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HomeMy WebLinkAbout452799 A ROYALTY COACH - PURCHASE ORDER - 9146384of Fort Collins Date: 11/03/2014 Vendor: 452799 A ROYALTY COACH 7133 N TAFT HILL RD FORT COLLINS CO 80524 PURCHASE ORDER PO Number Page 9146384 1of2 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: 11/03/2014 Buyer: WILSON, JIL-L Note: Line Description Quantity UOM Unit Price Extended Ordered Price Autumn East trip 1 LOT LS 22,234.04 Inv. dated Oct. 28, 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, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com Total Pay terms net 30 days Invoice Address: 04 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By stamm the City of Fan Collins is exempt fibrin state and local coxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Fdeml Excise Tax Exemption Cenificare of Registry 84-6000587 is registered with the Collector of Failure of the P ombecia to insist area strict performance of the terms and conditions hereof, failure or delay to Women Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). exercise any rights or countries provided herein or by law, failure to promptly notify the Seller in the event of a bleach, the acceptance ofor paymatt for goods hereunder or approval cram deign, shall not release the Seller of Good Rejected. GOODS REJECTED due to failure 10 meet sperificatione, either when shipped or due to defects of on' of the economics or obligations of this purchase order and shall Out h deemed a waiver of any right of the damage in put may be rerumed to you for credit and art not to be replaced except upon receipt of wriurn purchaser m insist upon strict performance hanarm any of its rights me remedies as to my such good, regardless irssouctions form the City of Fon Collins. of what shipped, received or accepted, a to any prior or subsequent defsult hereunder, we shall any purported and modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the tames Inspection. GOODS are subject to the City of Fan Collins inspection on armed. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in respotue to this order ran result in 12_ ASSIGNMENT OF ANIITRUSTCLAIMS. authorized payment an the part of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser megrim that in actual ec mic practice, overcharges resulting from mmmWt ACCEPTANCE is dependent upon completion ofall applicable required inspection Procedures. violation are in fact Forme by the Purehan. Thndafore,nfar good cause rand to coeideotim for executing this purchase order, the Seller hereby acsigre to dre Purchaser any and all claims it may raw have a hereafter Freight Terms. Shipments most he F.O.D., City of Fort Collins, I00 Wood St., Fort Collins, CO 90522, unless caviled undn fedcnt or sure antitrust laws for such overcharges relating to the particular good or services otherwise specified an this order. If permission is givm to prepay freight and charge importunely, the original freight purchased or required by the Purchaser pursuant to this Purchase order. bill most accompany invoice. Additional charges for packing will Out te accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Bounce. Where ..of". have distributing pains in various pans of the country, shipment is Ifthe Purchaser directs the Seller to correct nonconforming a defective good by a date to be agreed upon by the expected from the nearest distribution point to destination, and car. freight will be dducled from Invoice when purchaser and the Sella, and the Seller thereafter indicates is inability or unwillingness 10 comply, the Purchaser, shipments ace made from greater distance. may cause the work to be performed by the most expeditious means available to it, and the Sella shall pay all costs associated with such work. Permits. Sella shall procure at sellers sole cast all necessary permis, mi ificams and licenses rryuircd by all applicable laws, regulmicen, ordinances and tales affirm site, municipality, mnitory or political subdivision where the work is performed, or required by any other duly crosaimted public authority having jurisdiction over the work of vendor. Sella further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of W rimed or esublishd violation of my such laws, regulations, ordinances, ones and raluirements. Authorization. All parties to this contract agree that the O prtunurives me, in fact. beta fide and possess full and complete authority to bind said ponies. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stand herein set fort and any supplemnnary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or differrnl terms and conditions proposed by seller are objected to and hereby jeered. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your pmmisd delivery One as noted. Time is of the essence. Delivery and perform ore must be eReaed within the time ,toted on the purchase order and the documents attached hernia. No acts of the Purchasers including, without limitation, acceptance ofpanial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to the, legal and equitable remedies, the option afflicting this order elsewhere and holding the Seller liable for damage. However, the Seller shall not be liable for damages as a result of delay due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts ofGd,acs ofcivil err military Wihout., monumental priorities, fire, mike, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given 10 the Purchaser within five (5) day, of the time when the Seller first received knowledge thereof, In the event of any such delay, the date of dl ivery shall be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Sella warrants that all good, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descdpliot¢ given, will be fit for the puryoas intended, and performed with the highest degree of care and competence in accordance with accepted suvdards for work of a similar nature. The Sella agrees to hold the purchaser hmmless fmm any loss, damage Or expense which the Purchaser may suffer a incur an at., of the Sellers breach Orsini The Seller shall replan, repair or make good, without cost on, dre purchaser, any defircs or faults arising within one (1) yar or within such longer period of time a may be presented by law ar by the rams of my applicable warranty provided by the Seller after the dam of acceptance of the good famished hereunder (azceptau'e not to be un essambly delayed), resulting from imperfect or defective work done or numna s famished by the Seller. Acceptance Or use of goods by the provision shall not constitute a waiver of any claim under this waranty. Except as otherwise provided in this parch• e order, the Sellers liability hereunder shall extend m all damages proximately cowed by the breach crusty of hie foregoing warranties or gnomntas, bur such liability shall in W event imlude loss ofprofits 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 menu by wdne , change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaer may make any changes to me movie, other than legal term,, including additions or deletions fmm the quantities originally ordered in the specifications or drow'ings, by verbal or written change order. If any such change mill. the amount due or the time of per( once hereunder, an equitable djugmenthe shall ade. 6. TERMINATIONS. The Foremen may at my time by wriren change order, terminate this agreement as W any or all portions of the goods then our shipped, subject to any equitable adjustment between the rainier as m any work or mmrnah then in pmgras provided that the Purchaser shall not W liable for any claims for anticipated p rfiD on hie uncompleted portion of the good onllor work, for incidental or cotnequential damage,, and that no such djusumatt be made in favor of the Seller with respect to any goods which arc the Sellers standard stock. No such lamination shall relieve the Purchaser or the Seller crony of their obligations as to any good delivered hereunder. 2. CLAIMS FOR ADJUSTMENT. Any claim for adjustment muss be ussened within thirty (30) days fmm the dam the change or mrmirtation is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulalions to which the goad are subject The Sella shall execute and deliver such documents, as may be required to effector evidence compliance. All laws and regulations required to be ncorpromed in agreements of this character are hereby imeorpommd herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all cuss and damages suffered by the Purchaser, us a result of the Sellers failure no comply with such law. 9. ASSIGNMENT. Neither parry shall assign, Wait or convey this order, or any monies due or to become due here moll without the prior wrinen comment ofhe other party. 10. TITLE. The Seller warrants full, clew and Wm fficted title to the Purchaser for all equipment, maeda0, and items funtishnd in pertbaenarree of this agueemmm, free and deer of any and all lido, rntrie iota. reservafirms, security wtefest encumbrances aed claims of others. The Sella shall releae the Purchaser and is contractors of any tier from all liability and claims of my nature resulting fmm the performance ofsuch work. This releae shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, officers and employees ofsuch party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in my way, because such work is performed or caused to be perforated by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by leueq partial, to demark or copyrighl, the Seller shall indemnify and save harmless the Purchaser from my and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the common, and shall indemnify the Purchaser for any cost, expense or damage which it may be, obliged to pry by reason ofsuch infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in such suit held to coutitate inCnngarra t and the use of said equipment or part is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right mu continue to, said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the beard, of credimrs, appoint a receiver or taster for any of the Sellers property or business, this order may forthwith be conated by the Purchaser without liability. 16. GOVERNING LAW. The definition ofit. used me the imeryretaion editor agmrnrcnt end the rights of all pectin hereunder shall be answd under and Wanted by the laws ofthe Sure ofColoodo, USA. The following Additional Conditions apply only in cases where the Sella is to perform work hereunder, including the smices of Sellers Representativu(s), on the pmmiaes i fathers. It. SELLERS RESPONSIBILITY. The Sella shall carry on said work at StileIs own risk and the mine is fully completed od near led, and shall, in ase of my accident, destruction or injury to the work and/or mstmals before Seller's f 1 completion and uceptance, complete the work at Seller's own expense and to the satisfaction of hie Purchaser. When materials and equipment are Furnished by others for installation or motion by the Sella, the Seller shall recover, uNoad, store and handle same at the site and became responsible therefor as though such WWWIS and/or nryipmrnt were being fumisi by the Sella undn the order. 18. INSURANCE. The Sella shall, at his own expense, provide for den payment of workers comperecal including occupational disease benefits, m is employees employed on or in emmection with the work covered by this purhase order, md/or to their dependmts in accordance with hie laws of the stem in which the wok is b be done. The Seller shall also any mmVreheradve gamml liability including. but Out limited to, commcmal and automobile public liability announce with bodily injury and loth limits of at lest 5300,000 for my one Peron, S503,000 far any raw accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before my of the Sellers or his contractors employees shall do any work upon the premises of others, the Sella shall fi ish the Purchaser with a cefificme that such compensation and insurance have been provided. Such cmifiales shall specify the dam when such compensation and insurance have been provided. Such renificmes shall specify the date when such compensation and insunnce expires. The Seller agrees that such compensation and inmranee shall be maintained =it after the rntire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and al I damage, loss me injury of any kind r nature whaucever to persons or pmpmy caused by or resulting from the exemtion oflhe work provided for in his pumhau order or in connection herewith. The Seller will indemnify and hold harmless the Pushup and my cr all of the Purchasers officers, agents and employees from and against any and all claims, losses,am damages, harges or expenses, whether direct or indirect, and whether to persons or property to which the Purchuer may be put or subject by rearon of any act, action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In race my suit or other proceedings shall be brought against the Purchaser, or its officers, agents Or employees at any time on account or by reason of my act, action, neglect, omission or default of the Seller Of any of his connector or any of is or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume hie defense thereof and to defend the same at the Sellers own expense, to pay any and all toss, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the purchaser or any of is Or their officers, agents or employees in such suits or other praceedings, and in case judgment or other lien be poem upon or obtained against the peopeany ofmhc Perchusec or said parties in or as a result of such suits or other proceedings, the Sella will at once cause the some m he dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all artery precautions, fumish and instill dl guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limiudon, the Occupational Safety and Health Act of 1970 and all into and regulations issued pursuant thereto. Revised 0➢2014