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HomeMy WebLinkAbout538417 CONSOLIDATED STORAGE COMPANIES INC - PURCHASE ORDER - 9143183PO PURCHASE ORDER 914318er Page City of PURCHASE 9143183 1 of 3 Flirt Coll I ns This number must appear ,/_^/'`�`J-' ` on all invoices, packing sli s and labels. Date: 06/09/2014 Vendor: 538417 Ship To: STREETS DEPARTMENT CONSOLIDATED STORAGE COMPANIES INC CITY OF FORT COLLINS 225 MAIN ST 625 NINTH STREET TATAMY PA 18085 FORT COLLINS CO 80524 Delivery Date: 06/09/2014 Buyer: DOUG CLAPP Note: Line Description Quantity UOM Ordered Unit Price Extended Price Modular drawer cabinets 1 LOT LS 4,441.11 Quote # CS83336 dated 612114 per Bobby Wynarczuk Color for selected cabinets - Sid. Smooth Office Gray City Item # Desription Price (1) 4331D24N Modular Drawer Cabinet $1,552.82 (1) 4332D24N Modular Drawer Cabinet $1,335.00 (1) 4333D24N Modular Drawer Cabinet $1,553.29 2 Modular drawer lock set 1 LOT LS 59.13 item # 4101 3 Freight charges -estimated 1 LOT LS 753.34 contact: Shane Armfield (970)221-6290 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, Fart Collins, CO 80522-0580 Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.00m Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Fort Collins PURCHASE ORDER 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 PO Number Page 9143183 2of3 This number must appear on all invoices, packing slips and labels. Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 3 of 3 I. COM1IMERCIALDETAILS. Tax exemption. By some the City of Too Collin is exempt from slate and local nixes. Our Exemption Number is 11. NON WAIV ER. 98-04502. Federal Excise Tax Excuman t Certificate of Registry g4-6000589 is registered with the Collector of Failure ofthe Purchaser to insist upon strict performance ofthe terns 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 remedies provided herein or by law, failure m 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 specification, either when shipped or due no defca of any of the anomalies or obligations of this purchase order and shall not Be deemW a waiver of any n dd Of the damage in brown, may be, retuned to you for credit and are rot to be replaced except upon receipt of written Purchaser to insist upon most Performance hereof or any or its rights or remedies as to any such goof, regardless hounicfi.ns from the City of Fort Collins. of when shipped, rec ived or accepted, as m any prim or subsequent default harmonic, nr shall any purported oral nrdddlead on or rexissims of this purchase offer by the Purchaser operate as is waiver of any of the terms Inspection. GOODS are subject o the City of Fart Collins inspection on armed. hereof. Final Acceptance. Receipt of the merchandise, services or ryuipmenl in response to this order can result in 12. ASSIGNMEN IOF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual cat a practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violation arc in fact home by the Purchaser. Theremram, for good cause and as consideration for executing this purchase order, the Seller hereby mo grs m 1he Purchaser any and all claims it may now hove or hereafter Freight Terms. Shipments most be FOR., City of Fan Collins, TOo Wood St, Fan Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relining to the particular goods or services otherwise specified on this order. 1f permission is given to prtpy freight and charge st,comely, the Original freight pumhued or acquired by the Purchaser pursuant to this purehow older. bill must accompany harder. Addtional charges far packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Dismiss. Where manufacwrers have distributing Points in v: us pans of the country, shipment is If the Purchaser direct, the Seller b correct nonconforming or defective gaud by a date to be agreed upon by the expected from 0c nearest distribution paint to destination, and excess freight will be deducted I'rotn Invoice when Purchaser and the Seller, and the Seller thereafter indicates its mobility or unwillingness to comply, the Purchaser shipments are made fmm greater distance. may cause the work 1. be performed by ate mast expeditious means available to it, and the Stiles shall pay all costs nsocimed with such work. Permits. Seller shall procure at sellers sale cast all raceway permit,, certificates and licmse, required by all applicable laws, regulation, ordinances and toles of the site, municip liry, lemmry or Political subdivision where the work is Performed. or required by any offer duly confimmd public authority havingjurisdiction over the work of vendor. Seller father, agrees to hold the City of Fort Collins I m ndess from atd against all liability and loss incurred by them by reason arm assisted or established violation of ony such laws, regulations, ordbances, roles and nNatio menu. Authorization, All parties to this contract agree that the rep,e enbnives are, in fact, bun. Ede and pus en full and complete authority to bind said pads. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set foM and any supplementary or additional mums and condition notified hereto or incorporated herein by mEncnre_ Any additional or different firms and conditions proposed by seller are objected to and hereby rejected 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the esscnec. Delivery and performance must be clfeoled within the time stated on the purchase order and the decummb attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial lase deliveries, then]I OF ... to as a naive, of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall no, Is, liable for damages ss a result of &days due to causes not rersonbly foreseeable which are beyond its reasonable formal and without its fault of negligence, such acts of God, sets ofcivll or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or nuts provided that notice of the conditions causing such delay is given to the Particular within five (5) days of the time when the Seller Ors, received knowledge thereof In the event of any such delay, the ale of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples work., other descriptions given, will W fit for the purposes intended, and perforated with the highest degree of fore and competenre in accordance with accepted standards for work of a similar nature. The Sella agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach ofwn oanry. The Seller shall replace, repair or make good, without cast to the Purchaser, my ddbety or faults arising within one (1) year o within such longer period of time as may be prescribed by law or by the terms of any applicable wunanty provided by the Seller after the data of ccep,ance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Sella. Acceptance or use of goods by the Purchaser shall not mnline a waiver of any claim under this waranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall for ed to all damagrs proximately foused by the bream of any of the foregoing marranlies or guarantees, but such liability shall in no event include loss ofprofits or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal menus by written change order. S. CHANGES IN COMMERCIAL TERMS. The purchase, may ..If any changes 1a the terms, other than legal terns, including additions 10 or deletion from the quantities originally ordered in the s seftlemons or drmomp, by order or mariners change offs. If any such change affects the amour due or the time ofpafmmance M1ereunda, an equitable adjusubmal shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods than not shipped, subject in any equitable adjustment between the parties as to any work or materials then in progress provided them the Purchn r shall act be liable for any claims for anticipated prefim of the uncompleted portion of the goods author work, for incidental or consequential damages, and not no such adjustment be, made is favor ofthe Seller with respect to any goods which are the Sellers standard stock. No such mtminmion shall relieve the Purehssel Or the Sella slowly oftheir obligations as in any good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be nsened 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 bare ben produced, sold, delivered and famished is snit compliance with all applicable laws aM mgdmions to which the good are subject The Sella shall execute and deliver such daummb as may be overtired to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are, hereby unattended herein by this reference. The Seller agrees to indemnify coed hold the Purchaser beardess from all casts and damages suffered by the Purchaser as, a Result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without 'he prior "it" consent ofNe other party. 10. TITLE. The Seller warrants full, clear and uttresncled title in the Purchaser for all equipment, materials, and items famished in peadmil a of this agreement, fee and clear of any and all liens, resnnicn, reservation, security imerext encumbrances and claims fothers. The Seller shall release the Purchaser aM its contractors of any tier from all liability and claims of any nature resulting from the Mr... ell work. This relea a shall apply area in the went of fault of negligence of the party released and shall extend m the directors, officers and employees of such party. the Sellers cancounad obligations, including warranty, shall nor M deenmd to be reduced, in any way, because such work is gathered or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is rryons] 10 use any design, device, material or Faces. coveredl by lento Wt.0 mdemark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims far infringement by reason arms, use of such pmented design, device, material or process in connection will the co mart, and shall indemnify the purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time daring the prosecan ion or after the co ndel ion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in such .it held ,, emanate infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its Option, either procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal bur nninfringing cquipmeat, or modify it so it becomes naninfriaging 15. INSOLVENCY. If the Seller shall become insolvent or bankmpt, make an assignment for the benefil of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith M canceled by the Purchases without liability. 16. GOVERNING LAN'. The definition affirms used or the interposition of the agrtemem and the rights of all parties hercanda shall be comma d under and 6oremed by the laws offe Sule.fColma dm USA. The following Adiitionl Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Represenmtive(s), on the premises ofothers. 19. SELLERS RESPONSIBILITY. The Sella shall any, no laid work at Sellers own risk mat the same is fully completed and accepted, and shall, in se of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the wad i1 Seller's own expense and no the satisfaction of the Purchaser. When rnt®aE and ryuipmenl are humished by others for i.Italian or erection by the Seller, the Sella shall receive, unload, stare and handle same at the site and become on,s nsible therefor as though such materials wNor figuration ware being famished by the Sella coda the offer. IS. INSURANCE. The Sella shall, at his awn expense, provide far 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, and or to their dependents in accordance with the laws of the sate in which the work is to be done. The Sella shall also earry comprehensive general liability including, bur non limited to, commaual and automobile public liability insurance with bodily injury sad death limits of a, least 5300d" for any one person, s500.1100 for any One accident and property damage limit pa accident of 5400,000. The Sella shall likewise rryuim his commcmrs, if any, to provide for such compensation and insurance. Before any of the Sellers Or his conuacmrs employees shall do any work upon the premises of others, the Seller shall famish the Pumhnrr, with a certificam that such compensation and insurance Live been provided Such cedificates shall specify the data when such m,a...Tom and insurance have been provided Such cenific sex, shall specify the dam when such compensation and ncuraom expires. The Seller agrees that such compensation and insurance shall be maintained until after the entim work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller but assumes the entire responsibility and liability for any and all damage, loss or injury artery kind or nture whalsceva to broarm, or property caused by or—.fit,firm the execution ofthe work provided for in this purchase order or in connection herewith. The Sella will indemnify and hold harmless the Purchaser and any r all of the Purchasers officers, stood and employees tram and against any and Of claims, losses, damages, charges or expenses, wlwther ducat or mahmal. sad whether to parses o, mo shay If which the Purchase, may be put or subject by reason of any act, radon. magical, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employms. In ease any suit or offer proceedings shall be brought against the Purchsseq or its officers, agents or employees at any time on account or by reason of any cod, action, neglect, omission or default of the Seller of any Of his confmcmrs or any of its or their officers, agents or employees as aforesaid, the Sella hereby agrees to assume des deferxse thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, atomeys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suit or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said ponies in or as a result crack suits., other proceedings, the Seller will a1 are cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his ommuc,ors shall take all safety precautions, fmish and Install all gum& memanry for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Hmlth Act of 1970 and all roles and regulations issued pursuant Nano. Revised 03l2010