Loading...
HomeMy WebLinkAbout540374 ALEX PAOZOLS - PURCHASE ORDER - 9145538City of �.For_t Collins Date: 09/24/2014 Vendor: 540374 ALEX PAOZOLS 1853 HOMER DR FORT COLLINS CO 80521 PURCHASE ORDER PO Number Page 9145538 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 1 APP Piano Project 2014 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.wrn install . 650.00 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. COMMERCIALDEfA[LS. Tax exemptions. By salute the City of Fort Collins is exempt from State and local taxes. Our Exemption Number is 98-04502. Federal arise Tax Exemption Certificate of Registry 84-6000581 is registered with the Collator of Formal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit, may be muted to you for credit and arc not to be replaced except upon receipt of written instructions from the City of Fort Cut has Inspection. GOODS am subject in the City of Fort Coll his inspection on radial. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order canresult in authorized payment on the part of the City of To" Collins. However, it is to be understood thaFINAL ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. Freight Tema. Shipments must be F.O.M. City of Fort Collins, 700 Wood St., Fon Collins, CO 80522, unless otherwise s caifird on this order. If permission is given m prepay, freight and charge separately, the original freight bill must accompany invoice. Additional charges for packing will cattle accepted. Shipment Distance. Where mmtifocturers have distributing Paints in various parts of the country, shipment is expected from the newest dimibution point to destination, and excess f ight will be deducted from Invoice when shipments arc made from 6rtmer ilkaarce. Permits. Seller shall procure at sellers sale cost all neeeawry permits, certificates and licenses required by all applicable haws, regulations, ordinances and ales of the state, municipality, territory or political subdivision where the work is performd, or requited by my other duly constituted public authority having jurisdiction over the work of vendee Seller oral agrees to hold the City of Tom Collins hamticas Gent and Spider all liability and lass trrcund by them by reason of an asserted or established violation of any such laws, regulations, undramatic, ashes and requirements. Authorization. All patios to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority 1t bind said ponies. LIMITATION OF PERMS. This Purchase Order expressly limits acceptance So the temp Said conditions stated herein set foM and any supplementary or additional tams and conditions entered harem or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby jested. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENTimmediately ifyou ..or make complete shipment m anave on your promised delivery data res award. Time is of the essence. Delivery and performance must be erbemd within the lime start on the purchase order and the documents attached hereto. No acts of the pumhaacrs including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable far damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable central and without its fault of argligence, such acts of God, acts spend or military authorities, €ovemmenal priorities, fires, strikes, road, epidemics. wan or riots provided that notice of the conditions causing such delay is given W the Purchaser within five (5) days of the time when the Seller Bra received knowledge therm(. In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually last by reason of the delay. 3. WARRANTY. The Seller warrants then all goad, articles, materials out work covert by this order will conform with applicable drawings, specifications, samples =Nor other descriptions given, will be fit for the purposes intended, and performed with the highest degree of core and competence in accordance with wax red standard for work of a similar 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 oracularly. The Seller shall rapture, repair or make good, without cost 10 the purchase, any defects or faults arising within one (1) year or within such longer period of time res may be prescnbal by law of by the terms of my applicable warranty provided by the Seller alter the dam of acceptance of the good famished hereunder (zcvepWce not to be umeasowbly delayed), reading from imperfect or defective work done or materials famished by the Seller. Acceptance or use of gads by the Purchaser shall not constitute a waiver of any claim under this warmnry. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages praximamly caused by the breach of any of the foregoing warranties or gmembec, but such liability shall in n l recall include loss ofprofis or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, agree than legal mats, including addoiotu to of deletions form the quantities origimny ordered in lye s,eciGcanom or drawings, by verbal in written change order. If any such change effects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate Nis agreement res to any or all portions of the good then nog shipped, Subject o my equitable adjustment between the Ponies ses to my work or materials then in progress provided Nat the Purchaser shtl nor be liable for any claims for anticipated pmOs on the uncompleted portion of the goods mrVor work, for imidenal or comryurntial drmages, and that no such adjustment be made in favor of the Seller with respect m any goods which art the Sellers standard stuck. No such termination shall relieve the Purchaser or the Seller ofany of their obligations as carry goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be, named within Bite, (30) days fmm the date the change or termination is ordered. 8. COMPLIANCE WITH LAW, The Seller warrants that all goads sold hereunder shall have been produced, sold, delivered and famished in strict compliance what all applicable laws and regulations to which the goods we subject. The Seller shall execute and deliver such documents as may the required to effect m evidence compliance. All laws and regularities required to be mcoryomted in agrernrcnts of this character ere hereby incorporated herein by this refemace. The Seller agrees to indemnify and hold the Purchaser Stainless from all costs and damages suffered by the Purchver as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, tansfer, or convey this order, or my monies due or to become due hereunder without the prior weal consent of the other puff. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished to perfomrmce of Nis agreement Gee and clear of any aad all liens, rnmetions, reservations, sawn, interest encumbrances and claims ofothers. I L NON WAIVER. Failure of the Functional to Insist upon atria performmce of the Tema and containers hereof. failure Or delay to exercise any tights or remedies provided herein or by law, failure to promptly votary the Seller in the event of s breach, the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the putchwer no insist upon strict performance hereof or any of its rightsor remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any poryoned oral modification re rescission of this purchase order by the Potchaur operate as a waiver of any of the tenor hereof. 12. ASSIGNMENT OF ANTITRUST' CLAIMS. Seller and the Puaeh ser recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact home by the Purcher. asTheretofore,fogood cause and as consideration for executing this ptuchase order, the Seller hereby assigns to the Putchaer my and all claims it may now have or hrmaltur restrict under federal or state antitrust laws for such avercha eve relating to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser classes the Seller to correct manronformiag or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its carrier, or unwillr and, ar mmpty, the Purchaser may muse the work to be pert ed by the most expeditious means available to it, and the Seller shall Italy all vests venerated with such wed. The Seller shall release the Purchaser and its contractors of any tier tram all liability and claims of any nature resulting from the performance of such work. This releve shall apply an in the error of fault of negligence of the party released and shall extend 1. the directors, officers and employees of such party. The Seller's contractual obligations, including warranty, shall not be deemed 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 my design, device, material or process covert by linen patent, trademark or copyright, the Seller shall indemnify and save hamrlesa the Purchaser from any and all claims for infringement by reason of the use of such parented design, device, material or process in correction with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it maybe obliged to pay by reason of such infringement at my time during the prosecution or after the completion of the work. In case Said equipment, or any pan thereof or the intended use or the goods, is in such suit held in constitute infringement and the am of said equipment or pan is toward, the Seller shall, in its awn expense and at its option, either practice far the Purchaser the night to coaraue using said equipment or pans, replace the same with substantially ruled bur anum ringing equipment, or modify it so it becomes eaninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make on assignment for the benefit of eredures, appoint Is river or income for my of the Sellers property or business, this order may forthwith v canceled by the Purchvcr without liability. 16. GOVERNING LAW. The definitions of temp used or the interrpre rtion ofthe agreement and the rights oral] pares hereunder shall be concord under aid ga.mred by the laws order, Sam ofColomdo, USA. The following Additional Conditions apply only in woes whore the Seller is to perform work hereunder, including the services of Sellers Represan hiveO, on the premises of others. 12. SELLERS RESPONSIBILITY. The Seller shall can, on Said work at Sallees our risk unlit the same is fully completal and accepted and shall, I. One of any accident, destruction in injury to the work mdbr ntatenals before Sellers final romplainn aad acceptance, complete the work at Selkfs own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload, stare and handle same at the site and become responsible therefor as though such materials ender equipment were being fmished 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 benef, to its employees employed on or in connection with the work covered by this purchase order, ender to their dependents in accordance with the laws of the sate in which the work is at be done. The Seller shall also carry comprehensive general liability including, but not limited to, commercial and mtomobile public liabun, inn a—w with bodily i Jury and death limits oral Sw t S3Fwaba for any orm person, 5500,00) for my one accident and Property damage limit par accident of 540ftA . The Seller shall likewise require his ammeters, if my. to Provide for such compensation and insurance. Before any of the Sella or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a cenificute that such compensation unit insurance have been provided Such conforms shall Specify the date when such compensation and insurance have been provided. Such certifcales shall specify the dare when such compensation and driumence expires. The Seller agrees that such compensation aid wournnee shall be maintained until after the write work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and [lability for any and all damage, lass or injury of any kind r nature what ver to cersons or property caused by or resulting from the execution ofthe work provided fur in Nis purchase order or in comeralum hereanda. The Seller will indemnify and hold hmand. the Purchaser am my r all of the Purchasers officers, agents and employees from and against my aid all claims, losses, damages, charges or expenses, whether direct or indirect, and whether m perwas or properry to which the Purchaer may be put or subjm by reason of any act, action, neglect, omission or defoalr oa the pan of the Seller, any of his contactors, or any of the Sellers or contractors officers, agents or employees. In case any wit or other proceedings shall a brought against the Purchaser, or its officers, agents or employees at my time on account or by reason of my act, action, neglect, omission or default of the Seller of any of his contractors br any of its M their officers, agents or employees as aforesaid, the Seller hereby agrta to assume She defense thereof and to defend the same at the Sellers own cxpcou, to pay my and all tests, charges, attorneys, fees and other rxpevcs, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officer, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchase, or said parties in or as a result crunch suits or other proceedings, the Seller will at once cause the Same to be dissolved and diuharged by giving bond err otherwise. The Seiler and his contractors shall take all safety precautions, f ish 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 Health Act of 1970 and all roles and regulations issued pursuant thereto. Revised 07J2014