Loading...
HomeMy WebLinkAbout171314 INNOVATIVE INTERFACES INC - PURCHASE ORDER - 3214291 (3)PURCHASE ORDER PO Number Page Cliy. of PURCHASE 3214291 lofs Flirt Collins I„s This number must appear !-\V`I V ` 1 1 on all invoices, packing sli s and labels. Date: 10/13/2014 Vendor: 171314 Ship To: PUBLIC LIBRARY (MAIN) INNOVATIVE INTERFACES INC 201 PETERSON ST 5850 SHELLMOUND WAY FORT COLLINS CO 80524-2990 EMERYVILLE CA 94608-1901 Delivery Date: 01/10/2014 Buyer: DAVID CAREY Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED, DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A _ PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity UOM Unit Price Extended Ordered Price 3 Addendum to OB #3214291 1 LOT LS 5,279.00 Per INV-INCO2474 7/31/14 (req 48276) 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 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. COMMERCIALDETAILS. Tax exemptions. By smtum the City i Fon Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption CMificaN of Registry 84 6000581 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1923, Chapter 39-26,114 (a). Goods Rejected. GOODS REJECTED due to failure to meet sped ficabores, either when shipped or due to defects of damage in tramil, may be muted to you for credit and are not to be replaced except upon receipt of written instructions from the City of Pan Collins. Inspection. GOODS are subject o the City of Fort Collier inspection on moval. Final Acceptance. Receipt of the merchandise, se r equipment in response to this order canresult in outhadred payment on the pert of the City of Foe Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. Freight Terms. Shipments must be F.O.B., City of Tom Collins, 700 Wood St, Poo Collins, CO 90522, unless otherwise moci Bell on this order. If permission is given to prepry freight and charge separately, the original freight bill most acmmpany invoice. Additional charges for picking will tart be acceptrd. Shipment Dismnce. NTere manufwormas Eric distributing points in ..an phis of Be country, shipment is expected to.m the nearest disribmull point to danchim, hind excess freight will be deduced! from Invoice when shipments are made from greater distance. Repair, Seller shall procurt al sellers sole cast hill necessary permits, certificates and lit. mryiral by all applicable laws, regulations, ordinance mid roles of the state, municipality, territory or political subdivision where the wars is performed, or required by any other duly emotional public authority hiving jurisdiction over the work of vendor. Seller furtber agrees to bold the City of Fall Collins harmless from and against all liability and loss incurred by ahem by reason of an asserted or established violation of my such laws, regulations, ordirs., roles and respirators. Aothncluim, All parties to fir contract agree that fie representatives are, in fast, bona fide and possess full and complete authority Ira bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance 10 the teem cad conditions limed herein set form and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or di@reran terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE. ADVISE, PURCHASING AGENT immediately ifyou wanot make complete shipment to prove an yam promised delivery date to noted Time is ofthe aware. Delivery and Performance most be eRated within the time stead on the purchase coda and the documens shall hereto. No act. of the Purchasers including, without linmiurtinn, acceptance of partial late deliveries, shall operant as a waiver of this provision. In the e..at ofany delay, the Purchaser shall have, in addition to other legal and egnimble remdiq the option ofplacing this order lsewhere and holding the Seller liable far damages. However, the Seller shall not he liable for damages as a result of delays due to causes not resonant foreseeable which are beyond in ..liable control and without is fault of negligence, such acts of God, has ofcivil (it military ankh err nibs, governmental pnkuilw., fires, strikes, Mood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within live (5) days of he time when the Seller first rtcdved knowledge thermt In the rant of any such delay, the dam of delivery shall be extended for fie peril equal to the time actually last by reawn ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this meet will conform with applicable drawings, specifications, samples pallor other descriptions given, will be fit for the purposes intended, and performed with the highest degree of cart and competence in nccordence with aecepte standards fat work of a 'tail., nature. The Seller agrees m hold the purchaser harmless from any lass, damage or expense which the Purchaser may su0'er or incur on account of the Sellers beach of warranty. The Seller shall replace, repair or make god, without cost to the puchasen any defects or faults mixing within one (I) year or within such longer period of time as may he prescribed by law or by the terms of any applicable wmtanry provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delaya), resulting from impmfcer or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this womanly. Except as otherwise provided in this purchase order, Be Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing waranfies or guarantees, but such liability shall in no event include loss ofprmfits or loss of ase. NO IMPLIED WARRANTY OR M ERCHANfABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal icmts by w'ramp change order. 5. CHANGES IN CONUMERC1AL TERMS. The Purchasrnay make any dotage, m the am,, other than legal moral, including additions to or deletions from the quantities originally ordered in ode alai ricmions or drawings, by verbal or written change order. If any such change affects the amount due or the time of pe hear ande hereunder, an equitable djoement shall be made. 6. TERMINATIONS. 96e Purchaser may at any rinse by written change uodea terminate This agreement to to any or all portions of the gods then not shipped, subject to any equitable adjustment between the parties ar many work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated pmfds on the uncompleted portion of the goods andior work, for incidental or comequentol damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any oftheir obligations as to any goods delivered hereunder. 9. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days farm the date the change or termination is ordered. g. COMPLIANCE WITH LAW. The Seller warrens that all goods sold bere o da shall have been produced, sold, delivered and finished in strict compliance with all applicable laws and regulations to which the good are subject The Seller shall execute pod deliver such documents as may be required to effect or evidence compliance. All Inws and regulations capital to be Incorporated in agreements of this character are hereby incoryor aid herein by this reference. The Seller agrees to indemnify and hold the Purchaser bmmless from all costs and dmimges suffered by the Purchaser as a result of the Seller failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any =con due or to become due hereunder without the poor wrinm cement of the other parry. 10. TITLE.. The Seller warrants full, clear and unrestocred title to the Purchaser for all equipment, materials, and items famished in performance of this agreemen, may nand clear of any and all fixes, msnictiom, observations, security interest ercumbraacm and claims ofothers. 11. NONWAIVER. Failure of the Purchaser to insist no strict perfotmance of the on. and conditions hereof, faille, or delay to xy rights or remedies provided herert in or by law, failato promptly notify the Seller in the event of a breach, eancthe mttptana of or payment for goods hereuridm or approval ofthe design, shall east release the Seller of any ofthe warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist span strict perfumance hereof or any of its higher or remedies as to any such ponds, regardless of when shipped, received or accepted, m to any are or subsequent default hereunder, nor shall any purposed oral nomination or rescission of this purchase order by the Purchaser operate or a waiver of any of the be. hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller mad the Purchaser recom re that in actual economic practice, o erclmrges resulting farm number violations are in fast home by the Purchaser. Thcrto cfore fo good caul add as consideration for executing this purchase order, the Seller hereby radial in the Purchaser any and all claims it may now have or hereafter acquired under federal orstate antioost laws far such o mchargas relating m the puniall, gads or scrvrees purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifile Purchase, directs the Seller to comet nonconforming or defwrive goods by is dare to be agreed upon by the Producer and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Sella shall pay all cosB associated with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of rile Patty refund and shall extend so the directors, officers and employees ofsuch parry. The Sellers e.lithium.[ obligations, including wammly, shall not be damsel 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 any design, device, material or process covered by letter, patent, trademark copyright, roe Sella ,],all indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with Be contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to gay by reason of such infringement at any time during the prosecution or alter the completion of rue work. In case said equipment or any pan thereof or the intended use of the goods, is in such snit held to constitute inGingement and the use of said equipment or pan is enjoined, the Seller shall, at its own express, and an its option, either procure I'or the Pumharer the right to continue using said equipment or pans, replace the same with substantially cytul brat communing ampersand, or modify it so it becomes tmninGnging. 15. INSOLVENCY. If the Seller shall become insolvent or mankind, make an assignment for Be benefit of creditors, appoint a receiver m mmtee for any of the Sellers property or bmummes, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definiticm of terms rated or the interpretation ofthe agreement and the rights of all parties hereunder shall be construct maker and governed by the laws ofthe Stale of Colorado, USA. The following Addui... I Conditions apply only in where the Soler is no perform work, hereunder, ncluding the services of Sellers Representative(s), on the premises ofother, 17. SELLERS RESPONSIBILITY. The Seller shall carry m said work al Sellers was risk anril Be same is fully completed and accepted, and shall, in u of any accident destruction or injury to the work harbor taamridh before Sellers final completion and acceptance, complete the work at Sellers own expense and to the saisfi ction of the Purchaser. When mmenals add equipment art famished by others for insulation or election by the Seller, the Seller shall recent, unload, same, and handle same in the site and become responsible therefor as though such materials andier equipmenr were being fumishd by the Seller under the order. E. INSURANCE. The Seller shall, at his own expense, provide fat the payment of workers compeasafon, including eversh Tonal disease benef n, to its employees employed on or in connection with the work covered by this pureluse peer, ambor to their dependents in anc amine with the laws of the state in which the wad is to her done. The Seller Shall else carry comprehensive general liability including, but not limited to, contractual and automobile public Inutility insurance with tidily injury and death limits of at least 330f000 for any one person, 5500,000 far any one accident and property damage limit per accident of 5400,000. The Seller shall likewise regain, his correct if any, to provide for such compensation and insurance. Before any office Sellers or his rommnors employees shall all, any work upon the pacmises of others, the Seller shall Finnish the Purchaser with a asifcate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have ban provided. Such certificates shall specify the date when such confabulation mod announce expires. The Setter agrees that such component and insurance shall be maintained unfit after the entire work is completed oak accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hardly assumes the entire responsibility and liability for any and all damage, loss or injury ofully kind or nature whatwever to permns or parpedy caused by or resulting farm We execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Purchasers officers, maps and employee, film and .gain. any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may he put or subject by bro n of any act, action, neglect, omission or default on the pan ofthe Seller, my of his contractors, car any of the Sellers or commctors officers, agents or employees. In wee any suit or other proceedings shall be brought apt= the Purchaser, or its oRcers, agents or employee, al any time on account or by reason of any m, action, neglect emission or del'mlt of the Seller of my of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof ad to defend the same or the Sellers own experts, to pay any and all costs, changes, a mancy, fees and other expenses, any and all judurrno tam may be incurred by or obtained against the Purchaser or my 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 ofthe Purchaser, or said ponies in or as a result of such suits or other proceedings, the Seller will at once cause the same to be disco ved and discharged by giving board or otherwise. The Seller and his comracmrs shall take all safety precautions, famish and immll all guards necessary for the prevention of accidents, comply with all lass and regulatioas with regard to saibry including• but without limitation, fie Occupational Safety and Health Am of 1970 and all rules and mutilations issued pursuant fereto. Revisal Wall