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HomeMy WebLinkAbout461405 TREBUCHET GROUP - PURCHASE ORDER - 9143622Fort Collins Date: 06/27/2014 Vendor: 461405 TREBUCHET GROUP 405 MASON CT SUTIE 113 FORT COLLINS CO 80524 PURCHASE ORDER PO Number Page 9143622 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 06/27/2014 Buyer: PAT JOHNSON Note Line Description Quantity UOM Unit Price Extended Ordered Price t EDUCATION & TRAINING SERVICES 1 LOT LS 2,250.00 1065 2 EDUCATION & TRAINING SERVICES 1045 ar iia JAI 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.mm inter *1 6,700.00 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. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fort Collins is exempt fmm slate and two[ uses. Our Exemption Number is 11. NON WAIVER. 98 04502. Federal Excise Tax Exemption Ceniucam of Registry 84-6000587 is registered with the Collator of Failure of the Purtha to insist upon water pert once of the terms and conditions behalf, failure or delay to 1.1-1 Revenue, Denver, Colopodo (Ref. Cammdo Revised Strauss 1973, Chapler 39-26, 114 (a)y exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the went of a breach, the acceptance ofor payment for goods hereunder or approval ofdu design, shall act release the Seller of Goad Rejected. GOODS REJECTED due to failure to meet speed fiction, 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 my rich, of the damage in unit, maybe rerumed to you for credit and are act to be replaced except upon receipt of written purchaser to insist upon strict performance hereofoh any thus rights or remedies as to any such good, regardless instructions from the City of Fort Collins, of when shipped, received or accepted, as to any prior or subsequent default hereuMer, nor shall any imported .1 madificalon or rescission of this purchase order by the Purchaser opnd, as a waiver of my of the toms Inspection. GOODS pre subject to the City offron Collins inspection on amval. ho a lf. Final Acceptance. Receipt of the merchandise, services or equipment in response tothis order can r esult in 12, ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is in be understood thatFINAL Seller and the Purchna recognize that in actual economic practice, overcharge, resulting from antitmst ACCEPTANCE is dependent upon completion of all applicable required inspeclapprocedures. violations are in fact borne by the Purchaser. Thommum. fogood cause and as consideration for executing this purchase order, the Seller hereby assigns ,o the Purchaser any and all claims it may now have or hereafter Freight Tenn,, Shipments must be T.OK. City of Fort Collins, 700 Wood Sr., Fain Collins, CO 80522, unless acquired under federal or stare antitmst laws for such overcharges relating ,o the particular goods or services otherwise specified i n this order Ifpermissim 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 parking will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Disuwe. Where monufcmrers have distributing min, in varmas pane of the country, shipment is WIN, Purchaser directs the Seller in cancer nonconforming or defecive good by a date to be agreed upon by the expected film the nearest disuibution point to dedication, and excess freight will be deducted film Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the purchaser shipments art made fmm greater distance. may mu¢ the work to be performed by the most expeditious an, available m it, and the Seller shall pay all casts i sswiated with such work. Pennies. Sella shall practice at sellers sole in all necessary permib, indicates icates and licenses required by all applicable laws, regulations, compares and roles of red state, municipality, territory or political subdivision where Toe Sella shall release the Purchases and its .... of my tier fault all liability and claims of any name the work is Performed, or required by any other duly surrounded public w honty having jurisdie iw over the work resulting fmm the performance armch work of vendor. Seller Stager agrees I. hold the City of Fair Collins hvmless from and agaimt all liability and loss narrowed by them by reason of an asserted or established violation of any such laws, newho om, ordinances, roles This Mount shall apply even in the event of fault of negligence of the party released and shall extend o the and requimmens. directors, ifuss and employees ofsuch party. Ambodmti.n. All panie, to this contract agree that the representatives are, in fact, From fide and prowess full and The Sellers component obligations, including warranty, shall hot be domed to be reduced, in any way, because omplele authority to bind said ponl such work is performed or mused to be performed by the Purchaser. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated loomin ,et I'onh and any supplementary or additional terms and conditions annexed here,. or incorporated below by reference. Any udhftmul or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCI IASI NG AGENT immediately if you cannot make complete shipment to amve an your imposed delivery date as noted. Time 6 of the essence. Delivery and performance most be elleeed within the time stand on the purchase order and the documents attached hotel.. No acts of ,he Purchasers including, without limitation, acceptance of partial late deliveries, shall ope r tie as a waiver 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 far damages. However, the Seller shall act be liable far damages as a result of dalays due to causes act mans.nably foreseeable which art beyond its reasonable control and without its fault of negligence, such acts of God, act of civil or military commities, govrmmmtal priorities, fires, strikes, rood, epidemic, wars ar riots provided that wn et of the condition musing such delay is given b the Purchaser, width. five (5) days of the time when the Seller fie received knowledge therm(. In the went of nay such delay, the date of delivery shall be extended for the period equal to ode time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable drawings. Vocifiatims, samples candor other description given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a miler whore. The Seller agrees to hold the pumhamr harmless from any loss, damage or expense which the Purchaser may suffer or incur on wecounI of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cast to the pumhaseq any degrees or fil arising within one (1) year or within such longer period of time as, may be prescribed by law or by the terns of any applicable warranty provided by the Seller after the date of acceptance of the Goods famished hereunder (acceptance not to be unreamnably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Accepmnce or use of gord by the Parehaser :hat[ or constitute a waiver of my claim under this normally. gaunt as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages prosimarely caused by the breach of my of the foregoing warranties or guaremees, but such liability shall in no event include lass of profits or Ines or se. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FONESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchner may make changes to legal toms by whom change order. 5. CHANGES IN COMMERCIAL TERh15. The Purchaser may make any changes to the teen, other than legal meta, including additions to at deletions fmm the quantities originally ordered in the specifications or drawings, by verbal or women change other. If any such change affects the amount due at the time of performance hereunder. an equitable adjustment shall he made. 6. TERM [NATIONS. The Purchaser cony at any lime by whiten change order. terminate this agreement as to any or all p.rtlom of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in pmgress provided thin the Purthuer shall no, be liable for any claims for anticipated proofs on the uncompleted ponirn of the goods anor work, for incidental or consequential damages, send that no such adjustment he made in favor of the Seller will, respect to any good which are the Sellers standard stock. No such lamination dull relieve the Purchaser at Seller ofany of their obligations as in any goods delivered hereunder. G. CLAIMS FOR ADJUSTMENT. Any claim for mljumpent most be asserted within thirty (30) days from the date the change or tionination is ordered. 8. COMPLIANCE WITH LAW. The Sella warrants that all goods sold hereunder shall have been produced. sold, delivered and fmisbed in strict compliance with all applicable laws and regulation to which the goods are subject The Seller shall execute will deliver such coupon. as maybe acquired m eR 1 or evidence compluwe. All taus and regulation "word to be incorporated in agreements of this character are hereby mcoryorated herein by this reference. The Seller agrees to indemnify wad hold the Purchsser handles, from all costs and damages suffered by the Purchase as a result of the Sellers failure to comply with such It 9. ASSIGNMENT. Neither pony shall assign, margin, or convey Ws order, or any monies due or in become due hereunder, without the prior whiten consent ofthe other parry. 10. TITLE. The Seller warrants full, clear and unrstricad title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all liens, modctiom, reservation, security interest encumbrances and claims of others. 14. PATENTT S. Whenever the Seller is required to use any design, device, material or process covered by lever, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of ,he use of such patented design, device, material or process in connection with the convect, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged in pay by mama ofsuch 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 consulate 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 Puldwou the high, m continue using said equipment or For replace the same with substantially equal but wrinfringing equipment or modify it so it becomes coninMnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankmp . make an assignment for the benefit of rndim s, appoint a receiver or trustee for any of the Sellers pmpeny or business, this order may forthwith be canceled by the Purchases without liability. 16, GOVERNING LAW. The defrnitins of it. ased or the interpretation ofthe agreement and the rights of all panics hereunder shall be mewed under and governed by the laws of the State of Colomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Reprsentative(s), on the premises ofathers. IT SELLERS RESPONSIBILITY. The Seller shall early on said work at Seller's own risk until the same is fully completed and accepted, and shall, in m .Iany accident, destruction or injury to the work amDor materials before Sellefs final completion and acmpmnce, complete the work a, Sellefs own expense and m the substitution of the Purchaser. Wine. materials and equipment are f ished by others for installation or erection by the Seller, the Sella shall receive, unload, score it handle same an the acne aed become responsible therefor n though such materials anNor equipment were being furnished by the Seller under the radon. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefs, to its employees employed an or in connection with the work covered by tlas purchase order, .Nor to their dependents in accordance with the laws of the sum in which ode work is an be done. The Seller shall elm carry wmponnuum general liability includin, but act limited m, contractual and .... handle public liability assurance with bodily injury, and dose limits of at least 53el030 for my one Paulin, S50st" for any one accident end property damage him, per zcciden, of S400,0410. The Seller shall likewise require his contractors, if any, to provide for such mmpenmtton and immune. Reform any of the Sellers or has commons, employees shall do any work upon the premises of others, the Seller shall furnish the Purchaser with a certificate that such compensation and announce have been provided. Such confusion shall specify the date when such ompensation and insurance have been provided. Such cenl0ats shall specify the date when such compensation and insurance expires. The Seller agrees that path compemation and insurance shall be maintained until after the entire work [s 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 of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchsser and any r all of the Purchasers officers, agents and employees from and agaimt any and all Orion, loses, damages, charges or expenses, whether direct or indirect, and whether to person or property to which the Purchaser may be put or subject by reason of my act, action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or comrectom officers, agents on employees. In case any suit or other procedings shall be brought against the Purchaser, or its officers, agents or employees a, any fine an account or by rcuon of my wl, action, atIon. omission or default of the Seller of any of his awtrectors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees m assume the defense thereat and m defend the same at the Sellers.wn expeme, to pay any atW ell costs, charges, attmoeys fees mad whol expenses, any and all judgments that may be incurred by or obtained agaimt the Purchaser or arty of is or thew affairs, agents or employee in such suits or other proceedings, and in case judgment in other lien be placed upon or obtained against the propcny, ofthe Purchaser, or said panic in or as a result ofsuch suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contracmrs shall one all safe precaution, fmish and install all guard necessary for the prwention of accidents, comply with all laws and regulations with regard to safety including, but without limimtion, the Occupational Safety and Heefth Act of 1970 and all roles and regulations issual pursuant thereto. Revised DiV 010