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HomeMy WebLinkAbout110983 NEW HORIZONS TRAVEL - PURCHASE ORDER - 9145462PO PURCHASE ORDER 914546er Page C117/ of PURCHASE 45462 t of 2 Fort Collins( his number must packing !-\V`I ` V �7 on all invoices, packing sli s and labels. Date: 09/22/2014 Vendor: 110983 NEW HORIZONS TRAVEL 300 E BOARDWALK DR, BLDG 1 FORT COLLINS CO 80525 Ship To: FORT COLLINS SENIOR CENTER CITY OF FORT COLLINS 1200 RAINTREE DRIVE FORT COLLINS CO 80526 Delivery Date: 09/22/2014 Buyer: WILSON, JILL Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 trans for senior trip Invoice 091614 dated 9/16/14 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 1 LOT LS Total Pay terms net 30 days Invoice Address: 13,213.56 3.56 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fan Calif. is exempt from terminal local taxes. Our Exemption Number is 11. NON WAIVER. 98-04502. Federal Excise Tax Exemption Cenificam of Registry 84-60N587 is registered with the Collector of Failure of the Purchaser to most upon strict performance of the team and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapaf 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, the acceptance ofar payment for goads hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall an, be deemed a waiver of ony right of the damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, rega dleas iotructions from the Ciry of Fort Collins. of when shipped, received or accepted, as to my prior or subsequent default hereunder, nor shall any pulp reed oral madi ficotion or rescission of this purchase order by are Purchaser operate as a waiver of any of the terms Inspection. GOODS arc subject to the City of Fon Collins inspection on radial. hereof. Final Acceptance. Receipt of the merchandise, Bern ca or equipment in response to this under can rand: in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of file City of Few Collins. However, it a to be understood that FINAL Seller and th, Purchaser wougaim that in actual economic pme,ic,, o do ages resulting farm without ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact home by the Purchaser. Therttofow, for good came and as consideration for emerging this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.U., City of Pon Collins, 700 Wood St, Fiat Collins, CO 80522, unless acquired under federal or site antitmst Laws for such overcharges relating to the panicular goods or services mherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuanuo this purchase ordl bill must mmmmanv invoice. Additional chances for oackind will not be accented. Shipment Distance. Where manufacturers have distributing points in various puts of the country, shipment is expected fmm the nearest distribution point to destination, and excess freight will he deducted from Invoice when shipments arc made from greater distance. Permits. Seller shall p.m at sellers sole cast all necessary, permits, cerofiaues and licenses tequieed by all applicable laws, regulations ordinances and rules of the stare, municipality, 4nitory or political subdivision wheat the work is performed, or required by any other duly constituted public authority having jurisdiction over the work ol'vendul Seller further agrees to hold the City of Fort Collins hamdess fmm and against all liability and lass inclined by them by reason of an lowed or established violation of any such laws, regulations, ordinances, toles and requirements. Authorization. All panics to this contract agree that the repreuntuivan are, in fact, bona fide and possess full and complete authority to bind said pates. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to du terms and mndoimu stated herein set forth am any supplementary car additional matt add conditions armexed hereto or incorporated herein by reference. Any additional or dilTerem harms and conditicrs, proposed by seller are objected to said heeeby b erred. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediarely ifyo, cannot make complete shipment to wave on your Promised delivery date as noted. Time is of the essence. Delivery and mummoanee must be effected within the time soured on are purchase order :cod the documents attached harem. No a,,, of the Purchasers including, without litnitacco, acceptance of partial lute deliveries, shall operate as a waiver of this provision. In he event of any delay, the Purchaser shall have, in addition to other legal and equitable amedies the option of placing this order elsewhere and holding the Seller liable for damages_ However, are Seller shall not be liable for damages as a result of delays due to causes not readably fesaaoble which ae bevoM its remnnable control and without its fault of negligence, such was of God, acts ofavil or military maimnuies, gm'emmerma priontiesf It ral Bowl. epidemig, weresm no¢ provided that notice c f the madaima causing such delay is given to the Purchaser within five (5) days of the time when the Sella first received knowledge thereof. In the event of any such delay, the date of delivery shall he extended far the period equal to the time actrlly Ins, by reason afthe delay. B. WARRANTY. The Seller warrants Nat all goods, sorties, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with are highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser hamless from any loss, damage or expense which are Purehaser may father or incur on account of the Sellers breach of wamwy. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (I) year or within such longer peried of time as may be prescribed by law or by are teas of any applicable wamnry provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not so b, w-bmwwdbly delayed), resulting fmm imperf au or defective work done or materials famished by are Seller. Acceptance or me of goods by the Purchaser shall not omtimte a waiver of any claim under this vwnway. Except as otherwim provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately cowed by the breach of any of the foregoing warranties or guarantees, but such liability shall in no even, include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABTITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terns by wane. change order 5. CHANGES IN COMMERCIAL TERMS. M Purchaser may make any changes to me tern, other thin legal nerma, including additions to or deb nuns man ,be q.likes oowm illy ordered in the specification or drawings, by verbal or women change order. If any such change We. the amount due criticism ofperfommaace hereunder, as equitable adjustment shall sae made. 6. TERMINATIONS. The Furtherer may at any time by written change order, mnninule his statement as to any or all portions of the goods then not shipped, subject many egaitable adjusanent between the parties as to any work or materials ,hen in progress provided that the Purchaser shall not be liable for any claims for anticipated prefix on the woomp[aed portion of the goods and/or work, for incidental or consequential damages, and flat no such adjustment he made in favor of the Seller with arpat to any goods which arc the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any oftheic obligating au to any goods delivered remainder. 2. CLAIMS FOR ADJUSTMENT. Any claim for adjgmem must be asserted within thirty, (30) days fmm the date the change or mminatum is mahout 9. COMPLIANCE WITH LAW. The Seller warrmnts that all goods sold herewde, shall have been produced, sold, delivered and famished in sate, compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver inch documents g maybe required to effect or evidence compliance. All laws and regulations required to be n usuparesed in agreements of this character are hereby ineuryomted herein by this reference. The Salle, agrees to indemnify and hold are Purcbsser hamdess fmm all basis and damages suffered by the Pucbaver as a result of the Sellers failure to comply win such law. 9. ASSIGNMENT. Neither perry, shall I,, ..fee or convey this well ar any monies due or to become due hereunder withou, the prior wooer cogent of the other Party. 10. TITLE. The Seller warrants full. Ilea and unrestricted title to the Purchaser for all equipment, materials, and items famished in perfmmance of this agreement, free and clear of any and all liens, restrictions, reservations, security Interest rncumbtaaces and claims of others. Id. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs are Seller to comet nonconforming or defective goods by a date to h agreed upon by the purchaser and the Seller, and the Seller hereaRer Indicates its inability or unwillingness to comply. the Purchge, may cans, the work m he performed by the most expeditious means mailable to it, and are Seller shall pay all costs associated with each work. The Seller shall release the Purchger and its commmom of any tier from all liability and claims of any nature resulting fmm the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the direcam, ollicers and employees ofsuch any, The Selleex contractual milga tons, including warranty, shall not he deemed to he reduced, in any way, because such work is performed or comsed to he Performed by the Purchmer. 14. PATENTS. Whenever the Seller is required to use my design, device, arterial or process covered by letter, Eaton,, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for inGngement by reason of the use of such patented design, device, material or process m 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 inlnagem ad to any rime during the momentum ar wor,he completing of the work. In eau said equipment, ar any part thereof or the intended use of the goods, is in such earn held to constitute infringement and the use of said equ armat or an is enjoined, the Seller shall, M as Own expense and at its option, either proton, for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment, or modify a so a becomes noninGmging. 15. INSOLVENCY. If the Seller shall become insolvent or warkmpt, make an assignment for the benefit of creditors, appoint a reaciver or mat ure for any of the Sellrn m ppenma y or business, this under y forthwith be canceled by the Domineerwi sscr thout liability. 16. GOVERNING LAW. The definitions oftams used or the interpretation of the agreement and the rights are][ ponies hereunder shall be combined under and gtwomed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services ofSellrn Reprtuno[icep), on the premises of orders. ❑. SELLERS RESPONSIBILITY. The Seller shall any on said work at Stilels own ask aril flue, same is fully corraple,ed and occupied, and shall, in u of any accident destruction or injury to the walk maker Ovate fix fief Sellers Bnal completion and acceptance, complete are work at Sellers awn expense and to the satisfaction of the Purchaser. When materials and equipment we fiunished by others for installation or erection by are Seller, the Seller shall receive, unload, store and head], same at the site and became responsible therefor as though such materials sailor equipment were being famished by are Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, Was employees employed on or In connection with be weak covered by this pumhose order, ankm to their dependents in accordance with the laws of the state in which doe work is to be done. The Seller shall also arty wmpaberive general liability including but not limited to. contmetual and automobile public liability insurance with bodily injury and death limits of at last $3W. 0 for my one person, 5500,000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, awry, to provider such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premise, of offers, the Seller shall famish the Purchase, with a cenifieme that such compensation and insurance have been provided. Such ceailicmes shall specify the date when such compensation and insurance have been provided. Such cenificules shall specify he dale when such compensation and insurance expires. The Seller.,hers Nat such compensation and insurance shall be woo mined until after the .not work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assmno me are responsibility and liability far any, aM all damage, bss or injury ofany kind r rture wha asever m persons or property couud by or resulting from the execution of are work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless du Proxmire aM any r all of the Purchmers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indircer, and whether to persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default an the pan of the Seller, any of his connectors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought agoras, he Purchaser, or its ollicers, agents or employees at any time on account or by reason of any if, action, neglect, omission in default of the Seller of any of his commetnn or any of its or their officers, agents or employees as aforesaid, are Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers awn t rpens<, to pay any amid all costs, charger, attorneys fees and other exponsa, any and all judgments feat may he incurred by or obtained against the Purchaser or my of its of their officers, agents or employees in such suits or order proceedings. and in case judgment or offer lien be placed upon or obtained against the property, of the potchaur, or said pandas in or as a result of such suits or other proceedings, the Seller will at more couu the same to he dissolved and discharged by giving bond or otherwise. The Seller and his Contractors shall take all safety precautions, firmish and install all guards necessary for the prevention of accidents, comply with all laws and mgulmium wile regard to safety including, but without limitation, the Occupational Safety and Health Act of 1920 and all rules and regulations issued pursuant gainers. Revised 07n0I4