Loading...
HomeMy WebLinkAbout122265 KUSTOM PAINT & TRIM - PURCHASE ORDER - 9144271PO PURCHASE ORDER 9144271 Page City O'f///���►►► 9144271 1012 ' `t Collins I I ns This number must appear V " on all invoices, packing sli s and labels. Date:- 07/28/2014 Vendor: 122265 Ship To: OPERATIONS SERVICES KUSTOM PAINT & TRIM CITY OF FORT COLLINS 1417 WEBSTER AVE #2 300 Laporte Avenue FORT COLLINS CO 80524-4718 Building B FORT COLLINS CO 80521 Delivery Date: 07/28/2014 Buyer: DOUG CLAPP Note: Line Description Quantity Ordered UOM Unit Price Extended Price Repair hail damage 1 LOT LS 40,000.00 estimated To cover the cost of hail damage repairs to City vehicles. An invoice for each unit with a unit number and vin number must be submitted to: City of Fort Collins Operation Services PO Box 580 Fort Collins, CO contact: Eric Dh# 970-221-6613 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, $40,000.00 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. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Too Collins is exempt form state and local taxes. Our Exemption Number is I L NON WAIVER. 98-04502. Federal Excise Tax Exemption Cenificme of Registry 84-60o0587 is registered with the Collmfor of Failure of the Purchaser to insist upon strict 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 goods hereunder or approval argue design, shall not elease the Seller of Goods Rejected. GOODS REJECTED due to failure It .,at specifications, either when shipped or due to defects of any of the wmmnties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in march, may be Trimmed to you for credit and are not W be Teplaed 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 bcammumns from the City of Fon Collins, of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or monei r, of this purchase order by the Purchaser operate as a waiver Of any of the mars Inspection GOODS are subject to the City of Port Collins inspection on .oval. hereof Final Accepunca Receipt of the merchandise, maye. or equipmml is response m this aide, can result in Ili ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of TO, Collins. However, it is 1.be understood chat FINAL Seller and the Purchaser recognize that in actual economic practice. overcharges resulting from antibust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations arc in fact home by the Purchaser. Theretofore nforr good cause and as considenown for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F O.B., City of Fort Collins, 700 Wood St, Pon Collins, CO 80522, unless wexpiml under, federal or state antiomst laws for such ovemhmges Totaling to the particular goads or services otherwise specified on this oNer. If,manission is given to prepay freight and charge intimately, the original freight purchased or acquired by the Pumhmer pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCI IASERS PERFORMANCE, OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have disnibming points in varus parts of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or detective goods by a date to be agreed upon by the expected form the nearest distribution point to deourecon, and excess freight will be deducted form Invoice when Purchaser and the Seller, and the Seller tbrami indicates its inability or unwillingness to comply. the Purchaser shipments are made from Greater divianec. may cams, the work to be perfomred by the most expeditious means available to it, and the Seller shall pry all casts aswciated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, cerifimms and licenses squired by all applicable laws,regulations, ordinances and rules ofthe state, municipality, territoryor political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction aver the work Of candor. Seller further agrees m hold the City of Pun Collins harmless form and against aft liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, tales and Tequiannenm. Arthorimtion All parties to this contact agree that the Tepwavack oas are, in fact, bona fide and possess full and emblem authority to bind aid parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein sal forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any, additional or different femn and conditions, proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if yap cannot make complete shipment to move on your promised delivery date as noted. Time is of the essence. Delivery and performance, must be elRded within the time stated on the puabasa oNer and the documents attached hereto. No acts of the Purchusers including, without limitation, acceptance of partial lam deliveries, shall operate in a waiver of this provision. In the event of any delay. the Purchaser shall five, in addition W other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damage. However, the Seller shall not be liable for damages m a result of delays due to cuums, not remoumbly unreasonable which are beyond its reasonable control and without its fault ofnegligence, such acts of God, sans of civil in military authorities, governmental prionties, fires, strikes, Rood, epidemfs, 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 fins received knowledge thereof In the evem of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason office delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable aw drings, specifications, maples and/or other descriptions give., will be fit for the mrµwn intended, nod performed with the highest degree of care and enmpemnce in accordance with accepted stendards for work of a similar nature. The Seller agrees to hold the purchaser wordless form any Ins, damage or expense which the Purchaser may sufferer incur on account ofthe Sellers breach of wemmury. The Seller shall replace, repair or make good, without cost W the purchase, any dollars or faults arising within one (1) year or within such longer rend of time as may be presynbod by law or by the teems of any applicable warranty provided by fire Seller oiler the date Of acceptance of the goods famished hereordm (acceptance not to be unreasonably delay d), resulting (rear imperfect or defective work done or materials famished by the Seller. Acceptance or use of good by the Purchaser shall not onstiorm a waiver ofany claim order this waterway. Except as oNerwiw provided in this purchase order, the Sellers liability hereunder shall extend to all damages pronnamly caused by the breach of any of the foregoing xuniumm, 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 Purchaser may make changes to legal ¢Tors by women change order. 5. CHANGES IN COMNiERCML TERMS. The Purchaser may make any changes to the terms, other Nan legal team, including additions to or diction from the quantities originally ordered in the v xvifications or drawings, by verbal or written change order If any such change affects the amount due or the time of performance hereunder, of explicable djmtment shall be trade. 6-TERMINATIONS. The Pmchm may at any time by written change order, terminate this agree rim m fo any o all portions of the good than col shipped, subjmuo any equitable adjustment between the primes as W any nark or.,coal, them in progress provided that the Purebmer shall not be liable for any claims for anticipated pmlhs on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respee,to any goods which are the Sellers standard stork. No such termination shall relieve the Purchaser or the Seller ofany archaic obligations as to any good delivered heeuMer. T. CLAMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within chi, (30) days from the data do change or fornication is oNefed. 8. COMPLIANCE WITH LAW. The Seller wamms chin all goods sold hereunder shall have been produced, sold, delivered and famished in stria 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 intonations mquiml to be association N agreements of this character are hereby contraction herein by this re@rtnce. The Seller agrees to indemnify and hold the Purchaser hornless from all torts and damages suffered by the Purchaser m a result of the Sellers fciltue to comply with such law. 9. ASSIGNMENT. Neither Parry shall cosign, tremfer, of convey this order, or any monies due or in become due hereunder without the ,.at written consmr ofthe othm tars, 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaer for all equipment, materials, and items fiunished in performance of this agreement, f =it clear of any and all liens, restrictions, rewevanom, mainly interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tier from all liabil try and claims of any nitrate inking from the performance of such work. This release shall apply even in the event of fault of negligence of the puny relented and shall extend W the directors, officers and employees of such party. The Sellers contractual obligations, including warmly, shall not be deemed W be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14, PATENTT S. Whenever the Seller is required to use any design, device, material or process covered by letter, plant, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser form any and all claims far infringement by reown of the use of such patented design, device, material or process in connection with the contact, and shall indemnify the Purchaser far any cost, 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 caw said equipment, Or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the me Of said equipment or pan is enjoined, the Seller shall, at its own expense and in its Option, either pmeure for the Purchaser the right to continue ming said equipment Or pans, replace the same with mbslantinlly equal bat noninfringing National or much fy it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall became insolvent or bankmpl, make an assignment for the Inert of creditors, appoint a receiver or trade, for any of the Sellers property or business, this order may forthwith be canceled by the reasoner without liability. 16. GOVERNING LAW. The definition of.. used or the morpremtion of the agreement and the nghls of all parties hereunder shall be continued under and governed by the laws of the Stale of Colorado, USA. The fallowing Additional Conditions apply only in where the Seller is to pnfotm work hereunder, services the sices of Sellers Rapresentative(s), on thecases premises crochets. ❑. SELLERS RESPONSIBILITY. The Seiler shall carry on said work at Sellers own risk anti) the same is fully completed and accepted, and shall, if use of any accident, daemetion of injury to the week und'oe materials FOR. Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment are Banished by orders for installation or erection by the Sella the Seller shall receiver unload, store and handle same at the sum mJ become responsible therefor as though such materials and/or rquipment were being famished by the Seller ander the order. 18. INSURANCE. The Seller shot. at has own expense, provide for the payment of workers compensation, including Occupational disease banetus, to its employees employed as or in automation with the work covered by This parchas, order, unpin m their dependents in accordame with the laws of the sues in which the work is to be done. The Seller shall also carry mcparnemive general liability including, but not limited to, contractual and automobile public liability immmnce with bodily injury and death limns of at least $300,000 for any one pecan, 5500.0oo for any one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his contractors, Harry, to provide for such compensation and immmnce. Before any ofthe Sellers of his contractors employees stall do any work upon the promises of others, the Seller shall Pomish the Fumhmef with a ceniftcale Best such compensation and instance have been provided. Such cendill fes shall specify the date when such examination and insurance have been provided. Such certificates shall specify the dam when such compensation and nmuanco expires. The Sella ii a a that such campensation and immmkce shall be maintained until after the entire work is completed and accepted. Dr. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage Was or injury ofany kind or wtme whatsoever to persons or pmporty mused by or resullingf the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Examinations oRcers, agar. and employees form and against any and all ding, loose, damages, Charges or expenses, whether direct err indirect, and whether to persons or property to which the Purchaser may be put or subject by ,awn of any act action, neglect, omission or default on the pan of the Seiler, any of his contactors, or any of the Sellers or mntmctors officers, agents or employees. In care any suit Or Other proceedings shall be brought against the Purchzwr, or its officers, agents or employees at any time on account or by Trion or any act. action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as command, the Seiler hereby agrees to continue the defame thereof and to clef" the same at the Sellers own captain, to µy any and all costs, charges, attnmeys fees and other expenses, any and all Ingmmu that may be incurred by or obtained against the Purchase, or any of its or their Orleans, agents or employees in such suits or other proceedings. and in case judgment or other Him be placed upon or obtained against the property of the Pmchki or said µnix in or as a result of such suits or other proceedings, the Seller will at may cause the ante to be dissohed and dischorged by giving bond Or otherwise. The Seller and his contractors shall take all safety precautions, f ich will install all guards naesvry for the prevention of accidents, comply with all laws and regulations with regard to safety including. but without limitation, the Occupational Safety and Health Act of 1970 aod ell fines and regulations issued pursuant thereto. Revised 07aOi4