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HomeMy WebLinkAbout461812 CITRON WORK SPACES - PURCHASE ORDER - 9143372PO PURCHASE ORDER 914337er Page C117/ of PURCHASE 9143372 1 of 2 ' `t Collins Ins This number must appear ` v ` on all invoices, packing sli s and labels. Date: 06/17/2014 Vendor: 461812 CITRON WORK SPACES 197 S 104TH ST SUITE C LOUISVILLE CO 80027 Ship To: POUDRE FIRE AUTHORITY - AD 102 REMINGTON FORT COLLINS CO 80524 Delivery Date: 06/1612014 Buyer: WILSON, JILL Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Workstations 3rd FI Invoice 11677 dated 5128/14 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@fcgov.com 1 LOT LS Total Invoice Address: 5,519.00 • Ir 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 Foe Collins is exempt from state and local taxes. Our Exemption Number is I I. HONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon eruct performance of the terms and amain... hereof, fsilure or delay to Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). exercise airy rights or rem dies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or 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 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 in transit, may be retamd to you for credit and are not to be replaced except upa. receipt of written purchaser to insist opan strict perf enhance hereof or my of its rights nr remedies as to any such goods, regardless insthomims from me City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default heteundeq nor shall any puapoeed oral modification or rescission of this purchase order by me Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject 1. me City of Port Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, se r equipment in response to this order canresult in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment tin the part of the City of Foe Collins. Howeveq it is to be understand that FINAL Seller and the Purchaser recognize that in actual economic practice, overebarges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures, violations are in fact home by the Purchaser. Theretofore, for tgod 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 hereafkr Freight Terms. Shipments must be F O.B., City of Fart Collins, 700 Wood SL, Fort Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this a,der. If permission is form to prepay freight and charge separately, the original freight purchased or acquired by me Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCIIAS PIES PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in varicaus parts of the country, shipment is If the Purchaser directs the Seller to correct nonconforming an defensive gods by a dare to be a greed upon by Ne expected from the nearest distribution Point to destination, and excess freight will be abdicated from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwilliagoess to comply, the Purchaser shipments are made from greater distance may cause the work to be perfomrd by the most expeditious means available to it, and the Staler shall pay .11 as. armcimd with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is pe.formd, or regaired by any other duly constituted public authority having Jurisdiction over me work of vendor. Seller farther agrees to hold the City of Port Collins mantras from and against all liability add lass incurred by them by reason of an asserted or established violation of my such laws, regulations, ordinances, toles and fictim uranu. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and complete euNdry to bind said parties. LIMITATION OF TERMS, This PumM1ase Order expressly limits acceptance m the temps and combustor, sated herein set is and any supplementary or additional terms and conditions annexed Emery or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2_DELIVERY. PLEASE ADVISE PURCHASING AGENT immediamly if you cannot make complete shipment to arrive on your promised delivery dote as mated. Time is of the essence. Delivery and performance must be effected within he time slated on the purchase order and the documents attached hereto. No sets of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the total of my deay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as is result of delays due to causes not reasonably foreseeable which are bryond its reasonable control and without its fault of negligence, such acts of God, ears of civil or military authorities, governmental priorities, fires, mrikes, Rood, egalsomics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller fast received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the pound equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, 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 purposes intended, and performed with the highest degree of can and competence in accordance with accepted standards for work of a similar ..tare. The Seller agrees m hold the purchaser hatml. fora any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellcm breach of warranty. TM1e Seller shall replace, repair or make Sued, without cost to the purchaser, any defects or faults adcing within one (1) year or within such longer period of time as may be presented by law or by the terms of my applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance col to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Accepurnew of use of goods by the Purchaser shall of constitute a waiver of my claim under this warranty. Except as oWerwlss graveled in this purchase order, the Sellers liability hereunder shall extend to al I damages proximately caused by the breach of any of die foregoing warranties or guarantees, but such liability shall in no event include loss of profits or loss 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 terms by written chinge order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes to the terms, other thy. legal terms, including uniform, to or deletions from m the qual... ongi..Ily ordered in the specifiaIDlyns or drawings, by verbal or women change order If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. Tire Purchaser may at my time by written change order, terouniate this agreement s to any or all famous of the goods then not shipped saltier, m any equitable acimmucant between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the unmmpleled portion of the goods and/or work, for incidental or consequential damages, and that no such adjurations be made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such ternlmtion shall relieve the Purchaser or the Seller ofany of their obligations as to any goods delivered hereunder. ). CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from due date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Sell,, warrants that all goods sold heremder shall have been produced, sold, delivered ad famished in secret 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 effect or evidence compliance. All laws and regulations required to be item nedgmd in agreements of this character are hereby mompomted herein by this reference. The Sell,, agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of fie, 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 the prior action consent of the oMer party. 10. TITLE. The Seller warrants full, clear and unrestricted tide to the Purchaser for all equipment, materials, and items famished in performance of this agreement, fine and clear of any and all Hera, restrictions, reservations, security process encurnbrances and claims of others. The Seller shall release the Purchaser and its smonsuors of any rRr Rom all liability and claims of any nature resulting Ifom the performance of such work. This release shall apply even in the even[ of fault of neglpeace of the party released end shall extend to the directors, officers and employees of saeh party. The Settees contractual obligations, including warranty, shall not be deemed to be redoeed, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller slash indemnify and save hemrless the Purchaser from any and all claims for infringement by reason of the me of such patented design, device, mamrial or process in connection with the contract, and shall indemnify the Purchaser for any ease, expense or damage which it may be obliged to pay by reason of such infringement at any 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 mnstimte management and the use of said egitipmem or part is enjoined, the Seller shall, at its awn expense and at its option, either procure for the Purchaser the right to continue using said occupiers or parts, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes acculturating. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the bereft of creditors, appoint a receiver or proton for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or interpretation ofthe agreement and the rights of all parties hereunder shall be consnued under and gooemed by the laws ofthe Sate ofColomdo, USA. The following Additional Conditions apply only in where the Seller is to gaiderm work hereunder, including the aervies of Sellers Represanaft,oh), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellees own risk until the same is fully completed and accepted, and shall, in x of my accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete me work at Sellers own expense and to the satisfaction ofthe Purchaser. When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload, stop and handle same at the site and become responsible therefor as though snob materials and/or equipment were being famished by the Seller under the order. 18. INSURANCP The Seller shall, it his own expense, provide Same payment ofw'orkers compensation, including occupational disease benefits, to its employees employed on or in connection wish the work covered by this purchase order, and/or to their depandea¢ in accordance with the laws of the stale in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contraprod and automobile public liability insurance will, bodily injury and dean, limits of or les, $300,000 for anyone person, S500,000 for any one accident and property damage limit per accident of $400,W0_ The Seller shall likewise require his onnuclors, if my, to provide for such compensation anand insurance Before y of the Sellers ar his contractors employees shall eta any work an the premises of Others, the Seller shell famish the Purchaser with a when that such mmpenvntiur and insurance have been provided Such shall shall specify the dam whuh aloh compenmarce and insurance have been provided. Such pens[cares shall specify the dare when such compensation and a expires. The Seller agrees that such compensation and insurance shall be maintained until after me entire work is completed vad accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, lass or injury of any kind or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this p... he. oMer or is connection herewith. The Seller will indemnify and held harmless the Purchaser and any or all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether diet or indirect, and whether to persons or property to which the Purchaser may be 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 offers, 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 reason 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 nfinesaid, the Seller hereby agrees to assume the deface thereof and ,, defend me same.1 the Sellers awn expense, to pay auy and all costs, charges, attorneys fees and Wher expenses, any and all judgments that may be incurred by of obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or channel against the property of the Purchaser, or said parties in or as a result of such suits or other proceedings, the Seller will at on¢ cause the same to be dissolvd and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and HeaiN Act of 1970 and all holes and regulations issued pursuant thereto. Revised 0312010