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HomeMy WebLinkAbout492194 MCMURALS INC - PURCHASE ORDER - 9144579Fort Collins Date: 08/11 /2014 Vendor: 492194 MCMURALS INC 223 N MELDRUM FORT COLLINS CO 80521 PURCHASE ORDER PO Number Page 9144579 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: LINCOLN CENTER CITY OF FORT COLLINS 417 W MAGNOLIA FORT COLLINS CO 80521 Delivery Date: 08/11/2014 Buyer: PAUL, GERRY Note: Line Description Quantity UOM Unit Price Extended Ordered Price I APP Transformer Cabinet 2014 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 2,182.00 182.00 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. COMMERCIALDETAIIS. Tax exemptions By statute the City of Fan Collins 6 exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Cenificme of Registry 84-6000587 is registe d with the Collecm, of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1923, Chapter 39-26, 114 (a). Goods Rgecteh GOODS REJECTED due to failure to meet spmillptime, either when shipped or due to defects of damage in tmnsih may be retained m you for credit and are not m be replied except upon receipt of vomn instructions from the City of Fan Collins. Inspection. GOODS are subject o the City of Fan Collins inspection on arrird. Final Acceptance. Receipt of the me¢haMise, services or equipment in mpome to this order can result in authorized payment on the pan of the City of F. Collins. However, it is to no andeTood that FINAL ACCEPTANCE is dependent upon completion of all applicable original inspection procedures. Freight Terms Shipments must be TO City of For Collins, 700 Wood Se. Fora Collins, CO 80522. unless otherwise specified con this order. If permission is given to prepay freight and charge sepamely, the original freight WE muss accompany invoice. Additional charges far packing oil I not be accepted. Shipment Distance. Where manufacturers have distributing Points in various pans of the country, shipment is expected from the normal distribution point in destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary c mils, car ificion and licenses requid by all applicable laws, regulation, ordinances and roles of the mile, municipality, temtary or political subdivision where the work is performed, or obtaid by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fan Collins harmless from and against all liability and lass incurred by them by reason of an asserted or established violation of my such laws, regulations, ordinances, mas and requirements. Audriznfion. All panics to This contract agree that the represenlativn are, in fact, bona fide and possess fall and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditimss stated herein set forth and any supplementary or additional mans and conditions annexed hereto or incorporated herein by reference. Any additional or diffacnt terms and condiuom propued by seller are objected to and hereby injected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immedimely ifyou cannot make complete shipment I. arrive an your promised delivery date as noted Time is ofthe clients. Delivery and performance most be effected within the time stated on the purchase order and the documents attached harem. No acts of the Purchasers including, without limitation, acceptance mpartial late deliveries, shall operate as a waiver of this provision. In the event of ony delay, the Purchaser shall base, in oklo on hs other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable far dimnges. However, the Seller shall not be liable for damages as u result Of delays due m causes not reasonably foreseeable which are beyond its reasonable control and wiNwt its fault of negligence, such acts of God, acts of civil or military authodlies, governmental priorities, Tres, strikes, fitted, epidemics, wors or riots provided that notice of the conditions cousin, such delay is given to the Purchaser within five (5) days of the time when the Seller fins received knowledge thereof In the event of any such delay, the dam of delivery shall be exte sled for the pared actual to the time actually lost by reason of the delay. 3. WARRANTY. The Seller storages that all goods, articles, cra eriak and work coved by this order will conform wi$ applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and Performed with the highest degree of cam and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cast to the purchase, any defects or faults nosing within one (1) year or within such longer period of time as may be prescribed by Iaw or by the terror afary applicable wane dy provided by the Seller after the date of acceptance ofthe good famished hereunder (mttptmtt not to be, presumably delayed), resulting from imperfect Or deference work done or minerals furnished by the Sella. Acceptance or use of goods by the Purchaser shall ran constitute a waiver of any claim under this wrranry. ExmRI ss otherwise provided in this pumhase order, the Sella liability hereunder shall extend to all damages proximately couxd by the breach army of the Romping warranties 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 terms by written change other.' 5. CI IANDES IN COMMERCIAL TERMS. The Purchaser easy make any charges to the corms, other than legal terms Including additions to or deletions from the quantities originally ordered in the specifcarmaw or drawirip, by verbal or —aften chaage order. If any such change off cw Ne amount due m the time ofpedmmame hereundeg an equitable adjustment shall be made. &TERMINATIONS. The Purchaser may at any time by wrinen change order, momentum this agreement as to any or all portions of the good then trot shipped, subject to any equitable adjustment between the parties 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 uncompleted potion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchuser or the Seller crony of their obligations as m any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is Ordered. g. COMPLIANCE xVH H LAW. The Sella wgnsats Nat all good sold hmundrr shall have been pdueed, sold, delivered ape Browned in strict compliance with all applicable leas and regulations to which the goad are subject. The Seller shall execute and deliver such documents as may be occurred to effect or evidence compliance. All laws and regulations required to he incorporated in agreements of this chmana are thereby fi copomted herein by this reference. The Seller agrees m indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purcbmes as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due haeund<r without the prior woman consent of the other party. m.TITLE. The Seller warrants full, clan and committed Nle to Be, Purchaser for all equipment materials, and it. famished in perfiroccuum of this agreement, free and clear of any and all liens, ravictiatts, ru matiom, sauriry interest encumbrances and claims fothers. I I. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to exercise any rights or remin remedies provided hereor by law, failure m promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval ofthe design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waive( of any right of the purchaser to insist upon strict perfiama ce hamofor any of its rights or ranedies ea to any such goods, regaNlns of when shipped, received or accepted, as I. any prior or subsequent default hereunder, nor shall any pufoed am[ modification or rescission of this purchase order by the Purchaser opemte as a waiver of any of the teirns hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser rxagnve that in actual ecormmic practice, overcharges resulting f antitrust violations arc in fact home by the Pardoner. Theretofore, for good cons, and as consideration for executing this Purchase mdm the Seller hereby assigns to the Purchaser any and all claims it may vow have or thereafier acquired under federal of since antitrust laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. tribe Purchaser directs the Seiler to correct nonconforming or defective goods by a date to be agreed upon by the Purchase, and the Seller, and die Seller thareafter indicates its inabildy or unwillingness m comply, the Purchases may cause the work to be performed by the most expeditions means available to it, and the Seller shall pay all costs associmed with such work. The Seller shall releme the purchaser and its prom xors of any tier from all liability and claims of any wture resulting win the performance of such work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, officers and employees crouch parry. The Sellers eontruumol obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is Performed of caused to be perforated by the Purchaser. 14. PATENTS. M'hanever the Seller is mpid m use any design, device, malarial or process coved by letter, parent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser form any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify die Purchaser for 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 case out equipment or any pan thereof or the intended use of the Soots, is In such snit held to constitute Infringement and the use of said equipment in pan is enjoined, the Serer shall, at its a— experts, and at its arms, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially ryml but naninl'r aging cquipmnn, or modify it sa it becomes ooninfiinging. 15. INSOLVENCY. If the Seller shall became insolvent or bankrupt, make an assignment for the boacfit of creditors, appoint a mociver or trustee for any of the Sellers property or business, this order may fonhwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions criterion used m the interpretation ofthe agreement and me rights of all parries hereunder shall be construed under and governed by the laws ofthe State of Colorado, USA, The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Representative(,), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller stall arty on said work at Sellers own nsk until the same is fully completed and accepted, and shall, a. se of any accident desencom or injury to the work and/or matmals before Selle/s final completion and acceptance, complete the work at Seller's own expense and to the mtepaion of the Perwhssa. Wren materials and equipment ere burnished by others for installation or erection by the Sella, the Seller shall receive, actual, store and handle same or rise site and become responsible therefor as though such nationals and/or ryuipmmt were being Burnished by the Seller under due molar. 18. INSURANCE. The Seller shall, at his ow'n 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, and or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, bur not limited to, contractual and automobile public liability, inxmm.ee with Iwdily injury and demh limits of at favor S30n.mn Iran any one Person. SSmtonn car any one accident and properly damage limit per accident of S400,000. Ifie Seller shall likewise mature his commartars, if any, to provide for such com,picanotion and insurance. Bef any of the Sellers or his connection, employees shall do any wank upon the commes of others, the Seller shall famish the Piuchasm went a certificate Jut such compensation and insurance have barn provided. Such anifiwles shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation end insurance expires. The Seller agrees that such compe wavion and imumme shall be maintained soul after the entire walk is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller firms, assumes the entire resWnsihilily and liability far any end all damage, lass or injury pfroy kind or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchases and any r all of the Purchasers i fficm, agents and employees from and against any and all claims, losses damages, charges or expenses, whether diner or indirect, end whether to person, or property as which the Plachaser may be pat or subject by reaon of any act action, neglect, omission or default on the pan of the Seller, any rights contractors, or any of not Sellers or contractors oRcars, agents or employees. In rase any suit or other Proceedings shall be brought against the Purchssn, or its officers, agents or employees at any time em account or by reason of any act, action, neglect, omission or default of rise Seller of any of his contractors or any of its in their officers, .gems or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same of the Sella own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser 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 Purchase, or said parries in or as a result of such suits or enter proceedings, the Seller will in once cause the same to he, dissolved and duchmgd by giving bond or otherwise. The Seller and his contractors shall take all safety praautione, famish and irtsrell all Snatch necessary for the prevention of accidents, comply with all laws and regulmiom wit report to safety including, but without limitation, the OmWtlonal Safety and Health Act of 1970 and all roles and regular oar issued pursaanr tberem. Revised 07Q014