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HomeMy WebLinkAbout539693 SELINA KARIM - PURCHASE ORDER - 9143848Fort Collins Date: 07/09/2014 Vendor: 539693 SELINA KARIM 3130 TRADEWIND CT LOVELAND CO 80538 PURCHASE ORDER PO Number Page 9143848 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 I APP Piano Project 2014 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 650.00 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. COMMERCW.DETAIIS. Tax exemptioni By statute the City of Fen Collins is exempt from state and local mass. Om Exemption Number is I I. NON WAIVER. 98-04502. Federal Excise Tax Exemption Cmificam of Registry, 84.6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terns and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). exercise any rights or emedies 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 no release the Seller of Goods Rejected. GOODS REJECTED due to failure w meet sped 0catiuns, 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 transit, may Ix resumed to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance mreofor any of its rights or remedies as to any such goods, regardless instructions from the Cary of Pon Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any Followed am[ modification or rescission of this purchase order by the Purchaser operate as a waiver of my of the terms Inspection. GOODS are adhout to the City of Fort Collins inspection an arrival, hereof. Final Acceptance. Receipt of the merthandise, services or equipmem in response to this oNer aa ..If in 12. ASSIGNMENT OF ANTITRUST CLAIMS. andamiood payment on the part of the City of Far Collins. Ilmrerer, a is to be andemaod tom FINAL Seller and the purchaser recegniu dow in sw nd onsomake practice, u urcou sa resulting fmm anrivust ACCEPTANCE is dependant upon compleiov ofall .,,liable examined inspection procedures. violations are in fart home by the Purchase, Theetofore far pod cause and as consularsa on for eximmin, this purchase order, the Seller hereby aslgns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be ROB., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless acqubed under hand or state antmnst laws for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant too this purchase order. bill most accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipmnal Distance. Where mnefacWrers have distributing points in villain, pans of the country, shipment is line Perelman directs the Seller to correct nenconfomring or defective goods by a date to be agreed upon by the expected from nea rest arest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distance. may cause the work to be performed by the most expeditious means available to it and the Seller shall pay all casts associated with such work. Permits. Seller shall ,sure in sellers sole cast all necessary permits. eenifiuxxv s and littmes ramead by all applicable laws, regulations, oNianees and rules of the sure, municipality, territory or political subdivision whom the work is performed, or required by any other duly constituted public authonry having Jurisdiction over the work of radon. Seller fuller agrees to hold the City of Fan Collins harmless fmm and against all liability and loss retired by toem by reason of an asserted or esmblislxd violation of any such lass, re,tdif ioos, ordinances, rules wadequiremenss. Aumhodaalion. All parties to this summer agree that the representatives are, in fact, bona fide and possess full and complete amhomy to bind said parties. LIMITATION OF TERMS. This P undone Order expressly limits :acceptance to the terms and conditions smuts herein set forth and any supplementary or additional tears and conditions annexed hereto or incorporated herein by reference. Any additional or different cnos and conditions proposed by seller one objeewd W and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifywr cannot make complete shipment to worse on your promised delivery derto as noted. Time is of the examen. Delivery and performance most be effected within the time stared era the purchase order and she fiaumeas attached horeto. No acs of be Fur:hase. including, without limitation, acceptance effaced late delivmes, shall manse res a waiver mills provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equauble remedies, the option ofplwing this order elsewhere and holding the Seller liable for damages. Howeve, the Seller shall not be liable for damages as a result of delays due to ernes not reasonably foreseeable which are beyond its reasonable control and is it, taut, of negligence, such acts ol'God, ace. of civil an infantry authorities, governmental priorities, fires, strikes, Road, epidemics, wars or riots provided that notice of the conditinas causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof In the event of any such delay, he date of delivery, shall be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warms nor all goods, amicln, tmmterial, and work covered by this order will conform with applicable drawings, specifications, samples earri enter descriptions given, will ha fit far the joamemes anrmded, and performed with the highest degree of care and competence in acmrdance with accepted sundmds for work of a similar names. no Seller .gees 1. hold the purchaser hamnless from any loss, damage or expense which the Purchaser any suffer m mouton account addle Sellers breach of aveaanty. The Seller shall replace, repair or make geed, withom post to the pumhae, any defecs or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms of any applicable woranly provided by the Seller anor the date of acceptance of the goods finished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or we of goods by the Purchaser shall not constitute a waiver of my 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 branch of any of the from mng warrants. or guarantees, but such liability shall in im event include lass of profits or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal toms by written change under. 5. CHANGES IN COM IERC1AL TERMS. The Purchaser may make any changes to the lames, other than legal terms, including additions to or delelions from the quantifies originally ordered in the specifications or drawings, by verbal or written change order. If any such change alTecs the amount due or rise time of performance hereunder, an equitable adjustment shall be made. 6.'TERMINATIONS. The Purchaser may at any time by actual change order, terminate this agreement as to any or all portions of the goods then not shipped, v idas to any equitable ad extrnem between the laic, as to my work or maedals rhea an progress provided that the Purchaser shall not be liable for any claims for anticipated profs on the unexmplerd portion of the goods condor work, for incidental or calsome tial damages, and that an, such adjuammr be made in favor of the Seller with respect to any goods which are the Sellers standard stack. No such formimtion shall aline the Purchaser or the Seller ofany ofthear obligations as to any fo ds delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be, asset within thirty (30) days from the date 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 famished in strict omplaance with all applicable laws and regulations to which the goods art subject The Seller shall execute and deliver such daumme, as may he required to effect or evidence compliance All laws and reguladom required f be num,mrated an agccanows of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all toss and disclaims suffered by the Purchaser as is result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or in became due hereunder without the prier, wham common of the other wmy. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Punchiest for all equipment, maunals, and items famished in performance of this agreement, free and clear of my and all lies, rnmmorms, %servxtao w. secunry interest encumbrances and dams ofothers. The Seller shall release the Purchaser and its contractors of any her from all liability and claims of any mmmre resulting from the performance of such work. This m am, shall apply even in the event of fault of negligence of the party released and shall extend to the director, officers and employees of such wry. The Seller's contractual obligations, including warranty, shall not be deemed to be, reduced, in any way, because such work is pert rated or caused to be pcifomred by the Purchaser. 14. PATENTS. Whenever the Sella is required to use any design, device, material or process covered by letter. patent. trademark r copyright, the Seller shall indemnify and save homeless the Patient from any and at I claims tar infringement by reason of the tax of such patented design, device, mmeial or process in connection with the contract. and shut[] indemnify the Punk er her any cost, expense or damage which it my b, obliged to pay by asomm ofsuch infringement m any sine during the pm5eution or after the completion of the smak. In ease said equipment, or any pan thereof or the interWed tie of the goods, is in such suit held ro conatimte infdngemem and the tie of said equipment or eon is enjoined, the Seller shall, at is own expense and at its option, either pronae for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but nonanGmngimg a,mmunL or modify it so it becomes noninfnaging. 15. INSOLVENCY. If the Seller shall become handsaw or Kickoff. make on assignment for the belief, of aedltors, appoint a receiver or trustee for any of the Sella property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the amepement of the agreement and the rights of all panda heeunder skit be mnstmed under and governed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Ramact utive(s), on the pemasea ofoahas- 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, at e of any accident, d,,wwIann or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and treatment we famished by oNers for installation or ametion by the Seller, the Seller shall receive, unload, store pod handle same at the site and became espomible therefor az though such materials and'or equipment were being fmished 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 benefis, to its employees employed on a in connection with the work covered by this purchase order, smear to their dependents in arcifisho a with the laws of the sae in which the work is to be done. The Seller shall aI- carry compehawwo general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and deM1 death limits of at least 5300,0 for any one person, S500,000 for any one ccidentand property damage lama[ per accident of S4o11,000. The Seller shall likewise require his contractors, if any, to provide for such comport ntion and insurance. Before any or the Sellers or his contmcmrs employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a contrcam that such compenmtime and insurance have ban provided. Such cenaficates shall specify the date when such compensation and insurance have been provided. Such o nilicem; shall specify the dais when such compvuataon and insurance expires. The Seiler ogees that such compensation and insurance shall b, maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assurnas the emile responsibility and liability for any and all damage, loss or injury ofany kind or wture whatsomter to parsons or propeay.used by or mulling from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hnanles the Purchase and any or all of the Pardemers officers, agars and employees from and against any and all claim,, losses, damages, charges or expenses, whether direct or andirect, and whether to persons or property to which the Purchaser may be put an subject by ranm of any act, action, neglect, mossaon or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors olRcers, agents or employees. In case any suit or other proceedings shall be brought egaimed the Purchaser, or its eflicers, agents an employees at any tame an account or by reason of any cart. action, neglect, omission or default of the Seller of any rifles contractors or any of its or thew officers, agents or employees as aforesaid, the Sella hereby agrees to assume the defense thereof and to defend the same at toe Sellers own expense, W Pay any and all muss, changes, anorneys fees and other expenses, any and all jnd8mrnts W, nay be retired by or obtained against the Purchne, a any of as in their officers, agents or employees in such suits or other proceeding, and in case judgment or other lien be placed upon or obtained against the property ofthe Purchaser, or said parties in or as a result of such swim or other proceedings, the Seller will at once cause the same w be dissolved and discharged by giving bond or otherwise. The Sella and his contractors shall take all safety precarelicas, famish and insmll all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limiubon, the Occupational Safety and Health Act of 1970 and all rates and regulations Issued personal thereto. Revised 03R010