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HomeMy WebLinkAbout102722 OFFICESCAPES SCOTT RICE - PURCHASE ORDER - 9146367Fort Collins Date: 10/30/2014 Vendor: 102722 OFFICESCAPES SCOTT RICE 4950 S COLLEGE AVE SUITE A FORT COLLINS CO 80525 PURCHASE ORDER PO Number Page 9146367 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: COMMUNITY DEV & NEIGHBORH CITY OF FORT COLLINS 281 N COLLEGE AVE FORT COLLINS CO 80521 Delivery Date: 10/30/2014 Buyer: DOUG CLAPP Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Intern work stations 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 1 LOT LS 10,051.50 Total $10,051.50 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. COMMERCIALDETAILS. Tax exemptions. By samte the City Of Fon Collina is exempt from state and local lases. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Cenifczre of Registry 84-60P 58T is registered with the Co 1,, of Failure of the Purchaser to insist upon strict performance of the terns and conditions hereof, failure or delay to Interval Revenue, Denver, Colorado (Ref. Colorado Revised Shoms 1973. Chapter 39-26. 114 fid. exercise any rights or remedies pmvid d herein or by law, failure to promptly notify the Seller in the event of a breach, be acceptance ofor payment fur goods hereunder or approval ofNe design, shall not release the Seller of Comb, Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligation of this purchase order and shall vat be deemed a waiver of my tight of the damage in transit, may be retuned to you for credit and am not to ho replaced except upon mocipf of wrima purchaser to inoW upon infer pedbrmmce hereofor any of its rights or mumbes as many such goods, regardless instructions from the City of Fort Callim. of when shipped, mmused or accepted, n b any prior or subsequent default hereunder, nor shall my purported am] modification or rescission of this purchase order by the Purchaser operate n o waiver of any of the berms Iape,ioa GOODS are subject. me City of Fan Collin inspection on arrival. hereof. Final Acceptance. Receipt of the merchmdi., smices or equipment in respo. ,o Nis order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment an the part of the City of Fort Collins. However, it is to d udersmod Nat FINAL Seller and be Purchaser reactive that in actual economic practice, ivissichargm resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable acquired inspection procedures. violation are in fat home by me Pmcheser. Theretofore for good cause and as consideration for executing this purchau order, be Seller hereby assign b be Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments most be F.O.B., City of Fort Collins. 7W Wood St., Fast Collins, CO 80522, .less acquba under federal or same am. laws for such overcharges relating . me panimla goods or services otherwise specified on this order. If permission is given to prepay freight and cbmge copes et , be original freight purchased or squired by me Purchase( pursuant b this puma cce carer. bill most ammpany became. Additional charges far Parking will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Disance. Where manufacturers have disvibming pones in various pans of the country, shipment is If me Pubesm directs be Seller to correct aonrnnforming or defective goads by a&to to be agreed upon by Live expected firm be named distribution point to destiatioq and excess freight will be deducted from Invoice when Purehaur and be Seller, and be Seller thereafter indicates its inability or unwillingness to comply, be Purehner shipments are made from greater disance. may cause be work b be Faford by the most expedition mean available to it, and the, Seller shall pay all vests associated mob such wok. Pern ice. Seller shall procure al sellers sole cost all necessary permits, cenifiates and licerurs required by all applicable laws, regulation, mciiwncea and roles of me same, municipality, territory or political subdivision where The Seller shall release, be Purchamr and its contractors of any tier firm all liability and claims of my name be work is performed, are quirts by any outer duly contimtd public authority having jurisdiction over be work resulting from be performance ofmch work. of vendor. Seller fuMa agrees b hold the City Of Fon Collin harmless from and againal all liability and Ions mourned by them by ream. of an assured or established violation of any such laws, population, ordinances, roles This release shall apply even in me event of fault of negligence of the parry released sand shall extend to be and requirements. do.. officers and employees of such party. AummGation. All parties to this contract agree test be repmwmatives ere, in fact hoe fide and possess full and complete authority in bind said parries. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to be terms and condition mind herein set forth and any supplementary or additional temp and condition unposed hereto or incorporated herein by reference. Any additional or different terms and condition proposd by seller are objected to and hereby rejected. 2. DELIVERY, PLEASE ADVISE PURCHASING AGENT immediately if you expr of make complete shipment as above on your promised delivery date as noted. Time is of the essence. Delivery and performance most be elTeded within the time sated oa the mocha. order and the documents otrached hereb. No acts of the Purchners including, without limitation, acceptance of radial late deliveries, shall operate as a waiver of this provision. In the event of any delay, be Purchaser shall have, in addition to other legal and equitable remakes, the option of placing this order elsewhere and holding the Seller liable for dsmagea. However, the Seller shall not be liable for damages as, a result of delays due b causes not reasonably foreseeable which art beyond its reamable control and without its fault of negligence, such aces of God, acts of.ml or military nutborines, governmental priorities, fires, strikes, food, epidemics, wars or riots provided that notice of the conditions caning such delay is given no the Purchaser within five (5) days of the time whom the Seller rest received knowledge thereof In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goads, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will ho fit for the purposes intended, and performer with the highest degree of care and competence in accordance with accepted standards for work of a miler nature. The Seller agrees to hold the purchaser harmless from any low, damage or expense which the Purchner may suffer or incur on account of the Sellers breach of wm anty. The Seller shall replace, repair or make good, animal cost to the purehn.q any defects or faults alising within one (1) year or within such longer period of time as may be prescribed by law or by the terms crony applicable wormy provided by the Seller after the dam of acceptance of the goods famished hereunder (acepmnce not to be unreasonably delayed), resulting from innim— t or defective work done or materials famished by the Seller. Accepance or use of goods by the Purchaser shall or 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 my Of the foregoing warramies or guarantees, but such liability shall in no event include loss of profits 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 hems by written change order 5. CHANGES IN COMMERCIAL TERMS. The Pmchsser may make any changes to the terms, other man legal tans, including addition to or deletions from the quantities arigially ordered in be specifications or drawings, by veNal or women change order . If my such change affecs the amount due or the time of pert race hereunder, m equiable ajnbmmt shall b, made. 6. TERMINATIONS. The Pu haver may at my time by written change order, continuum this agreement as b my or all portion of the goods then Out shipped, subject to any egmustdo djavmmt bonsomp be purr. as too any work or sterols ben in progress provided rat be Parehawr shall not be liable for my claims for anticipated Profs on Ne uncompleted portion of the goods ad/m work, for incidental or consequential damages, and that ten such djatmmb nd made in favor of be Seller with nopecl to my good which art mac Sellers Smndard stock. No such termination shall reline Ne Purchaser no be Seller of my effort, obligation m to my good delivered lareudcr. T. CLAIMS FOR ADJUSTMENT. A, claim for Wjusrra ,mast b, ..,it within mimry (30) days from the date Ne change or bemination is ordered. 8. COMPLIANCE WITH LAW. The Seller wartanui pal all goods sold hereunder shall have been produced, sold, delivered and fmnisha in ionic, compliance with all applicable laws and regulation b which the gods sm subject The Seller as execute and deliver such docummu as may be acquired to effect or evidence compliance. All laws and regulation required to be meorporated in agreements of this chi meter are hereby incorporated bereN by this ref nce. The Sella agrees to indemnify and hold be Purchaser bannless gram all rears and damages suffered by be Purchase as a result of be Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, number. or convey this order, or any monies due or to become due hereunde without me prior writrcn corset ofNe other party. 10. TITLE. The Seller warms full, clear and va istrich d title to be Purehaer for all equipment materials, and items fibrool a in performance of this agreement free and clear of any and all liens, restriction, reservation, wourn, interest cemnbrmces and claims of be.. The Sellers contratml obligations, including wamanry, shall rat be deemed to be reduced, in any way, bemuse such wok is pon fcrrod or wmed b be performs by me Pmchuer. 14. PATENTS. Whenever the Seller is pursed to me any design, device, material or process rovered by loner, panmt trademark or copyright the Seller shall indemnify and save harmless be Purchaser from any and all claims for infringement by mason of be use of such patented design, device, material or prowis in connection with the contract and shall indemnify the Purchaser for any cost expense or damage which d may he obliged to pay by reason of such inGngemenl at any time during me provocation or oiler me compleion or the work. In caw said equipment, or any pan thereof or be intended ne of be goods, is in such suit held to constitute infringement and the use of said equipment or part is enjoined, be Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue ping said equipment or pans, replace the same with substantially ,.at but noninfringing equipment, or modify it so it becomes nomnfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a or .1co for cod y Of be Sellers property or business, this mile, may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofterms used or be interpretation of es agreement and the rights Mall panics hereunder shall be command under and governed by me laws of me State of Colcmdo, USA. The following Additional Conditions apply only in taus where be Seller is to perform work hereunder, including the services of Sellers Represmanivr(s), on me premises ofmf 12. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Series own risk until the same is fully completed and accepted, and shall. in e of any accident, destruction or injury to the work and/or materials before Seller's final completion and aceptan«, complete be work in Settees own expense and to be satisfaction of the Purchaser. When materials ad cgitipmrnf ore furnished by obeys for vacillation or erection by me Seller, me Seller shall receive, unload, store and handle same at me site and become mgmccuble therefor as though such materials mil/or equipment were being famished by be Seller order be order. 18. INSURANCE. The Seller shall, at his awn expense, provide for be payment of workers compensation, including occupational disease benefits, to its employees employed an or in connection with the wok covered by this purchase order, and/or b their depedents in accordance with be laws of the sate in which be wok is to be done. The Seller shall also carry romprehnrsive general liability including, but not limited b, contractual and automobile public liability insurance aim bodily injury and deaN limits of in least S300,000 f my one person, S500.000 fur my one occident and property, damage limit per accident of S400,000. The Seller shall likewise quire his contractors, tf my, as Provide for such rnmpenntion and insurance. Before any of the Sellers or his contractors employees shall do any wok upon the penises ofalhers, me Seller shall famish be Purchaser with a ccnifcate that such compewtion and insurance have been provided. Such certificates shall specify be date wham such rompenatim and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees pat such cone msarion ad inaureace slut] be mainaind until are be entire work is completed and aepbd. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby measures be entire misponbility and liability for any ad sit damage, loss in injury army kid r atom whosoever b person or property caused by or resulting from the execution of the work provided for in iris Purchase order or in connection hrinsith. no Seller will indemnify uM hold hxrmlcss the Purchaser and any r all of me Purchasers offceas, agents ad employees firm and against any and all claims, losses, damages, charges or expenses schemer direct or indirect, and whefrer b person a property to which du Purchase may d put Or subjoct by teams of any act, action, neglect omission Or default on Live put ofNe Seller , my of his rontnctors, or my of me Sellers or encomium officers, agents or employces. In case my suit or offer proceamgs shall be brought against be Purchaser, or its officers, agents or employees in any time on account or by team. of any act action neglect, omission or default of be Sella of my of his contractors or my of its or betr officers, agents or employees to, efoaewid, be Seller hereby agrees in assume the deft thereof and b defend be sane. be Sellers own expense, to pay my and all costs, charges, attamrys fcs and other expenses. my and all judgments but may be incurred by or obtained against the Pmcha or my of its or their officers, agents or employees in such suits or other pommilm s, and in caw judgment or order lion be, place NO or obtained against be property order Purchase, or said ponies in or in a result clinch suits or outer proceedings, be Seller will of once cause be same to m dissolve and diahargd by giving bod or otherwise. The Seller and his cardamom quit take all safety precaution, famish and inall all godrds necessary, for be pmention of secidents, comply with all laws sand regulation with regard to safety including, but without limitation, be Occupational Safety and Hmlb Act of 1970 and all roles and arplationa issued pursuit bent. Revised 07n014