Loading...
HomeMy WebLinkAbout336423 ADRIENNE BURKE - PURCHASE ORDER - 9144877City of �.For_t Collins Date: 0812112014 Vendor: 336423 ADRIENNE BURKE 1808 ORCHARD PLACE FORT COLLINS CO 80521 PURCHASE ORDER PO Number Page 9144877 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: 08/21/2014 Buyer: PAUL, GERRY Note: Line Description Quantity UOM Unit Price Extended Ordered Price i APP Piano Project 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 650.00 $650.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terins and Conditions Page 2 of 2 1. COMMERCIALDETAILS Tax exemptions. By statute Be City of Fan Collins is exempt from state and local loxes. Our Exemption Nomhr is I I. NONWAIVER. 98-04502. Federal Excise Tax Exemption Cenifcatc of Registry 84-6000587 is regis cred with Ne Cut,,, of Failure of Ne Purchaser to insist upon tracer peafterawasse, he toms of tand mndoiora hereof, (alum , (aluor delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised StaNtes 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided hacin or by law, failure to promptly notify the Sella in one ever of a breach, the accepmnce .far payment for goods hereunder or approval fthe design, shall not release Ne Seller Of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due In 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 uonsis, may he reemed to you for credit and are not to be replaced except upon receipt of wpm purchawr to insist upon strict performance hereofor any of as rights or remedies as to any such goads, tegaarlaw immuctimet from the City of Fort Collins. of when shipped, cariaed or rearmed, as Is any prior in subsequent default Mremder, war shall any pulponed oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terns Inspection. GOODS are subject in the City of Fan Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merefmndiw, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fon Collins. However, it is to be understood that FINAL Seller and the Tambora recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is depended upon completion of all applicable required inspection procedures. violations are in for Force by the Purchaser. Thenwfon nfw good cause and as consideration for executing this purchase Oder, the Seller hereby assigns to the Pomhazn any and all claims it may now have or banisher Freight Terms. Shipment most be FOR, City of Fan Collins, 700 Wood St., Fan Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services Otherwise specified on this order. Ifpamission is grain to prepay freight and charge win antrely, fire original freight purchased or acquired by the Purchaser pursuant to this purchase Order. hill must acenmronv invoice. Additional charne, for nations, will not bo accepted. Shipment Distance. Where menuffamers have distributing point in various pans of the country, shipmml is especial from the nearest distribution point fa dadiafioq and excess hereto will be deducted farm Invoice when shipment ore made from greater distance. Permits. Seller shall procure w sellers sole cast all necessary Permits, ccnificatcs and licemes required by all applicable laws, regulations, ordinances and roles of the smm, municipabry, ran., or political subdivision where the work is performed, or required by any other duly constituted public arability having jurisdiction over the work of vendor. Sella Thahcr alines to hold the City of Fort Collins harmless from ark e,am all inability and lass inctiond by them by mason of an asserted or established violation of any such laws, regular...., ,ri innnres, rules and requirements. Andamicia oa. All parries ro this mmme, super, that the representatives en, in fact, bow fete and possess fall and complete authority 1. bind said panics. LIMITATION OF TERMS. This Purchaw Order expressly limit acceptance to the terns and conditions stated herein set forth and any xupplawroary or additional mmrs and conditions annexed hereto Or incmpodled herein by reference. Any additional or different mmvs and conditions proposed by seller are objected m and hereby jetted. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENTimmediately tryout cannot make complete shipment to arrive on your promised delivery date m noted. Time is of the essence. Delivery and performance must be effected within the time staled on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, accepmnce of pmial late delivmes, shall marine as a waiver of this provision. In the event Of any delay, the Purchaser shall have, in addition w other legal and equitable remedies, the option aplacing this order elsewhere and holding the Seller liable for damages. However, the Seller shall cast M liable fro demaga in a result of delays due to.nses nor reasonably fommeable which are beyond its reassociate control and without its fault of calibrator, such trots of God, acts of civil or military nmh Odin, gw emmenml priorities, fires, strikes, hood, epidemics, wars or riots provided that notice of the comfort, causing such delay is given na the Purchase, within five (5) day, of the time where the Seller first received knowledge thereof In the event of any such delay. the doe of delivery shall be extended for the period equal to the time actually lost by reason of fire delay. 3. WARRANTY. The Seiler wartants that .116.a&, article,, moedals and work covered by this order will confomt with applicable drawings, specifications, samples and/or 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 mdu noure. The Seller agrees 10 hold the purchawr harmless rmm any loss, damage or expense which the Perchaer may suffer or incur an account ofthe Sellers beach of warranty. The Sella shall replace, repair or make good, without cast to the purchase, any defects or faults rising within one (1) year or within such longer period of time as may he prescribed by law or by the terms of any applicable warranty provided by the Seller oho the date of acceptance of the goods famished hereunder (acceptance not to be wormannably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use affiliates, by the Purchmer shall not constitute a waiver of any Of. order this walamty. Except ns olhervhe Provided m this Purchsse order, the Sellers liability hereunder shall extend in all damages proximately caused by rise breach of any of fie foregoing warranties or guarnmers. 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 eon by wtinen change order. 5. CHANGES IN COMMERCIAL TERMS. The Placlona may make any changes Or the terns, other than lend toms, including o ldbions to or deletions fn.m the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time of pert are hereurer, an mailable adjustment shall be made. 6. TERMINATIONS. The Purchases may at any time by written change order, terminate this agreement as to any or all portions of the grads then not shipped, subject to any equitable adjustment between the parties is to any work or materials then in progress provided that the Porch ow shall not be liable for any claims for anticipated profit on the uncompleted Portion of the goods anon wort, for incidental or consequential damages, and Nat an such adjustment b, made in favor of the Seller with respect to any gars which an the Sellers surard stock. No such cwww%uion shall relie,'e the Purchaser or the Sella of my oftheir obligations of to any goats delivered hereunder. ). CLAIMS FOR ADI USTMENT. Any claim for adjustment most be asserted within faun (30) days from the date the change or mmtination is ordered. 8. COMPLIANCE N'ITIT LAW. The Seller warms fro all goods sold hereunder shall have been produced, sold, delivered and famished in wrml compliance with all applicable laws and regulations or which the goods are subject. T'he Seller shall execute and deliver such documents in may be required to effect or evidence compliance. All laws and regulations required to b, im oryomed in agreements of this character am hereby mormatuted herein by this aftercare. The Seller agrees 10 indemnify and hold the purchaser harmless from all .ss and dmnagn su oral by the Purehaser as a result of Be Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pray shall assign, bambeq or convey this order, in any monies due or to become due hereunder without she prior women omen of the other parry. 10. TITLE, The Seller wartanis full, clear and unrestricted tine m the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all liens, remicliors, raer oniom, xcuriry Merest enermthmnces anal claims ref others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser direct fire Seller to owners nonconforming or defenire goofs by a date to be agrted upon by the Purchaser and the Sella, and the Seiler thereafter indicates its irablloy Or unwillingness 10 comply, the Pumhoser may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all casts associated with such work. The Seller shall release the Purchaser and it contractors of any "a Imo all liability and claims of any cadre resulting from the performance of such work. This activism shall apply even in the ever of fault of negligence of the pony released and shell extend to the directors, Off cas and employees of such party. The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in nay way, because such work is pert ed or caused to be peff ed by the Purchaser. 14. PATENTS. Whenever the Seller is required w use any design, device, material or process coveed by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims For inf na,marmt by reason of the use of such palmed deagm device, a trial or process in connection with the common, and shall indemnify the Purchaser for any craft, expeme or damage which it may be obliged to pay by reason of such infringement ad any time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or the intended use of the gaud., is in such stiff held to constitute infringement and the use of said equipment or pan is enjoined, the Salle shall, at its can exprstse and at its option, either procure for the Purchaser the right to continue using said equipmeal or paces, replace the same with substantially equal but rwninGnging component, or modify it so it becomes narmdringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an resignmew far the benefit Of creditors, appoint a Or uusme far any of the Sellers progeny o1 business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of tenor used or the interpretation ofthe agreement and to, rights of all panics hereunder shall be construed under and governed by fie laws of the Sate of Colorado, USA. The following Additional Conditions apply only as cases where the Sella is to perform work henumleq including the services of Sellers Raw a ssove(s), on the premises ofolhers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work set Seller's own risk and the same Is fully completed and accepted, and shall, in case of any accident, definitions or injury to the work indoor materials before Sellers fact completion and somperi complete the work at Sellers own espense and to the satisfaction of the Purchaser. When macsiak and equipment are famished by others for installation or men= by the Sella, den Sella shall receive, unlined, store and handle same at the site and become taponsible therefor as though such materials andlor equipmmn were being fumishM by the Seller under the order. 18. INSURANCE. The Sella shall, M his own expense, Provide for the payment of workers compensation, including a.urytional 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 slate in which the work is to be done. The Seller shall also carry comprehensive groom] liability including, but not limited to, contractual and automobile public liability i-0 c, with Faultily injury and death limits Of at least 5300,000 fur any one person, S500,000 for any one accident err, p.,my dwome limit per said... of S4od,g)). The Seller shall likewise require his commams, if any, an provide car such ommmvarion area insumme. Before any of the Sellers or his contractors employees shall do any work upon the premise, of others, fire Scller shall f ash tho Pumhser with a cenifiae tires such compensation and insurance have been provided. Such cenificaes shall specify the date when such compensation and insurance have been provided. Such cenincn.es shall specify the doe when such compensation and insurance expires. The Seiler agrees that such compensation and insurance shall be maintained omit after the entire work is completed and meeprr 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby as.uma the entire responsibility aad liabiliry for any and .11 damage, loss or injury of any kind nntme whosoever to persons or progeny <.mied 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 Purchaser and any 1 all of the Pmchaw s officers, agems and employees from and against any and all claims, losses, damages, charges or exposes, whether direct or writer, and whMer to pounis in property as which the Purchawa may be put or subject by reason of any act, action, neglect, omission or default on the Tern of the Seller, any of his contractors, or any of the Sellers in contractors officers, agents or employees. In caw any suit of other proceedings shall be brought optimal the Purchaser, or its Officers, agents or employees at any time on season or by rm.n of any act, action, neglect, omission or default of lire Seller of any of his contractors or any of its or their olTcess, agent or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own eapeme, to pay any and all cost, charge, anooeys fees and other expanses, any and all judgment Out may be incurred by or obtained against the Purchaser or any of is of their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or .banned against he property of the Frommear. or said pries in or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Sella but his ..to. shall rake all safety paramiom, fish and instill all guards necessary for the, pretarmion of accident, comply with all laws and mwalshom with must a safety including, but without [initiation, rise Occupational Safety and Health Act of 1970 and all roles and regulator issued pursuant thereta. Revised 07/2014