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HomeMy WebLinkAbout535541 BC OFFICE INTERIORS - PURCHASE ORDER - 9141932 (3)Fort Collins Date: 04/07/2014 Vendor: 535541 BC OFFICE INTERIORS 3800 WEICKER DR UNIT 3 FORT COLLINS CO 80524 PURCHASE ORDER PO Number Page 9141932 1of2 This number must appear on all invoices, packing slips and labels. Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS CO 80521 Delivery Date: 04/04/2014 Buyer: DAVID CAREY Note: Line Description Quantity UOM Unit Price Extended Ordered Price t Senior Center - Furniture Per bid #7604 dated 3/20/14 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 1 LOT LS 50,589.26 Tota I 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. COMMERCW.DUAIS. Tax exemptions. By statute lie City of Fort Collins is exempt from state and local taxes. Our Exemption Number is I I. NONWAWER. 9"502. Federal Excise Tax Exemption Certificate of Registry 84-6000 117 is registered with the Collector of Failure of the Porchatt to insist upon strict performance of the terms and eonditiora hereof, failure or delay to Internal Revenue, Deaver, Colorado (Ref Colorado Reviud Statutes 1973. Chapter 39-26, 114 (a). exercise any rights or remedies provided heeie or by law, failure to promptly notify rise Seller in the event of a branch, the acceptance ofor payment for goods hereunder or approval of the design, shall not micnse the Seller of Goods R jetted. GOODS REJECTED due to failure to meet specifications, either when shipped or due to de@ct, of any of the wamnties or obligations of this Incident order and shall not be deem i a waiver of my right of the damage is hound, may be romanced to you for credit and s , not to be replaced except upon receipt of written purchaser to insist upon strict pert ance Lermfor any of its rights or remedies as 0 my such goods, regardless irrshuctiom from the City of Fort Collinex of when shipped, received or accepted, as to any prior or subsequent default he riandes, nor shall my puryoncd nth modification or mcissim of this purchase order by the Purchaser optima, as a waiver of any of the temp Inspection. GOODS au subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in respmwe to Nis .,it,, can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fort Collins. Howeveq it is to be understood that FINAL Seller and the Purchaser recall that in actual economic practice, Overcharges resulting from antitrust ACCEPTANCE is dependent upon completion.fall applicable required ivpection procedures, violations are is fact home by she Purchaser. Theretofore, for good cause and a consideration for executing this punchau other, the Seller hereby assigns to the Purchaser any and all claims it may vow have or heeefkr Freight Tema. Shipments must be F.O.B., City of Fort Collins, 7W Wood St., Fort Collins, CO 80522, unless requited under federal or stem antitrust laws for such ovenharga relating to the particular goods or service otherwise specified on this order. Ifpermissitn is given to prepay freight scout charge separately, the original Freight purchased or acquired by the Purchaser pursumt to Nis purchase order. bill most accompany invoice. Additional dsarges for packing will not be accepted 13. PURCHASERS PERFORMANCE OF SELLERS Shipment Distance. Whew manutionnrtrs have points , various parts of the shipment is om,OBLIGATIONS. lithe Purchase, the Seller to current n Or d g.mbs by a leto be iiremd by the drati alma, and d from I the npeint to Jestinenon, and rxcmss freight will be deducmd from Invoice when expected tad, omgriatrir indmuing and t .Sells Purchaser thereafter bible comply. the Purchaser sinvbirryorilaleunwillingness.it,tohe and therk and the Selleryflo, Purchamay distance shipments ere made from greater distance. form ineri espetesditi Seiler Mind may cause the work to be performed by Ne moat apeditions means available to it, end the Salle slwll pay all to .Is associated with such work. required by all Pembhts. Seller shell procure at aellen axle cost all nmmsasry permits, ceterrito n ..it litical s laws, trammed and roles ofthe state, municipality, territory m Political subdivision where o The Seller shall release the and its contractors of any tier from all liability and claims of any camrt ka sayother the worknfird. r re gjinst illion over the work mnstlmlnd publicauthorityhriry havinand theendoc. ce orsucr faulting from the performmce*Truth work ellformederOgre to ecity of Fen Collins brimless from and against all and loss vendor. Seller fuller agues to hale the Ciry onbillry my s erred by them by reason of an asserted or aiblisM1ed violation of any such laws, regulations ordinances, roles in di This release shall apply even in the event of fault of negligence of the pray relrosed and shall extend m the and requirements. directors, .liars and employes ofsucM1 petty. Authorization. All parties to this contract agree that the representatives ore, in fact, bona fide and possess NII and complete authority to bind said parties. LIMpfATION OF TERMS. This Pombrim Order expressly limits acceptance to the corms and conditions stated herein set fond and any supplementary or additional lama and condition annexed hereto or incorporated herein by mfercnce. Any additional or dltfnect terra and conditions prapaaed by seller are objected to and hereby reported. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to anive on your promised delivery date as noted. Time is of the essence. Delivery and performance must be affinmd within the time stated on the pinches order tort the docnmenty attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver ofthis provision. In the event of any delay, Cie Purchaser shall have, m oddifion to other legal and equiabk remedies, the *piton ofplacing this order elsewhere and holding the Seller liable for damages. Howeveq the Seller shell nett be liable for damages as st result of delays due to ®uses not reasonably foreseeable which ere beyond its reasonable control and without its fault of negligence, such acts of God, acts ofcivil or milimry emhorities, governmental priorities, firms, strikes, rood, epidemics, wan or tors provided tit notice of the conditimw causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. hs the event of any such delay, the date of delivery shall be extended for Ne period equal m the lime actually lost by reaue Of the delay. 3. WARRANTY. The Seller warrants tlat all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples torpor other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and conference in acmrdance with sccepnd standards for work of a similar commit. The Seller agues to hold the pum ever harmless from my loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers branch ofwamnry. The Seller shall replace, repair or make good, without cosua the p ichaseq my defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terra of my applicable wacenly provided by the Sells, one, the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or are of goads by the Purchaser shall not consfimm is waiver ofeny claim under this warranty. Except as Otherwise provided in this purchase mdr, the Sell. liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or gum ormes, but such liability shall in no event include loss ofpn fits or Ins of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES INLEGAL TERMS. The Purchaser may make changes to legal terms by wdpen change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal tem n, including additions to or deletions from the quantities originally ordered in the specifications or unwinds, by verbal or wrium change order. If any such change affects the amount due or the time of performmce hereunder, on equitable w1jusment shall he made. 6. TERMINATIONS. The Purchaser may et any time by written change order, terminate this agreement as to any or all potions of the goods then not shipped, subject to my equitable edjmtment between the panda 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 and/or work, for incidental or consequential damages, it that no such adjustment be made in favor of the Seller with respat m any goods which arc Ne Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any option obligmar, as to any goads delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asocamd within thirty (30) days from the date the change err amri arm. is mitered 8. COMPLIANCE WITH TAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and banished in strict compliance, will, ell applicable laws and mgulatiom 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 incorporated in agreements of this character are hereby incorporated hertin by this reference. The Seller agrees to indemnify and hold the Purchase, harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neitherperty shall assign, transfer, or mnvey this order, or any ..at. due or to became due hereunder without the prior written consent of rim other party. 10. TITLE The Seller mrems fill, clew and unrestricted fide to the Purchaser for all equipment, materials, and items fumishcd in porrom morm of this agreement, tree and else, of any and all liens, resttefima, reservations, uenriry interest eaumb arm, and claims of others. The Sd lees conhxcmnl obligations, including warranty, shall not be deemed to be reduced, N any way, because such work is performed or called to be performed by the Purchaser. 14. PATENTS. Whenever It Seller is required to use my design, device, material or piaeu covered by letter, patent, trademark r copyright, the Seller shall indemnify and cents, bntmlm the Purchaser from my and all claims for infringement by reeun of the not of such patented design, device, material or process in comectum with the contract, and shall indemnify the Purchaser for any cost, expo m or damage which it may be obliged to pay by mason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any .it thereof err the intended use of the goods, is in such .it held to c... limit infringement and the use of mid equipment or part is enjoined, the Seller shill, at its own expo.m 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 nor infnnging equipment. or modify it sm it becomes no tinfr aging. 15. INSOLVENCY. If the Seller shall become insolvent or bankmpt, make an assignment for the benefit of inediion, appoint a receiver or mites, for any of the Sellers property, or bosinas, this order may fonowhth It canceled by lie Purchaser withoutliability. 16. GOVERNING LAW. The definitions ofterms used or the interprelaton of , agreement and the rights of all parties hereunder shall be combined umber and governed by the laws of the State ofCol.mdo, USA. The following Additional Conditions apply only in mans when the Seller is to perform work Instrument including the service of Sellers Repmunmtivc(s), on the pme isesofothera 12. SELLERS RESPONSIBILITY. The Seller shall carry an said work at Settees own risk until the same is fully completed and accepted, and shall, in e of any accident, destruction or injury to the work and/or mamrials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfretion of the Purchases When materials and equipment are punished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials motor equipment ware being furnished by the Seller under the order. OL 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, ondtor to their dependents in accordance with the laws of the state in which the work is m be done. The Seller shall also carry comprehensive general liability including, but not limited to, con ntrund and automobile public liabil it, inmr,mr, wi0n bodily injury and death limits of at 11.1$300,000 for any one person, $500,000 for any one accident and property damage limit per accident of 9400,000. The Seller shall likewise require his corrosion, if any, an provide for such compensated. and Insurance. Before any of the Sellers or his confixemm employees shall do any wmk upon the premisa of others, the Seller shall furbish the Pachaer with a certificate the, such compensation and in mence have been provided. Such ce tificams shall slimily the data when such compensation and insurance have ben provided. Such certificates shall specify the date when such compau.tion and insurance expires. The Seller agrees that such compensation and insurance shall be maintaincvl until miter the entire work is completed and .,,led. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire r.ponsLildy and liability for any end ell damage, loss or injury ofeny kind r nature whatsoever to persons or property mood by or resulting (rain the execution tribe work provided for m this purchase mall or in manecfioO berewitlic The Seller will indemnify and hold harmless the Purchaser and any or all of rise Purchasers; offittrs, agents and employes from and Opium any and all claims, lasso, damages, charges or expenses, whether direct or indirect, and whether to persons in property, to which tht Purchaser may be put or subject byre son of any act, action, neglect, omission or dofault on the pan of the Seller, any of his contractors, or any or the Sellers or contractors officers, agent or employees. In case any suit or other pmceedings shill be brought against the Purchaser, or its officers, agents or employees at any time on account Or by reason of any act, action, neglect, omission or default of the Seller of my of his contractors or any of its Or their officer, agents or employees as aforesaid, the Seller hereby agrees to assume the defame thereof and to defend the same at the Sellers awn expense, to pay my and all casts, charge, inum em fas and other exponents, any and all jud@ nifir that may he intoned by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and N rare judgment or other lien to p1axA upon or obtained against the property of the Purchaser, or said panica in or re a result of such suits or other proceedings, the 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, Furnish and install all gourds necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Ocmpeti... I Safety and Health Act of 1920 and all cola, and regulations issued punmat Noma*. Revised 03nO10