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HomeMy WebLinkAbout414575 MAXIMUM PAINTING LLC - PURCHASE ORDER - 9145126Fort Collins Date: 09/05/2014 Vendor: 414575 MAXIMUM PAINTING LLC 412 S HOWES, STE C FORT COLLINS CO 80521 PURCHASE ORDER PO Number Page 9145126 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 09/05/2014 Buyer: PAT JOHNSON N ote Line Description Quantity UOM Unit Price Extended Ordered Price 1 600-1669 1 LOT LS 6,630.00 Graffiti 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 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 2of2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of For Collins is exempt from stale and local taxes. Our Exemption Number is 98-IN502. FNeml Excise Tax Exemp[ion Ce tifcate of Registry 84.6000587 is registered with be Collector of Internal Revenue, Denver, Colorado (Ref Colorado Revised Srmfes 1973. Chapter 39-26, 114 (a). Goods Rejected GOODS REJECTED due to failure to meet specifications, either when shipped or due to defccr, of damage in transit. may be returned to you for credit and are not to be replaced except upon macipt of written instructions from the City of Far Collins. Inspection. GOODS are subject to the City of Far Collins inspection on arrival. Final Acceptance- Receipt of the merchandise, services or wquipmem th response w but order can result in authmimd payment an the Par of the City of Fort Collins. However, it is In be undershad that FINAL ACCEPTANCE is dependent upon completion atoll applicable required inspection procedures. Freight Tema. Shipments must to ED B., City of Fort Collins, 700 Woad St., Too Collins, CO 80522, unless otherwise specified on this oNer. If permission is given vo Prepay freight and charge separately, the original freight bill most accompany invoice. Additional charges for pecking will rent be accepted. Shipment Distance. Where manufacturers have distributing points in various parts Of the country, shipment is expelled from the nearest distribution point to de arossim, and excess EeiKhl will be deducted from Invoice when shipments are made from greater bounce. Permits Seller shall procure at sellers sole cost all necessary permits, certificates and Items. required by all applicable laws, regulations, rdi— and roles of the state, municipality, temfory or political subdivision where the work is performed, or required by any other duly continued public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of port Collins harmless ftom and against all liability and loss andreed by them by reason of an asserted or established violmion or any such laws, mguLd, im imbibers, roles requirement. Autbomanion. All parties to this contras agree that the representatives are, in fact, how fide and rossess full and complete omherity w bind said partia. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the coma and conditions armed herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different erms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you camwt make complete shipment In arose oa year promised delivery dam as noted. Time is arthe rssmce. Delivery, and pesfomomr muff M effected within the time coated on the purchase order and the documents attached herein. No are, of the Purchasers inducing, without heriurion, acceptance of pmim late deliveries, shall clever, as a waive, of his p-,i,imn. In the ever, army delay, the Purchaser slmll have, in addition to Other legal unit ecuitable remedies, the option (it placing ,his order elsewhere and holding the Seller liable for damages. However, the Seller sh ll am be liable for damages as a result of delays due in eauus not resinmbly foreseeable which arc beyond its reasonable control and without its fault of negligence, such acts ofGod, act ofci,it or military amharlti., govemmmml pruntics,f , sitkes, Road, epidemics, wars or noes provided dot notice of the conditions coming such delay is given W 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 lost by reason of the delay. 3. WARRANTY. The Seller wamnt that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples =Nor other d.cripuom given, will be fit for the poryot intended, sad performed with the highest degree of care and competence in accopance with accepted mmkmd6 for work of a similar ..,an. The Seller agrees Ie hold the purchaser harmless from coy loss, damage or expense which he Purchaser may suffer or incur on account of the Sellers breach of wuranry. The Seller shall replace, repair or make good, without cost to the purchaser, my defects or faults arising within one (1) year or within such longer period of fire as may be prescribed by law an by the terms of any applicable..my provided by he Seller aRa he doe of memo nce of he good fumishrd hereuder, (acceptance arm to be unreawrrbly &Dyedk resulting from imperfect or defective work done or mvterials f fished by the Seller. Acceptance or use of goad by the Pacificator shall not constitute a waiver of my claim under this warranty. Except. otherwise provided in this purchase oNer, the Sellers liability hereunder shall v.cmd to all damages proximaldy caused by he breach army of the foregoing warmnfies or guarantees, but such liability shall m no even, include lass of prof.,. 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 arms by wriaen change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaserrs, may make nay changes to the temother than legal terms, including additions or deletions from the quantities originally ordered in the specifications or drawings, by verbal Or woom change aide,. If any such change Milecm the ...at due or the time of,erfiarna. hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by warmen change odes, terminate his agreement as to any or all Portions of the goods then not shipped, subject to any equitable adjunmm, between he parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods andtor work, for incidental or comes ential damages, and but no such adjustment be made in favor of the Seller with respect to coy goods which we the Sellers srndand stock. No such termination shall relieve the Purchaser or the Seller crony oftheh obligations an to my good delivered hereinafter. ). CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold herewda shall have been produced, sold, delivered and famished in said compliance with all applicable laws and regulations to which the goods art subject. The Seller shall execute rW deliver well document as may be required] to effect or evidence compliance. All laws and regulations retidal to be nwrpommd In agreements of this character are hereby incorporated herein by this reference. The Seller agrees ,o indemnify mat hold the Purchaser hamdtes from .11 tests and damages suffered by the Purchaser . a mash of the Sellers failure to comply wide such law. 9. ASSIGNMENT. Neither parry shall assign, Innsfer, or convey this order, or my monies due or to become due herewda without the prior written concern of the other party. 10. TITLE. The Sella warmnm fell, clear and unrestricted title to the Purchaser for all equipment, martinis, and items homebody w performance of this agmarnm, free am clear of any and all Beta, restrictions, reservations, security interest emvmbrames and claims advisers. 11. NONWAIVER. Failure of the Parthasef w insist upon strict perforre. of the terms and conditions hereof, failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in he event of a breach, the acceptance ofar Payment fro goods hereunder or approval ofthe design, shall net release the Seller of any Of the warmnties or obligations of this purchase order and shall arm be deemed a waiver of any, right of the purchaser to insist upon strict performance hermfor any of its rights or remedies as to any such goods, regardless of when shipped, received Or accepted, as to any prior or subsequent default hereunder, nor shall any parpored coal modification or rescission of this purchase order by the Purchases operate as a wisher of any of the arts, hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognire that in actual economic practice, overcharges resulting from antirut ,minlimns are in fact home by the Purchaser. Theretofore, nfor tgood cause and as consideration for executing this purchase order, the Seller hereby assigns 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 particular goats or services purchased or acquired by be Purchaser pursuant to this purchase order. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or detective goods by a date to to 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 or pedcumd by the most expeditious means available to i,, and the Seller shall pay all casts associated with such work. The Seller shall release the Purchases and its contractors of any tier from .II liability and claims of any nature resulting from the performance afsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, once. and coma ees ofsueh pant. The Setters contractual obligations, including warranty, shall nest be deemed to be matured. in any only, because such w'Oak is perfumed or caused w be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to arse any design, device, material or process covered by letter, parent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims far Infringement by reason of the use of such palmed] design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any east, expense or damage which it may be Obliged to pay by union of such infringement at any time during the prosecution or ape, the completion of the walk. In case said equipment, or any not thereof Or be Intended use of the goods, u in such Suit held w consulate lufn-ngement and the use of said equipment or par is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right ,, mOiam rising said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or local make an assigmnem for the benefit of creditors, appoim 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 LA W. The definitions of terms used or the imer,mman cruise agreement and the rights adult ponies haennder shall b< comtmed water and governed by the laws argue State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller as to perform work hereunder, including the services of Sellers Repmacnrtive(s), on the premises of Others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Settees own task =tit the same is fully completed and accepted, and shall, in case or coy accident, destruction or injury w the work anNor mmenals before Seller's real completion and mo plane, complete the work at Seller's own expense and to the satisfaction of the Purchaser. Wren mmrrials and equipment are famished by others for installation or carton by the Seller, the Seller shall receive, unload, store 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 Seller shall, al his own expense, provide for the Paymrnr of workers comp.uation, including camparionl disease benefits, m its employees employed on or in connection with the work covered by this purchase order, .a&., to their dependents in accmdnec with the laws of the some in which he work is to be done. The Seller ,ball also eery comprehensive gear ml liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least S300,000 for any one person, $500,000 for any one accident and property damage limit per accident of SEW.". The Seller shall likewise acquire his contractors, if any, to provide for such compensation and insurance. Before any or the Sells or his contractors employees shall do any work upon the premium of others, the Seller quit f ish the Purchaser with a mrtifiran that such compensation and amounts, have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such comprnwtion and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Stile, hereby assumes the more trspamibiliry and liability for any and all damage, lass or injury army kind or nature whancever to persons or progeny caused by or matting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seiler will indemnify and hold hamdes the Purchaser and any r all of the Purchaser officers, agents and employees from and against any and all claims, losses, damage, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be, put or subject by ¢son of any act, action, neglect, Omission or default on the part of the Seller, my of his contractors, or my of the Sellers or contractors office., agents or rmployees. In cast any suit or other proceedings shall be, brought against the Purchase, or its arrears, age.¢ or employees at any time an accnuns or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrem to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all casts, charges, attorneys fees and other expenses, my and all judgments that may be incurred by or obtained against the Purchaser or my of its or their officers, agents or employers in such salts or other proceeding, and in case Institution or other him be, placed upon or also and against the property of the Purchasser, or void parties in or as a result of such suits or other proceeding. the Sella will at once nun the same w be, dissolved and discharged by giving bond of otherwise. The Sella NOW his continuous shall take all safety precautions, famish and install all guards necessary fen the prevention of accidents, comply with all laws and regulations with regard w safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursunnt thereto. Revised 0712014