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HomeMy WebLinkAbout522953 JOLAN VON PLUTZNER - PURCHASE ORDER - 9144142Fort Collins Date: 07/22/2014 Vendor: 522953 JOLAN VON PLUTZNER 911 CLUB VIEW RD FORT COLLINS CO 80524 PURCHASE ORDER PO Number Page 9144142 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: 07/22/2014 Buyer: PAUL, GERRY Note: Line Description Quantity UOM Unit Price Extended Ordered Price APP Piano Project 2014 1 LOT LS 650.00 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 Pay terms net 30 days 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. COMMERCIALDETAfLS. Tax exemptions. By statute the City of Ian Collins is exempt from state and local nixes. Oaf Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is regislered with the collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Starers 1973, Chapter 39-26, 114 (a). Goods Rejeeled. GOODS REJECTED due w failure w meet specifications, either when shipped or due to defects of damage in humbit, may be rammed w you for credit aod me not to be replaced except upon ward, of written inswctions from the City of Too Collins. Inspection. GOODS am subject to the City of Fort Collins inspection on arrival. Final Acceptance. Receipt of be merchandise, se ca r equipment in response to this order n result in authorized payment on the pan of the City of Fan Collins. However, it is to be understood that FINAL ACCEPTANCE u dependent upon compleion of all applicable acquired inspection prmedura. Freight Terns. Shipments most be RO.B., City of Fort Collins, 900 Wood St, Fort Collins, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various pans of the country, .shipment is expected from the nearest distribution point to destination. and excess freight will be deducted fmm Invoice when shipments am made from greater distance. Permit. Seller shall procure at sellers sale cost all necessary prmi¢, certificates and licenses required by all applicable laws, migulmongs, ordlnames and roles ofNe sole, municipality, former, or political subdivision where ,he work is performed, or acquired by any other duly constituted public authority havingjurisdiclion over the work of vendor. Sella, finger agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reawn of an asserted or eslablished violation .zany such laws, regulations, ordin:.mcs, roles and requirements. Aubcomm nib All parties 1. biz contract agree that the repreunotives are, in fact from file and possess full and commae ate acrit, to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits accephance to the terms and conditions stated herein set forth and any supplementary, or additional terms and conditions annexed hereto or incorporated herein by reference Any uddilimad or different teems and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to sense on your promised delivery doe as noted. Time is offl a essence. Delivery and Performance main W effected within the time shared on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, mceptance of partial lam deliveries, shall operate as a waiver of Nis prevision, In the event of any delay, the Purchaser shall have, in addition to other legal and equitable mnedies, the option ofplacing this order elawhem and holding flat Sella liable for damages. However, the Seller shall not be liable for damages as a result of delays due to muses not reasonably foreseeable which are beyond its reasonable ecrawl and without its fault of negligence, such acts of God, acts ofcivil or military authorities, governmental prionfies, fires, strikes, flood, epidemics, wars or not provided bar notice of The conditions causing such delay is given to be Purchaser within five (5) days of the time when be Seller best received knowledge therm[ In the event of any such delay, be date of delivery shall he extended for be prial —11. be lime acnmlly lost by reawn of the May. 3. WARRANTY, The Seller warrants that all goods, anicles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar more. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or =or on account of the Sellers breach of warranty. The Seiler shall replace, repair or make good, without cast to be purchase, any defects or faults arising within mat (I) year or within such longer period of time as may be prescribed by how or by be mans.17my applicable wmmnty provided by the Seller after the dare of eceptanm of the goods famished 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 sholl not onstimte a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend w all damages proximately crowd by the breach of any of the foregoing wamnties or gram mews, but such liability shall in no evens include lass of prefix 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 cbangn w legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purdmvwr may make any changes to the terms, other than legal ari including oddilimis to or deletions from the quantities originally ordered in the specifications or drawings, by venial or written change eager. 11 any such change affects the amount due or be time of paformame hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The I erfamer may or any time by wrion change order, terminate this agreement as to any or all Paribas of be goods then not shipped, subject to any equitable adjustment between the panics as to any work or matmms men in progress provided that We Purchaser shall not be liable for any claims for anticipated profits on be uncompleted portion of the goods and/or work, for incidental or conseq menial damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stack. No such lamination shall relieve the Purchaser or the Sella of any oftheir obligations as w any goofs delivered hereunder. ). CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be ssacred within bitty (30) days fmm be dam the change m termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warnings that all goof sold hereunder soil have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goads are subject. The Seller shall execute and deliver such document as may be required to effect or evidence compliagux. All laws and mgulatiom required to be, incorporated in og,eernent of this comcmr are hereby incorporated herein by bis reference. The Seller agrees to indemnify and bold ,he Purchases harmless from all curt and damages suffered by the Purchaser a a resin, of Oat Sellers failure to comply wins such law. 9. ASSIGNMENT. Neither party shall assign, tmuRr, or convey this area, or any monies due or to become due hereunder without he prior women consent of be other party. I TITLE. The Seller wvmnt full, clear and unratneted fide to the Purchaser for all campmmt. materials, aod items bmished in permanence of this agreement, free and clear of any rod all liens, restructure, winvmions, ucurd, interest encumbrances and claims.fabers. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terns and conditions hereof, failure or delay no argam any right of remedies provided herein or by law, failure to promptly notify the Seller in the event of is beach, the acceptance of or payment for goods hereunder or approval ofNe design, shall not release be Seller of any of the warmmies nr obligations of this purchase order and shall not b, deemed a waiver of any right of the purchaser ao insist upon strict perfomtame harp for any of its sigh¢ or remedies res to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any puryorted 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 but in actual ce c peactim, overcharges resulting fix. antitrust violations art in fact home by the Purchaser. Therombee forgood cause and as consideration fir executing Nis ptucou order, be Seiler hereby assigns or be Purchaser any oral all claims it may vow have or beuafler acquired under federal or some atnitmst laws for such overcharges relating to the panicular goods or unites purchased or acquired by the Purchaser pursuant to this purchase order. 13. FORCE IASERS PERFORMANCE' OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Sella, and the Seller thereafter indicates its itmbility or unwillingness to comply, the Purchaser buy crow, be work to be performeJ by be most expeditions means available go it, and the Seller shall pay all revs assaialed with such work. The Seller shall release be Purchaser and its contractors of any tier from all liability and claims of any nature resulting front the performance ofsuch work. This release shall apply even in the evens of osilt of babigerre or the party relented and shall extend to the directors, officers and employes of such Forty. The Sellers combating obligations, including warrmty. shall nit be deemed to be reduced, in any way, because such work is performed or caused w be performed by the pungent 14. PATENTS. Whenever the Seller is required to tracery, design, device, material in process covered by lever, patent, trademark or copyright, the Seller shall indemnify and save homeless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, mnenal or process in connection with the contract, and shall iodemnify be Purchase, for any cost, expme, or damage which it may be obliged to Pay by reaoa of such inGngement at any time during the prosecution or after the completion of the work. In case said equipment. or any pan thereof or The intended me of the goods, is in such suit hold to constitute infringement and the use of said equipment or pm is a aineal, the Seller shall, at to own expense and of it option, either practice for the Purchmer the night to continue using said apupment or pans, replace the same with substantially equal but mainfdnging equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or haM pt make an assigmnent for the benefit of creditors, appoint is much, or trusme far any of the Sellers property or business, This order may fnrthwifh b i canceled by the Pmchaur without liability. 16. GOVERNING LAW. The definitions of lcmrs used or the imeryretatim of the ageeemenr and be rights of all parries formable, shall be command aide, it governed by the laws fthe State of Colorado, USA. The following Additional Conditions apply only in comes where be Seller is as Perform work hereunder, including the services of Sellers Repwaammive(s), on be premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall Cary on said work at Sellers own risk until be same t fully completed and accepted, and shall, in are of any accident, destruction or injury to be work and/or materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. Men material and equipment am famished by others far installation or erection by me Seller, the Seller shall receive, unload, sore and handle acme at the site and become responsible therefor as though such materials and/or equipment were being famished by be Seller under be order. 18. INSURANCE. The Seller shall, at his own expense, provide for be payment of workers compemztion, including occupational disease benefits, m its employees employed on or in connection with the work coverts by this purchase order, and/or to their dependents in accordance with the laws of the stale in which the work is to be dhow The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with 0.tlily injury rod d-b limits of m less, b300,000 for any one Person. SSrNI,(MU far any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his if any, w provide for such comPenion.. good insurance. Data. any of the Sellers as his Ob racbrs employees shall do any work upon the premises of others, tlo Seller shall furnish the Purchaser with is arrifcate that such ca.,.,. and imumme one been provided. Such certifm,a shall specify foe date when such compensation and insurance have been provided. Such cenifates shall specify the date when such compensation and insurance expires. The Seller agrees tort such compensation and insurance shall be tmiabined until alter the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the attire —Possibility and liability far any and all damage, was or injury of any kind r nshim wotpver to persons o, property eamsed by an msuhing fora The execution of be work provided for in this pmchass order in in coamacamn herewith. The Sell, will indemnify and hold harark,o; be PuNcaef and any cr it of the Purchaseofficers agent and employees fmm and agains, any and all claims, loss,. damages, Purchasers; harges or expenses, whether direct or indirect and whether to Persons or property to which be 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, agent or employees. In case any for or other proceedings shall be brought against the Purchaser, or its officers,.gems or employees al any time on account or by reawn of any an, m,ion, neglect, omission or default of be Sella of any of his contaators or any of es or their affirm, agent or employees as aforesaid, the Scllcr hereby agrea to ..am be defense hereof and to drRind the same at be Seller own expense, to pay any vW all cost, charges, attorneys fees at other exPemes, any and all judgment that may he incurred by or obtained against be Purchaser or any of it or their officers, agent or employees in such suit or other proceedings, and in case judgment or other lien be placed upon or obtained against the properly of be Purchase,, or said panics in or as a result of such suit or other proceedings, 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 precaatiam, famish and instill all guards necessary for be prevention of accident, comply with all laws and regulations wit regard ,o safety including, bur wi,Mm limim,ion, be Occupational Safety and Health Act of 1970 and all mles and regulations issued pursuant barium. Revised Man 14