HomeMy WebLinkAbout456874 WARD LUTHI - PURCHASE ORDER - 9146286Fort Collins
Date: 10/28/2014
Vendor: 456874
WARD LUTHI
520 N SHERWOOD #B30
FORT COLLINS CO 80521
PURCHASE ORDERPO
914628er Page
146286 tofz
This number must appear
on all invoices, packing
sli s and labels.
Ship To: FORT COLLINS SENIOR CENTER
CITY OF FORT COLLINS
1200 RAINTREE DRIVE
FORT COLLINS CO 80526
Delivery Date: 10127/2014 Buyer: WILSON, JILL
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
I FCSC Italy trip
Inv. No. ITL 11-2014
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, Fart Collins, CO 80522-0580
Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com
1 LOT LS
5,000.00
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. CObIMERCIAL DETAILS.
Tax exemptions. By source the City of Fort Collins is exempt from store and Imal taxes. Our Exemption Number is
11. NONWAIVER.
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of
Failure of the Purchaser to insist upon strict performance of the as. and conditions hereof, failure err delay to
formal Revenue, Denver, Colorado (Ref. Colorado Revised Stances 1973, Chapter 39-26, 114 (a),
exercise may rights or remedie, provided herein or by law, failure or promptly notify che Seller in the event of a
breach, the acceptance arm payment for goods lamunda or approval ofthe design, shall not release the Seller of
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
adY of the wanania or obligations of this proctors, order and shall not be deemed a waiver of any night of the
damage in transit, may W Telumed to you for credit and me not to be replwed except upon receipt of written
purchaser to insist upon scan performance hereof or any of its rights or remedies as to any such goods, regardless
instructions from the City of Fort Collins.
of when shipped, received or accepted, to, to any pd., or subsequent default hereunder, nor shall any gowned
oral mall ficaton or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms
I re,ectim. GOODS are subject m the City of Port Cull ins inspection oa artival.
hereaf.
Final Acceptance . Receipt of the merchandise, semis. or equipmenl in respnme co this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment an the pan of the City of Fart Collins. However, it is to be understood that FINAL
Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from .notion
ACCEPTANCE is dependent upon completion of all applicable acquired inspection procedures.
violations are in fact bame by the Purchase. Therewan, for good cause and u consideration for executing this
purchase order, the Seller hereby assigss to the Purthaser any and all claims it may vow have or hareafter
Freight Terms. Shipments most he F.O.B., City of Fort Colins, 900 Wood St, Ton Collins, CO 80522, unless
acquired under federal or suite antitrust laws for such overcharges miming as the particular goods or services
missio lu specified on as order. if'smission is given to prepay freight aM charge separately, the original freight
rental or m mand by the Pumhat pursuaano this purchase order.
bill moo accompany invoice. Additional charges for picking will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance Where monnfatlura, have diavibmting points in various xmis of the country, shipmenera
If the Purchmer dimcts the Seller a correct nonconforming or detective goods by a date to be agreed upon by the
expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when
Proclauer and the Sella, and the Seller daucaOer indicates its inability or unwillingness to comply, the Purchaser
shipments am made from greater distance.
may cause the work to be Performed by the most expeditious meats available to it, and the Sella shall pay all
calls associated with such work.
Permits. Seller shall procure at sellers sole can all neccomy permits, adificates and licenses mimand by all
applicable laws, m datimm, ordinances and mlea of the scare, municipality, territory or political subdivision where
The Seller shall talcum the Purchaser and its contractors of any tier from all liability and claims of any nature
the work is performed, or required by any other duly constinned public authority having jurisdiction over the work
resulting form the performance ofsuch work.
of vendor. Seller further agrees to hold the City of Tart Collins harmless from and against all liability and lass
inctural by them by reason of an aimed or established violation of any such laws, re'alatinns, ordinances, roles
This release shall apply even in the event of fault of negligence of the party released and shall extend to the
and requirements,
directors, Officers and employees ofsuch pan,.
Authorization. All parties to this contract agree that the representatives me, in fact, bona fide and pasuss fall and
complete authority to bind said ponies.
LIMITATION OF TERhIS. This Purchase Order expressly limits acceptance to the mats and conditions stated
herein vat Rich and any supplementary or additional terns and conditions annexed hereto or incorporated hc¢in by
ref m. Any additional or diRetmtta. and conditions proposal by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately tryout cannot make complete shipment to curve an your
promised delivery date as noted. Time is of the essence. Delivery and Performance must he infected within the time
stated on the purchase order and the documents moched hereto. No arts of the Parchasers including, without
limitation, acceptanee of panial late deliveries, shall upemm as a waiver of this provision. In the event crony delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option ofpladng this order elsewhere
and holding the Seller liable for damages. However. the Seller shall not be liable for damages as a esair of delays
due to causes not reasonably foreseeable which arc beyond its reasonable central and without its fault of negligence,
such acts of Gad, aces of civil or military authorities, governmental priorities, 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 the
time when the Seller first received knowledge thereof In the event of my such delay, the date of delivery shall be
extended for no period ryun to the time actually last by reason of the data,.
3. WARRANTY.
The Sella warrants Ohm all goods, articles, materials and work covurcd by this order will confotm with applicable
drawings, speciftmficam, samples aedsm other descriptions given, will h fit for the porymes intended, and
performed with the highest degree of ere cook competence in accordance with accepted standards for work of a
similar nature. The Sella agrees to hold no purchaser handless farm any lass, damage ar expense which the
Purchaser may sulltr or incur on scraum of the Sellers breach of wariamy. The Sella shall replace, repair or male
good, without cost no the pucho r, any defects or faults arising within one (1) year or within such longer period of
time as may be preacudW by law or by the mots of any applicable wanamy provided by the Seller after the date of
acceptance of the goods furnished hereunder (mecptance not to be unreasonably delayed), resulting from imperfal
or defective work done or materials famished by the Sella. Acceptance or use of goods by the Purchaser shall not
mstimte a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers
liability hereunder hall extend to all damages proximately caused by the breach of any of the foregoing warranties
or guarantees, but such liability shall in no event include loss of pmfils or lass of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Pnchascr may make damages red legal on. by written change miler.
5. CHANGES IN COMMERCIAL TERMS.
The Parch:¢er may make any changes m the mom, other than legal terms, including additions to or deletions from
the quantities originally odered in the specifications or drawing,, by verbal or women change order. If any such
change affects the amount due or the time of performance hereunder, an equitable w1jusmal shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the
goods then nor shipped, subject to any equitable adjustment between the panics as to any work err materials then in
progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
portion of the goods mcV., work, far incidental or vamsegactual damages, and that no such adjustment be made in
favor of the Seller with respect o any goods which are the Sellers standard stack. No such tenniumion shall relieve
the Purchaser or the Seller ofany of their obligations in to any goods delivered hereunder.
). CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be assured within thirty (30) days from the date the change or mrmimtion is
ordered.
8. COMPLIANCE VrITH LAW.
The Seller warrnts that all goods sold hereunder shall have been produced, sold, delivered and famished in stir
compliance itch all applicable laws and regulations m which the goods are subject. The Seller shall execute and
deliver such dwumems re may be acquired to ef&d or evidence compliance. All laws and regulations required to he
incorporated in agreements of this character art hereby incorporated herein by this reference. The Seller agrees in
indemnify and hold the Purchaser harmless from all costs and damages suffered by the Puchaser n a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither any shall assign, transfeq or convey this order, or any monies due or to became due hereunder without the
prior written cement of the ocher pany.
10. TITLE.
The Seller wmmnts fall, clear and otremricted title to the Purchaser for all equipment materia[s, and items f ished
in performance of this agreement f and clear of any and all lieu, restrictions, reseryalions, security interest
crearbmnces and claims afodrers.
The Sellers contractual obligmiou, including warranty, shall nut M decimal m be reduced, in any way, because
such work is performed or caused to be performed by the Purchaser.
14. PATENTS.
\Menesa the Sella is requital to use any design, device, material or process covered by lever, pmar, trademark
or copyright the Seller shall indemnify and save hamlets are Purchaser from any atd all claims far infringement
by reason of the use of such patented design, deice, tetanal or poem in connection with the mntmd anal
,ball indemnify the purchaser far, any test expem'e or damage which it may be obliged to pay by reawn of such
infringement at any time during the preaccommis or after the completion of the work. In case said equipmenl, or
my pad thereof or the intended use of the goods, is in such sail held to cautious arrangement and the use of
said equipment or pan is enjoined, the Seller shall, at its own capcnu and at its option, either prance for the
Purchaser the night in continue using said equipment or parts, replace the same with substantially equal but
na nufnngiog equipmenl, m modify it m o becomes naninMnging.
15. MSOLVENCY.
If the Seller shall become insolvent or bankrupt make an assignment for the benefit of creditors, appoint a
receiver or trustee for any of the Sellers pre ary or business, this order nay forthwith be canceled by the
Noncom without liability.
16. GOVERNING LAW.
The definitions, of farms used or the interpretation arts, agreement cud the rights of all parties hereuvda shall be
confirmed under and governed by the laws of the Store ofCalamdo, USA.
The following Additional Conditions apply only in eases when the Sella is to Panama work hereander,
=]oil W the services of Sellers Re rasa mnce(s), on the pmniscs ofochers.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sellers awn risk until the same is fully completed and accepted, end shall,
in e of any accident, destruction or injury to the work andtor materials before Sellers final completion and
acceptance, complete the work at Seller's own expense and to the snlisfction 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 same at the site and become responsible therefor as though such material, cantor equipment
were bang famished by the Seller under the order.
18. INSURANCE.
The Sella shall, at his own expense, gamble for the payment of workers compensation, including occupational
disease benefits. w its employees employed on Or in command with the work covered by this purdess, order,
Orkin to their dependents in accordance with the laws of the scale in which the work is to W done. The Sella
shall also carry comprehensive genenl liability including, but Out limited to, contractual and automobile public
liability ins muse. with bodily injury and death limin of or least 53ug0o0 for any m¢ parson, 5500,000 far any
me incident and progeny damage limit pa accident of $401 The Seller shall likewise acquire his
ontractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his commands
employees shall do any work upon the premises of others, the Sella shall famish the Purchaser with a cedificate
that such compensation and insuance have been provided. Such caufl mes shall specify the date when such
ampensolion and insurance have been provided. Such cedificame shall specify the date when such compensation
and insurance expires, The Seller agrees 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 entire responsibility and liability for any and all damage, has or injury of any kind
or nature whatsoever to persons or pmpmy caused by or resulting from the execution of the work provided for in
Nis purtb eau order or in connection herewith. The Seller will imlemnify and hold hamless the Purchaser add any
r all of the Purehssers frivers, agents and employees from aM against any and col claims, losses, damages,
charges or expenses, whether direct or indiretn, and whedmr m persnu or property, to which the Pmcluser may
W put or subject by reasons of my act action neglect omission or default on the pan of the Sella, any of his
commands, or any of the Sellers ar commuscom, officers, agents or employees. In case any suit or am"
proceedings shall be brought against the Purchases, or its olfrcars,.'cuts or employees at any time on account or
by rea»n of any act action, neglect omission or default of the Sella of my of his exatractors or any arms or
their officers, .gents or employers as aforesaid, the Sella hereby agrees n assume the defense thereof and to
defend the same at the Sellers own expenses, to pay any and all costs, charges, atmmeys foes soul ocher expenses,
my and all judgments that may be intoned by or obtained against the Purchaser or any of in or their officer,
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 panics in or as a result of such suits or other pmeeedings,
the Seller will at once cause the same to be dissolved and discharged by giving lend or otherwise. The Seller and
his contractors shall coke all safety preceurions, famish and install all guards necessary for the prevention of
accidents, comply with all laws and regulations with regard to safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto.
Revised 092014