Loading...
HomeMy WebLinkAbout473776 GALE E WHITMAN - PURCHASE ORDER - 9142768Fort Collins Date: 05/16/2014 Vendor: 473776 GALE E WHITMAN 311 E PLUM ST FORT COLLINS CO 80524-3328 PURCHASE ORDER PO Number Page 9142768 1of2 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: 05/15/2014 Buyer: PAUL, GERRY Note: Line Description Quantity UOM Unit Price Extended Ordered Price APP 2014 Piano Project 1 LOT LS 650.00 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 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 1. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Ccdcon r of Formal Revenue, Heaver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26,114 (a). Goods Rejected, GOODS REJECTED due to failure to meet specifications, either when shipped or doe to defect of damage in transit may be returned to you for credit and we not to be replaced except upon receipt of written instmetions foam the City of Fort Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on arrival, Final Acceptance. Receipt of the merchandise, winners or equipment in response to this order can result in authorized payment on the pan of the City of Fort Collins. However, it is In be understood teal PENAL ACCEPTANCE is dependentupon completion of all applicable nyuired inspection procedures Freight Terms. Shipments most be P.O.B., City of Fort Collins, 900 Wood St, Fort Collins, CO 90522, unless otherwise specified on this order. ¢permission is given to prepay freight and charge separately, tee original freight bill must accompany invoice. Additional charges forpacking will not be accepted. Shipment Distance. Where manufacturers have dearbuting points in various pans of the caumry, shipment is expected from the nearest distribution poise to destination, and excess freight will be deducted from Invoice when shipments are made from gocamr distance. Permits. Seller shall procure w sellers sole con all necessary permits, ¢rtificates and licenses required by all applicable laws, regulations, ordinances and roles of the state, municipality, temtory, or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vondor. Seller former agrees to hold the City of Fort Callios harmless Gom and against sell liability end loss incurred by them by reason of an assured or established violation of any such Iowa regulations, ordinances, mles and requirements. Authorization. All probes to this contract agree that he representatives are, in fact, born fide and possess full and ompleld authority to bind said parries. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance or the terms and conditions stated herein set fort and any supplementary or additional terms and conditions annexed hereto or incorporated hemin by reference. Any additional or different tern,, and conditions proposed by seller are objected to and hereby rejected, 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to act, on your promised delivery dale as noted. Time is of the essence. Delivery and pwfmmanue must be efemd within the time stated on the purchase order and the documents anached hereto. No acts of the Purchasers including, without him moor, acceptance of partial late deliveries, shall operate as a waiver of this provisiam In the event cafe, delay, the Purchaser shall have, in addition to other legal and equitable remedi¢, the option of placing this order elsewhere and holding the Seller liable for damages. However, me Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable emProl and without its fault of negligence, such acts of God, acts of civil or military authorities gb emal priorities, fires, strikes, flood epidemurs, wars or Puts provided that notice of the conditions causing such delay is given to the Purchaser 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 extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY, The Seller warrants that all goods, articles, materials and work covered by this order will contort with applicable drawings, speuificatiars, 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 iodur nacre. The Seller agrees to hold the purchaser harmless from any lass, 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 In the purehsseq any defects or fwlts ansing within one (1) year or within such longer peried of time as may be prescribed by law or by the temts of any applicable warranty provided by the Seller after the date of acceptance of the goods fomishd hereunder (acceptance not to be unreasonably delaydf resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not amimte a waiver of any 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 foregoing 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 Purchaser may make changes to legal terms by writers change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may coke any changes no the terms, other than legal terms, including additions to or deletions W m the quantities originally ordered in Ne s,,ificmiww or drawings, by verbal in written change Dade,, If any such change a0'eets the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion ofthe goods andror work, for incidental or consequential damages, and that no such adjustment be made in fnvor of the Seller with respect to any goads which are the Sellers standard stock. No such tem,ination shall relieve the Purchaser or the Seller of any oftheir obligations as to any goods delivered hereunder. ). CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days been the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder stall have been produced, sold, delivered and fomished in strict 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 m effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incoryorated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamtless from all costs and damages suffered by the Purchaser se a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey Nis order, of any monies due or to become due hereunder without the ,.or As. consent ofthe other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items fomishd in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. 11. NONWAIVER. Failure office Purchaser to insist upon striet performance of the arms and conditions hereof, failure or delay to exercise any rights or rem dies provided bervin or by law, failure to promptly notify the Seller in the event of a breach the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of any of the warranties or obl,clims of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hereof or any of its rights or remedies as m any such goods, regardless of when shipped, received or accepted, us to any prior or subsequent default hereunder, nor shall any purported am] modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and me Purchaser recognize that in actual economic practice, overcharges resulting from moment union, violaliew, are in fact by the Pi rcaser. Theremf sex, forgoodcause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under federal or state antitrust laws for such overchargeo relating to the particular goads or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a dare a be agned upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work a be perormd by the most expeditious means available m it, and the Seller shall pay all costa associated with such work. The Seller shall release the Purchaser and its contractors of any Per from all liability and claims of any nature resulting from the perfonnanw of such work_ This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, ofeers and employees ofsuch an,. The Settees 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 Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by lette, patent, trademark or copyright, the Seller shall indemnify and save hamless the Purchaser from any and all claims for infringement by reason of the we of such patented design, device, mmerial or process in connection with the contract, and shall 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 who the completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is such suit held to connlrr far and Nuse of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either pomace for the Purchaser the right to continue using said equipment or pans, replare the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall became insolvent tar bavlsupt, make an assignment for the benefit of creditors, mpaint a neeciler or bu eso for any of the Sellers property or business, this other may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpre rtion ofthe agreement and the rights of all parties hereunder shall be crustmed under and governed by the laws of the Sate ofC.1mia u, USA. The following Additional Conditions apply only in where the Seller is to perform work hereunder, f including the services oSellers Represenative(s), on theses premims ofothers. IJ. SELLERS RESPONSIBILITY. The Seller shall carryon said work at SNefs own risk until the same is folly completed and accepted and shall, in se of any accident, distinction or injury to the work major matenak before Sellers final completion and acceptance, complete the work at Settees own expense and to the satisfaction of the Purchaser. When materiak and equipment are furbished by others for installation or erection by the Seller, the Seller shall receive, wined store and handle same at the site and become responsible therefor as though such materials anchor equipment were being fomished by the Seller under the order. I& INSURANCE. The Seller shall, at his own expense, provide for the payment of workers wmpenmtine, including occupational during benefits, to its employees employed on car in connection with the wort covered by this purchase Dole, and/or to their dependents in accordance with the laws of the sate in which the work is to be done. The Seller shall also carry comprehensive general Inability noludir, bur not limited to, contractual and automobile public liability ineumnce with bodily injury and death limn¢ of at least S300,000 for any one person, S500,000 for any one m accident and property damage not per accident of S400,000. The Seller shall likewise relmr, his contractors, if any, m provide far such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate 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 agmes that such compensation and artwoce shall be maintained until after the entire work is completed and accepted, 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assnmes the entire responsibility and liability for any and all damage, loss or injury of any kind r more whasoever to persons or property caused by or resulting from the execution ofthe work provided for in Has purchase order or in connection herewith. The Seller will ide rma y and hold harmless the Purchaser and any r all of the Purchasers ofeers, agents and employees from and against any and all claims, losses, damages, charges 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, my of his contractors, or any of the Sellers or comments officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees an any time on account 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 ofeers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same an the Sellers own expense, to pay any and all cost, charges, attorneys fees and other expenses, any and all judgments that may be Incurred by or obtained against the Purchaser or any of its or the@ officers, gents 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 in once cause the same to be, dissolved and discharged by giving bond or oMewise. The Seller and his contractors shall Pike all safety precautions, famish and imall all guards 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 Au of 1990 and all roles and regulations issued pursuant thereto. Revised 0312010