Loading...
HomeMy WebLinkAbout495578 STANLEY JAMES SCOTT - PURCHASE ORDER - 9143850Fort Collins Date: 07/09/2014 Vendor: 495578 STANLEY JAMES SCOTT 1929 W PLUM ST FORT COLLINS CO 80521 PURCHASE ORDER PO Number Page 9143850 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 2014 Transformer Cabinet 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 1 LOT LS 2,468.00 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 I. COMMERCIALDEfA1LS. Tax exemptions. By statute the City of Fan Collins is exempt from sear, tied local taxes. Our Exemption Number is 98 N502 Federal Excise Tax Exemption Certificate of Registry 84-6000587 is mpfit ed with the Collator at Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Goods RePaud. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in ..it, may Ise resumed to you for onedit anal are cat no be replaced except upon receipt of warren instructions from the City of FortCollins. Inspection. GOODS we subject to the City of Fart Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon strict perfatmunce of the corms and continuous hereof, failure or delay o any rirem ghts or edies provided herein or by law, failure to promptly notify the Seller in the event of a morchfthe accepunce of ru WMen, for Goods hereunder or appmcsl of the design, shall nor release fe Seller of any of the warranties or obligations of this purchase oNer aW shall nor be deemed a waiver of any right of the purchaser to insist upon strict perfomtance hereofor tarry of is rights or remedies as le any such gwds, regardless of when shipped, received or ¢versed, res to any prim or subsequent default hereunder, we shall any paponed oat modification or rescission of this purchase order by the Pumbaser operate m a waiver of any of the terms hereof. Final Acceptance. Receipt of the merchandise, services r equipment in response to this order can result in 13. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of ran Collins. However, it is W to understood that FINAL Seller cad the Plic h.er recogniz, that is actual amount, practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures, vinlations are in fact home by he Ferretti Theodolitic, for good taro and . twordeurion for executing this purchase made, the Seller hereby authors to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be FO.B.. City of Fort Collins, 700 Wood St-, Fort Collins, CO 80522, unless acquired under federal or sure antitmst laws for such overcharges relating to the particular goods or services otherwise specified on this order. If permission u given to prepay freight and charge separately, the ongivl freight purchased or acquired by the Purchaser pursuant to this purchae, maker. bill most accompany invoice. Additional charges for parking will and be acceproi 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing panels in various pans of the country, shipment is If the Purchaser directs the Seller to carted nonconforming or delbedve goods by a date to be agreed upon by the expected from the avatar distribution point In destination, said excess (might will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipment are made from greater dismnce, may auto for work to be Performed by the most expeditious means available m it, and for Seller shall pay all casts associated with such weak. Pamir. Seller shall procure st sellers to cast all necessary pe.a., cani lcam, and licenses ¢,anted by all applicable laws, regulations, ordirunca and rules of the scat, municipality, territory or Political remission where The Seller shall release she Purchaser and its c rstracors of any her from ell liability and claims of any nature the work is perfOmted. or required by any other duly commanded public authority having jurisdiction over she work resulting fmm the performance of such work. of vendor. Seller further agrees to hold the City of Fan Collins Females, fmm and against all liability suit lass nommal by them by season of an sated or established uiolmion of any such laws, regulations, mall unees, roles This release shall apply even in the event of fault of negligence of the puny related and shall exteml to the and requirement. directors, officers and employees oftech pray. Andormation. All panics to this contact agree Ihm the represeaalives are, in fact, bona fide and possess bill and The Sellers contractual obligations, including warranty, shall not be deemed to he reduced, in any way, because complete authority in bind said ponies. such work is Performed or caused to be perfrmmed by the Purchaser. LIMITATION OF TERMS. This Purchase Data expressly limits accepunce to fie arms and conditions stated herein set beach aW any supplementary or additional tams and extraditions annexed hereto or incorporated herein by reference. Any inkloovl or dilRrear terms and conditions proposed by seller are objereea tp and hereby jetted 3. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifycu cannot make complete shipment to arrive on your promised delivery date. noted. Time is of the essence. Delivery and performance most be effected within the time stated on the purchase order and the documents inewhol hereto. No ails of the purchasers includin, without limitation, acceptance of partial late deliveries, shall operate 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 .,dot and holding the Seller liable for damages. However, the Seller shall Out he liable for damages . a result of delays due to muss not rwwwbly foreseeable which are beyond its reasonable mewl and without its fault of negligence, such acts of God, aces ofcivil or military authorities, goveomenul primilies, fins, stokes, Rood, epidemic, wars or riots provided that active of the conditions coming such delay is given to the Purchaxr within five (5) days of see time when the Seller first received knowledge thereof. In fie evens of any such delay, the date of delivery shall to extended for the period equal to the time amnlly lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this Order will conform with applicable dawVoge, specifications, samples worker other descriptions given, will be fit for the purymes intended, and Performed with the highest degree of care aW competeure a accordance with acmpred standards fro work of a milar nature. The Seller agrees to hold the pumhae, harmless from any loss, damage or experse which the Purchaser may Sadler or incur on account of the Sellers breach of warranty. The Sella shall replace, repair or make goad, without cost to the parchama, any defresa or faults arising within one (1) year or within such longer pored of time as may be prescribed by law or by the terms army applicable commonly provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably dcoyed , resulting from imperfect or defective work done err materials hear d by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this pm<hau aide, the Sellers liability hereunder shall extend to all damages proxirately caused by the breach of say of the foregoing warafitim, or guarantees, but such liability shall f na event include lass of profs m loss Of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes as legal to. by warren change order, 5. CHANGES IN COMMERCIAL TERMS. The Purchwe, may :cake any changes to the arms. .,her than legal terms. including additions to or deletions from the quern originally ordered in the peca ficannow Or dmwin p. by verbal or written change order. If any such change aRects the amount due or the time ofperfotmam, hereaWer, an equitable Wjustment shall be made. 6. TERMINATIONS. The Ruchremay at any time by women change aide,, temdnam this agreement as . way or all pornoaw of fie goods then Out shipped, subject o any equitable reformism between the parties as to any work or constricts then in progress provided that the Purchaser shall not be liable for any claims for anticipated profit on the uncompleted pnnlon offer goods mad., work, for incidental or consequential damages, and that no such adjustment be made in fmvr of the Seller with respect to any goods which are the Sellers standard stock. No such tewinmion shall relieve the Purchaser or fie Seller Many ofthdr obligations as to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. A, claim for adjustorea moot be asserted within fiat' (30) days from the date the change or 'attention- is oNefed. 8. COMPLIANCE WITH LAW. The Seller warrcom that all goods sold hereunder shall have been pralured, sold, delivered and famished in strict compliance with all applicable laws and regulations 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 to be incorporated in agreements of this character we hereby morpomud herein by this reference. The Seller ogees to indemnify aM bold the Purchaxr hams eats farm all costs and damages suffered by the purchaser. is cool, of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither patty shall assign, number, or convey this order, or any monies due or to become due hereunder without fie prior written consent ofthe other Party. IT TITLE. The Seller warrants full, clear and considered title to fie Parchaur for all equipment, materials, ead items Imnished in performance of this agreement, free end clew of any and all limn, rembuiew, r.m no., security insemr awwMwwui end claims ofotheu- 14. PATENTS. Whenever the Seller is required to use any design, device, momena or process covered by letter, patent tmdmurk or copyright, the Sella shall indemnify, and save hmmless the Fathom fmm my and all claims for inGngentem by preemp of the use of such pmented design, device, material or process in connection with the mmmcl, aW shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or alter the completion of the work. In two said equipment, or any an thereof or the intended use of he goods, is in such suit held to constitute infringement and the use of said tyuipment or pan is enjoined, the Seller shall, of its own expense and m its Orion, either presence far the Purchaser the right to continue using said equipment or pans, replace fie mute with substantially equal but incriminating tyuipment, or modify it sat is becomes noninfirtgiii, 15. INSOLVENCY. If the Seller shaft become insolvent or batkmpt make an assignment for the benefit of oredimrs, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without Inability. 16. GOVERNING LAW. The clef unions orients used or the interpretation offs, agreement and the rights of all parties hereunder shall be connected seeder card gfivemed by fie laws of fie Sure ofColoreda, USA. The following Additional Couditloo apply only in causes where fie Sella is to Perform work ha,uWer, including fie services of Sellers Represeoutivds), on the pairs. afoshers. 17. SELLERS RESPONSIBILITY. The Sella shall carry oa said work at Sellers awn risk wail the same is fully completed and accepted, and shall, in u of any accident, destruction or injury to the work andpor materials before Sellers fiml completion and meptance, complete the work in Settees own expense and to the satisfaction of the Purchaser. When materials and tyuipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload, sore and handle more at the sire and become responsible ferefor as though such mammals torpor equipment were being famished by the Sella under the order. 18. INSURANCE. The Seller shall, at his awn extreme, pmvlde for the payment of workers compensation, including occupaiotul disease benefits, ro its employees employed oa or in connection with the work covered by this purchase orde, wNor to their dependents in accordance with the Loss of the state in which the work is to be done. The Seller shall also tarty comprehensive general liability including but not limited to, contractual and automobile public linmiums roams— with bWily injury ,it death hunts of at law S300,0m for any one person, S50D.010 for any one accident and property, damage limit per accident of S400,000. The Seller shall likewise require his commachars, if any, to provide for such compareartion and insurance. Before my of the Sellers or his commerce employees shall do any work upon fie premises of others, the Sella shall f sh the Purch.er with a certificate chat such confirmation and incrourance have been restricted. Such comflwes shall sorrily she date svhcn such compensation and irawane, have been provided. Such certificates shall specify the date what such compensation and insurance expires. The Seller agmes that such compensation cad Iaurance shall be main tined until after the emir, work is completed and accepted. I I. PROT ECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assume the entire responsibility cad liability for any and all damage, loss or may of any kind or aamm whatoever no persom or property, caused by or molting fmm the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify aW hold harmless the Purchaser and any or all of the Purchasers officers, agents and employees cam and against my road all claims, losses, damages, charges or exposures, whether direct or indirect, cad whether to persons or property to which the Imminence may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In cam any suit or other proceedings shall be brought against the Purchase, or its officers, agents or employees at any time on account or by reason of any act, action, neglect omission as default of the Seller of any of his canwetors ar any of its or their officers, agents or employees . aforesaid, the Seller hereby moves to .some the defense thereof it m defend the more at she Sellers own expense, w pay any and all casts, charges, attomeys fees and other expenses, any and all Indgmmu that may be incurred by or obtained against the Purchaser or any of its of their officers, agents or employees in such suits or other proceedings, and m case judgment or other lien be placed upon or obtained against the Property of the Purchaser, or said parries in or. a mutt of such suits or other proceedings, the Seller will at once cattm the same to be dissolved and discharged by giving Fund or oherwlse. The Sella and his commemrs shall take all safety precautions, famish and insull all guards necessary for the pm'artiou of accidents, comply with all laws cad regulations with regard to safety including, but without limitmion, the Occupational Safety and Health Act of 1970 and all rules and reunions issued pursuam thercro. Revised 01all