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HomeMy WebLinkAbout504665 JENNIFER IVANOVIC - PURCHASE ORDER - 9142767Fort Collins Date: 05/16/2014 Vendor: 504665 JENNIFER IVANOVIC 5133 STAR DUST LANE FORT COLLINS CO 80528 PURCHASE ORDER PO Number Page 9142767 1o12 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: 05/15/2014 Buyer: PAUL, GERRY Note: Line Description Quantity UOM Unit Price Extended Ordered Price i APP 2014 Transformer Cabinet 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.com 1 LOT LS 2,004.00 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. COMMERCIAL DETAILS. 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 Collector of Internal Revenue, Denver, Colorado (Ref. Colorado, Revised Statutes 1973, Chapter 39-26,114 (a). Goods Rejected. GOODS REJECTED due an failure to meet specifcatiom', either when shipped of due on defects of damage in transit, may be removed to you for credit and arc not to be replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS are subject to the City appear Collins inspection on survival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order an result in authorized payment an the pan of the City of Fen Collins. However, it k to be understood that FINAL ACCEPTANCE is dependent upon rompletion ofall applicable required inspection procedures. Freight 3'ema. Shipments most be, F.0 B., City of Fort Collins, VW Wood St, Fort Collins, CO 80522, unless otherwise specified on this orde, if permission is given to prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges for trucking will not be accepted. Shipment Distance, Where manufacturers have distributing points in various pans of the cromry, shipment is expected from the nearest distribution paint to destination, and excess freight will be deducted [ram Invoice when shipments are made farm great,, arsonist. Permits. Seller shall procure at sellers sole cost all necessary, permits, treatments .d Incenses criminal by all applicable laws, regulmions, ordinances and rules of the state, municipality, territory or political subdivision where the work is performed, or required by my other duly constituted public authority Iavogjurisdimi er over the work of vendor. Seller farmer agrees to hold the City of Four Collins harmless been and against all liability and loss insetafted by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and rcquircments. Amhocaatiou All parries to this cants, agree that the representatives are, in beer, born fide and possess full and complete authority to bird said parties. LIMITATION OF TERMS. This purchase Coe, expressly limits mespkmce W the tames and conditions sorted Inertia set fah and my supplementary or additional rem¢ and continuous arrested hereto or incomoraad herein by reference. Any additional or different trams and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifymh cannot make complete shipment to active on your promised delivery date as noted. Time is of the essence. Delivery and perlm nance must be effected within the time smrd on the machine ord, and the documents touched hereto. No ads of the Purchasers including, without limitation, acceptance of partial late delivenes, shall operate ns a waiver of this provision. In the event of any delay, the I'mchnser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seiler liable far damages. Ilowever, the Seller shall not be liable for damages as a result of delays due to anuses ,at reasonably foreseeable which are beyond its reasatmble control and without its fault of negligence, such is of God, acts of civil or milltay main ikiq governmental routines, frcs, strikes, Bond, epalmon, war a, Hats 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 cmea ded for the penal equal to the it. actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifiatio., sample ad'm other descriptions given, will be fit for the purposes amended, and performed with the highest degree of arc and eomp nence in accordance with accepted mordants fen work of a similar warm. The Seller agrees to hold the mischaur Brandeis from any loss, damage or expense which the purchaser may suffer or incur on.counr of the Sellers breach of werrnty. The Seller shall replace, inelastic or make Rend, without cost to the purchaum any defects or faults arising within one (1) year or within such longer periad of time as may be prescribed by law or by the term of any applicable warranty provided by the Seller after the date of ace,curne of the grads famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall out onmima a waiver of any claim under this warranty. Except as otherwise provided in this inch. aden the Sellers liability hereunder shall extend ko all damages proximately cansel by the breach of any ofthm foregoing warranties or guaarecs, but such liability shall in no event include loss of profts or less of use NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. C CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terra by written change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes as the terror, other than legal terms, including additions to of deletioru from the quantities originally ordered in the specifiatiom or drawings, by vertical or wrnen change order. If any such change acts the amount due or the time of performance hereunder, an equitable adjustment shall M made. 6. TERMINATIONS. The Purchaser may at any time by wnnen change order, terminate this agreement as to any of all poniom 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 of the goods am9or 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 Scllers standard stock. No such terminmiun shall relieve the Purchaser or the Seller of any oftheir obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim far adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. S COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws .d regulatiow to which the gooks arc subject The Sell, shall execute and deliver such dosimeters as may he required to effect or evidence compliance. All laws and regulations required 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 end damages sufer cl by the purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall resign, transfer, or convey this order, or my monies the or to become due hereunder without the prior wrinen corium f,he other parry. 10. TITLE. The Seller wom..1, full, clear.d umemicted title to the Purchaser for all estimated, materials, and tams famished 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 of the Purchaser to insist upon strict performance afthe terms and candition hereof, failure or delay to esenaw any rights or remedies provided h rcin or by law, failure to promptly notify the Seller in the event of a breach the acceptance of or payment for goods hereunder a approval of the design, shall not release the Seller of any of the wartantia or obligations of this purchase order and shall not Is, deemed is waiver of any right of ten purchaser to insist upon strict petformmee hereofor any of its rights or remedies as in my such goods, regaNless of when shipped, received or accepted, as to my prior or subsequent default hereutader, nor shall any purported ore] caadification of rescission of this purchase order by the Purchaser operate as a waiver of my of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognve that in ..I emossom practice, overcharges resulting from narm., violations arc in fact home by the Towboat. Theretofore, for good cause and as consideration for executing this pumhae indent, rise Seller hereby assigns to the Pumhaur my and all claims it may now have or hereafer acquired under federal or state antitrust laws for such mercharges relating to the particular goods or services pmcbersed or acquired by the Purchaser pursuant to this purchase order. 13. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defctive goads by a dam to be agreed upan by the Purchaser and In, Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be perfnmhed by the most expeditious means available to it, and the Seller slrull pay all costs associated with such work. The Seller shall release the purchaser and its contractors of my tier farm all liability and claims of any nature reading farm the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shaft extend to the directors, officers and employees of such party. The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or aused to be performed by the Purthuer. 14. PATENTS. Whenever the Seller is required ko we any design, device, material or process cosered by lene5 parent, trademark or copyright, the Seller shall indemnify and serve harmless the Purchaser tram my and at I claims for infringement by reason of the use of such patented deign, device, romerial or process in connection with the camr.t, and shall indemnify the Purchaser for my cost, expense or damage which it may be obliged to pay by reason of such infingement at any time during the prosecution or offer 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 constimre infringement and the use of said equipment or part is enjoined, the Seller shal1, at its own expense and at its option, either procure Ibr the Purchaser the right to continue using said equipment or puns, replace the sane with substantially equal but nnninfnnging equipment, or modify it so it becomes nmainMngiog. 15ANSOLVENCY. If the Seller shall become insolvent or bankrupt, make an anointment for the benefit of creditors, appoint a receiver or mmee fob .y of the Sellers property or business, this order nay forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The defirtums off,. used it, the imcrpreation i fthe agreement road the nIll..fall pries hereurader Shull be comtrued miler and governed by the laws of the Sure of Colorado, USA. The following Additional Canadian. apply, only in cases where the Seller is to perform work hereunder, including the services of Sellers Represe rrawe(s), on the prmarms afothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said %ark an Sellers own risk until the same is Billy completed and accepted, and shall, in e of any accident, destruction or injury to the work andmor materials before Seller's final completion and acceptance, complete the work at Sellers sewn expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload, ,rare and handle some at the site and become respmsible therefor as though such materials undbr equipment were being furnished by the Seller under the aide,. 18. INSURANCE. The Seller shall, at his own experts¢, provide far the payment of workers compensation, including occuni iooal disease benefits, to its employees employed on or in connection with the work covered by this purchase order, .Nor to their dependents in accordance with the laws of she state in which the work is 10 be done. The Seller shall also arty mmpoemosive gmersl liability including. but no; limited to, contractual and automobile public liability insurance with bodily injury and &orb limits of in least S30g00o for any one person. 5500,000 for my one accident .d property damage hour per accident of SNORMI. The Seller shall likewise require his contractors, if say, to provide for such exmpensaion and insurance. Before any of the Sellers or his contractors employees shall do my work upon the premises of mhcrs, the Seller shall famish the Purchaser with a certificate thin such compensation and insurance have been provided. Such certificates shall specify the date when such compensational announce have been provided. Such ecnificates shall specify the time when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained ..,it after the entire work is completed and accepted. I a. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the move responsibility and liabil it, for any and all damage, Ins, or injury at any kind nature whatsoever to persons or property used by or resulting tram the execution o'the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hamdess the Purchaser and any cr all of the Purehasers officers, agenda and employees from and against any and all claims, fosses, damages, harges or expenses, whether direct or mclirml, .d whether 1. persons in 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 my of the Sellers or contractors officers, agents or employees. In case my suit or other proceedings shall be brought against the purchumn. or its officers, agents an employees at any time on account or by ree mn of any act, acten, neglect, omission or default of the Seller of any of his contractors or any of in or their officers, agents or employes as aforesaid, the Seller hereby agrees to assume the defense thereof.d to defend the same at the Sellers own expense, W Pay any and ell cooks, charges, attm eys fees and .the, expenses, any and all judgments that may be incurred by at obtained against the Purchaser or my of its or their offers. agents or employees in such suits or other proceedings, and in cone judgment or other lien be placed upon or obtained against the property of the purchaser, or said panes in or as a result of such suits or other proceedings, the Seller will at once cause the more to be dissolved and discharged by giving bond or otherwise. The Seller and his comments shall cake 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 limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued parmant thereto. Revised 03I2010