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HomeMy WebLinkAbout501351 WORKSPACE INNOVATIONS LTD - PURCHASE ORDER - 9143116Fort Collins Date: 06/04/2014 PURCHASE ORDER Vendor: 501351 WORKSPACE INNOVATIONS LTD 4414 E HARMONY RD SUITE 100 FORT COLLINS CO 80528 PO Number Page 9143116 1o12 This number must appear on all invoices, packing sli s and labels. Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS CO 80521 Delivery Date: 06/04/2014 Buyer: DOUG CLAPP Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Operation Services -1st Floor Chairs for Conference Room 2 Operation Services -1st Floor Chairs for Conference Room reference quote date 5/29/14 per Matt Brunk (12) RUO-1 rendevous Chair, Oversize Seat, Uph. Arm, 38W-$1,147.25each -total = $13,767.00 "fabric color selection - to be determine please coordinate with Jennifer H. "` Contact: Jennifer Harvey Dh# 970-221-6848 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 1 LOT LS 6,883.50 6,883.50 rc rallia 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. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fun Callim is exempt from sate end lnual taxes. Our Exemptiom Number,, II. NONWAIVER. 98-04502. Federal Excise Tax Exemption Cenificale of Registry 84-6000587 is registered with the Collector of Failure ofthe Purchaser to insist upon strict performance ofthe terms and conditions hereof, failure or delay sa Internal Revenge, Denver, Colorado (Ref Colorado Revised Moulcs 1973. Chapter 39-26, 114 (a). exercise any rights or remedies provided harem or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due 1. defects of any of the warrnties or obligations of this purchase order and shall not be deemed a waiver of any fight of the damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written parshaser to insist upon strict s rf� anise hereof or any of its rights or remedies as to any such goods, regardless abournom from the City of Fon Callim, of when shipped, received or accepted, as f any prior m subsequent default hereundeq nor shall any purported oral mWi fication or rescission of this purchase order by the Purerowr operate as a waiver of any of the terms Impaction. GOODS are subject to the City of Fun Collins impaction on arrival. hereof. Final Acceptance. Receipt of the merchandise, sat eq uipment quipmrd ent in response to this oer, m mash in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the Pan of the City of Foe Callim. However, it is to be understand that r FINAL Seller and the Purchaser recognize thin in actual economicrac ptice, overcharges resulting from antitrmt ACCEPTANCE is dependent upon compleim of all applicable required inspection procedures. violations are in fact tame by the Purchaser. Theretofore, for good cause and m consideration for executing this purchase order, the Seller hereby cosigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must he ROM_ City of Pon Collins, led WOW St, Too Collins CO 80522, unless acquired under floral or state anlinmt laws for such overchargm relating to the particular goods or services otherwise specified on this order If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany bounce. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Wlaam manufacturers have distributing Points in various pans of the country, shipment is If the Purchaser directs the Seller to corect nonconforming or defective goods by a date to be agreed upon by the expected from she nearest distribution point a destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its isbility or unwillingness to comply, the Purchaser shipments are made form greater distance. may cause the work an be perormed by the mass expeditious means available to it, and Ore Seller shall pay all cents resammed with such work. Permits. Seller shall procure at sellers sole east all necessary Permits, certificates; and licenses required by all applicable laws, regulations, ordinances and roles of the state, municipality, mrrimry or political subdivision when the work is Perforated, or required by any other duly comtimred public authority luring jarisdielion over fe work of vendor. Seller fnnher agrees to hold the Cry of Pon Collins hamdcss from and against all liability and loss recurred by them by reason of an asserted or established violation of any such laws, regulation, oNirunces, roles and requirements. Atnbmisation. All parties no this contract agree that the represenativm are, in fact, boom fide and possess full and omplea author ly to bind said panic. LIMITATION OF TERMS. This Pumbaxe Order expressly limits acceptance to the icons and conditions amass] herein so forth and any supplementary or additional tam¢ and conditions annexed heato or incorpomred herein by referamx. Any additimal or different tenor and currftions proposed by seller art objected to and hereby rejeded. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if yam cannot make complete shipment 10 attire oa year pmmiwd delivery date as noted. Time is of the essence. Delivery and Performance must be eff ted within the time anted oa the purcbme order and the documents mashed harem. No acm of the Purchasers including, without limitation, sump acre ofpmw1 lase deliveries, shall operate as a waiver of this provision. In the event crony delay, the Purchaser shall hare, in addition I. other 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 dacages as a oe.b of delays due to causes not reasonably foreseeable which are beyond in reasonable commit and without its fault of negligence, such acts of God, acts ofck it or military authorities, goremmened priorities, fires strikes, flood, epidemies. wars or rims prosided that notice of the conditions coming 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 pond equal to the time actmlly lost by reams ofthe delay. 3. WARRANTY. The Seller warrants that all go Ws, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the pa Imes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a -similar nature. The Seller agrees to hold the purchaser harmless from any Ims, damage or expense which the Purchaer may suffer or incur on account ofthe Sellers breach of isanemy. The Seller shall replace, repair or make good, without cost to the puchaser. any defects or faults arising within one (I) year or within such longer period of time as may be, prescribed by law or by the terms crony applicable warranty provided by the Sa Ierafter the date Of warrantor of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting front imperfect or defective work done or mammals furnished by the Seller. Acceptance Or use Of goads by she Purchaser shall mom constitute a waiver ormry claim under this warranty. Except as ofawise 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 me. NO IMPLIED WARRANI OR MERCHANTABILITY OR OF PITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes in the Terms, ofiner than legal mous. i nclnding additions inor deletions Iranithe quantities originally ordered in (tic spec fications or drawings, by verbal or written change seder. If any such change affectsthe amount due or the lime ofperfnmtawe hereunder, rot equitable w1polment shall be etude 6. TERMINATIONS. The Purchaser may at any time by written change order, temoinate, this agreement as m any or all Infi inns of the goods their not shipped, subject a any equitable adjustment between the ponies as to any work or materials then in progress provided that the Purchaser shall not be liable I'or any claims far anticipated profits on the uncompleted Portion of the goads and/or work, for incidental or consequential damages, and that no such adjuament be made in favor of the Seller with respect to any goods which arc the Sellers standard stock. No such termimnion shall relieve the Purchaser or the Seller of any oftheir obligations as to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change ar termination is ordered. 8. COMPLIANCE WITH LAW. The Seller wonants that all goads said hereunder shall have been produced, sold, delivered and furnished in stro 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 omet or evidence compliance. All laws and regulations required to be incorporated in affections of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all cons and damages su@red by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, rcmnfer, or convey this order, or any monies due or to become due hereunder without the prior wnnea convent of the other lorry. 10. TITLE. The Seller warrants full, clear and vmesNcted title to the Purchaser for all equipment, materials, and items famished of affififirrowee of this agreement, free and at. of any and all lies, restnctiom, resmatimps. security interest encumbrwmes and claims ofinhar, The Seller shall release the Purchaser and its contractors of any no from all liability and claims of my tutu¢ ..In., from the performance of tech work. This release shall apply even in the event of fault or negligence of the parry relented and shall extend to the directors, officers and employees of such of The Sellers contractual obligations, including warrenty, shall not be deemed to br reduced, in any wag became such work is performed or caused to be performed by the Purchaser. 14. PATENT S. Whenever the Seller is required muse any design, dus ice, material or process covered by letter, parent trademark r copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reawn of the use of such parented design, deice. material or process in connection with the Comm, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged m pay by mason of such infringement at any time during the prosecution or after the completioa of the work. In case said equipment, or any pan thereof or the intended me of the goods, is in such suit held to convolute minfirmu ent and the we of said equipment m Pun is enjoined, the Seller shall, at its oxen expense and at its option, either procure for the Purchaser the fight to continue using said equipment or pans, replace the mine with substantially equal but ruminfdnging equipment, ar modify it so it becomes noninGn,ii, I S. INSOLVENCY. If the Seller shall become insolvent w boulan . male an assigmnent for the benefit of credi ws, appoint a or trLLslee for any of the Sellers mr wity or bsisess this order may forthwith be canceled by be Purchase without liability. 16. GOVERNING LAW. The definitions of terms mod or the imerpremtion ofthe agreement and the rights of all panics hereunder shall be comtmed under and governed by the Incas of the Star ofCalwad., USA. The fallowing Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Represemative(s), on the praises of others. ❑. SELLERS RESPONSIBILITY. The Seller shall arty oa said work as Seller's owns risk until the same is Oily completed and accepted, and shall, in se of any accident, destruction or injury to the work and/or materials before Sellers final completion and acceptance, complem the work at Sellers own expense and to the satisfaction of the Purchaser. When matenals and equipmem are famished by others far installation or erection by the Seller, the Seller shall receive, unload, store and handle same in the site and b some responsible therefor as though such materials and/or equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, al his awn opens., ...vide 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, umVor h, their dependents in wearJwee with the laws of the finite in which the work is to be done. The Seller shall nlsn carry comprehensive 6enerd liability including, but not limited to, comractml and automobile public liability imur:mce with bodily injury and death limits ofat least $300c000 for any one person, $50QW0 for any e accident and property damage limit per accident of S400,00F The Seller shall likewise require his Hany, , provide for such compensation and insurance, before any ofthe Sellers or his commatom employers s eSell employees shall do any work upon the premises of others the Seller iffi furnish the Purchases wit acertificatewhen ch that such a remand and insurance have been provided. Such certificates shell sperifywhen the date r,m such ominsuraice expires, The have beenprovided Such penlfcatesshall specify the date whwsuch wmpener the and insurance expires. The Salle agrees shoo such compensation and insurance shell be maintained until are the entire work is completed and accepted 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind Of nature whatsoever to persons or pmpMy 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 hominess the Purchaser and any r all of the Purchasers officer, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether w persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default ao the an Of the Seller, any of his contractors, or any Of the Sellers or contractors officers, agents er employes. In case any suit or other proceedings shall be brought against the Purchaser, or its officer, agents or employees at any time on account or by reosan of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their oficers, agents or employees as aformand. the Seller hereby agrees to as me, the defense thereof and to defend the mine at the Sellers own expense, to pay any and all cash, charges, moneys fees and other expenses, my and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in wish suits or other Proceedings, and in case judgment or other lien be placed upon or obtained against the property ofthe Purchaser, or said parries in or as a result armada suits or other proceedings, the Seller will at once cause the same to be dissolved and diaclurgW by giving bond or oferwise. The Seller and his contractors shall mks all safety precautions, famish and install all gnarls necessary for the prevention of accidents, comply wish all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and m,ulauom issued pursuant theme. Revised 0342010