Loading...
HomeMy WebLinkAbout432744 ROCKET JONES INTERACTIVE - PURCHASE ORDER - 9146801Fort Collins Date: 1112112014 Vendor: 432744 ROCKET JONES INTERACTIVE PO BOX 2091 FORT COLLINS CO 80522 PURCHASE ORDER PO Number Page 9146801 loft This number must appear on all invoices, packing sli s and labels. Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 11/21/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price t 2014 BLANKET ORDER 2014 BLANKET ORDER 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.wnn 1 LOT LS 5,000.00 Total 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 I. COMMERCIALDETAILS. Tax exemptions. By state the City of Fort Collins is exempt from slate and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Contrast, of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statute 1903, Chapter 39-26, 114 (a). Goods R jetld. GOODS REJECTED due to failure in meet Nandi fictitious, either when shipped Or due to defects of damage in transit, may be retumd on you for craft and are Out to be replaced except upon rseipl of wuinm instructions fmm Bar City of Fort Collins. Inspection. GOODS are subject o the City of Fort Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in authorized payment on the part of the City of Fort Collins. However, it is to be understood thatFINAL ACCEPTANCE is dependent upon completion of all applicable required inspection prucedmon. Freight To=. Shipments must be, F.O.B., City of Fan Collins, )ro Wood St, Fort Collins, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the original fmight bill most accompany invoice. Additional charges for Picking will not be accepted. Shipment Distance. Where manufacturers have distributing points in various parts of the c cad , shipment is expected from the nearest distribution Exam to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. 11. NONWAIVER. reduce of the Purchaser ,, insist on strict performance of the terms and conditions hereof, failure or delay as exercise any rights or remedies provided herein or by law, failure to promptly notify the Seiler in the event of a breach, the acceptance arm payment for gads hereunder or approval ofthe design sbull not of. the Seller of any of the warranties or obligations of this Purchase order arm shall rat be domed a waiver of any right of the petrolatum insist upon anrier perform e,hani'm any offs, rights or remedies as to say such goad, regadless of what shipped, received or accepted, as to any prior or subsequent default hneunder, nor shall my purported aml modification or condition of this purchase offer by the Purchaser opemm as a waiver of any of the toms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Sella and the Parchment recognise that in actual economic gw is practice, ovacharresulting from antitrust violations are in fact homemf by the Purchaser. Thertim, for good cause and as consideration for executing this , mchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired sunder federal err some anriuust laws for such overcharges rcluing 1. the particular prod or smica purchased of acquired by,hc Purchase pursuant f this purchase oNer. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Sella to comet nonconforming or defective gad by a date to be agreed upon by the Purchase aad the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work 1. be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Permits_ Seller shall procure 91 sellers sale cost all necessary pcnnils, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, temmry or political subdivision where the work is performed, or required by any other duly compared public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless fmm and against all liability aad loss it,orted by them by reason of an asserted or established violation of any such laws, regulations, ordinances, roles and axluirements. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and complete comply m bind said parkas. LIMITATION OF TERMS. This Norheae Order expressly limits acceptance a the It. and conditions Initial herein se, foM and any nipplaentary of additional terms and arsain mxs..rd hard. or incorporated herein by reference. Any additional or directed tams and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised del Ivory date as noted. Time is of the aware. Delivery and performance moll be inhaled within the time stated on the p ndimo order arm the documents attached hereto. No son of the Purchasers including, without limitation, interlace ofpanid la,a deliveries, shall create as a waiver of this provision. In the event crony delay, the Purchaser shall have, in addition to other legal and a,mitable remedies, the option ofplacing this order elsewhere and holding the Sella liable for damages. However, the Sella shall not be liable for damages as a result of delays due to causes rent feaonably Exactable which art beyond its reasonable antral and without its Paull ofragligence, such acts of God, acts ofeivil or military authorities, govemmenml primaries, fires, su-ikes, Bad, epidemics, wars or riots provided that notice of the conditions musing such delay is given to the Purchaser within five (5) days of the time when the Seiler first received knowledge thereof In the event of any such delay, the data of delivery shall be extended for the period equal to hie time actually tat by reason ofthe delay. 3. WARRANTY. The Serer warrants that all good, articles, manedals and work covered by this order will conf with applicable drawings, specifications, samples atkor other descriptions given, will be fit for the purpose intended, anal Performed with the highest degree of art surd competence in acaNance with acceptd standards for weak of a similar nature. The Seller agrees to held the purchaser ,armless from any loss, damage or expense which the Puwc a may sufferacwen or incur on account of the Sellers branch of rect, The Seller shall replace, repair or make good, without cost o the purchaser, any defects or faults arising within one (I) year or within such longer period of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the gads famished hereunder (acceptance not f M unreasomibly delayed), resulting fmm in rafmt or defective work done or materials famished by the Sella. Acceptance or use of goods by the purchaser shall not consulate a waiver of my claim under this warranty. Except as otherwise pmvfdd in this purchase order, the Sellers liability hereunder shall extend 1. all damages proximately cottad by the breach of any of the foregoing waaanric i or gmemories, but such liability shall in an event include loss ofpmfits or lass 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 arms by W.M. change order. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, older than legal Lomas. including w1ditions to at deletions fmm the quantities originally ordered in the specification, or dmwicul by verbal or warren change made, If any such change aRects the amount due or the time ofperfomatce haeander, an equitable adjustment shall be, made. 6. TERMINATIONS. The Purchaser may at any time by writhat change order, terminate this agreement as to any Or all portions or 'he gads then not shipped, object 1. any equitable adjustment between the parties as to any work or materials then in progress provided dust the Purchaser shall not be liable for any claims for anticipated suffix on the uncompleted Portion of the good ankor work, for incidental or consequential damages, and dust no such adjustment tho =de in favor of the Seller with respect o any good which are the Sellers stanched sack. No such termination shall relieve the Purchaser m the Seiler army oftheir obligations in a any goods delivered hereunder. Y. CLAIMS FOR ADJUSTMENT. Any claim for adjustment mast be asserted within thirty DID days from the &ter the change or calcination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold heeuunde shell have been Produced, sold, delivered and famished in strict compliance with all applicable laws and regulations m which the good on, subject The Seller shall execute and deliver such documents as may be r quired m office, Or evidence ampliatce. All laws and regulations financed 1. be incorporated in agreements of this character are hereby incorporated herein by this tnfetnOcc. no Seller agree to indemnify and hold the Pumbaer harmless from all areas and damages suffered] by the Puuchae as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, tamfer, or convey this order, or any monies due or to become due hereunder without the Prior wrine t Co.., of hie other May. 10. TITLE. The Sella wamnu full, clear and umestrieed title f the ptuchaxr for all equipment, materials, and items f Ehed in Performance of this agreement, face and clear of any and all lirns, rearfcnom, reservations, security morett encumbrances and claims ofathers. no Seller shall release the Purchaser and in ammcmrs of any for fmm all liability and claims of any micro retuning from the performance mfsuch work. This relcusa shall apply even in the event of foul, of negligence of the party released end shall Mend to the diremora Officers and employees of such May. no Sellers comactum obligua ns, including warranty, shall not be deemed 1. be reduced, in any way, because such work is perfomed or caused to be performed by the Pamhaer. 14. PATENTS. Whenever the Seller is required to use any design, desire, material or process covered by Lana, paleat, trademark or copyright, the Seller shall indemnify and save harmless the Purchaer fmm any and all claims for infringement by reason 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 maxim of such infringement m any time dating the prosecution Or it,, the completion of the work. In raze said equipment, or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pact is enjoined, the Seller shall, at its own expand and at its option, either procure for the Purchaser the right to continue using said equipment or parrs, r,,I. the same with substantially equal but counterfeiting equipment, or modify it so it becomes mninGnging, 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. no definitions ofterms used or the comportment of the agreement and the rights craft parties heeunde, shall be construed Order and governed by the laws order State ofColomde. USA. The following Additional Conditions apply only in cases where the Sella is to perform work barracuda, including due services of Sellers Repreuntoive(s), on the premises ofolhem, 17. SELLERS RESPONSIBILITY. The Seller shall carry, on said work at Sellers own risk until the same is fully completed and accepted, and shall, in se of any accident, connection or injury to the work anNor materials before Sellels final completion and aceptance, complete the, weed, ex Sellers own expense and f hie satisfaction of the purchases. When materials and equipment are fumuhd by others for inspiltation or motion by the Seller, the Seller shall receive, unload, store and hardlc same a1 the site and become rapemible therefor as though such mmerials maker eepfpmrent were being Initiated by the Seller under the order, I B. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including Occupational disease benefits, to its employees employed on or in connection with the work covered by this parches, order, makor to their dependents in accordance with the laws of the spite in which the work is to be done. The Sella shall also any, compohemive general liability including, but not limited to, anricrnal and automobile public liability imumnce with bodily injury and death limits of at leas' S300,000 for any one person, $500,000 for any one accident ad pcapcay damage limit per accident of 5400,000. The Seller shall likewise pion, his contractors, ff any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Sella shall mouth the Purchsser with a cedifiate that such compensation and insurance have been provided. Such certificates shall specify the data when each compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is complctal and toroidal. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the afire respomibiliry and liability for any aad all damage, lass or injury ofany kind or nature whatsoever to persons m property coned by or resulting fmm the execution offs a work provided for in this purchase offer or in connection herewith. The Salle will indemnify and hold harmless the Puref nor and any r all of the Purchmers officers, agents and employees fmm and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or Lampert, to which the Purchaser may be, put or subject by reason of any act, action, neglect, omission or default on the pain of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employee. In eau any suit or other proceedings shall be brought against hie Purchaser, Or its whom, at or employees at any time on sccoom or by reason of any act, action, neglect, omission or default of hie Sailer of any of his contractors or any of firs m their adamant, agents aft employees as aforesaid, the Seller hereby agrees f ..a the defame theater shad to defend the same an the Sellers own expense, to pay any and all costs, charges, ofmmeys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchae or any of in or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lim be placed upon or obtained against the property of the Purchaser, or said parties in or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and dlschargd by giving bond or otherwise. The Seller end his contracts shall take all safety precautions, famish and install all guards necessary for the protection of accidents, comply with all laws anal regulations with regard to mfety including, but without lindtmion, the Occupational Safety and Health Act of 1970 and all tales and regulations issued pursuant thertb. Revised 07n014