HomeMy WebLinkAbout492932 BRAX LTD - PURCHASE ORDER - 9145655Fort Collins
Date: 09/30/2014
Vendor: 492932
BRAX LTD
2002 EASTWOOD RD, STE 202
WILMINGTON NC 28403
PURCHASE ORDER
PO Number Page
9145655 1of2
This number must appear
on all invoices, packing
slips and labels.
Ship To: PARK MAINTENANCE
CITY OF FORT COLLINS
413 S BRYAN
FORT COLLINS CO 80521
Delivery Date: 09/29/2014 Buver: WILSON. JILL
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 2014 Fundraising Program
Order #STDM00029852
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.mm
1 LOT LS
Total
Pay terms net 30 days
Invoice Address:
11.113.19
1.113.19
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terrns and Conditions
Page 2 of 2
I. COMMERCIAL DETAILS.
Tax exemptions. By statute she City of Pon Collin is exempt from scam and 1eca1 saes. Oar Exemption Number is
I I. NONWAIVER.
Failure of the Purchaser or insist upon strin performance mars; of the mand mMitiem hereof, firlore or delay in
98-04502. Federal Excise Tax Exemption Cenificam of Registry 84-600 NG h registered with the Collromr of
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Smmtes 1973, Chapin 39-26, 114 (a),
exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller m the event of a
breach, the acceptance of or payment for good, hereunder or approval of the design, shall not release the Sellerof
Goods Rejected. GOODS REJECTED due to failure to meet sped fication, either when shipped or due to defects of
any of the warranties or obligations of this purchase oNer and shall not W deemed a waiver of on, nght of the
damage in uami, may be retuned to you for credit and are trot 1. be replaced except upon receipt of "lien
purchaser to insist upon strict performance hereefor my of its rights or remedies as to my such goods, regardless
instructions from the City OfFort Collins.
of whm shipped, received or accept ld, on to my prim or subsequent default hereander, nor shall my pugaoned
east modification or rescission of this purchase order by the Purchaser agent, c a waiver of any of the terms
Inspccaim. GOODS are subject 1. he City ofFort Collins inspection oa moral,
hereof.
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can r esult in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
amhmaed payment on the paCollins n of the Cm, Fon ColliHowever, it is to be undmto.d thatFINAL
Seller and the Purchaser recomwe Nat in actual economic practice, overcharge resulting boom antitrust
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
violations m, in fact Wme by Ne Porch st Theretofore, fro good close aM as comidemlim far exerting Nis
Purchase order, the Seller hereby assigns to the Purchaser any and all claims a may now have or hereafter
Freight Tenets. Shipments must be F.O.D., City of Fon Collins, 700 Woad St., Full Collins, CO 90522, unless
acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services
otherwise specified on this order. If permission is given to prepay fttight and charge separately, the original freight
purchased or acquired by the Purchaser pursuant to this purchase order.
bill must accompany invoice. Additional changes for packing will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacturers have in vanuspaae thedfrommoney. min
Pumhundirect Ned byadam to bee ut by
iocoreneammnfoming ordabiliiy
HillPurchaser
de voice
distribution Point m destination and excess freight will be dedoned from Invoice when
from the sea .desiination,and ace
complyede
Purchthc
Cher
unwillingness to comply. the Purchaser
Purchaser and the Seller, and the Seller thereadfier io inability at un
sexpectedhipmen nk
shipment are male from greats distance,
mosindicates
v
may cause the work to be by the most expeditious means available to it, and the Seller shall D:aY all
orfnmeJ
costs associmcJ with such work.
Females. Seller dull pnwtm at sellers .Is at all nmesvry pennies, certificates and licemes required by all
applicable lass, regradmions, o,due.. end rules of Ne dram, municipality, territory or political subdivision where
flue work is performed, or required by my other duly constituted public authority havingjuo union over the work
of vendor. Seller farther agrees to hold the City of Fun Collins harmless from and against all liability and loss
incurred by them by mr on of an asserted or established violation of any such laws, regulations, ordinances, rules
and requirement.
Authoneation. All panic to this contract agree that the represenratives are, m fan, bona fide and possess full and
..,film andimity to bind said ponies.
LIMITATION OF I LEWIS, This Purchase Order expressly brim acceptance to the mast and conditions stated
herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by
reference. Any additional or difierenl terms and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou an., make complete shipment to move on your
pramfscd delivery date as noted. Time is of the essence. Delivery and performance at be eff ined wifm the lime
slated on the purchase order and the document attached hereto. No act of the Purchasers including, without
Radiation, acceptance of partial Inc delivmes, shall operrm as a waiver of Nis provision. In the event ofany &day,
the Purchaser shall have, in addition to other legal and equimble remedies, rise option of placing this order elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays
due in asses nat....... bly foreseeable which are beyond its reasonable cortrol and without its fault of negligence,
such net of God, aces of civil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or
units provided that notice of the conditions causing such delay is given to Ne Purchaser within live (5) days of Ne
time whom Ne Seller first seised knowledge Hereof In the even, of any such delay, the dam of delivery shall be
extended for the penal eqml to the rime actually lost by reason of the delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable
dmwinga, specifications samples amVon other descriptions given, will be f for the purposes intended, and
Performed with the highest degree of care and competence in accordance with accepted semdands for weak of a
miler wore. The Seller agree to hold the purchaser homeless from any loss, damage or expense which the
Purchaser may suffer or incur on account offile Sellers breach of warranty. The Seller shall replace, repair or make
goad, without cast to the purchaser, any defect or fault arising within one (1) year or within such longer period of
time ss may be prescribed by law ar by the menu ofany applicable wammty provided by file Seller after the dam of
acceptmce of the goods furnished hereunder (mcepmnce Out a be, unreasonably delayed), resulting from imperfect
or deferivc work done m materials famished by the Seller. Acceptance or use of goods by the Purchaser shall m,
constitute a waiver of any claim under this womanly. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of 'he foregoing warranties
or gwtantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY
OR MERCI IANTABRATY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal tenets by women change order.
5. CHANGES IN C0MMERCIAL TERMS.
The Purchaser may make any changes to ere rem¢, other Nan legal teats, including additions 1. or deletion from
no, 9r anticics originally ordered in do, sperinmri.- m drawings, by verWl or rN n change oer. If my such
change affects the amount due or the time ofperfomawe hereunder, an equitable Mj ntmme shall be made.
6. TERMINATIONS,
The Purchaser may many time by written change order, mrminme this mreemem as 1. any or AI portions of the
goods then net shipped, subject to any equitable adjusemm, behsee t the parties c to my work or materials then in
pro6rese provided that ere Pmchsver shall not W liable for any claims for anticipated Fruits m the wmmPlned
portion of the goods andfor work, for incidental or consequential damages, and that no such adjusment he made in
favor of the Seller with respect to any goods which arc the Sellers standard sack. No such termination shall relieve
the Purchaser or the Seller ofany of their obligations in to any goods delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
A, claim for adjustment most bo acsenM within third (30) days from the date the change or temienot en is
ordered.
8. COMPLIANCE WITH LAW.
The Sella warrants that all goods sold Immandn shall have been produced sold, delivered and fmished in suin
compliance with all applicable laws and mpainiom is which the goad are wbjet. The Seller shall execute and
deliver such documents as may be required to effect or evidence compliance. All laws and regularlon m mud m be
incorporated in agreement of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold file Purchase. harmless from all costs and damage suffered by the Purchaser as a resuh of ere
Sellers failure a comply with such law.
9. ASSIGNMENT.
Neither party shall assign, mill or convey this order, or any monies due err a became due hereunder without he
prior written consent of the other pary.
10. TITLE.
The Seller moranis full, clear and urommicted title 1. ne purewar, for ell aryipmm, materials, and in. fmished
in performance of $is agreamm, f and clear of my and all liens, msmiclimes, res.'a.. secmiry, interim
encumbrances and claims of others.
The Seller shall release the Purchaser and it mnlmnors of any tin from all liability and claims of any mttm
..sober, from the performance notch work.
This rele m xI all apply even in the event of tariff of negligence of the any refused and shall exend m the
direcmrs, officers and empfyces of s.ch party.
The Scllds mmmnual obligations, including warranty, shall not be, deemed to be reduced, in any way, be.atte
such work is performed or Gamed m W performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required a use any design, device, material or process covered by leneq patent, trademark
or copyright, the Seller shall indemnify and save brimless the Pumbacen from any aM all claims for infringement
by reason of the we of such pamnmd design, device, mmcfial or process in 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 m any time during the powe anim or after the completion of the work. In case said equipment, or
any pan thermf or the intended use of the goads, is in such suit held to constitute infringement and the use of
said equipment or pan is enjoined, the Seller shad, at its own calcium and at it option, either piomm for the
Purchaser the fight of continue using mid equipment or papa replace the same with subliminally equal but
nminGnging equipment, or modify it on it become nminfringum.
15. INSOLVENCY.
If due Seller shall become imolvent or b:mkmp, make an nsigmnent for the benefit of creditors, appoint a
reverse, or imsme to, any of the Sellers formerly, or business, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions of teats used or the interpreestim ii agreement and the rights aped parties hereunder shall be
onsuued under and governed by the laws of the State of Colo dia, USA.
The fallowing Additional Conuidam apply only in cases where the Seller as, an perfom, work hereunder,
includingthe—a,. of`ScII. Rip acrunive(s), on Ne premisesofoncirrs.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Scllds own risk until the same is fully completed and malted, and shall,
in ease, of my loading, destruction or injury to the work aoWor awtenals before Scllds f 1 completion and
acceptance, complete the work at Sellers own exEmse, and to the satisfaction of the Purchaser. When materials
and equipment arc famished by others for installation or crenion by the Seder, me Seller shall receive, unload,
stow and handle same at the site and become responsible therefor as though such materials stupor equipment
were being Furnished by the Seller under the under.
18. INSURANCE.
The Seller shall, at his own expertise, provide for Ne payment Tworkers compensation, including occupmiowl
disease benefit, to its employees employed on or in connection with the work covered by this purchase win,
and/or to their dependents in accordance with the laws of the state in which the work is to M time. The Seller
shall also carry comprehensive general liability including. but not limited to, commctual and automobile public
liability insurance win Wilily injury and Jmuh limit of at least S30RODJ for any am Person, s500.00as for any
one accident and property, damage limit per accident of 5400,1100. The Seller shall likewise require his
contractors, if my, n provide for such compensation and insurance. Before any of the Sellers or his co tracars
employees shol I do eery work upon the premises of others, the Seller shall famish the Purchaser with a certificate
that such compensation and insurance have been provided Such cerificmes shall specify the date when such
compensation and commerce have been provided. Such certificates shall specify the data when such compenatim
and.nurmec expins. The Sella agrtes dam, such compenarion aM insmunce shall be maintained until after no
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury el any kind
r arom wMtmever to persom or property caused by or resulting from the execution of the work provided for in
this purcbue order or in connection herewith. The Seller will indemnify and Mid harmless the Producer road my
or all of the Purchasers o imO, agents and employees from and spans, any aral all claims, fosse, damages,
charges or expenses, whether direct or indirat, and whether to persons or property to which the Purchaser may
be par or subject by reaam of any act, action, neglect, emission or default on ere pan of the Seller, any of his
onfincom, or any of the Sellers or contractors officers, agents or employees. In case any suit or other
proceedings shall be brought against rise Purchaser, or is officers, agents or employees al my time on beentmt m
by reason of any act action, neglect, omission or default of fire Seller of my of his contractors or my of it or
their officers, agent or employees as aforesaid, the Seller hereby agrees to assume Ne defense therm' and to
defend the same at the Sellers awn expense, to pay any and all costs, charges, atmmeys 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 m other proceedings, and in case judgment or other lien be ploonl upon or
obtained again, the property of the Purebaur, or said pvrlies in or as a want of such suits on other proceedings,
the Seller will at once cause the same to be, dissolved and discharged by giving bond or oferwix. The Seller and
his canal shall take all safety precautions, famish and install all gamed necessary for ere prevention of
accidents, comply with all laws and regulations with regard to safety including, but without limitation, Ne
Occupational Safety and Health Act of 1970 and all miffs and regulation issued Lorimar thereto.
Revised 0717014