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HomeMy WebLinkAbout117101 VISION GRAPHICS INC - PURCHASE ORDER - 9130629Fort of Date: 07/29/2014 Vendor: 117101 VISION GRAPHICS INC 5610 BOEING DR LOVELAND CO 80538 PURCHASE ORDER PO Number Page 9130629 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: CITY OF FORT COLLINS P O BOX 580 FORT COLLINS CO 80522 Delivery Date: 07/28/2014 Buyer: DAVID CAREY Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED, DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES Line Description Quantity UOM Unit Price Extended Ordered Price 3 Addendum to add adtl funds per requisition 47760 1 LOT EA Final invoices to close out contract with Vision Graphics. Contract ended July 7, 2014 for these services. , 4 Addendum to add acitl funds per requisition 47760 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 EA Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Teams and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from safe and local taxes. Our Exemption Number is 11. NONWANER. 98-04503. Federal Excise Tax Exemption Certificate of Registry, 84-6000587 is registered with the Collector of failure Of the Puchmer to insh, upon arc, peof.. of the terms and condoioa hero( (.flow or delay to I.emal Revenue, Denver, Colo.& (Ref Colorado Revised Satmes 1973, Chapter 39-26,114 (a). exercise any rights or manages provided herein of by law, failure to promptly tee ify the Seller in the a'em of is breach, the acceptance of., poymrnl for goods harmader or eppr ood i fibe design, shall m1 ref. she Seller Of Goals Rejected. GOODS REJECTED due to failure to meet speed ficztions, either when shipped or due to defects or any of the warcenties or obligmimrs of Nis purchase order and shall not he deemed a waiver of any right of the damage in wood, may he reamed to you for trait and are not to be replaced except upon receipt or women purchaser to insist upon stet performance hermfor any of its rights or remedies as to any such goods, regardless instructions from the City of Fear Collins. of when shipped, received or accepted, as to my prior or subsequent default hereunder, nor shall any purported ors] modification or rescission or this purchase ewer by the Pmchaer opemre as a waiver of any of the terms Inspection. GOODS are subject ro the City of Fort Collins inspwtion on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can revolt in II. ASSIGNMENT OF ANTITRUST CLAIMS. milarired payment ou the pan Of the City of Fail Collins. Howeva, it is to be understood that FINAL Seller and the Purchasa recognize that in equal economic practice, overcharges resulting from antitrust P ACCISI'ANCB is dependent up on completion. fall applicable required inspection procedures. violations are in fact borne by flee Purcher as. T heretofore, forpodcerise and as consideration for excelling this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now, have or hereafter Freight Tams. Shipments ..it be F.O.B., City of Fort Collins, 700 Wood St., Don Collins, CO 80522, unless acquired under facial or state antinned laws for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquiml by the Purchaser pursuant to this purchase code, bill must accompany invoice. Additional charges for packine will not be rammed. Shipment Distance. Where manufacturers have distributing points in carious pans of the country, shipment is expected from the neatest distribution point to destination, and excess freight will ate deducted beam Invoice when shipments are made from greater duanre. Permits. Seller shall procure at sellers sole cost all necessary Permits, saificetes and barrows respond by all applicable laws, regulations, Odiousness am tales of the state, municipality, temurry or political subdivision whew the work is Rehear d, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and maul all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, holes and requirements. Authorization. All parties to this contract agree that the representatives tine, in fact, bona fide and possess full and omplete nnlhmity to bind said parties. I,IM I'I'ATION OF TERMS This Purchase Order expressly limits acceptance to the terms and conditions stated herein ea limb and any simplement., or additional terns and conditions annexed hereto or incomme d herein by ream um. Any additional or different terms and oondilimss proMaed by seller ace objected to and hereby rejected. 3. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ify.0 cannot make complete shipment to arrive on your phomised delivery date a mood Time is of the essence. Delivery and perfcamorm must be eBecwd within the time slated on the purchase order and the documents attached hereto. No ens of fire Purhhaers including, wblaud limitadon, accepance of venial rote ddivmes, shall opmto a. waiver offis Faris.... In the event army delay, ,he Purchaer shall lose, in addition on other legal and equitable remedies. the.,a—.f patting this order elsewhere and holding the Seller liable for damages. Howsver, the Seller shall act be liable for damages as is result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts ofGd, aces of civil Or military outhodtiei, governmental priod sects, fires, strikes, nand, epidemics, wars as Has provided the notice of the conditions caning such delay is given to the Purchase, within Fee (5) days of the time when the Seller first received knowledge therm(. In the event of any such delay, she date of delivery shall be, extended for the peril equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fie for the landows intended, end performed with the highest degree of care and compelena in accowancewith accepted standards for work of a 'molar nature. The Seller agrees as hold the purchaser harmless from any loss, damage or expense which the Producer may suffer or incur on account of the Sellers breach of waranly. The Seller shall replace, repair or make good, without exist or the purchaser, any defects or faults arising within one (1) year or within such longer Feria of time a may be preaenbedi by law or by the terms army applicable warranty provided by the Seller after the &m of acceptance of the goods firaddieduall hereinafter brompaanw not to be unreasonably delayed), resulting from imperfect Or defective work dune or materials Famished by the Seller. Accepance or toe of,oi by the Purchaa shall vim onstimfe a waiver ofany claim under this warranty. Except a otherwise provided in this punhae order, the Sellers liability hereunder shall extend to all damages proximately caused by the breath of my of the foregoing wemodes or gumaro s, but such liability shall in no event include loss of profits or loss ofae. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchase, may make changes to legal leans by women change owe,. 5. CHANGES IN COMMERCIAL TERMS. The Pumhaser arty make any changes to the terms, other than legal terms, including additions to or deletions from the quaoriginally ordered in the specilicatium or drawings, by vnbal or vorom. charge order. If any such demge affects the amount due or the time idperformance hereunder, an equitable adjustment shall be made. 6. TERMINAT'IONS. [he Purchaser may at any time by written change order, aerminme this agreement w to any or all F do s of the goods then nut shipped, subject ro any rapaud le adjustment beomen the parries 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 uncomplad portion of the goods and/or work, for incidental or consequential damages, and chat no such adjarmrnt be made in favor Of the Seller with respect to my goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of my oftheir obligations as to my Gsxsts delivered hereunder. T CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be crowned within thirty (30) clan mom the core the change or termination is indicted. N. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hure red der shall have been produced, sold, delivered and furnished in atria compliance with all applicable laws and regulation ea which the goods are subject The Seller shall execute and deliver such documents as may be required to eftecl or evidence compliance. All laws and regulations required to he incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages sufferer by the Purchaser ns a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, mnsfeq ar convey this order, or any monies due or to become due hereunder without the prior written consent ofthe other party. lea. TITLE. The Seller wammts full, clear and constricted rule to the Punhaa for all equipment towards, and items fumishd in performance of this agreement five and clear of my and all firm, restrictions, reservations, security anneal ammormmca and else. edothers. 13. PURCHASERS PERFORMANCE OP SELLERS OBLIGATIONS. If the Purchaer directs the Seller to tared nonconforming to defective goods by a date w bo agrees upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Rochester may ease the weak in be performed by doe most expeditious morns available to it, and the Seller shall pay, all cash acsocimed with such work. The Seller Shall relwm the Pumhe er and its comments of any her from all liability and claims of any amre resulting from the Performance ofsuch work. This release shall apply even in rate event of fault of negligence of the Party released and shall extend to the directors, of gas and employees of such patty. The Settees contractual obligations, including wartanay, shall mat he deemed to be reduced, in any way, became Stich work is performed or caused to be perfmmed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, devire, material or process covered by later, Foam, trademark or copyright, the Seller shall indemnify and save harmless the Purchmer from any and all claims for infringement by ration of rbe use Of such paanred design, device, mutual or process in connexion with the conduct, and Shall indemnify the Purchaser for any cos. expense or damage which it may be obliged to pay by ream. or such infringement at any time during the prosecution or alter the completion of the work. In cats said esuipmem, or any pan thereof or the amended tee of the goods, is in such suit held by coatimte, infringement feed the use of said equipment or pans rnjoined, the Seller shall, in its own expense and at its option eitho procum for the Pamilesser the right to continue sing said equipment or parts. replace the sore with substantially equal bur mninfringing equipment, or modify it so it beaomes moninfdnging 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the berrcfit of creditors, appoint a mcciver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Fashasa without liability. 16. GOVERNING LAW. The definitions oftereas used or the interpretation ofthe agreement and me rights of all parties hereunder shall be construed under and governed by the laws ol'the Slate of Colomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Reprosentativgs), on the premises of others. 17, SELLERS RESPONSIBILITY. The Seller shall cant' .,aid work at Seller's own risk omit the same is fully completed and incepted, and shall, or rase of my saddent, destruction or injury to the work mWar materials before Sellars deal completion and acceptance, crmplem the work at Seller's own expense and to the sainfocuon of the Purchaser. What materials and equipment are furwshd by others for installation or erection by the Sellea the Seller shall receive, unload, sure and handle same as the site and become respirable therefor ns though such amenas arWor equipment were being( island by the Seller under the order. 18. INSURANCE. The Seller shall, at his awn expense, pmvide for the payment of workers compmmtion, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchese order, anddar 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, coenrachical and automobile public liability insurance with bodily injury and death limits of al less, $300,Otn1 for any one person, $500 000 for any one accident and property damage Moir per accident of $400,000. The Seller shall likewise require his contractors. if any, to provide for such amhpaeraion anti insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, tireSellershall famish the Purchaser with a adifcam that such compensation rod insurance have been provided. Such cauricams shall specify the date when such compensation and Resonance have been provided Such cenificeles shall specify the dam when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained 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 of any kind or roue whatwe,a to wroars or property caused by or mulling farm the execution office war, provided for in this purchase order or in connection herewith. The Seller will idmemnify and hold hamless the Puwhoer and my at all of the puchasers of rco, agents awl employees to.m am against any and all claims, losses, damages, charges or eapeaes, whether d oea or indirect, and whether be person or property a which the Purchaser may he put or subject by reason of any act, notion, neglect. omission or default on the part of the Sella, any of his antactors, or any of the Sellers or contractors officers, agents or employees. In caw any suit or mher proceedings shall be brought against the Purchmeq 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 my of his contractors or my of its or their officers, agents or emplayees as aforevtid, the Seller hereby agrees to assume the defense thereof and to defend the same as she Sellers own expense, to pay any and ail casts charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaer 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 obtained against the property of 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 bond or otherwise. The Seller and his contractors shall take all safety precarious, famish and install all guards meccou ry for the prevention of accidenh, comply with all laws and mutilations with negaw to safety including, but without limitation, the Occupational Safety aM Health Act of 1970 and all holes and regulation issued puu., thereto. Revised 07n014