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HomeMy WebLinkAbout461366 LISA J CAMAERON ARTWORKS LLC - PURCHASE ORDER - 9144183PO PURCHASE ORDER 914418er Page C1171 of PURCHASE 9144183 t of z F6r►} Collins lins Thisnumber must appear ��\_J-_` V ` �7 on all invoices, packing sli s and labels. Date: 07/23/2014 Vendor: 461366 LISA J CAMERON ARTWORKS LLC 4524 SKYLINE DR FORT COLLINS CO 80526-4713 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 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 1-1-191111 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. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Ow Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Cenaficate of Registry 84-6000587 is registered with the Collector of Failure of the Pumhasa to insist upon .Or pat... of the terms and condumeas hereof, failure Or delay to Internal Revenue, Derives, Colorado (Ref.. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a), exemice any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejetied. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase Omer and shall not be deemed a waiver of any right of the damage in transit may be renamed to you for credit and are not to be depraved except upon receipt of women purchaser to insist upon strict performance hereofor any of its rights or haredies as to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as an my prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of my of the hams Inspection. GOODS we subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fort Collins. However, it is to be traditional that FDAL Seller and the Foochow, recognize thm in actual cris whoust, o enchargee resulting to.. antiwust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact home by the Purchwa. Therwotmq fair goad cause and as consideration forexecutingthis purchase order, the Seller hereby assigns to the Purchwa soy and all claims it may now have or hereafter Freight Terms. Shipments most be F.O.B., City of Fan Collins, 7o0 Wood Sr, Fort Collins, CO 80522, unless acquired under federal or stale antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. Ifpermission is given to prepay Wight and charge separately, the original freight purchased or acquired by the Purchaser pursuant o this purchase ordeu bill must accompany invoice. Additional charges for packing will col be accepted Shipment Distance- Where manufacturers have distributing points in various pans of the country shipment is expuved from the cores, distribution paint 10 destination, and excess freight will be deducted from Invoice when shipments are made Wm greater distance. Permits. Seller shall procure at sellers sale cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and holes of the state, municipality, temtery or political subdivision where the work is performed, or required by any other duly amounted public authority having jurisdiction over the work Of vendor. Seller further agrees to held the City of Fort 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, rules and moclw menu. Authorization. All patties to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS, This Purchase Omer armory limits acceptance to the terms and conditions Anted herein set forth and any supplementary or additional terms and conditions annexed hereto or accomplished herein by reference. Any additional or different terms and conditions proposed by seller are objec i d to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents crashed hereto No acts of the Pumbasera including, without limitation, accordance ofpanial late 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 ycJwmbO remedies, the optaoo of placing this .,do, elsewhere and holding the Seller liable for damages However, the Seller shall not be liable for damages as a result of delays due to -uses our reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, was ofcivil or military authorities, governmental prionties, fires, strikes, Good, epidemics, wars or dots 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 the period equal to the time wa ally lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, amerce, materials and work covered by this order will conform with applicable drawings, specifications, samples andror other descriptions given, will be fit for the purposes intended and performed with the highest degree of -re and competence in accordance with accepted standards for work of a imalar nature. The Sella agrees an hold the purchaser harmless from any loss, damage or expense which the Purcheser may suffer or incur on account of the Sellers branch of warranty. The Sella shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be press bed by law or by the hums ofany applicable warranty provided by the Seller after the date of acceptance of the goods [ of ed Immusla (acceptance not to be unreasonably delayed), manding from imperfect or defective work done or materials famished by the Seller Acceptance or use of goods by the Purchaser shall not onstione a waiver of any claim under this warranty. Except as mherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximmely caused by the breach of my of the foregoing'.varzanties or guarantees, but such liability shall in no 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 Financier may moue changes to kWJ terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the qu—thies originally ordered in the specifications or drawings, by verbal of written change oMer. If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement se to any or all portions of the goods then not shipped, subject to any yuitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not be here for any claims for anticipated profits on the uncompleted portion ofthe gains warm work, for incidental or consequential damages, and that no such adjustment be made is favor of the Seiler with respect to any goods which ace the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be corned wind, thirty (30) days Gom the date the change or lamination is ordered. S. COMPLIANCE WITH LAW. The Sella warrants the, all goods sold hereunder stall have been produced, sold, delivered and f chi shot an what 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 incoryomhd herein by this reference. The Seller agrees 1. indemnify and hold me Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent cribs other parry. IQ TITLE. The Seller warrants Sill, clear and w,ewrimed title to the Purchaser for all equipment, materials, and items furnished in performance of this agreement, free and clew of any and all liars, restrictions, reservations, security interest encumbrances and claims of offers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Sella to comet nonconforming or defective goods by a date m be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Pumhaser may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purcawa and its contractors of any tier from all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees of such party. The Seller's contractual obligations, including warranty, shall not be deemed In 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 in use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patched designs device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or drainage which it may be obliged to pay by reason of such inGmngemem at any time during the pmosaiion a per the completion of the work. In case said equipment, or any pan thereof or the intended use of the 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 uaing said equipment or parts, replace the same with substantially equal but noninfdnging equipment, or modify it so it becomes noainfnumng. 15. INSOLVENCY. If the Seller shall become insolvent or b nkmpr, make an assignment for the based, of creditors, appoint a receiver or trustee 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 ofthe agreement and the rights oral] panics hereunder shall be convened under and governed by the laws of the Sure of Colorado, USA. The fallowing Additional Conditions apply only in re whethe Seller is 10 perform work commands, Including the services of Sellers Reprrsentative(s), on theses premises ofothem ❑. SELLERS RESPONSIBILITY. The Sella shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in two of any accident, destruction or injury to the work andlor materials before Seller's Gal completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser When materials and equipment are finished by others for installation m erection by the Seller, the Sella shall receive, unload, store and handle same at the site and become responsible nerefor as though such materials and/or equipment were being fumished by the Sella under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, as its employees employed on or in connection with the work covered by this purchase order, author to their dependents in accordance with the laws of the sate in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, statistical and automobile public liability insurance with bodily injury and death limits of at least 5300,OdU for any one person, SSW,oOo for any one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and in e. Before any of the Sellers or bias contractors employees shall do any work upon the premises of others, the Seller shall Finnish 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 certificates shall sparsity the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall he maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby asmmes 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 of the work provided for in this purcham order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property m which the Purchaser may SO put or subject by reason of my act, action, neglect, omission or default on the part of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In care any suit or other proceedings shall by brought against ne Purchaser, or its officers, agents or employees at any time on amount or by reason of any act, action, neglect, omission or default of the Sella of any of his contractors or any of its or their officers, agenu or employees as attention, the Seller hereby agrees to acmune the defense thereof end to defend the same at the Sellers awn expense, to pay any and all costs, charges, anomeys fees and after expenses, any and all judgments that may be incurred by or obtained against the Purchaser a any of its or their officers, agents or employees in such suits or other proceedings, and in caw judgment or other lam her placed Who or obtained against the property of the Purchaser, or said panics in or as a result of such suits or other proceedings, the Sella will at once cause she same to be dissolved and discharged by giving bond or otherwix. The Seller and his contactors shall take all safely pro autuars, famish and install all guards necessary far the prevention of accidents, comply with all laws and hamonorrs with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 07/2014