HomeMy WebLinkAbout539659 DEBORAH W-C INC - PURCHASE ORDER - 9144311PURCHASE ORDER PONumberPage
C117/ of PURCHASE
311 1 of 2
' `tCollins/ This number must packing
` \.I l on all invoices, packing
sli s and labels.
Date: 07/29/2014
Vendor: 539859
DEBORAH W-C INC
3658 POINT DR
FORT COLLINS CO 80524
Ship To: HUMAN RESOURCES
CITY OF FORT COLLINS
215 N MASON, 2ND FLOOR
FORT COLLINS CO 80524-4408
Delivery Date: 07/29/2014 Buyer: WILSON, JILL
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
t LEAD 1.0
Inv. dated 6/24/14
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
6,369.67
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 exemption. By crude the City of Fun Collin is exempt from slate and local taxes. Our Exemption Number is
11. NON WAI V ER.
98-04502. Federal Excise Tax Exemption Cenifeme of Registry 84-6000581.is registered with the Culleaur of
Failure of the Purchaser to insist upon strict performance of the reran 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 unity the Seller in the event of a
breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release thc Seller of
Goods Rejected. GOODS REJECTED due m failure an meet specifications, either when shipped or due to defects of
any of the wananlies or obligations of this purchase order and shall not be deemed a waiver of any right of the
change is transit, may be resumed m you fir ons it and art not to be replaced except upon receipt of written
purchaser to insist upon strict performance hereofor any of its rights or remedies as to any such goods, regardless
instructions from the City of Fan Collins.
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported
oral modification or rescission of this purchase order by the Forbearer operate as a waiver of my of file terms
Inspection. GOODS arc subject to she City of Fan Collins inspection as arrival
hexer,
Final Acceptance. Receipt of the merchandise, eDiers or equipment in response to this offer can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS,
authorized payment on the pan of the City of Fort Collins. However, it is or be miderstaW that FINAL
Seller and the Purchaser imagines, that in actual m ga is practice, a emhanresulting from antitrust
ACCEPTANCE is dependent upon complexion of all applicable requited impaction procedures.
violations ate in fact bones. e by the PurchasTheremforefaagood cause and as consideration for executing this
purchase order, the Sella hereby assigns to the Promisee any and all claims it may now have ne hereader
Freight Terms. Shipments most be POD., City of Fort Collins, 701) Wood St, Foil Collins, CO 80522. unless
acquired under federal or sum moral laws for such overcharges relating to the particular good or services
otherndx specified on this order. If permission is given to Prepay freight end charge separately, the original freight
purchased or mquiral by she Purchaser pursuant to this purchase offer.
bill must accompany invoice. Additional charges for packing will not M accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where rmanufactumrs have distributing Points in vanow pans of the country, shipment is
tribe Purchaser directs she Seller in correct nonconfofming or defective good by a date to be agreed upon by the
expected from the nearest distribution in, to destitution, and excess freight will be deducted from Invaice xhim
Purchaser and the Seller, and the Sella thereafter indicates its inability or unwillingness to comply, she Purchaser
shipments are made from greater distance.
may were the work to b< performed by the most expeditious means available to it, and the Seller shall Pay all
cons anm'i. al with such vm A.
Remain. Seller shall procure m when sole cost all necessary Remain, certificates and licmam lacriM by all
applicable lava, regulation, orduaznce and rules ofthe stale, municipality, lemmry or political subdivision where
the work is performed, or sustained by any other duly constituted public authority havingjuriss iciian over she work
of vendor. Seller But agrees to hold the City of Fort Collins harmless from and against all liability and loss
incurred by them by reason of en asserted or established violation ofany such laws, regulators, takeovers, ales
and "i inerrao,
Ammmindion. All parties to this concoct agree Nat the representative art, in for, bore fide anal possess full and
complete authonry to bind said parties.
LIMITATION OF TERMS, This Purchase Offer expressly limits acceptance m she terms aM condition most
herein sin forda and any supplemmmry or additional tams and condition anneaal herem or incorporated bertin by
reference. Any additional or dilTerennerms and condition proposed by sellm art objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou mmtol make mradem shipment to curve an your
promised delivery date in noted. Time n of the essma. Delivery and performance must he a@red within the time
statal on the purchase order and the documents attached hereto. No acts of the Pumhaal including, without
limitation, acceptance offered are deliveries, shall operate as a waiver o'this provision In the evens ofany delay.
the Poschsser shall have, in addition to other legal and equitable remain, the option of placing this order dsevhae
and holding the Seller liable far dvmaga. Howcveq the Seller shall nos be liable for damage res a result of dehys
due to causes not reasonably foreseeable which oft beyond its reassemble central and without it fault ofnegligence,
such acts of God, acts ofcivil or military auhorities, governmental prionlies, fires, strikes. Rood, epidoral., was or
riots provided that notice of the condition causing such delay is given to the Purchaser within five (5) days of the
time when the Sella fat received knowledge therm!. In the event of any such delay, the date of delivery shall be
extended for the period equal to the time actually lost by reason of the delay.
3. WARRANTY.
The Sella warrants that all good, articles, materials and work covered by this order will conform with applicable
drawings, specification, samples and/or other description given, will be fit for the proposes intended, and
performed with the highest degree of care and competence in accordance with accepted standard for work of a
shelter nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the
Purchaser may larger or incase on =count of the Sellers breach of wmrdmy. The Seller shall replan, repair or make
good, without cast to the probsom, any defects or faults ailing within one (1) year or within such longer period of
time in may be, prescribed by law or by the terms fany applicable ..my provided by the Seller after the dote of
acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from impafect
or defective work done or materials fumished by the Seller. Acceptance or use virginals by the Purchaser shall not
mntitute a waiver clearly claim under this warranty. Except n otherwise provided in this Purchase order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach army of the foregoing warranties
or grournmes, but such liability shall in no rent include loss of,rofin or Ins 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 wnnen change order.
5. CHANGES 1N COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions fmm
the purnio iex originally ordered in the specifications or drawings, by verbal or romn uhmo,o order. 11any such
change affects the amount due or the tins or performance hereunder, an equitable adjustment shall he made.
6. TERMINATIONS.
The Purcbn may at any time by written change order, to a this agreement a any o all pan of the
mtinat
goods then not shipped, subject to any hall not a liable
betany can the ponies ci tawny work n thematerials
uncompleted
in
pmgras provided Nat the Purchaser shall rim be liable for any claims for and
that no such
adjustment un fie be ma ec in
portion of she good enNar work, far incidental is amthe Seller damages, sto xhm no such miabe made in
favor of the Seller with Seller
of any
to of
which ore the Sellers standarddeicee hock. tin such lamination shall relieve
the Purchaser or the Seller ofany of their obligation u m coy grad delivercJ hereunder,
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be asserted within thirty (30) days tram the date the change or lamination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller wartants that all goods sold hereunder shall have been produced, sold, delivered and Nmished in strict
compliance with all applicable laws and regulations to which the good arc subject. The Seller shall exemm end
deliver such documents n may he required to effect or evidence compliance. All laws and regulation required to be
incorporated in agreements of Nis character arc hereby incorporated herein by this reference. The Seller agree to
indemnify and hold the Purchastt harmless tram all costs and damages suReral by the PureM1aser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall resign, real err convey this under, or tiny monies due or to become due hereunder without the
prom wdnm mrsent of the m1m, party.
10. TITLE,
The Seller xartants fill, clear and unreatncted fide no the Purchaser for all equipment, materials, cad items famished
to p a1m—ance of dris intramural, free and clear of any and all lien, mtrictian, reservations, security interest
encumbrance and claims .(others.
The Sella shall release the Purchmtt and its conBaaors of my fia (men all liability and claims of any nature
resulting from the performance crunch work.
This release shall apply men in the event of fault of negligence of she Party normal and shall extend to the
directors, oRcers and employees ofsuch pan,.
The Settees coatmmual obligation, including immunity, shall not be dermal so be, reduced in any way, baause
such work is performed or mush e. be performed by star Purchaser.
14. PATENTS.
Whenever the Sella is required to use any design, device, material or process covered by letter, patens, vddectark
or copyright, the Sella shall indemnify and some harmless the Purchaser from any and all claims far infringement
by reason of the use of such parroted design, &xem, mma d or process m connection with the ma.,, and
shall indemnify the Purchaser for any mess, expense at 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 case said equipment, on
any pan framer or the intended we of the good, is in such suit held to m otimm infringement and the lase of
said equipment or part is enjoined, the Seller shall, at its own expense and at its option, either pronare for the
Purmua the right to continue ring said equipment or pan, replace the same wish substantially all but
amninfringing equipment, or modify it so it becomes nardafri muram.
15, INSOLVENCY.
If she Sella shall become insolvent or baN:mPr, make an assignment fir the benefit of credimn, imparat a
roccover or gnsme far any of the Sellers property or business, this order may forthwith be mnreled by the
Purchaser William liability.
16. GOVERNING LAW.
The definition ofteems used or the a er roation of she agreement and the rights of all parties hereuMer shall be
ontued under and governed by the laws argue Stale of Colorado, USA.
The following Additional Condition apply only in cases where the Seller is to perform work hereunder,
including the services of Sellers Remesenestive(s), on the premises of others.
17. SELLERS RESPONSIBILITY.
The Seller shall Cary oa said work at Seller own risk until the same is fully completed and accepted, and shall,
in use of any accident, destruction or injury an the work ands marenals before Settees final completion and
acceptance, complete the work at Settees area expense and to she satisfaction of the Porchasee When mmerials
and equipment are famished by others for installation or emaion by due Sella, the Seller shall receive, unload
stare and handle same at the site and become responsible therefor as though such materials maker equipment
were being Furnished] by the Seller under the order.
18. INSURANCE.
Tlm Seller shall, at his own expense, provide for the payment of workers compensation, including occupational
disease benefits. to its employees employed on or in connection with the work covered by this purchase order,
ondor to their dependents in accordance with the laws of the mile in which the work is to be done. The Sella
shall also carry comprehensive general liability including, but not limited to, communed and coaster ile public
liability intimate will, tashly imloy and death limits of ar least $3W Mall for any one junior. 550c,000 far any
one accident and Fortuity damage limit per accident of $400,000. The Seller shall likewise tedium his
contractors, if any, to provide for such compensation and insurance. Bofare any of the Sellers or his conlnclon
employee shall do any mak upon the premises of offers, the Seller shall fumlsh the Purchases with a Anlficate
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 specify the date when such compensation
unit insurance expires. I he Seller agrees that such compensation and insurance shall h 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 far any and.11 damage, loss or injury of any kind
or nature wha avever to persons or property caused by or resulting from the execution ofthe walk provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser aed any
r all of the Purchasers officers, agents and employees from and against any and all claims, Insa, damages,
charges or expenses, whom., dinner or indems , and whether to persons or property to which the Purchaser may
be put or subject by reason of any rat, action, neglect, omission at default cat the pan of the Seller, my of his
contmnots, or any of the Sellers or contractors officers, agents or employees. In case my suit or other
proceedings shall be brought against the Purchase, or its officers, man or employees at my time on recoml or
by reason of any act, action, neglect, omission or default offer Seller of any inflow conhunors or any of its or
their officers, agents or employees in aforesaid, the Sella hereby agrees to assume the defense thereof and to
defend the same an the Sellers rave expense, as pay any and all at charges, mtomeys fees and offer, expenses,
any and all judgmmes that may be incurred by t obtained again the Purchases or any of its or their officers,
agents or employees in such suits or other promadirip, aM in case judgment or other lion be placed upon or
obtained again the pmpetty of the Purchaser, or said parties in or m a tool of such suits or other proceedings,
the Sella will at once cause the same to be dissolved and dischargal by giving bond or othenise. The Sella and
his contractors shall take all safety precaution, fmish and install Al guards necessary for the prevmtion of
accidents, comply with all Does atd regulation with regard to safety including, bur without limitation, the
Occuparimaal Safety and Health Act of 1970 and all order and regulation issued pursuant therein.
Revised 07TW14