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HomeMy WebLinkAbout330106 MARY HARNETT - PURCHASE ORDER - 9143605City of Fort Collins Date: 06/26/2014 Vendor: 330106 MARY HARNETT 4028 CHERRY HILLS DR FORT COLLINS CO 80524-9520 PURCHASE ORDER PO Number Page 9143605 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: LINCOLN CENTER CITY OF FORT COLLINS 417 W MAGNOLIA FORT COLLINS CO 80521 Delivery Date: 06/2612014 Buyer: PAUL, GERRY Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 APP Transformer Cabinet 2014 P14 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 2,587.00 Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 wi 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 taxes. Our Exemption Numbm is 11, NONWANER. 98 04502. Federal Excise Tax Exemption Cenlficate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon shim performance of the corms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref, Colorado Revised Minutes 1973, Chapter39-26,114 (a). exemise any rights or remedies provided herein or by law, failure to promptly andfy the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not Mena, the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defect, 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 returned to you for credit and are not to be replaced except upon receipt of written purch set m insist .,on stal performance hereof or any of its rights m remedies as to any such goods, regardless imarm,lions from the City of Too Callin, of when shipped, received or accepted as to any prior or subsequent default hereunder, nor shall any puryorted oral modification or maximum of this purchase order by the Purchaser operate as a waiver of any of the tactics Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof Final Acceptance- Receipt of the merchandise, services r equipment in response to this order canresult in 12. ASSIGNMENT OF ANTITRUST CLAIMS, amhoriaed payment on the part of the City of ForCollins. However, it is to M understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antimnt ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures, violations are in fact boom by the Purchaser. Themrofae�fotr good cause and as consideration for execming this purchase order the Seller hereby assigns to the Purchnser any and all claims it may now have Or hereafter Freight Terms. Shipments most be F.O.B., City of TOO Collins, 700 Wood St, For Collins, CO 80522, unless acquired under federal or state antihust laws for such overcharges relating to the pact goods or services othem ise specified on this Omer. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. More manufacturers have distributing points in various parts of the country, shipment is expected from the mares) distribution .,,it to destination, and excess freight will be deducted from Invoice when shipments arc mode from greater distance. Permits. Seller shall procure at sellers sole .at all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and roles of the suite, municipality, terrimry or political subdivision where the work is performed, or required by any other duly constituted public authonry having introduction over the work of vendor. Seller Outher agrees m hold the Ciry of Fort Collins harmless from and against all liability and lass incurred by them by reason of ea asserted or established violation of any such laws, regulations, ordinances, roles and requirements. Authorization. All porous m this c turnot agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said Pali,,. LIMITATION OF TERMS, This Purchase Omer expressly limits aeceptmec To the term, and conditions staled herein set fork and any supplementary or additional terms and conditions annexed harem or incorporated herein by reference. Any additional or dllfereat terms and conditions proposed by seller are objected to and hereby reNcld. 3. 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 essence. Delivery and performance must be effected within the time stated on the parehnse order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance Ofpartlal late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Pumbaser 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 not be liable for damages as a result of delays due to muses not reasonably foreseeable which are beyond its reasonable control and without it, fault of negligence, such acts of God, eats ofeiril or mil Itary authorities, governmental priorities, fires, strikes, flood, epidemics, watt or not, provided that notice ofthe conditions causing such delay is given to the Purchaser within five (5) days of The time when the Seller fins 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 last by reason ofthe delay. 3. WARRANTY. The Seller warrants that all gouda, articles, nationals and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intendad, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar mime. The Seller 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 of warranty The Seller shall replace, repair or make good, without coal o the purchaser, my defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms of any fund doable warranty provided by the Seller alter the Mte of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or mammals furnished by the Seller. Acceptance or rise 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 my Of the bregoin, waractic, or guaminum. but such liability shall in no event include loss of profft 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 more by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchase, may make any changes an the terms, Other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or women change order. If any such change afecs the amount due or the time of performance hereunder, an equitable adjustment 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 m my equitable adjustment between the patties as to any work or materials then in progress provided Nat the Purchaer shot[ act be liable for any claims for anticipated Profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect many goods which are the Sellers standard stock. No such terminalum shall relieve the Purchaser or the Seller ofany oftheir obligations w to any goods delivered hereunder. T CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the data the change or lermartion is ordered. 8. COMPLIANCE WITH LAW. The Sell,, warrants that all goods ,Old hereunder shall have been produced, sold, delivered said famished in strict compliance with all applicable laws and regulations to which the goods me subject. The Seller hall execute and deliver such documents as may be required to effect or evidence compliance. All Laws and regulations required to be incorporated to agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Pum acer harmless from all costs and damages suferd by the Purchaser ns a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall It,, trausfen art convey this order, or any monies due or to become due hereunder without the ,Or w'rimen cement of the other party. 10. TITLE. The Seller warrants full, clear and unresuleted title m the Purchaser for all equipment, materials, and items furnish d in performance of this agreement, free and clear of my and all liens, restrictions, reservations, security interest enemnbrances and claims ofothers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to contact nonconfomring or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller Thereafter indicates its inability or unwillingness to comply. the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all osa associated with such work. The Seller shall release the Purchaser and its conhectors of any tier form all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the aline mrs, officers and employees of such parry. The Sellefs contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller as rcgnired to use any design, device, material orprocess covered by [suer, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason 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 of such infringement at any time door, the prostration art 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 eanstrate infringement and the use of said equipment or part 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 pars, replace the same with substantially equal but naninfringing equipment, or modify it so it becomes naninfringing. 15. INSOLVENCY. If the Seller shall became insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trunee for any of the Sellers pmpeny or business, this order may forthwith be canceled by the Purchu,, without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation Ofthe agreement and the right, wish panics hereunder shall be command under and governed by the Laws ofthe State of Colorado, USA. The fallowing Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Representative(,). on thepremises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own ask until the same is fully completed and accepted, and shall, in e of any accident, destruction or injury to the work author materials before Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction ofthe Purchaser. When materials and equipment are Nmishad by others for installation or erection by the Seller, the Seller shall active, unload, stare and handle same at the site and become responsible therefor as though such naaterinls and/or equipment were being fnmishd by the Seller under the order. 18. INSURANCE. The Seller sh Il, at his own expense, provide for the payment of workers compensation, including occupational disease berhefiu, to its employees employed on or in connection with the work covered by thia purchase under, and/or to their dependents in accordance with the laws ofthe state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bMily injury and death limits of at least S3110,000 for any one person, S500,000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his commctors employees shall do any work upon the premises of then, the Seller shall furnish the Purchaser with a c,iffimte that such compensation and insurance have been provided. Such cenificates shall speciry the data when such compensation and insurance haw been provided. Such car ficares shall specify the data when such compenation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work N completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes 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 from the execution ofthe work provided for in this purchase order or In connection herewith The Seller will indemnify and hold hamdess the Purchaser and any r all of the Purchases officer, ,gems and employees Irons and soninor any and all claims, losses, damages, charges or expenses, whether fired of indirect, and whether m persons default progeny tO which the Purchaser may be pal to s, jrm by reason of any an, action, neglect, omission oforera to the par of the Seller, any of this contractors, s any of the Sellers the conceders r its officers , agents or employees. In ca any suit or other proceedings shall be brought against the Purchission , efits f theagents or employees n any time on y of us or their reason of any act action, neglect, a omission or default of the y agrees of any of his the de ors or any of is or their dofficers,more agents or employees as aforesaid, the Seller hereby agrees to assume rw the defense thereof and to defend the same at the Sellers own expense, b pay any and all casts, charges, a Purchaser or a fees and other expenses, any and all judgments that may be incurred ro or dings, an against the judgment or any lien its or their upon a, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property a the e W be is or said parties in ge as a result of such snit, or other proceedings, the Seller will at pace cause the same ro ec dissolved and and by giving bond car otherwise. The Seller and his den tors shall take all safety precautions, Finnish and instill all guards necessary for the Brahman, bof e accidents, comply with all laws and regulations with regard m safety including, but herhom limitafion, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant thereto. Revised 0312010