Loading...
HomeMy WebLinkAbout540057 TEDDI ALEXANDRA PARKER - PURCHASE ORDER - 9143985City of / 0f Collins Date: 07/1512014 Vendor: 540057 TEDDI ALEXANDRA PARKER 1201 DAVIDSON DR #N16 FORT COLLINS CO 80526 PURCHASE ORDER PO Number Page 9143985 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: 07/15/2014 Buyer: PAUL, GERRY Note: Line Description Quantity UOM Unit Price Extended Ordered Price APP Transformer Cabinet 2014 1 LOT LS 1,951.00 c 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 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. COMMERCIAL DETAILS. Tax exemptions. By sramre the City of Fart Collins is exempt from state and local taxes, Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Cenifirste of Registry 84-6000582 is registered with the Collard, of Failure of the Purchase, no insist Marc stet performance of the terms 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 remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goads hereunder or approval of the design, shall not release be Seller of Goods Rjemed. GOODS REJECTED due m failure , mg,, specifications, 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 night of the damage in transit, may be reamed to you for credit and me not to be replaced except on receipt of cannon Processor' to insist upon srnet performance hereof or any of its nights or remedies as to any such goods, regardless instructions from the City of Fort Collins of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any pwponed oat modification or rescission of this purchase order by the Purchaur operate as a waiver of my of the tomes Inspection GOODS are anbjrat to the City of Fort Collins inspection on accord. hereof. Fiwl Acceptance. Receipt of the merchandis , services or equipment in response to this order can result in 12 ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the paid of the City of FortCollins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in abroad economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures, violations are m in fact bus by the Prchas uer. Theretof rm,nfar good cause and as consideatim for executing this purchase order, the Seller hereby assigns to me Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments most be F.O.B., City of Fort Collins, 700 Wood Sr, Fun Collins, CO 90522, unless acquired under federal or state antitrust laws for such overcharges relating P, the paniculm goods ar services otherwise specified on this omon If petmissiou is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is Ifthe Purchaser dirtm the Sella to correct nonconforming or defective goods by a&te to be agreed upon by the expected Hour the nearest distribution point to destination, and excess freight will be, deducted from Invoice when Purchaser and the Seller, vnd the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distance may rouse the work m be performed by the most expeditious means available to it and the Seller shall by all costs associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and ,losers; requited by all applicable laws, regulations, ordinances and rules of the state, municipality, ternary or political subdivision when The Seller shall release the Purchaser and its comment, of any tier Gam all liability and claims of any nature the work is performed, or requimd by any other duly comforted public amhomy having jurisdiction over the work resulting from the performance of such work. of vendor. Seller further agrees to hold the City of both Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, roles This release shall apply even in the event of fault of negligence of the party released and shall extend to the and Pomiremems. directors, olEcers and employees ofsech party. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess lull and omplete authority m bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set both and any supplementary or additional lamas and conditions accused hereto or coarspomted herein by reference. Any additional or different terms and conditions proposed by seller are objected m and hereby jetted. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou carnal make complete shipment to arrive on your promised delivery date as noted. Time is of the essence Delivery and performance must be elTected 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 deliveries, shall operate as a waiver ofthfs provision. In the event stony delay, the Purchase, shall mare, 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 causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, said of civil or military aurhomirs, mvemmental priorities, fires, sfka, flood, epidemics, was or riots provided that notice of the conditions 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, the date of delivery shall be extended for he period gifted to the time normally last by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will confirm with applicable showings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of cam and competence in accordance with accepted standard, for work of a similar nature. The Seller agrees to hold the purchaser hamaless from any loss, damage or expense which the Purchaser may suffer or incur on account o'the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchase, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the Now of any applicable commonly provided by the Seller after the date of acceptance or the goods fmished hereunder (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 omortate 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 breach of any of the foregoing warranties or guarantees, but such liability shall in no event include lass of profits or 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 to legal terms by woman change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terns, including additions to or deletions from Me quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time ofp do manse hereunder, an equitable adjustment shall be made 6. TERMINATIONS. The Purchaser may at any time by written change order, Ierninate this agreement es to any or all por ions of the goods then not shipped, subject W any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion ofthe goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor ofthe Seller with respect many goods which are the Sellers styndand stock. No such termination shall relieve the Pmchoser or the Seller of any of their obligaions. to any goods delivered hereunder. 2. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or tamtinmion is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and fumished 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 are hereby incorporated herein by this topmast. The Seller agrees to indemnify and hold the Purchase, ha,mless from all .is aad damages s food[ by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, smother, or convey this order, or any monies due or m become due hereunder without the prior written consent ofthe other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, matenals, and items fmished in performance of this agrcemenq free vad den, of any and all limos, resttietion , mservatimes. setnry interest encumbrances and claims ofothers. The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save hvmdess the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connector with the corrtact and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infrngemenl at any time during the prosecution or after the completion of the work. In case said equipment, or any part thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said elrriprttenl in an is enjoined, the Seller shall, at its own expense vad at its option, either procure for the Pumhaa the fight to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it so- it becomes nounfnging. 15. INSOLVENCY. If the Seller shall become insolvent or baMmpt make an assignment for the benefit of creditors, apprial a receiver or caste, for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the rights of all parties hereunder shall be .named under and ... coned by the laves of the State of Colorado, USA. The following Additional Conditions apply only in du e e Seller is to perform work hereunder, including the services of Sellers Represeemtive(s), on thecases premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and sIml I, in e of any accident, destruction or injury to the work Parker materials before Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction ofthe Purchaser. When materials and equipment are famished by other for inaallation or erection by the Seller, the Seller shall receive, unload, store and handle arms at the situ and became responsible therefor as though such materials and/., equipment were being famished by the Seller coder 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, and/or to their dependents in accordance with the laws of foe state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily Injury and death limits of at least S300,000 for any one person, 551II;OW for any one accident and properly damage limit per accident of S400,000. The Seller shall likewise require his antmcmm, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller small HtnisM1 the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided Such cenilittes shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insamnce shall be mains ived 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 ofany kind or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Sella will indemnity and hold harmless the Purchssa and any r all of the Purchasers officers, agents and employees from and against any and all claims, lasses, damages, charges or expenses, whether direct or indirect, and whether to permits or property to which the Purchaser 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 case 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 or default of the Seller of any of his contractors or any of its or their .,dicers, agues or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers awn expense, to pay any and all costs, charges, momeys fees and other expenses, any and all judgments that may be incurred by or obtamod against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obmined against the property.f the Purchaser, or said parties in or as a result of such suits or other, proceedings, the Seller will at once cause the same to be dissolved and discharged by giving band or otherwise. The Seller and his commerce, shall rake all safety precautions, fmish and install all Boards necessary for the prevention of ccidenls, comply with all laws and regulations with regard W safety including, but without limimtion, the Occupational Safety and Health Act of 1970 and al I rules and regulations lamed pursuant thereto. Revised 03k2010