Loading...
HomeMy WebLinkAbout526578 CLIC COOPERATIVE PURCHASES - PURCHASE ORDER - 9143115Fort Collins PURCHASE ORDER Date: 06/04/2014 Vendor: 526578 CLIC COOPERATIVE PURCHASES 7400 E ARAPAHOE RD SUITE 75 CENTENNIAL CO 80112 PO Number Page 9143115 1o12 This number must appear on all invoices, packing sli s and labels. Ship To: PUBLIC LIBRARY (MAIN) 201 PETERSON ST FORT COLLINS CO 80524-2990 Delivery Date: 06/04/2014 Buyer: DAVID CAREY N ote: Line Description Quantity UOM Unit Price Extended Ordered Price t Inv.# C2544 july2014-June2015 1 LOT LS 10,609.00 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.com Total $1 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 L COMMERCIAL DETAILS. Tax exemptions. By sumte the Ciry of Fort Collins is exempt Rom stare and Iond taxes. Our Exemption Number is 11. NON WAIVER. 98-04502. FWeal Excise Tax Exemption Codificam of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the tern¢ and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref Colorado Revised Stamta 1973. Chapter 39-26, 114 (a), 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 far goods hereunder or approval ofthe design, shall rwtrelease the Seller of Goods Rejected, GOODS REJECTED due to failure to meet spaificaoiom, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage an tra ant, may be rammed to you for credit and ware not to be replaced except upon receipt of wrien pmbhw to insist upon smm performance herenfor any of in rights or remedies as to any such goats, regardless instructions from the City of F'on Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any paponed anal modifcatian or macission of this purchase order by the Purchaser operate as a waiver of any of the revels Inspection. GOODS art subject at the City i f Fon Calkers inspection On amval. hereof. Final Acceptance. Receipt of the merchandise, smices or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. Iloweva, it is a be understood that FINAL Seller and the Purchaser recognize that in actual ecomarraid practice, ovamhaga resulting from aOl,.t ACCEPTANCE is dependent upon completion ofz11 applicable required inspection prwcdems. violations art in fact home by the Purchaser. Theremforenfor good caul and as co sldernme. for executing this Purchaser order, the Seller hereby aunties to the Purchaser any end all claims it may now have at hereafter Freight Tenn. Shipments most he F.O.M. City of Tom Collins, 700 Wood St. Fort Collin, CO 80522, unlm acquired under fcdeml or state antitrust laws for such overcharges relating to the particular goods or smica Otherwise specified on this order. If,omission is given to prepay freight and charge morn ly, the ongioal freight peacha ed or acquired by the Purchaser pursuant to this purchase order. bill most accompany invoice Additional charges for Packing will not be accepted. 13. PURCI LASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is If the Purchaser directs the Seller to merest norudiffmming or defective goods by aelm to be agreed upon by the expected from the nearest distribution its ro destination, and excess freight will be deducted from Invoice when Purchaser and the Seiler, and the Seller thereeRa indictees its inability or unwillingness to comply, the Purchaser shipments are made from greater distance. may cause the work to be performed by the most expeditious means available to i,, and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sale cost all necessary permits, certificates and licenses required by all applicable laws, regulations, oft innmees and tales of the same, municipality, ternary or political subdivision where the work is performed, or required by any other duly constituted public authonty having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fiat Collins harmless favor and against all liability and loss incurred by then by reason of an assened or established violation of any such laws, regulations, ordinances, rates and orquosineum, Aorhoaiaaion. All parries to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority m bind allpanics. LIMITATION OF 'I TAMS. 'Phis Purchase Order expressly limits acceptance to the terms and conditions stated herein act forth and any eti,lcme nary err additional tcmts and conditions annexed hereto or incorporated herein by reference. Any additional or different mrns and conditions proposed by seller are objected to and hereby rejecled. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENTimmediately tryst cannot make complete shipment or arrive on your promised delivery date as noted. lime is of the essence. Delivery and performance most be effected within the time stated on the purchase order and the documents mmched hereto. No acts of the Purchasers including, without Invitation, acceptance of partial late didivedes, shall Operate as a waiver of this provision In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seiler liable for dmnages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond it everanable control and without it fault of negligence, such act of God, act ofcivil or military authorities, governmental priorities, fires, strikes, Rood, epidemics, wars or not provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller fro received knowledge therm,, 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 nfhe delay. 3. WARRANTY. The Seller warants nor all goods, articles, materials and work comend by this order will currant with applicable closings, specifications, samples andor other descriptions given, will be fit for she purposes intended, and Performed with the highest degree of care and exmpetence in accordance with occasioned m ¢lords for work of a similar nature. The Seller agates to hold the purchaser harmless turn any loss, damage or expense which the foregoer may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or fault arising within One (1) year or within such longer period of time as may be presented by law or by the tarns ofany applicable warranty provided by the Seller age, the dam of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), reading from imperfect or detective work &ae or materials fumhM1ed by the Seller. Acceptance or are of %ocd by the locations, shall not onsi irate s waiver of any claim under Nis wrimnty. Except as Otherwie prodded in this purchase river, the Sell — liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing waramles or guarantees, but such limit Try shall in no event include loss of profils or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILIT Y OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL PERMS. The Purchaser navy make changes to legal terms by written change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terns, other than legal terns, including additions to or deletions from the crantlties originally enteral in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the lime Of performance hereunder, im ,.liable adjustment Shall be made. 6. TERMINATIONS. The Purchaser may at any time by writer change aide, terminate Ihis agreement as On any or all pool.- of the goods then not shipped, subject in any equitable adj lament between the ponies as to any work or materials then in progress provided that the Prrchaser vhall nrl be liable for any claims for anticipated profit on the meompgered pamon of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goads which are the Sellers trsn&rd stock. No such hermimation shall relieve the Purchaser cur the Scller of any of their obli, bolo as to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTM ENT. Any claim for ndjunment must be assured within thirty (30) days from the dale the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goons sold hereunder shall have been produced, sold, delivered and furnished in smut compliance with all applicable laws and regulation to which the goods are subject The Seller shall execrate and deliver such documents as may be required to effect or evidence compliance. All goes and regulatory required m be ncorporated in agreement of this character are hereby incorporated herein by Nis reference. The Seller agrees to indemnify and hold the Purchaser hamlres from ell cosy and demaga suffered by the Purchaser as a result of the Sellers failure m comply with such I.W. 9. ASSIGNMENT. Neither party shall aseign, tmasfer, or convey this order, or any monies due or to become due hereanda r wihom the prior written consent afthe other party. 10. TITLE, The Seller watrdns full, clear and committed title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all liens restrictions, reservations, securely interest encumbrances and claims of others. The Seller shall release the Purchaser and its sumoremrs at any lice from all liability and claims of any nature resulting from the permarrmce ofsuch work. This release rhall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees of such party. The Seller's contractual obligations, including waraaty, shall not be deemed to Is, reduced, in any way, because such work is pe finned or caused to he perfamnal by the Purchaser. 14. PA PENT S. When er the Seller is required muse any design, civics, natural or pratsBred by lend, paten,, trademark or cupyright, the Scller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason sf the use of such Patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser nor any cost, expense or damage which it may be obliged to pay by reason of such infringement at ally time during the prosecution or after 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 comfort, mMngemcnr and the use of said equipment or pun is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the eight to continue using said equipment or part, replace the same with substantially equal but noninGmnging equipment or modify it so it becomes naninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or baNmpt broke an assignment for the benefit of ro ducars, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Pumhaer without liability. 16. GOVERNING LAW. The definitions oftcmxs used or the interpretation of the agreement and the rights of all parties hereunder shall be amstmed under end gavemed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in cases where tM Seller as in pert weak Forwarder, including the cruces afSallers Repreaenlative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall airy on said work at Sidle/s own risk until the same is fully complaM and aecepteq and shall, in se of any accident, destruction or injury to the work nudger materials befoa Seller's final completion and acceptance, complete the work at Seller's own expense end to the satisfaction of the Pumhaser. When m ear.1, and equipment are marginal by others for installation or erection by the Seller, the Seller shall raeive, unload. stare and handle same at the site and become Owpomible therefor as though such contends and/or equipment were being famished by the Seller under the order. 19. INSURANCE. The Seller shall, at his awn expense, provide for the payment of workers compensation, including occupational discus benefits, to its employees employed on or in connection with the work covered by this purchase order, md/or to their dependents in accordance with the laws of the stare in which the work is to be done. The Seller shall also entry anm,relonires general liability including, but not limited to, contracmal and automobile public liability insurmue with holly injury and death limits of at least 53011.0nd far any one person, $501 far any oaccident and property damage limit per accident of S400,000. The Seller shall likewise require his canrnmms, it any, m Pmvlde fro such comlensation and insurance, Before any offer Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish me Purchaser with a cetifnne that such exon,afteirift i and Insurance have been provided Such re ideates shall specify the date when such compensation and insurance hive been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire mponsibility and liability for any and all damage, Ims or injury ofany, kind or nature whatasever to Persons or Property caused by or resulting from the execution of the work provided for in Ihis purchase order or in connection herewith. The Seller will indemnil and hold harmless the Purchaser and any r all of the Purchasers officers, agent and employees from and against any and all claims, 1msm, damages, charges or expenses, whether director indicter, and whether to persona or property b which the Purchaser may Ie p l or subject by reason of any act, action, neglect omission or default on the per of the Seller, any of his comments, or any of the Sellers or contractors rafters, agent or employees In cam any suit or other proceedings shall hat brought against the Pumhuer, or is atfcers, agent or employees at any time oa account or by reason of my act, action, emitter, omission or default of the Seller of any of his contractors or any of is or their officers, agents or employees as afcamadid, the Seller hereby agrees to assume the defense thereof and to defend use, same at the Sellers own experese, to pay any and all boss, charges, anamrys fees and ocher expema, any and all jedgmens That may be mounted by or obmmed agaimt the Puchaser of any of is or their officers, agents at employees in such suits or order proceedings, and in case judgment or other Gen be placed upon or Obtained against the pmpeny of the Purchaser, or said pardias in or as a resuh of such suits or other proceedings, the Seller will at once come the same a be dissolved and discharged by giving bond or otherwise. The Seller and his contmetors dull calm all safely, precautions, famish and insull all guard naasary for the prevention of accidents. comply with all lows and aguNtmew with regard to safety includin& but without limitation, the Ommpational Safety and Health Act of 1970 and all talcs and regulations issued Pursuant thereat, Revised 03nOLO