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HomeMy WebLinkAbout289879 UNITED MAILING - PURCHASE ORDER - 9144328Fort Collins Date: 07/30/2014 Vendor: 289879 UNITED MAILING 3201 E MULBERRY ST UNIT D FORT COLLINS CO 80524 PURCHASE ORDER PO Number Page 9144328 1of2 This number must appear on all invoices, packing slips and labels. Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS CO 80524 Delivery Date: 07/29/2014 Buyer: ED BONNETTE Note: Line Description Quantity UOM Unit Price Extended Ordered Price United Mailing INV 8004 dated 4-17-14 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 5,085.25 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 Too Collins is exempt from stale and local taxes. Our Exemption Number is 9N-04502. Federal Excise 1'ax Exemption Comfic re of Registry 84-6000587 is registered with the Collector of Interval Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 fid Goods Rejwte. GOODS REIECFED due W failure m men specifications, either when shipped or due to defects of damage in uansit, may be rearmed to you for credit and are not to be replaced except upon receipt of wnman instructions from the City afford Collins. lnspatlon. GOODS arc subject to the City of Fan Collins inspection an anival. Final Acceptance. Receipt of the merchandise, sciences pm or czaiud in response to this omef cat ravid' in n authorized payment on the pan of the City of PoCollins. However, it is an be understood 'burFINAL ACCEPTANCE is dependent upon completion ofall applicable require inspection procedures. Freight Terms. Shipments most be F.O.M. City of Fort Collins, 100 Wood St, Fort Collins, CO 80522, unless mh rwise specified on this order If permission is given to prepay freight and charge sepatamry, the original f fight bill mast accompany invoice. Additional charges for Peking will not be accepted. Shipment Distance. Where manufacturer have distributing points in various pans of the country, shipment is expected from the nearest distribution pairs to destination, and excels freight will be deduce from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sale cost all naessary permits, certificates and licemu require by all applicable laws, regulations, ordinances and rates of the state, municipality, terimry or Political subdivision where the ..,it is perfommed, or require by any other duly mnstitured public auhority hiving juaisdiction ova the work of vz dm. Sella further agrees to hold the City of Fon Collins hmmless fmm and against all liability and lass incurred by them by rearm of an assured or eamblished violation of any such laws, republican, oNimnces, rates and resquireaments. Amlmxmation. All parties to his contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF PERMS. This Purchase Order expressly limits acceptance to the terms and conditions sated herein set forth and any supplementary or additional terms and conditions aaexrd horem or incorporated herein by refiama. Any addi'iuwl or dif vard mum and conditions proposed by seller are objmed to mad hereby rejeeted. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment Ip arrive on your promised delivery date as noted. Time is of he eNzrrm. Delivery and performance mart be thorned within foe time sorted on the purchase order and the documents attached hereto. No nets of the Purchasers including, without limitation, acceptance of partial 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 equitable remedies, the option ofplacing this order elsewhere and bolding the Seller liable for damages. However, the Seller shall rim be liable for damages as a result of delay due m causes mast reasonably Teem —lie which am beyond its reasoable era.) and without its fault of negligence, such acts official, acts placid or military amhodrim govemmenul priorities, Gres, strikes, Rood, epidemic, wars or riots provide but notice of the conditions causing such delay is given to the Puehma within five (5) days of be time when be Seller first received knowledge therm( In be event of any such delay, the dam of delivery shall be extended for the period equal to the time actually last by reason ofthe delay. 3. WARRANTY. The Seller warrants that all guests, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples anther other descriptions given, will be fit for the purposes intended, and performed with the highest degree of can and competence in accordance with accepted standard for work of a 'mill mature. The Sella agrees ao hold be purchase( M1mand. fmm any loss, damage or expense which the Purchaser may author or incur on account of the Sellers breach of wmmnty. The Seller shall replace, repair or make good, without ever to the purchaser, any defects or faults nursing within one (1).year or within such longer period of time as may be prescribed by law or by the terms of any applicable warm my provided by the Seller otter the date of acceptance of the gouts burnished hicamoda (acceptance nor in be unrembrobly delayed, retailing from imperial or defective work dune or materials famished by the Seller. Acceptance or use of goad by the Purchaser shall not onsdcte a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers loduliry hereunder shall extend W all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss ofprofts or loss of use_ NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The PumM1aaor may mike changes to legal terms by women change order. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to foe arms, other than legal terms, including additions to or dele imvs from the quantities originally ordered in be specifications or drawings, by verbal or wtittm change order. If any such change aRects the amount due or the time of performance hereunder, an equitable adjustment shall be nude. 6. TERMINATIONS. The Purch ver may at any time by wrnen change order, rearzonste this agreement as to any or all portions of be goods then not shipped, subjecuo any equitable adjustment ladwan be ponies m to any work or materials then in progress provided that the Purchaser shall not be liable far any claims for anticipated grafts tin the uncomplae Penion of the goads anthor work, for ineirlaml or consequential damages, and that no such admarmem be made in favor of the Seller with respect to any goods which arc the Sellers standard stock. No such lamination shall relieve the Pumhasor or the Seller ofany of their obligations as to any goods delivered hereunder. Z CLAIMS FOR ADJUSTMENT. Any claim for adjmrmmt mast be achi within may (30) days fmm be daze be change or larmi amor is mered 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods are subject The Seller shall romme 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 cEameer ore hereby incorporated herein by this reference. The Sella agrees to indemnify call hold the Purchaser hamdess from all acts and t amago suffered by the Puchmer as a result of be Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or to become due hereunder withoonhe poor verimen consent of the other party. 10. TITLE The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items fumLSM1ed in pertormance of this agrommon, free and clear of any and all Iicns, mtrictions, reservations, security incerest encumbrances and claims of thew. 11. NON WAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions haeoL, Crime or delay to exercisany rights or remedies provided herein or by law, failure to Torridly rich fy, the Seller in the event of a breach,tthe acceptance of or payment for goods hereunder or approval of the design. shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be deeme a waiver of any right of the purhmer to insist upon strict performance hereof or my of its rights or remedies as to any such good, regardless of when shipped, received or meepte, as to any prior or subsequent default hertuMa, we shall any prof ored am[ modification or reuissivn of this purchase order by the Pmchasa plectra ss a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic u practice, overcharges resulting from anti0n violations are in fact bole by the Purchaser. Theretofom, afagood cause and as maxidermion for executing this purchase order, the Sella hereby moigm to the Purchaser any and all claims it may now have or hemmer acquired under fedenl or sum ar is ust laws for such overcharges relating to the particular good or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Perfumer directs the Sella to coned nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller dotage, indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Sella shall pay all costs assaiste with such work. The Seller shall release the Purchaser and its contractors of any her from all liability and claims of any wwrc .Iraq, from the performance, ofsuch send. This recruit shall apply even in the event of fault of negligence of the Party released and shall extend to be directors, officers and employees ofsuch party. The Seller's contactual obligations, including warranty, shall not be bound a be reduce, in any, way, hecruse such work is performed or caused to be performed by the Pumhuer. 14. PATENTS. Whenever the Seiler is required to use any design, device, mmmal or process covered by loner, patent, trademark at copyright, the Seller shall indemnify and save harnlos the Purchaser fmm any and all claims for infringement by reason of the use of such patented design, der im, material or process in correction with the compact, and dull indemnify the Purchaser for any cote expense in damage which a may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In came said equipment, or any :at thereof or he intended use of the goods, is in .such suit held to omeritme infn'ngemem and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at is option, either procure for the Purchaser the right to continue using said equipment or pans, replace be same with substantially equal but noninGnging equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Sella shall become insolvent or banA pt in an acsigpmat for be benefit of creditors, ep,art a arceiver or trustee for any of the Sellers property or bosincss, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ar team use in the interpretation ofthe roso mac and the rights of all parties hereunder shall be comtmed seder and govem<d by the laws of foe Sum ofCuloome, USA. The following Additional Conditions apply only in carizz, where the Seller is to perfoaph work hereunder, including be services of Sellers Rcperseneriveb). on the premises efoders. It. SELLERS RESPONSIBILITY. no Seller shall carry on said work at SdIrxN own risk anal the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work anther materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials an equipment are famished by others for installation or treader by the Seller, the Sella shall receive, unerad, stare and handle same at the site and baome responsible therefor as though such materials author equipment were being fmished by the Sella seeder the order. 18. INSURANCE. no Seller diall, at his awn expense, provide for the payment of workers compensation, including compliment disco,, turnoffs, to its employees employed on or in cmmecdon with the work covered by this purchase color. and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Sella shall also carry comp lwoure general liability including, but not limited to, contractual and automobile public Liability imurance with bddy injury and death limits of at leant Stratum for any one Person, E500,0mm for any one accident and property damage limit per accident of S400,0110. The Seller shall likewise require his contractors, if any, to provide for such exampormarion and insurrove. Before any of be Sellers or his comments employees shall do any work upon the premises of others, the Sella shall f ish der Purehmer with a condition Nat such mmpensmion and insurance have been provided. Such conincaa shall span the dam when such conformation and insurance have boon provided. Such catifiates shall specify she date when such compensation and insurance expires. The Seller agreea that such compensation and insurance shall be maintained until ado, the entire work is completed and accepted. 19. PROTECTION AGAINSTACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind or nature whosoever to persom or property caused by or resulting fmm the execution of the wad provided for in this purchase anchor or in connection herewith. The Sella will indemnify and hold harmless the PurcM1mer nod any cr all of the Purchmers olRcars, agents and employees employfrom urd agaimt any and all claims, looses, damages, harges or expenses, vOmma direct or indirect, end whether to Persons or property m which the Purchaser may be, put or subject by reason of any act, action, neglect, omission or default on the part ofNe Sella, any of his containers, or any of the Sellers or contmcmrs officers, agents or employes. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time oa account or by mason of any in, action, neglect, omission or default of the Seller of any of his contmcmrs or any of its or their ofic ass, agents or employees as aforesaid, the Seller hereby agrees to assume the defense Hereof and to defend the same at the Sellers own expense, to pay any and all case, charges. attorneys fees aM other expemcs, any and all judgments but may be incurred by or obtained aga e t the Purchaser or any of its or their officers, agents or employees in such suits or order proceedings, and in case judgment or offer liar 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 Sella will at mice cause the same m be dissolved and dischurged by giving board or otherviu. The Sella and his co madors shill it, all safety precautions, famish and install all guard necessary for be prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, 'he Occupational Safety and Health Act of 1910 and all roles and regulations issued pursuant theater. Revised 07n014