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HomeMy WebLinkAbout473775 SUSANNAH LEE FRANKLIN - PURCHASE ORDER - 9144580Fort Collins Date: 08/11/2014 Vendor: 473775 SUSANNAH LEE FRANKLIN 4000 CHERRY HILLS DR FORT COLLINS CO 80524 PURCHASE ORDER PO Number Page 9144580 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 APP Transformer Cabinet 2014 1 LOT LS 2,004.00 Total Pay terms net 30 days Invoice Address: $2,004.00 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 City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.00m PO BOX 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIALDETAILS. Tax exemptions. By stamtc the City official Collins is exempt brain state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise 1'ax Exemption Can ale., of Registry 84-6000581 is reginerd with the Collector of Failure of We Pumhuse, to imist upon soicl performance of the terms and conditions hereof. failure or delay to Interim) Became, Drover, Colorado (Ref. Colorado Revised Stations 1973, Chapter 39-26,114 (a), exercise any rights or remedies provided herein or by law, failure m promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder at approval ofthe design, shall not mleuve the Seller of Goods Rejected. GOODS REIECI'I7D due to failure m meet specifications, either when shipped or due to defects of any of the warranties Or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be reramd to you fir credit and are ram to be replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, m to any prior or subsequent default hereunder, nor shall any purported card modification or rescission or this purchase order by the Purchaser operate as a waiver of my of the tams Inspection. GOODS are subject to the City of Fart Collins inspection on arrival, hereof. Final Acce,sal Race,o of the merchandise, services, or equipment in rapome to this omen can result is 12. ASSIGNMENT OF ANTITRUST CLAIMS. auNorizd Payment on the pan of the City of Fan Collins. However, it is to be understood dun FINAL Seller and me Purchaser reaogaiu that in actual m000ac Practice, coverchargea reaching farm contrast ACCEPTANCE is dependent upon compleion of all mpplicable required inspection Prevedurts. violations are in fact home by the Pursbaser. Thereto( , for goad came and m consideration for executing this pnrchose order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Tema. Shipments must be FOR,, City of Fort Collins, 700 Wood St, Fort Collins, CO 80522, unless acquired under federal or sore aall., laws for such merebarge, relating m the particular goods or services Otherwise specified oa this aide,, Upermission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill mush wcomnanv invoice. Additional charees far oackum will not be accented. Shipment Distance. Where manufacturers hm,c disbibuting points in various pans of the country, shipmen is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made eons greater distance. Permits. Seller shall procure at sellers sole cost all necessary, permits, certificates and licenes captured by all applicable laws, regulation, ordinances and roles of the sure, municipality, territory, or political subdivision where the work is performed. or requital by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fan Collins hamdess from and against all liability am loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rates and requirements. Authorization. All parries to this contract agree that the represail Lives are, in fact, bona fide and possess Rill and complete authority to bind said panics. 1.1 OfI'ATION OF TERMS. This Purdiare Order expressly limits acceptance to the tern and conditions stated hacin set futh and any supplementary or additional terms and conditions annexed herem or incorporated hrreia by reference. Any rdditioul or different arms and conditions proposed by seller are objected to and hereby related. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as rwled. Time is of the essmre. Delivery and perfocmmrce, most be al red within the time smtd on the purchase order and the documents attached hereto. No act of the Purchasers including, without limltmion, acceptance of partial late delivmes, shall operete u a waiver of Nis provision. In the event ofany delay, the Purchaser shall have in addition Or ether legal and equitable remedies, the option of p1cin, this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a if of delays due to causes not reasonably foreseeable which are beyond its reasa cable control and without its fault of negligence, such acts of God, acts of civil or military authorities, governmental priorities, Tres, strikes flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (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 equal to the time actually last by reawn of the delay. 3. WARRANTY. Th, Seller warrants that all goad, nameless, materials arm work covered by this order will conform with applicable drawings, specification, sample,, mWor other description given, will be fit for the puryosns intended, and Performed with the highest degree of are and competence in accordarc, with accepted standards fin work of a imilar romre. The Saner agrees to bold the purchaser hamdess from any lass, damage or expense which the Purchaser may suffer or incur on account ofthe Sellers breach ofwarranry. The Seller shall replace, repair or make good, without cast to the p r chusa, any defects or (urge arising within one (I) year or within such longer paid of time as maybe transcribed by law or by the terms ofany applicable warranty provided by the Seller after the date of acceptance wits, goads handled hereunder (arrept age not to be to renwnubly delayed), matillm, from imperfect or ddeclive work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sailers liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing womantins or guammees, but such liability shall in no event include loss of profits or loss of vas. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALT. APPLY. 4. CHANGES IN LEGAL TERMS. The Purchacr may make clearap to legal tern by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the qunmines originally ordered in the specifications or drawings, by verbal or written change order. it any such change uffi cts the amount due or the time of pert ,man,, hereunder, an cgaiublc adjustment shall be mad., 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or AI portion of the goofs then not shipped, subject to any equitable adjustment between the ponies u W any work or amends then in progress provided that the Purchaser shall caw be liable fin any claims for anticipated profits on me uncompleted Petting of me goods andror work, for incidental or ecuequential damages, and that an such adjustment be Inside in favor ofthe Seller with respect to any goods which art drc Sellers staodnd nark. No such lamination shall ¢lino Ile Purchaser or We Seller ofany of their obigatom u to any goods delivered hereunder. 1. CLAIMS FOR ADJUSTMENT. Any claim for adjustment rant be asserted within thury (30) days form the date the change or lamination is ordwa L 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold delivered and famished in at compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as maybe required to effect or evidence compliance. All laws and regulations rtyuired as be incorporated in agreements of this character are hereby hrcorporated herein by this re@tram. The Seller agrees to indemnify am hold the Purchaser harmless from all costs and damages suffi red by We Purchaser u a.11 of the Sellers falureto comply with such law. 9. ASSIGNMENT. Neither parry shall assigns treater, or convey this order, or any monies due or to become due hereunder without the Pray written consent ofthe other party. 10. TITLE.. The Seller warrants full, clear and unrestricted title to the Purchaser for at I equipment, materials, and items famished in performance of this agreement, free and clear Of any and all luau, renrinion, resonation, smurity interest encumbrances and claims of omen. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If doe Purchaser directs the Seller to tared nrnconfomming or defective goods by a date 4, be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the walk to be performed by the most expeditious means available to it, and the Seller shag pay all casts micaciated with such work. The Seller shall release the franchiser and its contractors of any her Imm all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligma of the par, released and shall extend m the directors, offrm; and employees fsuch party. Ile Set lees contractual obligations, including wararmy, shall not be deemed to be reduced, in any way, because such wok is perforated or caused to be performed by the proclaim. 14. PATENTS. Whenever the Seller is captured to use any design, device. material or process rawand by letter, patent, trademark or copyright. the Seller shot] indemnify and save hannla, the purchase, fiord any and all claims for infringement by wasom of the use of such pummel design, device m demil or process in connection with the contract, and shall Idemuify the Purchaser for any cost, expense or damage which it maybe obliged to Pay by reason of such inGngement at any time during the prosecution or after the completion of the work. In cue said equipment, err any pan thereof m the intended use of the goods, is in such suit held to constitute inGmgement and the use of said equipment or part is enjoined, the Seller shall, at its own expense and m its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing NoipmenL or modify it sa n becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankropL make tan assignment far the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definition of temp used or the interpretation older agreement am the rights of all patties bereunder shall be ..it undo and penned by dry laws ofdw Scale ofColounda, USA. The following ArWitiond Condition apply only in cases where the Seller is to perform work beremder, including the services of Sellers Regresenla wasJ, oa the prcmisns ofomas. ❑. SELLERS RESPONSI BILITY. The Seller shall any oa said work at Seller's own risk until the tame is flly completed and accepted, and shall, in se of any accident, destruction or injury to the week author materials before Seller's final completion and acceptance, complete the work at Sellers awn expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle .same at the site and became tnspomible therefor as though such materials andfor equipment were being finished by the Seller order the order. 18. INSURANCE. Lou, Seller shall, al his nun expense, provide fir the NMem of workers compntsation including wcupaioral discuss benefits, to its employees employed on or in connection with the work covered by this purchase order. and/or to their dependents in accordance will the larval of me state in which the work is to be done. The Seller shall also tarty comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with las ily army and death tundras of w least S300,000 for my one person, $500.000 for any one accident and property damage limit per accident of $400,000. The Seller shall likewise require his contractors, if any, or provide for suet, compensation and insttmace. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided Such eer ieate,, shall spwify the date whet such compensation and insurance have been provided. Such certificates shall specify the dale when such compensation and irssumnce expires. The Suter a8rees But such compensation and insurance shah be mainmincd and after the mine were is rnmpleed aM accepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby associates the entire responsibility and liability for any anal all damage, loss or injury ofany kind or nature whatsoever to person or property shad by or resulting from the execution of the wok provided for in this purchase order or in cormection herewith. The Seller will indemnify and hold Intraday the Purchaser and any r all Of the Purchasers Officer, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect and whether to persons or propmy m which the Panama, may be at or subject by reason of my car, action, neglect, emission or default on the pan of the Seller, any of his contractors, or any of We Sellers or contractors officers, agents or employees. In case my suit or Other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reawn of any act, action, neglect, omission or default of the Seller of any of his contractors ar any of its or Wen ofl acit. agents or employees u aforesaid, the Sellef hereby agrees to assume the defense thereof and to defend the same at die Sell. cum expense, to Wy any ram all costs, chutges, runways fees and outer expenses, any mad all judgments that may be incurred by or obtained againt the Purchaser or any of its or their officers, agents or employees in such suits or older proceedings, and to case judgment or Omer lien be placed upon or Obtained again, the property ofine Purchaser, or said parties in or as a result ofsuch aria ar omcr praedmgs, the Seller will at more cause the same Or be dissolved and dischmgd by giving bond or otherwise. The Seller and his arommurs shall take all safety precaution, Famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to salary including, but without Initiation, the Occupational Safety and Health Act of 1970 and all rates and regulations issued pursuant thereto. Revised 02I2014