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HomeMy WebLinkAbout292540 WESTERN ENTERPRISES INC - PURCHASE ORDER - 9143777Fort Collins Date: 07/03/2014 Vendor: 292540 WESTERN ENTERPRISES INC PO BOX 60 CARRIER OK 73727 PURCHASE ORDER PO Number Page 9143777 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: PARK MAINTENANCE CITY OF FORT COLLINS 413 S BRYAN FORT COLLINS CO 80521 Delivery Date: 07/03/2014 Buyer: WILSON, JILL Note: Line Description Quantity UOM Unit Price Extended Ordered Price 4th of July Firework Show Invoice 3778 dated 4/24/14 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 24,000.00 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 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fon Collinsisexempt fommamand local taxcs.(ur ExCnman Number is II. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-64)(1 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to Imemal Revenue, Denveq Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). exercise any 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 far goods hereunder or approval of the design. shall not release the Seller of Goad Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defines of anY of the warranties or obligations of this purchase order ad shall not be deemed a waiver of stay right of the damage in court, may be retumW to you for credit and are hot to be replaced except upon receipt of written pumhaser to insist upon timer performance harmfm any of its rights m readies as to any such good, regardless iuwence, from the City of For Collins. of when shipped, famived or accepled, as IL any poor or subsequent defaul, hereunder, nor shall any aurpar al oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Fort Collins inspection on ar ival. hereof. Final Acceptance. Receipt of the merchandise, senices or equipment in respoue to this order Co. mark in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of For Collins. However, it is . be understand that FINAL Seller and the Purchaser ramp irc that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is depended upon completion of all applicable mutual inpmtion procadur s. violation art in fact home by the Ancramer. Themorme, for goad cause and ces cansideration for executing this purchase order, the Seller hereby usigm IL use Purchaser any and all claims it may now lance or hereafter Freight Ted¢. Shipments most be F.O.T, City of Fog Collins, 700 Wood Sf, For Collins, CO 80522, unless acquired under federal or suite antimst laws for such communities relaing . the pericular goods or smices mhawise specified oa this order. If permission is Or... to prep y feight and charge separately, the Logical freight purchased or acquired by the Purchaser pursuant to this purchase order. hill most arcomren , invoice. Additional chances for nackine will nor be accented. Shipment Distance. Where manufacturers have common, paints in various pans of fie mumry, shipment is expected from the nearest distribution point to destiustion, and excess freight will be dedumed from Invoice when shipments are made from greater distance. Permits. Seller shall ptawe at sellers sole area all necessary permits, certificates and licenses required by all applicable laws, rematimxs, oidiom. and roles ofthe slam, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority havingjuridiction over the some of vendor. Seller franc, agrees . until the City of Fort Collins hornless from and against all liability send lass incurred by them by raven of m asserted or established violation of any such laws, regulations, ordinances, rules ondregmocra l,. Authorbation. All parties to this contract agree that the representatives are, in fact, Was ride and possess full and omplete smhor ry to bind said priumv LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terres and conditions sated herein set forth and any supplementary or additional terms and conditions annexed hear. ar ineoryanted herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENIimmediately ifyou cmmot make complete shipment to active on your promised delivery dam as noted Time is of the essence. Delivery and performance most be effected within the time Vincent on the purchase order and the documents anachnd hereto. No acts of the purchasers including, without limitation, acceptance ofpnial his deliveries, shall operate as a waiver of Ws provision. In the event ofany delay, the Purchaser shall hare, 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 far damages n a result of delays dueto causes not reasonably foreseeable which are beyond its reasonable correct and without its fault of negligence, such or. of God, acts of civil .,.,Iran, mdhonties, governmental priorities, fires, strikes, flood, epidemics, wars or riots provided that notice of the emso on musing such delay is given to the Purchaser within five (5) days of the time when the Seller Om received knowledge thereof In the event of any such delay, the date of delivery shall he extended for the aerial equal to the time actually In, by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, cos trials and work wmond by this Order will conform work applicable drawings, specifications, samples maker other descriptions given, will be, fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted fractions for work of a similar nature. 'the Seller agrees to hold the purchaser harmless from any lass, daricup or expense which the Purchaser may, suffer or farm on account of the Seller, breach of warmnry. The Seller shall .place, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time u may be prescdbal by law or by the terms of any applicable warranty prosided by the Seller after the date of acceptance of thn good furnished hereunder (acceptance not 10 be unreasonably delayed), resulting from imperfect or defective work done or comments famished by the Seller. Acceptance or use of goods by the Purchaser shall no, mvstitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend .all dadoges proximately caused by the breach of any of the foregoing warranties or Guarantees, but such liability shall in nn event include loss ofpinfils or loss Of use. NO IMPLIED WARRANTY OR M ERCHANI'ABILITY OR OF FITNESS FOR PURPOSE MIALL APPLY. 4. CHANGES IN LEGAL TERMS. The purchaser may make changes no legal tans by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the toms, other than legal Janes, including additions to or deletions from The quantities originally ordered in the slsecifcalions or drawings, by verbal or written change order. If any such change affects the amount due or the time of performance hereunder, on equitable adjustment shall be node. 6. TERMINATIONS. The Purchaser may at any rime by winters change order, memirem this agreement as re any or all ponlan of the good then hot shipped, subject to any equitable adjusment between the pries as to any work or materials lien in progress provided that the Purchaser shall not be liable for any claims fro anticipated profits on doe u erapPleal ,notion of the goods anNor work, for incidental or consequential damages, and that no such adjusJmme be made in favor of the Seller with respect to any good which art the Sellers summer stack. No such termination shall relieve the Purchaser or the Seller ofany of their obligations as m any goads delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) dap from the date the change m termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, deliveed and fumishd in strict compliance with all applicable laws and regulation 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. be incorporated in agreements of this character are hereby incorporated herein by this refecence. The Seller agrees to indemnify cad hold the Purchaser harmless from all costs and damages suffead by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither Parry shall assign, counter, or mmey this order, many monies due or to become due hereunder without he prior wuiren consent offer other party. 10, TITLE. The Seller warrants full, clear and unrestricted title. the Purchaser for all equipment, materials, and items furnished in performance of this agreement, Gee and clear of any and all liens, restrictions, reservations, minority interest mcumbmnces and claims afothers. 13. PURCH ASF,RS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date,, be agreed upon by flue Purchaser and the Seller, and the Seller thereafter indicates its inability or unwidin,man 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 costs associmM with such work. The Seller shall release the Puchase and its contractors of any tier from all liability and claims of any nature account, from the performance of such work. This nelmsc shall apply even or the even of fault of negligence of the parry released and shall extend to the directors, offcers and employees afirch piny. The Sellers contractual abligatiom, including warranty, shall not be deemed to be reduced, in any way, because such work is Performed or Consent to W performed by the cattlemen. 14. PATENTS. Whenever the Seller is required. use any design, device, material or mocess covered by letter, patch, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for management by in, Of the use of such pamnted 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 no pay by reasa , of such infringement at any time during the prosecution or after rue completion of the work. In case said equipment, or any part thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment a Wg is enjoined, the Seller shall, at its own expense and in its option, either procure for the Purchaser the right . continue using said equipment ar pans, replace the same with substantially equal but noninfnnging equipment, or modify it m it becomes noninGnging. 15. INSOLVENCY. If the Seller shall become ionelveh Or hackman, make as assignment fur the benefit of creditors, appear, a on trader, for any of the Sellers property or business, ,his order may fonhwinh be canceled by the Franchiser without liability. 16. GOVERNING LAW. The definitions of teams used or the interpretation office agreement and the rights ofall Ponies hearmder shall be oomewd under and govcmed by the laws of the State ofColmado, USA. The fallowing Additional Conditions apply only in coures where the Seller is to perform work hereunder, including the services of Sellers Representative(s), on rue premises of others 17. SELLERS RESPONSIBILITY. The Seller shall Carty on said work at Sellds own ask until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to We work andsor malena@ befom Sellds fund completion and acceptance, mmplem the work at Sellers own expense and to the satisfaction of rue Pe rchuee When formals and equipment are fumishN by others for instillation or ereeim by the Seller, the Seller shall receive, unload, store and handle same al the site and became responsible therefor no, thought such materials and/or equipment were being famished by the Seller under the order. 19. INSURANCE. The Sells, shall a1 his own expense, provide for the pfriend of workers Compmso ion, including occuptmeni disease benefs, in its employees employed an or in connection with Be work Covered by this purchase order, and for to their depcaedme, in accordance with the laws of the stale in which me work is . be dome. The Seller shall also carry comprehensive general liability including, but not limited to, comme ial and automobile public liability insurance x'ith hsdlly injury and death limits of at least S300,00) for any one person, $500,000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his cartoons, if any, to provide for such cormannucation and insurance, Before my of the Sellers or his contractors employees shall de any work upon the parmises of others, the Seller shall Finnish the Purchaser wish a cenifica , that such mmpesvtion seed announce have been provided. Such ecnifcaren shall specify the date when such compensation and common, have been provided. Such ergificams shall specify Ne date when such compereLion cad insurance expires. The Seller agrees that such Compensation and itumance shall he maintained wtif their the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the mine 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 coronation herewith. The Seiler will indemnify and hold hamdea the Purchua and any Cr all of the Purchasers oflul agents and employees from and against any and all claims, losses, damages, harges or expenses, whether direct or indirect, and whether m persons or property to which the Purchaser may be put or subject by reams of any act, action, neglect, omission or default on the Pan of the Seller, any of his on earvars, or any of the Sellers or contortions officers, agents m 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 my of his Contractors or any of its or then officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, euomey, fees and other expemes, any and all judgmens tact may be incurred by or obmi d against the Purchaser or my of its or choir chimers, agents or employees in such soils or other proceedings, and in case judgment or other lien be placed upon or Amined against We perpBsy of the Purchaser, or said parties in or as a runt of such suits or other proceedings, the Seller will at ence Cause the same to be dissident aM dischaaged by fixing bond or otherwise. The Seller and his contractors shall take all safety precautions, furnish and install all gtanrd necessary for the prevention of meridems, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulaions issued pursuantthereto. Revised 03f2010