Loading...
HomeMy WebLinkAbout535541 BC OFFICE INTERIORS - PURCHASE ORDER - 9141932Fort Collins Date: 04/07/2014 Vendor: 535541 BC OFFICE INTERIORS 3800 WEICKER DR UNIT 3 FORT COLLINS CO 80524 PURCHASE ORDER PO Number Page 9141932 1e12 This number must appear on all invoices, packing sli s and labels. Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS CO 80521 Delivery Date: 04/04/2014 Buyer: DAVID CAREY Note Line Description Quantity Ordered UOM Unit Price Extended Price Senior Center - Furniture Per bid #7604 dated 3/20/14 1 LOT LS 50,589.26 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 I. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Crrtihcate of Registry 84 6000587 is regismred with the Collector of Internal Revenue, Denver Colorado (Ref. Colorado Revised Stamens 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to future to meet specifications, either when shipped or due to defects of damage in transit may be returned to you for credit and art not to he replaced except upon receipt of written indications from the City of Fort Collins. Inspection. GOODS are subject to the City effort Collins inspection on radical. Final Acceptance. Receipt of the merrhmtdiu, sedge. or equlpmcm in response ro this order gain length in authored payment on the pan of the City of Fon Collins. However, it is m he understood Char FINAL ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. Freight Terms. Shipments must be FOM., City of Fon Collins, 700 Wood St., Fan Collins, CO 80522, unless otherwise specified on this order. Upermission is given to prepay freight and charge satummly, the original freight bill most accompany, invoice. Additional charges for Parking will net he azcener. Shipment Distance. Where manufacturers have distributing Points in vicarrimis pans of the coanlry, shipment is expected fmm We nearest distribution point go distinction, and excess freight will be dductd from Invoice when shippa n a me monk from greater distance. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance 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 a breach the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser o insist upon suict pert arm hereof or any of its rights or remedies as to any such good, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported and modification or rescission of this purchase order by the Pu¢baer operate is a waiver of any of the seems hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges Mullin, from antitrust violations are in fact borne by rise Purchaser. Therdoforefor good cause and as consideration for executing this purchase order, the Seller hereby assi,n to the Purchoser any and all claims it may now have or hereaner acquired under (deal or sum antitrust laws for such overvicar s relining to the particular goods or servicing Purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe purchaser directs the Seller to correct ronconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller WereeRer indicates its inability or unwillingness to comply, the Purchaser may cause the walk m be performed by We mans, expeditious means mailable to it, and the Seller shall pay all costs associmed with such ww& Pemdts. Seller shall pmcme at sellers sole cast all mesene,, pemtits, certificates and licenses required by all applicable lax,, regulations, ordimvnces and tales of the stam, municipality, mnrimry or Polirical subdivision where the work is Performed, or required by any other duly encouraged public amhonty havingpnsdiction over the work of manor. Seller further agrees m hold the City of Fon Collins harmless from and against all liability, and loss ncmted by them by reason of an assured or established violation of my such laws, regulatioms, ordinances, mles and requirements. Autbodvtion. All parties Ir IN, contact agree Ihot the repressmmiver me, in (sL bona fide and possess full and complete authority to bind said panic. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and simulations stated herein set forth and any supplementary or additional moon and conditions annexed herein or incorporated herein by reference. Any additional or differing terms and coMitioas proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immdiaely if you cannot make complete shipment I. arrive on your promised delivery dam as noted, Time is of the essence Delivery and performance no be cfle<md within the lime stated on the purchase order and the documents mooched herem. No acts of the Purchasers including, will limitation, acceptance of radial late del ocdms, shall operate as a waiver of this provision. In the evenl of any delay, the Pumbasen shall have, in addition to robin legal and equitable remedies, the option of placing this order elsewhere end holding the Seller liable for damages. Framers, the Seller shall not be liable for damages as a result Of delays due to causes not reasonably foreseeable which are beyond its reasonable central and wilbout its [.air of negligence, such acts Of Gad, is rf civil or milimry auth ni ies, gm emmenial priorities, fires, stdkes, food, epidemics, wads or dots provided that notice of the condemns causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thmeuf. In the event crony such delay, the date of Activity shall be extended for the period equal to the lime netunl ly lost by mason of the delay. 3. WARRANTY. The Seller warrants that all goods, anleles, materials and work covered by this Order will conf ami with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended and perfom ed with the highest degree of mre and competence in accordance with accepted standards for work Of a similar nature. The Seller agrees to hold the purchaser harmless from any lass, damage or expense which the Purchaser may suffer or incite on account ofthe Sellers breach of wommry. The Seller shall replace, repair Or make goad, without cost to the purchasrm any Mfecu or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms ofany applicable warranty provided by the Seller after the date of cceptance ofthe goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seiler. Acceptance or use of goods by the Purchaser shall not oration, a waiver Orion, claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach crony of the foregoing watanties or guarantees, but such liability shall in no event include loss organics or loss of use. NO IMPLIED WARRANT OR MERCHANTABILITY OR OP 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 Pumhnemay make any changes to the more, office than legal tears, including magnums on deletions from the quantities originally ordered in the specifications or drawings, by serhel or written change order. If any such change affects the amount due or the time of pert rmance hereunder, an equitable mljustment shall he made. 6. TERMINATIONS. The Purchaser may many time by winning change Oder, terminate this aglecmem as Ir any or all portion of the goods Wen not shipped, subject to any equitable adjustment hetween the parries as Ir any work or m derid, then in progress provided flat the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted Portion of Ihe goods anrpor work, for incidental or coruequentixl damages, and that no such adjustment be made in favor of the Seller with respect to any goods which arc the Sellers standard slack. No such mmnimvtion shall relieve We Purchaser or the Seiler ofany of Weir obligations as to any goals delivered hereander. 7. CLAIMS FOR ADJUSTMENT. Any claim for adltestmmt maul he essened within thirty (30) days floor he am the change or temdnatlon is ordered. S. COMPLIANCE WITH LAW. The Seller warrants Oat all goods sold hereueder shall have been produced, sold, delivered and fllmishd in strct compliance with all applicable laws and mgulalimtr to which the goods art subject. The Seller shall execute and deliver such documents as may br required to effect or evidence compliance. All laws and regulations required to be ncoryoated in agreements of this diameter me hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless fmm all coast and amages suffered by the Purchaser as a result of the Sellers failure a comply with such law. 9. ASSIGNMENT. Neither party shall assign, tansfc, or convey this order, or any monies due or to became due hereunder without the prior wduen.,a., ofrhe order burry. 10. TITLE. The Seller warrants full, clear and unrestricted Lille to the Purchaser for all equipment. materials, and items famished in performance of this agreement, free and clear of any and all liens, restrictions, reacrvations, sound, interest encumbrances and claims ofifin rs. The Seller shall release We Purchaser and its rontrdemrs of any tier frmn all liability and claims of any mature resulting lions the Performance ofsuch work. This relmse shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, oRcers and employees ofsuch parry. The Seller's contractual obligations, including warranty, shall not he domed to be reduced, in any way, because such work is performed or Caused go, be peribrmd by the Purchaser. 14. PATENTS. Whenever the Seller is required I. use any design, device, material or process covered by leaser, Pascal, trademark so copyright the Seller shall indenmify and save hamtless the Purchaser from any and all claims for infringement by nmron of the use of such patented design, device, material or process in connection with the contact, and shall indemnify the Purchaser for any cast, expense or damage which it may br obliged to pry by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any part thereof or the intended use of the goads, 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 High, m mminue using said equipment or pans, replace Ore same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15.MSOLVENCY. If the Seller shall become inolvem or bankrupt. make an aseignmmt fin, the benefit of creditors, appoint a or truutee for any of tehSellers property or business, this ode, may forthwith be canccld by the Purchaser without liability, 16. GOVERNING LAW. The definition of terns used or the in cramolorn of the agreement and the rights of at l palsies hereunder shall be remained trade, and formed by the laws of the Slate of Colorado, USA The following Additional Conditions apply Only in where the Seller is to perform work hereunder, ses including the cervices of Sellers Representative(s), on the premises ofollar,, 17. SELLERS RESPONSIBILITY. The Seller shall canny on said work at Sellefs vandals until the same is folly completed and accepted, and shall, in x of any accident, decnuction or injury to the work and/or materials before Sellefs final completion and cremmine. complete the work at Sellefs own expense and to the satisfaction of the Purchaser. When mmedals and equipment arc famished by others for installation Or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such mamnals unfair equipment wart being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compaesation, including Occupational disease benefits, in its employees employed 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 be done. The Seller shall also cony comprehensive general liability including, but not limited to, contactual ad automobile public liability insurance with bodily injury ad death limits of at least 53W.W for my one person, $5O0,tgd for any me accident and properly damage limit per accident of S403,O0O. The Seller shall likewise require his coutaeron, if any, to provide for such compensation and insurance. Before any of the Sellers or his contactors employes shall do any work upon the premises of others, the Seller slung famish the Pumhnser with a eradicate that such compusatinn and iusuranre live been provided. Such eertificare, shall specify the date when such mmpereation and insurance have been provided. Such certificate, shall specify the date when such compensation and insurance expires. The Seller agrees that such compersution ard insurance shall he maintained until after the entire work 6 completed and accepted 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the in, responsibility and liability for tiny and all damage, loss m injury of any kind thore whatsoever to persons or proPorryus caused by or resulting main me execution orthe work provided for in is purchase under or in connection herewith. The Seller win indemnify and Hold hanni the Purchaser and any r all of the Purchasers officers, agents and employees fmm and against any and all claims, losses, damages, chargers or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may he put or subject by reason or my act action, neglect, omission or default on the part of the Seller, any of his commmors, or any of the Sellers or contracaors officers, agents or employees. In One my suit or other proceedings dial he brought against the gathering, or its officers, agents or employers at any time on account or by eeawu of any act action, neglect, omission or default of the Seller of my of his contractors or any of i,a or their officers, aged¢ or employees as aforesaid, We Seller hereby agrees to assume the defense thereof and to afed the same at the Sellers own expense, to pay any and all costs, charges, anrmeys fees ard other expenses, any and all judgments fail may be ireartd by or obtained against the Purchaser or any of its or their oOicers. agents or employees in such suits or other proceedings, and in cast judgmen, or other lien be placed upon or obtained eggplant the property arrive Purchaser, or said parties in or as a result of such suits or other proceedings. the Seller will at once aloe the same to he dissolved ad discharged by giving bond or otherwise. The Seller and his commerce, shall take all safety accoutiod, famish and immll all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Ali, of 1970 and all roles and regulations issue pursttanl thereto. Revised 03Q010