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HomeMy WebLinkAbout539933 JENNA M ALLEN - PURCHASE ORDER - 9143879of Fort Collins Date: 07/10/2014 Vendor: 539933 JENNA M ALLEN 2004 ORCHARD PLACE FORT COLLINS CO 80521 PURCHASE ORDER PO Number Page 9143879 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: 07/09/2014 Buyer: PAUL, GERRY Note: Line Description Quantity UOM Unit Price Extended Ordered Price t 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.wnn 1 LOT LS 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. COMMERCIALDEfAILS. Tax exemptions. By such, the City of Fan Collins is exempt from same and Imal taxes. Our Exemption Number k 98-04502. Federal Excise Tax Exemption Certificate of Registry, 84-6000587 is registered with the Collector of Intemnl Revenue. Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Goods Rejected GOODS REJECTED due to failure to meet speci ficatimss, either when shipped or due to defects of damage in Conch, may be returned to you for credit and are not to be replaced except upon receipt of wromn instructions from the City of Fort Collins. Inspection. GOODS ore subject to the City of Fort Collins inspection on consul. Food Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in authorized payment on the pan of the City of Fall Collins. However, it is to be understand that FINAL ACCEPTANCE is dependenl upon completion of all applicable required inspection procedures. Freight Terms. Shipments most be P.O.B., City of Fort Collins. 9W Wood St., Fort Collins, CO 80522, unless otMrwise specified on this coder. If permission is given to prepay Ireide, and charge separately, me original freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacutrers have distributing points in various parts of the country, shipment is expedW boo the nearest dimdbmia l he to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary ximants, cmifcares and licenses minted by all applicable laws, regulations, ordinances and roles ofine state, merhaimlily, mount, or political mbd,iman where the work is peratrmal, or required by any other duly cormitued public authority having jurisdiction over the work of woman Seller further agrees to hold the City of For Collie harmless from and against all liability and loss incurred by them by ressov Offal asserted or establisbN violation ninny such laws, regulations, ordinances, rules and repair ems. Authorization. All parties to this contract agree that the represomm ices are, in fact, bona tide and pucsess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits accepmnce to the forms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different If. and conditions exposed by seller are objected to and hereby rejecsd. 2. DELIVERY. PLEASE, ADVISES PURCHASING AGENT immediately if you caanot make complete shipment to arrive on your Promised delivery date on noted Time is of the essence. Delivery and perfom m most he effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late delivetiq shall Wome 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 order elsewhere and holding the Seller liable for damages, however, the Seller shall not be liable for damages as a result of delays due to muses not remambly foreseeable which art bryand its reasonable mmmi and without in fault of negligence, such acts of God, acts of,ivil or military authorities, govemmenul priontics, fires, strikes, hood, epidemics, wars or nuts provided that hire of the conditions causing such delay is given to the Purchaser within from (5) Dys of the time when the Seller bm received knowledge thereof. In the event of any such delay, the date Of delivery shall be extended for me period yual to the time actually 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 drawings, mecificalions, samples and/or other descriptions given, will be fit for the purposes intended, and perfumed with the highest degree of cam and competence in memdance with accepted sendurds for work of a similar mature. The Seller agrees to Mid the purchaser hamdes from any loss, damage or expense which the Purchaser may suffer or incur on avin unr of the Sellers breach i f warranty. The Seller shall replace, repair or rake good, without cost Iha the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by low or by the brnv Of any applicable wantonly provided by the Seller after the date of acceptance of the goods furnished hereander (acceptmce not to be unreasonably delayed), resulting from imperf t or defective work done or materials famished by the Seller. Acceptance or use of goods by the Pmcbsser shell Chat mnstimte a waiver ofany 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 of my of the foregoing warranties or guarantees, but such liability shut) in no event include loss of profits or toss 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 bums by Mum change order. 5. CHANGES IN COMMERCIAL T ERMS, The Purchaser may make any changes to the moms, other than legal mares, including additions to ar deletions from the quantities originally ordered in the specifications or &an trip, by vereal or woven lunge order. If any such cling, offices the amount due or the time of performance hereunder, an emitable adjustment shall Ire made. 6. TERMINATIONS. The Purchaser may at any time by wrinen clunge order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjusmCmt between the panics as many work or materials ram in progress provided tea the Purchaser shall nor be liable for any claims for anticipated prof¢ on the uncompleted portion of the goods and/or work, for incidental or consque tial damages, and that no such adjustment be made in favor of the Seller with rw,xG to any goods which are the Sellers standard stock No such monination shall relieve the Purchaser or the Seller of any oftheir obligations as to any goods delivered hereunder. ). CLAIMS FOR ADJUSTMENT. Any claim for adjustment most b, asserted within thirty (30) days from the date the change or termination k ordered. S. COMPLIANCE WITH LAW. The Seller warrants ram all gook said hemuber shall base been produced sold delivered and famishel in avian ompliance with all applicable Ian's and regulations to which the goods am subject The Seller shall ,,arum 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 are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchnser harmless from all Costs and damages suffered by the Purchaser as a mull of the Sellers failure as comply with such law. 9. ASSIGNMENT. Neither parry shill assign, bansfer, or convey this order, or any monies due or to became due hereunder without the prior wrinen emosent of the other parry. iff TITLE. The Seller wananm full, clear and unresbicted title to the Purchaser for all equipment, mammals, and items famished in performance of this agreement, free and clear of any and all liens, m,arictians, msetvmlm¢, semrity interest encumbrances and claims of others. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the term and conditions hereof, failure or delay to y rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a h Frencemy acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall nor be deemed a waiver of any right of the Purchaser to Twist upon sort performance hereof or any of its rights of remedies to many such goods, regardless of when shipped, received or accepted, as to any prior or vir mum. default hereonder, nor shall any puryoned oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust violations are in fuel home by the Pumhmer. Theretofore, far good taus and as consideration for executing this purchase order, file Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under fideml or state antitrust laws for such overcharges miming to the particular goods or services purchased or acquiml by the Purchaser pursuant to this purchase mat 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller ro correct nonconforming or defective gaols by a date to he agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness m comply, the Purchaser may cause the work to he performed by the most expeditious means available to it, and the Seller shall Pay all chases aswcimed with such work. The Seller shall relcom the Purchaser and its Contractors ofany tier from all liability and claims of tiny nature resulting from the performance of work. This release shall apply even in the ,rear of fault of negligence of the party released and shall extend to the directors, ofecrs and employees of such Party. T he SO let's em nactual obligations, including warranty, shall nor be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. W hom,c, the Seller is rquird In use any design, device, matenal or process covered by letter, paten, trademark copyright, the Seller shall indemnify and wave hnnnless the purcM1acer from any and all claims for infringement by reason of the use of such parented design, device, material or process in connection with the rummer and shall indemnify the PurcM1acer for any cos, expense or damage which it may be obliged to pay by reason of such infdngemem at any time during the prosecution or after the completion of the wad. In case said equipment, or any pan thereof or the amended use of the god, is in such suit held to eventiee infringement and the ou of void equipment ,, an is enjoined, the Seller shall, al its own expense and at irs option, either procure far the Purchaser the right to continue using said equipment or parts. replace the same with substantially equal but noninfringing quip atom, or ammory it an m becomes noninfnngin& 15. INSOLVENCY. If the Seller shall become insolvent or bankmpC, make an assignment for the benefit of credimm. appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. to. GOVERNING LAW. The definitions ofmrms used or the interpretation ofthe agreement and the rights of all parties hereunder shall be comtmed under and governed by the laws of the Smte oFC.ICrnd., USA. The following Aciditimul Conditions apply only in cases where the Seller is to perform work hemandeq including the smices of Sellers Represchmaive(s), rn the premises afmarfs 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellms awn risk until the same is fully completed and accepted and shall, in Case of my accident, destruction or injury to rile work anNnr materials before Sellers fcal completion and me,darec, complete the work: as Sellers on expense and by the mrlsfactlon of tee Purchaser. When matenals and qumpment arc furnished by timers for installation it, election by the Seller the Seller sIW I receive, ubmd, store and handle same at the Bile and become responsible therefor m though such materials ardor qulpmem were being furnished by the Seller under the order. IS. INSURANCE. The Seller shall, at his own experaw. provide for the payment of waders compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, onNor to their dependents in accordance with the laws Of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited m, contractual and automobile public liability insurance with bodily injury and death limits ofat least S300.000 Or any one person, 5500.000 for any one accident and pmpeny damage ]fail per accident of S300,000. The Seller shall likewise acquire his untractors. ifany, to provide for such compensation and assurance. Before any of the Sellers or his contremars employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with o cenifimte that such compensation and insurance have been provided Such certificates shall specify the date when such compensation and insurance have been provided. Such cenlficarm shall specify the date when such compensation and announce capites. The Seller agrees that such compensation and insurance shall be, maintained until after the entire work is completed and eccepred. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seiler hereby assumes the entire responsibility and liability far any and all damage, loss or i Jury of any kind or native whatsoever m persons or pmpeny mused by or resulting from the execution of the work provided for in this purcMs, order or in connecion herewith. The Seller will indemnify and hold harmless the Puretee er and any r all of the Purchasers officers. agents and employees from and against any and all claims, losses, damages, Charges or expenses, whether direct or indirect, and whether m persons or property to which the Purchaser may be pm or subject by reason of any rot, ration, neglect, omission or default on the pan of the Seller, any of his mmmetors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings that be brought against the Purchaser, or its officers, agents or employees al any time on mcount or by reason of any m, anion, neglect, omission or defult of the Seller of my of bus contractors or any of its or their afters, agents or employees as aforesaid, the Seller hereby agrees a assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all cosh, charges, attorneys fees and time expenses, any and all judgments that may he incurred by or obtained against the Purchaser or any of its or then officers, agents or employees in such suits or other proceedings, and in eau judgment or other lien be placed upon or obtained against the pxpcm, of the Purchaser, or said posies in or as a result of such suits or other proceedngs, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, f ash and innall all guards necessary for me prevemion of mcidents, comply with aft law, and regulations wins regard to safety includm& but without limimtion, me Occupational Safety and Health Act of 1970 and all ales and regulations issued pursuant theme. Revised 03/2010