Loading...
HomeMy WebLinkAbout122851 ROBERT OTTERMANN - PURCHASE ORDER - 9142347Fort Collins Date: 04/29/2014 Vendor: 122851 ROBERT OTTERMANN 1512 BUTTONWOOD DR FORT COLLINS CO 80525-1918 PURCHASE ORDER PO Number Page 9142347 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: LINCOLN CENTER CITY OF FORT COLLINS 417 W MAGNOLIA FORT COLLINS CO 80521 Delivery Date: 04/28/2014 Buyer: PAUL, GERRY Note: Quantity Extended Line Description Ordered UOM Unit Price .Price I APP - Piano Tunes & Repairs 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 10,525.00 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. COMMERCIA, DETAILS. Tax exemptions. By statute the City of FortCollin u exempt from sum end local razes. Our Exemption Number is I I. NONWAIVER. 98-0450I. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collator of Failure of the Purchaser to imul upon strict performance of the terms anal conditions hesrof, failure or delay to Internal Revenue, Denver, Calcium (Ref. Colorado Revised Statutes 1973. Chapter 39-26,1 W (a). exemise my rights or remedies provided herein or by law, failure to promptly natty the Seller in the event of a breach, the acceptance arm payment for goads hereunder or approval afthe design, shall not release the Seller of Goods Reported. GOODS REJECTED due to failure IG meet specifications, either when shipped or due an defects of any of the warranties or obligations of this purchase order and shall not h deemed a waiver of any right of the damage in transit. may be returned to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict Performance hereof or any of its rights or remedies as to any such goods, regardless instructions to.. the Co, affair Collins. 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 fe Purchaser operate as a waiver of any of Ile terms Inspection. GOODS are subject to the City of Foe Collins inspection on arrived. hacol Final Acceptance. Receipt of the merchandise, smices or aropment in radmosec to rhos order ran result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fan Collins. However, it u as Is, understand that FINAL Sella and the Purchaser camprice that in actual m m practice, overcharges maturing from antitrust ACCEPTANCE is dependmt upon comply ion afall applicable marginal formic. proceedings. violations are in fir bome by the Rochester.Therewfore,Gfaar. goad muse and as cosidamion for executing this ' purchase order, the Sella fereby sssigs to the Pmchazes any and all claims of may now have in hereafter Freight Terms. Shipments most be P.O B., City of Fan Collins, 700 Wood St, Fort Collins, CO 80522. unless acquired mother federal or mile antitrust has for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill rant namernanv invoice. Additional char es for mckwe will not be accmged. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is eapeaed from the murest distribution point to destination, and excess freight will be deducted from Invoice when shipments arc made from greater discomc. Permit. Seller shall procure at sellers sole cost all mammy remain, artifeme and he ses required by all applicable laws, regulation, ordinances and rules of he shire, municipality, mrimry or political subdivision where the work is Performed, m requiml by any other duly comttutd public authority having jurisdiction over the work of sods, Sella number agree IG hold the City of For Collins homeless form and against all liability ad loss incurred by them by reason of an asserted or established violation of my such laws, regulations, oakbunces, nala and malulrement. Authorization. All parties to this contract agree that dic miumsenmtias art, in fact, ban fide and possess full and complete out ariry to bond said parie, LIMITATION OF TERMS. This Purchase Ord, expressly limits acceptance to the lams and conditions stated herein set forth and any supplementary or additional terms and conditions annexed herein an marginated herein by reference. Any additional or different terms and cundirions proposed by Sella arc objected Ira aad hereby r rated. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment arrive on your promised delivery date n rated. Time is of the essence. Delivery and performance most be effected within the time stated on the purchase order and the document attached hereto. No act of the Purchasers including, without Lmitmion, acceptance of partial late deliveries, shall opemm m is waiver of fis provision. Ia the norm of my delay. the Pumhasr shall have, in addition to other legal and equouble remedies, the option ofplacing this order elsewhere and naming the Seller liable for damages. However, the Setter shall not be fable fro damages as a reach of delays due to muses sot mentally foreseeable which are beyond its amenable control and wotlwm its fault of negligence, such nets of God, act of civil or military authorities, gavemmcntal priorities, Gres, strikes, flood, epidemics, wars in riots provided that notice of the conditions causing such delay is given to the Purchaser within foe (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the dam of delivery shall be extended for the period aired to the time school ly lost by an of the delay. 3. WARRANTY. The Seller warrants that all goods, micles, materials and work covered by this order will conform with applicable drawings, specification, samples major ofa descriptions given, will be fit for the purposes intended, and performed with the highest degree of cart and competence in accordance with azcmted standards for work of a similar aaNre. The Sella agrees to hold the puchaser hairless from any loss, damage or expose which the Pumhawr may suffer or margins account of the Sellers breach of warranty. The Seller shall replace, repairer make good, without cost to the pumhaser, easy defect or fads, arising within one (I) year or within such longer period of time as may be prescribed by law or by the terms of my applicable warranty provided by the Sella after the dam of acceptance of the good famished hereunder (azttplaiY not to be, unrvescrmbly delayed), resulting from imperfect or defective work done or materials fumishd by the Sella. Acceptance or arm, of good 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 w all damages proximately caused by the breach of any of the foregoing waramies or guarantees, but such liability shall in no event include loss of profit of lass 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 it. by wrium change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, matter than legal comas, including addifirans as m deletions from the que nlitio originally ordered in the specifications ar drawings, by vaWl or wrinm change order. If my such change affect the amount due or the time ofperfomunce hereunder, an equitable divarman shall be, made. 6. TERMINATIONS. The Purchaser may ar any time by written change cadet, terminate this agreement as to any or all psoms of the gaud then not shipped, subject to any equitable drystment between the parties as to any wad, or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted ponion cribs goods author work, for incidental or canuquential damages, and that no such djuatment be made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such nationals. shall relic, the Purchaser or the Sella army oftheir obligations as to any goods delivered hereunder. Z CLAIMS FOR ADJUSTMENT. Any claim for djum^mr must be named within thirty, (30) days from the dare the change or termination is ordered 8. COMPLIANCE WITH LAW. The Sell, warrants Out all goods sold hemunder doll have been produced, sold, delivered and famished in sfd compliance with all applicable laws and regulation to which the goods art subject. The Seller shall execute and deliver such document az may be required to effect or evidence compliance. All laws and regulations required to be mempanded in agreement of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all cost and damages suffered by the Pushier as a result of the Sells failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, version, or convey this order, or any ninnies due or to became due hereunder without the prior wclhen consent argue at Pam. 10. TITLE. The Sella wamms, hill, clear and ummrmd title or the Pmcbaser far all equipmen, amteri ds, and items fumishaed in performance gr of this aeement, free and clear of any, ens and all li, resfctiment resmztas, secers security art.' encumbrancesand cldrns matters. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. lithe Purchaser directs the Seller o correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its mobility or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious mans mailable to it, and the Seller shall pay all cost associated with such work. The Sella shall release the Purchaser and it contractors of any tier Gam all liability aad claims of arty nature resulting from the performance orsuch work. This release shall apply e'en in the went of fault of negligence of she party released and shall extend to the directors, officers and employees ofsuch perry. The Sellers communal obligation, including wamdrry, shall not be deemed to be reduced, in any may. because such work is performed or caused to In, Performed by the Purchases. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by Inver, patent, trademark copyrighq the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the vie of such patented design, device, material or process in connection with the imam,, and shall indemnify the Purchaser for any cost, expense or damage which it may b<obliged to Pay by reason of such infringement at any time during the prosecution or after the completion of the work. In mi said compmm4 ao any pan thereof or the imrnd<d we of the good, la in such stair held m constitute infringement mad the use of said equlpmeat or pan is enjoined, the Sella shill, at its own expense and in its option, either pmcmc for the Purchase, the right w mnlinue sing said expapmm' or pit, replace the same with mbsmmmily equal bur nonlnfringfg cquipmcnl, or modify it so it becomes noniafringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for rue benefit of creditors, appoint a receiver or Income for any of the Sells p,.,M or business, this order may forthwith be canceled by the Rimbesta without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the rights of all panics hereunder am[) he contacted under and governed "a laws ofthe Shim ofColmdo, USA. The following Additional Condition apply only in cases where the Sella is to perform work annul,, oncludong fee service ofsellas Represenmlve(s). m the premises Groaners 17. SELLERS RESPONSIBILITY, The Sella shall tarty on said work in Sellers own risk until the same is fully completed and accepted, and shall, in case crow accident, destruction or injury w the work ad/or materials before Sellers final completion and acceptance, complete the work at Sellars own expense and to the satisfaction of the Parachutes. When materials and equipment am finished by others for instllalion or vision by the Sella, the Seller shall reverse, unload, store and handle same at the site and become responsible therefor as though such materials indoor equipment were being furnished by the Seller under the order. 18. INSURANCE. The Sella shall, at has own expense, provide for the payment of workers comperaation, including occupational disease bmeft, to its employees employed an or in connection wits the work covered by this purchase order, senator W their dependents in accordance with the laws of the state in which the work is w Its, dos. The Sella shall also carry comprehenive general liability including, but not limited to, c meactan anal sealomobile public liability iruurmc<win bodily injury and death limits of in least S30o,000 for any one person, $500,000 for any one accident and property damage limit per accident of S400,000. The Sella shall likewise require his contractors, if my, to provide for such compensation and insumnre Before any of flee Sellers or his contractors employees shall do any work upon the premises of others, the Sella shall famish the Pumhasa with a cenincom that such compensation and insurance have ban provided. Such emificates 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 agrees that such a mpensation and inumna, shall be mamocind until Per the entire work is completed and accepted. 19. PROTECfION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assume the entire roposibiliy and liability for any and all damages loss or injury ofany kind or wture whataneer to perms or property mused by or resulting from the execution ofthe work provided for in this Purchase maker or in comeaim herewith, The Sella will indemnify and hold hamaless use Purchaser and any or all of the Perchasm oMs.. agcot and employees form and against my aad all claims, losses, damages. changes or expenses. whether direct or indirect, and whether as Reasons or pmgmy to which the Pmchsre may be put or subject by reason of my act, action, neglem, omission or default on she loan of the Sella, any of h6 contractors, or any of the Sells or contractors officers, agent m employees. In case my suit or other proceedings shall be brought against the lambast or its officers, agent or employees at my tore an account or by reason of my act, action, neglect, omission or default of the Sella of any of his contractors or any of its or their officers, agents or employees s aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all cost, charges, anomeys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of it or their officers, agent or employees in such suit or other proceedings, and in eau judgment or other has be placed upon or obtataind against the property of he Purchaser, or said ponies in or as a result of such suits or other proceedings, the Sella will at once muse flu, same to be dissolved aud discharged by giving bond or otherwise. The Sella and his contrators shall take all safety pre autos, furdish and intall ell guard massing for the prevention of accidents, comply with all laws and regulator with regard as wrely including, bur without limitation, the Occupatmaal Safety and Health Act of 1970 aaad all roles and regulations issued paroun therew. Revised 032010