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HomeMy WebLinkAbout452799 A ROYALTY COACH - PURCHASE ORDER - 9145205Fort Collins Date: 09/10/2014 Vendor: 452799 A ROYALTY COACH 7133 N TAFT HILL RD FORT COLLINS CO 80524 PURCHASE ORDER PO Number Page 9145205 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: FORT COLLINS SENIOR CENTER CITY OF FORT COLLINS 1200 RAINTREE DRIVE FORT COLLINS CO 80526 Delivery Date: 09/10/2014 Buver: WILSON. JILL Note: Line Description Quantity UOM Unit Price Extended Ordered Price transport for Sr. trip 1 LOT LS 21,706.00 Invoice dated August 30,2014 Total $21,706.00 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.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. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fun Colliers is exempt from slate and local axes. Our Exemption Number is I I. NONWAIVER. 98-04502. Federal Excise Tax Exemption Caudicate of Registry 84 6000582 is registered with the Collector of Failure of the Purchaser to insist upon for perfomance of the tamer and dominions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a), exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, be acceptance of., payment for goods hamoda or approval of the design, shall not retentive Seller of Goads Rejected. GOODS REJECTED due to failure to meet specificltiare , either when shipped or due to defect of any of the warranties or obligation of this purchase order and stall not M deemed a waiver of any right of the damage in Imnsin, may be resumed la you for credit and are and m Ise replaced except upon receipt of wainrn Purchaser to insist upon spice performance hereof or my of its rights or remedies as to any such goods, regardless instructions from the City of Fan Collins, of when shipped, raeived or accepted, m to any prior or subsequent defmh heeunder, nor shall any poaported am[ modification or radiation of this purchase order by the Purchaser opamle as a waiver of any of the terms Inspection. GOODS nre subject o the City of Fan Collins impaction m surf hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized paymrnt oa the pan of the City of Fort Collins. However, it is m be understood Jut FINAL Seller and rite Ptuchasa tecognixe that in actual ecommie practice, overcharges eeultlog from mfin eel ACCEPTANCE is dependent upon completion ofail applicable squired inspection procedures. violations are m fact home by no Purchua. Theretofore, far goad muse and as consiAemtion fro annealing true purchase order, the Sella hereby assigns to the Purchaser my and all claims it may now have or hereafter Freight Terms. Shipments mutt be F.O.U.. City of Fan Collins, 200 Wand St, Fan Collins, CO 80522, ,less enquired under federal or state mJmm laws far such overcharge behind, . the particular good or series, , rairise specified on this order. if permission h giver to pnyay freight and charge separately, the original freight purchowd or acquired by the Purchaser pursuant o this putchsse order. bill most accompany immice. Additional charges for puking will rat be redefined. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. When manufaz,errs have distributing points in vain parts of the country, shipment is If the purchaser direca the Sella to correct nonconforming or defettive goods by a date as be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Parch all and the SdIa, and the Sella thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made from grevta distance. may cause she work to be performed by the most expeditious meets available to it, and the Seller shall pay all casts associated with such work. Permit. Seller shall pramre al sellers sole can all necessary prmoits, certificates and licrnses despaired by all applicable laws, regulations, on irmnces and mlcs ofthe state, municipality, ternmry or political subdivision where the work is Performed, or required by any other duly constituted public authority having jurisdiction over the work of vandal. Seller further agrees to hold the City of red Collins harmless from and against all liability and loss enderred by them by reason of an inserted or established violation of any such laws, regulations, ordinances, rules requirements. Aulhonmtion. All panics to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purch:rse Order expressly limits tmcequnce to the corms and conditions stated herein set forth and any mpplemenmry der addu unal leans and conditions annexed hereto or incaryomted herein by reference. Any oddummil it different temp and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENTinunaliald, ifyou school make complete shipment to arrive oa your promised delivery date us dented. Time is of the essence. Delivery and pailem anee must be effected within the time ,rated on the parchsw ender and the doe.mma to a,lad harm. No acts of the Pnrchsers includin,, witloaut licilalien, aecatance of partial late deliveries, shall operate its a waiver of this provision. In the event of any defy, the Purchasa shall have, in addition to ,,her legal and equitable remedies, the option of flaring this order elsewhere and holding the Sella liable We Aanmgcs. Ilowever, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foresauble which arc beyond its reasonable control and without its fault of negligence, such acts of God, acts uncivil or mil may authorities, govemmetnd priorities, fires, strikes, Hood, epidemics, wars 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 fins received knewlm,e thereof. In the event of any such delay, the dale of delivery shall be extended fur the pen W maul to the time actually lost by reason of the delay. 3. WARRANT. The Seller wanants that all goods, articles, mmenal, and walk covered by this order will conform with applicable drawings, specifications, samples maker other descriptions given, will be fit for the pormses intended, and performed with she highest Jgme of care and competence in accordance with accepted standsd for work of a similar nature. The Seller agrees to hold the purchaser harmless from any lass, damage or expense which the Purchaser may sufferer incur on account of the Sellers beach of warranty. The Seller shall replace, repair or make good, without gosuo the purchaser, my defect or faults arising within one (I) year or within such longer period of time as may be prescribed by law or by the menu of any applicable wadmaay provided by the Seller after the date of accepame of the goad famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect he defective work done or meenins famished by the Seller. Acceptance or use of goods by the Ptuchaa shall mot omti,te a waiver of any claim under this warranty. Except as otherwise provided in this parchve, order, the Sellers liability haeanda shall e.lend Ira aI I damages proximately czuadd by the btmch of any of no foregoing wamnties or guarantors, but such liability shall in no pent include lass of profit or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4, CHANGES IN LEGAL TERMS. The Perelman, may make changes to legal terms by wnnrn change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes, m the mmn, other than legal donee, inelastic, a sinimis m or deleriore from the qualities originally ordered in the specificatiom of drawings, by venial or wrinen change order. If any such change affect the amount due or the time ufMrfonnance hereunder, an equiable adjustment shall be nude. 6. TERMMATIONS. The Purchaser may at any time by wcihen change oble, mrmimte this agreement as to any or all portions of the good then not shipped, subject to any addable adjustment between the parties as to any work or mataiak then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the mencipimnd Fannon of the good tanker work, for incidental or em,Ntietnial damages, and Ibar no such adjmamem be made in favor ofthe Seller with respect to any good which are the Sellers standard sock. No such larromfors shall relieve the Purchaser or the Seller crony oftheir obligations m to any goad delivered hereunder. t. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the dale the change or termination is ordered. 8. COMPLIANCE W D H IA W. The Seller wanums that all ,tads sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the gouda are subject. The Seller shall execute and deliver such documents as may be required to erred or evidence compliance. All laws and regulations required to be em,no m l in agreement of this character are hereby incorporated herein by this inference. The Seller agrees to indemnify and hold the 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 assign, transfer, or convey this order, or any monies due or to become due hereunder without life prior wheat consent ofthe other parry. 10. TITLE. The Seller waadnts full, deer and ansuricted title to the Purchase, far all equipment materials, and it. thrashed in performance of this agreement, free and clear of my and all lie,, restrictions, reservations, saunty interest circumstances and claims of often. The Seiler shall release the Purchaser add its commemrs of any tier from all liability and claims of any nature resulting from no performmm of such work. This release shall apply even in the event of fault of negligence of the pray released and shall extend to the directors, miters and employees of such any. The Settees contractual obligations, including wamntty, shall not be damed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material in pnmce. covered] by later, pate,, trademark or copyright, the Seller shall indmmify and sm'e h:mnless the Pardoner from any and all claims for infringement by reason of the use of such patented design, device, material or pmrem in connection with the conduct, and shall indemnify the Purdruer for any curt expense or damage which it may he obliged to pay by masan of such iofri ihni ent at any time during the prosecutor. ar after the completion of It, work. In ease said equipment, or any pan thavef or the inteded use of the ,nods, is in such snit held m consulate inGm,emem and the use of said equipment or part is enjoined, the Seller shall, at its own expense and at its option, sill... procme for the Purchaser the right to continue using said equipment or pans, replace the same wim substantially equal bur noninGnging equipment, or modify it so it becomes nonintiinging. 15. INSOLVENCY. If the Seller shall become insolvent in banku d. make an assignment for the benefit of creditors, appoint a err hmfee for any of the Sellers property or business, this oiler any forthwith be canceled by the Purchser withaur liability. 16. GOVERNING LAN'. The definitions of menu used or the interpretation ofthe agreement and the rights of all panic hereunder shall be construed under and groaned by the laws of the Sate of Colorado, USA. The following Additional Conditions apply only in cases where she Seller is to pert weak hereunder, including Nesm'ice of Sellers RePrescnhlive(s). on Ne pemises of oche¢ 17. SELLERS RESPONSIBILITY. The Seller shall any on said work at Seller's can risk until the same is fully completed and mapr d, and shall, in use of any r ci lad, destruction or injury m the work armNar mmenals before Sellds fiwl completion and acceptance, complete the work at Seller's own expanse and to the satisfaction of the Purchaser. %Ten moterim, and equipment are nourished by others far imallation or erection by the Seller the Sella shall eaeive, unload, score and handle same at she site and become resfiomible therefor ss though such .,coals and/or equipment were being f rddishN by she Sella under the order. 18. INSURANCE. The Seder shall, at his own expense, provide for the payment of workers compemation, including aempatlo ial disease benefit, to its employees employed an or in connection with she work covered by this poschue order. m rm in their dependent in accordance with the laws of she sate in xhich the work ts m be done. The Sella shall also any mmpahensive general liability including, but not limited to, contracual and automobile public liability insurance with bodily injury and death limit of in least S HROW for any one firms, S500,000 for any accident and property damage limit per accident of $400,000. The Seller shall likewise require his communist, if any, to provide for such isma,mation and imurenee Before my of the Sellers or his comeacnors employees shall do any work upon the premises clothed, the Sella shall famish the Pumhmer with a certificate that such compemaion and insurance have ban provided. Such ceeificion shall specify the date when such compensation and insurance have been provided. Such cenifcates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and instance shall be mainained until after the brain work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for my and all damage, loss or injury of any kind or nature whatsoever to Persons or property caused 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 r all of the Purchasers aRagents s and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to Persons or property to which the Purchoser may be put or subject by reason of any act, action, ne,lat. omission or default on the pan of the Seller, any of his conductors, or any of the Sellers or contractors of ccn. agents or employees. In case any suit or other proceedings shall be brought against the Purchase. or its officers, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his corrosion, or my of its or their officers, a,cuts ar employ. as aforesaid, hire Seller hereby agrees to assume the defense thereof and of defend the same at Sellers own expense, to pay any and at I costs, charges, mmmeys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained againt the property of the Purchmer, or said panics 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 band or otherwise. The Seller and his contractors shall take all safety precautions, famish add immll all guard recesvey for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Ilahh Aid of 1920 and all nales and agulmiom issued pursuant Nemec. Revised 07/2014