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HomeMy WebLinkAbout423922 CHRIS BATES - PURCHASE ORDER - 9145512Fort Collins Date: 09/24/2014 Vendor: 423922 CHRIS BATES 2303 TARRAGON LANE FORT COLLINS CO 80521 PURCHASE ORDER PO Number Page 9145512 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: 09/23/2014 Buyer: PAUL, GERRY Note: Line Description Quantity UOM Unit Price Extended Ordered Price i APP 2014 Transformer Cabinet 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@fogov.com 1 LOT LS 2,002.00 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 Fort Collins is exempt from scam and local razes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Cmificaa of Registry 84-6000587'rs registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Smmtes 1973, Chapter 39-26, 114 (a). Goads Rejected. GOODS REIECI'ED due to failure Ica meet sped fcarims, either when shipped or due to defects of damage in tmnsit may be returned IT, you far couir and an, trot to be replaced except upon receipt of written inswcuom from me City of Fon Collins. Ins ueredan. GOODS are subject o the City of Fort Collins inspection on amvul. Fired Acceptance. Receipt of the merchandise, latexes nr vempmeot in response to this malm can result in authorised payment on the pan of the City of Poll Collins. However, it is to be understood teat FINAL ACCEPTANCE is dependent upon completion of all applicable required inpemion procedures Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood Sr, Fort Collins, CO 80522, unless otherwise specified] oa this order. If permission is given to prepay freight and charge separately, the migiml freight hill must acammanv invoice. Additional charaea for Tackiest will net be accented. Shipmem Distance Where romplactnrers bave diaribming points in varfon p,e< of the cans, shipment is noecad from the nearest distribution in, m destination, and excess freight will be dedamal from Invoice when shipments arc made from grater distance. Pemet. Seller shall procure al sellers sale cost all necessary permits, ceni0cates and Rumors required by all applicable laws, regulations, ordinances and roles of the state, municipality, armory or political subdivision where the work is p aboarred, Or required by any The, duly constituted public authority having jurisdiction over the work of vendor. Serer rubber agrees To hold the Ciry of Tom Collins hmi from and against all liability and loss maned by them by mason of to assured or established violation of any such laws, regulations, ordinances, rules and requirements. Authorization. All panic& to This contract agree that the representatives are, in fact, bona fide and possess full and complete authority to biml said ponies. LIMITATION OF TERMS. This Purchase Order expressly limits acceplance, to the terms and conditions scared herein set forth and any supplementary or additional terns and conditions annexed hereto or inco gwarred herein by reference. Any additional or dubcrent terms and conditions proposed by seller are objected m and hereby rejected. 2. DELIVERY. PLEASE ADVISE, PURCHASING AGENT immediately ifyou cannot make complete shipment To active an your promised delivery data as noted. I'inm is of the essace. Delivery and performance must be effected within the time stated on the purchase order and the document attached hereto. No sets of the Pumhuers including, without limitation, acceptance armorial late deliveries, shall opemm as a waiver of this provision In the rent of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this older elsewhere and holding the Seller liable for damage, floweveq the Seller shall not be liable for damages as a result of delays due to causes not immunity foreseeable which are beyond its reassemble conTml and without its fault of negligence, such net of God, aces of dad or mililay influential, governmental precious, fires, strikes, flood, epidelt wars or riots provided That notice o'the conditions causing such delay is given to the brchasa within fate (5) days of the time when the Seller first received knowledge thereof. In the event ofany such delay, the dine of delivery shall be extended for the penal egad to The time actually lost by reason of the delay. 3. WARRANTY, The Seller warrant that all goods, articles, contends and work anvered by this order will conform with applicable drawings, spesificalion, samples and/or other descriptions given, will be fit for Her purposes intended, and Performed with the highest degree of rare and commitment in accordance with accepted smndaSs far rood Of a 'milar nature. The Seller agrees to hold the purchaser harmless 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 cost to the pun:haer, any defect or faults arising within one (1) year or within such longer period of time as may t e paunbed by law or by the rem¢ of any orthable warred, provided by the Seller eRe, the dare of acceptance of the goods fumahed hereunder (acceptance not to be unrenoricbly delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or an of gouda by the Purchaser shall net msstitum a waiver ofany claim under This warranty. Except as atherwim provided in Nis purchase medal. me Sellers liability hereunder shall extend to all damages proximarely emend by The breach of any of The foregoing warranties or guarantees, but such liability shall in ran event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCI IANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The particulate, may make changes to legal terms by women change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchases may make any changes to me mutt, other than legal corms, including addition to or deletion from the qt amiriea originally Ordered in the s scrificanons an, dmwtop , by veNal Or en change older. If any such change affects the amount due or the time of perfammnce hereunder, oa equitable adjlulment shall be made. &TERMINATIONS. The Purchaser may an any time by woman change order, amninaa this ageverma n as to any or all portions of the goods Two Of shipped, subject to any equitable adjustment between the ponies as to any work or mumrirls than in progress provided that the Purchaser shall not he liable for any claims for anticipated pro0m on 'he —considered Portion offle goods and/or work, for incidental or consequential damages, and That no such adjustmenl be made in favor of the Seller with respect to any goods which see the Sellers amndard stock. No such termination shall relieve the Purchaser or the Seller of any of their Obligations as to any goods delivered hereunder. y. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be lonrkd within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrant That all goods sold hereunder shall have been produced. mid, delivered and marmahal in strict ompllance with all applicable Isms and regulations to which the goods arc subject. The Seller shall execute and deliver such documents as may be required to e1Tem or evidence compliance. All laws and regulation required to be ncoponmd in agreement of this character are hereby inereponted herein by this reference. The Seller agrees to indemnify and hold The Purchaser harmless from all cast and damages offered by The Purchaser as a result of The Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, nansfe,. ar convey this order, or any monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller warrunts full, clear and Ornament tide To He Purehasa for all equipment, moeriak, and it. furnished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, wearily interest encumbrances and claims ofoflers. II. NONWAIVER. Failure of Ne prominent to insist upon strict performance of the terms and candid.. hereof, failure Or delay to exemise any rights or remW ies provided herein or by law, failure to promptly, notify me Seller in the event Of a breach, he acceptance of or payment for grads hereunder or approval oflha design, shall not release the Seller of any of ma warranties or obligntion of this purchase order and shall not be deemed a waiver of any right of me purchaser to mist upon strict performance hereof or any of its rights or remedies as to any such goods, regmdleas of when shipped, eeerived or aceep rd, n to any prior or subsequent default hereunder, nor shall any purported and modification or remission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Parnell recognize that in actual economic practice, overcharges resulting from number violations are in fact bore by the Purchase,. Theretofore, tin good cause and as eomideralum for executing this purchase order, The Seller hereby assigns to the Purchaser any and all claims it may now have or member acquired We, federal or score antilrnt laws for such weramem, mining m The particular goods or services purchased or acquired by the Purchaser pursuant to This purchase Omer. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs The Seller to cornet nonconforming or defective goods by a date to be agreed upon by The Purchaer and the Sella, and The Seller thereafter indicates its itmbiliry or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all cask associated with such work. The Seller shall eaten, the Purchaser rod its mntmemrs of any her from all liability and claims of any retme reaching from the perfonnrna of such work. This release shall apply even in the event of fault of negligence of the party mlcaud and shall extend to the directors, Ofacers and employees of such parry. The Sellers comradml obligations, including warranty, shall not be deemed m be reduced, in any way, because such work is performed or caused to be performed by the Purchases. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, parent, trademark or cmpyo ht, the Seller shall indemnify and save hvemless the Puchasr from any and all claims far infringement byre n of the use of such patenprocess in design, device, material or proin 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 afier the completion Of the work. In case said exuipment, or any pan thereof or The intended use of The goods, is in such suit held To consulate inGmgemcm and the rem of said equipment or pan is enjoined, the Sella shall, at its own expense and at its option, either procure for The Purchaser the right to continue using said equipment or pans, replace the some with substantially egad but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a or trustee fof any of The Sd1ce, property ar business, This order may forthwith be canceled by the Ptudassa without liability. 16. GOVERNING LAW. The definitions of arms used or the interpretation ofthc agreement and the rights of all parties hereunder shall be command under and governed by the laws of The Spite of Colomdo, USA. The following Additional Conditions apply only in when the Seller is to perform week hereunder, including The services of Sellers Rearmentativebs), on thecans premises archers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in 'e of any accident, destruction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and empmme one famished by orders far installation or a ceaim by The Sella, Ne Seller shall receive, unload, store and handle same in the site and become responsible therefor as Though such meadals and/or equipment were being famished by the Seller under The order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefit, to it employees employed an or in connection with The work covered by this p—ban order, call to their dependent in eccmdasu with the laws of the alma in which me work is to be done. The Sella shall also carry comprehensive general liability including, but not limited an, contrmtual and automobile public hard, insurance with both y injury and death limits of at must S300,000 for any one person, 5900,000 for any one accident and progeny damage limit per incident of $401 The Seller shall likewise mluin, his ontrium , if any, to provide for such courwo ution and insurance. Bef any of the Sellers Or his contractors employees shall do any work upon the premises of others, The Seller shall famish me Purchaser with a cenifiate that such rompenatim and inomnce have been provided. Such cectifieures shall specify the dam when such compensation and mat have been provided. Such certificates shall specify the doe when such compensation and inumnce expires. The Seller agrees new such compensation and insurance shall be maintained until railer me emire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assume the entice responsibility and liability foe any and all damage, loss or injury fany kind Or tenure whomever to peruns or property caused by or mulling farm The execution ofthe work provided far in this purchase order or in connection hemwith. The Seller will indemnify and held harmless the Pumhown and any r all of the Purchasers officers, agents and employees from and against any and all claims, lasses, dmmmges, charges or expenses, whether direct or Indirect, and whether to persons or property t0 which the pum er may be put or subjecl by reason of any act, action, neglect, omission or default on me No of the Selleq any of his contractors, or any of me Sella or contractors officers, agents or employees. In rave any not Or other proceedings shall be brought around 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 contractors or any of it or Their officers, agent or employees as aforesaid, the Seller hereby agrees to assume me defense thereof and to defend me same at The Sellers own exonew, to pay any and ell cost, charges, ovomeys fees and other expenses, any and all judgment that may be incurred by or obtained against the Purchaser or any of it or their oRcers, agents or employees in such suit or other proceedings, and in case judgment or other lien he placed upon or obtained against the pmpeny of the Purchaser, or said parties in or as a result ofsuch suit or other proceedings, the Sellerwill at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contactors shall Take all safety precautions, famish and install all guords necessary for the prevention of accident, comply with all laws and regulations with regard to safety including, but without limitation, me Occupational Safety and Health An of 1970 end all roles and regulatiom issued pursuant Nareto. Revised 07A 014