Loading...
HomeMy WebLinkAbout148199 BARBIZON LIGHTING OF THE ROCKIES - PURCHASE ORDER - 9144503PO PURCHASE ORDER 914450er Page City, of44503 Herz ' `F6rt Collins/ his number must packing ` V ` 1 1�7 on all invoices, packing sli s and labels. Date: 08/06/2014 Vendor: 158199 BARBIZON LIGHTING OF THE ROCKIES 8269 E 23ND AVE, STE 111 DENVER CO 80238 Ship To: LINCOLN CENTER CITY OF FORT COLLINS 417 W MAGNOLIA FORT COLLINS CO 80521 Delivery Date: 08/06/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price r Quote #0233929 dated 8/1/14 2 Followspots incl shipping 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 Total Pay terms net 30 days Invoice Address: 15,209.30 KE City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIALDETAIIS. Tax exemptions. By statute be City of bon Collin is exempt from some and local text Our Exemption Number h 98-01502. Fireboat Excise Tax Exemption Carloads s of Registry 84.6000587 is registered with d¢ Collector of Into=[ Revenuc. Denver, Colorado (Ref. Colorado Revised Sumter 1973, Claps, 39-26, 114 (a). Goods RejmtN. GOODS REJECTED due to failure ot mom aprcifcationes, either when shipped or due to defeeds of damage in transit, may be rctumed to you for credit and are not to be replaced except upon receipt of written instructions from the City of Fort Collins. Ireprction. GOODS arc subject o be City of Fort Collins impatient on arrival. Find Arcanum, Raeipt of the merchandise, se e r equipment in response to this order can result in itabbixed payment on the an of floe City of IvinCollins. However, a is m be makard ad thatFINAL ACCEPTT ANCE is dependent upon completion of all applicable squired inspection procedures. Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St_ Fort Collins. CO 80522. unless otherwise specified on this order. If permission is given to prepay freight and change separately. the original freight bill most accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have disttibaing points in various pans of the country, shipment is o,weed floor be rearrest distribution ,at to desfiwtma, and races freight will be deduced floor Invoim when shipments are nude from greater distance. Permits. Sella shall procure at sellers sole and all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and ales of be sure, municipality, territory or Political subdivision where the work is performed, or required by any other duly conatiluteJ public authority having jurisdiction over the work of vendor. Seller further agrees to held the City of Fun Collins harmless Earn and against all liability and loss incurred by them by reason of an assentor ed established violation of any such laws, regulations, ordinances, ales andsrerequirements. Authorisation. All parties to this contract agree that the representatives are, in fact, bona fide and possess fall and complete authority to bind said parties. LIMITA]'ION OF TERMS. This Purchase Order expressly limits weaknce to the terms and conditions stated herein set font and any saWlemenary or additional terms and conditions annexed harem or trampoaeed herein by reference. Any additional or different terms and conditions proposal by sells are objected to and booby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT norms dy if you carrot make complete shipment to above oa your promised delivery dace as noted. Time is of the ecsenee. Delivery and performance must be ef4cted within the time sated on the purchase order and be documents attached hater. No acts of the Purchnc s including, without [inflation, acceptance ofpmial late deliveries, shall operate u a waiver of Nis uncition. In the event of any delay, the Purchaser shall have, in addition m other legal and ta,moble rtmdies, the option of placing this order elsewhere and holding the Seller liable for damages. However, be Seller shall not be liable for damages n a result of delays due to causes not easonably foreseeable which are beyond its reasonable control and without its fault of negligence, such east of God, son ofeivil or military authorities, governmenml prminfies. fires, suines, Rood, epiJemies, wan or Hats provided that notice of the conditions causing such delay is given to the Purchaser within time (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 export to the time normally last by reason of the delay. 3. WARRANTY. The Seller warean6 that all goods, articles, materials and work covered by this order will confotm with applicable &swings, specificatiuns, samples and/or other damptious given, will be fit for he purposes intended, and performed with the highest degree of care and competence in accordance with incepted seawards for wort: of a similar exame. The Sella agrees an hold the purchaser harmless fmm my loss, damage or expense which the Purchaser may suRer er me- on account of the Sellers breach of oo menty. The Sella shall replace, repair or make good, without cast on the purchner, any defects or ferules wising within one (1) year or within such longer pered of time as, may be presaibd by law or by be terms Eany applicable wanzvry provided by the Seller after the &to of i ce,prance of the goods Somalia] hereunder (acceptance tat or be ii nably delayed), resulting from impaired or defective work done or aatmak famished by the Sella. Aceepance or toe of goods by the Purchaser shall not contains, a waiver of any claim media this warranty. Except a otherwise provided in this purchase order, the Sellers liability hereunder &ball extend in all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no evem include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCI IANTAHILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4, CHANGES IN LEGAL TERMS. T he Purchamer may make changes to legal terns by written change order. .. 5. CI IANGES IN COMMERCIAL TERMS. The Purchaser may make my changes to the temu. other chin leg,,] terms, including millions to in deletions form the quantities originally ordered in the spmifcations or drawings, by vertical or written change omenIt any such change ideas the amount due or the lime mperfoomanco hereunder, sotyritable adjustment shall For do. 6. TERMINATIONS. The Purchaser any at any dare by written change omcr, u meieate this agreement as to any err all portions of the good then not shipped, subject to any tyuitable adjustment beacon the patties as in my work or materials ten in progress provided but the Purchaser shall not be liable for any claims for anticipated peafts an the morompind portion of the goods an/lor work, for incidental or cre"bantial damages, and that no such w1justment be made in favor of the Seller with respect to any goods which art the Sellers standard stock. No such lamination shall relieve the Purchaser err the Seller of my of be,, obligations as to any fund delivered hereunder. ). CLAIMS FOR ADJUSTMENT. Any claim for adjustment most Ire assured within thirty (30) days from the dale the change or nomination is emceed. 8. COMPLIANCE WITH LAW. The Seller warrants tar all goads sold hereunder shall have been Produced, said, delivered and fumuhed in soiet compliance with all applicable laws and regulations to which the goads are subject. The Sella shall execute and deliver such documents u may be required to effect or evidence compliance. All laws and regulation "bred to be incorporated in agreements of fis character are hereby renominated herein by this reference. The Sella agrees to indemnify real hold be Purchaser han less fmm all sorts and damages suRered by the Purchaser ss a result unfair Sellers failure to comply wih such law. 9. ASSIGNMENT. Natha party shall assign, namfer, or convey his order, or my monies doe or to become due hereunder whom the prior warm cement infuse other party. 10. TITLE. The Seller warrants full, clear and mresmcted title to the Purchaser for at I ex ripment materials, and items famished in performance of this agreement, free and clear of any and all liens, resnicribe. reservations, security indexes, encumbrances it claims of ordo— I L NONWAIVER. Failure of she Palohaser to insist upon stria performance of he terms and conditions hertaE failure or delay to y rights or remrdies provided Famous or in by I.failure m promptly notify the Sella in the evem of a breach, any accepance ofar payment for goods hereunder or approval ofthe design, shall not aleae the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any tight of the purchaser to ia¢t upon strict Performance hero for any of its rights or mnedies as to my such goods, regardless of ohm shipped, received or acceptor, as to any prior or subsequent default hereunder, nor shall any purposed col modification or rescission of this purchase order by the Purchaser operate ne a waiver of my of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual e o is practice, overcharges resulting from cannot violations are in fact bome by the Purchase, nactchre,foor good cause and as consideration for executing this purch:ue order, the Seller hereby cosigns to he Purchaser any and all claims it may now have or hereafter acquired under found or state antitrust laws for such overcharges relating to the particular goods or senica purchased or ea ideal by the Purchases pursuam to this purchase ouch. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Iffe Puahasa directs the Seller to correct nonconforming or defective goods by a dare to be agreed upon by the Purchaser and the Sella, and be Sella thereafter indicates its iwbilme or unwillingness to comply, the Purchaser may rouse the work to be performed by the most expeditious mean available to it, and the Seller shall pay all wars swaooiaud with such work. The Seller shall release the Purchaser and its contacmrs of any tiff f en all liability and claims of any nature ,washing form the perfamtanee of such work. This release shall apply even in the event of fault of negligence of the party referred and shall extend in the directors, officers and employees of suet parry. The Sellers contractual obligations, including warranty, shall not be droned to be reduced, in any way, because such work is performed or caused to be performed by the P... lem r. 14. PATENTS. Whenever the Sella is required to two any design, dnire, matmal or powers covered by letter, parent, uademad or copyright, the Seller shall indemnify and save harmless be Purchaser form my and all claims for infringement by reason of the use of such patented design, device, material or process in connection with be crowded, and shall indemnify the Purchmer for any cat expense or damage which it may be obliged to pay by reason of such infringement at any time confine the pmmantion or after be compinim of the work. In case said tgttipmmq or any pan thereof or be intended me of the goad, is fo such suit held in comtiNee m1mr emeo and the use of said equipment or pan is enjoined, be Sella shall, at its own expense anal at its option, either procure for the Purchaser the fight to continue using mid equipment or pans, replace the same with submentially egml but noninfringing aluipmem, or modify it m it becomes noninfringing. 15. INSOLVENCY. If the Seller shall became insolvent or bankmpt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this over may forthwith be canceled by the Purchrea without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation ofthe agreement and the rights of all parties hereunder shall be amounted under and meared by the lawn ofthe Stare of Colomdo, USA. The following Additional Condition apply only in cases where the Sella is to perform work hereunder, including the sm'ics of Sellers Reprexenadmob), fin ore premiss of others. .. ❑. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk unit] be same u fully completed and trampled, and shall, rose of any accident, denmctian or injury on the wfd, andror doom i ils before Sellefs foal wmphrom and accepan e, complehe the work or Sellers own expene and to the satisfaction of the Purchaser. When mmmod, and aryipment are famished by others for installation or erection by the Seller, use Seller shall receive, afraid, stare and handle same at the site and become responsible therefor ss though such materials met equipment were being famished by the Sella under the order. 18. INSURANCE. The Seller shall, fit his own expense, provide for the payment of workers compensation, including occupational disease benefit, to its employees employed on or in connection with the work severe) by this purchase order, .&i na their dependents in acemdamee with he laws of the sate in which the work is to be, done. The Seller alcul also cant' comprehensive formal liability including, but not limited to, commetwl and automobile public liability in mole with IWily injury and death limin, of at ]cost 900,000 for any one person. SuesCM for any one accident sort property damage hour Per accident of S40D,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his employees shall nd my work upon the premises of ohers, the Seller shall famish the Purch,N with a mnificam but such wraparound and insurance have been provided. Such combicatea shall specify the date what such compensation and imwence have been provided. Such cenifrats shall specify the dam when such compensation and importance expires. The Seller agrees that such compensation and ieaamce shall be prom ai d until mw to moire work is completed and acceptor. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes foe entire responsibility and liability for any and all damage, loss or injury of any kind r ware whatsoever to persons or property, Gamed by or resulting from be execution ofthe work provided for in fix purchase order or in connection herewuh. The Sella will indemnify and hold hamarss the Purchaser and any r all of the Proclaims mT,,as, agent, and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by rason of any act action, neglect, omission or default on the an of the Selleq any of his commctors, or my of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be bought against to Purchaser, or its officers, agents or employees at any time on account or by reason of any azt, action, neglat, emission or default of foe Seller offer, of his contactors or my of its or their officers, agents or employees as aforesaid, use Sella hereby agrees to assume the defene thereof and to deferad be sane at the Sellers own expctase. m pay any and all costs, elearges, attorneys firs and he, expenses, any and all jndgmenit Bar may be incurred by or obaind again, the Pmchuer or any of its or their nihcers, agents or employees in such suits or other prxediag, and an cue judgment or other lien be placed upon or abaiaed against be property ofthe Purchaser, or said panic in or as a result of much suits or other proceedings, use Sella will at once cauu use same a her dissolved and dised algd by giving bond or ohervnse. The Sella and his connacmer shall rake all safely Procedures, famish and imull all grounds necessary for the prevention of accidents, comply wif all laws and regulation with regard in safety including, but without founded, the Occupational Safety and Health Act of 1970 and all rules cad regulation issued parmam tereto. Revised 07n014