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HomeMy WebLinkAbout420854 BOUND TO STAY BOUND BOOKS INC - PURCHASE ORDER - 9146743Fort Collins Date: 11/1812014 PURCHASE ORDER Vendor: 420854 BOUND TO STAY BOUND BOOKS INC DEPT 610 PO BOX 790044 ST LOUIS MO 63179-0044 PO Number Page 9146743 1e12 This number must appear on all invoices, packing sli s and labels. Ship To: PROCESSING CENTER FORT COLLINS PUBLIC LIBRARY 256 W. MOUNTAIN AVENUE FORT COLLINS CO 80521-2711 Delivery Date: 11/18/2014 Buyer: ED BONNETTE Note: Line Description Quantity UOM Unit Price Extended Ordered Price BOOKS INV# 865687 11/5/14 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 7,282.47 '4i Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Page 2 of 2 1. COMMERCIALDEEA1LS. Tax exemptions. By sumte the City of Fan Collins is exempt fmm starboard local arms. O a Exemption Number is I L NON WAIVER. 994 502. Federal Encise Tax Exemption Certificate of Registry Sa.6000587 is registered with the Collecsm of Failure of the Purchaser to insist upon town perfotmana i the ems and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Her. Colorado Revised Sututa 1973. Chapter 39-26,114 (a). exercise any rights or remedies pmvlded herein or by law, failure to promptly mostly, the Seller in the event of a breach, the acceptance ofor payment fro good hereunder or approval of the design, shall Hot release the Seller of Good Rejected. GOODS REJECTED due w failureto meet specifications, either when stopped or due to defects of any of the wamnties or obligation of this purchase order and shall tat be elemental a waiver of my right of the damage in onnsit may be retuned to you for credit and art not w be replaced except upon receipt of written purchaser to insist upon strict performance heeafer any of its rights or remedies as to any such goods, mgadless instructions from the City of Fort Collins. of when shipped, received or areepled, as to any prior rr subsequent default hereunder, nut shall any Purported col modification or becissirn of this purchase order by the Purchaser opeate as a waiver of any of the terms Inspection. GOODS are subject to the Ciry of Fort Collins inspection on am cal. hermf. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENTOF ANTITRUSTCLAIMS. authorized payment on the pan of the City of Fart Collins. However, it is to be understood that FINAL Seller and the Franchiser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact home by the Purchaser. Themofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments most be F.O.B., City of Fan Collins, 700 Wood SIT, Fan Collins, CO 90522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular good or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most accompany invoice. Additional chances for mckine will not be accepted. Shipment Distance. Where manufaromm have distributing paints in varions pans of the country, shipment is expected fmm the nearest distribution point to destination, and excess freight will he dedurtM from Invoice when shipments are made fmm greater dtstaxi Permits. Seller shall promote at sellers sole curt all necessary permit, cenifta and li erses requitd by all applicable laws, regulmiom ordimorms and roles of the sure, municipality, territory or Political subdivision where the work is perfumed, or mluired by ivy other duly cotsstiwted public authority having jurisdiction over the wmk of vendor Seller further agrees to hold the City of Fort Collim hatmlas from and against all liability eM loss incurred by them by reason of an asserted or established violation of any such laws, regulations, oNimnca, roles and requirements. Author nation. All panics to this contract agree that the repmuntativcs are, in fact, From fide and possess full and complete authority to bind said ponies. LIMITATION OP TERMS, This Purchase Order expressly limits acceptance to the terns and conditions stated herein set forth and my supplementary or additioml 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 rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou coanot make complete shipment to arrive on your promised delivery date as turned. Time is offset ..Me Delivery and performance most be tittered with. the time stated oa the purchase order and the dooummt muched hemp. No act of the Purchasers including, without limiutim, accepance of partial late deliveries, shall rpm¢ as a waive of this provision In the otter ofany delay, He Pumhaser shall have, in addition to other legal and equitable rmedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not he liable for damage as a much of delays due To moos not mon mialy foreseeable which are beyond it...life control and withrm it fault of.e,ligmcx, such acts of God. acts of civil or military au mardiw, govermnenul priorities, foes, stakes, ❑ouq epidemics, worts or was provided that notice of due conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the din of delivery shall be extended for the period equal w the time actually last by reawn of the delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by fix order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be ❑t for due purposes intended, and performed with the highest degree of care and comPru nce in accordance with accepted standards for weak of a similar nature. The Seller agrees to hold the purchaser hamless from any loss, damage or expense which the Purchaser may sufferer incur on account of the Sellers brooch of warrmry. The Seller shml replace, repair or make goad, without cost to the purchsscr, any defects or faults arising within one (1) year or within such longer period of time as maybe prescribed by law or by the trnm of my applicable uncanny provid d by the Seller after tlu date of acceptance of the good furnished hereunder (acesptanee root to he unreasonably delayed), resulting fmm imperfect or defenive work done m materials Ravished by the Seller. Acceptant, or use of goods by the Purchaser shall not constitute a writer fany claim under his womary. Except as otherwise provided in This pmcbase order, the Sells liability hereunder shall extend to all damages proximately caused by fie breach of my of the foregoing wamntia or guamntees, but such liability shall in an went include loss of prefin 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 in legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Pnahu¢r may nmke any changes on the tears, .,her than legal terms, including additions to or deletions I'mm the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time of pert nonce hemundem an equitable adjustment shall he made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to my or all portions of the goads then not shipped, wbjm any equiabm adjustment between the ami- as to any work or mmerod, then in progress provided that the Purchaser, shall not be liable for my claims for anticipated profits on the uncompleted portion of fie goods turd/or work, for incidental or carssaryential damages, and that no such Wjumment he not in favor off Seller with respect o my good which are the Sells stmdmd stock. No such terminator or shall relieve the purchaser or the Seller of any of their obligations as a any grads delivered hmunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjtmmmr mmf be asserted within Mary (30) days fmm f dare Ne change no termination is ordered. 8. COMPLIANCE WITH LAW. The Seller wamnn Oat ell grads sold hereunder shall have been produced, sold, delivmd and Famished in said compliance with all applicable laws and regulations to which the good are subject. The Seller shall execute and deliver such documents as maybe requiredto effector evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hampes from all costs and damages suffered by Mae Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither Parry shall assign, monsfer, of convey His order, or any monies due or to become due hereunder without the prior written combat of the other party. 10, TITLE. The Seller warrant full, clear and drommumed .If to f Putetasef for all equipment materials, and it. fumuhed in pe fi rmmce of this agreement five id clew of my aM all Firm, restrictions, reservations, security interest mcumbmnca and claims a f others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct raneonf ing or definitive goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller Renewer indicates in inability or unwillingness w eomply, Her Purchaser may mass, the mark to be performed by the most expeditions means available to it, and the Seller shall pay all coon associated with such work. The Seller shall release the Purchaser and its contactors ofmmy Her firm all liability and claims of my mature vaulting from the performance of such work. This release shall apply even in the but of fault of negligence of the parry release and shall extend to the dlrmmrs, oRcers and employees ofsuch pmy. The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by leper, parent, trademark r copyright. the Seller shall indemnify and save harmless the Pmchaser from my and all claims for infringement by reason of me use of such parroted design, device, material or process in connection with the contract, and shall indemnify the Purchaser for a, cost, expense or damage which it may be obliged to pay by.. ofsuch infringement 0 my time during the prosecution or after the completion of the work. In rase said equipment, or my pan thereof or the intended use of the goads, is in such wit held to constitute infringement and the use of said equipment or pan is enjoined, He Seller shall, at its own expense and at its option, either procure for the punctuator the right M, continue using said oldpmcnt He corn, replace the same with minstmtially equal but ooninGnging ryulpmem, or modify it as it becomes nanin(ringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt rake an assignment for the bmefir of creditors, appoint e teceiver or propertyor muse for my of the Sellers property ar business, this dm er ay forthwith mm with l eled by the Purch aer without liability. 16. GOVERNENG LAW. The definitions oftemts ased or the interpretation of floe agreement and the rights ofall panics hereunder shall be cautioned under and governed by the laws ofee Sure of Colorado, USA. The following Additional Conditions apply only in cases where me Seller is w perlmm work hereunder, including the serice, of Sellers Represertmov(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall Many on said work at Sellers own risk until the same is fully completed am mcepred, and shall, in case of my accident destruction or injury to the work andor raareriaB before Sellers fatal completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Producer. When materials er l equipment are f isbN by others for installation or creation by the Seller, Her Seller shall receive, unload, more and handle same or fie site and became responsible therefor, as though such materials work. equipment were being famished by the Seller ceder the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers mmpenutmet, including uccupatioal disease benefits, In its employees employed on or in connection with the work covered by this purchase order, and/or to fir dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, bur not limited at co 1-1-1 and amomnbile public liability insurance with bodily injury and death limits of at least $300,000 for any one person, 5500,000 for any one accident and property damage limit per accident of $400,000, The Seller shall likewise require his contractors, if my, to provide for such compenation and insurance. Before my of the Sells or his contmcwrs employees shall do any work upon the premises of others, the Seller shall fumish the Purchaser with a moisture Hart such compensation and insurance have been provided. Such ceniEcma shall specify the date when such compensation and Hormone have been provided Such renifcatea shall specify the date when such compensation and insurance expires. The Seller agrees Hair such compensation and instance shall he maintained until after the sere work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hmby assumes the entire uspmnibiliry and liability for my and all damagq loss or injury of my kind or re whaacever in persons or property ever eel by or resulting fmm the execution off work Provided for in Nis purchase order or in rroamection herewith. The Seller will indemnify and hold harmless the Purchaser and any at all of the Purchasm officm, agents and employees fmm and against any and all claims, losses, damages, charges or expenses, whether direct or inditem, and whether to pinions or property to which the Purchurf may he put or subject by reason of my act, action, ncgleet omission or defaidt on the part of the Seller, my of his contractors, or my of the Sellers or mntmcrors officers, agents or employees. In case my suit or other proceedings shall be brought against the Purchaser, or in officers, agents or employees at my time on amount or by reason of my net, ration, neglect, omission or default of the Seller of my of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, aaomeye fees and other expenses, any and all judgments Nat may be incurred by or obtained against the Purchaser m my of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against me property of the Purchaser, or said posies in or as a March of such suits or other proceedings, the Seller will at once enuse the same to he dissolved and discharged by giving bond or ofervxise. The Seller and his contractors shall take all safety precautions, famish and imall all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, f Occupational Safety and Health Act of 1970 Hall all cola and regulations issued pursuant Preto. Revised O7/2014