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HomeMy WebLinkAbout117101 VISION GRAPHICS INC - PURCHASE ORDER - 9141676 (2)Fort Collins Date: 06/04/2014 Vendor: 117101 VISION GRAPHICS INC 5610 BOEING DR LOVELAND CO 80538 PURCHASE ORDER PO Number Page 9141676 1012 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: 03/20/2014 Buyer: DAVID CAREY Note: Line Description Quantity UOM Unit Price Extended Ordered Price 3 Addendum to PO #9141676 New file, new plotter proof (req 47445) 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:purchasingo@fcgov.com 1 LOT EA 116191I01 it-1.x1A1 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. COMMERCIN.DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt form state aal local axes. Our Exemption Number is 98- 4502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Sound Revenue, Denver, Colorado (Ref. Colorado Revised Staten. 1973. Chapter 39-26, 114 (a). Good Rejected. GOODS REJECTED due to fm'lure to meet specifications, either when shipped or due to defecs of damage in ffunsit may be renumd to you for .Twit and are not to be replaced except upon receipt of write. inshuerions from the City of Fort Collins. Inspection. GOODS ate subject to the City afford Collins inspection on arrival. Fiat Acceptance. Receipt of the merchandise, servicts or equipment in response to this order can result in authoned Payment or the pan of the City of ran Cclbrpx. However, it is or be understood rbar FINAL ACCEPTANCE is depemlem upon mmplelion of all applicable required inspection procedures. Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St, Fort Collins, CO 80522. unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight bill musr accompany invoice. Additional charges far packing will not be accepted. Shipment Distance Where manufacturers have distributing points in cartion pans of the country, shipment is expected train the nearest distribution point to destination, and excess Freight will be dedamd limn Invoice when shipments am made Dom grwm, distance. Permit. Seller 'ball pmram ;if sellers sole cost all necessary permits, cetificuma and licenses metered by all tppfcahle laws, mgultunns, ordinances and roles ofthe state, municipality, territory or political subdivision where the work is pedbmmd, or required by any other duly cnns0uted public authority havingjtd'dicli.t over the work of vends. Seller Pother ngmr, to held the City of Fon Collins hapless form and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rates and requirement. Authorization. All panics m this contract agree that the re,c,oam ovs are, in fact, bona tide and possess full and complete auhoriry to bind said panics. LIMITATION OF TERMS. This Purchase Or expressly limits acceptance to the terms and conditions stated herein set both and any supplementary or additional mars and conditions annexed here. or incorporated herein by reference. Any additioal or different mars, real coalitions proposed by seller are objected. and hcmby rejected. 2. DELIVERY. PLEASE. ADVISE PURCHASING AGENT immdimety ifyou cannot make complete shipment to office on your pmmisd delivery d re as noted. Time is of me essemx. Delivery and performance much be effected within the time stated on the pachtse order aal the slocumms 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 army delay. the Purchaser shall have, in addition to other legal and equitable readies, the option ofplacing this order elsewhere and holding the Seller liable for damages. However, me Seller shall not be liable for damages . a result of delays due to comes sat pably foreseeable which are beyond its reasoable control and without it fault of negligence, such acts of Card, act of civil or mi lilary authorities, gi merman ntal priorities, fires, makes. flood, epidemics, wars or Tots provided that notice of the conditions causing such delay is given to the Purchaser within live 15) days of the time when the Seller first received knowledge there[ In the event of any such delay, the time of delivery shall Lee extended for the period equal to the time annually last by reason of the delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this order will conform with ap,la,.b1, drawings, xwrif micar, samples ..,,Via other descriptions given, will be fir Car me purposes n%nded, and performed with the highest degree of care and comishence in accordance with accWled standards for work of a similar nature The Seller agrees to hold the purchaser hapless from any loss, damage or .pent/ which the Purchaser may suffer or incur on account ofthe Sellers breach i f warranty. The Seller shall replace, repair m make gaud, without cast to the purchase,. any defect or fault arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms ofany, applicable warranty provided by the Seller alter the date of acceptance office good fumishd hereunder hompmnce not to be unreasonably delayed), resulting from imperfect or detective work done or materials furnished by me Seller. Acceptance or use of goods by the Pmilsomr shall rent constitute a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damage, proximately canned by the breach of any ofthe foregoing warmoi, or gu rota ces, but such liability shall in no event include loss ofpmfits or loss of uv. NO IMPLIED WARRANFY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to Iega1 rams by... change order. 5. CHANGES IN COMMERCIAL URNS. The purchaser may make any changes to the tomes, other than legal reps, including subhuman to or deletions tram the quantities originally ordered in the sperifcaions or drawings, by comil or written change order. If ay such change affect, the amount due or the time of performance herewdev an ryuitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change We,, mm'iate this agreement as to any or all portions of the good then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profit on the uncompleted Portion of the goods raper work, for incidental or consequential damages, and that no such adjustment be mode in favor of the Seller with respect. any goods which are the Sellers standard stock. No suclt termination shall relieve the Purchaser or the Seller crony of their obligations as to any goods delivered hereunder. ]. CLAIMS FOR ALL US] MENT. Any claim fur adjustment most be asserted within thirty (30) days from the date the charge art temorshion is ordered. B. COMPLIANCE WITH LAW. The Seller common that all gods sold hereunder shall have been produced, sold, delivered and fumishd in stria compliance with all applicable laws and regulations to which me good are subject The Seller shall execute and deliver such document . may be required to effect or evidence compliance. All laws and regulations required to he incorporated in agreements of this clum or are hereby mroryomted herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless Item all cost and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither Racy, shall ¢ssi,.. trmtfe . or Gamey mix order, or any monies due or. become due hereunder sifted the Met wines consent ofthe other parry. 10. TITLE. The Seller warrant full, clear and uaesticted title to the Purchaser for all equipment, moteiats, ed items famished in pufoprux of this agreement, I. and clear of any and all liens, restrimitm, .,a., seemly interest encumbrance, and claims o f others. 11. NONWAIVER. Failure of the Purchaser to insist upon strict Performance of the tams and conditions hereof, failure or delay. y Lights or ms provided herein or by law, failure th to promptly notify the Seller in e event of Fourth, cemy acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller of any of the xamnties or obligations of this purchase order and shall not be deemed a waiver of my right of the purchaser to insist upon scrim performance h merfor any of in rights at remedies as to any such good, regardless of when shipped, received or accepted, as to any prior at subsequent default hereunder, nor shall any puryond oral modlfimtion or rescission of this purchase order by the Purchaaer operate re a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, o ershm es resulting from repiutsr violations are in fact home by the Purchaser. Theretofarc forgoodmuse and as emandemtion for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or Im eafler acquired under fderzl or state aniisuv laws for such overcharges relating to the particular good or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to correct nonconmping or defective good by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be pvarrormed by the most expeditious means available to it, and the Seller shall pay all costs associated with tech work. The Seller shall mlease the Purchaser and its mnrtaors of any tier tram all liability and claims of any nature resulting from the performance of such work. Phis minor shall apply es to in the event of fault of negligence of the party released and shall extend to the directors, oRcers and employees of such parry. The Seller's comractual obligations, including warranty, shall not be Jcemed 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, desire, material or process covered by letter, patent trademark or copyright the Seller dull indemnify and sore hared. the Purchase, form any aal all claims for infringement by reactor of the use of such pmmted design, device. material or process in connection with the contract, and shall indemnify me Purchaser for any not, expense or damage which it may be obliged. pay by reasov of such infingement at my time during the prosecution or alter the completion of the work. In case said equipment, or any pan thereof or the amended me of the goods, is in such suit held . consulate inf na mitten and the use of said equipment or Isms is enjoined, the Seller shall, at in own expense and at in option, either procure for the Purchaser the fight to continue using said equipment or Pans, replace the same with substantially equal bat noninfringing equipment, or modify it W it brcames noninfringing. 15. MSOLVENCY. If the Seller shall become insolvent or bankrupt, make on assignment for the benefit of creditors, appoim a receiver or trustee for any of the Sellers property or business. this order may forthwith v canceled by the Purchaser without liability. Its. GOVERNRJG LAW. The def nitipns fterms usd in the intapremtion critic agreement and the rights of oll parties hereunder shall be construed under and governed by the laws ofthe State ofCalorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work heretmdev including the services of Sellers Representative(,), oa the premise uf.ths, O. SELLERS RESPONSIBILITY. The Seller shall carry W said work. Seller's own ink until the same is fully completed and structure, and shall, in v of any accident destruction or injury to the work maker materials before Seller's rival completion and acceptance, complete the work at Seller's own expense and to the satisfaction of me Purchaser. When materials and equipment are burnishre by ofees for installmiun or erection by the Seller, the Seller shUl receive, unload, store and handle same at the site and become responsible therefor as though such materials and'or equipment were being fmished by the Seller under the order. its. INSURANCE. The Seller shall, at his own expense, provide for the payment of .it. compensation, including occepational devise benefit, . is employees employed on or in connection with the work covered by this purchase oiler, and'ono their dcpendm¢ in accordance with the laws critic sure in which the work is to be done The Seller shall also many comprehensive general liability insluding, but not limitd., contractual real automobile public liability insurance with bWily injury and death limit ofat least $30R." far any one person, $500,000 for any one accident and property damage limit Per accident of S400,0g0. The Seller shall likewise require his coneracron, if any, to formula for 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 cortifinde that such compensation and insumnce have been provided. Such certificates shall specify the dare when such compensation and insurance have been provided. Such cetif cut. shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained omit alter he entire work is completed and accepted. 19. PROI ECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes he entire responsibility and liability for any and all damage, loss or injury ofany kind or nature whatsoever to persons or property caused by art resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indenmi ry and hold hapless the Purchases and any r all of the Purchasers effect, .,,no and employees from and against any and ail claims, losses, damages, charges or expenses, whether direct or indirect it whether. permits m property. which the Pumhaser may he put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contracmm o0icers, agents or employees. In mo, any suit or other proceedings shall be brought apimuhe Purchaser, or its officers, agents or employees an any time on account or by reason of any act, anion, neglect, omission or default of the Serer of nor of his contractors or any of is or their officers, agents or employees on i force id, the Seiler hereby agrees .assume the defense thereof and to defend the same at the Sellers own expense, to Pay any and all ass, vinegars, impurity, fees ant other expenses, any and all judgmrns that ray be htcured by in obtained against the Purchase, or any of is or their, oRcers, agents or employees in such suit or other Proceedings, and in case judgment or other lien be placed upon or obtained against the property off, Purchaser, or said pant. in or as a result of such suit or omen porcereings, the Seller will at once cause the same en he dissolved and discharged by giving bond or ommriss. The Seller and his contractors shall take all safety promotion, famish end insmll all guards necessary for the preventiom of accident, comply with all laws aal regulations with regard to s ifery including, but without limisip, me Occupational Safety and Health Act of 1970 and all miss and renetaion issued pursuant therero. Revised 032010