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HomeMy WebLinkAbout533503 BREWTYME VENDING & COFFEE - PURCHASE ORDER - 3214395Fort Collins PURCHASE ORDER Date: 05/21/2014 Vendor: 533503 BREWTYME VENDING & COFFEE 2334 W 45TH ST LOVELAND CO 80538 Date: 05/20/2014 PO Number Page 3214395 1of2 This number must appear on all invoices, packing slips and labels. Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS CO 80524 Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2014 MISC 1 LOT LS 5,000.00 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.mm Total Invoice Address City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 rchese Order Terms and Conditions Page 2 Of 2 1. COMMERCIALDETAILS. Tax exemptions. By smWm the City of Too Collins is exempt Even state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purohmer to insist upon snort performance of the terms and conditions hereof, failure or delay, to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Sramtes 1993, Chapter39 26, 114 (a). exercise any nulls 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 offer design, shall not release Ne Seller of Goods Rejected. GOODS REJECTED due to failure to meet specificamme, either when shipped or due to defects of any of the waranties or obligations of this purchase order and shall not be deemed a waiver of any right of the daram, in trans, may be rumored to you for credit and are not to ha replaced except upon formal of written parehaser to insist upon strict prnormana hereof or any of its rights or remedies as an any such goods, regardless numerous, Gom the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of Ne trams Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can r esult in 12. ASSIGNMENT OF ANTITRUST CLAIMS. montrecal payment on the part of the City of To, Collins, However, it is to be understood thatFINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting tram antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedure. violations are in fact home by the Purchaser, Theremfore,far good cause and as consideration for eacraft g this purchase order, the Seller hereby assigns in 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, Port Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. Ifpmanisson is given to prepay freight and charge separately, the onginal height purchased or required by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS ODg Shipment have diso-lbun, ports of he asn int,excess debilitygoods bygness date to beagrede upon lnum ect or defective Fat reight dowed from whet and expected point to destination, and excess Geighl will be ddoded frotin Invoice when ar.hce.Wl¢rcmanufion p.i the nearest Pubmathe adtenoeor its inability or unwillingness m comply, the Purchmel rho Seller, and the Sellerry indicates its Purchaser and the thereafter new mater shipments are meda from greater dlsmnce. great,, ins, .sand may cause Ne work to be performed by the most expeditious means available m it, end the Seller shall pay all the coast wsix associated with such work. Permits. Seller shall procure sellers sole cast all necessary permits, all wr mts and licenses required w red y. political subdivision where applicable laws, regulations, ordinances and roles of the state, municipality, tertymry The Seller shall release fee and its contractors of any tow form all liability and claims of any Datum public authority end g ainst allion over the work is performed, or required by any other duly in ce of such resulting from the performance of such work. Fort Collinsed liability and loss of.carob Seller agrees to hold the City of Pon CoHarmless from and against loss of byfurther ns, ried by from by memo of an asserted or established violation of any such laws, regulations, ordinances, ales yeas This release shall only even e, the event of fault of negligence of the pony released and shall extend to the and regmiremenls. directors, officers and employees of such pony. Authorization. All parties to this contract agree that the repreeenmlives are, in fact, bona fide and possess full and The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because complete authority to bind said parties such work is performed or caused to be performed by the Purchaser. LIMITATION OF TERMS This Parelhase Order expressly limits acceptance to the terms and conditions stated Lucia set bath and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different lams and conditions proposed by seller are objected to and hereby jedd. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immdiately ifyou ,..at make complete shipment to arrive on your promised delivery date as noted. lime is of the essence. Delivery and performance muse be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without tmitdon, wave ceofpartial late deliveries, shall operate as a waiver ofthis provision In the event ofany delay, the Purchaser shall have, in addition to mme, legal and equitable remedies, the option of placing this order elsewhere and holding 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 reasonable control and without its fault of negligence, such acts afford, acts of civil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or oafs transport that notice of she conroo a. causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the even, of any such delay, the date of delivery shall be extended for fee period eq.I in the time actually last by reason of the delay. 3. WARRANTY. The Seller wanents that all goods, articles, materials and work covered by this order will cone ram with applicable drawings, specifications, samples and/or other descriptions given, will be It, for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar natures The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach infraction, The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults dosing within one (1) year or within such longer period of time as may be preseobd by law or by the terms ofany applicable wananly provided by the Seller after 'he date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting farm imperfect or defective work done or materials Pomishd by the Seller. Acceptance or use of goods by the Purchaser shall rim ansf fang a waiver of any claim under this stationary. 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 tears by wrlmeo change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchacrmay make any changes toms the terms, other than legal ter, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or women change order. If any such change effects the amoral due or the time ofperfotmance 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 me parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims far anticipated profits on the anon, lad ponion office goods and/or work, for incidental or consequential damages, and thin no such adjustment be made in favor of the Seller with respect to any goods which are me Sellers standard stock. No snob termination shall relieve the Purchaser or the Seller of any of their obligations as many goods delivered hereunder. 0. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days Gum the dare the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and fumishd 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 to effect or evidence compliance. All laws and regulations required to be interconnect] in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to ordinarily and hold the Producer harmless Gam all costs and damages suffered by the Purchaser as a result of the Sellers failm, to comply wire such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without he prior wrinen consent fthe other parry. 10. TITLE. The Seller warrants bill, clear and unrestricted title to the Purchaser for all equipment, materials, and items fumishd in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reamn of the me of such patented design, device, material or process in connection with the coolant, and shall indemnify the Purchaser Corony cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any part thereof or the intended use of the goods, is in such suit held to constitute infringement and the mse of said equipment or part 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 the same with substantially equal but noninfiinging equip rma, or modify it so it becomes noulnfnWing. IS. INSOLVENCY. If the Seller shall become insolvent or haNmp, make an assignment for the benefit of..dima, appoint a receiver an or trustee for y of the Sellers property or business, this order may fonhwitM1 be canceled by the c Pu haser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the rights ofall parties hereunder shell be construed 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, reeled, the services of Sellers Represeolaove(s), oa me premises of.does- IZ SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in se of any accident, destruction or injury to the work harbor materials before Sellers final completion and imitative, complete the work at Seller's own expense and he the satisfaction of the Purchaser, When nostrums and equipment me famished by afters for installation or motion by the Seller, the Seller shall receive, unload, store and handle same at the site and became responsible therefor as though such materials sector 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 compensation, including occupational disease benefits, b its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of me stale is which the work is to be done. The Seller shall also carry comprehensive fended liability including, but not limited to, conhacteal and automobile public liability insurance with bodily notary and death limits of at least $300,000 for any one person, $500,000 for any one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his conametors employees shall do any work upon tee premises of others, the Seller shall famish me Purchaser with a certificate that such compensation and mourmnce have been provided. Such certificates shall specify die date when such compensation and insurance have been provided, Such certificates shall specify the date when such compensation and insurance expires. The Sella agrees that such compensation and insurance shall be maire fined until after, the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby aseunhes the entire responsibility and liability for any and all damage, loss or injury of any kind or nature ahatsoevsr to persons or property caused by or resulting from the execution ofthe work provided for to this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, agents and employces from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to person or property to which the Purchaser may be put or subject by reamn of any act, action, neglect, omission or defauh on the pent of the Seller, any of his contractors, or any of the Sellers or commemse officers, agents of employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees of any five on account or by reason of any act, action, neglect, omission or default of the Seller of any of his committees or any of its or their officers, agems or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expertise, to pay any and all Gals, charges, moneys fees and other expenses, any and all Potentials that may be incurred by or obmind against Or Purchaser or my of its or their officers, agents or employees in such no, or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchase, or said parties in or as a result of anch 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 contractors shall take all safety prewntiortis, Cumish and install all guards necessary for the prevention of accidents, comply with all laws and regulations wom regard to safety including, but without limitation, Ne Occupational Safety and Health Act of 1970 and all rules end regulations issued pursuant thereto. Revised 03I2010