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HomeMy WebLinkAbout473556 FINISHING TOUCH - PURCHASE ORDER - 9143133Fort Collins Date: 06/05/2014 Vendor: 473556 FINISHING TOUCH PO BOX 1303 AULT CO 80610 PURCHASE ORDER PO Number Page 9143133 1lof2 This number must appear on all invoices, packing sli s and labels. Ship To: POUDRE FIRE AUTHORITY - AD 102 REMINGTON FORT COLLINS CO 80524 Delivery Date: 06/05/2014 Buyer: WILSON, JILL Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Maintenance & Repair Sta 5 Invoice 1427 dated 5/26/14 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.com 1 LOT LS 9,178.96 Total $9,178.96 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. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local tuxes. Our Exemption Number is II. NONWAIVER. 98-04502. FNeal Excise Tax Exemption Cenifica a of Registry 84 NW587 is registered with the Collector of Failure of the Purchaser to insim upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a), exercise any rights or interdict provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofof Payment for goads hereunder or aP,wwal of the deign, shall not rein. the Seller of Goods Rejected GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this pumbee order and shall not be rimmed a waiver of any right of the damage in m.sit, may be retumed to you for credit and art not to be replaced except upon receipt of written purchaser W insist upon strict peromr are, he ceire, any of its rights or remedies as to any such Smash. regardless instructions from the City of Fort Collins. of when shipped, received or accepted, s to any prior or subsequent default remainder, nor shall any pumoned oral modification or rescission of this purchase order by the Purchaser climate as a waiver of any of the terms Inspection. GOODS are subject o the City of Fan Collins inspection on arrival. hereof. r Final Acceptance. Receipt of the merchandise, services or equipment in maperse to this order cannull in 12. ASSIGNMENT OF ANTITRUST CLAIMS. amhodzto b ul payment on the pan of the City of Fun Collins. However, it is e understood that FINAL Seller and the Purchaser recognize that in actual m ¢ practice, overcharge resulting from .Boost ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact home by the Purchaser. Theretoforefonr good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight I'come, Shipments most a F.O.B., City of Fort Collins, TDo Weal St. Fon Collins, CO 80522, unless acquired under f elcnl or state antitrust laws for such overcharges relating to the particular goats or services otherwise specified on this order. Upeormoion is given to prepay freight and charge separately, the original freight purchased or acquired by the Pumhssar pursuant a this purchase color. bill most accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacnurm have distributing points in vartmew pans of the country, shipment is I fthe purchaser directs the Seller to comncm nonconforming or defeetive good by a date to be agreed upon by the expected from We unrest distribution point to domination, and excess freight will M deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates is imbility or unwillingness an comply. the Purchaser monomers art made Gom greater distance. may cause the work to be port d by the mom expeditious means available to it, arid the Seller shall pay all comb ca oiaed with such work. Permits. Seller shall procure al sellers sale cast all mcessary pomsit, cenifcatn mad liters. required by all applicable laws, resonances, ordimnces and tales of the state municipality, territory or political subdivision where the work is Performed, or requital by any other duly comminuted public authority having prominent over the work of vedo, Seller further agrees a hold the City of Von Collins harmless fmm ad against all liability and Ices incurred by them by reason of an manical or established violation of any such laws, regulations, ordinances, tales and requirements. Authorisation. All panic as this ..tree. agree that me reprtuntativa me, in fact, bow fide and possess full arul complete authority to bind said patio. LIMITATION OF TERh1S. This Purchase Order expressly limits acccptatwe to the Reran mad codilioaa stated herein set foM and any supplementary or additional micas and conditions arrom d hereto or incor sate ed herein by reference. Any additional or different rams and.nditiots proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to active on your promised delivery date as noted. lime is of the.sence. Delivery and performance must be effected within the time stated on the purchau order and the documents ortachasd hereto. No acs of the Purchasers including without limitation, acceptance effectual late deliveries, shall opmate as a waiver afthis provision. In the event of coy delay, the Purchaser shall have, in addition to other legal ad equitable readies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages e a result of delays due to comes not masombly foreseeable which art beyond its rxmonble control and without its fault ofnegligence, such ace of God, acss ofcivil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wan or riots provided that notice of the conditions causing such delay is given to the Purchaser within Eve (5) days onbe time when the Seller best received knowledge thereof. In the event of any such delay, the data of delivery shall be extended for the penal equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this order will ..form with applicable dawings, specifications, sample smaller other descriptions given, will he fit for the purposes imcndd, and performed with the highest degree of care and competence in accordance with accepted sadard for work of a similar reduce. The Seller agrees to hold the purchaser harmless from any lass, damage or expenw which the Purchaser may sufferer incur on account of the Sellers breach of waranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (I) year or within such ]anger period of time as may be prescribed by law or by the terms of any applicable immunity provided by the Seller after the dam of acceptance of the goods fumished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials fmishd by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing waction. or guarantees, but such liability shall in no event include lass of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SE IALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal temps by vender change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, olba than mld legal mans, including i.ionx to or deletions For, qu innesurigiwlly ordered in Ne specifcaramns or drawings. by moral ou raurn change order. 11any such change affects the amount due or the time ofperfom once hereunder, on equitable adjustment shall be made. 6. TERMINATIONS. The Purrhaser may at any time by written change order, terminate this agmemvn is,, any o ell pun tans.I she goad then of shipped subject m any equitable adjustment between the picnics in to any work or materials then in progress provided that the Purchaser shall not be liable lot any claims for anticipated profits on the uncompleted portion arms, goods and/or work, for incidental or .maqumnial damages, and that no such adjustment be made in favor of the Seller wiW respect to any gods which are the Sellers standard stock. No such lamination shall relieve the Purchaser or the Seller ofmy oftheir obligation as to any good delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and fumishd in strict omplimce with all applicable laws and regulations to which the good 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 agree W indemnify and hold rise Purchaser harmless fmm all costs and damages suffered by the Purchaer as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, mnafeq or convey this order, or any monie due in to become due hemumler without he ,.or women ..cut ofthe othm party. 10, TITLE. The Seller warms full, clear and mreslncred title to the Purchaser for all equipment, materals, and items fumishd in porfcres. of Wit agreemenr, free and clear of any and all fins, rntriniom, reurvait.., security interest crctmbrmce ad claims of oWers. The Seller shall release the purchaser and its contractors of any her fivers all liability and claims of any runs, resulting fmm the Performance ofmach work. Ibis release shall apply even in the event of fault of negligence of the party released and shall extend to the dicenon, officers and employees of such patty. The Sellers contactual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work ex performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever.he Seller is rquird us use any design, device, mmerml in process covere by tenor, patent, trademark or copyright, the Seller shall indemnify and save M1annless the Purchaser fmm any and all claims for infringement by reason of the use of such patentd design, device, material or process in co motion with the .noact. and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reamn of such infringement at any time during the primcenion or after the completion of the work. In cos said equipment, or any from thereof or the intended use of the goods, is in such suit held to .nstidum wfrm, .t and the use of said equipment or Part is enjoined, the Seller shall, at its own expense and at its option, either procure for dot Purchaser the right m .mime using mind equipment or pan, replace the same with substantially equal but .infringing equipment, or modify it m it becomes aoninGngiog. IS. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for me benefit of editors, appoint a receiver or trustee for any of the Sellers military or besiness, this order may forthwith be canceled by rise Purchaser without liability. 16. GOVERNING LAW. The de0nitiom ofte rms usd or the interpretation ofthe agreement and the rights of all parties hereunder shall be constmed under and greversed by the laws of the State.&Colorado, USA. The following Additional Conditions apply early in asems, where the Seller is to perform work heeunder, including the services o'Sellers Repcessamase(s), on me premises ofathen, ❑. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and nominal, and shall, in e of any accident, destruction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are fumishd by others for installation or erection by the Seller, We Seller shall receive, unload, stare and handle same at the site and become m coo h]e therefor at, though such materials and/or equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of warkers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or In their dependents in accordance with the laws of the into in which the work is to he done. The Seller shall also tarry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bndily inl ury and death limits ofar 1r,m $300,000 for any one Person, SSnn,nIXl for any one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his conimeaus, if any. to provide Wr such mmPrnsmiun and insurance. Before my of fe Sellers or his contractors employees shall do any work upon the premise of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and immune, have been provided. Such certificate shall specify the rime 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 assume the entire responsibility and liability for any and all damage, loss or injury of any kind or nature whatsoever to Persons or property caused by or resulting man the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser ad any r all of the Purchasers ollicers, agents and employees from and against any and all claims, lasses, damages, charges or exPenses, whether direct or indirect. and whether to persons or property to which the Purchaser may be put or subject by rea.n of my act, action, neglect, omission or default on the pan of the Seller, any of his contmeftrs, or any of the Sellers or contractors oRcm, agents or employees. In rase any suit or other proceedings shall be brought against fire Parch.er, or its officers, agents or employees at any time on account or by reason of my 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 m assume the defense thereof and to defend the same at the Sellers own expense, m pay any and all costs, charges, smarmy, fees and other expenses, any and all judgments that may be incurred by or obuind against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in came judgment or after lien be placed upon or obtained agairet the proPerty of the Purchaser, or said panic th or as a result of such suits or enter proceedings, the Seller will at once cause the same to be dissolved and discharge by giving band or otherwise. The Seller crud his contractors shall take all safety precautions, fismdxh and imtall all guard necessary for the Primerica of accidents, comply with all laws and regulations with regard to safety, including, but without limitation, We Occupational Safety veal Health An of 1970 and all rules and.,Jeri.a issued pnrsaot therein. Revised 03R010