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HomeMy WebLinkAbout375464 DAVINCI SIGN SYSTEMS INC - PURCHASE ORDER - 9134693Fort Collins Date: 07/07/2014 Vendor: 375464 DAVINCI SIGN SYSTEMS INC 4496 BENTS DR WINDSOR CO 80550 PURCHASE ORDER PO Number Page 9134693 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS CO 80521 Delivery Date: 08/26/2013 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2 Change Order 1 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 1 LOT EA 1,591.30 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. COMMERCIALDETAILS. Tax exemptions. By statute the City of Tom Collins isexempt from slate and local taxes. Our Exemption Number is 11. NONWAR'ER. 98.04502. Federal Excise Tax Exemption Cmifcate of Registry 84-6000587 is reginered with the Collector of Failure of the Purchaser m insist upon shin performance of the terms and ..drum. hereof, failure or delay m Inmmal Revenue, Denser, 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 Sella in the event of a breach, the acceptance offer payment for goads hereunder or approval afthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to men specificalinds, 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 any right of the damage in march, may be resumed to you for credit and are not to be replaced except upon receipt of written purchaserto insist upon strict performance hereofor any of its rights or remedies as to any such goods, regardless instructions from the City urban Collins. of when shipped, received or accepted, . to any prior or subsequent default hereunder, nor shall any pr Camd ore] mndifi.tion or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS art subject to the City of Fort Collins inspection on amual. harm(. Final Acceptance. Receipt of the merchandise, savides or equipment in response to this order can mull in I2. ASSIGNMENT OF ANTITRUST CLAIMS. audition l payment on the Wn of the City of Pon Collins. Manteca, it is to be understood that FINAL Seller and the Purchaser monogram Oat in actual economic practice, overchges ha ndling firm entitust ACCEPTANCE is dependent upon completion of all applicable required inspection pra.dures. violinists arc in fact bore by the Parchohn. Theremforenfaar gco i.use and as consideration I., executing this purchase ender, the Sella hereby assigns . the Purchaser any and all Claims it may now have Or hereafter Freight Terms, Shipments must Is, FOR.. City of Fort Collins, 700 Wood St., Pon Collins, CO 80522, unless acquired under federal or stare antitrust laws fir such overcharges relating m the particular goods or services ofla mise specified on this order. If permission is given to prepay freight and charge sC,.,,Iy, the original freight purchased or acquired by the Purchaser ptarsoam to this purchase order. bit nnm anomuanv invoice. Additional charges for packing will not be accepted. Shipment Distance. Where ntanulacmrers have distributing fork in various pans of the country, shipment is expected front the ..rest distribution paint to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall private to sellers sole cost all necessary parmon, cenificates and li.nscs required by all applicable laws, regulations, ordinaries and rules of the state, municipality, aertitory or political subdivision wMm the work is performed, or marmots! by any other duly coactitumd public authority havirt,arimaian ova the work of ,ad.,. Seller thrnter agree to hold the City of FOR Collins harmless from and mas, all liability and loss incurred by them by reason of an asserted or establi heal violation of any such laws, regulations, ordinances, tales and requirements. Anfl ommuch All parties la his contract agree that the representatives arc, in tact, bona fide and possess full and omplete authority in bind said panics. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terra and conditions staled herein set forth and any supplementary n, additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different menu and conditions proposed by seller ore objected to and hereby rejected. 2. DELIVERY, PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your premised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order, and the documents much d here(. No acts of the Purchasers including without limitation, acceptance of partial late deliveries, shall Cpemte as a waiver of this provision. I. me 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 for dumnges. However, me Seller shall not be liable for damages . a result of delays due m erases rim reasonably foreseeable which are beyond its reamuble control and without its fault of negligence, such act, of God, acts of civil or military nuthorhies, gaccmmental priorities, fires, strikes, flood epidemic, wars or riots provided that notice of the conditions causing such delay is given to the Purcha&er within five (5) dory, of the tinm when the Seller first received knowledge thereof In the evem or any such delay, the data of delivery boll be extended for the period and m the time actually lost by reason fthe delay. 3. WARRANTY. The, Seller warrants that all goods, amides, materials and work eovaad by this order will conform with applicable drawings, specifievnons, samples andror other descriptions given, will be fit for the puryoses intended, and performed with the highat degree of care and mmpde.ce in accordance with accepted standstills for work of a similar =lure. The Seller agrees to hold the purchaser hamdns farm coy loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers branch of waranty. The Seller slut] replace, repair or make grad, without cast to the purchaser, any defects or faults arising within one (1) year or within such longer period of tinid as maybe prescribed by law or by the terms of any applicable warranty provided by the Seller after the data of acceptance of the goods fomisbal hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or detective work done or materials famished by the Seller. Acceptance ar use in goods by the Purchaser shall nut 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 crony of the foregoing isometrics or promises, es, but such liability shall in no event include loss of profits 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 change, roc legal terms by Commit change order. 5. CI JANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tames, other than legal marts, including additions 1. or deletions farm the gran nice anglnntty ordered in the epecifcations or drawings, by cabal or wnnen change EXACT IIany such change alfects the amount due or the time of performance herctmder, an equitable adjustment sholl be made 6. TERMINATIONS. The Purchaser may at any time by written change Elver, termi.om this agreement as to any or all ponimrs of goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods anNor work, for i fighbo l or consequential damages, and that no such adjustment IS, trade in favor of the Seller with .pat ad any gdonds which are the Sellers standard stack. No such termination shall relieve the Purchaser or the Seller ofany of Nei, obligations as or any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days (rum the dam the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shell have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulaliom m which the good art subject The Seller shall execute and deliver such documents to may be required to effect or evidence compliance. All laws and mplatioru required or M ncoryardted in agreements of this character am hereby incorporated herein by this reference. The Seller agora to indemnify and hold the Purchaser harmless from all cos. and damage suRertd by the Purchaser m a real, of the Sellers failure m cout with such law. 9. ASSIGNMENT. Neither parry shall assign, manager, or convey this order, or any monies due or as become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to me Purchaser for all equipment, materials, and items famished in Performance of this agreement, free and clear of any and all diem, restrictions, reservations, security interest encumbrances and claims armors. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to corteot nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Selleq and the Seller theaeafer indicates its inability or unwillingness to comply, the Purchaser may area ,he work m be Performed by the most expeditious ream available as it and the Seller shall pay all costs assocuted with such work. The Sella shall release the Purchaser and its contractors of any tia from all liability and claims of any mture resuming from the performance 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 Selleh comractmd obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is perforated a caused to be pedonned by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or Tourist, covered by letter, parent, trademark or copyright. the Seller shall indemnify and save harmless the Puouhaser From any and all claims for infringement by reason of the on, of such pfiented design, derive, malarial of process or .rate lion with the cammct, and &lull indemnify the Purchuer for any cast, expense or damage which it may be obliged as pay by reason of such infringement at any time during the pmsemtion or after the completion of the work. In case .id equipment, or any pan thereof or the informed use of the goads, is in such suit held to mmnmre 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 pans, replace the same with substantially signal but noninGnging equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall became insolvent or bankmpt make on assignment for the benefit of creditors, appoint a or while. far any of the Sellers progeny or business, this order may forthwith be canceled by the Purchaser without liability. I& GOVERNING LAW. The definino- arm. used or flee interpretation of the agreement and the rights ofall panic hereunder shall be camauad under and gorcmed by the laws ofthe Sum of Colorado. USA. The following Additioml Conditions apply only in cangs where the Seller is to Perform work hereunder, including the services of Sellers Represemadive(s), on the premises ofother, IT. SELLERS RESPONSIBILITY. The Seller shall very no sold work at Seller's ownn risk until the same is fully completed and accepted, and shall, in se of any tsaidem, destruction or injury to the work and/or materials before Sellers final completion and ccaRshe.. complete the work at Sellers awn expense and m the sfi socrion of the Purchases When .aerials and equipment are Pomishal by others far installation or erection by the Seller, the Seller shall receive, unload, store and handle same as the site and become responsible therefor as though such materials and/or equipment were being famished by the Seller under the order. 19. INSURANCE. The Sella shall, at his own espouse, provide for the payment of waders Compensation, including occupational disease bouer , to its employees employed on or in connection want Ne work covered by this purcham mode. ardor m their dependents in accordance with the laws of the sate 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 bodily injury and death limits of at least 5300,000 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 unit insurance. Before any of the Seller, or his contractors employees shall do any work argon the premises of others, the Seller shall Hanish the Purchaser with a certificate that such compensation and insurance have been provided Such cenificates shall specify the date when such mpensation and insurance have been provided. Such.rtificme shall specify she date when such compensation and insurance expire. The Seller agrees dot such compensation and ifsurance shall be maintained until ader the more work is completed and accepted 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes he mnim responsibility and liability for any and all damage, loss a injury fany kind or nature whatsoever to perwns 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 banalities the Purchaser and any r all of the Purchasers officers, agenand employees boom and against any and all claims, losses, daages, cts m harges or expenses, whether direct or indirect, and whether to poisons or property to which the Purchaser may be put or subject by reach of any act, action, neglect omission or default on the pan of the Seller, any of his conrmerors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at my time on account or by ranmn of my Oct. action, neglect, omission or default of the Seller of my of his contractors or any of its or than officers. egen. or employees res aforesaid. the Seller hereby alpees to assume me defense thereof and so defend the same at the Sellers own expense, m coy any and all costs, charge, momeys fees and other expenses, any and all judgments that may be inured by or Obtained against the Purchase, Or any of its or then officers, agents or employees in such am. or be, proceedings, and m rase judgment or other liar be place upon or obainN against the property of the Purchaser, or said panics in or as a result of such stairs in other poweamp, ,he Seller will at mutt cause the same to be dissolved and discharged by giving bond a otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guards necessary for the prevention of cciden., comply with all laws and regulations with regard m safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all tales and regulations issued pursuanuherem. Revised 03n010