HomeMy WebLinkAbout129729 EXODUS MOVING & STORAGE INC - PURCHASE ORDER - 9133007PO
PURCHASE ORDER 913300er Page
�.I�/ of PURCHASE
33007 t or 2
' `t Collins( his number must appear
V " �7 on all invoices, packing
sli s and labels.
Date: 04/02/2014
Vendor: 129729
EXODUS MOVING & STORAGE INC
1730 E PROSPECT RD SUITE 102
FORT COLLINS CO 80525
Ship To:, LINCOLN CENTER
CITY OF FORT COLLINS
417 W MAGNOLIA
FORT COLLINS CO 80521
Delivery Date: 06/11/2013 Buyer: PAUL, GERRY
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
2 Amendment Req 47048 1 LOT EA 130.00
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
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
Page 2 of 2
L COMMERCIALDETATLS.
Tax exemptions. By anchor the Ciry of Fort Collins is exempt fiom scone and foal axes. Our Exemption Number ¢
11. NON WAIVER.
98-01502. Fdeml Excise Tax Exemption Ca tificam of Registry 84,6000587 is elistertd with the Collector of
Failure of be Purchaser a insist upon inner perfonnmce of be mans and consitiom bereof, failure or delay b
Internal Revenue, Denver, Colorado f er.. Colorado Revised Strauss 1973, Chapter 39Q6, 114 (a).
exercise any rights or remedies provided herein or by law, failure to promptly notify the Sella in the event of a
breach, the acceptance of or payment for goods hereunder or approval ofthe design, shall not release be Sella of
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
any of the warranties or obligations of Nis purchase order mid shall not be deemd a waiver of any right of the
damage in tmrsi, may be reamed to you for credit and arm not to be replaced except upon receipt of written
purchaser to insist upon strict performance hneofor any offs rights or remdies as as my such goods, regardless
inswetions from the City of Fort Collins.
of what shipped, mommd or accepted, as a any prior or subsequent default heeunda, tar, shall my purported
coal modification or rescission of this purchase order by the Pachasa Operate as a waiver of any of the terms
Inspection. GOODS on, subject to the City of Fan Collins inspection on wilval.
hereof.
Final Acceptance. Receipt of the merchandise, services or minimal in response to this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authodxd payment on the teen of the City of Fort Collins. However, it is to be understood that FMAL
Sella and the Purchaser recognize bill in octal economic practice, overcharges resulting train antitrust
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
violations art in fact home by the Purchaser. Thimbabrefogood opus and m consideration for exemring this
purchase order, the Sella hereby assigns a the Pmebamr any and all claims it may now have or hertafter
Freight Terms. Shipments must be F.O.B., City of Fort Collins, 100 Wood St,, Fort Collins, CO 80522, unless
acquired under federal or sane antitrust lows for such overcharges relating to the particular goods or services
otherwim specified on this order. lfparr fission is given to prepay freight and charge separately, the original freight
purchased or acquired by the Purchaser pursuant to this purchase, ort
bill must accompany invoice. Additional charges for poking will not be accepted.
13,PURCHASERS PERFORMANCE OFSELLERS OBLIGATIONS.
distributing print, in sairefight s putt of is
Shipment Distance. Wbere mmution hin
direct r, m commit ing or defective by a dare m be agreed upon by the
rrecr
IfthPurc
proa
Invotme w
poise m dnrination, and excess freight will be dducted from Invoice when
expend farm the d and toted boom
afteonf
or nuts
l d her
owProand le h comply, Purchases
Purchaser and the Sella, and the Sellery its inability cable
from reaNbutlon
shipments are male from greater distance.
the v to shall
may crux the work to be performed by the most expeditious means available to in, and the Seller shall WY all
costs asspcimed with each work.
Permits. Seller shall procure at idlers sole cost ell permit, and licenses required all
y,rtificah
w
laws, regulations,be political subdivision where
and tales of the stare, municipality,
The Seller shall relearn the P and its contmcsors of any, tier from ell liability and claims of any wturt
by my other duly omy having jurisdiction over the work
the arl. r re io nd by
the walk is performed, or iarN public authority
of
resultng from the pafamtmtt of such work.
tal
Fen Collins harness form end egainsr all liability end loss
vendor. Seller further agreest no boll be City Fort and
endo
croagrees
li
ncumed by them by reason of an asseneJ or established violation of any such laws, regulations, ordinances, tales
m
This release shall apply even in the ever of fah of negligence of she party relaxed and shall extend to the
laid regoiremenls.
directors, onittrsand employees ol'soch pony.
Authorization. All panne, to this comma agree that the representatives are, in fact, Cotter fide and possess full and
complete authority to bind said pmtia.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tams and conditions stated
herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated hneb by
reference. Any additional or different anor and conditions proposed by seller are objected to and hereby jetted.
1. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately Hymn wino. took, complete shipment.. wrive on your
promised delivery date as noted. Time is of the essence. Delivery and performance most be dfected within the time
smred on the purchase order and the documents attached hereto. No acts of the Purchases including, without
limimrion, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay,
be Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere
end holding the Sella liable for damages. However, the Seller shell trot be liable fro damages as it result of delays
doe to ue uwes ma reasonably forest able which are beyond its reawonable cmtml and without its fault of negligence,
such acts of God, acts ofavil or military authorities, govrmmental priorities, but, strikes, Rood, epidemics, wars or
riots pfvided that notice of the conditions causing men 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 dam of delivery shall be
annodN far the period eqml m be time rawly lost by reason of the delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order will confirm with applicable
drawings, specifications, samples andur other descriptions given, will be fit for the purposes intended, and
Performed with the highest degree or one and competence in accordance with accepted standards for work of a
similar nature. The Sella agrees m bold the purchaser hamtless from my loss, damage or expense which the
Purchaer may suBa or incur o. area... of be Sellers breach of warmnry. The Seller shall replace, repair or make
good, without cost to the purchase,. any defied, or faults arising within one (I) year or within such longer period of
time as may be prescribed by law or by the scans of any applicable warranty provided by the Seller aRa the date of
acceptance of be goods fumichd hereunder (acceptance not to be unreasonably delayed), resulting from imperman
or defective work done or materials tbmished by the Seller. Acceptance or use of girds by the Purchaser shall got
omtiam a waiver ofmy claim neater this wammry. Except as otherwise provided in bits purchase order. be Sellers
liability herewder shall extend m all damages proximately camad by be breach of any of be foregoing wascanties
or guamnteea, but such liability shall in no event include lass ofpafits or loss of use. 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 mtam mike any changes to the s, .,her than lea gl am. including w1doianto to
r r deletions from
be quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such
change aReds be amount due or the time ofpafonmence hereunder. nit equitable adjustment shall be made.
6. TERMINATIONS,
The Purchaser may at any time by written change order, terminate this agreement as to any or all potions of be
goads then not shipped bolster o any equitable adjustment between the parties as to any work or malmals ben in
Progress provided that the Purchaser shall not be liable for my claims for anticipated pmfit on the uncompleted
portion of be goods major work, for incidental or consequential damages, and that no such adjustment be made in
favor of be Seller with respect to my goods which are be Sellers sec M stark. No such termination shall relieve
the Purchaser or be Sella ofmy of their obligations as to my goods delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be asserted within thirty (30) days from the date the change or Irradiation is
ordered.
8. COMPLIANCE WITH LAW.
The Seller waccmts that all goads sold hereunder shall have been prdu al, sold, delivered and fumishd in shin
compliance with all applicable laws and regulations to which be goods are subject. The Seller shall execute and
deliver such document as may be required to effect or evidence compliance. All laws and regulations required to be
newpomtd in agreement of this character are hereby incorporated herein by bit reference. The Sella agrees m
indemnify and hold for pwqux r harmless from of cost and darmgcs sulierd by rue Purchase, as a result of be
Sellers failure an comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey Chia outer, or my monies due or to become due hereunder without be
prior written ronsart of the ober pry.
10. TITLE.
The Seller warrants full, clear and unrestricted title to be Purchaser for all equipment, materials, and items furnished
in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest
eacumbmncs and claims ofobcia.
The Sellers contractual obligations, including warranty, shall not be desmnl as be reduced, in my way, because
such work is pert d or caused to be performed by the Pmchusa.
14. PATENTS.
Whenever the Seller 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 from any and all claims for infringement
by reason of the use of such paused design, desire, material or process in connection with the mother, and
shall indemnify the Purchaser for any area, expense or damage which it may be obliged to pay by reason of such
infringement at any time during the prosecution or after b, completion of the work. In eau mid equipment, or
any part thereof or 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 to, mid equipment or parts, replace the same with substantially eqml but
marrinGng fig equipment, or modify it so it becomes nonin raging.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a
receiver err tmstee for any of the Sellers prepmy or business, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions ofmma used or the interpretation of the agreement and the rights of all parties hereunder shall be
constmed under and governed by the laws of the State of Cafrado. USA.
The following Addhiottel Conditions apply only in angs wher, the Seller is to Perform work hereunder,
including the services of Sellm Representative(,), ors in, pmnixes ofothers.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sellers own risk until the same u filly completed and accepted, and shall,
in se of any accident, destruction or injury to the work at material, before Sellers final completion and
acceptance, complete be work at Sellers own expense and on be satisfaction of be Purchaser. When materials
and equipment arc fumis ad by others for installation or erection by the Sella. be Seller shall receive, unload,
stare and handle same at be site and become responsible therefor as though such materials sell equipment
were being f rmishd by the Sella under be order.
I S. INSURANCE.
The Seller shall, at his Own exp roe, provide for be Payment of workers compensation, including occupational
disease benefit, to its employees employed on or in eamecticn with be work mverd by this purchase order,
anddor to bar dependents in accordance with the laws of be state in which the work is to be done. The Seller
shall also carry comprehensive general liability including, but not limited on, emnacaal and automobile public
liability insurance with tseddy injury and drum limits of at least SJpo,Opn kr any one parson, 5500,000 for any
one accident and property damage limit per accident of S40 ,000. The Seller shall likewise require his
embromma. if any, m provide for -sh mmpensaion and insurance. Before any of the Sellers or his counselors
employees shall do my wok upon be promises of others, be Seller shall fmish be Purchaser with a eenifican
Had such compensation and its a have been provided. Such calificnes shall specify the data what such
compensation and insurance have been provided. Such ttrtific ttes shall specify the date when such compensation
and nunmnce expires. The Seller agrees that such compensation and insurance shall be maintained unto after the
smile walk is completed and worpted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the attire responsibility and liability for any and all damage, Inss or injury of any kind
r nature whatsoever m persons or property caused by or resulting from the execution of be work provided for in
his purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any
r all of be Purchases, officer, agents and employees from and against my and all claims, loses, damages,
changes or expenses, whether direct or indirtcn, and whether to persons or property to which the Pacbazer may
be put or subject by reason of my act, action, bigger, omission or default an be pan of the Seller, my of his
conow", or any of be Sellers or commit. mperrs, agents Or employees. In cam my suit or other
pmeedings shall be brought against the Purchweg or its officers, agents or employees an any time on account or
by reason of any act, action, neglao, omission or default of the Seller of any of his comrrctars or any of its or
their officers, agent or employees as ofresaid, tbe Seller hereby agrees to assume be defense thereof and to
defend be same it, be Sellers own expense, to pay any and all casts, charges, attorneys Ears and ober expenses,
any and all judgment that maybe incurred by or obtained against the Purchaser or my of it or thew officers,
agents or employees in such suit or other proceedings, and in case Polemical or other lien be placed upon or
obtained against the property of the Purchaser, or said pmr. in or as a result of such suit or other proceedings,
be Sella will at once wax the same to be dissolved and discharged by giving bond or otherwise. The Seller and
his convectors shall sake all safely precautions, fmish and Iowa[] all guard necessary for be prevention of
accidents, comply with all laws and regulations with regard to safety including, but without Initiation, the
Occupational Safety and Ha Ith Act of 1970 and all roles and moulatons issued porsumr thereto.
Revised 03I2010