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HomeMy WebLinkAbout312391 AMELIA CARUSO - PURCHASE ORDER - 9145138Fort Collins Date: 09/08/2014 Vendor: 312391 AMELIA CARUSO 540 S SUMMIT VIEW DR FORT COLLINS CO 80524 PURCHASE ORDER PO Number Page 9145138 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 i APP Transformer Cabinet 2014 1 LOT LS 2,004.00 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 Total 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 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fan Collins is exempt firm sure and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Carifirrea of Registry 84-6000587 u repaterM with the Collector of Imemal Revenue, Denver, Cut..& (Ref. Colomdo Revised Shamir, 1923, Chapter 39-26, 114 FOL Goods Rejected, GOODS REJECTED due in failureto nee, specifications, either when ship, d or due m defects of damage in transit, may be returned act you for credit and are not to be replaced except upon receipt of written instructions fmm the City of Fon Collins. Inspection. GOODS are subject to she City officer Collins inspection on arti al. Earn] Accepance. Receipt of the merchandise, aryi. or equipment in response 10 this order em result in authorized payment on the pan of the City of Fan Collins. However, It is to be understood that FINAL ACCEPT ANCE is dependent upon completion at all applicable required inspection procedures. Freight q'rmrs. Shipments must he F.OB.. City of Fort Collins, 200 Wood St, Fun Collins, CO 80522, unless otherwise specified on this order. If permission is given 10 pre,an, freight ad charge s,comar y, the original freight bill most accompany invoice. Additional charges for pecking will not be accepted. Shipment Distance. causer, manufacturers have distributing points in counts pans of the country, shipment is expensed ham the Nearest distribution paint to destination, and excess freight will be deducted fmm Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sale and, all necessary permits, certificales ad licenses rryuird by all applicable laws, regulations. Ordinances and roles of the state, municipality, lemory, or Political subdivision where the work is confirmed, or fequired by any other duly constituted public authonry has ingjwmlimion aver the work of vendor Seller father agrees to hold the City Of Pon Collins hmmless form and against all Ilabil try and In,, erred by them by rectum of an asserted or established violsoun of any such laws, regulations, ordinanma, roles land requtremen;. AutMrivvtion. All parties to this contract agree that the representatives ere, in fact, bona fide and possess full word complete autheory or bind said ponies. LIMITATION OF TERMS. 9his Purchase Omer expressly limits acceptance to the It. and conditions stated herein set both and any supplementary or additional terms and conditions annexed hereu or incoporaed herein by reference. Any additional or di0brenuerms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to emve oa your promised delivery date s noted. Time is of the essence. Delivery and performmw most he effected within the time stated on the purchase Omer and the documents attached hereo. No acts of the Purchasers including, without limitation, rmceptnne, of pamal lute deliveries, shall operate as a waiver of this provision. In the event ol'any delay, the Purchaser shell have, in addition to other legal and yutuble remedies, ,he option of placing this order elsewhere and holding the Seller liable for damages. However, the Sell,, shall ram be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyoed its reasonable around and without its fault ofnegligence, such acts crGod,ac; of civil or military, anamonfim, governmental priorities,! s, strikes, flood. epidemics, was or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller Btu received knowledge thereof. In the event of any man delay, the data of delivery shall be extendd for lilt period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Sell,, warren; the, all goads, articles, mmeriaB and work covets by this maker will mM rat with applicable drawings, specification, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in mcordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchase, hornless form my toss, damage a, expenre which the Purchaser may suffer or incur on account of the Sellers breach of wantonly. The Seller shall replace, repair or make goad, without cost to the purchaser, any defer; or faults arising within one (1) year or within such longer period of time as navy be preswbcd by Law of by the terms ofmy appl icable.1, provided by the Sella cafe the doe of acceptance of the goods founded hereunder (acceptance not m be umeasmably delayed), resulting floor imperfnt or defective work done or moter ads fumishd by the Seller. Acceptance or use of goods by the Peanut shall not candidate a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing w iranttes or guarantees, bur such liability shall in no event include loss of profits or lo§s of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES N LEGAL TERMS. The Pachwar may media, changes to legal terms by women change order.' ' 5. CHANGES IN COMMERCIAL TERMS. The Purchasermay make any changes m the lento, other than legal derma, including adidons a or deletions from m the quldirsoriginal ly ordered in the speci ficatim, or drawings, by verbal or written change order. If any such change affects the amoatt due or the time ofperformance hereunder, an equitable atjmrment shall he, made. 6. TERMINATIONS. The Purchaser may at my time by women change Omer, termtncle this agreement wo to any or all portions of the goods then not shipped, .subject to any emnlable adjustment between the panics as Is any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits oa the unrompletm ,onion of the goods midair work, for imodenml or comeluential damages, and that no such adjustment he made in favor of the Seller with respect o may goods which are the Sellers standard stock. No such termia lion shall relieve the Punhstt or the Seller army oftheir obligations as to any goods delivered hereunder. 2. CLAIMS FOR ADJUSTMENT. Any visual for adjustment near be warned within thirty (30) ddys from the date the flange or amrination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants Oat all goods said hereunder shall hme been Produced sold, delivered and famished in shirt compliance with all applicable laws and regulations m which the goods are subject. The Seller shall execute and deliver such documents an may be required to effect or evidence compliance. All laws and regulations required m be incorporated in agreements Of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold Ore Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall starlit, transfer, or convey this under, or any monies due or to become due hereunder without she prior written cement of the other party. 10. TITLE. The Sailer waran0 full, ilea aad uvrestocurd title to the Purchaser for all equipment, materiels, anal items famished Or pariffirmance of ,his agreement, f and clear of any aM all It.. rstrictioa, rexnar security interest rneumbratce, and claws a f others. 11. NONWAIVER. Failure of the Purchaser to insist upon thin pert race of the lem; and conditions hereof, failure or delay to exercise my rights or remedies pmvidad herein or by law, failure to pmsnptly notify the Seller in the event of a breach, the acceptance ofor payment for goads hereunder or approval of the design, shall hot talwu the Seller of any of the warranties or obligations of this purchase under and shall not he deemed a waiver of any right of the pmchaxf 10 morel upon shirt peffrmance hereof., any of its rights or remedies os m any such goods, regardless of when shipped, received or accepted, in, to any prior or subsequent default hereunder, nor shall any purported oral modification or rexis ion of this purchase Omer by the Purchaser Operate as a waiver of any of the terms beat 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust violations are in fad home by the Funniest, Thereloforq to, good come and w comideation for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired order federal or store an,,., lows for such oxmEw, a odming 10 the particular goods or services purchased a, acquired by the Pardwae pursuant I0 this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. I flhr Purchaser dials the Seller to cooed nonconforming Or defective goods by a date to be anced upon by the Purchaser and the Selet, and the Seller thera0er indicates its inability Or unwillingness to comply, the Purchaser may cause the work to he peffosmal by the most expeditious means available to it, and the Seller shall pay all cos; associated with such work. The Seller shall ofleme the Punhase and its commcto s of any her fmm all liability and claims of any whore resulting from the performance ofsuch work. Phis release shall apply even in the event in I..[, of negligence of the ,any released and shall c.,end to the directors, o0icers and employees of such puny. The Seller's commctal obligations, including wormmy, shall not be deemed to h reduced, in any way, because such work is pert ed or auxd to be pearfmmN by the Purchser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by lever, paten,, hadenrork r copyright, the Seller shall indemnify, and save humorless the Purcbasa from any and all claims for infringement by mason of the use of such patented design, device, material or pwess in connection with the contract, and shall indemnify the Paradises for my cost, expense a damage which it my be obliged to pay by season of such infringemem m any time during the pmsecmim or after the completion of the work. In cox said equipment, or any part thereof or the intended use of the Goods, is in such .it held m constimov infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and in its option, either procure for the Purchaser the right ill continue using said equipment or pans, replace the some with substantially equal but noninfringing tyuipmett, or modify it so it becomes norachinging. 15. INSOLVENCY. If the Seller shall became involved or badmpt, make an asaimarm nt for the banefit of creditors, appoint a receiver or trustee for any Of the Sellers property or business, this order may forthwith be anceld by the Purchaser without liability. U, GOVERNING LAW. The definitions ofterms used or the interpretation of the agreement and the rights of all panic hereunder shall be command order and governed by the laws ofthe Sam afC.Imadca, USA. The following Additional Conditions apply only in cases where the Seller is to Perform work hereunder. including the services of Sellers Reprexnmtive(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shill cony on said work al Sellers own risk until the same is fully completed rem accepted, and shall, in x of any accident, deswetion or injury n the work and/or materials bet Sellers foal completion and acceptance, complete the wok at Sellers awn expense and to the satisfaction of the Rotational. When materials and muipmear are famished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle some at the site and become responsible therefor as though such materials and/or equipment were bung Pomishd by the Seller under the ordere I S. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation including memounal disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in aaonlonee with the laws Of the sate in which the walk is to be done. The Seller shall also carry crominchetwice general Ihhiliry including, but nut Itmihd t.i contractual and aomnabile public liability insurance with bodily injury and death limits of at least 5300,000 Ibr any one person, 5500,000 far any ale accident and property damage limit per accident of S400,0110. The Seller shall likewise aspire his examinacturs, if any, to provide for such compensation and insumnce. Defog my of the Sellers or his mnuracmrs employees slid][ do nay work upon the premises of others, the Seller shall famish the Pmchsser with a c rtificare that such compensation and insurance have been provided. Such certificates shall specify the dine when such ompare mton and insurance have been provided. Such certificates shall specify the date when such compensation unJ insumnce expires The Seller agree that such compensation and insurance shall be maintained until after the moire walk is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire ¢spomibili y and liability far any and all damage, loss or injury ofarry kind or nature whatsoever to ferrous Or property caused by or resulting tram the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hamdess the Purchase and any r all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expears, whether direct or indirect, and whether to pro mes or property to which the Pnmhaser may be, pat or subject by reason of any net, action, neglect, omission or default on the Pan of the Seller, any of his contrxmrs, or any of the Sellers or contractors oRcers, agents or employers In case any suit or other proceedings shall the brought against the Purchase, or its of ecrs, agents or employees at any time on recount Or by reason of any act, action, neglect, notation or default of the Seller of any of his commnors 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 at the Sellers own expense, to pay any and all costs, charges, a tomeys fees and other expenses, any and all judgments that may be incurred by or obmioed against the Purchaser or any of its or then Otficers, agents or employes in such suits or other procedinga, and in cox judgormt or other lien tr placed upon Or obtained against Be property of the Purchase, or said parties in or as a result of such suits Or other pmostab rka, the Seller will at mhr Co. the same to be dissolved and dischagM by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations, with regard to safety including, but without limitation, the Occupational Safety and I lealth Act of 1920 and all rates and regulations issued pursuant therein. Revised 070014