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HomeMy WebLinkAbout504076 JAIME KATE GASTELLE - PURCHASE ORDER - 9123686PURCHASE ORDER PO Number Page City of 9123686 1 of z ' `t Collin + This number must appear 1 �7 on all invoices, packing slips and labels. Date: 06/26/2012 Vendor: 504076 Ship To: LINCOLN CENTER JAIME KATE GASTELLE CITY OF FORT COLLINS 2251 ROCKY MOUNTAIN AVE, APT 103 417 W MAGNOLIA LOVELAND Colorado 80538 FORT COLLINS Colorado 80521 Delivery Date: 06/26/2012 Buyer: JAMES O'NEILL Note: Line Description Quantity Ordered UOM Unit Price Extended Price APP Piano Project 2012 1 LOT LS 650.00 Total $650.00 C3. Oi1a.�-QQ � 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 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 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt form state and local tzxes. Our Exemption Number is 99-01502. Federal Excise Tax Exemption Certificate of Registry 84-64111f1597 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Satutcs 1973, Chapter 39.26. 114 (a). Goods Rejected. GOODS REJECTED due to failure to men specification, either when shipped or due to defects of damage in transit, may be rearmed to you for credit and arc not to be replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon strict per(omance of the terms and conditions hereof, failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of o breach. the ncceptance of or payment for goods hereunder or approval ofthc design, shall not release the Seller of any of the warmntics or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hercoforany of its rights or rcmcdics as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase onlcr by The Purchaser operate as a waiver of any of the terms 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 be understood that FINAL Seiler and the Purchaser recognize that in actual economic practice. overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact berme by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase enter, 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 Fen Collins. 700 Word St., Fair Collins, CO R0522. unlncs acquired under federal or state antimst laws for such overcharges relating to the particular goods or sen'ices 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. bill must accompany invoice Additional charges for packing will not be accepted. Shipment Distance. Arhere manufaeturcn have distributing points in various pans of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted form Invoice when shipments am made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits. eenificates and licenses required by all applicable laws, regulations. ordinances and roles of the state, municipality, territory or political subdivision where the work is perforated, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seiler further agrees to hold the City of Fun Collins hamtless form and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, onlinanccx. roles mad requirements. Authorisation. All panics to this contract agree that the representatives are. in fact, bona fide and possess fall and complete authority to bind said panics. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hemtn or incorpenced herein by reference. Any additional or different terms and conditions proposed by seller am 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 ofthe essence. Delivery and perfnmance mutt be effected within the time stated on the purchase order and the documents attached herein. No acts of the Purchasers including. without limitation, acceptance ofpanial late deliveries. shall o eette a 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 ofplacing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of Gad, acts ofcivil or military authorities, governmental priorities. fires, strikes flood, epidemics. scars 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 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 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 ofthe Sellers breach of warrnty. The Seller shall replace, repair or make good, without cast to the purchaser, any defects or faults arising within one (O year or within such longer peied of time as may be prescribed by law or by the terms crony applicable warranty provided by the Seller after the date of acceptance ofthe goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Scllcr. Acceptance or use of goods by the Purchaser shall not constitute, a waiver ofany claim under this wxmnty. Except as otherwise pmvidcd in this purchase order. the Sellers liability hereunder shall extend to all damages Proximately caused by the breach artery of the foregoing "arm it or guarantees, but such liability shall in no event include loss ofpmfits or loss ofuse. 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 teens, other than legal tome, including additions to or dcleliens from the quantitica originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time ofperforranec hereunder, an equitable adjustment shall be made. fi. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement is to any or all pest mns of the goods then not shipped, subject to any equitable adjustment bctssecn the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion ofthe goods and/or work, for incidental or consequential damages, and that no such adjustment he made in favor ofthe Seller with respect to any goods which are the Sellers standardstock. No such termination shall relieve the Purchaur ar the Seller ofany oftheir obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days form the date the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seller wamnts that all goods sold hereunder shall have been produced, said. delivered and famished in strict compliance with all applicable laws and mutilations to which the goods 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 he incorporated in agreements of this character are hereby incorporated herein by this reference. The Seiler agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, hansfer. or convey this order, or any monies due or to become due hereunder without the prior written consent of the other party. Ifi. TITLE. The Sella warrants full, clear and unrestricted title to the Purchaser for all equipment materials, and items furnished in perfomanec of This agreement, free and clear of any and all liens, restrictions. reservations, security interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. trice Purchaser directs the Seller to corect nonconforming or defective goods by a date to be agreed upon by the Purchaser and the St and the Seiler thereafter indicates its inability or unwillingness to comply. the Purchaser may cause The work to be perfumed by the most expeditious means mailable to it and the Scllcr shall pay all costs associated with such work. The Seller shall release the Purchaser and its continuous of any tier form all liability and claims of any nature resulting I'mm the performance oCcueh work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors. effects and employees of such party. The Seller's contractual obligatiems, including wamnty, shall not be devoted to be reduced, in any way, because such work is perfumed or caused to he perfumed by the Purchaser. 14. PATENTS. Whenever the Seiler is required to use any design, device. material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser form 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 cost, expense or damage which it may be obliged to pay by reason ofsuch infringement at any time during the persecution or after the completion of the work. In case said equipment, or any part thereof nr the intended use 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 Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment, or modify use it becomes noninfringing. 15. INSOLVENCY. If the Seiler shall become insolvent or bankrupt make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. Ifi. GOVERNING LAW. The definitions armfuls used or the interpretation ofthc agreement and the rights ofall panics hereunder shall be construed undo and governed by the laws of the State of Colomdo. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services o'Scllcrs Representative(s), on the premises ofolhers. 17. SELLERS RESPONSIBILITY. The Scllcr shall carry on said work at Sellers 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 bef rc Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser, When materials and equipment are furnished by others for installation or crecrion by the Seiler, the Seller shall receive, unload. store and handle same a1 the site and become responsible therefor as though such materials and/err equipment were, being famished by The Seller under the order. 19, INSURANCE. The Scllcr shall, at his own expense, provide for the payment of workers cent remittion, including occupational disease benefits, to its employees empleyed on or in connection with the work covered by this purchase order. and/or to their dependents in accordance with the laws of the state in which the work is to he done The Seller shall also carry cemprchcnsive general liability including, but not limited to, contractual and automobile public liability inzumnce with bodily injury sad death limit of at least S3n0,I0,10 for any one person, S500,000 for any one accident and pmperty damage limit per accident of S400,000. The Seller shall likewise require his contractors, irony, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any .work upon the premises ofethen. the Seller shall furnish 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 certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and inurmce shall be maintained until aficr the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury afany kind or nature whatseever to persons or property caned by or resulting form the execution offl c work pmvidcd for in this purchase orderer in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers effects, agents and employees form and against any and all claims, losses damages. charges or expenses, whether direct or indirect, and whether to persons or pmpcny to which the Purchaser may be put or subject by reason of any act, action, ncglcct, omission or default on the part of the Scllcr, any of his contractors, or any of the Sellers or contractors affects, agents or employers. In case any suit or other proceedings shall be brought against the Purchaser. or its officers. agents or employees at any time on account or by reason of any act. action, neglect, omission or default ofthe Seller array of his contractors or any of its or their officers, agents of employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the ,,are 01 the Sellers own expense, to pay any and all costs, charges, amnmcys fees and other expenses. any and all judgments that may be incurred by or obtained against the Purchaser or any of it or their officers, agent or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the pmperty ofthe Purchaser. or said panics in or as a recall of such suits or other pmccedings. the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall lake all safety precautions, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safcry and Health Act of 1970 and till mles and regulations issued pursuant thereto. Revised 03/2010