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HomeMy WebLinkAbout424650 DIANE FINDLEY MCLAUGHLIN - PURCHASE ORDER - 9144584Fort Collins Date: 0811112014 Vendor: 424650 DIANE FINDLEY MCLAUGHLIN 310 N SHERWOOD ST FORT COLLINS CO 80521 PURCHASE ORDER PO Number Page 9144584 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 2,534.00 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 Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com $2 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Irchase Order Terms and Conditions Page 2 of 2 L COMMERCLULDETAIIS. Tax excmptioa. By surge fire City of Fort Collier is exempt f state and local taxes. Ow Exemption Number is 98-04502. paled Excise Tax Exemption Certificate of Registry 84-6000587 ax registemf with the Collector of Intemm Revenue, Denver, Colorado (Ref. Colorado ReJ ed Statutes 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in mmir, may be returned to you for credit and are not to be replaced except upon mecipt of written innmcome, from the Ciry of Fun Collins. Impaction. GOODS are subject to the City current Collins inspection on arrival. Final Acceptance. Receipt of the me¢hmdise, warvili or equipment in rtspoae to this order can result in authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon rompletion of all appliable required inspection prosecutions. Freight Teram. Shipments must be F.O.D., City of Fort Collins, 700 Wood Sf., Fan Collins, CO 80522. unless otherwise specified en this arde, 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 n.... runners have distributing poims in various pans of the c angry, slumom is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall prwure at sellers sole cost all necessary permits, certificates and licenses acquired by all applicable laws, regulations, ordinances mad roles of the stale, municipality, territory or Political subdivision where the work is permitted, or required by any other duly ronsmuted public authority having jurisdiction over the work of vector. Seller further agrees to hold the City of Few Collins hdmlecs from and against all liability nand loss incurred by them by Wagon of an asserted or esablisbed violation narrow such laws, regulations, ordinances, mles and r yuimments. Authorization. All parties to this contract agree That the representatives are, in fact Each fide and possess full and complete amhoriry to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance In the terms and conditia staled herein sea forth and any supplenrtmary or additional terns and conditions annexed hereto or mearpoated herein by reference. Any additional or different terms and conditions proposed by seller art objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot rake complete shipment to active on your promised delivery date m rusted. Time is crafty asenee. Delivery and performance coma be elTe hod wihia The time sated on the purchase order and she donarene, attachN hereto. No acts of the Pumhmens including, without limitation, accordance ofremial late deliveries, shall operate as a waiver of Nis provision In the e'er of any delay, the Purchaser shall have, in addition To other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be hold, for damage, as a result of delays due m causes act newarbly foreseeable which are beyond its reasonable control and without its fault of negligence, such ace, of God, ants fcivil or milimry authorities, govemmenal priorities, fires, strikes, Rood, epidemics, wvrs or riots provided that notice of The wnttft m' causing such dairy is given to rise Purchaser within five (5) days of the time when The Seger first received knowledge thereof In The event of any such delay, the data of delivery shall be extended for The Period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, mamas, and work covered by this order will conform with applicable drawings, speaficsaiaa, samples amror other descriptions given, will he fit for the purposes intended, and performed with the highest degree of care and competence in acemdznce wish accepted standards for work of a similar nature. The Seller agrees to hold the purchaser hvmless from any loss, damage or expense which the Purchaser may suflr or incur on account ofthe Sellers breach of warranty. The Seller shall aeplae, repair or make god, without cost to she purchaser, any defers or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terra army applicable warranty provided by the Seller alter the date of cceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goads by the Purchaser shall cad constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wmnamie or guamnlees, but such liability shrill 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 wastes change order. -. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal urns, including additions to or deletions from the quantities originally ordered in the specificatimns or drawings, by verbal or change order. If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall he made. 6. TERMINATIONS. The Purchaser may at any time by written change order, amnesic this agreement as an any or all Protons of Ne goofs then not shipped, subject to my equitable adjustment between the parties as to any work or materials then in progress pmvidad that the Purchaser shall not he Inside for any claims for anticipated proia can the uncompleted Random of she goods mNor work, for incidental or co rcespo atlal damage, and that no such adjustment be made in favor ofthe Seller with raped to any goods which are the Sellers sfmdail stock. No such burnmation shall relieve the Purchaser or dire Seller ofany i f their obligations as or any goods delivered heem l 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be evened within thim (30) days from the date the change or termination is midned. 8. COMPLIANCE WITH LAW. The Seller wanants that all goods sold hereunder, shall have been produced, sold, delivered and fdaidual in stria compliance with all applicable laws and regulations to which the goods are subject The Seller shall execute and deliver such dacurmmuS as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Selltt agrees to uncleanly and hold the Forefoot harmless form all costs ors damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, wafer, or convey this order, or any monies due or to became due hereunder without the prior women consent ofthe other party. 10, TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of my and all liens, restrictions, reservation, sonnry armed encumbrances and claims of others. I I. NONWAIVER. Failure of fire Purchaser to insist upon coin performance of the Terms and conditions hereof, failure or delay to any rights or remedies provided herein or by raw, failure to promptly notify the Seller in the event of a breach. the acceptance of or payment for goods hereunder or approval it, design, shall not release the Seller of any of the wmrmoss or obligations origin purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hereof or any of its rights or remedies us to my such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purpo r d oral modification or rescission of this purchase order by the Phrchver operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and fire Purchaser recognize that in sound economic practice, overeharga resulting from antitrust violation she in fan home by foe Purchaser. Thereofore, far good cause and as consideration for executing this purchase order, the Seller hereby acsiga to the Purchaser any and all claims it may now have or hereafter acquired under federal or state antitrust laws for such overcharges relating to the panimlar goods or services purchased or acquired by the Purchaser possum, to this porch u arder. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If The Purchaser directs the Set let fir correct nanconfomring or defective goads by a date to 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 work to be performed by the most expeditious means available to it, and the Seller shall pay all cows associated with such work. The Seller shall release she Purchaser and its contractors of any tier fide all liability and claims of any acme sasulhim, rdm the perfmmarsce ofsuch work. This release shall apply e'en in the event of fault of negligence of the parry relnued and shall extend to the directors, ticers and employees crouch pony. The Seller's contractual obligations, including warromy, shall not be deemed to be reduced, in any way, because such work is performed or caused m be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Prochver from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contact. and shall indemnify the Purchaser, for any cost, expense or damage which it may be obliged us pay by reason of such infn-agemmm at any time during fine pmsmtion or after fire completion of the work. In case said equipment, or any pan therof or the handed on, of rise goods, is in such suit held of or maitute infringement and the use of mid cgor,. or p n is enjoined. the Seller slag at its own capers, and at its option, either procure for the Purchaser the right to continue using said equipment or puts, replace the same with substantially equal but normu inging cquipthent, or modify it so it becomes noninfdnging. 15. INSOLVENCY. If the Seller shall become insolvent or baMmpt, make an assignment for the benefit of creditors, appoint a receiver or trustee fin any of the Sellers property or business, this order may, forthwith be canceled by the Pmrchaser without liabiliry. 16. GOVERNING LAW. The definitions of terms used or the intermission ofthe agreement arN The rights of all parties hereunder shall be informed under and governed by the raw, of fire Sure ofColoado, USA_ The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, .].it., fie services ofSellm Repre acative(s), as mire premise ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's awn risk until the same is fully completed and accepted, and shall, in e of any accident, destruction or injury to the work sea&., materials before Seller's final rompletion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are fumished by others for installation or erection by the Seller, The Seller shall receive, induced, share and handle same at the site and become responsible therefor as though such materials and/or equipment were being famished by the Seller under the order. 18. INSURANCE. The Seger shall, am his own expense, provide for she payment of workersnaccusexamion, including occupational disease benefirs, to its employees employed on or in comecton with the work covered by this parcbase order, andlar to their dependence in accorance with the laws of the sou in which rise work is to be done. The Seller shall ale, entry comprehensive general liability including, bur not limited but conmetal and automobile public liability insurance with busily injury and death limits of at least S300OW for any cane person. $500,620 for any raw accident and property damage limit per .,Ideal of $400,000. The Seller shall likewise require his contactors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Sella shall fmish rise Purchaser with a cenificare that such compensation and insurance have been provided. Such cenifmates shall specify the date when such aompemation and insurance have becn provided. Such certificates shall specify the date when such compensation nd insurance expires. The Seiler agrees that such compe sumum and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby exasumcs rise entire responsibility and liability for any and all damage, loss or injury of any kind or mime whatsoever to persons or property caused by or resulting from me execution ofthe work provided for in this p.One. order or in connection herewith, The Seller will indemnify and hold hamslew the Purchaser and any r all of the Purchasers officers, agents and employees from and against my and all claims, losses, damages, charges rs expect whether direct or indirect, and whether to personsor property to which the Purchaser may be put orsubjectby reason of any act, action, neglect, omission or default can the pan of the Seller, any of his commemrs, ur any of the Sellers or contractors officers, agents oa employees. 1. Ove, my soil or miser proceedings shall be brought against rise Pumhaser, m its offiles, agents or employees at any time on sec.= or by reaawn of any act, action, neglect. omission m default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, fie Seller hereby agrees to acsumre the defuse thereof and to defend the same at fie Sellers owes expense, to Ray anY and all costs, charges, amomeys f«s anal oNer expenses, any and ail judgments that nay be incurred by or obtained against the Pfuchaser or my of its or limit ofiem, agents or employees in such suits or other proceedings, and in case judgment or other lien the placed upon or obtained against the property of the Purchaser, or said pries in or os a remit ofsuch suits or oNer proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, Strait and befall all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant thereto. Revised 01R014