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HomeMy WebLinkAbout524152 THE RE-COVERY UPHOLSTERY - PURCHASE ORDER - 9142214PO PURCHASE ORDER 914221er Page City. of PURCHASE 9142214 102 Flirt CollinsCThis number must appear ,�—J`"' " on all invoices, packing sli s and labels. Date: 04/21/2014 Vendor: 524152 THE RE-COVERY UPHOLSTERY 3516 S MASON ST #3 FORT COLLINS CO 80525 Ship To: PUBLIC LIBRARY (MAIN) 201 PETERSON ST FORT COLLINS CO 80524-2990 Delivery Date: 04/18/2014 Buyer: DAVID CAREY Note: Line Description Quantity UOM Unit Price Extended Ordered Price t Reupholstery Services Swing Desk Chairs 1 LOT LS Quantity: Four (4) Chairs w/ Square Back Four (4) Chairs w/ Cap Arm Per Quote dated 04/11/14. Includes: Labor, Fabric, Pick -Up and Delivery to Council Tree Library. 4,376.00 2 Reupholstery Services 1 LOT LS 3,967.00 Roll Arm Chairs & Window Seats Quantites: Four (4)Roll Arm Chairs Three (3) Window Seats Per Quote dated 04/11/14. Includes: Labor. Fabric. Pick-Uo and Delivery to Council Tree Library. 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.wm Total $8,343.00 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 exershime,BystaWte the City of Fog Collins is exempt from state and lard taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is regismred wilh the Collector of Failure of the Purchaser to insist upon strict performance of the teens and conditions hereof, failme or delay to Integral Revenue, Denver, Colorado (Ref. Colorado Revised So mms 1973. Chapter, 39-26, 114 (a), exercise any rights or remedies pmsided herein or by law, failure m pmmpRy notify he Seller in me coed of a breach, the acceptance of or payment for goods hereunder at approval of me design, shall not release the Sella, of Gaods Rejected GOODS REJECTED due to failing, to mad specifications, either when shipped or due to defects of any of the wanadies or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be rdumed to you for credit and arc at to be replaced except upon receipt of written Parchmser to insist upon strict performance hereof or any of its rights orrannall as to any such goods, regardless instructions from the City of Fog Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oml connotation or rescission of this purchase order by be purchaser operate as a waiver of any of me terms Inspection. GOODS am subjection me City of Fog Calif. impeetum on am,al. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the and of the City of Fog Calif.. However, it is to be understood that FINAL Seller and the Purchaser ranging, that in actual ec is practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection proudurw. violations are in fact home by the Purchmer. Theretofore, forr good cams, and as mnsidermon for executing this purchase order, be Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terror. Shipments must be F.O.B., City of Fog Collins, IN Wood St., Fog Collins, CO 80522, unless acquired under federal or sate antitrust laws for such overcharges relating to the particular good or waims otherwise specified on this order. if parnisslon is given to prepay freight end charge separately, the anginal freight purchased or acquired by the Porchwer Rursaag to this pmchas order. bill most accompany invoice. Additional frgw for taking will nod be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Didence.PTere mrgumbegaers have distributing Prior. in various pans of he country, shipment is II'me Purchase, directs the Sellerm.. nonconforming or defective goods by a dale to be agreed up on by be expected Imo me former distribution point to destination, and excess freight will ho deducted from Immice when Purchadom and the Sella, and me Sella mnwRer indicates its inability or unwillingness on comply, be Purchaser shipments are made from greeter d'aantt, may cause be work to be performed by the and expeditions mead mailable to it, and the Seller she11 pay all rusts associmad wins such work. Permits. Seller shill procure at sellers sole cost all meesary permits, emifatw and licanw required by all applicable laws, mgulatiom, mi irances and roles of the sate. municipality, granary or political subdivision where be woh is performed, or required by any other duly constituted public amhori y havingjurisdiction over the work of vendor. Seller fuller .grew to hold the City of Fog Collins hoomlaw from and against all liability and 1. neural by them by reason after wsmed or established violation of=y such laws, regulations, ordingum, miss and requirements. The Seller shall reline me Purchaser coral its contactors of any tier from all liability road claims of any wane trading from the performance attach work. This releae shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officer, and employms ofsuch pagy. Authoriag im, All mi. to this contact agree that the re,asenative, arc, in fact bona file red possess full and The Sellers contractual obligation, including warranty, shall not ho deemed to be reduced, in any way, b acme complee authority to bind said Dies. such work is performed or caused to be performed by the Purchaser. LIMITATION OF TERMS, This Purchase Order expressly limits all. to the moss aural conditions sand herein ten fall and any supplementary or additional Terms and candlimss vmexed harem or incorporated herein by reference. Any additional or differed morn and mndifom proposed by seller art objecled to and hereby leaned. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immedianely if you among make complee ship ram to arrive on your promised delivery dam w mend Toaster of the essence. Delivery and performance must be eReded within the rime stated on the pmcluwe agree seal the documenm coached hereto. No acts of me Portion. Retailing, withom hinuation, rommance ofpartial late deliveries, shall made as a waiver ofthis provision. In the and of any delay, the Purthsser shall have, in addition to other legal and equitable mmdics, me option of placing this order elwwhem and holding the Sella liable for damages, However the Sella, shall not be, liable far damages as a result of delays due to causes not reasonably foreseeable which ens beyond its ¢atonable control am without its fault of negligence, such erns afGod acts ofeivil or military, .nth ndies, governmental pr urines, fires, strikes, Rood epidemics, wars or nos provided that notice of me condition cawing such delay 6 given to the Purchaser within Five (5) days of the time when the Seller fins received knowledge mermf. In the event of any such delay, the dam of delivery shall be extended for the period equal to be time actually lost by nation ofthe delay. 3. WARRANTY. The Seller warrens mar all good, articles, materials and work covered by this order will conform with applicable dawings, spenfiatiom, samples maker other descriptions given, will be Fit for the purposes intended, and performed with me highest degme of care and competence in accordance with accepted standard for work of a ionch r nature. The Seller agrees in hold the purchaser ham,lca from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of amnesty. the Seller shall replace, repair or make good, without two to the purchaser, any defects or faults arising within one (I) year or within such longer period of time w may be prescribed by law or by me terms of=y applicable wananry provided by the Seller after the data of acceptance of the goad Fumished hereunder (acceptance not to b< unreasambly delayed), resulting from imperfect or defective work done or materials famished by the Seller. Accepanee or use of good by the Purchaser shall not cowtimm a waiver ofany claim under this wananty. Except as mher v. provided in this purdwse order, the Sellers liability hereunder shall extend to all damages proximally caused by the breach of any of the foregoing warranties or guarantee , but such liability shall in no event include loss of profits 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 arms by wdgen change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the mraw,,a or than lebnl arm; including addi lions to or deletion, From the quantities originally ordered in the specifications or drawings, by verbal ar antler change order. If any such change affects the amount due or the time apafonnnnce hereunder, ern equitable ah usbnenl shall be made. 6. TERMINATIONS. The Purehwer may at any time by written change order, marinate this agreement as to any or all famous of the good men in, shipped, subject to any equitable adjustment between the panics as to any work or materials then in progress provided that the Purchaser shall non be liable for any claims for anticipated profs on the uncompleted Japan ofthe good and/or work, for incidenal or consequential damages, and that no such adjustment be made in favor of the Seller with respect m any goods which are the Sellers sandard stuck. No such graduation shall relieve the Purchaser or the Seller ofany of their obligations u to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be managed within thirty (30) dye from the dam the change or temtion im is ordered. 8. COMPLIANCE WITH LAN'. The Seller warrants tom all goad sold hereunder shall have ban produced, sold, delivered and burnished in short compliance with all applicable laws and regulations to which the good are subject. The Seller shall execute and deliver such doaments as may be required to effect or evidence compliance. All laws and regulations required to be monolingual in agreements ofthis character me hereby incoryommd herein by this officiate. The Seller agrees to indemnify and hold me Purchaser lograves from all costs and damages suffered by the Purchwer w a result of the Sellers failme to comply wins such law. 9. ASSIGNMENT. Neither party shall resign, transfer, or convey this order, or any mantes due or to Isao ve due hereunder without me prior Wigan consmu of me omen party. 10. TITLE. The Seller wanrnts full, dear and aornmored fide to me Purchaser for all aimp ugh, materials, and in. fgnishcd in per. once of this agraerxnt fine and clam of any and all liens, restrictions, sawasolifns, readily formed encumbancw and claims o f others. IT PATENTS. Whenever the Seller is required to we any design, device, oranev d or process covered by lever, parrot, trademark or copyright. the Seller shall indemnify and save harmlew the Purchaser from any all all claims for infringement by reason of me use of such patented design, device, material or Process in connection with me matron, and shall indemnify the Porchaef fro any and, expense or damage which n may be obliged m Pay by room. of,mch infringement at any time during the prosecution or after be completion of be work. In cars, said equipment, or any pan mortar or me intended arse of me good, w in such suit held in constitute infringement and me use of said equipment or pan is enjoined, be Seller shill, at its own expense and at its option, either procure for be Purchaser be right to continue ding said equipment or puts, replan the scone with substantially and bud mninfnnging equipment, or modify it a it becomes noninfn'nging. 15. INSOLVENCY. If be Seller shall became insolvent or bankrupt, make an assigmmor for be benefit of creditors, appoint a receiver m m me for any of the Sellers property or business, this order may foghwith be canceled by me Pasha without liability. 16. GOVERNING LAW. The defnitiom of temu used or be idcrpmation afore agreement and be rights ofall parties hereunder shall be construed under and govemed by me laws ofthe State ofC.I ado, USA. The following Additional Conditions apply only in eases where the Sella is to perform work hereunder, including the services of Sellers Represenative(s), on me premises aCmwjn. IT SELLERS RESPONSIBILITY. The Seller shall carry, on said work at Seller's own risk until be same is Fully completed and accepted, and shall, in arse of any accident, destruction or injury to the work output materials before Sellers fiml completion and acceptance, complete be work at Seller's own expense and to the satisfaction of the Pmekaer. When materials and equipment we famished by others for instillation or erection by the Seller, the Sella shall receive, =load, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. I B. INSURANCE. The Seller shall, at his own expense, provide for the paymmr of workers compensation, including occupational disease benefits, to its employees employed on or in correction with the work covered by this purchase order, ankor to their dependents in accordance with the laws of the sate in which the work is to be done. The Seller shall also can, comprehensive general liability including, but not limited 0. contractual and automobile public liability insurance with bodily injury and death limits of at Icwr S300,000 for any one person, $500,000 for any accident and property damage limit per accident of $400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and instance. Before any of the Sellas or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Parchwer with a certificate that such compensation and InsumnOc have been provided Such conibwtw shall specify the date when such compensation and insurance have been provided. Such cedificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compesation and insurance shall be maintained until offs he suite work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind or nature whaao ner to persons or property caused by or resulting from the exemrion of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless me Purchaser and any r all of the Purchwers officers, agents and emple,m frvm and against any and all claims, losses, damages, charges or expenses. whether direct or indirect, and whether to persons or property to which me Purchaser may be put or subject by reason of any act, action, ruder, omission or default on the part of the Seller, any of his mmmcmrs, or any of the Sellers or contractors officers, agents or employees. In cose, any suit or offer proceedings shall be brought against me Producer, or its officers, .gam or empl,me at any time on accost or by reason of any act, action, neglect, omission or default of be Sella of my of his contractors or any of its m their officers, agents or employees as training, be Seller hereby agrees m resume me defense thereof and to defend the same in the Sellers awn expense, on pay any and all costs, claims, ammrys fws and other expenses, any and all judgmenbs that may be incurred by or obtained against the Pmchasa or any of its or fair officers, agents or employces in such mice or other proceedings, and m case judgment or other lien be placed upon or obtained against be pmperry, of the Purchaser, or said parties in or as a result of such erica or other proceedings, the Seller will at once cause me some on be dissolved and discharged by giving bond or otherwise. The Seller and his contactors shall coke all safety paautio a, Imish and install all geared amwary for me prevention of accidents, comply with all laws all regulations with regard m afely including, but without huniation, be Occupational Safety and Halm Aan of 1970 and all wiles and regulations issued program memo. Revised 0312010