HomeMy WebLinkAbout535618 LAUNCH HAUS - PURCHASE ORDER - 9141851Fort Collins
Date: 04/01/2014
Vendor: 535618
LAUNCH HAUS
2286 TRESTLE RD
FORT COLLINS CO 80525
PURCHASE ORDER
PO Number Page
9141851 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: CITY MANAGER
CITY OF FORT COLLINS
300 LAPORTE AVE
CITY HALL WEST- 1ST FLOOR
FORT COLLINS CO 80521
Delivery Date: 04/01/2014 Buyer: PAUL, GERRY
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
I EHO Grant Award Start up Week
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
5,000.00
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. COMMERCIAL DETAILS.
Tax exemptions. By emmm the City of Fort Collins is exempt from stare and local him. Our Exemption Numbs is
1 L NON WAIVER.
98-04502. Federal Excise Tax Exemption CMifiamn, of Registry g4-6000587 u logisticred with the Coll,O., of
Failure of the porchrer to insist upon short abnormal, of the tcma and conditiom hereof. failure or delay to
Inremxl Revenue, Denver, Colorado (Ref Colorado Revised Smtuten 1973. Chapter 39-26,114 (a).
extamiar any rights or remedies provided herein or by law, failure to promptly notify the Sella in the event of a
breach fe amamwe ofar paymtant fat goods hemandor or apPwa al offt design, shall not not. the Seller hf
Goads R jeered. GOODS REJECTED due to failure to mod Marifiwtioue, either when shipped or due to defects of
any of the wamnlit or obligations of this purchase order and shall not be dremed a waiver of any right of the
damage in transit, may be rammed to you for credit and an, not to be replaced except upon receipt of written
purchaser to insist upon strict performance harnfor any of its rights or remedies as to any such goods, regardless
instructions from the City of Fan Collins.
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any imported
am[ modification or mchown of this pureham order by the Purdsom operate as a waiver of any of the teats
Inspection. GOODS are subject to the City of Fart Collins inspection on anivaL
bercof.
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can reult in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorixed payment on the part of the City of Fan Collins. However, it is to be understood that FINAL
Sella and the Purchaser m agave that in actual economic practice, overcharges mulling from antitrust
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this
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.B., City of Fart Collins, 700 Wand St. Too Collins, CO 80522, unless
acquired under federal or sate antitrust laws for such overcharges nothing m the particular goods or services
otherwise specified on this order. lf'smission is give. to Prepay freight and charge separately, the original freight
porcbaaed or coup ird by fe Purchaser pursmnt to Nis purchase ordm
bill most accompany invoion. Additional charges for Tacking will riot be accepted.
IJ. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
have is
Shipmentrom xce in vanouwpans
tocunecrnonconforming or defective sbya dategness to beagreed upon bythe
thce.Wheremanufacwrtrs ethemuNry,shipment
expected from the nearest distribution point to destination, end excess freight will be deducted from Invoice when
desiination,and
and theSllsfedeher
or un as to comply, the Purchaser
Purchaser and the Seller, and the Seller its inability or
Purchaser
to
shipments are made from greater distance.
available it,
any cause the work m be performed by the most expeditious means erailable ,o it, and the Shca shall pay all
ythe most expeditions
costs associated with such work.
P Seller shall prornrt ulnas sole cost all necessary permits, and licenses required all
w
m and toles anima, municipality, rcrti in political subdivision where
,climb y, Runway
applicable lases, rered,
The Seller shall relwse thrc Pe and its contractors of any tier fimm all liabiliry sad claims of any metre
tons, wined by duty authority on over 0e work
having ainst
the work is pelerfurt, or required by any other duly constituted public euthoriryand
of such
resulting fmm the Performance of such work.
all and loss
vendor. Seller Tura agrees to hold the City Collins harmless fmm and against all
habiliry
li hed
in .red by them by reason of rat asserted m established violation of any such lases, regulations, uNinunces, toles
This release shall apply even the event of fault of negligence of the patty released and shall extend to the
and sequircmenu.
Of e
director, Officers and employees attach Patsy.
Aunhot ration. All parties to this contract agree that the representatives sure, in fact, bona fide and possess full and
complete authority to bind said pvtirs.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated
herein set fimh and any supplementary or additional moms and canditions annexed health or incorporated herein by
reference. Any additional or dl,Terent terms and cunditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou carumt make complete shipment to arrive on your
promised delivery date as noted. Time is of the instance. Delivery, and performance most be effected within the time
stated on the purchase order and the documents htachN hereto. No acts of the Purchasers including, without
limitation, acceptance cf partial late deliveries, shall Mind, as a waiver of this provision. In the ,at, of any delay,
Ne Purchaser shall have, in addition to other, 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 as a result of delays
due to causes not reasonably f enable which art beyond its reasonable control and without its fault of negligence,
such acts of Gad, sera of civil or military autMritia, governmental pnonfxt, lens, strikes, flood, epidemics, wars m
now provided that notice of the conditions causing such delay is given to the Porchasa 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 far the period out to the time actually last by to. of the delay.
3. WARRANTY.
The Seller wamuts that all goods, articles, mammals and work covered by Nis older will conform with applicable
Nnw,on, specifications, samples and/., infer drscriptions given, will be fit for the pugrous intended, it
performed with the highest degree of care and competence, in accordance with accepted smndar it for work of a
mils nature. The Seller agrees to hold the purchaser harmless from any lass, damage or expense which fe
Purchaser may suffer or incur on account of the Sellers breach of wamanry. The Seller shall replace, mpair or make
good, without cost to the purchase,, any defrers hr faults tensing within one (1) year or within such longer period of
time as maybe prescribed by law or by the terms ofany applicable sunray provided by the Seller after the date of
acceptance of the goods famished thermoset (acceptance not to be unre orcably delayed), resulting form imperlxt
or defective work done or materials f ishN by the Seller Acceptance or use of goads by the Purchaser shall oat
constitute a waiver of any claim under this wamny. Except as of fins, provided In this purchase color, the Sellers
liabiliry hereunder shell exend to all damages proximately caused by the breach of my of the foregoing wamnties
or guarantees, but such liabiliry shall in an event include loss of profim or lass of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The purehuer may make changes to legal teats by wnnen change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the motors, other than legal terms, including additions toter deletions from
the quantities originally ordered in the specifications or drewings, by verbal or written change order. If any such
Orange affects the amour, due or the time af,rafomence, hereunder, an Nuiable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by wren change older, terminate this agreement as to any or all protons of the
goods then not shipped, subject to any equitable adjustment between the parries w to any work or materials then in
progress provided fa, fe Purchaser shall no, be liable for any claims fur anticipated profis on the uncompleted
portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in
favm of the Sella with respect to my good which are the Sellers standard stock. No such termination shall relieve
fe Punctuator or the Seller ofmy of their obligations as to my goad delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be asserted within thirty (30) days from the date the change or lamination is
unload.
8. COMPLIANCE WITH LAW.
The Sella wamnts that all good sold hereunder shall have been produced, sold, delivered and fmisbed in strict
compliance with all applicable laws and regulations to which the good arc subject The Sella shall estate and
deliver such documents as may be national to effrd ter evidence compliance. All laws and regulations amount to be
nonfi omted in agreements of this chamber art hereby incorporated herein by this narretwo The Seller has to
indemnify Mid hold the Purchaser harmless from all cnsts and damagt suffered by the Purchaser as a much of the
Sella failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, mnsfer, or money this order, or my monies due or to become due hereunder without the
prior wriurn consent of the other parry.
10. TITLE,
The Seller wmmnts full, clear and armarined title to the Purchaser far all equipntm,, materials, and it. finished
in perfummce of this agreement f aM cleat of any and all liens, attric ions, reservations, securiry interest
encumbrmca and claims af.thers.
The Sellers communist obligations, including warranty, shall not be droned to be reduced, in my way, because
such work is performed or caused I. be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, material or process covered by lever, patent, trademark
or copyright, fe Seller shall indemnify and save hamless the Purchaser from any and all claims for inhingemed
by reason of the use of such patented design, device, material or process in comeshom with the contract, and
shall indemnify the Porchasa for any cost, expense or damage which it may be obliged m pay by reason of,.h
infro,s mr at any time during the panoramas or after the completion of ft work. In case said uluipment, or
any pan thereof or the intended use of the goals, is in such suit held to com itom infiingemetn and the us, of
said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure far the
Purchaser the right to continue using said equipment or pans, replaw the same with substantially equal bat
mainGnging equipment, or modify it so it becomes honinfringing.
15. INSOLVENCY.
If the Sella shall became insolvents or bankmpt, make an assignment for the benefit of stations, appoint a
oseiver m mtsree far any of the Sellers ...petty or business, this order may forthwith be canceled by the
purchaser without liability.
16. GOVERNING LAW.
The definitions of.. used or the in,eryremnon of fe agreement and the rights of dl parties hereunder shall be
comwed coda and governed by the laws offe State of Colorado, USA.
The following Additional Conditions apply only in cases where the Sella is to perform work hareavda,
including the services of Sellers Reprcsemative(s), on the promises ofhthers.
17. SELLERS RESPONSIBILITY.
The Seller shall carry an said work at Sellers own risk =it the more is fully completed and accepted, and shall,
in case of soy accident, destruction or injury to fe work and/or materials before Sellers final completion Most
mcepmme, complete the work at Sellers own expense and to fc satisfaction of the Purchaser. W om materials
and equipment an famished by others for installation or erection by the Sella, the Seller shall Wave, uNoad,
store and handle same at the site and become responsible therefor as though such materials unfair equipment
were being famished by the Seller under fe olds.
I& INSURANCE.
The Sella shall, at has own espouse, provide far Ore paymrnt of workers a mperuation, including oovpational
disease benefits, to its employees employed on or in connection with the work covered by this parchaw, order,
and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller
shall also cart, comprehensive geneal liability including, but not limited to, com actual and automobile public
liabiliry insurance with bodily injury and deah limits of at least S300,000 for my one person, S500,000 for any
orm acrident and property damage limit per accident of S400,000. The Shce, shall likewise "arm his
commasars, if any, to provide for such ..,.a. end insurance. Before any of the Sellers or his contractors
mployas shall do any work upon the premiss of otbers, the Seller shall famish the Purchaser with a certificate
that such compensation and mourdnce have hem provided. Such cenificatea shall specify doe date when such
mpensation and insurance have been provided. Such certificates shall specify the date when such compensation
and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby.. the main, mpomibiliy surd liability for my and ell damage, 1. or injury ofmy kind
or nature whatsocver to pawns or property caused by or stalling from the execution offe work pmsirhd for in
this purchase older or in connection herewith. The Seller will indemnify and hold hamless the Purchaser and any
r all of the Franchisers idi imm, agents and employees from end against any and all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether to parmas or property to which the purchaser may
be put or subject by reason of any act, action, neglect, omission or default an the pan of Ne Seller, my of his
contrecton, or my of the Sellers or contractors officers, agents or emplo mrs. In case my suit or other
proceedings shall be brought against the Purchases, or its officers, agents or employees at any time on account Or
by ¢son of my act, action, neglect, omission or default of the Sella of my 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 sane at the Sellers own expense, to pay any and all casts, charges, attorneys fees and other expenses,
any and all judgments fat my be incurred by or obtained against the Purchaser or any of its or their officers,
agents or employees in such suits or other proceedings, mJ in rase judgment or other lien be placed upon or
obtained against file property offe purchaa, or said parries in or as a res.1, afiamb suits or other proceedings,
the Seller will at once chase the same to be doralved and discharged by giving both or oferviss. The Sella and
his Comm urns shall rake all mdury precautions, famish end ilumll all gaols necessary for fe ptevention of
accidents, comply with all laws and regulations with regard to safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all rules and regulations issued purstant thereto.
Revised 03nO10