HomeMy WebLinkAbout461366 LISA J CAMERON ARTWORKS LLC - PURCHASE ORDER - 9144753PO
PURCHASE ORDER 914475er Page
CI�/ of PURCHASE
97 44753 1 of 2
Flirt Collins
This number must pac ppear
/�„�.\�,/`I ` V on all invoices, packing
sli s and labels.
Date: 08/15/2014
Vendor: 461366
LISA J CAMERON ARTWORKS LLC
4524 SKYLINE DR
FORT COLLINS CO 80526-4713
Ship To: LINCOLN CENTER
CITY OF FORT COLLINS
417 W MAGNOLIA
FORT COLLINS CO 80521
Delivery Date: 08/15/2014 Buyer: PAUL, GERRY
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
APP Transformer Cabinet 2014 1 LOT LS 2,485.00
Pay terms net 30 days
Invoice Address:
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.com PO BOX 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
Page 2 of 2
L COMMERCIALDETAILS.
Tax exemptions. By sdamre the Ciry of Fan Collin u exempt from state end fowl taxes.0ur Emmption Number u
11. NONWAR'ER.
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of
Failure of the Purchaser to insist upon strict performance of the terms am conditions harm!, failure or delay to
Internal Revenue, Denver, Colorado (Rep Colorado Revised Statutes 1973, Chapter 39-26,114 (a).
exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
breach, the acceptance of or payment for goods hereunder or appmval of tie design, shall not release the Seller of
Goods Rejected, GOODS REJECTED due to failure,. men specifications, either whm shipped or due to defects of
any of the warranties or obligations of this purchase order and shall sot be deemed a waiver ofany right of the
damage in m nit, may be reamed so you for credit and now ,rat to be replaced except upon receipt of woman
purchaser to insist upon most pert race lermf or my of its rights or remedies as to any such goods, regardless
instructions from the Ciry of Fort Collins.
of when shipped, mecived or accepted, as to any prior or subsequent default hereuadn, nor shall any purported
oral modification or rescission of this pumbam order by the Purchaser operate as a waiver of any of the terms
Inspection. GOODS are subject to the City of Fort Collins inspection on arrival
hereof.
Fowl Acceptance. Receipt of the merchandise, service, m equipment in rmponee m this order can recoil w
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment an me pan of the City of Fort Collins. However, it u or be mdestood that FINAL
Seller and the Purchaser recognize that in actual n it practice, overcharges resulting from antitrust
ACCEPTANCE is dependent upon completion of all applicable required inspection Imitations.
violations are in fact home by the Purchaser. Thcretofonenomfor good came and as comideation for executing this
purchase order, the Seller hereby resigns to the Purchaser any and all claims it may now have or hereafter
Freight Terms. Shipments must be F.O.B., City of Pon Collins, 900 Wood St., Fun Collins, CO 80522, unless
acquired under federal or state national laws for such overcharges relating to the particular goods or survives
anenwiu spmi0ed on this order. If permission is given m prepay freight and charge separately, the original freight
purchmed or acquired by the Pumhmer pursuant to this purchase order.
bill mom accompany invoice. Additional charges far packing will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacturers have dostdbuting points in various pans of the country, shipment is
If the Purehm, directs the Seller,,torten nonconforming or defective goods by a date m be a greed upon by the
expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when
Pardtaser and the Seller, and the Seller thereafter indicates its inability or unwillingness m comply, the Purchaser
shipments ore made fmm greater distance.
may cause the work to be perforated by the most expeditious means available to it, and the Seller shall Pay all
toss associated with such work.
Pamir. Sella shall procure at sellers sole cent all necessary pemirs, eenifcates and it.. required by all
applicable laws, regulations, ordinances and rates ofthe state, municipality, temtory or political subdivision where
the work is performed, in required by any color duly constituted public authority having lanaliction over the work
of vendor. Seller further agrees to hold the City if For Collins harmless from and against all liability and lass
neurred by them by reason of an mserad or established violation of any such laws, regulations, ordirsences, rates
and requirements.
Authorization. All parties to this tartan agree that he one resanatives or in hin, born fide and possess full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance m the terms sod conditions stated
herein eel forth and any supplementary or additional tennis and conditions armeaed hereto or incorporated hereon by
reference. Any additional or differmt terns and conditions proposed by seller art objected to and hereby rejected.
2. DELIVERY.
PLEASE. ADVISE PURCHASING AGENT immediately if you mmm make complete shipment m rotor on your
promised delivery Jade as noted. Time is of the essence. Delivery and parfonnmse mud, be a@cad wind. the time
stated on the purchase order and tie documents attached hemo. No acts of the Purchasers including, without
limitation, acceptance ofpmial late deliveries, shall operate as a vem,, ofais provision. In he event of any delay,
the Purchaser shall have, on addition m other legal and equitable remedies, the option ofplacing this order elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays
due to causes not reasonably foreseerle which are beyond is reasonable control and without is fault of negligence,
such acts of Gad, ass ofavil or military authoritim, governmental priorities, fires. strikes, flood, epidemics, wars or
dots provided that notice of the conditions causing such delay is given to the Purchase, within five (5) days of the
time when the Seller first received knowledge thereof. In the even, of any such delay, the dude of delivery shall be
extended for tie period equal to the time actually lost by reason of the delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order will conform won applicable
drawings, specifications, samples and/or other desadploofu given, will be fit for the purposes intended, and
perforated with the highest degree of care and comparator, in accordance with accepted standards for work of a
similar nature. The Sell, agrees m hold the purcfina hamnless from any lass, damage or expens which me
Purchaser may sdTer ar wear on account of the Sellers breach of w..I. The Sell, shall replace, repair, or make
good, without cast m the purchamq any defects or faults arising within one (I) year or within such longer period of
time as may be prescribed by law or by me terns of any applicable warranty provided by the Sell, after the date of
acceptance of the goads f fished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect
or defective work done or materials famished by the Seller. Acceptance or use of goods by tie Purchaser shall not
institute a waiver of my claim undo this warranty. Except as otherwise provided in this purchase enter, the Sellers
liability hereunder shall extend to all damages presimably mused by the brmch of tiny of the foregoing wamntics
or gmor roves, but such liability shall in no event include loss cut rodfils or lass of sew. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchour may make changes to legal teen by wrinrn change order
S. CHANGES IN COMMERCIAL TERMS.
The Purchaser any nuke any changes m the rams, other than legal rams, including additions to or deletions fmm
the quantities originally ordered in the spnificatiom or drawings, by verbal or written change order. If my such
change aliens the amount due or Its, time of,abornme, horeumfn, an equitable adjmtment shall be mode.
6. TERMINATIONS.
The Purchaser may at any time by written change seder, terminate this agreement as to any or all portions of the
goads then at shipped, subject m any equitable adjustment bnween the parties as to my weak or materials then in
progress provided that the Purchmer shall not be liable for my claims for anticipated profits on the menumicted
Portion of me goods mdor wad, for incidenml or consequential damages, and drop no such adjmnoenl be made in
favor of the Seller with respect many goods which are the Sellers standard stock. No such termination shall relieve
the Poel aser err the Seller fany of their obligations as to any goods delivered herewder.
T CLAIMS FOR ADJUSTMENT.
Any claim for adjutmew most be asserted within thorny (30) days from the dote the change or repudiation is
indicted.
S. COMPLIANCE WITH LAW.
The Seller warrants that all geodd sold hereunder shall have been produced, sold, delivered and furnished in strict
wmpliance with all applicable laws and regulations 0 which the goods arc subject. The Seller shall execute and
deliver such documents as may be required to effect on evidence compliance. All laws and regulations required to be
incorporated in agreements of this character art hereby incorporated herein by this reference. The Sella agme, to
indemnify and hold the Purchaser hmmtless from all costs and damages su@col by the Perelman as a result of the
Sellers failme to comply with such law.
9. ASSIGNMENT.
Neither pry shall assign, o-emfer, in convey this order, in my monies due or to became due hereunder without the
prior xram consent afthe main party.
10. TITLE.
The Sella warrants full, clear and unrestricted fill, to the Purchaser for all equipment, mmeriala, and items fumishad
in performr a of this Vocational, free and clear of any trod all lima, restrictions, monvarions. security interest
mcumbmncesand claims of oaers.
The Seller shall release the Purchaser and its contractors of any liar from all liability and claims of any nature
resulting fmm the performance ofsuch work.
This release shall apply even in the evenl of fuel, of nedigmce of the party relemcd aM shall extend to Ne
directors. officers and employees ofsuch party.
The Setters contractual obligations, including warrunry, shall not be deemed to be reduced, in any way, because
such wink is performed m caved ti be performed by the Purchaser.
14. PATENTS.
Whenever me Seller is natural to use my design. device, material or process covered by letter, polar, trademark
or copyright, the Set let shall indemnify and save harmless the Purchaser fmm 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 the Pumhzsr, for any cost, expense or damage which it may be obliged to pay by reason ofsuch
mfin,emmt a, any time dung ,be prosecution or after the completion of the work. in case mid equipmem. or
my pan thereof or the intended see of the goods, is in such suit held in conammte infringement and tie use of
said equipment or pan is enjoined, the Seller shall, at its own expense and at is option, either promre for the
Purchaser the right to continue using said muipmem or pans, replace the some with substantially qml but
noninfringing equipment, or modify it so it becomes noninfringing.
15. INSOLVENCY.
If the Sell, shall become insolvent or baMmp , make an assignment for me bmefit of creditors, appoint a
or trustee for y of the Sellers property or business, this order may forthwith he canceled by the
Pvaan
hmer wirmor liability.
16. GOVERNING LAW.
The definitions of terms used or the interpretation ofthe agreement and 6e rights of all parties hereunder shall be
command under and governed by tie taus of tie Sere ofC.I..&, USA.
The following Additional Conditions apply only in cases where the Seller is to Perform work hereunder,
including the services of Sellers Represnmtive(s). on the premises ofothers. _
17. SELLERS RESPONSIBILITY.
The Sella shall a" on said work at Seller's own risk until the same is fully completed and accepted, and shall,
in se of any accident, destruction or injury tome work antilor materials before Sellers Final completion and
acceptance, complete the work at Scllces own expense mad to the satisfaction of the Purchaser. When materials
and equipment are famished by others for installation or erection by the Sella, the Sella shall receive, unload,
store and handle same at the site and become responsible therefor as though such materials andor equipment
w,e being furnished by the Seller under the order.
18. INSURANCE.
The Sell, shall, a, his own expense, provide for the payment of workers compensation, including occu"imem
disease benefits, to its employees employed on or in estimation with the wad rovnM by this purchase order,
anrVor to their dependents in accordance with the laws of the state in which the wod, is to be done. The Sella
shall also carry comprehensive general liability including, bra our limited to, —covemol and automobile public
liability Imurrmce with bodily injury and death limits of at lent S300,000 far any one person, S500,IXq for my
one occident and pVcmr damage limit per accident of S400,000. The Sella shall likewise require his
cemracrors, 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 Seller shall furnish the Purchaser with a certificme
that such compensation and insurance have been provided Such c ndifintes sMll specify he date when such
not scroun n and insurance have been provided. Such certificates shall specify the date when such compensation
and insurance expire. The Seller agrees that such compensation and insurance shall be maintained until after ere
entire wad or completed and incepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes be alire respmsobil try and liability for any and all damage, loss or injury of any kind
or metre whatsoever to person or property caused by or resulting from tie execution of me work provided for in
this purelesse, other or in mmcction fierewiN. The Sella will maturity and hold larmless the purchaser and my
in all of the Purchasers officers, agents out employees from and against any cad all claims, losses, damages,
charges or expenses, whether direct or iadirect. and whether on persons or xmpar, to which the punhsser may
be put or subject by reason of any act, action, neglect, omission or default on the pan of the Sella, any of his
contractors, or any of the Sellers or emoncturs officers, agents or employees. In case my suit a other
proceedings shall be brought against the Purchaset or its officers, agents or employees at my time on account or
by reason of my act, urn, neglect, omission or default of the Seller of my of his commas. of any of its or
their officers, agents a employees as aforesaid, tie Seller hereby agrees to assume me defense thereof aml to
defend the same at the Sellers own expense, to pay my and all toss, charges, anonfi s fees and over expenses,
any and all judgments that may be incurred by or obtained eguimil the Purchaser or my of is or their o ivers,
agents or employees in such suits or other procedings, and in case judgment or other Jim be placed upon or
obtained against the pmpe ty of the Proulaces, or said pries in or as a result of such suits or other proceedings,
the Seller will in once sous the smrc to be dissolved and discharged by giving bond or otherwise. The Sella and
his contractors shall take all safety precautions, famish and immll all guards necessary for the pm'cnlion of
accidents, comply with all laws and regulations with regard to safety including, but without limitation, the
Contraband Safety end Health Act of 1970 and all ales and regulations issued pursuant Neon..
Revised 07Q014