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HomeMy WebLinkAbout461405 TREBUCHET GROUP - PURCHASE ORDER - 9146405Fort Collins Date: 11104/2014 Vendor: 461405 TREBUCHET GROUP 405 MASON CT SUTIE 113 FORT COLLINS CO 80524 PURCHASE ORDERPO 914640er Page 146405 + of z This number must appear on all invoices, packing sli s and labels. Ship To: CITY MANAGER CITY OF FORT COLLINS 300 LAPORTE AVE CITY HALL WEST- 1ST FLOOR FORT COLLINS CO 80521 Delivery Date: 11/03/2014 Buyer: PAUL, GERRY Note: Line DescriptionQuantity UOM Unit Price Extended Ordered Price 1 UniverCity Balance Due 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 1 LOT LS Total Pay terms net 30 days Invoice Address: 00] City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By soar the Lin, of Fan Collins is exempt fmm scam and local Mons. Our Exemption Number is 98-04502. Federal Excise Tax Tasmanian Certificate of Registry 84fi000587 u registered with the Collector of Inmmal Revenue. Denver, Colorado (Ref Colorado Revised Stemma 1973, Chapter 39-26.114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in camel, may be renamed to you for credit and are nod m be explored except upon receipt of carmen instructions from the City ofFa Collins. Inspection. GOODS are subject to the City of Pan Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in respo.e to this order can result in announced payment on the part of the City of Fort Collins. However, it is to be aderstood that FINAL ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. Freight Terror. Shipments most he F.O.B.. City of Fan Collins, IN Wood St., Fan Collins, CO 80522, unless otherwise specified an this order. If permission u given to prepay freight aud charge separately, the original freight bill most accompany revoire. Additiotul charges for picking will not be wreytd. Shipment Distance. Where mare fwtuters have distributing points in various parts of the country, shipment is expected from the parent distribution point to dutination, and excess freight will be deducted from Invoice when shipments me made from greater distance. Permits. Seller shall procure to sellers are cost all necessary pertni4 cenifmcatm and licares required by all applicable laws, regulations, ordinances and rare, of the stem, newer polity, tertiary or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fan Collins harnless from and against all liability and loss cured by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rates andrrquir rents. Authorization. All games to Nis comma agree that the represcrawives are, in far,, bow fide and game. fall ardl complete authority to bind said parries. LIMITATION OF TERMS. This Purchase Order expressly limits accepsae to that terms and coditioas stored herein an four and any supplementary or additional teats and conditions aacxrd hcrth or iworpomted herein by inference. Any additional or direrem arms and conditions proposed by seller are objected to and hereby rejar a[ 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to amve on your promised delivery date as noted. Time is of the asence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached harem. No act- of the Purchasers including, withant limitation, ner,ra wr of p wial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition W other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, eve Seller shall not be liable far dame,. as a each of delays due to causes not reasonably foreseeable which art beyond its reasonable control and without its fault of negligence, such acts of God, acts ofcivil or military amhmriuu,,governmental mormes, fires, strikes, road, epidemics, wars or dots provoked pit notice of the co r irimns causing such delay is given to the purchaser within five (5) drys of the time when der Seller first received knowledge thereof. In the event of any such delay, the din of delivery shall W extended for the pentad equal or the time wholly lost by reason ofthe delay. 3. WARRANTY. The Seller wamams than all good, articles, materials and work rumored by this maker will conform with applicable drawings, specifications, samples super other descriptions given, will be fit for the purposes imeeded, and performed with the highest degree of care and competence in accordance with acceprd scandrd for work of a milar nature. The Seller agrees to held the purchaser homeless from any loss, damage or expense which the Furtherer may surer or incur on account ofthe Sellers breach of wmanty. The Seller shall replace, repair or make ,and, without cast to the purchaser, any del'eds or (nulls arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms army applicable warranty provided by the Seller after the date of acceptance of the goods f ished hereunder (om,amee not to be umessorsbly delayed), resulting from impart or defective work done or=tenors furnished by the Seller. Acceptance or use of goods by the Purchaser shall not conatiace, a waiver ofary chain under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all elm er pmxinamly carried by the breach of any of the foregoing warrant or gammas, but such liability shall in no event include loss ofpmfio or loss of use. NO IMPLIED WARRANTY OR MERCHANTABUJIY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser my make changes a legal terms by wer m change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal teats, including addirions to or deletions fmm the quantities originally ordered in the specifications or drawing, by verbal or written change order. If any such change affects the amount due or the time of performance hereunder, an equitable adjustment 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 goad then not shipped, subject to my equitable adjustment between the Parties an to any work or materials then in progress provided that live Purchaser shad Out he liable for any claims for anticipated p nfies on live uncompleted pinion of the goods watt work, for incidental or corsequmtial damages, and fat rat such udJmsrtwnr be mad in favor of the Seller with respect to any goods which we to Sellers southern steak. No such termination shall relieve the Purchaser or the Sella ofany of their obligations as to any goods delivered bereurder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be assaed within thirty (30) days fmm the date the change or remdrration is ordered. 8. COMPLIANCE WITH LAW. The Sella warrants that all goods sold hereunder shall have been peaducd, sold, delivered and famished in stout compliance with all applicable laws and regulations in which the good art subject. The Seller shall execute and deliver such documents as may be terminal to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character we harry incorporated herein by this reference. The Sella agrees to indemnify and hold the Purchaser harmless from all costs and damages sulferd by the Purchaser an a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither patty shall assign, traasfer, or convey Nis order. m my nmoians due or to become due hacarder witout the 'fire wrineo cartsmt offae other party. 10, TITLE, The Sella wamna full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, f and clear of any and all lieu , reso-ie ims, reserY41irns, security interest encumbrancer and claims aromas. I I. NONWAIVER. Failure of the Purchaser a insist upon water peel ewe ofthe terms aud conditms hereof, fmTnre or delay to exercise any rights or remedies provided herein or by law, hidden,. pmnptly notify the Seller in the event of a breach, the acceptance of or payment for good hereunder in approval ofthe design, shall not release the Scllcr 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 upon strict performance hereofor any of its rights or comedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereaden, nor shall any purposed oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the reams hereof 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize fast in want economic practice, overchares ns gresulting from antiot violations am in fact home by the Purchaser. Theretofore for good cause and as consideration for executing this purchase order, the Seller hereby assigns to tee Purchaser any and all claims it may now have or hereafter acquired under radical or note antitrust laws for such overcharges relaring a me particular goads or units purchased or acquired by the Purchaser pursnanf to fair purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nowanforming in defective good by a dam to be agreed upon by the Purchaser 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 roam available to it, and the Seller shall pay all casts associated with such work. The Seller shut release the Purchaser and its contractors of any tia 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 the parry released and shall extend W the directors, ciffiven, and employees ofsuch party. The Senors commercial obligations, intruding warranty. shall fiat be deemed to be reduced, in any way, becaase such work is parfomaed or caused a be performed by the Purchaser. 14. PATENTS. Whenever the Sena k required to rise my design, device, material or process covered by later. patent, tcadetvrt or copyright, the Seller shall indemnify and save hornless the Purchaser, from my and all claims for infringement by reason of the use of such patented design, device, Mau nal in process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by remain of such arrangement at any time during the prosecmion or after the completion of the work. In case said egcipmrnL or any pun thereof or the intended use of the goods, is in such suit held to constitute infringement and the me of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pats, replace the more with substantially equal but noninfringing equipment, or modify it so it becomes noninfnnging. 15. INSOLVENCY. If the Sella shall become insolvent or baOdnupt, nuke an assignment for the benefit of creditors, appoint a mi in inge ce far any of flue Sellers property err business, this order may forthwith be canceled by the Purchaser without liability. I& GOVERNING LAW. The definitions ofteres cad or the interpretation ofthe agreement and the rights of oll parties hereunder shall he construed under and 6avemed by the laws of the Stara ofCalomda, USA. The following Additional Candidate apply only in coms when the Seller is to perform work hereander, including the services of Sellers Represenative(s), on the premises ofathers. 12. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in arse of any accident. destruction or injury to the work and/or materials ref Seller's final completion and wceptaue, complete dre work at Sellers own expense and co the satisfaction of the Purchaser. When marmots and equipment are f ishd by others for installation or erection by the Sewer, the Seller shall receive, aloaQ store card hadle same at the site amid become responsible therefor as Haugh such materials andor equilateral were being famishd by the Seller under the order. 18. INSURANCE. The Seller shall, at has over expense, provide for the payriml of workers compensation. including Occupational disease benefits, to its employees employed an or in connection with the work earned by this purchase order, aniline to their dependents in accordance with the laws of the sate in which the work is to be done. The Sella shall also carry comprehensive general liability including, but not limited as contmca t ad automobile public liability in with bodily injury and death limits oral least S3W,W) for my one persn, SS00,000 for any one ccident and pmpeny damage limit per accident of $4(l),000. The Seller shall likewise real his contractors, it any, to provide for such compensation and insurance. Before my active Sellers or his contractors employees shut) do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date whim such compensation nd insurance expires. The Seller epees drat such campnoarim cad insurance area t he maintained arm[ after th, min work is completed and wanted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes the attire responsibility and liability for my and all damage, loss or injury army kind r rsture whatsoever to persons or property caused by or resulting (ram the execution ofthe work provided far is this purchase order in in contract. herrwith. The Seller will indemnify and field hamdeas the Purchaser and any r all of the Purchasers officers, agents and employees from and against my and all clams, terms, damages, charges or expense; whether direct or indirect, and whether W persons or property to which the Purchaser may be pat or subject by reason of my act, action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors aReers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at my time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforeraid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sella own expense, to pay any and all casts, charges, ra orsup fees and other expenses, any and all judgments flow may be incurred by or obtained against the Purchaser or any of as ar their aricers, agents or employees in such suits or other proceedings, and in rose judgment in other lien be placed upon or obtained against the pmpeny ofthe Ptuchww, or mid parties in or as a result ofsuch suits or other proceedings, the Sella will or once muse the same m be dissolved and dischargd by giving bond or otherwise. The Sella and his contracloo shall take all wf n, precauliams, f ish and inssll or gunnels no., far the pm'enfion of accident, comply with all laws sad regulmioas with Organ] to safety including, but without Radiation, din Occupational Safety and Health Act of 1970 and all mles and regulanonsisaud pursuant thereon. Revised 01R014