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HomeMy WebLinkAbout102552 CSU CASHIER'S OFFICE - PURCHASE ORDER - 9143397PO PURCHASE ORDER 914339er Page C117/ of PURCHASE 9143397 ' of 2 Flirt Collins This number must appear /_^,'`�—`/-' on all invoices, packing sli s and labels. Date: 06/17/2014 Vendor: 102552 C S U CASHIER'S OFFICE 6015 CAMPUS DELIVERY 118 LORY STUDENT CENTER FORT COLLINS CO 80523-6015 Ship To: PARK MAINTENANCE CITY OF FORT COLLINS 413 S BRYAN FORT COLLINS CO 80521 Delivery Date: 06/17/2014 Buyer: WILSON, JILL Note: Line Description Quantity UOM Unit Price Extended Ordered Price I Mother's Day Plant Sale Invoice dated 6/6/14 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 7,175.00 $7,175.00 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. COMMERCLV.DET'AILS. Tax exempdous. By mimic the City of Fort Collins is exempt from some and local taxes. Our Exemption Number is 11. NON WAI VER. 98-04502. Federal Excise Tax Exemption Cenificare of Registry 84-6000587 is registered with the Collecror of Failure of the Purchaser m insist upon strict performance ofthe reams and conditions hereof, failure or delay to [almost Revenue, Denier, Colorado (Ref. Colorado Revised Ststmes 1973, Chapter 39-26, 114 oft exercise any rights or remedies provided herein or by law, failure to ptomprly notify the Seller in the event of a breach the acceptance of or payinent Ior goods hereunder err approwl ofrhe design, shall not release Ore Set co 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 cover and shall not be deemed a waiver of any right of the damage in transit may be returned to you for credit and ore not to be replaced except upon mceipt of written purchrour to insist upon strict performance lasomfor any of its rights or remedies as to any such goods, regardless iwtructions from the City of Pon Collins. of when shipped, received or accepted, or to any prior or subsequent default hereunder, nor shall any puryoned oral modification or rescission of this purchase order by lire Pmchaer operate w a waiver of any of the terns Inspection. GOODS we subject o the City of Fort Collins impettion on arrival. hereof. Fired Acep w e. Receipt of do merchandise, seasom or equipment in respm¢e to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of For Collins. However, it is to he understood that FINAL Seller and the Purchaser recognize, that in actual economic practice, w achmges resulting from antitrust ACCEPTANCEis dependent upon mmplaion of all applicable required inspection procedures. violations are in fact home by the Purchaser, Thererofoae,nfotr, good cause aM as consideration far executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Termer. Shipment must be F.O.D., City of Too Collins, 700 Wood St, Fort Collins, CO 80522, unless acquired under (feral or state antitrust laws for such overcharges minting to the panienlar goads or services mherwise specified on this order, lfpemrission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuanl to this purchase order, bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE: OF SELLERS OBLIGATIONS. Shipment Distance. Where mnufaaaers have distributing points in varmans pans of the country, shipment is If the Purchaser directs the Seller to correct nonconformting or defective goods by a dare to be agreed upon by the expected from the neareu distribution point to destination, and excess freight will be deducted from Invoice when Purchmer reed the Seller and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made from presence distance. ray once the work to be Perf anted by the most expeditious mans mailable to it, and the Seller shall Pay all costs wweire d with such work. Pmnits. Seller shall procure at sellers sale ors, all necessary peamits, certificates and licenses rryuirM by all applicable laws, regulations, ordinances and roles of the state, municipality, runway or political subdivision where the work is performed, or carried by any other duly amounted public monsoriry havingjurisdicrion over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an manned or established violation of ony such laws, regulations, ordinances, miss and requirements. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the teats and conditions sated herein set forth and any supplemmrary or additional corms and conditions annexed harm or incorporated herein by rcferemm. Any additional me different rearm and Conditions proposed by seller are objected to aM hereby rejafed 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to aril, on your promised delivery dale as ward. Time is of the essence. Delivery and performance must be effected within the time matt on the porcbase order and flee documents anacMd berm. No acts of the Purchasers including, without limitation, acceptance of partial Irate deliveries, shall operate os o waiver of this provision. In the event of any delay, the Purchown shall have, in addition to other legal and equitable remedies, the option of placing this other elsewhere and holding the Seller liable for damages. However, the Seller shall not bo liable for damages as a result wf delays due to camas nor reasonably foreseeable which are beyond its reasonable control and wifout its faun i f negligence, scabrous efforts, acts ofeivil or milila y authonries, govemmenal prornia. fires, strikes, Rood, epidemics, recover fiats provided that notice ofthe conditions causing such delay is given to the Purchaser within five (5) days ofthe time when the Sella f , received knowledge ther e f In the event of my such delay, the date of dclivcry shall be extended for the period afoul to the time a durdly 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, samNes and/or other descriptinns used. will be fit fur the purposes intended and ,wiforned with the highest degree of care and competence in accordance with accepted standarck for work of a similar mauve. The Seller agrees Iw held the purchaser harmless from any loss, damage or expense which the Purchaser may sufrer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects our faults arising within one (I) year or within such longer period of time as may be prescribed by law or by the terns of my applicable warmnry provided by the Sella Sher the date of acceptance of fe goods famished hereunder (acrepume not to be aueomnably delayed), mulling from maratfer, or defective work done or mmcrials f nnishf by the Seller. Acceptance or use of goods by the Purchaser shill not onstione a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damage proximately causal by the breach of any of the foregoing ssaaranties or guarantees, but such liability shall in no even, include fuss of profits or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SI IALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaer may make any changes to the team, other than legal Now, including addiliom to or dfletiow from the quarto es originally ordered in dire apenihommm or d—in,, by ve'MI or -imam change enter. If any suet, change affects the amount due or the time of immusreance hereunder, an equirble adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all pnniaes of the goods then not shipped, subject to any equitable adjustment between the ponies as to any work or materials then in progress provided the the I'mchaser shall not be liable for any claims for anticipated pntlia on the uncompleted Bodies of the goods andor work, for incidental or consequential chariness, and that no such adjustment, be made in favor of the Sella with respect to any goods which ant, the Sellers standard sack. No such mrmimation shall relieve the Purchaer or the Seller ofany of their obligations is to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must h ressened within Tiny (30) days f the date the change or teminutim is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and fhmishd in snid compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents in may be inquired to effect or evidence compliance. All furs and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to iMemrtirr and bind the Purchase, hamtless eons all costs and damages sufTered by the Embosser as a moth of the Sellers failure to comply with such how. 9. ASSIGNMENT. Neither party shall assign, transfer, or corvry, this order, or my monies due or to become due hereunder without the prior written consent offie other parry. By TITLE. The Seller wamnts full, clear and unrestricted title to the Purchaser for all tyuipment, materials, and items furnished in performance of this agreement, free and clear of any and all liens, marchers, reservations, security imetal encumbunces and claims i f others. The Seller shall release the Purchaser and its coutiocrors of my tier from all liability and claims of any nature resulting from the perfomunce of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees of such party. The Sellds commctual obligations, including warranty, shall sot he deemed to M reduced, in any way, because such work is pafomrN or caused to Ire performed by the Purchaser. 14. PATENTS. Whenever the Seller is repaired a use any design, device, material or process covered by letter, pateRk trademark r copyright, the Seller dhall indemnify and save harmless the Purchuer (ram any and all claims for infringement by reason of the tau of such patented design, device, maerial or process in connection with the attract. and shall indemnify he Purchaser for any cost, expense or damage which it may be obliged to pay by roban ofsuch primogenitor at any rime during the mweation in after the completion of the work. In case said equipment, or my part thereof or the intended use of the goods, is in such suit held u, emen me infringement and list use of said equipment or pan is enjoined, the Seller shall, at its awn expense and at its option, either procure fur ,he Purchase, the right to continue using said tyuipment or pans, replace the same with substantially equal but noninfi nging cquipmear, or modify it so it becomes aounfn'nging. 15. INSOLVENCY. If the Sella shall become insolvent or baNmpt, make an assignment for this, benefit of creditors, mpaim a cheaver or taste, for any of the Sellersproperty or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of is. used or the interyretaion ofthe agreement and the righs of all parties hereunder shall be construed under and governed by the laws of the Sate ofColomdo, USA. The following Additional Conditions apply only in where the Seller is no perfwam work hereunder, including the services of Sellers Repmsen ative(s), on thecases premises of wheat. 17. SELLERS RESPONSIBILITY. The Sella shall carry m said work at Sellcfs own fink until the same is fully completed and accepted, and shall, or cost of any occident, destruction or injury to the work and/or rem mils bd Sellcfs ❑wl completion and acceptance, complete the work at Sellcfs own expense and or the satisfaction of the Purchaser. When materials and tyuipment are famished by others for installation or erection by the Selleq the Seller shall receiver unload, store and handle same at the site and become responsible therefor As though such materials awfor equipment were being fumishf by the Seller under the order. 18. INSURANCE. The Seller shall, fit his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work emend by this purchase order, and/or to their dependents in accofance with the laws ofthe chat in which the work u to be Jana The Sella shall also carry comprehensive general liability including, but not limited to, mntradual and automobile public liability inaurrnce, with bodily inury and death limta ofar lean S3wn.t%q for my one Person, S500.IXp f r any one weiden, and property damage limit per acddent of S400,000. The Seller shall likewise require his if any, an provide for such compensation and mourrance. Before my of the Sellers or his convectors employees shall do any work open the premises of others, the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have been provided. Such cenifcares shall specify she dart when such omperewhon and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained unit l after he entire work is complete and acrseed. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby resumes the more responsibility and liability for my and all damage, loss or injury of any kind or whore whownever to persons or property, caused by or mulling from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify atd hold harmless he Purchaser and any r all of the Purebaters officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to Partin or pmpeny to which the Products, may be put or subject by reason of any act, action, neglect, omission or default on the part of the Sella, any of his contractors, or any of the Sellers or ontractors 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 reason of any act, action, neglect, omission or default of the Seller of any of his evenactors or any of its or their officers, agents or employees as aforesaid, he Sella hereby agrees to assume the defense thereof and to defend he most at the Sellers own raperese, to pay any and all costs, charges, runways fees and other expenses any and all judgments that may be incurred by or obhind against the Purchaser or any of its or their officers, agents or employers in such suits or other proceedings, and in case judgment cr other two be placed upon of obtained against the property of the Purchaser, or said parties in in as a muht ofsuch suits or other proceedings, the Seller will at once cause the same he be dissolvd aM dischvgd by giving bond or ohenwiu. The Seller oM his commissions shall take all safety precautions, filmish and install all guard necessary for the protection of accidents, comply with all laws and regulations with regard to safety including, but without Inhibition, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuanr4herem. Revised RM010