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HomeMy WebLinkAbout267773 JAX FARM & RANCH LLC - PURCHASE ORDER - 9142633130 PURCHASE ORDER 914263er Page City, of42633 1of3 ' `tCollins/ his number must packing ` v ` 1 1�7 on all invoices, packing sli s and labels. Date: 05/09/2014 Vendor: 267773 JAX FARM & RANCH LLC ATTN: ACCOUNTS RECEIVABLE 1200 N COLLEGE AVE FORT COLLINS CO 80524 Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 05/09/2014 Buyer: PAT JOHNSON Note Line Description Quantity UOM Unit Price Extended Ordered Price i CLOTHING/UNIFORM FR 1 LOT LS 7,284.91 347967 2 CLOTHING/UNIFORM FR 1 LOT LS 5,962.57 116 3 CLOTHING/UNIFORM FR 1 LOT LS 7,361.17 347949 4 CLOTHING/UNIFORM FR 1 LOT LS 8,877.72 347554 5 CLOTHING/UNIFORM FR 1 LOT LS 3,459.84 115 ;il P14 -'tn Invoice Address: 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 City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.mm PO Box 580 Fort Collins, CO 80522-0580 130 PURCHASE ORDER 9142633 Page rC117/ of PURCHASE 2633 2 of 3 ' `t Collins( his number must appear ` \� ` 1 1 on all invoices, packing sli s and labels. Line Description Quantity UOM Unit Price Extended Ordered Price City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fogov.mm Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Condit on$ Page 3 of 3 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fos Collins is exempt fmm state and local taxes Our Exemption Number is 11. NON WAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84 M00587 is rb i,,—d with the Collector of Failure of the Purchaser to insist upon abut performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26,114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval ofthe design, shall not release the Seller of Goads Rejected. GOODS REJECTED due to failure no meet specifications, either when shipped or due to defec6 of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be retumd to you far credit and are not m be replaced except upon receipt of written Purchaser to insist upon mind pufformance hereof or any of its rights or remedies as to any such goods, regardless instruction, from the City of Fart Collins. of when shipped, received or accepted, as to any prior of subsequent default hereund, am shall any purposed Oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Port Collins inspection an arrival. hereof. Final Acceptance Receipt of the merchandise, services or equipment in response m this aide, can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. amhoriud payment on the pan of the City of Fort Collins However, it is to be understood that FINAL Seller and the Purchaser recogrize that in acfnal economic practice, overcharges mulling from antitust ACCEPTANCE is dependent upon completion of at l applicable required inspection proeederes. violations are in fact home by the Purchaser. Theretofore, forgood cause and a, consideration for executing this purchase order, the Seller hereby resigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments most be F.O.B., City of Fort Collins, 900 Wood St., Fort Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges misting to the particular goads 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 must accompany invoice. Additional charges for packing will nut be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. ShipmentDistance. Where manufacturers have distributing points in various parts of the country, shipment is If the Purchaser aiands the Seller to career nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchase, and the Seller and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distance, may cause the work no be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall locum at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regula more, colmonces and In, ofihe state, municipality, territory Or political subdivision where the work is perforated, or required by any other duly constituted public authority havingjurlsdiction over the work of vendor. Seller farther agrees to hold the City of Fort Collins harmless from and against all liability and loss ed by them by reason or of an as,mcd established violation of any such laws, regulations, ordinances, rules incurred ndrmquiremenn Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and complete authonty to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or inwrpomted herein by reference. Any additional or different semis and conditions proof by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to zrtive myna, manned delivery date as noted. Time is of the essence. Delivery and performance mot be effected within the lime stated on the purchase order and the documents attached hereto. No ace, of the Purchasers including, without limitation, acceptance of partial ]are deliveries, 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 ofplacing this order elsewhere and hold., the Seller liable for damages However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its rcamrmble control and without its fault of negligence, such acts of God, acts of civil or military authorities, governmental priorities, fires, strikes, Flood, epidemics, wars or nuts provided that notice of the conditions causing such delay is given to the Pomhaser 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 extendd for the period equal to the doe annually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of rare and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser hamdess from any loss damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, most, of make good, without cost to the a,chase,, any defeats or faults arising within one (I) year or within such longer period of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not fo be unreasonably delayed), resulting from imperfect or detective work done or materials famished by the Seller Amepance or me of goods by the Purchaser shall or consulate a waiver of any claim under this warmnry. Except as otherwise provided in this purchase order, the Sellers liabil try hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or pticu mees, but such liability shall in no event include lass of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SI IALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes m legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchase may make any changes m the terms Other Nan legal terns, including additions to or deletions Gom the quantifies originally ordered in the specifications or drawings, by verbal or written change order If any such change affects the amount due or the time ofperformance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change oMe,, terminate this agreement as many W all portions of the goods then not shipped, subject o any equitable adjustment between the parties as m any work or materials then in progress provided that the Purchaser shall not be liable for any clu na, for nitinipwW prvd, on the rus-a heem portion of die goods and/or work, for incidental or cons plemial damages, sad that no such adjustment be made to favor of f ar Seller with respect to any goods which are the Sellers standard stack. No such termination shall relieve the Purchaser or the Seller of any of their Obligations as to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered end famished in strip compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations require! to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, ameba, or convey this order, or any monies due or As became due hereunder without the prior women consent of the other party. IQ TITLE The Seller warrants fan, clear and unrestricted title in the producer for all equipment, materials, and items banished in perfomance of this agreement, free and clear of any and all Berms, restrictions, reservations, secunry interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any her from all liability and claims of any namm resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the parry ¢leased and shall extend to the directors, Officers and employees of such any, The Seller's contractual obligations, including warranty, shall not be deemed an be reduced, in any way, Furnace start, work is performed or amed m be performed by the Purchase. 14, PATENTS. Whenever the Seller is required to use any design, device, maternal or process covered by lereo, patent, Trademark or copyright, the Seller shall indemnity and save harmless the Purchaser from any and all claims for immigration by reason of the use of such patented design, device, material or process in connection with the commcf, sad shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by rearm 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 the intended use of the goods, is in such suit held to uta,c toe infringement and the use of card equipment or pan is retained, 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 nontnfringing equipment, or modify it so it becomes noninfnaging. 15. INSOLVENCY. If the Seller shall become irmlvem or baN,mpp make an assignment for the benefit of creditors, appoint a occonall or trustee for any of the Sellers pmpeny o, business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftorm used or the incrandation ofihe agreement and the rights of all panics hereunder shall be consumed under and governed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Represenatve(a), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry m said work at Sellers own risk u If[ the same is Polly completed and accepted, and shall, in e of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment are Nmished by others for installation or erem en by the Seller, 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 famished by me Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits to its employees employed on or in connection with the work covered by this purchase order, pallor to their dependents in accordance with the laws of the state in which the work is to be done The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at leas) $300,000 for any one person, $500,000 fur any accident and property damage limit per occident of $400,000. The Seller shall likewise require his commemrs, if any, m provide for each compensation and insurance Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall Finish the Purchase with it comfieate that such compensation and insurance have been provided. Such certificates 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 compensation and insurance shall be maintained until after the entire work is completed and accepted 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby msumes the entire responsibility and liability for any and all damage, loss or injury of any kind or nature whomsoever m persons or property caused by or resulting from the execution ofihe work provided farm this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any cr all of the Purchasers omagents ents and employees from and against any and all claims, losses, damages, harges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be bougln against the Pnrehase, or its oBcon, agents or employees am any time on account or by reason of any net, action, neglect, omission or default of the Seller of any of Fix contractors or any of its or their uRcns, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers awn expenre, to pay any and all costs, charges momeys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaer or any of its or their officers, agents or employees in such suit or Other proceedings, and in case judgment or other lien be placed upon or obtained against the property ofthe Purchaser, or said parties in or as, a result of such suia or other proceedings, Eye Seller will at 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 install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without Ilmimimit, the Occupational Safety and Health Act of 1990 and all rates and regulations issue pursue, tbermo. Revised 03/2010