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HomeMy WebLinkAbout121752 UNITED REPROGRAPHIC SUPPLY INC - PURCHASE ORDER - 9143905PO PURCHASE ORDER 914390er Page C117/ O'f9143905 1012 ' `t CollinsCThis number must appear ` " on all invoices, packing sli s and labels. Date: 0711112014 Vendor: 121752 UNITED REPROGRAPHIC SUPPLY INC PO BOX 5143 ENGLEWOOD CO 80155 Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 07/11/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price OFFICE EQUIP 8 SUPPLIES HP T790PS 44" PLOTTER/TRADE IN 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 Total Invoice Address 14,944.00 1 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCDM.DEfAILS. Tan examination. By statute the City of Fort Collin is exempt fmm state and local taxes. Our Exemption Number is 9g-04503. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with me Collector of Internal Revenue, Denver, Colorado (Bar Colorado Revised Statutes 1973, Chapter 39-26. 114 bid. Goads Rejected. GOODS REJECTED due to failure to men specifications, either when shipped or due to defects of damage in mansi% may b, retuned to you for credit and are at an be replaced except upon receipt of written instructions fmm the City of Fon Collim, Inspection. GOODS are subject to the City ifFon Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order ran result in authorized payment on the pan of the City of Fort Collins. However, it is to be understand that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipments must be ROB., City of Fan Collins, 700 Wood St., Tom Collins, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight bin most accom seem, invoice. Additional chances for making will not be accented. Shipment Distance. Where man fibemrers have distributing points in various parts of the country, shipment is expected fmm the numbest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made fmm grearer distance. Permits. Seller shall pmcare at sellers sale cost all necessary remains, certificates and licenses required by all applicable laws, regulation, ordinances and mica true smear, municipality, arrimry m political subdivision where the work is performed or required by any other dilly constituted public authority h;wingjurvWxtion over the work of vendor. Seller further agrees to hold the City of Fan Collins hamalexe from and against all liability and loss neural by them by reason of an asserted or established violation of any such laws, regulation, ordinances, tales and mag itements. Astronomers, All parties to this contract, agree that the representmivea are, in foal bona fide and possess full oral complete authority to bind said panic LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stared herein set lowed and any implememmy or addiuioml leans and condition annexed hereto or incmpoated herein by reference. Any additional or different arms and conditions proposed by seller are objected to and hereby rejected. 3. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cament make complete shipment to active on your promised delivery date as noted. Time is of the essence. Delivery and performance most be effected within far time stated on the purchase other and the documents attached hereto. No aces of the Purchaers including, without limitation, asexpnvme of partial late ddiveries, shall opera, as a xmwv bf this provision. lathe ,at army delay, the Purchaser shall have, in addition to bitter legal and equitable remedies, the option ciphering this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages an a result of delays due to causes not reasonably foreseeable which are beyond its assumable control and without its fault of negligence, such acts of Ged, acts of civil or military authorities, gmnmmental priorities, fins, strikes, flood, epidemics, wars or atom provided char notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller lint received knowledge thereat. In the event of any such delay, the data of delivery shall be extended for the period equal to the time aurally last by maven of the delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this om a will confow with applicable drawings, specifications,, samples similar other description giver, will be lot for the purposes intended aM performed with the highest degree of cam and compmance in accordance with excepted standard for work of a similar reture. The Seller agrees to hold he purchaser harmless from any Imss, damage or expense which the Purchaser nay suffer or incur on account ofine Sellers breach alimentary. The Sella shall replace, repair or make good, without cast to the purchaser, any defects or faults arising within one (1) year or within such longer period of time w may be prescribed by law or by the firms of any applicable warranty provided by the Seller aster the data of wer,dama of the goods Punished hneunda (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim radio this wananty. Except a otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the bench of any of the foregoing wawa,. or guaan eat. but such liability shall in no event include loss ofpmfis in loss of we NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FTfNIESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal arras by variant change order. 5. CI IANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms. other than legal terms, including addition an or deletions from the quantities originally ordered in the specifications or drawings, by venial or written change order. If any such change affects the amount due or the time ofperformaace hereunder, an equitable adjustment shall be trade. 6. TERMINATIONS. The Fo¢hsser may at any time by vrinm change order, terminate this agreement m to any or all nations of the good then act shipped subject to any equitable adjustment hnxeen the ponies as to any work or materials then in progress provided that the product shall not Is, liable for any claims for anticipated pmfirs on the uncompleted pontoon ofine good and/or work, for incidental or comcquemial damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stork. No such termination shall relieve the Purchaser or the Seller of any affair mligaoion a to any good delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim fa adjustment most be, asserted within thirty COT days from the dam the change or termination is widrd 8. COMPLIANCE WITH LAW. The Seller towards; that all goods sold hereunder shut[ have been produced, said, delivered and fiunishad in strict omplimee with all applicable laws and regulations to which the goods arc 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, ncotpowred in agreements of this character are hereby mains owted herein by this reference. Tax Seller agrees a meal mnify and hold the Purchaser bawls from all costs and damages suffered by the Poohuse, as a result of the Sellers failure m comply with such law. 9. ASSIGNMENT. Neither parry, shall assign, minter, or convey this order, or any not due or a become due Immatd[a without the prior women consent of the other perry. I O. TITLE. The Sella warrants full, clear and communicant title to the Purchaser for all equipment, materials, and items furnished in pafowance of this agreement. free and clear of any and all liens, mitattion, mentions, security interest encumbrances and claims urethan. I I.NONWAIVER. Failure of the Purchicm to insist upon strict performance of the terms and conditions hereof. failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a branch, the acceptance of or payment for goads hereunder or approval of the design, shall oat release the Seller of my of me warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hereofor any of its rights or manedics as many such goods, regardless of when shipped, received or accepted, as to any Prior or subsequent default beenwor, roe shall any pmpowd and modification br rescission of Nis purchase order by me Purchaser mandm as a waiver of any of the mans hereof 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, everchwas, resulting fmm antitrust violations are in fact home by the Purchaser. Theretofore,fagood cavu and as consideration far 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 laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase coda. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Unix Pomerania directs be Seller to correct nonconforming or defective good by a doe do be agreed upon by the Purcham and the Seller, and the Seller mearaaner indicates its inability or unwillingness to comply, the Purchaser, may cause the work to he performed by the mast expeditious means available to it, and the Seller shall pay all casts associated with such work. The Seller shall release the Purchaser and its contractors of any tier boom all liability and claims of any nature resulting fmm the performance of such work. 'Ibis release shall apply even in the event of fault of negligence of the party released and shall extend to the dheaors, officers and employees of such party. The Sellers comrznual obligations, including wactaaty. shall.. be demand do b, reduced, in any way, because such work ex emotional or weed to be Performed by the Purchaser. 14. PATENTS. Whenever the Seller is required muse any design, device, material or process cm:rtd by leveq parent, trademark or copyright, the Seller shall indemnify and save warless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contact, and shall indemnify the Purchaser for any cast, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan tharrof or the intended use of the goods, u as such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expertise and in its option, either procure for the Purchaser the eight to continue using said eququarm or prat, replace the same with subuantially equal but namnGmging equipment, or modify it se it becomes noninGtnging. 15. INSOLVENCY. If the Seller shall become insolvent or barrkmpr, make an assignment for the benefit of walwars, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser wihom liability. 16. GOVERNING LAW. The definition of terms murder the interpretation order agreement and the rights of all parties hereunder shall he unwed under and g wemed by the laws ofine Stain ofColomdo, USA. The following Additional Conditions apply only in uses where the Seller is m perform work hereunder, including me services of Sellers RepeasentmivHs), on doe premiss of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in e of any accident, destruction or injury to the work sc lkir mamnals before Sellers fund completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment art famished by often for installation or erection by me Sella, the Seller shall receive, unload, scare and handle same at the sire rod become responsible therefor as sough such materials andler equipment were being fiunishcd by me Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, andbr to their dependents in accordance with the laws 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 liability imunnce with handily injury and death limits of or lesst 5300,00b for any one person, Sowar0 for any one accident rand progeny damage limit per accident of 5400,11)). The Seller shall likewise require his contraction, if any, to provide for such compensation anal insurance. Before any of me Steers or his wntmcdors employes shall do any work upon me premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such caffiates shall specify ere date when such compensation and insurance have been provided. Such catificars shall specify the date whin such compensation and insurance expires. The Sella agrees that such compensation and insurance shall be, maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage loss or injury crony kind or meare whas«ver to persons or Property caused by or resulting fmm the execution ofthe work provided for in this purchase order or in momentum herewith. The Seller will indemnify and hold harmless me Purmaer and any r all of the Purchasers officers, agents and anployces from mW again any aM all claims, losses, damages, charges or expenses, whether direct a indirect, and whether to person or property to which the Purchaser may be put of subject by renown of any act action, neglect, omission or default on the part of the Seller, any of his contactors, or any of the Sellers or containers officers, agents or employees In case any suit or offer proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of any act. action, neglaw, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same an the Sellers own expense, to pay any and all costs, charges, a0omeys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employers in such suits or other proceedings, and in case judgment or other lien be placed upon or obminrd against the property of the franchisees, or said parties in or as a fault of such suits or other proceedings, the Sella will at once cause the same to be dissolved and discharged by giving bard[ or otherwise. The Seller and his contactors shall take it safety procautims, f eff aM mull all guard wassary fat the invention of accidents, comply with all laws and regulations with regard to safay including, but without limaution, the Occupational Safety and Health Act of 1970 and all talcs and regulations issued pursuant therein. Revised 03G010