HomeMy WebLinkAbout330106 MARY HARNETT - PURCHASE ORDER - 9143025City of
For_t Collins
PURCHASE ORDER
PO Number Page
9143025 1o12
This number must appear
on all invoices, packing
sli i and labels.
Date: 06/03/2014
Vendor: 330106 Ship To: LINCOLN CENTER
MARY HARNETT CITY OF FORT COLLINS
4028 CHERRY HILLS DR 417 W MAGNOLIA
FORT COLLINS CO 80524-9520 FORT COLLINS CO 80521
Delivery Date: 06/02/2014 Buyer: PAUL, GERRY
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
I APP 2014 Piano Project
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.mm
1 LOT LS
C:I.0dQ1]
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Tempts and Conditions Page 2 of 2
I. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt from some and Taal taxes. Our Exemption Number is
98-04502. Federal Excise Tox Exemption Certificate of Registry 84-60NS82 is registend with the Callmor of
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Saetes 1923. Chapter 39-26. 114 (a).
Goods Rejected. GOODS REJECTED due to failure m meet spaifwtions, either when shipped or due to defects of
damage in transit, tray be mtumed to you for credit and are owl to be replaced except upon receipt of written
instructions from the City of Fort Collins.
Inspection. GOODS are subject to the City of Too Collin facilitation on anival,
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in
authorized payment on the pan of the City of Fort Collins. Howesa, it is to be understood that FINAL
ACCEPTANCE is dependent upon completion ofall applieble requited inspection powerhouses.
Freight Terns. Shipments mesa be F.O.D.. City of Fiat Collins, 700 Wood Sx, Fort Collins, CO 80522, unless
otherwise specified on this or If permission is given to prepay freight awl charge wpvatcly, the original freight
bill most xmompany invoice. Additional clarg. fir Packing will rot be accepted.
Shipment Declare. Where ass ufazwters have distributing points in Ifi. parts of the country, shipment is
expected from the nwmt distribution point to d.tiasoion, ard excess freight will Ise deducted from Invoice when
shipments are made from gamer distance.
Permits. Seller shall prucmm at sellers sole cost all nwesuary permits, robberies and licenses requirM by all
applicable laws, regulations, ordimnus and miss of thc sate, municipally, forms, or political sailidurhic.where
the work is performed, or required by any other duly eonstimted public vuthony hav apporsbrom, over the work
of vetulor. Seller further agrees to hold the City of Fact Collins harmless cam and against all liability ard loss
incurred by them by reason of m asserted or established violation of any such laws, regulations, ordiseaces, rates
requirements.
Authorization, All parties to this contract agree that the aquessnlatives are, in fact, bona file and possess full and
omplete auffir y a bind said laniem.
LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terms and conditions sated
herein set forth and any supplementary or additional fonts and conditions annexed hereto or incorporated herein by
reference. Any adddional or different terms and smiditions...... ad by seller arc objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENTimmediately ifyou cannot make complete shipment to arrive on your
promised delivery date as amid r Time is mf file essence. Delivery and perfonnsnce must be effected within the time
stated on the purchase order and the documents attached hereto, No acts of the Purchases including, without
limusion, acceptance of pmiA late dellvcries, shall operate n a waiver of this provision. In the event ofany delay,
the Purchase, shall hmr,, in addition a other legal and equitable remedies, the option ofplacing 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 nor reasonably foreseeable which are beyond its reasonable control and without its fault of negligence,
such acts oFG.d. acts of civil or military onthorities, gnvemmer al priorities, Gres, strikes, food, epidemics, wars or
dots prmided that notice ofilm 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 of the delay.
3. WARRANTY.
The Seller warrants that all goad, onicles, materials and work covered by this order will enchant with applicable
drawings, specifications, samples unfair 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
similar were. The Seller agora. to hold the purchaser harmless from my loss, damage or expense which the
ea
sy ay suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repay or make
good, without cost to the pumiawq any defects or faults arising within one (1) year or within such longer period of
time. may be possurbcd by law or by the to. of any applicable warrebty provided by the Seller idler the date of
acceptance of ire goods Burnished hereunder (zesselso ce not to be me.mbly delayed), resulting from imperfect
or defective work done or ma¢riak fumishcd by the Sella. Acceptance or use of goods by the Pmchmer shall not
constitute a waiver of any claim under this wanany. Except. otherwise provided in Nis purchaw not the Sellers
liability herrennder shall extend to all damages proximately cased by the breach of my of the foregoing warranties
or guarantees, but such liability shall in ma event include loss of profits or loss of use. NO IMPLIED WARRAMY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make change so legal toms by wham change maker
5. CHANGES IN COMMERCIAL TERMS.
The Parchawrmay me an aky stooges to ttomha Ow toms. he, tn legal seen, including additio or deleti s, from
the quantities originally ordered in than specification or drawings, by vernal or wirmen change major. If any such
chance aRects the amount due or the time ofperfonmance hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchasemay at any, time by written change under, mrotimate this agreement az to any o all portion of be
goods then not shipped, subject to any equitable adjustment between the parties as; to any work of materials then in
progfess provided that the Purehmcr shall not be liable for any claims for anticipated profits on the uncompleted
Portion of the goads aMour work, for incidental or consequential damages, and that no such adjustment be made in
favor of the Seiler with respect t. any goals which are the Sellers standard stock. No such terminator shall relieve
the Purchaser or the Seller of any oftheir obligations as to any goods delivered hereunder.
0. CLAIMS FOR ADJUSTMENT.
Any claim for edj.tment must be asserted within thirty (30) dap from the date the change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all guards sold hermnder shall have been produced, sold, delivered and famished 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
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 and damages suffered by the Purchaser not a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither parry shall assign, transfer, or convey this order, or my monies due or to became due hereunder without the
prior written cotsmt of the other parry.
10, TITLE.
The Seller warrants full, clear and unrestricted title to the Purchaser for all cemparml, materials, and items famished
in performance of this agreement, free and clear of any and all lies, restriction, tewervauons, secuny, inter.[
rneumbranc. and claims ofothers.
11. NONWAIVER.
Failure of the Purchaser in insist upon strict performance of the terns and conditions hereof, failure or delay to
exercise any rights 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 ofbc design, shall not whow the Seller of
any of the warranties or obligations of this purchase order and shall not he deemed a waiver of my right of the
purchaser to insist upon strict performance heeofor my of its rights or remedies az to any such goods, regardless
of when shipped, received or accepted, as to any prior or subsequent &fault hereunder, nor shall any purposed
oral modification or rescission of this parch. under by the Purchaser operate as a waiver of any of the corms
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller anal the Purchaser ..,at. that in .1.1 economic practice, o'crcharga resulting firm sntirrost
violations are ies fact borne by the Purchaser. Theretofore, far good cause and as consideration for exe rmng this
Paribas, order, the Seller hereby sssign to the Purchaser any and all claims it may now hour, or hereafter
acquired order federal or sate antirrust laws for such overcharges relating to the particular goods or services
purclvucd or acquired by the Purchaser pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If be Purchaser chances the Seller to correct coricanf ing or defective good by a date to be agreed upon by the
Parchsser and the Seller, and the Seller thereafter indicates its inability or wrwillingness to comply, the Purchaser
may cause to work to to performed by the most expeditious means available to it, and the Seller shall pay all
costa associated with such work.
The Seller shall release the Purchuer and its contractors of any tie Tram all liability and claims of any assure
resulting Item the performance ofsuch work.
This release shall apply even in the event of fault of negligence of the parry released and shall extend to the
directors, officers and employees ofsuch parry.
The Sellers contactual obligation, including warranty, shall ram be, deemed to be reduced, in any, way, because
such work is performed or.uwd Is be perf ro ed by the Purchaser.
14. PATENTS.
Whenever she Seller is required to use any design, device, mammal or process covered by loner, Patent, medmant
rop,,h%she Seller shall indemnify and save bro less she Purchaser from any and oil claims fur, inrrngemenr
by reason of the use of such patented design, device, material 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 after the completion of the work. In caw said equipment, or
any pan thereof ar the amended use of the goods, is in such suit held to constitute infringement and the use of
said equipment or pan is mijamed, the Seller shall, at its awn expense and at its option, either procure for the
Patch.... the right our continue using said equipment err parts, «place the some with substantially equal but
noninfn'nging equipment, or modify it so it becomes noninfringing.
15. INSOLVENCY.
If the Seller shall become insolvent or bankmpt make an assignment for the benefit of creditors, appoint a
receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The defnibo.s of terms used or the interpretation of the agreement aml the fights of all parties hereunder shall be
construed under and governed by the laws addle Sate ofColomdo, USA.
The following Additional Conditions apply only in cases where the Seller is a perform work hereunder,
including the services of Sellers Represmative(s), on to premises ofodcm
17. SELLERS RESPONSIBILITY.
The Sellershall .ray oa said work at Sellers own risk until the same is fully completed and atioln d, and shall,
to see of any accident, destruction ar injury to the work mod/or maermD befrm Sellers final complermis and
acceptance,.,.' a the work m Sellers own expense andto the satisfaction of Ns, Purchasm. When nationals
and equipment arc famished by others fro installation or erection by the Seller, the Seller shall receive, unload,
store and handle same at the site and become responsible therefor as tough such materials and/or equipment
were being famished by the Seller under the order.
18. INSURANCE.
The Seller shall, in his own expense, provide for the payment of workers compensation, including occupational
disease benefits, Ira its employees employed on or in connection with the work coveted by this purchase maker,
and/or to their depend.ts in accordance with the laws of lot tau r in which the work is to b, done. The Seller
shall also carry comprehensive general liability, including. but not limited h, contactual and automobile public
liability inam nee wink buddy injury mod dens limes of or least SJW JtW for my one pe—on. S500. for any
one accident and property, damage limit per accident of S400,030. The Seller shall likewise require his
commemers, many, to provide for such com senwtion and insurance. Before any of the Sellers or his contractors
employees shall do any work No the premiss. of others, the Seller shall banish the Purchaser with a certificate
that such comprmntion and insurance have been provided Such ceaif.ls, shall specify es, date when such
compensation and insurance have been provided. Such certificates shall specify the date when such compensation
and iesutance expires. The Seller agrees that such mmpe.mion and insurance shall Ix maintained .,it moor the
emits, work is completed and scripted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes, the entire responsibility and liabilityfor my and all damage, loss or injury of my kind
or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any
cr all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages,
harges ar -fwa a, whether direct or indirect, and whether to persons or .... troy to which the Purchaser may
be put or subject by reason of any act, action, neglect, omission or default on the part of the Seller, my of his
contractors, or any of the Sellers or contractors officers, agents or employees. In case my sour or other
proceedings shall 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 cornmemrs or any of its or
their officers, agents or employees n aforesaid, the Seller hereby agrees to assume the defense thereof and to
defend the same at the Sellers awn expense, to pay any and all costs, charges, anomeys fees and other expenses,
any and all judgments that may be incurred by or obtained against the Purchaser or my of its ar their officers,
agents or employees in such suits or other proceedings, and in caw judgment or other lien be placed upon or
obtained against he property of the Purchaser, or said parties in or as a result ofsuch 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 prerraf ions, famish and inall all gam& na.sary for the prevention of
accidents, comply with all laws and regulations with regard to safety including, but without limitation, the
Caricatured Safety and Health Act of 1970 and all rules and regulation issued pursuant thereto.
Revised 03R010