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HomeMy WebLinkAbout542169 STEPHEN SANDERS - PURCHASE ORDER - 9145707Fort Collins Date: 10/0112014 Vendor: 542169 STEPHEN SANDERS 2601 DAVISON DR APT C1 FORT COLLINS CO 80526 PURCHASE ORDER PO Number Page 9145707 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: 10/01/2014 Buyer: PAUL, GERRY Note: Line Description Quantity UOM Unit Price Extended Ordered Price APP Piano Project 2014 1 LOT LS 650.00 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@fogov.00m Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tends and Conditions Page 2 of 2 L COMMERCIALDETAILS. Tax exemptions. By statute the City of Fen Collins a exempt from sate and local taxes. Our Exemption Number u 11. NON WAIVER. 98-0,1502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser 10 i=kl upon strict defixtram. of the terns and amork. herwL failure or delay to Imaged Revenue, Denver, Colorado (Ref Colorado Raised Stareas 1973. Chapter 39-26. 114 (a). exercise any rights or remedies provided heroin or by law, failure to promptly notify use Seller m the event of a breach, the womplance ofor payment for good hereunder or approval ofthe design, shall not release the Sella 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 not be dammed a waiver of any eight of the damage in transit, may he returned to you For credit and we not to be replaced except upon receipt of written purchaser to insist upun strict performance hereof or any carts rights or readies as to any such goods, regardless instructions from the City of pan Collides. of when shipped. received or accepted, as many prior or subsequent default hweader, nor shall any purmood and modification or recision of this purchase Oder by the Purchaser agenda as a waiver of any of the temp litigation. GOODS are subject to Ne City of Far Collins inspection on aroma. hereof. Final Acceptance. Recap, of the merchandiu, raiders or equipment in rrsprase to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. wil orised payment on the part of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, os'achan cs resulting from intrinsic ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are infect home by the Purchaser. Theretofore, for good cause and in, consideration for executing this purchase order, the Seller hereby a xigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments matt W FO.B., Ciry of Fon Collins, loft Woad St., Fear Collins, CO 80522, it. an,mard unda faknl or state anitrust laws for such communities relating to the panicula goods or smite madman, specified on this erda. If permission is Som. to Prepay freight and charge wpmately. Ore original freight pureM1med or acquits by the Paower pursuann to this purchase arder, hill mnut aecnm=nv immice. Additional elms for=ekwor will not be astrand. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected Gam the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Sella shall paecure at sellers sole cost all necessary pennies, cerrificam. card licenses required by all applicable laws, regulations, ordinances and into of the state, municipality, territory or political subdivision where the work is Performed, or wquired by any other duly constituted public woman, havingjurisdiction over the work of vendor. Seller lumber agrees to hold the City of Can Collins harmless from and against all liability and loss warmared by than by reason of an asserted a, established violation crony such laws, regulations, ordinances, toles and reparations. Authorization. All parties to this contract agree that the mWaseative, are, in fact. bona fide and pa awass full and complete authority to bind said parries. LIMITA3lON OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different tams and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers 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 for damages. However, the Sella shall not be liable for damages as a result of delays due in causes nor reawwbly foreseeable which are beyond its reasonable central and without its fault of negligence, such arks of God, acts of civil or military minorities, gavemmental priorities, fires. stakes, read, epidemics, wars or Hots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller floor received knowledge thereof. In The event of any men delay, the dale of del very shall ba extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller awards chat all good, ankles, materials and work covered by this order will wnfotm with applicable drawings, specifications, samples soaker other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards far work of a mailer nature. The Seller agrees 1. hold the purchaser Jamaica, from any loss, damage or expense which the Purchaser may suffer or incur on account ache Sellers breach ofwamdory. The Seller shall replace, repair or make good, without cost to are pumbaser, my defects or faults arising within one (1) year or within such longer period of rime as may be presrnbnl by law or by the at. army applicable warmary recorded by Ne Sella filer the date of acceptance of the good famished heeunder (acceptance not as be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Sells. Acceptance or use of goods by the Purchase, shall not constitute 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 of any of the foregoing warranties or guarantees, but such liability, shall in an event include loss ofpmfits 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 woman change, order. 5. CHANGES IN COMMERCIAL TERMS. The Purchase, may make any changes to the rams, other than legal toms, including additions to or deletions from the quantities originally ordered in are specifications or drawinp, by veNal of written change order . If any such change affect the amnum due or the time of performance hereunder, an equitable adjustment shall he made. 6. TERMINATIONS. The Purchaser may at any time by wdnen change under, meminate this agreement m to any or all promns of the good then tool shipped, subject m any equitable adjustment between the parties m to any work or materials then in progress provided that the Purchase, shall not be liable for any claims for anticipated profits on the wcomplercd portion of the goods worker work, for twidenem or camas menial damages, and Our no such adjustment be made in favor of the Seller with respect to any goad which me the Sellers standard stock. No such mrmi=tion shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be assured within date, (30) days from are date the change or termination is ordered. I. COMPLIANCE WITH LAW. The Seller warrants Nat all good sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulatiom to which the good are subject. The Seller shall exame and deliver such d:acwnens as may be required to effect or evidence compliance. All laws and regulations required to be incorporated th agreements of this chanter up, hereby incorporated herein by this referenre. The Seller agrees to iodeaify and hold the Purnmew hatmlasx from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall nssign, member, or convey this order. or any monies due or to become due hereunder without the prior wiinw commit of the other peaty. 10. TITLE. The Seller warrens full, clear and unrestricted Lille to the Purchase, for all rymi ment, materials, and it. famished in performance of this agreement, f and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser ducats the Seller to voters nonconforming or defective goods by a dam to be agreed upon by the Purchased and the Sella. and the Seller thereafter indicates its inability or unwillingness to comply. the Purchaser may came the work m he performed by the most expeditimed means available ton, and the Sella shall pay all costs asseciakd with such work. The Sella shall release the Purchaser and its contractors of any tier from all liability and claims of any =lure resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the pony released and shall extend to the directors, officers and employees ofsuch party. The SeI1Ms wmmtml obligations, including wer aftly, nhml not b, deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchase. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, The Seller shall indemnify and save harmless the Purchaser from any and all claims for mldnparew by reawn of the we or such painted design, device, aterial or process in connection with the contract, and shall indemnify the Puahret fro any cus, expense or damage which it may be obliged to pay by crown of such infringement at any time during the prosecution or after the completion of the work. In caw said equipment. or any pan thereof or the intended use of the goods, is in such suit held To constitute infringement and the use of said equipment in pet w enjoined, the Seller shall, at its own experts and or its option, either procure fro the Purchased the right to continue using said auipmem or pans, replace the same with substantially equal but andeffi ing equipment, in modify it w it becomes ner infringing. 15. INSOLVENCY. If the Seller shall biome insolvent or bankrupt, make ao asw fistr m for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this ader may forthwith be canceled by the Purcbae without liability. 16. GOVERNING LAW. The di fr tiom oFri. used or the inrerytand.. afthe ii ead ao, and red rights of all putties hereunder shall w council under and governed by the laws ofthe State ofColomda, USA. The following Additional Conditions apply only in cases where the Sella is to perform work hereunder, including the services of Sellers RepreunUtive(sk on the premises crackers. Il. SELLERS RESPONSIBILITY. The Sella shall arty en said work at Sellers own risk until the same is fully complied and accepted, and shall, in case of any accident, :destruction or injury to the work aware, mammals before Sellers final completion and acceptance, complete the work at Sellers awn expense and to the satisfaction of the Purchaser. When materials and equipment arc famished by others for installation or auction by the Seller, the Seller shall receive, unload, store and handle same at are site and become rapo=ible therefor in though such materials and/or equipment were being famished by the Sella under the order. IS. INSURANCE. The Seller shall, or his a— aspen., provide far the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, undror to their depmadens in accordance with the laws of rise state in which the work is to be done. The Seller shall also carry compmh iae general liability including, but not limited to, com odual and automobile public liability irnwar¢e with hauls injury and dead, limits of or leazt 5300,oW for any arc pecan. SSW." for any one mcdent and prnpemy damage limit per mcidem of 5400,000. The Seller shall likewise require his contractors, if my, to provide for such compensation and imumnee. Before any of the Sellers or his commtors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a camificure that such compensation and insurance have been provided. Such cauricams shall s,wity the dam when such ompen.tion and insurance have been provided. Such cadificark, shall specify the date when such compensation and auace expire. The Seller agrees that such compeavmion and instance shall t maintained until after the entire work is complard art internal. Iik PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby ausumes the entire responsibility and liability for any and all damago loss or injury crony kind or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this pmchae, order or in connection herewith. The Seller will indeaify and hold harmleu the Purchaser and any or all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or extremism, whether direct or irdiret, and whether to persons or property to which the Purchaser may be pea or subject by season of any act, action, neglect, omission or default on the part of the Seller, any of his commenors, or any of the Sellers or contmtars officers, agents or employees. In caw any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reaon of any act, action, neglect, omisdoo or default of the Seller of any of his contractors or any of its or their rRcers, agents or employees ns aforesaid, the Sella hereby ageea to assume the defense Hereof and m defend the same at the Sellers own expense, to pay any and all cons, charges, attorneys fro and other expenses, my and all judgments That may be incurred by or obtained against the frandnur or my of is or their officers, agents or employees in such soils or other proceedings, and in caw judgment or other lien be placed upon or obtained against the mpar, of the Purenast, or said parties in or as a result of such suits or other proceedings, the Sella will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety producers, famish and itstall all gumds necessary for the prevention of overdraw, comply with all laws and regulatiom with moral to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules aard regulation issued personal Human. Revised 01`2014