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HomeMy WebLinkAbout499434 PRODISPLAY - PURCHASE ORDER - 9121464 (2)PURCHASE ORDER PO Number Page City Of///��� 9121464 1 of z `t Collins This number must appear on all invoices, packing slips and labels. Date: 05130/2012 Vendor: 499434 PRODISPLAY 63 VIA PICO PLAZA SUITE 402 SAN CLEMENTE California 92672 Ship To: CLRS ADMINISTRATION CITY OF FORT COLLINS 215 N MASON, 3RD FLOOR FORT COLLINS Colorado 80524-4 Delivery Date: 03/12/2012 /Buyer: JOHN STEPHEN Note: / Line Description Quantity M Unit Price Extended Ordered Price 2 adjust contract 1 LOT EA 1,300.00 C3. O'✓ta.�-Q-4 J� City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email: purchasing@fcgov.com Total $1,300.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Number is 9R-(H502, Federal Excise Tax Exemption Ccni ficate of Registry 84-6000587 is mg istcrcd n'ith the Collector of Internal Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECTED due to failure to mod specifications, either when shipped or due to defects of damage in transit, may be returned to von for credit and am not to be replaced except upon receipt of Written instructions fmm the City of pun Collins. Inspection. GOODS are subject to the City of Fan Collins inspection on anneal. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the cons and conditions hereof, Failure Or delav to exercise any rights or remedies pmvidcd herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for good hereunder or approval of the design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be devoted a waiver of any right of the purchaser to insist upon ,strict perfomanec hereof Oa any ofit, rights err rcmcdics as to one such goods regardless of when shipped, received err aweptcd, as to any prior or subsequent default hereunder, nor shill any paported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. Final Acceptance. Receipt of the merchandise, scrviccs or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAI MS. authorized payment on the part of the City of Fort Collins However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual cemomic practice, mcreharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection prncedurcs. violations are in fact borne by the Purchaser. Thictootore, for good cause and as considcation for executing this purchase oiler, the Seller hereby assigns to the Purchaser any and all claims it may now, have or hereafter Freight Terms. Shipments must be F.O.B.. City of Fort Collins. 700 Wood St.. Fan Collins, CO 9052. unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. hill must accompany invoice. Additional charges for packing will not be accepted. 11. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is If the Purchaser directs the Seller to correct noncnnfoming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destimitian, and excels freight will he deducted From Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Parehascr shipments arc made from greater distance. may cause the work to be perfumed by the most expeditious means available to it, and the Scllcr shall pay all rust,associated with such work. Permits Seller shall pronuc at sellers sale cost all necessary pcmits, certificates and licenses rcquircd by all applicable laws. regulations ordinances and rules of the Stan, municipality, territory err political subdivision where the work is performed, or required by any other duly constituted public malunity having jurisdiction over the work Of condor. Seller further agrees to hold the City of Fort Collins harmless fmm and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances. talcs and requirements. Authorization. All parties to this contract agree that the representatives arc. in fact, bona fide and possess full and complete authority to bind said parties, LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional toms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions Imposed by seller me objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your premised delivery date as noted. Time is of the essence. Delivery and perfomanec must he effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchauts including, without limitation, acceptance ofp iclizl late deliveries, shall operate as a waiver of this prevision. In the event of any delay. the Purchaser shall have, in addition to other legal and equitable rcmcdics, the option of placing this order elsewhere and holding the Seller liable fat damages. However, the Seller shall not be liable for damages asit result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault ofnegligence. such acts of God. acts ofeivil or military mnhoritics. governmental primilics, rims. strikes food, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purcham, within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings. specifications, samples and/or other descriptions given, will he fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for wark of a .similar comic. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wnm my. He Seller shall replace, repair or make good, without cast to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law err by the rims ofany applicable warranty provided by the Seller after the date of acceptance of the good furnished hereunder mot eptance not to be unrcasonabfy delayed). resulting fount imperfect or defective work done err materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this wnmmy. Except as otherwise pmvidcd in this purchase order, the Sellers liability hereunder shall extend to all damges proximately caused by the breach of any of the foregoing wamntics or guarantees. bill such liability shall in no even, include loss of pmEts or lass of usc. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE. SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal forms, including additions to or deletions from the quantities Originally ordered in the specifications or drawings, by verbal or written change omen. If any such change affects the amount due or the time ofperformance hereunder, an equitable adjustment shall he made. fi. TERMINATIONS. The Purchaser may at any time by written change order. Icmieate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment berveen the panics as to any work or materials then in pmgrcss provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Scllcr with respect to any goods which are the Sellers standard stock. No such remination shall relieve the Purchaser or the Seiler of any of their obligations as to any goods Jet ivcrad hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim far adjustment must be asserted within thirty (30) days fmm the date the change or termination is omcmd. 8. COMPLIANCE WITH LAW. The Seller wamnts that all goods sOld hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods are subject. The Scllcr shall execute and deliver such documents as may be required to effect or evidence compliance All laws and regulations required to he incarpomted in agreements of this character arc hereby incorporated herein by this reference. The Seiler agrees to indemnify and hold the Purchaser harmless fmm all cast and damages suffered by the Purchaser ns a result Of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other parry. 10. TITLE. The Seiler wamrrts full, clear and unmshictcd title to the Purchaser for all equipment, materials and items furnished in performance of this agreement. face and clear of any and all liens. restrictions, reservations, security interest cacumbmnccs and claims of mhes. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance ofsnch work. This release .shall apply even in the event of fault of negligence of the party released and shall extend to the directors. officersand employees of such party. The Sellers contractual obligations, including n'amary, shall not be donned to be reduced. in any way. because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is rcquircd to use any design, device, material or process covered by letter, patent, trademark or copyright. the Scllcr shall indemnify and save harmless the Purchaser fmm any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any east, expense or damage which it may be obliged to pay by reason ofsuch infringement at any time during the pmseeution or after the completion of the work. In case said equipment, or any part thereof or the intended use of the goods, is in such said held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall. at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans replace the same with substantially equal but noninfringing equipment, or modify it sea it becomes mninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of ereditos, appoint a receiver or Instce for any of the Sellers property or business. this order roue forthwith be canceled by the Purchaser without liability. 15. GOVERNING LAW. The definitions nfterms used or the interpretation of the agreement and the rights ofnll panics hereunder shall be construed under and governed by the laws afthe State Of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Sellers Represcaalive(s), on the premises Of others. 17. SELLERS RESPONSIBILITY. The Scllcr shall carry an said work at Settees own risk until the same is fully completed and accepted, and shall. in case of any accident. destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Parehascr. When materials and equipment are famished by others for installation or erection by the Seller. the Seller shall receive. unload, store and handle saute at the site and become respansiblc therefor as though such materials and/or equipment were being furnished by the Seller under the order. IR. INSURANCE. The Seller shall. at his on'n expense. provide for the payment of workers compensation. including occupatinnal disease hcnc6ts to its cmployccs employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the Inws of the state in which the work is to be done The Seiler shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least 5300.000 for any one person, $500,000 for any one accident and property damage limit per accident of S400.000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance Before any of the Sellers Or his contraztore employees shall do any work upon the pmmiws ofothers, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been pmvidcd. Such ecrtificaes shall specify the date when such compensation and insurance expires. The Seller ogrccs that such compensation and insurance Shull be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seiler hereby assumes the entire responsibility and liability for tiny and all damage, loss or injury ofany kind Or nature wh tum,ce, Io pawns or pmpcny caused by ar resulting from the sweation ofthe work provided tar in this purchase order or in connection hercwilh. The Seller will indemnify and hold harmless the Purchaser and env or all of the Purchasers oReers. agents and employees from and against any and all claims, losses, damages, charges or expenses. whether direct or indirect, and whether to persons or proper v to which the Purchaser may he put or subject by reason of any act, action, neglect. omission or default on the part of the Seller. any of his contractors, err any of the Sellers or contractors offices, agents or employees. In case any suit or other proceedings shall be hmught against the Purchaser, or its officers, agents or cmployccs many time on account or by reason utility act. action, neglect. omission or default of the Seller litany of his contractors or any of its or their oRccm, agents or employees as aforesaid. the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Parehascr Or any of its err their officers, agents or employees in such suits or other proceedings, and in Case judgment or other lien be placed upon or obtained against the property fthe Purchaser, or said panics in or as a result of such suits mother proceedings the Seller will at once cause the same lobe dissolved and dmi arged by giving bond or otherwise. The Scllcr and his coma ctaci shall take all safety precautions. furnish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, hilt without limitmina, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 03/2010