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HomeMy WebLinkAbout495216 WERNER W SCHREIBER - PURCHASE ORDER - 9144097Fort Collins Date: 07/21/2014 Vendor: 495216 WERNER W SCHREIBER 106 S BRYAN AVE #11 FORT COLLINS CO 80521 PURCHASE ORDER PO Number Page 9144097 1of2 This number must appear on all invoices, packing slips and labels. Ship To: LINCOLN CENTER CITY OF FORT COLLINS 417 W MAGNOLIA FORT COLLINS CO 80521 Delivery Date: 07/21/2014 Buyer: PAUL, GERRY Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 APP Transformer Cabinet 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.com 1 LOT LS 2,164.00 Total $2,164.00 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. COMMERCIALDEfAILS. Tax exemptions. By statute the City of Fort Collins is exempt form slate and local nixes. Our Exemption Number as 11. NON WAIVER. 98-04502, Federal Excise Tax Exemption Certificate of Registry 84 6000587 is registered with ,he Collector of Failure of the Purchaser to insist upon stnet performance ofthe terns and conditions hereof, failure or delay to Internal Revenue, Drover, Colorado (Ref Colorado Revised Smates 1973, Chapter 39-26, 114 id exercise any rights or remedies provided herein or by law, failure or promptly notify the Seller rat the event of a breach, the acceptance of or payment for goods hereunder or app c-I of the design, shall not release the Set cm of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the w ormlies or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in ..it, may be reamed to you for credit and are rim to he replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless instmetions Tom the City of Tom Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any puryoned oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Tom Collie inspection on antral. hereof. Fired Acceptance. Receipt of the merchandise, sec or equipment in response m Nis order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Tom Collins. However, it is o be understood cast FINAL Seller and the Pumhascr rmogniu that in actual economic pmetice, overcharges resulting from antitrust ACCEPTANCE is dependrntuponcompletion ofall applicable required inspection procedutxe. violations ore in fact home by the Purchase, Theretoforeforgood cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Tenths. Shipments must be TO B., City of Tom Collilu, 700 Wood St., Fort Collins, CO 80522, unless acquired under federal or store i ntinvel laws for such overcharges relating to the particular goods or services otherwise spmifird on this order. If pno ni,oac is given P, prepay Reigbt and charge separately, life original freight purchased or oequirN by the Purchaser pursuant to this purchase order. bill must accompany invoice. Adahtimal darges for R eking will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manuhacturers have distributing points in various Pans of the country, shipment is If the Purchaser directs the Seller to cored nonconforming or defective goods by a dare tobc agreed upon by the expected from the nearest distribution to, to destitution. and excess freight will Ix deducted from Invoice when Purchaser and the Seller, Post Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made from gn a err distance- may cause the work to he performed by the moo expedaiam means available am il, and me Seller shall guy all costs essocimed with such work. Permits. Seller shall procure al sellers sale cost all necessary pennin, cerffivales and licenses required by all applicable laws, reguliame, nrdimnm, and rules ofthe state, municipality, temmry at political subdivision where the work is perfomned, or required by any ocher duly conslitumd public mummy having jurisdiction over the work of vendor. Seller further agrees to hold the City of Tom Collins harmless fmm and against all liability and loss hicuord by them by reason of an assent or established violation of any such laws, regulations, on inancea, rates and requirements. Awlmrimtion. All parties to this contract agree that the representatives are, in fact, bona fide and pasxss Fall and o odele authority to bind mid patties. LIMITATION OF TERMS, This Purchase Order expressly limits acccpmnm to the it. and conditions Prood herein set ford, and any supplemenary or additional mmr and conditions mmexed hereto or mmryomted herein by reference. Any additional or different terms and conditions pmpoud by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING ALEN Iimmediatdy ifyou cannot make complete shipment to arrive on your promised delivery date as noted, lime is of the essence. Delivery and performance must be elheted within the time slated era the p.,chase order and the docur ods matched hereto. No nits of the Purchasers including, without limitation, acceptance of panial Irate deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable comedies, the option of placing this aide, 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 Put easonably foresecable which are beyond in reasonable control and without its fault of negligence, such acts of God, acu ofeivil or military anthomin, govemmenal priorities fires, strikes, Howl, epidemics, cams or ors provided chat notice of the conditions -using such delay as given to the Pmclnser within five (5) days of the time when the Seller fair received knowledge thereof, In the event of any such delay, the darn of delivery shall ho exmuded for the penod equal to the time actually lost by reason ofthe delay. 3. WARRANTY. I he Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples mNo, 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 nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wamauty. The Seller shall replace, repair or make good, without cost o the purchaser, 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 terms of any applicable warranty provided by the Seller aM the dote of ecep urce of the good famished hereunder (accepaoce not to he ...My deleywQ, resulting from imperfec, or defective work done or materials famished by dR Seller. Acceptance or use of goods by the Purchaser shall not onstitme a waiver of any claim under this warmly. 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 net event include loss 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 written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to roe terms, other than legal Rents, including additions to or deletions from the quantities originally ordered in the specifiesomis or drawings, by verbal or written change order. If any such change affects the amount due or the time ofpmformance hereunder, as equitable adjustment shall be made. 6. TERMINATIONS. T he Purchase, may at any time by written change codes. m e this agreement s any - all Wmons of the goods then rent shipped, subject to any epulable adjustment between the patties u or by work or materials than in progress provided that the Purchaser shill not be liable for uny claims for anticipated profits on the uncompleted portion of the good anwo, work, far incidental or consequential damages, and that no such adjustment be made in favor of the Seller with rxt to any good which art the Sellers standard mock. No such terminst o r shall n4mve the Purchaser or the Seller ofany of their obligations as to any good delivered hereunder. T. CLAIMS FOR ADJUS I'MENT. A, claim far adltmme d mull be, asserted within thirty (30) days from the date the change or terminaion is ordered. S. COMPLIANCE WITH LAW. Toe Seller warms that all goad sold hereunder shall have been prmfuced, sold, delivered and furnished in snid compliance with old applicable Incas 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 ncorpamted in agreements of this character are hereby incorporated herein by this reference. The Sellm agrees m indemnify and hold the Purchaser harmless fiver, all curds and damages suffered by the Purehaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither port, shall assign, bumper. or convey this order, or any monies due or to become due hreunder without the prior mamma consent ofthe other puny. 10. TITLE. The Seller warrants full, clear and unrestricted title to etc Purchaser for all equlpanrnt man cina, and items famished in Performance of this agreement free and clear of any and all liens, restrictions, reservmlons, security, imeres, encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any Per from all liability and claims of any nature resulting from the performance of such work. Tlu, release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, nHill. and employees ofsuch party. lire Seller's ornamental obligations, including wmramy, shall not be deemed to be reduced, in say way, because such work is Performed or caused to be performed by the Purchaser. 14. PATENTS. Whem,,, he Seller. requiredto sex any design, device, maenad or process movered by leaser, patent trademark or copyright, the Seller stall indemnify and save harmless the Purchaser from any aM all claims for inMngemem by reason of the use of such patented design, device, material or process in connection with the mntmct, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason fsuch inliingernent at any time during the prosecution to after the completion of the work. In case said equipment, or any pan thereof or the intended use of fire goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replan the same with substantially equal but noninfringingcquipmentor modify, it an it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt twke an amignmerP for the benefit of creditors, api. a receiver or moire, for Pay of the Sellers property or business, this order may fonhwalb be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of Penns used or the innerprelalion of the agreement and the rights of all parties hereunder shall be constmed under and governed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in taus where the Seller is to perform work hereunder, including the services of Sellers Repreunative(s), on the premises of others. Ili. SELLERS RESPONSIBILITY. The Seller shall carry on said wail, al Sellds own task wail the same is fully completed and accepted, and shall, in case of Pay accident destruction or injury to the work and/or metmals before Sellers final completion and acceptance, complete the work at Sellers own estimate, and to the satisfaction of the Purchaser. When materials and equipment me famished by others fur insallaion or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials andor equipment were being furnished by me Seller under the coder. 18. INSURANCE. The Seller shall, an his own expir x, provide fir the paMs., of workers ronimu satian, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, andor to their depevdmts in accordance with the laws of the stem in which the work is to be done The Seller shall also carry comprehensim gencml liability including, but rot limited to, commmual and automobile public liability insurance with bodily injury and death limits of at Icrot 5300,000 for any one peuon, $5W,000 for any one accident and propeny damage limit per accident of S400,0110. The Seller shall likewise capture his commi if any, to provide for such compnuation and usu ence. Be! any offlue Sellers or his mmmcmn employees shall do Pay work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurnsive have been proddcL Such eenilenms shall specify Om date when such compensation mad insurance have been provided. Such certificates shall specify the date when such compensmion and insurance expires. The Seller agrees that such compensation and Insurance shall late mninti fined card alter the entire work is completed and aceeptN. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES, The Seller hereby assumes dre entire responsibility and liability for any and all damage, loss or injury ofaty kind or reaure whatsoever to persons or property caused by or resulting fmm the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hmmless the Purchaser and any or all of the Purchasers officer, agents and employees fmm and against any and all claims losses, damages, charges err expe arms, whether direct or indirect, and whether to persons or property to which the Purcbmer may be put or subject by reason of any at, action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officer, agents or employees. In case any soil or other mriceediri, shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of any it, action, neglect, omission or default of the Seller of any of his contractors or Pay of its or their officers, agents or employees as aforesaid, the Seller hereby agrees m assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, anomeys fees and other expenses any teal all judgments that may be incurred by or chained against the Purebassr me Pay of its or their ollicers, agents or cmployms in such suits w other proceedings, and in mse judgment or other lien be placed upon or obaire l against the property of the Purchaser, or said panic in or ses a mull of such suits or other proceedings, the Sell,, will at once cause the same o he dissolved and dischorged by giving bond or otherwise. The Seller and his conancmrs shall take all safety precautions, fmish and most all gumds Pmesiary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safely and Health Act of 1970 and all rules and regulations issued Formation thereto. Revised 072014