Loading...
HomeMy WebLinkAbout113973 NATIONAL SPEAKER & SOUND - PURCHASE ORDER - 9141839PO PURCHASE ORDER 914183er Page City of PURCHASE 839 1 of 2 ' `F6rt Collins/ his number must packing �.I 1 1 on all invoices, packing sli s and labels. Date: 04/01/2014 Vendor: 113973 NATIONAL SPEAKER & SOUND 1559 S BROADWAY DENVER CO 80210 Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS CO 80521 Delivery Date: 04/01/2014 Buyer: WILSON, JILL Note: Reference 7597 Senior Center AV Project Agreement. Line Description Quantity UOM Unit Price Extended Ordered Price i Furnish labor, materials and 7597 Senior Center AV Project equipment to complete the A/V installation per attached equipment sheet and provide 2-year warranty. Installation shall be coordinated with the City of Fort Collins and Neenan Company, the design -build contractor. 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 1 LOT LS 136,000.00 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 1. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fan Collins is exempt from state and local mass. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Cenificam of Registry 84-6000582 is registered with the Collector of Imemd Revenue, Denver, Colorado (Ref. Coaxial. Revised Suura 1973. Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to def t of damage in wmit may be doubled to you for credit and are .1 1. he replaced except upon receipt of women instructions from the City of Fan Collins. Inspection. GOODS are subject to the City of Find Collins inspection on atfval. I=[ Acceptance. Receipt of the merchandise, services Or equipment in response to this older can result in euthorind Payment on the pan of the City of Fort Collins. However, it is to be wtdersmd flat FINAL ACCEPTANCE is dependent upon complawn of dl applicablerequired htpoelion Immoralists. Freight Terms. Shipments must be F.O.B., City of ran Collins, 700 Wad St, Fiat Collins, CO 80522, unless olherwlx spectral ern this order. if pemlission is given to prepay freight and charge separately, the original freight bill most accompany invoice. Additional charges for packing will not be warded, Shipment Distance. Where manufactures have distributing points in carious puts of the country, shipment s expected tram the nowed distribution point to dastiration, and excess f ight will a deducted from Invoice when shipments are made from greater distance. Permils. Seller shall procure at sellers sole cost all bleasmry Famous, eeniGcates and licenses required by sal applicable laws, regulations, ordinances and rules ofthe state, municipality, territory or political subdivision where the walk is performed, err required by any robe, duly constituted public authority havingjurisdati n over the work of vender. Sella fuller agrees to hold the City of Fon Collins harmless from and against all liability and loss en" by them by reason crop modual or established violation of any such laws, logistiou, indiwals, roles and rydrcment. Authorization. All ponies to this contract agree Out the rep esentativos are, in fact. bona fide and possess full and complete brihairy to bind said panics. LIMITATION OP TERMS. This Purchase Order expressly fins. acceptance to the terms and conditions sated herein set forth and any supplementary or additional lams and conditions annexed hereto or incorporated herein by reference. Any additional mr different of. and conditions proposed by seller eR objected nand hereby rdd. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately Wynn cannot make complete shipment ram above on your promised delivery terra as noted. Time is arms, essence. Delivery and performance muss be effected within the time stated on the purchase order and doe documents anacha harem. No acs of the Purchasers including, walsom limitation, acceptance of partial lam deliveries, shall operate in a waiver of this provision. In the event orally delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option coloring this order elsewhere and holding the Seller liable for damage. However, rise Seller shall out bo, cable for damages as a result of delays due to causes not reasonably fnsweable which are beyond its reasonable coatml anal without am fault of negligence, such no of God, ears afloat or military authorities, governmental foundries, Bros, strikes, flood, epidemics, was; or fiats provided Par notice of she conditions causing such delay is given to the Purolator within five (5) days of the time when the Seller first received knowledge Nerbf. In the event of any such delay, the date of del ivory shall be, extended far the period yard 1. the time actually last by reason of the delay. 3. WARRANTY. The Seller warrens flat all goods, articles, materials and work covert by this order will conform with applicable dmwings, spcciroadicas, somples anNw other descriptions given, will be fit for the purposes imbded, and performed with the highest degree of rare and competence in accordance with umpld smnduds for work of a trailed nature. The Sella out I. hold the purchaser hawless from any loss. damage a expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Sella shall replace, repo it or make good, without cost to the purchaser, any defects or fault wising within one (I ) your or within such longer Period of time as may be proscribed by law or by the teens ofany applicable warranty provided by the Seller after the date of acapmnce of the gods famished hereunder (acceptance not to be, unreasonably delayed), resulting from imperfect or defective work done or materials Submitted by the Sella. Acceptance or sex of goods by the pachuer shall not comtimre a waiver of any claim under this warranty. Except as atherwix provided in Ihis purchase order, the Sellers liability haeanda shall cxmnd 10 all damages pmaimately caused by the breach of any of the foregoing wamntim or guarantees, but such liability shall in no event include loss of profits or lass or NO IMPLIED WARRANTY OR MERCI IANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4, CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal tamd, by wnnen change order. 5. CHANGES IN COMMERCIAL TERMS. The Pumlusser may make any changes to the terms, other than legal ¢rows including additions to or deletions from the countries originally ordered in the specifications or drawings, by verbal or wrinen change order. If any such change affects the amount due or time ofperformanee hereunder, an amiable adjustment shall be made. 6. TERMINATIONS. The purchaser may at any time by women change order, maximum this agreemem as to any err all potions of the goads than not shipped subject to any yuitaMe adjustment between the parties to to any work or nationals Nei in progress provided Nat the Purchaser said not be liable for any claims fro anticipad pmfit on the uncompleted ,onion of the goods and/or work, for im'ideaml of consyucmial damages, all but no such adjustment be made in Door of the Sella with respect many goods which arm the Sellers standard stack. NO such resolution shall relieve the Purchaser or the Seller orally of their obligations as a any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim far adjustment must be assmd within fairly (30) days from the date the change or termination u ordered. S. COMPLIANCE. WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable bows and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required to elTea or evidence compliance. All laws and regulations combiner or IS, incorporated in agreements of this character are haeby incorporated herein by This referbce. The Seller agrees to indemnify and hold file Purchases harmless from all cart and damages suffered by the Purchaser as a mull 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 became due hereunder wihwt the prior wTine. ambient of the other party. 10. TITLE. The Sella watanls full. clear and demanded fide to the Purchaser for all equipment materials, and items Wooded in performance of Nutfire, Nis outerwear. aclear of any and all liens. restrictionist, reservations, sanday inrest bcmrbmOcez ad ciai en brothers. 11. NON WAIVER. Failure of the Pmchuer to insist upon sided performance of flue town and conditions hereof, failure or delay to exercise any rights or «mdies provided herein or by law, failure to promptly notify the Sella in the event of a breach, due accem. of or payment for goods herouatler or approval ofthe design, shill nor release the Seller of any ofthe warranties or obligations of this puclase order man shall not be deemed a witiver army right of the purchaser to insist upon strict perfomaantt haraofor any of its lights or remains as to any such goods, regardless of when shipped, received or accepted, in to any prior or subsequent default hereunder, nor shall any pmpaned oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller all the Puchaser recognize this in round aromatic practice, overcharges moulting from antitrust violations are in fact home by the Pmchuer. Theretofore, for good crux and as consideration fro executing this purchase order, the Seller hereby assigns to the Practical any and all claims it may now have a, hereefler acquired under federal or state antitrust laws for such overcharges relating m the Particular goods or services purchased or acquired by the Purchased pursuant In this purchase order. 13, PURCHASERS PERFORMANCE. OF SELLERS OBLIGATIONS. ILL a Purchaser directs the Seller to coned nonconforming or defective goods by a date a be agreed upon by the Purchaser and the Seller, and the Seller dimes ire indicates its inability Or unwillingness to comply, the Purchaser may cause the work a be performed by the most expeditious means available 1. i1, and the Seller shill pay all cos. associate with such work. The Seller shall release the Purchaser and its contractors of any tic, from all liability and claims of any mature resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the perry released and shall extend so the directors, oRcers ad employees coach parry. The Sellers contractual obligations, including waranty, 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 ryuired 10 use any design, device, material or process revered by letter, patent, wdemark or copyright, the Seller shall indemnify and save harmless Ne purchaser flow any and all claims for inGtngemem by reason of the use of such Tumbled design, device, material or Farm in connection with the contract, od shall indemnify the Purchaser for any earns, expense or damage which it may ho obliged m pay by reason of such infringement at any time during the proaaation 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 suit held to constimre infringemem and the use of said equipment or pan Is enjoined, the Sorer shin, at its own expanse and at its option, either procure for the Purchaser the right to continue using said appraisal or pans, replace the same with substantially equal bur noninfnnging amipmenm, or modify it so it becomes ==fringing. 15. INSOLVENCY. If the Sella shall become insolvent or Frankfurt, make an migmnem for the benefit of bo dilars, appoint a or austoo for any of the Sellers property or business, this order Only forthwith be canceled by the Purchaserwiffout liability. 16. GOVERNING LAW. The definitions art,. mad or the malformation afhe agreement all the light .fall parties hereunder shall be, wnswd water call governed by the laws of the Slide ofCaloredo, USA. The following Additional Codhiou apply only in cases where the Sella is to perfomt work hereunder, including the services of Sellers Reprcxnmmiva(s), as the premises arothers. ❑. SELLERS RESPONSIBILITY. The Seller shall carry on said walk at Sellds awn risk and the same is fully completed and codified. and shall, in ass of soy accident. destruction or injury to the work alNm nmmrials before Seller's final completion and acobwari complete the work. Sellers own expense and to the satisfaboom of the Purchaser. When materials and yumadval are finished by others for installation or erection by Ne Sella, the Sella shall receive, unload, store and handle same at tire site and become responsible thcrcfor as Though such materials and/or ampment were being fmished by the Sella wdo, the order. 18. INSURANCE. The Sella shall, at his own expense, provide for the payment of workers compensation, including Occupational disease benefit, m it employees employed on or in connection with the work covxtal by this puchax order, andor red their dePedou. in accordance with Ore less ofthe stale in which the work is to be, dare The Sena shall also wiry comprehensive general liability including, but root limited to, contractual and automobile public ltabibrY insurance with badlly injury and death limit of at least S300,000 for any one Person. 5500" 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 wntpemation and insurance, Before any of the Sellers or his contractors employees shall do any work upon the premises of others, Ne Seller shall famish the Purchaser with a certificate grow such compensation and insurance have been provided. Such wi ifiwtes shall specify the date when such compensation all insurance have been provided Such wnifwlu shall specify the date when such compensation and insurance expires. The Sella agrees that such compensation end insurance shill be moinuined mail after the entire work is completed and acceprd. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liarility for any and all damage, loss or injury of any kind or nature wharscever to persons or property caused by or resulting tram the execution ofthe work provided for in this purchms, older or in connection herewith. The Sella will indemnify and hold harmless the Purchaser and any as all of the Puchasrn officers, can. ad employees flow and agai. any and all claims losses, damages, charges or expenses, whether direct or indirect, and whether to polo as or property to which the P achuer may be put or mbjecl by reason of any act action, no,doo, omission or default on the pan of the Seller, any of has contractors, in any of the Sellers or contractors officers, agents or employees. In case any suit r other proceedings shall be brought against the Purchuey or its officers, agents or employees at any time on account or by reason of any act, action, neglect omission or defoult of the Sella of any of his mntram , or my of its or Their officers, agents err employees u aformaid, the Seller hereby agrees to usume Ne de@rsu thercof oaf to &food the same a1 No Sellers owed ammuse, as pay any and all costs, chvgos, anomcys fors uW other expenses, any and all judgmea. that may be intoned by err ebmical against to Puwhasef an any of its or thew officers, agent or employees in such suit or after pmcediags, and in case judgment or ether lien be placed upon or obtained against the property of the Purchaser, or said parties in or u a result crouch suits or other proceedings, the Seller will at once cause the same a be, dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all ward necessary for the prevention of accident comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1920 and all roles and regulations issued pursuant thereto. Revised 03I2010