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HomeMy WebLinkAbout102622 POUDRE SCHOOL DISTRICT - PURCHASE ORDER - 9141300PO PURCHASE ORDER 914130er Page C117/ of PURCHASE 9141300 t of z ' `tr OI lI ns This number must appear ` v ` 1 1�7 on all invoices, packing sli s and labels. Date: 02/28/2014 Vendor: 102622 Ship To: PARK MAINTENANCE POUDRE SCHOOL DISTRICT CITY OF FORT COLLINS ATTN: ACCOUNTS RECEIVABLE 413 S BRYAN 2407 LAPORTE AVE FORT COLLINS CO 80521 FORT COLLINS CO 80521-2297 Delivery Date: 02/28/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price Gym Rentals 1 LOT LS 6,093.76 INVOICE AR127362 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul 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 Invoice Address 76 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terris and Conditions Page 2 of 2 1. COMMERCIAL DETAIIS. Tax exemptions. By statute the City of Fan Collins is exempt from sure and local taxes. Our Exemption Number is 11. NON WAVER_ 98-04502. Federal Excise Tax Exemption Cmificme of Registry 84-600058I is registered with the Collision, of Failure ofine Purchuer . insist u,a mutt Performance of the as. and conditions hereof, failure m delay To l aerwl Revenue, Denver, Colorado (Rrf. Colorado Revised Stamm 1973, Chapter 39-26,114 (a). exercise any nghu or remedies provided herein m by law, fail.. to promptly notify the Seller To the esmt of a breach, the acceptance of or payment for goods Immunder or approval mine design, shall nor release the Seller of Goods Rejected. GOODS REJECTED due to failure to men specifications, either when shipped or due to defects of any of the warearirs or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be national to you for credit and are not To her Miami] except upon mean, of wtinin purchaser m;mist upon strict peon mince hrreofar any of its rights or remedies as To any such goods, regardless instructions tram the City of Fort Collins. of when shipped, received or accepted, in to any prior or subsequent default hereunder, nor shall my purported oral modification or rescission of this purchase order by the Purchaser opemm w a waiver of my of the terms Impetion. GOODS are subject to the City of Fan Collins inspection on woal. bereoC Final Acceptance. Receipt of the merchandiss, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. numerical payment on the Pon of the City of Fan Collins. However, it is to be understood that FINAL Seller and the Poodsomr recognize Oat in actual ec is Prothro, o ershm,es molting from .1.1 ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations arc in fact home by the Parchment. Theretofore, forgoodcame and ss consideration for executing W s purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.R, City of Pan Collins, 700 Wood St., Few Collins, CO 80522, unto. acquired order federal or stare 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. bill must accompany invoice. Additional charges for packing will not be accepted. Shipmem Distonce. Where mmndwtnrers have distributing Points in .How pans of the country, shipment is expected from the nearest distribution point In destination, and excess freight will be deducted from Invoice when shipments are mode Gout greater distmme. Permits Seller shall pnmrm at sellers sale cost all necroor, permits, criificams and licenses required by all applicable laws, regulations, orchromees and rules of the state, municipality, territory or political subdivision where the work is informal, or required by any other duly constimred public omhariry, having jurisdiction over the work of condor. Seller further agrees to hold the Ciry of Fail Collins hamdcss from and against all [,,ability and [as, coed by them by reason of an asserted or established violation of any such laws, regulations, ordinances, roles and requiretnem, Authodration. All panics to this contact agree that the representatives are, in fact, bow fide and possess fall and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance To the terms and conditioro sorted herein set forth and any supplementary a additional toms and condawas annexed hereto or incorporated herein by reference. Any additional or diOerent terms and conditions proposed by seller are objected to and hereby oriented. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as acted. Time is of the essence. Delivery and Performance must be effected within the time surd on the purchase order and the documents attached hereto. No acts of the Purchasers including, without Intuition, weeptmme affairs) late deliveries, shall operate w a waiver oflhix pmaxim. In the event many delay, the Purchaser shall have, in addition to no, legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages ses a result of delays due to causes not reasonably ficammable which are beyond its reasonable control and without its fault of negligence, such acts elided, acts ofcivil or military, authorities, governmental priorities, fires, spikes, Orion. epidemics, wars or riots provided that notice ofthe conditions causing such delay is given on the Purchaser within five (5) days ofthe 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 m The Time actually lost by.ason i fthe delay. 3. WARRANTY. The Seller warrants tlmt all goads, articles, materials and work covered by this order will confomr with applicable drawings, specifications, samples and., other descriptions given, will be ❑t far the Ou,.,cs intended, and performed with The highest degree of care and competence in accordance with accepted atandnNs for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may sutler or incur on account ofthe Sellers breach of warranty. The Seller shall replace, repair or make good, without cast to The purchmeq any defects or faults arising within one (I) year or within such longer penal of time as may be presmbed by law or by the terms of my applicable warranty provided by the Seller after the don of acceptance of the goods famished hereunder (acaTtwce not to be unreasonably delayed), resulting from imperfect at defective work done or materials ftanishd by the Seller. Acceptance or use of good by the Purchaser shall not constitute a waiver ofany claim ceder This warning. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proxwately caused by the breach of any of the fotax,m, .'a - or guarantees, but such liability shall in no event include lass of profits or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchase may take changes m legal tcma by wriven change major. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other Oat legal .raw, including additions to or deletiom from the quparoms originally ordered in the specifications or drawings, by verbal or wxincn flange aide,* If any such change affects the amount due ar the tour ofpedm orwre ce heunan der, eqmable adjustment shall b<made. 6. TERMINATIONS. The Purchaser, rTiny at any time by writer change oMeq terminate this agreeunn ex to any or all punit ns of the goods then not shipped, subjet to any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for my claims for anticipated profits an the uncompleted portion of the good armor work, for incidental or consequential damages, and That no such adjustment be male in favor of the Seller with respect to any goads which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligauaa. to any goads delivered hereunder. y. CLAIMS FOR AD/UST MENT. Any claim far idl ounenl most be usertd within thirty (30) days from the dale the change or Termination is ordered. S. COMPLIANCE WITH LAW. The Seller warcuts that all goods sold hereunder shall have been produced, sold, delivered and fumishd in aria omphance with all applicable laws and regulations te which the good are subject. The Seller shall execute and deliver such documents in may be required to effect m evidence compliance. All laws and regulations required to be incorporated in agreements of this charmor are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and dmagm suffered by the Purchaser az m result of no Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, pamfa, or convey this order, or soy monies due or to become due hereunder without the prior women consent ofthe other parry. 10. TITLE. The Sella warrants full, deem and on ewicted tiOe to me Pushaser fro all equipment, materials, and items fuvuhred in performance of this agreement free and clear of may mod all lines, restrictions, reservetime. security into. encumbrance and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Tithe Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchoser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply. the Purchaser may cause the work . be perforated by the most expeditions means available to it, end the Seller shall pay all costs associated with such work. no Sole, shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees ofsuch party. The Sellers contractual obligations, including waraaty, shall not ha decimal . be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller v required to we any deign, device, material or proress covered by later, patent, padenark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by crown of the use of such Farmed design, device, material or Process in connection with the compact, and shall indemnify The Purchaser for any cast expense or damage which it may be obliged in pay by reason ofsuch infringement at any time durwg the prosecution m after the completion of the work. In cam said equipment, or any pan Hereof or the intended use of the good, is in won suit held to consrimte infngement and The use of said equipment or pan is enjoinra4 the Sella shall, at its own expense and at its option, either procure for the Purchoser The right a continue in, said equipmem or pans, replace the satne with substantially equal but noninGnging equipment, ormodify ❑ wit bmomes noninfnnging. 15. INSOLVENCY. If the Seller 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. 16. GOVERNING LAW. The definitions of terms used or the imerpremtion ofthe agreement and The rights of ell parries hereunder shall be construed under and governed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in owes where the Seller is to Perform work hereunder, including The services of Sellas Represenutive(s), on the premises ofmhers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in se of my accident destruction or armury To the work miller materials before Sellars final completion and acceptance, complete the work at Settees own expense cad to the satisfaction of The Purchaser. When materials and equipment are permitted by others for instillation or machine by the Sella, don Seller shall receive, unlond, wore and handle same at the site and become responsible therefor ns though such mmmals wil rynipmem were being Burnished by the Sella under the open. 18. INSURANCE. The Seller shall, ar his own expense, provide far the payment of worker compensation, including mcupadowl disease benefits, to its employees employed on or in connection with the work covered by This purchase order, mtdton to Their deprodenw in wardance with the laws of the sure in which the work is to be done. The Sella shall also tarty comprehensive general liability including, but not limited to, contractual and marmalade public liability insurance wiN bodily injury and death limits of at least 900,O00 for any one person, 5500,000 for my one accident and property damage limit per accident of $400j)(iT. The Sella shall likewise require his contmtors, if any, to provide for such compensation and insurance. Before any of the Sellers m his romremors employees shall do any workman the premises of others, the Seller shall famish the Purchaser with a ranificate That such compenaton and insurance have been provided. Such cenificmes shall specify the date when such ompewation and insurance have been provided. Such uri ficates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintaind until after the entire wort is completed and accepted. 19. PROTECTION AGAINST ACCIDENT'S AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Purchasers ofirm, agents and employees farm end 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 act, action, neglect, omission or default on the pan of the Sella, any of his contmton, or any of The Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against The Purchaser, or its officers, agents or employes at my time on account or by reason of any at, action, neglect, omission car default of to Seller of my of his rontmemrs or any of its or Nov officers, agents or employees as aforesaid, the Sella hereby agrees to assume the defense thereof and to defend the same or me Sellers own expense, f pay any and all costs, charges, i tomeys fees and at,, expenses, any and all judgments Nat may be Trimmed by or mmined against the purchaser or any of its or Their miners, agents or employees in such scats or other poceedings, stand in case judgment or other lien be placed upon or obtained agaiwt the pre mny ofthe Ptuchuer, or said panics in or is a result of such snits or other proceedings, the Sella will at ogee cause the same to be dissolved and discharged by giving bond or mhawise. The Seller and his coonto rs shall uke all safety precautima, f ish and inaull ell guards necessary for The prevention of accidents, comply wiN all laws and regulations with regard m safety including, hot without limitatim, the Occupational Safety and Health Act of 1970 and all pules and regulations issued parsuant thereon. Revised 03n010