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HomeMy WebLinkAbout495216 WERNER W SCHREIBER - PURCHASE ORDER - 9145137Fort Collins Date: 09/08/2014 Vendor: 495216 WERNER W SCHREIBER 106 S BRYAN AVE #11 FORT COLLINS CO 80521 PURCHASE ORDER PO Number Page 9145137 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: 09/05/2014 Buyer: PAUL, GERRY Note: Line Description Quantity UOM Unit Price Extended Ordered Price APP Piano Project 2014 1 LOT LS 650.00 Total $650.00 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 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 fmm state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry M-6000597 is registered with the Callector of Internal Revenue, Denver, Colorado (Ref Colorado Raised Sierra,, 1973, Chapter 39d6, 114 ad. Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit, may be rcmmed to you for credit and are tat to be, replaced except upon receipt of wroan imanions fmm the City of Tom Collins. Inspection. GOODS ere subject to are City of Fain Collins inspection on ant Final Acceptance. Receipt of the merchandise, services or equipment in respame to this order can result in authorized payment on the prat of the City of Fort Collins. However, it is to he understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipments must be F.O.B., City of ran Collins, 700 Wood Sr., Fan Collins, CO 80532, unless motwom specified on this under. If permission is given to prepay (night and charge separately, the original freight bill most accompany invoice. Additional charges for packing will not be scmpted. Shipment Distance. Where manufacturers have demanding points in various Was of Be country, shipment is expected from are mamr d'strthation point to destination, and excess freight will be, deducted from Invoice when shipments are made fmm gmaw, d3more. Permis. Seller ,ball procure at sellers sole cost old necessary perfaits, certificates and licenses required by all applicable law', 'entrails", omioances and rules of the sore, municipality, ternary or political subdivision whom the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold are City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an resented or established violation of any such laws, regulations, i dinances, talcs and requirements. AuOmrimdon. All parties to this contract agree and the repreunextives are, in fur, Mesa fide and possess full and complete scarcity to bind said panics. LIMITATION OF IERMS. This Firebox, Order espressly limits acceptance to the terms and conditions stated herein set fonM1 and any mpplementary or additional urns and conditions annexed harem or incorporated herein by reference. Any additional or different terms and conahions proposed by seller are objacted In and hereby V irea ul. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to move on your promised delivery date m awed. Time is of the essence. Delivery and Performance mu, he efeaed within the time stated on hie purchase order and are docummts attached hereto. No aces of the Purchasers including, without [induction, acceptance of partial late deliveries, shall operate to, a waiver ofthis uponstm. In are event to, delay, the purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding are Seller liable for damages. HowOver, the Seller shall not we liable for damage, as a molt of delays due to comes not reasonably foreseeable which are beyond its reasonable control and withoa its taut, ofnegligram, such acts of6od, cons oFci,il or mithary authorities, governmental prienties, fires, strikes, food, epidemics, wars or ..Is provided but notice of the conditions causing web delay is goca to she Purchaser within five (5) days of the time when are Seller fast received knowledge thereof. In the even, of any such delay, the date of delivery ,ball be extended I., me penal egwrI m the time actually lost by reason ran, delay. 3. WARRANTY. The Seller wavans ,hat all good, articles, materials and work mvered by Nis make, will conform with applicable drawings, s,exe fictions, wimples andlor othc, dacripliom give, will be to for the puryoses intended, and pet rmed with the highest degree of care and campncom in accordance with accrpaed standard for work of a similar rmme. The Seller agrees I. hold the purchaser hmmkas from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cast to the purchaser, any defects or faults arising within one (1) year or within such longer period of time a, may ha prescribed by law or by the terms oratory applicable warranty provided by the Seller after the slam of ecepmnce state goad famished hereunder (acceptance not to be unreasonably delayed), resulting fmm imperfect or defective work done or materials f rmishN by the Seller. Acceptance or use of good by the Purchaser shall no, constitute a waiver crony claim under this warody. Except as otherwise provided in this prat order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach crony of Be foregoing warranties or guammees, but such liability shall in as event include loss ofpsofis or loss cruse. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terns by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including adBours; to or deletions from the quantities originally ordered in Be specifications or drawings, by verted or written change order . If any such change affects the amount due or the time of performance hereunder, m equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by carmen change order, mar inam this agreement as to any on, all portions of the good Ben not shipped, subject to any equitable adjustment Mtween the parties Or so any wod: m materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goad and or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are life Sellers standard stock. No such termination shut col lave the Purchaser or Be Seller of any of Beir obligations m loany good delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustmrnt most be asserted within thiay (30) day, from the data the change or separation is ordered - 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be ',tinted to effect or evidence compliance. All laws and regulations required to be n.,mmed in agreements of this character are hereby incorporated herein by this aftercare. The Seller agrees to indemnify and held are Purchaser harmless from all casts and damages suffered by the Purchaser as a result of the Sellers failure m comply with such Iaw. 9. ASSIGNMENT. Neither parry, shall assign, ansfer, or convey this oNm, or any monies due or to become due heremadeo without the prof warm ro een of the odic, parry. 10. TITLE. The Sell erwammis full, clear and uncrom ard,it r to the Purchaser for all equipment, materials, and items furnished in perfarmmce of this agreement, fee and clear of any and all liens, restriction, reservations, Winner inserter encumbrances and claims crashers. 11. NON WAIVER. Failure of the Purchaser to insist upon strict performance of are terms and conditions hereof, failure or delay m exercisany rights (ire r medies provided herein or by law, failure to promptly notify the Seller in the event of a breach, e the acceptance ofor payment for grads hereunder or approval of the design, shall not release the Seller of any of the wamanties or obligations of this purchase order and shall not be deemed a waiver army right of the purchaser no insist upon strict performance hereofor any of its rights or remedies as to any such goods, regardless of when shipped, rec ived or aceprN, as to any prior or subsequent default hereunder, nor shall any purported oral madificaion or seseission of this pumhau ode, by are Pur [sour Venture m a waiver of any of the team hereof. 13. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual tt 1c practice, overcharges resulting from annual violations are in fact home by the Pucharmr. I heretofore, nfor ngood cause and its consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims if may now have or hereafter acquired under federal or state contrast laws for such overcharges relating to the particular goods or services purchased or acquired by are Purchaser pursmnt to this purchase octet. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser rimers the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Pe straur and the Scllcr, aed are Seller Bemfm indicates its mortality or unwillingness,, comply, the Purchaser may tone the work to Is, performed by Ne must expeditious means mailable to it, and the Seller shall pay all casts associated with such work. The Seller shall relrew the Purchaser and its contractors of any tier front all liability and claims of any nature resulting fmm the perfrnance ranch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the dimema, mficers and employees of such parry. The Sellers continental obligations, including warranty, shall not M deemed to be reduced, in any way, because such work is performed or caused to M performed by the Purchaser. 14. PATENTS. Whenever are Seller is acquired to use any design, device, material or process covered by darer, patent, tidemark or copyright the Seller shell indemnify and save harmless the Purchaser Co.. any and all claims fur infringemenl by reason of the use of such patented design, device, material or pai in connection with the contract, and shall indemnify the Purchaser for any cost, exprow or damage which it may be obliged to pay by reason of web infringement at any time during the prosecution or after the completion of the work. In case said equipment ar any pan thereof or the intended use of the goods, is in such suit held m comrimro infringement and she use of said equipment or pan is enjoined, the Scllcr shall, al its own espeme and at its option, either pram¢ for the Paradoxes the right to continue using said equipment or pas, replace the same with substantially equal but mninGn, ing equipment or modify it so it becomes mninGaging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Pu chaser without liability. 16. GOVERNING LAW. The def rtims officious used or the intepreuction ofthe agreement and the rights of all games hereorader shall be composed under and governed by hie lams of the Some ofColornda, USA. The following Additional Conditions apply only in are e Seller is to perrm fowork hommider, including the services of SellersRepreuntativHs), on themaus premises ofother, 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Settees awn risk until are same is fully completed and accepted, and shall, in use of any accident, destruction or injury to the we& andor materials before Sellers Goal completion and acceptance, complete the work at Sellers own expense and to are satisfaction of tM purchaser. When materials and equipment are famished by others for installation or erection by she Seller, are Seller shall receive, unload tare and handle same at the site road become responsible WeRfor as though such muter s md'or equipment were being famished by the Seller under dae ate. 18. INSURANCE. .The Seller shall, a, his own expenw, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or m their dependents in accordance with the laws of the state in which the work is m be done. no Seller shall also carry compreheusive general liability including, but not limited to, contmnual and automobile public liabiliy insurance with Wily injury and death limits of at least S300,01a for any one person, S500,000 for any one accident and pmpedy damage limit per accident of S4o0.000. The Seller shall likewise rtquirc his mmwors, if any, to provide for such compensation and in mmnae. Before my of the Seller or his contractors employees shall do any work upon the premises of others, the Seller shall famish are Pufchmer with a ¢nificam that such compesadon sand insurance hasc been provided. Such co iftwtes shall specify the date when such reorientation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expim. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire respomibiliy and liability, for any and all damage, loss or injury of any kind or nature whatsoever to persons or property caused by or resulting from the excitation of are work provided for in this porchau order or in correction herewith. The Sella will indemnify and Mld heranless Be Purchaser and any Or all of the Purchases attic,,, agents and employees fmm and agaim, any and all claims, Imes, damages, changes or cxpcuscs. whether direct or indirect out whether to persorri or pnpeny to which the Purchase may be put or subject by reason of my act action, neglect omission or default as the pan of the Seller, my of his contractors, or any of the Sellers or comment, officers, agms or employs. In case any suit or other proceedings shall be brought against the Purchase, or its officers, agents or employees a, my time on account or by reason of any an, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officer, agents or employees as afomm d, she Seller hereby agrees m more the defense thereof and m defend the same at the Sellers own expense, to pay any and all costs, charges, atmmeys fees and other expenses, any and all judgment, Nat may be Incmead by or obtained against the Purchaser or my of is or their oRcrrs, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obnmead against the property of the Pambmer, or said Parties in or as a result ofsuch suits or offer pmeedings, Be Seller will at lam cause the same to be dissolved and disehatged by giving MM or otherwise. The Seller and his contractors shall take all artery, psecmtions, famish and itsmll all guard necessary for the prevention of accidents, comply wit all laws and regulations with regard to safety including, but without limitation. Be Occupational Safety and Health Act of 1970 and all tales and regulations issued pursuant thereto. Revised 07n014