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HomeMy WebLinkAbout479610 WINFIELD SOLUTIONS - PURCHASE ORDER - 9143630PO PURCHASE ORDER 914363er Page CI�/ of PURCHASE 3630 t of z ' `t Collins( hisnumber must appear \� �7 on all invoices, packing sli s and labels. Date: 06/30/2014 Vendor: 479610 WINFIELD SOLUTIONS PO BOX 64281 ST PAUL MN 55164-0281 Ship To: SOUTHRIDGE GOLF COURSE CITY OF FORT COLLINS 5750 S LEMAY AVE FORT COLLINS CO 80525 Delivery Date: 06/27/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Invoice#00005942110 MRS 21-03-07 Synergy per MAPO pricing 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: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. CONIMERCIALDETAILS. Tax exemptions. By statute the City of For Collins is exempt from s elk and local nixes. Our Exemption Sumer is I I. NON WAIVER. 98-04502, Federal Excise Tax Exemption Cmificase of Registry ST6000587 is regimental with the C(Ilicaor of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1923, Chapter 39-26, 114 (a). exercise mry rights or remedies 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 Goodx Rejected. GOODS REJECTED due to failure to meet specifcatiore, either when shipped or due,, defects of any of the wamanlies or adivans of this purchase order and shall not be deemed a waiver of any right of the damage in lmait nay be odumnd on Fact fur credit and are not to be replaced except upon receipt of written Purchaser to insist upon strict performance hamofor any of its rights or remedies as W any such goads, regardless bicameral. from the City of Fan Collins. of when shipped, received or accepted, as to my prior or subsequent default hereunder, nor shall any purported oral modifimlion or rescission of this purchase order by the Purchaser operate as a waiver of any of the arms Inspection. GOODS are subject Or the City of Fort Collins inspection an ar 1. hereof. Film[ Acceptance. Receipt of the merchandise, saxices or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS, authorized payment on the pan of the City of Pon Collins. However, it is to be understood that FINAL Seller and to Purchaser recognize that in actual economicrc practice, ovehrg aes resulting from animas ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact home by the Purchaser. Iheretofore, fogoad cause and as consideration fro executing this purchase order. the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments rum, be F.O.B., City of Fan Collins, 700 Wood St, Pon Collins, CO 80522. unless otherwise specified oa this m1m.. If permusian is given to prepay freight and charge separately, the original begin bill most acmmpny invoice. Additional charges for packing will nor be accepted. Shipment Distance. Vill manufacturers Mva distributing points in varmis pars of the country, shipment is caramel Gom the nmrtst distribution Paint to destinnioq and excess freight will be deducted fmm Invoice when shipments are made from greater distance. Permits. Seller shall Procure at sellers sole coal all nee sorry permits, carfinon and lionises repaired by all applicable laws, regulations, ordinances and roles of the state, municipality, leri.ry Or political subdivision where the work is perfamtN, or required by any other duly constituted public authority havingjurisdictim, over the work of vendor. Seller further agrees 10 hold the City of To. Collins harmless from and against all liability oral loss incurred by them by reason of an awarded or established violation army such laws, regulations, ordimium, roles and requirements. Authoreashon. All .in 10 this mmr d agree that the «presentafres are, in fan, bona fide and possess full and complete ambarity to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance . the terms and conditions steed herein set four and any supplementary or additional mnns and conditions manned ned hereto or incorpormed herein by reference. Any additional or different terms and conditions Proposed by seller me cilned to and hereby jedN. 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 rhe essence. Delivery and performance mmr be eiflmad within the time stated on the purchase order and the documents attached here._ No acts of the Purchasers including, without limitation, acceptance orpanial late deliveries, shall operate in a waiver ofthis provision. In the event of any delay. the Purchaser shall have, in addition. other legal and equitable remedies, the option of placing ibis order elsewhere and holding the Seller liable for damages. However, the Seller shill nor be liable for damages as a resull of delays due to causes not reasonably foreseeable which are bryond its reasonable control and without its malt of negligence, such acts of Gad, acts of civil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wan or rims provided thal notice Of the conditions causing such delay is given to ire Patricia, within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the dine of delivery shall he eamded for fie penal equal. the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all good, adicles. materials and work covered by this order will common with applicable drawings, specifications, samples exFor other descriptions given, will be fit for the purposes intended, and Performed with the highest degree of care and competence in accordance with accepted standard for work of a lnilnr ..an. The Scller agrees m hold the purchaser harmless from any loss, &image or expense which the Purchaser may surfer Or incur art account ofthe Sellers breach of warranty. The Silly, shall replace, repair or make good, without cast to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be presenbal by law or by the tents army applicable warranty provided by the Seller alter the data of accepince of the gmb, famished hereander (acceptmce rent an be unreasonably delayed), trading from imperfect or defective work done or materials famished by the Seller. Acceptance or me of goods by fire Purchaser shall via, nedi.a a waiver army claim under this warranty. Except in 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 warm acy or gram ales, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR M F.RCHANTAHI LITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. Cl IANGES IN LEGA I, TERMS. The Purchaser may make changes to legal terms by written change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make may changes 1. the 1ems, other than legal terms. including additions . or dale ioas films the quantities originally contend in the spenificmiam or drawings, by vernal or women change order. If any such change aRe n the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Parchoor may a1 any time by wri om change order, laminate this agreemctu az to any or all parions of the goods then not shipped, subject to any equitable antsttnent between the parties as to any work or material then in progress provided that the Purchaer shall not be liable for any claims far anliciptal profits on the uncompleted portion of the good andlr work, for incidental or consequential damages, and that no such adjustment be made in favor of file Seller with fallout to any goods which are the Sellers standard stock. No such immolation shall relieve the Purchaser or the Seller of any oftheir obligations as to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be assured within thirty (30) days tram the date no change or lamination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and famished in strict 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 10 effect or evidence compliance. All laws and regulations required to W incorporated in agreauds of Win character are hereby incorporated herein by Nis reference. The Seller agrees to iMerinify and held the Purchaser le rral. fmm all cats and damages suffered by the Purchaser az a resuh of the Sellers failure. 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 written consent urrhe other party. 10. TITLE. The Seller warrants full, clear and unrminded litle to the Purchaser for all equipment, materials, and items furnished in performe a of this agreement, fire, and clear of any and all Item, nee iclian, resenadms, security inleresl encumbnn viand claims ofothers. acquired under federal or state antitrust laws for such overcharges mialing to the particular gotrds or services purchased or acquired by the purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. tribe Pumhaer directs the Seller to mnect nonconforming or defective good 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 now cause the work 10 be performed by the most expeditious means available 10 i, and the Seller shall pay all costs msommed with such work The Seller shall Odense the Purchaser and its continuous of any tier Four all liability and claims of any dome resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party releasnl and shall extend to the directors, oRcers and employees ofsuch p uy. The Sellees contractual obligations, including vs'arrartty, shall not he dmmcd 1. he reduced, 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, mnlerial or process covered by lever, penal, eademark or copyright, the Seller shall indemnify and save hmmless 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 common, and shall indemnify the Purchaer for any cost, expense or damage which it may be obliged to pay by reason clinch infirmp rent at any time during the prasecutioa or alter the completion of the wod. In case said equipment, or any Pur thereof or the intended use of the good, is in such suit held to conoimte 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 Pachwer the right to continue using said equipment or pans, replace the now with substantially equal but noninGnging equipment. or modify it so it becomes naninftlnging. 15. INSOLVENCY. If the Seller shall become insolvent or bard mpt, male an assignment for the benefit of creditors, appoint a or trustee for any of the Sellers pmpeny or business, this order may forthwith he canceled by the Push sa without liability. 16. GOVERNING LAW. The definitions of team used or the intetprcetian ofthe agreement and the rights of all parties hereunder shall be mandated under and governed by the laws of the Sure ofColonda, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunde, including the services of Sellers Remesentutive(.ck On the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to We work andur materials before Seller's final completion and acceptance complete the work an Seller's own expense and to the satisfaction of the Purchases Wbm materials and equipment arc famished by others for installation or erection by die Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as 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 workers compensation, including Occupational disease benefits, to in employees employed on or in connection with the work covered by this purchase order, andbr to their dependents in accordance with the Iles of the suite in which the work is to be done. The Seller shall aim all comprehensive scut liability including, bar o01 limited tat, contactual sad automobile public liability insurance with badily injury and death limits of m least S300,000 for any one Amon, SNOROW for any vie accident mPe and prty damage limit per eacidenr of S400,000. The Seller shall likewise require his contactors, irony. to preside for such comMnsolion and examine. Before any ofthe Selleo or his contractors employees shall do any work upon the premises urchins, the Sella shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such meth ces shall specify the dale when such mmpacrunn and insurance have been Provided Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees thin such compensation and insurance shall be maintained mail after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DANIAGES. The Seller hereby assumes the more capanibility cord liability far any aM all damage. loss or injury army kind or nature whosoever to prisons or pmpery caused by or resulting from Nc m m un ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any cr all of the Purchasers ofcers,. agents and employees firms, and against any and all claimlosses, damages, harges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be not or subject by arson of any act, action, neglect, omission or defnnit oa the part of the Scller, any of his contractors, or any of the Sellers Or on ucton officer, agents Or employees. In case any stir 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 conrractors or any of is or Nei, officers, agents m employees as aforesaid, the Seller hereby agrees . assume the defense thereof and . defend the same at the Sellers awn estimate, m pay any and all casts, charges, anomeys fic and Other expenses, any and all judgments Nat may be incurred by or attained against the Purchaser or any of is or their officers, agents or employees in such suits or other procmlings, and in case judgment in other lien be placed upon or obtained against the property of the Purchaser, or mid parties in or as a result ofsuch suits or other proceedings, the Seller will at once cause the same to be dissolved and ducharged by giving bond or oferwise. 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 Occuptioal Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 03n010