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HomeMy WebLinkAbout424650 DIANE FINDLEY MCLAUGHLIN - PURCHASE ORDER - 9144584 (3)Fort Collins Date: 10/24/2014 Vendor: 424650 DIANE FINDLEY MCLAUGHLIN 310 N SHERWOOD ST FORT COLLINS CO 80521 PURCHASE ORDER PO Number Page 9144584 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: 08/11/2014 Buyer: PAUL, GERRY Note Line Description Quantity UOM Unit Price Extended Ordered Price 3 Amendment # 2 1 LOT EA 2,014.00 Req # 48363 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.com Pay terms net 30 days Invoice Address City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terros and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exempfimu. By mane the City of I mt Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Rwenoe, Deaver, Colorado per. Colorado Revisal Srtura 1973, Chapter 39-26.114 (a). Goods Rejected. GOODS REJECTED due W failure W meet specifications, either when shipped or due to defects of damage in ..i,, may be resumed on you for main and art not to be replaced except upon receipt of whom instructions from the City of For Collins. Inspection. GOODS are subject W the City of Fan Collins inspection on arrival. Find Acceptance. Receipt of the memh ix, services or equipment in respanme to this order can result in amhomed payment on the pan of fhe City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is deposition noon mmpinion ofall applicable retained inspection pmmdura. Freight Teas. Shipments mush be F.O.D., Ciry of Fort Collins, 700 Wood St, Fort Collin, CO 80522, unless otherwise s,vvifiW ran he, antler. If permission is given to prepay freight and charge separately, the original freight bill most accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various pans of be country, shipment is expected but the nearest dadbution paint W datiradon, and excess freight will be deducted from Invoice when shipmmes are suede from Beater distance. It. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the rims and conditions hereof, failure or delay W exercisy rights or remedies provided herein or by law, failam to promptly notify the Seller in the event of a beach,wathe acttptmtt ofor payment for goods hermal or approval rdic design, shall not let. the Seller of any of be xanavties or obligations of this purchase order and shall not be deemed a waiver of my right of the purchaser to insist upon indict perfortnmce hamper any of its rights or remedies as to any such goods, regardless of when shipped, received or necepred, as to any prior or subsequent default har, andeq we shall tiny purported am] modification or rescission of this purchase order by the Purchaser operate a a waiver of any of the terms hereof 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the taximeter recognise ant in acsea] aromatic practice, o erchar rev ..If, form antitrust ,mAniodu are in fact bare by be Purchaser. Thererofore, for Bond cause and as conideration for executing this purchase order, the Seller hereby assign to the Purchaser any and all claims it may now have or hereafter acquired undo fedeml or state amiuust laws for such overcharges relating to the pmticular goods or services Purchased or acquired by the Purchaser pursuant to this purchase odder. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser direct the Seller to correct nonconforming or defective goods by a date to be agreed upon by the purchaser and the Seller, and the Sclia dramatic, indicates its inability or unwillingness to comply, the Puchaer may cause the work to be pcnfmmed by the most expeditious mmeas available to it, and the Seller shall pay all most, asea dial with such work. Permits. Seller shall pmeme at sellers sole cost all re aary pemfits, matifeatei ard licenses required by all applicable laws, regulations, ordinances and rates of the star, municipality, tertilory or political subdivision where the work is pafom cd, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and agaiat all liability and lass incurred by them by reason of an awned or established violation of any such laws, regulations, ordinances, rates and nNuirements. Audmvztion. All parties to this contract agree that the rtprexntatives are, in fact, bona fide and possess full and complete authority W hied said Lumber. LIMITATION OF TERMS. This Patch., Oder expressly limits emepranm to the terms and ambitious stated herein set firnh and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejecust Z DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately tryout canan make complete shipment to arrive on your promised delivery date as noted. Time is of the asente. Delivery and performance most be effected within the lime stated on the purchase order and the documents attached harem. No was of the Purchasers including, without limitation, oce,bace of partial late deliverer, shall operate as a waiver of this provision. In the went 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 Seller shall not be liable for damages as a result of delays due to causes not reaamably foreseeable which are beyond its reasonable central and without its fault of regligence, such acts of God, acts of civil or military authomies, governmental priorifirs, firs, strikes, Rood, epidemics, wars or riots provided Nat not, of the comblimis musing such delay is given W the Purchaser within five (5) days of the time when the Seller first received knowledge thereoL In the ream of any such delay, the date of delivery shall b , exemded for the period equal to the time actually Iat by return ofNe delay. 3. WARRANTY. The Seller warrants that all goods, articles, consists and work covered by this order will conform with applicable derwims, spacificatrour, samples andfor other descriptions given, will be fit for the purposes intended, artd performed with tier highest degree of tart and mmpetcnee in arcordance with accepted srandarda for work of a similar nature. The, Seller agrees to hold the Purchaer harmless from any loss, damage or expensr which the Purchaser may sufferer incur on account offer Sellers beach of warranty. The Sella shall replace, repair or make good, without cost to the purchaser, any defects or faults alising within one (1) year or within such longer period of time as may be prambcd by law or by the arms or any applicable wart provided by be Seller after the date of acceptance of the goods famished hereunder (acceptance not to be mans ma dy delayed), making from imprrf t or defective work done or materials furnished by the Seller. Acceptance or rue of gaols by the Purchaser shall not constitute a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hcmander shall extend to all damages proximately caused by the beach of my of the foregoing warranties Or guarantees, but such liability shall in no ,at include loss of probes 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 oiler 5. CHANGES IN COMMERCIAL TERMS. The purchaser may make any changes to the tams, Other than legal tern. including ndAitinna to or deletions from the quantities originally ordered in the specifications at drawings, by verbal or wrinea change Order. If any such change affeds the amount due or the time of performance hereunder, s r equitable edjatmrnt shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreem:mn as no very or all portions of the goods then not shipped, subject to any equitable adjustment between be parties ul to any work or materials ben in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of ds, gaol arbor work, for incidental or crosequential damages, and that no such adjustment be made in favor of the Sella with respect to any goods which art the Sellers smadand suer. No such termination shall relieve the Purchava .,,he Seller ofany of their oth,wons as m any goods delivered hereunder. ). CLAIMS FOR ADJUSTMENT. Any claim for reEterval must be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Sella warrens the all goods cold hereunder shall have Bern produced, cold, delivered end ftunuhed in iron compliance with all applicable laws and regulations W which the good art subject. The Sella shall execute and deliver such documenes as may be earned to effect or evidence compliance. All laws and rcSdations requied to be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees W indemnify and hold the Purchaser harmless from all casts and damages wRerd by the Purchaser ul a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, o-aafer, or convey this order, m tiny monies due or to become due hereunder without be prior wrinm coaenl 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 tiers, restrictions, umaxo nona, security interest ancumbeent. and claims ofothers. The Seller shall release the Purchaser and its contractors of any tier firm all liability and claims of my nature newhing from the performance of such work. This mlease shall apply even in the event of fault of negligence of the parry released and shall extend W the directors, officers and employees of such Parr,. The Sellers rentractml obligations, including warranty, shall not be deayed W be reduced, in any way, became: such work is performed or caused to he performed by the Purchaser. 14, PATENTS. Menever the Seller is required to use any design, device, material or process covered by letter, patent, trademark r copyright, the Seller shall indemnify and save hmmlas the Purchaser from any and all claims for infringement by reason of be use of such patented design, device, material or process in connection with the contract, and shall indemnify be particular for any cast, expense or damage which it may be obliged W Ray by reason of such impingement many time during the pmccation or alter the completion of the work_ In case said equipment, or tiny pan thereof or the intended use of the goods, is in such suit held to coatiate inpingar em and the tau of said equipment or pan is enjoined, the Seller shall, at its awn expense and at its option, either procure fro the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but naminfringing equipment, or modify it so it becomes mninfdnging. 15. INSOLVENCY. If the Seller shall become insolvent or badmpt, make an assignment for the berth of creditors, appoint a receiver err fnavre for any of the Sellers pmpefty or business, this order may forthwith be manned by the Purchaser, without liability. I& GOVERNMG LAW. The definition oftener used or the imam morin of the agreement wit the rights of all parties hereunder shall be constmed under and govemed by the laws ofthe State ofColomdo, USA. The following Additional Conditions apply only in cases where the Sella is W perform work hereunder, including the services of Sellers Repre areatiee(s), on the Premises o'othem 17. SELLERS RESPONSIBILITY. The Seller shall may oa said work at Seller's own risk until the same is Polly mmplaed and accepted, and shall, in e of my accident, destruction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Sellers awn expanse and to the satisfaction of the Purchaser. When materials and cquipmem are fumuhed by others for installation or erection by the Sella, the Sella shall receive, udoaq sort and handle same of the site and bcome responsible beefar as though such materials work. eryipmmt were being famished by doa Sella ender be order 18. INSURANCE. The Seller shell, at his own expense, provide for the payment of workers compersation, 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 in accordance with the laws of the some in which the work is to be done. The Seller shall also carry comprehensive general Lorain, including, but Out limited to contactual and automobile public liability iaur . with bodily injury and death limits of an It. $300,00(1 far any orrc p[.n. S500,00b) far any one accident and property damage limit per accident of S400.000. The Sella shall likewise nature his contractors, if any, W provide for such mmpenation and inmanm. Before any of be Sellers at his contactors employees shall do any work upon the premises of others, be Sella shall famish the Purchaser with a eerfificate that such compensation and insurance have been provided. Such cenifmtes shall specify the Men when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agar that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the rnrire responsibility and liability for any and all damage, loss Or injury ofaay kind or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in this parch se order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any cr all ol'the Purchasers effects, agents and employees from and against any and all claims, losses, damages, harges or expanses, whether direct or indirect, and whether W persons or property to which the Purchaser may Last put or subject by reason of my act action, neglect, omission or debull on the pan of the Sella, any of his contractors, or any of the Sellers ors mnttacton officers, agents or employees. In ruse tiny wit or other proceedings shall be brought against the Purchaser, on its opposes, agenes. employees st my time on account. by reason of any act, action, millers, omission or default of the Sena of my of his contractors or any of its or their officers, agents or employees as afarewid, the Sella hereby agrees to assume the defense thereof and to defend the more at the Sellers awn expense, to pay any and all casts, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtainal against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in cane judgment or other lien be placed upon or Obtained against the property of the Puochaver, or said parties Po or as a taint of such suits or other proceedings, Law Seller will at once max the some to IR dissolved aM discharged by giving hand or oulawix. The Server and his contactors shall coke all safety precautions, fumuh and imtall all guards ma esssfy for the Pri mdan of mcidents, comply with all laws and regulations wit regal ao safey' including, but without limitation, the Occupational Safety and Health Act of 1970 and all rates start regulations issued pursuant theneW. Revised 0212014