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HomeMy WebLinkAbout492235 ALISON DICKSON FINE ART - PURCHASE ORDER - 9144582Fort Collins Date: 08/11/2014 Vendor: 492235 ALISON DICKSON FINE ART 1325 W MOUNTAIN AVE FORT COLLINS CO 80521 PO Number Page 9144582 1 1of2 This number must appear on all invoices, packing slips 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 1 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 1 LOT LS 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 statute the City of Too Collins is exempt from sure and local taxes. Our Exemptionbhustm e, 11. NONWAIVER. 98-0cl Federal Excise Tax Exemption Cenificam of Registry, 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict peolmmarom of the tomes and conditions heeoL failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Sou[r, 1973, Chapter 39-26, 114 (a), exercise any rights or remedies provided herein or by law, failure to formally notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not former the Sel let of Goods Rejected. GOODS REJECTED due to failure to meet warm rcations, 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 umoih maybe returned to you for credo and arc rim I. be replaced except upon receipt of women Purchaser to insist upon strict performance herenfor any of its rights or remedies. to any such goods, regardless instructions from the City of pan Collins. of when shipped, received Or accepted, as to any prior or subsequent default hereunder, nor, shall any purported am[ modification or rescission of this purchase order by the Purchaser operate as a waiver of my of the team Imposition. GOODS arc subject to the City of Fan Collins inspection on arrival. hereof. Final Acceptance. Receipt of elm merchandise, scrvicms or equipment in response to this order can r.mr in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authoriaN payment on the pan of the City of Poo Collins. However, it is to be stalemated that FINAL Seller and the Purchaser recognize that in .ram ceis ppactim, o,,mM gas resulting from It., ACCEPTANCE is dependent upon completion Of all applicable required inspection procedures. violations are in fact home by the Purchaser. Theemfore, for good cause and. consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.OTs., Ciry Of Fon Collins, 700 Wood St, Too Collins, CO 80522, unless otherwise specified w this order. If permission is given to prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have demanding points in various parts ofthe country, shipment is expected from the nearest distribution palm to destination, and excess f eght will be dducted from Invoice when shipments arc made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and liceroes required by all applicable lax,, regulations, nrdiwnces and rules of the some, comicipaliry, enlmry or political subdivision when the wort: is performed, or required by any other duly copolouted public authority havingjmisdiction over the work ol'veadia. Seller funhr ugc n to hold the City of Fort Collins hamrless from and against all liability and loss incurred by (bear by reason .f on .,cited in established vialmian of any such laws regulations, indicators, roles and requirement,. Amm ination. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and complete whiny la bind said ponies. LIMITATION OF TERMS. This Purchase Omer expressly limits acceptance a the terms and condition stated hein for ford and any supplementary ar additional comes and conditions awexed hereto or incorporated herein by references Any additional or different erms and condition proposed by seller are objected to and hereby jemed. 3. DELIVERY, PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment m amve an your promised delivery date as noted. Time is ofthe essence. Delivery and performance must be effected within the time stated ,a the purchase order and me documents whehed hereto. No acts ofthe Purcha r,, including, without limitation, weepurnce of paninl late deliveries, shall operate its a waiver affix provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of deoys due to causes not easonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts ofGod, acts trend or military authonfies, gmanmenul priorities fires, stokes Hood, epidemics, wars in dots provided thal..,are of the conditions camong such delay is given 1. the Purchases within five (5) days of the time when the Seller first received knowledge Neeot In the event of any such delay, the dam of delivery, shall be emended for the period ryual ra the time actually lost by rwson ofthe delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this order will conomr with applicable drawings specifications, samples ande, other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature- The Seller agrees no hold the purchaser harmless from any loss, damage or expense which the Franchiser may suffer or incur on account ofthe Sellers breach of wamanry. The Seller shall eplae, repair or make good, without con to me purchaser, any defects or faults wising within one (1) year or within such longer pmod of time as may be wascnaed by law or by the forms ofany applicable sompanry provided by the Seller after the dam of acceptance ofthe good frmishcd remainder (accepance not to be unreasonably delayed), resulting f imperfect or defective work done or materials fonished by the Seller. Acceptance or use of goods by the pancreatic shall not ontiture a waiver of any claim under this warranty. Except as ofemise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach Of any of the foregoing waeamies a......tees, bur such liability shall in no event include loss of profits or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The P.mhmm may rake chim cuto lUE1 terms by wane. change order S. CHANGES IN COMMERCIAL TERMS. The Prommo a may make any changes to the leans, other than legal term., including additiom to or deletions tram the quantities originally oNeml in the specincatiom or drewin ui, by verbal or written change under. If any such change affects the amount due m the time ofpedormance hereunder. an equitable ad eracro t shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change m6c, acrionme this agreement as to any or all portions of the goods then not 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 fur any claims for anticipated Profits rat the wemnpleled portion of be good andor work, for incidental or consequential damages, and that no such adjustment be made in favor ofthe Seller with respect to any good which are the Sellers sundered stock. No such tertniation shall relieve the Pardoner or the Seller ofany, of their obligation as to any good delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adju dmmt mast be asserted wihin bitty (30) day, [man the date be change on temparaw on is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all gaud sold hereunder slot] have been produced, said, delivered and finished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required to eRecr or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Prolumer barriers fmm all costs and damages suffered by the Purchaser as a result of the Sellers faihm in comply with such law. 9. ASSIGNMENT. Neither putt' shall assign, manger, or convey this order, at soy moniea due or to become due hcewdo without be prior written consent ofthe other party. 10. TITLE. The So ley warrants full, clear and unumbered title to the Purchaser far all equipment, materials, and items mmished in perfamlwce of this agreement, free and clear of any and all lien, restrictions, reservations, security interest mcumbewca and claims of others. acquired under federal or ,are antitrust laws for such overcharges relating 1. the paffect., goods or services purchased or acquired by the Purchaser purrs n d to this purchase order. 13. FORCE LASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goad by a date m be agreed upon by the Purchavtt and the Seller, and the Seller thereafter indicates its iabiliry or unwillingness to comply, the Purchaser may cause the work of be pnfarmed by the most expeditious means asuitable of it, and the Seller shall pay all rests associated wim such work. The Seller shall release be Pwchom and its cont.mors of any her from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall smad to the diacums, officer, and employee, ofauch piny. The Sellers contractual obligations, including warranty, shall not be dttmed to be reduced, in any way, because such work is performed or caused to be performed by she Purchaser. 14. PATENTS. Whenever me Seller is requited to sea any design, device, material or process covered by letter, patent, uaJrnark mr copyright, the Seller shall indemnify and s., harmless the Purchaser from any arq all claims for infdngeman by mason of the use of such patented design, device, material or process in connection with the compact and shall indemnify the Furch.cr for any cost, expene or damage which if may be obliged of pay by mason of such of urgement at any time during the prosecution or after the completion of the work. In case said equipment, or any part thereof or the Intended use of the good,, is in such soil held to consumer monument and be use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the nghs to continue using said equipment or parts, replace the same with substantially equal but naninGnging equipment, or modify it so it becomes mo nGnging. 15. INSOLVENCY. If the Seller shall become insolvent or baNrvpt, make an assignment for the benefit Of crefu s, appoint a receiver or prove for any of be Sellers property or bainess, this order may forthwith be canceled by the Promises.witbom liabiliry. 16. GOVERNING LAW. The dclunions of amens used or the ilnerpre.tim ofthe agreement and the rights of all ponies hereunder shall be constmed under and govemed by the Laws ofthe State of Colorado, USA, The following Additional Conditions apply only in cases where the Seller is to preform work hereunder, including the services of Sellers Representation), an the premises urethras. IT. SELLERS RESPONSIBILITY. The Seller shall cony, not said Work set Sellers own risk until the same is fully completed and accepted, and shall, case of any accident destruction or injury n the work Pori maenads were Sellers fiat compleio o and acceptance, complete the work at Sellers own expense and n be satisfaction ofthe Precedence, When materials and equipment are mortified by others for installation or erection by the Seller, the Seller shall receive, unload, same end handle same at the site and become rapomm a there(r as though such materials and/or equipment were being famished by the Seller under the under. ... 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefice, to its employees employed on or in connection with be work covered by this purchase order, and/or to their dependents in accordance with the laws of TM1e state in which the work is to be done. The Seller shall also carry compreheniw general liability including, but act limited m, continental and automobile public liability insurance wim bodily injury and demb limits of ar from 900,00to for any one person, SSW." for any one accident and property damage limit per accident of $400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and instrounce. Deforc any of the Sellers or his contractors employees shall du any work upon the premises of others, the Seller shall famish the Puehaer with a cenificate that such compensation and insurance have been provided. Such cenificate, shall specify he one when such compensation and inuc4nce have been provided. Such certificates shall specify the date when such compensation and mostrain. expires. The Seller agrees flea such compensation and insurance shall be maintained until alter the entire work Is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hreby assure. the entice reaponibiliry and liability for any aM all damage, loss or injury ofany kind or awe al a agever to persons or property caused by or resulting from me, execution ofthe work provided for in this pursbase order or in connection berewift. The Seller will immunity and hold harmless dte Purchaser and any or all of be Purchaers officers, agents and employees firm and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or properly to which the Pumhasr may be put or subject by reason of any act, action, neglect, omission or default on be pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any snit or other praceedings shall be brought against he Purchaser, or its officers, agents or employees at any time on account ,, by reason of any act, action, neglect, omission or default of the Seller of any of his commearrs or any of its or their oRcers, agents or employees as oforexi id, me Seller hereby agrees to some be defense mrcof and to defend the same at be Sellers own expense, m pay any and all costs, charges, attorneys fees and other expanses, any and all judgmrnts but maybe incurred by or obtained against dte Pueherser in any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or offer lien be placed upon or obtained againt the proper offe Purchaser, or said parties in err as a actin, afsuch suits or other proceedings, be Seller will at once carve the same to be dissolved it dischmgmd by giving bond or omeruise. The Seller and his contractors shall take all safety precaution, famish and intall all dumb, necessary for the prevention of accidents, comply with all laws and regulation with regain to safety including, but u,bear foramina, the Occupational Safety and Health Act of 1970 no all rates and regulations issued pursuantthereto. Revised 07n014