Loading...
HomeMy WebLinkAbout114721 SIGNATURE OFFSET - PURCHASE ORDER - 9140318 (2)Fort Collins Date: 11/20/2014 Vendor: 114721 SIGNATURE OFFSET 4900 PEARL EAST CIRCLE SUITE 300E BOULDER CO 80301 PURCHASE ORDER PO Number Page 9140318 101`2 This number must appear on all invoices, packing sli s and labels. Ship To: RECREATION DIVISION CITY OF FORT COLLINS 215 N MASON FORT COLLINS CO 80521 Delivery Date: 01/13/2014 Buyer: DAVID CAREY Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED, DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity UOM Unit Price Extended Ordered Price 2 Credit memo 1 LOT EA CREDIT MEMO TO OFFSET ERRONEOUS INVOICE SENT BY VENDOR. ECB 11/20/14 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 -1,500.00 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 L COMMERCIALDETAILS. Tax aemp ace. By stamte the City of Fort Collins ls exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 9L(I 502. Fadeal Excise Tax Exemption Certificate of Registry 84-6000589 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and anditions hereof, failure at delay to Internal Revenue. Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26. 114 (a), exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller of Good RejecrM GOODS REJECTED due to failure m men specifications, either when shipped or due to defects of any of the warranties or obligations of this paubau order and shall not be deemed a waiver of any righl of the damage in transit, may be natural 10 you for credit and me not 10 be refracted except upon receipt of within Purchaser m insist upon mass, pert . hereof., any of its rights in remedies as to any such goads, regardless instructions from the City of Pon Collins. of when shipped, received or accepted, a to any prior or subsequent default haeuMa, nor shall any pttrponed oat modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terns Irspecrion. GOODS arc subject to the City of Fan Collins inspection on arrival, hereof. Fiat Acceptance. Results, of the meuhandise, services or alitipment in corporate to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. refforiad payment on the pan of the City of Fort Collins. However, it is to od understood that FINAL Seller and the Purchaser recognize that a actual assonstrandir practice, overcharges resulting from mural ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact home by the Purcltaa. Theremfore, for good cause and as ansiderafion for executing this purchase order, the Seller hereby assigns ro Me Funchaer any and all claims it may now have or hereafter Freight Terns. Shipments must be I.O.D., City of Fort Collins, 700 Wood St, Too Collins, CO 80522, unless otherwise s sonfird on this a,&, If permission is gi. 10 prepay freight and charge separatelg the original (might bill muss accompany invoice. Additional charges for picking will m1 be accepted. Shipment Distance. Where manufacturers have distributor, Points in various parts of the country, shipment is expected from the ncuaal distribution point to destination, and excess bright will be deducted front Invoice when shipments are made from greater dismnce. Factors. Seller shall procure a, sellers sole cast all necessary Fmnirs, conferrals end licenses mluired by all applicable laws, regulation, i ndiances and roles of the state, municipality, motion, 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 feffor agrees to bald the City of Fall Collins harmless from am against all liability and loss incurred by them by anon of an acsened or established violation of any such laws, regulations, ordinances, Mies m l uquisemcnrs. Authorization. All parties to this commit agree that the representatives are, in Tam, been fide and possess full and omphic authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms am conditions staled herein set grant, and any supplementary or additional terms and conditions amcxed hews, or incorporated herein by reference. Any additional or dilRmnuerms and mndilions proposed by seller ace objected to and hors"jected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENTimmediately ifyuu cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance most be affected within the time sated on the purchase order and the documents attached hereto. No rocks of the Inschasers including, without limitation, acceptance of partial late delivmes, shall orange as a waiver of this provision In the even, of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option training this order elsewhere and holding the Seller liable for damages. However, the Salle, shall not be liable far damages in a result of delays due to curses not manually foreseeable which am beyond its reasonable control and without its fault of negligence, such acts provided flat errs of civilhe milimry mthorities, govemlay is priorities, fire; strikes, flood, ere (51 q wars re riots provided flat Seller ritt re the conditions washer of I delay is given m Isis h delay, t within Eve delivery days of the nine when the Seller first received time knowledge @lostb In the event of any such delay, she date of delivery shall be extended for the period egnal io the time actually lost by reason of the delay. 3. WARRANTY. The Sella warrants flat all goods, articles, materials and work covered by this under will conform with applicable drawings, sp rificatims, ampler .Nor other dasnpticaus given, will be fir for Nan pu@oses intended. and performed with the highest degree of care and competence in accordance with ratified standards for work of a similar ware. The Seller agrees to hold the purchaser harmless from any loss, dmnage or expense which the Purchaser may sufferer incur on account of the Sellers breach of warranty. The Seller shall replace, repair or rake good, without cost to the purchaser, any defects or faults arising within one (1) year of within such loner period of nine a may be prescribed by law or by the recto of my applicable wattaaty provided by the Seller after the dam of acceptance of the goods famished hereunder (accepance not to M unrearoably delayed), resulting fmm imprrfect or defective work time or materials famished by the Seller. Acceptance or ore of gads by the Purchaser shall nor institute a waiver of any claim under This warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to ail damages pmximnely caused by the breach of my of the foregoing restaurants or guareatms but such liability shall in no at include loss of profits or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4, CI IANGES IN LEGAL TERMS. The Purchaser may make changes m legal krms by wee ao change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the toms, other than legal terns, including additions to or deletions fmm the quantities originally ordered in the specifications or drawings, by verbal or wrinen change order. If any such change aRects the amount due or the time of performance hereunder, an equitable adjustment shall M made. 6. TERMINATIONS. The Purchaer may a1 my lime by wrinen change order, terminate this agreement as to any or all pinions of the goods then not shipped, subject to my equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the commpk ad portion of the goods wal work, for incidental or coae,rentud damages, and loom no such ad,.,.., be trade in favor of the Seller with respect to any good which are the Sellers smrdand stock. No such termination shall relieve the Purchaser or the Seller of any offlcir obligations at to my goods delivered hereunder. T CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be assumed within rainy (30) days from the date the change or lamination is ordered. 8. COMPLIANCE WITH LAW. The Seller wamnis that all goods said rental shall lave Men produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations 0 which the goods are subject. The Seller shall execute and deliver such documents s may be mquiml to effect or evidence compliance. All laws and regulation required to be incorporated Or agreements of Nis character raw hereby incorporated M1ercf by this reference The Seller agrees to irderunify and hold the Puuhascr harmless fmm all costs and damages suffered by the Purchaser as a result of the Sellers failure m comply with such law. 9. ASSIGNMENT. Neither perry shall assign, trasfer, or convey this order, or my monies due or to became due hereunder without the pnor wrimen cogent ofrhe Won Party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items finished n performmce of this agreement, four and clear of my and all liens, armactions, reservations, security interest connotations and claims ofothers. acquired under federal or .to antitrust laws for such overcharges mining to the particular good or services purchased or acquired by the Purchaser rims. to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective good by a date to be agreed upon by the Persian, and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchmer May muse the work to be performed by the most expeditious means available ro it and the Seller shall pay all tuns assocfood with such work. The Seller shall of. the Purch ow, end its contmcmrs of any tier from all liability and claims of any nature resulting fmm the performance ofsuch work. This minor shall apply e'en in the event of fault of negligence of the party released mod shall extend to the directors, officers and employees ofsuch party. The settees contractual obligations, including warranty, shall not be domed to M reduced, in my way, because such walk is performed Or ..it to be performed by the Pendant. 14. PATENTS. WMncver the Seller is required to use my design, device, material or process mvewd by lame, patmt trademark or copyright the Seller shall indemnify and save Emotions the Purchaer fmm my and all claims for infringement by reamn of the use of such patented design, device, material or 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 reason of such infringement at my time during the proaccution or offer the completion of the work. In can said equipment or my pan diamond or the intended mere of tM goads, is in such suit held m asMum infringement and the.uu 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 pins, replace the same with substantially equal but aminbinging equipment, ar modify it so it becomes mainfnging. 15, INSOLVENCY. If the Seller shall beeomc insolvent or hmkrttpl, make an mAignmeal fin the banner, of creditors, original a or trustee for may of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16, GOVERNING TAW. The definitions of terms used or the interpretation ofdw agreement and the rights of all paroles hereunder shall be contained under and governed by the lava ofrhe Sate ofColoado, USA. The following Additional Conditions apply only in cases whom the Seller is to perform work hereveder, including the services ofSellms Ran maentetive(s), on the premises of others. V. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own nak until the same is fully completed ood acttpted, and shall, in u of my accident destruction or injury to the work mNor materials began, Seller's final completion and acceptance, complete the work at Selle(s awn expense and m the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall reaclve, unload, store and handle acme at the all and become responsible therefor as Wmoght such numm ls and/or equipment were being finished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the paymml of workers compensation, including occupational disease benefits, to its employees employed an or in correction with the work covered by this purchase coda, and/or to their dependants in accordance with the laws of Ile, Mile in which the wok is m be done. The Seller shall also can, comprehensive general liability includin, hot not limiest to, co mu ual and automobile public liability insurance with bodily injury and death limits of at least S300,000 for any one parson, 5500,000 for any one 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 iaumnce. Before any of the Sellers or his contractors employees shall do any work upon the premises of onions, the Seiler shall famish the Purehassair wish a certificate That such compensation said insurance basic been provided Such mtificases shall specify the date whom such compensation mart iauance have ban provided Such cenifrales shall specify the desto whin such compensation and insurance expires. The Seller agrees for such compensation and insurance shall be maintained until after the entire work is completed sad accepesl. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for my and all damage, loss or injury ofmy kind or wmor whatsoever to Persons or property mused by or resulting from the execution of the work provided for in this purduan order or in connection herewith. The Seller will indemnify and hold homeless the Purchaser and any r all of the Pushascrs officers, agents and employees from and against my and all claims, losses, damages, charges a, expersua whether direct or uniform, and whether to person or property to which me Purcham may M put or subject by wuon of my can, action, million, comaim or default on the pan of the Seller, my of his eoowaors, a any of the Sellers or anuactors ofvers, agenm or mployees. In case any soil o other proceedings shall be brought against the Purchase, or its officers, agents or employees at any time on acmmt of by reason of my act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees a aforesaid, do Seller hereby agree m assume the defeae thereof and to defend the same at the Sellers own airlines, m pay may and all costs, charges, attorneys fees and other expenses, any and all judgments that may tr incurred by or obtained against the FureM1aer or my of its or roan officers, agents or employees in such suits or other proceedings, and in caw judgment or other loom be placed Upon or obtained against the property of the Purchma or said parties in or as a resin, of such suits or other proceedings, Me Sella will at once cause the same to be dissolved and diuhanged by giving bold or otherwise. The Seller and his comacmrs shall take all safety ptecmdoa, famish and inamll all guards rrecrosary for the promotion of incidents, amply with all laws and regulations with regact to safety including, but without limiaton, the Occupational Safety and Hwlth Act of 1970 road all rules aM regulations issued Portland them,. Revised 09Q014