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HomeMy WebLinkAbout312391 AMELIA CARUSO - PURCHASE ORDER - 9143847Fort Collins Date: 07/09/2014 Vendor: 312391 AMELIA CARUSO 540 S SUMMIT VIEW DR FORT COLLINS CO 80524 PURCHASE ORDER PO Number Page 9143847 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: 07/08/2014 Buyer: PAUL, GERRY Note: Line Description Quantity UOM Unit Price Extended Ordered Price APP Piano Project 2014 1 LOT LS 650.00 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.wrn $650.00 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 from state and local taxis. Our Exemption Number is 9949502. Federal Excise Tax Exemption Certificate of Registry 84-6000589 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref Colorado Revised Sounder 1973, Chapter 39-26. 114 (a). Goals Reacted. GOODS REJECTED due to failure to men specifications, either when shipped or due to defects of dmmge in remit- may W relumel to you for credit and arc not to be replaced except upon receipt of written instructions from the City of Fon Collins. Inspection. GOODS are subject to the City of Fan Collins inspection on moral. Final Acceptance. Receipt of the merchandise, services or ornipment in response to Ws order can much in mthorimd payment on the pan of the City of TOM Collins. However, it is to be understood that PHIAL ACCEPTANCE is dependent upon completion of all applicable required inspection pracedures. Freight Terms. Shipments mast he F.O.B., City of Fort Collins, 700 Wood SL, Fort Collins, CO 80522, unless othcrwiu specifies oa this order. If permiuim is given m prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is ,spatted from the mares, distribution an to destinaeim, mad execs freight will be deducted from Invoice when shipments are made f greaea disanre. 11. NONWAIVER. Failure of the Purchaser 1m insist upon sme, perfmanee of the tam¢ and emduam, hereof, failure or delay to any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, weemance ofor payment for goods hereunder or approval cried design, shall not release the Seller of any of the warranties Or obligations of this ptuchme order and shall not he deemd a waiver of my right of the purchaser to insist upon ame, performance hereof or any of its rights or remedies as to any such goods, regardless Of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall my puryoned oral modification or rescission of this pureluse order by the Purchaser operate as a waiver of any of the terms Moor. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Sella 0 1 the Purchaser recognim that in wool economic practice, overcharges resulting from :antitrust violations are in Met home by the Pumbaer. Theremfure, for gad cause and as consideration for executing this Purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under federal or state antitrust lass far such overcharge relating to the particular goads or movicas pmehased or acquired by the Purchaser ormand 1m this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. HIM Purchaser directs the Seller to cancer nommnforming err defective grads by a date to be agreed upon by the Purchaser and the Sella, and the Seller rbere.Be, i:diales its inability or wwillingness to comply, the Purchaser may rouse fie work to be perfumed by the most expeditious means available to it, and the Seller shall pay all costs rowisled with such work. Permits. Seller shall proem, a, sellers .to cast all necesmry permits, certificates and licenses required by all applicable laws, regulations, ordinances and roles oflha state, municipality, territory or political subdivision where the work is performed, or rehired by any other duly consumed public authority havingjurisdiction over the work of vendor. Seller (order agrees W hold the City of Fort Collins harmless from and against all liability and loss .acorrea ed by them by son of an assured or established violation of any such laws, regulations, Ordinances, roles d requi meats. Authodmtion. All parties to this contract agree that the representative are, in beer, bon fide and possess full and complete authority to bind said ponies. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the rams and conditions stated herein Set forth and any supplementary or additional terms and conditions annexed hereto or incorpoided herein by ref era. Any additional or differen,rams and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your Pat delivery date as noted, q one is of he sane. Delivery and performance must be effected within the time sorted on the purchase order and the documents attached harem. No acs of the Purchwers including, without limim,im4 acceptance of partial late deliveries, sR II operate or a waiver of this provision, In the neat of any delay, the Purehnser shall have, in addition 10 other legal said orchestra remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, Re Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which ore beyond its reasonable control and without its fault of negligence, such .is of God, acts nfrivil or military authorities, govemmenml priorities, fires, strikes, flood, epidemics, wars or riots provided that notice of the condition causing such delay is given to the Purchaser within five (5) days of the time when the Sella firs, received knmvledge them[ In Re ner1 of my such decay, the date of delivery shall M extended for the period eggal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants Out all goods, articles, materials and work covered by this order will conform with applicable drawings, spedfimtion, samples mill., other descriptions giver, will be fit for the pdupma intended, and perfumed with the highest degree of care and competence in accordance with accepted standards for work of a 'miler nature. The Seller agrees 1m hold the purchaser Mmless from any loss, damage Or expense which the epair Purchaser may suffer or incur on account of the Sellers breach ofwarmity. The Seller shall replace, rar make good, without cost to the purchase, any defects or faults arising within one (1) year or within such longer period of time u may be proscribed by law or by the terms of my applicable warranty provided by the Seller after the date of acceptance of the good famished hereunder (acceptance not to be unreasonably delayed), resulting from impelled or defective work done ar materials fumished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warmary. Except in otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages presumedly caused by the bench of any of the foregoing warranties or guarantees, but such liability shall in an event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGALTERMS. _ The Purchaa may nuke changes,a legal terns by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the toms, other than legal terns, indoding ruldho ons 10 or deletions from the quantities originally ordered in the Specifications or drawings, by verbal or written change order. If any such change affects 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 then not shipped, subject In any equitable adjustmmt between the putties to to any work or numnas then in progress provided that the Purchaser shall not he liable fir any claims for anticipated profits on tM uncompleted Portion of the goods tabor work, fro incidental or consequential damages, and that no, such adjustment M ca de in favor of the Seller with trades, ,o any grads which are the Sellers standard stock. No rush ¢minatim shall mlieve ,he Purchaser or the Seller of any of their, obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be assured within tarty (30) days from the data the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and fumished in strict compliance with all applicable laws and regulations to which the goads am subject- The Sella shall execute and deliver such documents as may be required to effect or eviderce compliance. All laws and regulariortx required to be incorporated in agreements of this character arc hereby incorporated herein by this Totemic, The Seller agrees to indemnify and hold the Purchase, harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither Party shall assign, transfer, or come, this order, or any mantes due or to became due hereunder without the prior written comer, Of the Other party. 10. TITLE. The Sella wasranLs full, clear and puaniaed tide to the Purchaser for all equipment, materials, and in. Famished in Performance of this agreement, free and clear of any and all liens, resWetions, recreation, security interest mcumbrances and claims of others. The Seller shall release the Purchaser and its contmcon, of any tier Iron all liability and claims of my nalore resuhing from the performance ofsach 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 ofsach pang. The Sallds communed obligations, including sea. , shall not be deemed to be reduced, in any way, because such work is performed or crowd to 1w performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device material or process covered by letter, patent, trade=& or copyright, tM Seller shall indemnify and save Rounders the Paternoster Gom any and all claims for infringement by reason of the com of such patented design, device, mammal or process in connection with the contract, and shall indemnify the Purchaser for any cost, ex,com or damage which it may be obliged to pay by reason 0fsuch infringement at any time during the prosecution or after the completion of the work. In case said equipment, or my pan thereof or the intended use of the hands, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its awn expense and to its option, either procure for the Purchaser the right to continue using mid equipmmt or pans, replace the same with substantially equal but noninfriel oroipro n, or modify it sus it becomes mainfringing. IS INSOLVENCY. If the Seller shall become insolvent or baMmpt, make an assignment for the benefit of creditors, .ppoier a receiver or trustee for any of the Sellers properly or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERN WG LAW. The definitions Oftemu used or the interpretation argue agreement and the, rights ofall parties hereunder shall be consumer under and Viscmed by the bens of the State ofCololam, USA. The following Additional Conditions apply only in where the Seller is to Perform work hereunder, including the services mSellers Repmxcrd ivepsL oa thecases premises of.thers. 17. SELLERS RESPONSIBILITY. The Seller shall can, on mid work at Seller's own risk until the same is fully completed and accepted, and shall, in se of any accident, destruction or injury to the work anbor materials before Sellers final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purcbsser. When maerials and equipment are fumished by others for installation or erection by the Seiler the Seller shall receive, unload, store and hurdle same at the site and beeome responsible therefor as though such mmerials aM.br egnipmm, acre being fumished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own aspen, provide far the payment of workers eampensmom, including compatianal disease benefits, to its employees employed on or in connection with the work covered by this purchase order, anbor to their dependents in accordance with the laws of the state in which the work is to he done. The Seller shall also carry comprehensive general liability including, but not limiled In, emnmcmal and automobile public liability insurance with bodily injury and death limits of at brut S300p00 far any one person, $500,0001., any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his common, if my, to provide bra such compensation and insumnce. Before any of the Sellers or his contractors employees shall do any work upon the premises of others. the Seller shall famish the Purchaser with a cerificere that such compensation and insurance have been provided. Such certificates shall specify the data when such compensation and insurance have been provided. Such certificates shall specify, the date when such compensmion and insurance expires. The Seller agrees that such compensation am insurance shall be maintained until after the entire work is completed and horrified. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. the Seller hereby assumes the entire omp.nsibil icy and liability fur any and all damage, loss or injury army kind or wtum whatsoever to persons or property caused by or resulting from the execution of the work provided for in this porchau order or in connection herewith. The Seller will iMemnify and bald harmless the Purloiner and any to all of the Purchasers oMo., agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchase may be put or subject by reason of any act, actiom neglect, omission or default on the an of the Seller, any of his contractors, Or any of the Sellers Or Contractors olhcers, agents Or mploymS. In com any suit or other proceedings shall be brought against the Purchase, or its officers, agents or employees at any time on account in by reason of my act, action, neglect, omission or default of the Sella of my of his contractors or my of its or their infli agmts or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same an Sellers own expense, to pay any and all costs, charges, morneys fees and ocher expenses, my anA all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in we judgment or other lien be placed upon or obtained against the propmy of the Purchaser, or mid panes in or to a result of such suits or other proceedings, the Sella will at once cause the same to be dissolved and discharged by giving band or otherwise. The Seller and his womarcmrs shall take all safety precautions, famish and install all guards necessary for the poevemlon of accidents, comply with all laws and regulations with regard an safety including, but without limitation, the Countermand Safety and Health Act of 1970 am all roles and regulations issued pursuant thereon. Revised 03(010