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HomeMy WebLinkAbout538254 MBA DESIGN & DISPLAY PRODUCTS CORP - PURCHASE ORDER - 9143119Fort Collins Date: 06/05/2014 Vendor: 538254 PURCHASE ORDER MBA DESIGN & DISPLAY PRODUCTS CORP 35 EAST UWCHLAN AVE, SUITE 310 EXTON PA 19341 PO Number Page 9143119 tof2 This number must appear on all invoices, packing sli s and labels. Ship To: FORT COLLINS MUSEUM CITY OF FORT COLLINS 200 MATHEWS ST FORT COLLINS CO 80524 Delivery Date: 06/04/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price t Temporary Wall System per proposal #14.036.JP.REVE 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 18,778.40 18.778.40 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 IfiIRIrrwKeNna � uC�'1.4t 0114M.iFIRGSr� Page 2 of 2 1. COMMERCIALDETAIIS. Tax exemptions. By smmte the City of Fort Collins is exempt f state and local taxes. Our Exemption Nmnher is 11. NON WAIVER. 98-04502. redefel Excise Tax Exemption Certificate of Registry 84-6000581 is registered with the Called- of Failure of the Pduchutt to insist upon strict performance of the tents mad oMitions hereof. failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Sutures 1973, Chapter 39-26, 114 (a), exercise any rights or raaedles provided bereln or by law, foci ern, to promptly notify the Sella in the event of a breach, the acceptance of or payment for goads hereunder or approval orthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to foci lute to meet sPepificatiom, either when shipped or due 10 defects of any of the warranties or obligation, of this purchase order and shall can be deemed a waiver of any right of the damage in transit, maybe rearmed to you for credit and are not W be replaced except upon receipt of written purchaser to insist upon strict performance hereof or any arms rights or remedies as to any such goads, regardless instructions from the City of Fon Collins, of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any puryored aral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the ten, Inspection. GOODS ere subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, servicesse or equipment is responto this order can result in 12, ASSIGNM ENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of FortCollins. However, it is to he understood that FINAL Seller and the Purchaser recognise that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE. u dependent upon completion ofall applicable required inspection procedures. violations art in fact home by the Purchuec Theretoforefor good cause and as consideration for executing this purchase order, me Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments tuna be F.O.D., City of Fort Collins, 700 Wood St. Far Collins, CO 80522, unless national under federal no state antitrust lases for such overcharges relating to the particular goods or services otherwise specified oa Nis order. If permission is given m prepay freight and charge separately, the original freight purchased or acquired "a Purchaser uramor to Nis Durthas, order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacmmrs have diamibuting points in various pans of the country, shipment is If the Purchaser directs the Seller as correct nonconforming or defective goods by a date to the, agreed upon by the expected form me nearest distribution point 1. destination, and excess freight will be deducted from Invoice when Purchaser and the Sella, and me Seller thereafter indiwtrs its inability m unwillingness to comply. the Pmohaa shipments arc made from greater distance. may cause the work to he performed by the must expeditious mean available to it, and the Seller shall pay all costs associated with such work. rumors. Seller shall pmeme at sellers sole cum all nc esery permiq certificates and licenses regmmd by all applicable aws, reguldmas, ondinances and roles of the stem, municipality, mmimry or mliticid subdivision where the work is perforated, or mluired by any other duly constituted public authority having jurisdiction over the work of vendor. Seller formia agrees to hold the City of Fart Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulmions, ordinances, rules and requirements. Autlwtication. All parties to Nis contract agree their me representatives are, in fact, barer fide and possess full and entries, authoritym Not said parries. LIMITATION OF TERMS. This Purchase Owa expressly limits acceptance to the it. and conditions stated herein set form and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different tents and conditions proposed by seller are objected to and hereby mjedd_ 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immedim ely ifyou cannot make complete shipment to drive an your promised delivery 6 x as noted. Time is of the essence. Delivery and performance most be effected within the time stoned on the purchase .,it,, and the documents attached haao. No sets of the Purchasers including, without limitation, acceptance of partial late delivaiu, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and aqulatble rem dies, the option of placing thisarda elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for "angles as a resell of delays due to causes not reasouably foreseeable which are beyond its mamnable control and without its fault of negligence, such acts of God, acts of civil or military aehamtm, go.'emmental prionties, fires, strikes, Bowh epidemics, wars or dots provided that notice of the comm limps causing such delay is given to me Purchaser within five (5) days of the time when the Sella first rereived knowledge thereof. In the event artery such delay, the doe indelicacy shall b, extended for the period appeal do me time acnally two by reason turns, delay. 3. WARRANTY. The Seller warrants Nat all goods, articles, materials and work coveted by this order will di facet with applicable drawings, specifications, mmplas auditor other descriptions given, will be fit for the purposes intended, and performed with me highest degree of care and compemnre in accordance with accepted standards for work of a similar ramre. The Sella agrees to hold the purchaser moulds from any loss, damage or expense which the Purchaser may sutler or incur on account of the Sellers breach of warranry. The Seller shall replace, repair, or make goad, without cost to the purchaser, any del'ccts or faults musing within one (I) year ar within such longer period or time as may be prescribed by law or by the marts orany applicable warranty provided by the Seller after the date of acceptance of the goods burnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by me Seller Acceptance or new of goods by the Purchaser shall not onstimte a waiver army claim order this warranty. Except as otherwise provided in this purchase order, the Sellers liabil try hereunder shall extend to all damages proximately caused by me breach of any of the foregoing warranties or gtamnlees, bra such liability shall in no even include lass of profits or lass of sex. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal tends by wriaen change under 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tents, other than legal tents, including additions do or deleions from Ne quantifies nrigindlly ordered in the specilieatlons or dressings, by verbal or written change orderll any such change affects the amount due or the time ofperfommnce hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change aide,. mumimme this moral as Or any or all portions of the goods then not shipped, subject to any redouble adjustment bender me parties as to any work or materials then in progress provided that the Pmchua shall rut he liable for any claims for anticipated profirs on the uncompleted portion arrive goods andfir work, far incidental Or toms yuentul damages. and that our such adjustment he made in favor of the Sella with respect to any goods which an, the Sellers s wardead stock. No such termination shall relieve the Purcbuer or me Seller of any ofmeir abligations as to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days firm me date the change or termination is ordered. I. COMPLIANCE WITH LAW. The Seller warrants mat all goods sold hereunder shall have been produced, sold, delivered and famished in strict ontplimuc with all applicable laws and regulations to which the goods ere muco.'I he Seller shall execme 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 He Purchaser hamdess from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, a convey His maker, or any moves doe ar to become it. herearde, without me prior wrinen consent Ofine other party. 10. TITLE. The Seller wamenrs full, clear and musion hal title se He Purchaer for all equipment materials, and items banished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, scanty interest encumbrances and claims ofomers. The Seller shall release the Purchaser and its cummctas of any tier from all liability and claims of any immm resulting from the performance ofsuch work. This release shall apply even In the event of fault of negligence or the party whased and shall extend m the directors, officers and employees of such Early. - The Seller's contractual obligations, including warranty, shall not be thermal to be deduced, in any way, because such work is performed or down to be performed by the Purchaser. 14. PATENTS. Wharrod the Seller is rquired to use any design, device, .,a.[ or process dicand by lease, patent trademark r copyright, the Seller shall indemnify and save Numbers the Purchased from any and all claims for infringement by mason 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 fsuch infn'ngcmau at any time during the prosecution or after the completion of the work. In wx said equipment, or any part thereof or the intended use of the goods, is in such suit held to constitute infringement and the um of said equipment or part is attained, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Sella shall become insolvent or bankrupt, make an assignment for Ne benefit of creditors, appaim a reediver or trustee for any of the Sellers pmproy or business, this order may foMwith be canceled by the Purchased without liability. 16. GOVERNING LAW. The definitions offereas usd or the interpretation order agreement and the rights of all panic hereunder shall W command under and governed by the laws of the Sum of Colorado, USA. The following Additional Conditions apply only in taus where the Sella ¢ to perform work hereunder, including the services of Selem Representative(a), on the premises aromas. IT. SELLERS RESPONSIBILITY. The Seller shall carry on said work in Sella s own risk until the same is Polly completed and accepted, and shall, in x of any accident, destruction or injury to the work unit metends before Sellers final completion and acceptance. complete me work at Sellers own expense end to the satisfaction of the Purchaser. When materials and equipment art famished by others for instillation or archon by the Sella, the Sella shall receive, unload. more and handle same at de, site and become xsamusible therefor u though such materials andor equipment were being famished by the Seller undo the order. 18. INSURANCE. The Sella shall, at his own expense, provide for the payment of workers c mpen tion, including Occupational disease bendo. W its employees employed an or in connection with the work covered by this purchase order, and or to their dependents in accordance with the laws of me soup in which me work is to be done. The Seller shall also cony comprehensive gdeml liability including, bud not limited to, contmemal and automobile public liability insurance with bodily injury and death limits of at Icaa $300." for any one person, $500.000 for any comaccident and progeny damage limit per accident of $400,000. The Seller shall likewise require his racmrs, if any, to provide 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 f ish the Purchaser with a cenificale that such contraction and assurance have been provided Such certificates shall specify the data what such compensation and insurance have been provided. Such certificates shall specify the dam when such compensation and insurance expand. The Sella agrees Nat such corriPme rmn and insurance shall he maintained and aRer the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller herby assumes me entire responsibility and liability for any and all damage, loss a injury of any kind or damde whakmever W Persons or property caused by or resulting from the execution ofhe work provided for in this purchase order a in cannttlion herewith. The Sella will indemnify and hold harmless me Purchaser and my r all of the Purchasers afters, agents and employes from and against any and all claims, lesions, damages, charges or expenses, whether direct or indirect, and whether to persons or propexy to which the Purchaser 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 contractors officers. agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reawn of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to asrvme the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, allomep fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their ookers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained agmrut the property of the Purchua, ar said panirs in or as a react of such suits or timer proceedings, Raw Sella will at Duce cause me same to he dissolved and dixharged by giving bond or otherwise. The Sella and his contractors shot[ take all safety precantions. famish and iumll all guards occasvry for the prevention of accidents, comply with all laws and regulations wit regard to safety including, but without limitation, me Occupational Safety and Health Ad of 1970 and all rates and notorious issued pursuant therero. Revised 03R010