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HomeMy WebLinkAbout424650 DIANE FINDLEY MCLAUGHLIN - PURCHASE ORDER - 9144584 (2)Fort Collins Date: 09/08/2014 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 i 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 2 Amendment#1 1LOT EA 1,466.00 Req # 48017 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.mm 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. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and Imal taxes. Our Exemption Number is 11. NONWANER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to roast upon sbill performance of the terms and readitiotu hereof, failure or delay to Inmmnl Revenue, Denver, Colorado (Ref Colorado Revised Stages 1973, Chapter 3936, 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 acccpmce ofor payou m for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected, GOODS RD ECTED due to failure to meet specifications, either when shipped or due to defcts 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 trmuit wry be retuned to you for credit and we not to be replaced except upon receipt of written purchaser to insist .,on strict performance hereof or any ofits rights or remedies as to any such goods, regardless instructions from me City of Fan Collins. of when shipped, received or accepted, m many prior or subsequent default hereunder, nor shall any puryoned road modification or rescission of this rowboat order by the Pualuser operate as a waiver of any of the terms Inspection. GOODS art subject to the City of Fon Collin inspection on m isal. hermf. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. widunaed payment mi the pan of the City of Fort Collins. However, it is on be understood that FINAL Seller end the purchaser mongniu that re actual ¢ mges is practice, o erchresulting from antitrust ACCEPTANCE is dependent upon completion of all applicable rgaired inspection procre edus. violation arc in fuel boom by the Purchaser. The cti fore,nforgood cause and as conidemtion for executing this purchase occur, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Teems. Shipments nun be F.O.B., City of Fort Collins, 700 Wood St., Fort Catlin, CO 80522, wilees acquired under federal or state antitrust laws for such cromhar,is, relating m the particular goads or seines otherwise specified on this order. If permission is given m prepay freight and charge mparaely, the original freight purchased or acquired by the Purchaser purswnuo this purchase order. bill must accompany, invoice. Additional charges for Psking will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Phere manufacturers have distributing Points in various pans of the country, shipment is Ifthe Purchaser directs the Seller to correct nonconforming or defective goods by a&te to be agreed upon by the expected fmm the nearest distribution point m destination, and excess freight will be debarred from Invoice when Purchaser and the Sella. and the Seller thereafter indicates its inability ce unwillingness to comply, the Purchaser shipments we made roam greater distance. may cause the work m be performed by the most expeditious mean available to i1, and the Seller shall pay all costs nominated with such work. Permits. Seller shall Immure al sellers sole cast all nmecmry I names, catlfiewas and licenses required by all applicable I., regalwous, ordinances and rules ofthe state, municipality, mo mry or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Sellef further ogre., m hold the City of Fort Collins h:mnlas from and .gaunt all liability and loss incurred by them by reason arm asserted or established violation of any such lax,, regulntirns, ordinances, roles and re, irements. Andmineation. All panics to this contract agree that the representatives are, in fact, bow fide and possess full and complete authority to bind mid panics. LIMITATION OF TERMS. This Purchase Order expressly limits accordance to the term and condition stated herein set fond and any supplementary or additional terms and condition annexed harm or incorporated herein by reference. Any additional or different terms and condhion proposed by seller are objected to and hereby m m ed. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if no, cannot make complete shipment to arrive oa your .tutu...) delivery date as noted. Time is urge essence. Delivery and parommmnce mist be effected within the time stated on the purchase order and the documents attached hereto. No ace of the Producers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of Nis 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, he Sella shall rim be liable for damages . a much of &days due to worse, not ...My fonseeable which are beyond its reasonable benoonl and without its fault efra gliumb. such acts carried, acts i feivil or military aumodeies, gmemmental prionties, fires, strike,, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within hue (5) days of the time when the Seller fast received knowledge thereof, In the event of any such delay, the dam of delivery shall be extended for the period equal m the time broadly lost by reason oftha delay. The Seller shall release the Purchaser and its corroders of any der from all liability and claims of any nature resulting from the performance of such work. _ This release stall apply .,an in the event of foul, of negligence true party released and shall extend to the directors, officers and employees ofsuch parry. The Sellels onntmdual obligation, including warranty, shall not be deemed in be mluced, in any way, became such work is performed or caused to be performed by the Purchasm. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark r copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for Infdngmnmn by rearm of the use of such patented design, device, war-ri or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or alter the completion of the work. In case said equipment, or any pan thereof or the intended me of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either poncme for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes nowafinging. 15. INSOLVENCY. If the Seller shall become insolvent or bnNnrvpt make an assignment for the bone!, of creditors, appoint a recomal or muster for any of the Sellers prepare, or business, this order may forthwith be canceled by the Purchaser without liability. d. WARRANTY. 16, GOVERNING LAW. The Seller vs'wumb, rbar all goods, articles, materials and work covered by this order will conform with applicable The definitions ofetms used or the interpretation ofthe agreement and the rights of all parties hereunder shall be drawings, speifications, samples and/or other description given, will be fit for the proposes intmded, and compared wrier and govemed hythe laws of the Stale of Colorado, USA. peRoaned with the highest degree of care and cautiousness in accordance with accepted nandetd for wok of a • a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the The following Additional Condition apply only in onsins where the Seller u to pM rot work hereunder, Purehaer may suffer m incur on account ofthe Sellers bench ofwananty. The Seller shall replace, repair or make including the senices of Shcm Represenadve(s), on the premises ofmin., good, without best to the puchaser, any defects or fault arising within one (1) year or within such longer prod of 1) SELLERS RESPONSIBILITY. ' SIBI time as may be prescribed by law or by the tents of any applicable warranly provided by dhe Seller sDo, the date of plaice of the goods furnished hereunder (becmmnce not m be unreasonably delayed), resulting fmm imparfmt .Hoe Sellef shalRESPO pled. and work at Sellels oxn ask until the same is fully completed and accepted, end shall, work or defective work done or materials Seller. Acceptance or owed goods by the shall not a of any accident chid or injury tome work ardor materials before Sellels final and cceptance, anthe a aide,,, r hiis warranty. Except as otherwise provided in this purchase order, fie Sellers obiliwe any claim under this complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and reunidersh damages the breach of any of the Fusion, wanantics liability hereunder shall extend to all damages proximately causer proximately qurlamor are finished by others for installation or erection by the Seller, the Seller shall receive, unload, fi W guarantees, but such liabiO shall in no event include loss of profits loss of use NO IMPLIED WARRANTY score and wage at the site and become responsible therefor as though such materials and/or equipment OR M1fERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. —� O A rniscone was being burnished by the Sellerunda the order. ... 4. CHANGES IN LEGAL TERMS. The Purchases may make change, to legal rents by wagon change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to me terms, other than legal temu, including additions or or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change alieds the amount due err me time of performance hereunder, an equitable adjustment shall be rondo. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portion of the goods then not shipped, subject to any equitable wljunment between me panics as to any work or materials then in progress provided that the Pumhascr shall not be liable far any claims for mticipmeb prufts on the w could ed portion of fe goods andbf work, for incidental or consequential damages, and that no such adjustment be more in favor of fe Safer with respect to any goods which are the Sellers standard stook. No such temriw[ion shall reline the Purchaser or the Seller crony of their obligations m to any goods delivered hertunda. T. CLAIMS FOR ADJUSTMENT. Any dui. for adjustmen must be asserted within thirty (30) days from the date the change or armination is ordered. 8. COMPLIANCE WITH LAW. The Seller wormms that all pool sold hereunder shall have been produced sold, delivered and fmish d in stud compliance with all applicable law, and regulation to which he goods am subject. The Sella shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulation required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Sella agrem to indemnify and hold fie Purchaser harmless from all onsts and damages attracted by the Purchaser m a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assigns, transfer, or convey this order, or any monies due ono became due hereunder without the prior women consent ofthe other party. 10. TITLE. The, Seller wamnrs full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in performance of mis agreement, free and clear of any and all liens, restrictions, m,enarian, .1 interest oncumbrwbcs and claims of whers. it. INSURANCE. The Seller shall, a his own expense, provide fro the payment of workers mmpewtion, including occupational disease benefits. W its employees employed on or in connection with the work covered by this purchase order, andtor m their dependents in accordance with the laws of the stare in which the work is to Ix done. The Seller shall also carry, compachansive general liability including, but not limited m ommcmal and automobile public liabil icy insurance with bodily injury and death limits of at lent $300,000 for any one person, 5500,000 for any one ccident and property damage limit per accident of $4(m000. The Seller shall likewise require his contractors, if nary, to provide for such compensation and insurance. Before my of the Sellers or his eontmetofs employees shall do any work upon the promises of others, the Seller shall furnish the Purchaser with a cenificme that such compensation and insurance have been provided Such comficates shall specify the date when such compensation and insurance fore been provided Such mnificntea small specify the doe when such compensation road insurance expires. The Seller agrees that such competsmian and insurance shall be maiaai d until afar the enfue work is completed and implied. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind or nature a Lumber in to persons or property caused by or resulting from the execution writhe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, agents and employees lion and against any and all claims, losses, damages, charges or expenses, whether dirty or indirect, and whether to persons or property to which the Purchaser may he pm be subject by Town of any act action, neglect, omission or demuh on me pan of the Seller, any of his awrmemrs, no any of the Sellers or contractors otfcars, agents or employees. In rose any suit W ofor proceedings shall be brought against the Purchaser, or its officers, agents or employees al any time oa account or by reason of any act. action, nagl¢t omission or default of the Seller of any of his contmeton or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same ar me Sellers own expense, to pay any end all cams, charges, agome3's f s and outer capons, any and all judgments that may be incurred by or obtained ageimt the Purchaser or any of its or feh officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parties in or as a result of such suits or other proceedings, the Seller will at once cause the same ro be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, fmish and imtall all grads necessary for the prevention or accidents, comply with all laws aad regulations with regard to mfar, including, but without limitation, the Occupational Safety and Herlm Act of 1970 and all roles and regulations issued parsuant thereto. Revised 07n014