Loading...
HomeMy WebLinkAbout292606 STILO ENTERPRISES - PURCHASE ORDER - 3214285 (2)PO PURCHASE ORDER 321428er Page C117/ of PURCHASE 3214285 ' of z ' `t Collins lints This number must appear V ` 1 , on all invoices, packing sli s and labels. Date: 09/26/2014 Vendor: 292606 STILO ENTERPRISES PO BOX 358 LOVELAND CO 80539 Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS CO 80524 Delivery Date: 01/09/2014 Buyer: N ote: Line Description Quantity UOM Unit Price Extended Ordered Price 3 Addendum to PO 1 LOT LS 10,000.00 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.wm 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 witum the City of Fort Collins is exempt from state and ]rival axes. Ow Exemption Number is 11. NON WAIVER. 98-W502. Federal Extia, Tax Exemption Certificate of Registry 84-6000582 k mginered with the Collector of Failure of the Purchaser to insist upon strict pzUfih—. of the terms and conditions hereof, failure or delay m Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statistics 1973, Chapter 39-26. 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly mortify the Seller in the event of a breach, thc.cepm.e afar payment far goods hereunder or approval ofNe deign. shall not release me Seller of Good Rejected. GOODS REJECTED due to failure to meet specifications, offer when shipped or due to defects of any of the warranties or obligations of this purchase maker and shall two be deemed a waiver of any right of the damage in tmnsiL may be retuned 0, yea for craft and are not to ha replaced except upon receipt of written parclaur to insist upon shirt performance herec fro any of its rights or remedies its to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default himundm nor shall any pumoned cal modification or rescission of this purchase order by the Purchaser orange as a waiver of any of the tense Inwation. GOODS are subject W the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in respmsse m fis order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS - authorized payment on the port of the City of Fort Collins- However, it is m be understood that FINAL Seller and the Purchaser weapons, fat is acts a is practice, ovacharga resulting from ami—I ceramicist is cepet upon completion ofall applicable "fired i ormation procedures. violations are in fact game by the Pttrthaer. Theretofore, for good cause and as consideration for executing this Purchase order, the Seller hereby assign to the Purchaser any and all claims it may now have or hereafter Freight Termer. Shipments most be PO.e., City of Fiat Collins, 900 Wood SL, ran Collins, CO 80522, unless acquired ueda federal or sine antitrust laws for such overcharges relating to the particular good or services oferwine specified oa this maker. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most accompany invoice. Additio.l charges for packing will not he accepted. 13. IASERSPERFORMANCE OF SELLERS OBLIGATIONS. is ShipmentDistance.thee.WheremanutionPi have daMbun nand pointsinvariousnspme of fed! ,Pure rhadtter to be agreed the on byPurchaser Per from Income w the distribution peens m destination, and excess freight will M deducted from Invoice when ellerectnfter inortaingordabiliiy oruodsbyadah inn Selleers end the Seller therea0er indicates its inability or unwillingness m comply, the Purchaser Purchaser and the the Purchaser to..g realer shipments are made from granter Jisg:mee, shipments work may cause the work to be performed by the mast expeditious means available to it, and the Seller shall pay all rmata eras«aged with such work. Pariis. Seller shall pr«ure at sellers sole cost all necessary permits, ceniff and heenus requird by all applicable laws, regulations, ordinances and titles of the state, municipality, mrrimry or political subdivision where the work is perforated, or required by any other duly constituted public authority having jurisdiction over the work of vend«. Seller Earlier agree, 4, hold the City of Fort Collins hornless from and against all liability and lass anuned by draft by retin as fission of serted or established violation of any such laws, reguas, tinnardinnnces, nJca requirements. Authorization. All panics to this contract agree that the representatives are, in fact, bona fide and proses full end complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional remw and conditions counsel hereto or incoryumted herein by refereare. Any additional or different teens and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to more on your promised delivery dam as noted. Time is of the.,tiee. Delivery and performance mat be erected within the time stated on the purchase order and the documents attached hereto. No acts of the Putehasers including, without limitation, acceptance ofpanial late deliveries, shall mamte as a waiver ofthis provision In the event fany 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 for damages. However, the Seller shall not be liable for damages ex a reuh of delays due to muses not waggishly foreseeable which are beyond its reaowble annual war without is fault ofnegligene, such acts ofGotl, acts ofcivil at military authorities, governmental priorities, fires, stakes, Goad, epidemics, xvs or sots provided that notice of the conditions causing wch delay is given to the Purchacr within five (5) days of le time when the Sella first received knowledge theart In me event of any such delay, the date of delivery, shall be extended for the period equal to the time actually tat by rcawn of the delay. 3. WARRANY. The Seller warms that all goad, articles, 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 the highest degree of cart and competence in accordance with accepted standards for work of a filar more. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchase, may suffer or incur on .count of the Sellers breach of wvrranty. The Sella shall repl.e, repair or make good, wifam cast m the purchases any defects ar faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the from ofany applicable warranty m vided by the Seller One, the date of acceptance ofthe goods famished hereunder (acceptance not to be ummsonably delayed), resulting from imperfect or defective work done or mmerials famished by the Seller. Acceptance or use of goods by the Purchaser shall not mnstimte 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 ofany ofthe foregoing warranties or mangers, but such liability shall in no event include loss Of profits Or loss of me. 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, other than legal terms, including additions to or deletions from the quantities originally oNeral in the xparifianim. or drawings, by verbal or —Inc. change order If any such change affects the amount due or the time of farfomunre hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any lime by written change order, terminate cos agreement as, m any or all portions of the good then not shipped, subject to any equitable adjmtment berveen the parties is, m any work or materials then in progress provided mat due Purchaser shall not be liable for any claims for anticipated profits on the uncompleted random of the goods robot work, for incidental or consryuental damages, and that can such adjustment be made in favor of far Seller with retract to any good which are the Sellers standard nook. No such mrminmimn shall relieve the Purchaser or the Seller crony of their obligations as to any good delivered hereunder. T CLAIMS FOR ADJUSTMENT. Any claim for edjatment most be anened within thirty (30) days from the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulabous to which the goods are subject. The Seller shall execute and deliver such documents as may be requital to effect or evidence compliance. All laws and regulations required to be corPomad in agreemena of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from ale costs and damages suffered by the Purchaser as is result Of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither patty shall assign tmnsfcq or 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 warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all liens, resrictioa, reservations, security interest commitments, and claims of others. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance ofsach work. 'this release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, offices and employees of Such party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, haause such work is performed or caused to be performed by me Purchaser. 14. PATENTS. Whenever the Seller is required to use tiny design, device, material or process covered by letter, patent. trademark or copyright, the Seller shall indemnify and save hamless the Purchaser from any and all claims for infringement by croon of the use of such patented design device, material or process in connection with the contact, and shall indemnify the Purchaser for any cast, expense or damage which it may m obliged to pay by reason of such infringement at any time during the prosecution or aft r the completion of the work. In case said equipment, or any pan thertof or the intended use of the good, is in such suit held to constitute infringement am the use of said equipment or pm is joined, the Seller shall, at to own express, and at its option, calm procure for the Purchaser the right to continue using said affirming or parts, semila, the same with substantially equal but msninfringing egopmmt, or modify a so a become ro niafcia,mg. 15. INSOLVENCY. If the Seller shall become insolvent or houA apt, make an assignment for the, benef of creditors, appoint a or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofterms used or the interpretation ofthe agreement and the rights ofall parries hereunder shall be renewed under and governed by the laws ofhr Stem ofColomde, USA. The following Additional Conditions apply only in cases where the Seller is to Perform work hereunder including the services of Sellers R,mwnmtive(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall many, oa said work at Sella s own risk until the same is rally completed it accepted, and shall, or e army accident, destruction or injury inthe work and/or materials before Sellers final completion and aireptafce, complete the work at Shcefs 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 saute at the life and become responsible therefor a fang], such materials -&a, 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 corn madion, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents is accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive genial liability including, but not limited to, command and automobile public liability insurance with bodily injury and tlmlb limirs d m least $300." for any one Nixon. $500,000 for any one accident and property damage limit pa accident of S400,000. The Seller shall likewise taluire his , if any. to preside for such compensation and insurrs ance. Before any of the Sellers or his commdo employees shall do any work upon the premises of offers, the Seller shall famish the Pm<naser with a cenificutr that such compression and insurance have been provided. Such monficafes shall waify, the date when such ampensation and irsurance have been provided. Such renifates Shall specify the date when such competxwtion and insurance expires. The Seller agrees ram such comlaensmiaa and insurance shall be maintained and arm, the entire work is completed and acceptat 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby examines the entire rewomibiliry and liability for any and all damage, loss or injury ofany kind or .cure cle azwom Ira persons or property caused by or nwilling from the execution of the work provided for in this parenae order or in connection herewith The Sella will indemnify and hold harmless the Purchaser mJ any or all of the Pmchaers oRcers, ages and employees from end agmm any and all claims, lasses, damages. charges or expenses whether direct or indirect, and whether to Reactors or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchacr, or its officers, agems or employees at any time on account or by rearm of any act, action, neglect, omission or default of the Seller of any of his contractors or my of its or their officers, agar, or employees as, aforessid, the Seller hereby agrees in assume the defense thereof and m defend the same at the Sellers own expense, to pay any and all costs, charges, atmmrys fees and other expenses, any and all judgments that may be incurred by or churned 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 against the property of the Purchaser, or said parties in or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved end discharged by giving band or odmrw A,. Thr Seller and his contractors shall take all safety precautions, famish and install all guard necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including• but without limitation, the Occupational Safety and Ilalth Act of 1970 and all roles and regulations issued pursuanttherein. Revised 02l2014