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HomeMy WebLinkAbout113973 NATIONAL SPEAKER & SOUND - PURCHASE ORDER - 9141839 (2)PO PURCHASE ORDER 914183er Page CI�/ of PURCHASE 41839 1 of z Flirt Collins/ This number must appear .-\�,/`' V " on all invoices, packing sli s and labels. Date: 05/13/2014 Vendor: 113973 NATIONAL SPEAKER & SOUND 1559 S BROADWAY DENVER CO 80210 Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS CO 80521 Delivery Date: 04/01/2014 Buyer: WILSON, JILL Note: Reference 7597 Senior Center AV Project Agreement. Line Description Quantity UOM Unit Price Extended Ordered Price 2 Change Ordre No. 1 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.mm 1 LOT EA -23,000.00 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 L COMMERCIALDPFAILS. Tax exemptions. By statute the City of Fan Collins is exempt from sire and )coal taxes. Our Exemption Number is 11. NON WAIVER. 98-0,1502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon stool performance ofthe 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 herem or by law, failure to promptly notify die Seller in the event of a breach, the acceptance of or ,norm foe Goods hereunder or approval ofthe design, shall not relowe the Seller of Goods R jested. GOODS RD ECI'ED due m failure to .,or 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 any righl of the damage in transit, may be returned to you for credit and arc not to be replaced except upon receipt of wducn purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such'mxts, regardless inslmctions firm the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purposed a aI modification or rescission of this purchase order by the Purchaser oper4m as a waiver of any office terms Impeetion. GOODS arc subject to the City of Fon Collins imitation on arrival. hereof. Firal Arreprance. Receipt of the merchandise, writes or equipment in rapome 10 this oNer can eesull in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized paMan oa the pan of the City of Pont Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in armed economic practice, oveuharges resulting from nrtmerst ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violmimss are in fact borne by the Puatofo hoser. Therere nfonr goof cause and as consideration for executing Nis purchase order, the Seller hereby assigns to the Purchmer any and ail claims it may now have or hereafter Freight Terms. Shipments must be P.O.D., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, mdeas acquired under federal or sate amiuust laws for such overcharges relating to the particular goods or services olhaMw specified on this order. Ifpermission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser Imismafto this purchase order. bill must accompany invoice. Additional charges for Woking will not be accepted. I3.PURCHASERS PERFORMANCE OF SELLERSOBLIGATIONS.defective Shipment Dis. th.e. Where manufaaurtrs have discoloringand excess in vwdous pans de the d train , voice when IfflieNortheaster Pumand the re Sella, a d then m larrtcr eanconfoimin6 or brambly or unwillingness by a dam to be agreed a on byRadio the shipment from Ne Ran distribution point a destinations and excess freight will be deducted (ram Invoice when Purchases and the Seller, end the Seller t dw .indiufes its iacbiliry or unwillingness l comply, the Pumhma shipments are male from greater distance. may cause the work m be perf ed by the mast expeditious meant available Io it, vM the Shctt shall pay all cuts associated with such work. Permits. Seller shall procure sellers sole cast all necessary permits, comfort. and littrsa required by all applicable laws, regulations, orm, ordinances irdby and ales duly sate, municipality, oratory in political subdivision whoa the work is performed, m raper, by any other duly Fiat public authority anvingjur anion over the work if vendor. Seller by reason agrees m hold the City li Fos Collins h f any s from and against all liability and lass reed by them by reuwt of tun msesed or established violation rC any retch laws, regulations, ordinances, tutu incurred �u rrgahemmn. Authentication. An parties to this conduct agree that the representatives air, in fan, boon fide add possess Nil ab complete authority, to biml said mania. LIMITATION OF TERMS. This Paahaa Order expressly limits accRmna to the terms .d machiniom sated herein set foM and any supplementary or additional temu and conditions annexed hereto or incorporated herein by reference. Any additional m di@rent metre and vinditiom imposed by seller are objected m and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to wave on your Promised delivery dale m —WIT 15me is of the essence. Ddivcry and performance mml be eRaad within the time stated on the purchaa order and the documents attached heelo. No arts of the Purchasers including, without limitation, accepance of partial Inc deliveries, shall operate m 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 oNer elsewhere and holding the Seller liable for damage. Hmseva, the Seller shall not be liable for damages m a aeall of delays due to causes not ressowbly foreseeable which are beyond its reasonable crowd and without its fault of negligence, such acts of God, wars ifi,iAl or military authorities, governmental primitive, fires, strikes, Bood, epidemics, anrs a dots provided that notice of the condition coming such delay u given m the Purchaser within five (5) days of the time when the Seller flat received knowledge thereof. In the event of my such delay, the date of delivery shall M extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Sella warrants that all goods, articles, materials and work coverts 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 degme of care and competence in acrordance with accepted standards for work of a And. nature. The Sella agrees to hold the purchmer harmless firm any loss, damage or expense which the Purchaser may sufferor motion scrowt ofthe Sellers breach ofvvarranty. The Seller shall replace, repairer make good, without rest to the purchi a, any defects or faults arising within one (I) your of within such longer Rental of time as may be prescribed by law or by the tam¢ of any applicable warranty provided by the Sella after the date of acceptance of the good f ishcd hereunder (accepame net to be wermarrably delayed, resulting from Imperfect or defective work done or materials famished by the Seller. Acceptance or use of good by the Pumhaaf shall not institute a waiver of any claim under this warranty. Exempt as whawise provided in this purchase ordre the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in an event include loss of profits or loss of me. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by woven change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal men, including additions to or deletions firm the quantities originally ordered in the specifications or drawings, by vabal or written change order. If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. T he Purchaser may at any time by wntom change order, terminate this agreement as to any or all persons of the good that or shipped, subject to any equitable catamaran between the posies as to any work or matmals that in lima ms provided Nat the Primmer shall nor be liable for any claims fir anticipated profits an the uncompleted Portion of the goods ardlor work, for incidental or co ars,n mial damages, and that no such islium ut be made in favor of the Sella with rapecno any good which an the Selkrs wool stock. No such imagination shall aliese the Puahaser or the Sella i fany of their obligatom as to any good delivered him uMer. 1. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assured within Ihidy (30) days from for date the change or lamination is ordered. 8. COMPLIANCE WITH LAW. The Sella warrants that all good sold hereunder shall have been produced, sold, delivered and famished in side, 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 regulators rardeed to be nco,surag d in agreements of this character are hereby incory odial herein by this refcmme. The Seller agrees in indemnify and hold the Purchmer b.mless from all costs and damages suffered by the Purchmer m a result of the Sellers E tom Io comply with such law. 9. ASSIGNMENT. Neither party shall azsi,., slower, or convey this oNeq or any mantes due or to become due hereunder without the pear women consent of the other party. 10. TITLE. The Sella warrants full, clear and maratrudial title to the Purchmer for all equipment, materials, and items f ished in performance of this agreement, free and clear of any and all tiers, rmoictiom, maenatiom, samnly interest mcumbrmces and claims ofothers. The Seller shall release the Purchaser and its exclmmors of any tier firm all liability and claims of any runue resulting from the performance ofmch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, ofcers and employees of such Party. The Sellers contractual obligations, including warranty, shall not be deemed on be reduced, in any way, because such work is peA'onned or Gamed to he perf ed by Ne Purchua. 14. PATENTS. Whenever the Seller a required to ass any design, device, material or imaress covered by letter. pareal, trademark or copyright, the Sella shall indemnify and save harmless the Purchaser firm any and all claims for infringement by mason of the use of such patented daign, device, material or process in connection with the conduct, and shadI indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such inginger ent 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 m constitute infringement and the use of said equipment or pas 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 due same with substantially equal but mninfdmging ryuipmem, or modify it so it becomes ..infirm, li. 15. INSOLVENCY. If the Seller shill become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers primary, or business, this coder may forthwith he canceled by the Purcha¢r without liability. . 16. GOVERNING LAW. The dotimliom ofit., usN or Ile imeryredation of Ne egl<resen, and Ne .,his of all manias hereunder shall be consRued under and Internal by the laws ofthe Sam ofColomdo, USA. The following Additional Conditions apply only in cases where the Seller a in peffomr work hereunder, including the services of Sellers Rrp s,wasawi O), oa the premises of.flu— IT. SELLERS RESPONSIBILITY. The Seller shall any on said work at Sellers own risk until the same is fully completed add accepted, and shall, in case of my accident, destruction or injury to the work author materials before Seller's final completion and acceptance, complete the work at Sellers awn expense and to the satisfaction of the Purchmer. When materials and equipment are famished by others for installation or creation by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials isobar equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers sen,wdw ion, including occupational diazse benefits, m its employees employed on or in connection with the work second by this putehaa order. mall., to their dependents in accordance with the laws of the stare in which the work is to be done. The Seller shall also cart, comprthcmive'maul liability including, but tut limited to, contow ml and automobile public liability insurance with bodily injury and death limits of at least S3og000 for any one person, 5500,000 for any uaccident and Ilmiany damage limit per accident of $400,000. The Seller shall likewise require his accidenttractors, if any, to provide for such compensation and in an e. Before y of the Sellers or his contractors employees shall do any work upon the premises of others, the Sella shall famish the Purchaser with a eatlfute that such compensation and insurance have been provided Such certificates shall specify the date when such compensation and insurance have been provided. Such radficams shall specify the darn when such compensation and mov remce expires. The Seller agrees that such compenation and insurance shall be mainained until after the retire work is complelN eed accept L 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby msumrs the entire responsibility and liability for any and all damage, loss or injury ofmy kind or ncturs what er to persons or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Sella will indemnify and hold harmless the Purchmer and any cr all of the Purchasers officers, agents and employees firms and irwrut any and all claims, lusse,, dammges, 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 vet, action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents a employees. In case any wit or other proceedings shall he brought against Ne Purchase, or its .titian, agents or employees at any time on acwunt or by reason of any act action, neglect, omission or default of the Seller of any of his contractors or any of Its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the delouse thermf and m defend the same at the Sella own expanse, an pay any and all cuts, charges, attorneys fees and other estimates, my add all judgments that may be incurred by or obtained againd the Purchaser or any of its or their office¢, 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 Purchaser, or said parties in or as a result of such suits or other proceedings, the Seller will at once cause the some to be dissolved and discharged by giving bond or otherwise. The Sella and his contractors shall take all story p eriguiom, famish and inmall all guard necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including but without limitation, the Occupational Safety and Houlth Act of 1970 and all mlrs and regulatiorsissued pursmnt thereto. Revised 03nolo