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HomeMy WebLinkAbout127454 JACOBS AUDIO LLC - PURCHASE ORDER - 9143881Fort of Date: 07/1012014 Vendor: 127454 JACOBS AUDIO LLC 7742 BROCKWAY DR BOULDER CO 80303 PURCHASE ORDER PO Number Page 9143881 1of2 This number must appear on all invoices, packing sli i and labels. Ship To: PARK MAINTENANCE CITY OF FORT COLLINS 413 S BRYAN FORT COLLINS CO 80521 Delivery Date: 07/09/2014 Buyer: WILSON, JILL Note: Line Description Quantity UOM Unit Price Extended Ordered Price 4th of July Sound Equipment 1 LOT LS 5,000.00 Invoice dated 7-3-14 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 T Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Te.., and Conditions Page 2 of 2 1. COMMERCIALDETAILS. Tax exemptions. By sum¢ the City of Four Collins ¢ exempt from state and local macs- Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certi&ate of Registry 54-6000589 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Strauss 1973, Chapter 39-26, 114 (n). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to datcts of damage in mauit maybe returned to you for credit and ate not to be replaced except upon receipt of wrinen instructions fmm the City of Fan Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in random to this order can result in authorised payment oa the Pon of the City of Fon Collins. However it is to be umlersrooif that FINAL ACCEPTANCE is dependent upon completion stroll applicable requited inspection procdures. Freight Terms. Shipments must be F.OA., City of Too Collins, 700 Wood St, Fort Collins, CO 8D522, unless otherwise specified on this order. If pcmrission is given to prepay freight and charge separately, the original freight bill mud accomnme invoice. Additional chages for rackin, will and be arearl Shipment Distance. Where manufacturers have donating points in various parts of the Country, shipment is expected from flue nearest distribut point to destination, and excess freight will be deducted from Invoice when shipments are made from &eater distance. Permits. Sella shall procure at sellers sole cast all necessary, permits, cenifates and licenses required by all applicable laws, regulatiorss, ordinances and rules of the sate, municipality, territory or political subdivision where the work is pahmted, or inquired by any other duly constituted public authority having jurisdiction over the work of v,ndur. Seller further agrees to hold tire City Of Fon Collins harmless tom and against all liability and loss ncurod by them by reaam of an owned ar established violation of any such laws, aguGlions, c dinvntts, toles and requirements. Authorimlion. All pnnies to this contract agree that the representatives arc, in fact, bona fide and possess full and complete authority to bind said pan lee_ LIMITATION OF TERMS. This Perdace Order expressly limits acceptance 0, the it. and conditions .,it herein set forth and any supplementary or additional cons and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller art objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as, road, lime is of the essence. Delivery and performance most be effected within the time staid on the purchase ode, and the documents aterchd harem. No acts of the Purchasers including, without limitation, acceptance of panful late deliveries, shall operate us a waiver of this provision. In the ten, of any delay, the Purchaser shall have, in addition,, other legal and meme remedies, the option of placing this Omer elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts efewil or military authorities, govemmenul Immures, fires, strikes, (load, epidemics, watts or nits provided that .a, of the conditions causing such delay 6 given in the Purchase within free (5) days of de, time when the Seller first received knowledge thereof, In the event of any such delay, the data of delivery shall be oxten led far the period egml se Ile time acNolly last by reason of the delay. 3. WARRANTY. The Seller warrants flat all goods, articles, andenals and work accrued by this aide will conform with applicable drawings, specifications, samples ardor other descriptions given, will be fit for the purposes intended, mod performed with the highest degree of care and competence in accordance with accepted standards for work Of a 'similar nature. The Seller agrees to hold the purchaser formless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wermnty. The Seller shall replace, repair or make good, without cost to the pmchdese,, any defects Or Gulfs arising within one (1) year or within such longer period of time uc may be prescribd by law or by the terms army applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not onstrate a waiver or any claim under fail warrants. Excem s otherwi d provided in this purchase order, dse Sellers liability Hereunder shall extend to all damages prox err guamntces, but such liability shall in im event in OR MERCHANTABILITY OR OF FITNESS FOR 4. CHANGES IN LEGAL TERMS. Lou Purcbaer nay make changes to legal terms by waimen change order. 5. CHANGES IN COMMERCIAL TERMS. Ile Purchaser may make any changes to the terms, other than legal refs, including addition, to or deletions from ,be qunmiues origimdly ordered In the Specifications or drnwiag,, by verbal or written change order. If any such change affects the amount due or the time efpertworec m hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by worm change omen temuiwm this agrermem s o any or all portions of he goals Into not shipped, subject to any equlmble adjustment between he parties as to any work or materials then in progress Provided her the Puchaser shall not be liable for any claims for anticipated prof its on the ummrtnpleted portion of the goods and/or work, for incidental or consequential damages, and ism no such wljustment he made in favor of dse Seller with respect to any goods which art the Sellers sundard stock. No such termination shall relieve the Purch r er or the Seller crony affair obligations as to any goods delivered hereander. 9. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within fhim (30) days from the date the change or rermimtion is .mead. S. COMPLIANCE WITH LAW. Ile Seller warrants that all g ad, sold heeunde, shall have been produced, said, delivered and humored in strict compliance with all applicable laws and regulations to which the goads are subject. The Seller shall execute and deliver such documents s may be required to effect or evidentt compliance. All laws and importance, required to be nampoaed in agrcetcn¢ of this char ana are hereby wcommanded herein by this ceramics. The Seller agrees m indemnify and hold the Purchaser Mtmlas from all costs and damage sulfeml by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, eamfr, or campy this Omer, or any monies due or to became due hereunder without the prior written consent offle other parry. 10. TITLE. The Seller warrants full, clear and announced title to the Purchaser for all equipment materials, and items fumishd in parfofmmre of this agreement, free and clam of my and all lien,, arstnclimas, ,esmations, security interest emcfmbrancas and claims of others. 11. NONWAIVER. Failure of the producer to insist upon strict performance of the items and conditions hereof, failure or delay to clause any rights or remedies provided herein or by law, failure m promptly notify the Seller in the even, of a breach,the acceptancefor payment far gaols hereunder or approval ofhe design, shall not release the Seller of any of the warrmries or obligations of this purchase order and shall not be deemed a waiver of any eight of the purchaser to most upon strict FMoamzme bercofor any of its eights or remedies an, to any such goods, regadless of when shipped, received or accepted, as to any prior or subuqucnt default hereuMeq nor shall any pumorted oral modification or rescisim of this purchase order by Ile Purchaser operate as a waiver of any of the terms retail 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognise that in actual economic practice, ovemhuge, resulting fora amiuust violations are in fact home by the Purchaser. Therteof ev, for good cause and res cosidemtion for executing this purchase order, the Seller hereby assigns m the Purchow, any and all claims it may now have or hereafter acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services purchased or acquired "a purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Pandas, directs the Sellmo cancer... enchanting or defre ive gods by a dam to be agreed man by the Particular and the Shce, and the Seller thereafter indicates its inability a unwill ingues to comply, the Purchaser may cause the work to be performed by Or most expeditious means available to it, and the Seller shall pay all casts associated with such work. The Seiler shall release the purchaser and its comments of any lief from all liability and claims of any mature ruching form the performance of such work. This mlese shall apply even in rise event of fault of negligence of the party released and shall extend a. the directors, officers and employees c fsuch party. The Seller's commercial obligations, including warranty, shall nor be deemed to be reduced, in any way, because such work is parour ed or caused to be performed by the Purchaser. 14. PATENTS. Whene'a the Seiler is required in use any design, device, material or process coved by lane,, patent ha demark or copyright the Seller shall indemnify and save harmless the Purchaser fear any and all claims for infringement by reason of the use of such rumored design, device, mala.1 or process in contrarian with the contact, and shall indemnify the Purchaser for any cost, expense or damage which a may be obliged to pay by reason of such infringement at any time during the prosecution or alter the completion or the work. In case said equipment, or any pan thereof or the marked use of the goals, is in such suit held m c mitiina infringement anal the use of Said equipment or pan is enjoined, the Sella shall, err its own expense and a1 its option, either pmcue for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but n rrinl'ringing aquipntent or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Sella shall become isolvernt or bolkmpt make an ressigtunent for the benefit of crabous, appoint a or tustee for any of the Sellers property or business, 'his aide, may forthwith be canceled by the Purchaserwhhom liability. 16. GOVERNING LAW. The definitionsof arms sd or the interplartion of the mpremem and me righ &.fall panic researcher &ball be mnstmed under and governed by the laws cards, Sure of Colorado, USA. The Following Additional Conditions apply only in real where the Seller is to perform work hereunder, including the Services of Sellers RepaSentarivar d, on dse premises of others. ❑. SELLERS RESPONSIBILITY. The Seller shall carry on said work w Seller own risk until the same is fully completed and accepted, and shall, in e of any accident destruction or injury to the work and/or materials before Sellers Octal completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser, When materials and equipment art fumisbed by others for installation or erection by the Seller, the Seller shall receive, unload, ,tort and handle same a, the site and become resportsLle therefor as though such materials adlm equipment were being famished by dse Sella under the oiler. IF INSURANCE. The Seller shall, .,his own expeme, provide little payment of workers compen romr, including occupational disease beneh¢, to its employees employed on or in concction wilt the work covered by this parcbase order, and/or to their depeltdents in accordance will the laws of the, suit in which the work is to be done. The Seiler shall also tarty comprehensive general liability including, but not limited to, contractual and automobile public halt liry insurance wide bath IS injury and death Moritz of a1 least $300,000 far any one person, 5500 holl for my one accident and property damage limit per accident of $400,000. The Seller shall likewise circuits his contractors, if any, to Provide for such compenation am isurunce. Before any of the Sellers or his contractors employees shall do any work upon the premises i f others, the Seller shall famish the Forehnsa wild a emrtifiaa that such compensation and insurance have been provided. Such certificates shall specify the dam when such compensation and insurance have ban provided. Such cenificmcs shall specify for data when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained mail alley the entire Coots is completed and accepted. 19. PROTECTION AGAINSTACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability Roomy and all damage, loss or injury crony kind creature whatsoever to persons or property caused by cr resulting from the execution of the work provided for in this purchase order or in comedion herewith. The Seller will indemnify and hold harmless the Problems and my r all of due Purchrsffice aseors, agents and employees from and against any end all claims, losses. damages, charges or expenses, whether direct or iditat and whether to perms or mapertr to which rise Purchases may be pm or subject by reason of any c , action, neglect omission or default on the pan of the Seller, any of his umnstors, or any of the Sellers or amduccur, officers, agents o employees. In an. any .it or .the, proceedings shall be brought against the Proxima. or its affects, agents or employees at any time an account or by be. of my act, it., tfcglect omission or default of the Seller of my of his contractors or any of its or their officers, agents or employees is, aforemid, the Sella hrrtby agrees to assume the defense thereof and fro defend rise same at the Sellers on expose, to pay any and all costs, charges, attorneys fees and other expe cart, any and al I judgments that may be incurred by or obtained against the Purchaser or any of its or met, officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchase, or Said pnnies in or as a result of sach suits or other proceedings, the Sella will at once cruse the same to be dissolved and discharged by giving bond or odsawlu. The Seller and his contactors shall take all infer, Pmarramns, famish and install all guards nwessary, for the prave Lion of accidents, comply with all laws and regulations with regard to safety including, but without limiation, the Occupational Safety and Health Act of 1970 and all roles and or,humns, issued pursuant therein. Revised 03P010