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HomeMy WebLinkAbout461366 LISA J CAMERON ARTWORKS LLC - PURCHASE ORDER - 9123291PO PURCHASE ORDER 9123291 Page City of PURCHASE 9123291 1 of 2 `t Cnumber must appear ` Collins1 ' ll invoices, packing s and labels. Date: 06/08/2012 Vendor: 461366 Ship To: LINCOLN CENTER LISA J CAMERON ARTWORKS LLC CITY OF FORT COLLINS 4524 SKYLINE DR 417 W MAGNOLIA FORT COLLINS Colorado 80526-4713 FORT COLLINS Colorado 80521 Delivery Date: 06/07/2012 Buyer: JAMES O'NEILL Note: Line Description Quantity Ordered UOM Unit Price Extended Price 1 APP Transformer Cabinet 2012 1 LOT LS 2,668.00 Invoice Address: City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill 11, CPPO City of Fort Collins City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terns and Conditions Page 2 of 2 1. COMMERCIALDETAIS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 99-04502. Federal Excise Tax Exemption Certificate of Registry 94-60M587 is registered acuh the Collector of Failure of the Purchnscr to insist upon strict performance of the terms and conditions hereof. failure or delay to Internal Revenue. Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a), exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder er approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, cithcr whun shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of anv right of the damage in transit, may be mourned to you for credit and i m not to be replaced except upno receipt of written Purchaser to insist upon strict performance hercnfor any of its rights or remedies as to anv such goods, regardless instntctinns fmm the City of Fr" Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purponed oral modification or reseixsion of this purchase order by the Purchaser operate as a sve fiver array of the terms Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fan Collins. However, it is to he orders. tood that FINAL Seller and the Purchnscr remeniu that in actual economic practice. overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures violations arc in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order. the Seller hereby assigns to the Purchnscr any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.H., City of Fort Collins, 700 Woad St., Fort Collins CO 90522. unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or scriees otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursaont to this purchase order. bill must accompany invoice Additional charger for packing will not be accepted. 13. PURCHASERS PFRFORMANCE OF SELLERS OBLIGATIONS, Shipment Distance. Where manufacturers have distributing Points in varin s pans of the wantry, shipment is Ifthe Purchaser directs the Seller to cancer nonconforming or defective goods by a date to he agreed upon by the expected fmm the nearest distribution point to destination. and excess freight will be deducted front Invoice when Purchnscr and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply. the Purchnscr shipments arc made fmm greater distance. may cmtse the work to be performed by the most cxpeditirms means nvailzble to it, and the Scllcr shall pay all costs e,,ociatcd with such work. Permits. Seller shall procure at sellers sole cost all necessay permits. certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory, or political subdivision where the work is performed, or required by any other duly constituted public authoriy having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmlcm farm and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordin.,nco. roles and requirements. Autherivttion. All panics to this contract agree that the representatives arc. in fact. Iona ride and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order cxprcaly limits acceptance to the terms and conditions stated herein set forth and any supplemeatary or additional terms and conditions annexed hereto or incorporated herein by reference Any additional or different terms and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to .antic on your promised delivery date as noted. Time is of the essence. Delivery and Performance most he effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, a thont limhation,.,eceptance of partial late deliveries, shall operate rs a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other kcal and equitable remedies, the option nfplacing this order elsewhere and holding the Seller liable for damages. However, the Sellershall not he liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence. such acts ofGod, acts ofeivil or military authorities, governmental priorities, fires strikes, flood, epidemics ears or riots provided that notice of the conditions causing such delay is given to the Purchaser 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 shill 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 giacn, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account .1-the Sellers breach of ouremmy. The Seller shall replace, repair or make Food, w'ithont cost to the Purchaser. any defects or faults arising within one (1) year or within such longer period of time as may he prescribed by law or by the terms of any applicable ".,Mary Provided by, the Scllcr after the date of acceptance of the Sood< furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of grads by the Purchaser shall net constitute a waiver of any claim undo this wamnty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall emend to all damages proximately caused by the breach of any of the foregoing worm mics or guarantees, but such liability, shall in no event include Ions of profits or loss of use. NO INIPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes In legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal temn<, including additions to or deletions from the qunntitics nri'mally ordered in the specifications or drawings, by verbal or written change order. If any such change affecls the amount due or the time ofperformance hereunder, an cquitablc adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written chance order, tcof inntc this agreement as to any or all portions of the goods then not shipped, subject to any cquitablc adjustment between the panics as to any wmk or matclids then in progress provided that the Purchaser shall not be liable fer 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 Seller with respect to any goods which me the Sellers standard slack. No such ermination shall relieve the Purchaser or the Seller of any of their obligations ns to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants 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 prods arc subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated heein by this reference. The Seller agrees to indemnify and hold the Purchaser hermlcss Tom all costs and damages suffered by the Parchacr as a result of the Scllcrs failure to comply with such law. 9. ASSIGNMENT. Neither Party shall assign, flouter. or convey this order. or any monies due or to become due hereunder is ilhont the prior written consent of the other pant. 10. TITLE. The Scllcr wnmat, full, clear and unrestricted title to the Pnrchascr for all equipment. materials, and items furnished in performance of this agreement, free and clear of any and all liens, restrictions, reservations. security, interest creambnnces and claims of mhcrs. The Seller shall release the Purchaser and its contractors of.lay tier Tom all liability and claims of any nature resulting From the performance ofsuch wad;. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, officers and employees of such parry. The Seller's contractual obligations, including uwmnty, .shall not be deemed 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 required to use any design, dewier., material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify read save harmless the Purchaser fmm any and all churns for infringement by reason of the use of such patcmed design, device, material or procea in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged in pay by reason ofsuch infringement at any time during the prosecution or after the completion of the work. In ease said equipment. or any part thereof or the intended no, of the goods, is in such suit 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 Pnrchascr the right In continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment, or modify it so it beenmes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or tastes for any of the Sellers property or business, this oiler may forthwith be canceled by the Purchnscr without liability. 16. GOVERNING LAW. The deftnninns of terms used or the interpretation ofthe agreement and the rights off]] panics hereunder shall be construed under and governed by the laws of the State of Colorado, USA. The following Addilionnl Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Sellers Representativc(s), on the premises ofelhcrs. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers min risk until the same is fully completed and accepted. and shall, in case of any xccidcnt, destruction or injury to the work and/or materials before Seller's final completion and ,acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When m.,teriols and equipment arc furnished by others for installation or erection by the Scllcr. the Scllcr shall receive, unlead. store and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. IA. INSURANCE. The Seller shall, at his min expense. provide for the payment of workers compensation, including occupational disease benerits. to its employees employed on or in connection with the work covered by this purchase order. and/or In their dependents in accordance with the Imes of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contmetanl and aatomnhile public liability insunncc with bodily injury sad death limits of at least S3010.000 for any one person. S50111810 for any one accident and property damage limit per accident of S400.000. The Seller shall likewise require his contracters, if any, to provide for such cmnpensetimn and insurance. Before any of the Sellers or his contractors employees shall do any work open the premises of others, the Seller shall furnish the Pnrchascr with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such eom,n nsmion and insurance have been provided. Such eenifiemes shall specify the dme when such compensation and insurance espires. The Seller agrees that such conpensation and insurance shall he maintained until aver the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Scllcr hcrcbv assumes the entire responsibility and liability for any and all damage. In,., er injury of any kind or nature whatsoever to persons or property caused by ar resulting from the execution oflhe work provided for in this purchase enter nr its connection herewith. The Scllcr will indemnify and hold harmless the Purchnscr and any or all of the Purchasers effects, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct Or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of any tier, action. neglect. omission or default on the pan of the Scllcr, any of his contractors, or any of the Scllcrs or contractors officers, agents or cnmpinyccz. In case any snit or other proceedings shall be hrought against the Pnrchascr, or its officers, agents or employees at tiny time on account or by mason of anv al. action. neglect. omission or default of the Seller of any of his contractors or any of its or their officers, 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 Pumhascr or any of its or 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 of the Purchaser, at said panics in or as a result of such suits or other proceedings. the Sellerwill at once cause the same to be dissolved and discharged by giving bond orothcrvisc. The Seller and his contractors shall take all safety precautions. furnish and install all guards necessary for the prevention of accidents, comply with all lams nod rcialminns with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all modes and regulations issued puewant therein. Revised 0312010