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HomeMy WebLinkAbout504665 JENNIFER IVANOVIC - PURCHASE ORDER - 9142324City of vFort Collins Date: 04/25/2014 Vendor: 504665 JENNIFER IVANOVIC 5133 STAR DUST LANE FORT COLLINS CO 80528 PO Number Page 9142324 1 of 2 This number must appear on all invoices, packing slips and labels. Ship To: LINCOLN CENTER CITY OF FORT COLLINS 417 W MAGNOLIA FORT COLLINS CO 80521 Delivery Date: 04/25/2014 Buyer: PAUL, GERRY Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 APP-Transformer Cabinet 2014 ,'ln ':il P,4 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 E3*1NO 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 statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-W502. Federal Excise Tax Exemption Cmificate of Registry, 84-6000582 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-24 114 (a), exercise any rights or remedies provided herein or by law, failure to promptly notify Ore 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 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 this purchase order and shall not be deemed a waiver of my right of the damage in transit, may be rammed to you for credit and we not to be replaced except upon receipt of women Purchaser to insist upon strict parformans, hereof or my of ill rights or remedies az to my such goods, regardless nomination, from the City effort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall my purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of my of the temp Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, service s or equipment in response to this order can result in 12, ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of FortCollins. However, it is to be understood that FINAL Seller and the Purchases recognize that in ward a is pramim, accordance, ce, resulting from mtimmst ACCEPTANCE is dependent uponom eplelinhof all applicable required inspection procedures, violations are in fact home by the Purchaser. Theretofare,nforr good cause and as consideration for executing Otis purchase order, the Seller hereby assigns to the Purchaser any and all claims n may now have or hereafter Fmi,ht Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St, Fort Collins, CO 80522, unless acquired under federal or state on itrusl laws for such overcharges relating to the particular goods or services otherwise specified on this ordeC If permission is given to prepay freight and charge separately, the original freight purhhased or arquir d by the Purchaser pursuant to this purchase order. bill most accomono invoice. Additional eharess for n ralcom will not be acre ac& Shipment Distance. Where manufacturers have disrtibuting points w various parts of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deduclud from Invoice when shipments are made Gom great, distance. Permits Seller shall pnowas at sellers sale cast all me ,wary permits, cenificmes and licenses required by all applicable laws, regulations, ordinances and role, efthe state, municipality, terilory of political subdivision where the work is performed, or required by my other duly constituted public authority having jurisdiction over the work of vendor. Seller fuller agrees m hold the City of Fort Collins harmless from and against all liability and loss andurted by them by reusm of an asserted or established violation of any such Iuws, regulations, offinaoces, roles requirements. Au0arixti ion. All parties to this wmraG agree that the representatives are, in fact, bona fide and possess fall and complete mfficany to bind said parties. LIMITATION OF TERMS This Purchase Offer cxprcasly limits acceptance 1. the temp and coalitions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE, PURCHASING AGENT immediately Utica around make complete shipment I arrive on your promised delivery date az noted Time is of the essence. Delivery and perf or anw must be effected within the lime staled on the purchase order and the documents attached hereto. No ae¢ of the Purchasers including, without limitation, acceptance of partial late delivence, shall operate as a waiver of this provision. In the event of any delay, the 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 ex a result of delays due to causes not reasonably foreseeable which are beyond its mi mtable control and without its fault of negligence, such acts of God, acts of civil or military, authorities, govemmenal priorities, fires, strikes, flood, epidemics, wars or hots provided that notice of the conditions cousin, such delay is given to the Purchase, within five (5) days of the time when the Seller first received know [edge thereof. In the event of any such delay, the data of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will southern with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless Gom my loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty The Seller shall replace, repair or make good without cost to the purchase, any defects or faults arising within one (1) year or within such longer peried of time as may lee presmbed by law or by the soma of my applicable warranty provided by life Seiler after the date of acceptance of the goods famished hereunder (aamptanee not to be unreasonably delayed), resulting Gam imperfect or defective work done or materials f ished by she Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of my 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 of any of the fregoing warranties or guarantees, 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 Purchase, may make shop,. to legal teems by wrinm change aid,. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms. other than legal temp, including additions to or delctions from the quantities originally ordered in the specifications or drawings, by venial or written change order. If any such change affects the common due or the time ofperfmmauce hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change orate, terminate this mwinew as to any or all Poons of the goods then of shipped, subject to any equitable adjustment Fellow, the parties rti as to my work or materials then in progress provided that the Purchaser shall not be liable for my claims for anticipated profits oa the uncompleted portion office goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller ofany of their obligations as to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from Me date the change or remrinaticn is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in mitt omphance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may b, required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby ioorpomicd herein by this reference. The Seller agrees to indemnify and hold the Purchases harmless from all coats and damages suffered by the Purchas, as a result of the Sellers failure to comply with such In. 9. ASSIGNMENT. Neither pany shall assign, rmtlsfe, or convey this order, or any monies due or to become due hereunder without the prior women consent hfthe other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, matmak, and items famished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser direct, the Seller to correct opereaft racing or defective goats by a date to be agreed upon by the Purchases and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Pamperer may cause the work to be perfomred by the most expeditious means available to it, and the Seller shall pay all coats asocinted with such wear. The Seller shall release the Purchaser and its contractors of any he, from all liability unit claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, officers and employers wfmah parr. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchas,. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark copyright, the Seller skull indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented desip, device, material or process in connection with the contract, and shot[ indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or are intended use of the goods, is in such suit held to constitute infringement and the use of said equipmem or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but nonlnGeging equipment, or modify it so it becomes no infdnghng. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an resignation for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this offer may forthwith be canceled by the Puntoper without liability. 16. GOVERNING LAW. The definitions are., used or the imerpme ow aides agreement and the rights of all parties hereunder shall be construed under and g..cmed by the laws of the Sate of Colorado, USA. The following Additional Conditions apply only in caseswhere the Seller is to perform work heremad,, including the services of Sellers Representalive(s), on the promises ofelhers. IZ SELLERS RESPONSIBILITY. The Seller shall tarty on said work at Sellers own risk until the same is fully completed and ancepled, and shall, in se of any accident, destruction or iryury to the work and/or materials before Sellers fired completion and acceptance, complete the work m Sellers awn expense and to the satisfaction of the Purchaser. When mammals and equipmem are Pornl,hed by others for insmalla(on or creation by the Sella, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being( fished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including international disease benefits, to its employees employed on or in correction with the work covered by this purchase offer, and/or to their dependents in accordance with the laws of the sate in which like work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, conducted and automobile public liability insurance with archly injury and death limits of at least $300,000 for any one person, S500000 for any one accident and m,cry damage limit per accident of $400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do my work upon the premises of others, the Seller shall fumkh the Purchaser with a certificate that such compensation and insurance have been provided- Such companies shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agees 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 assumes the entire responsibility and liability for any and all damage, loss or injury of my kind or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hatmlws the Purchaser and my at all of the Purchasers offiri s, agents and employees from and against any and all claims, losses, damage; charges or expenses, whether direct or indircet, and whether to persons or property to which the Purchaser may be put or ml rd by ream. of any tut, it.., rx lwt, omission or default on the part of the Seller, any of his camracmrs, or any of the Sellers or composer. officers, agents or employees In case my and or other proceedings shall be brought against he Purchase, or its officers, agents or employees at any time on account or by reason of my It, action, neglect, variation or default of the Seller of any of his contractors o, any of its or their officers, agents or employees as afresaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, m pay my and all costs, charges, amori fees and other expenses, any and all judgrnena that may he incurred by or obtained against the Purchaser or my of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the purchase, or said parties in of as a result of such suits or other proceedings, the Seller will in once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and instill all ,tuffs 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 Act of 1970 and all miss and regulations issued pursuant thereto. Revised 03R010