HomeMy WebLinkAbout158199 BARBIZON LIGHTING OF THE ROCKIES - PURCHASE ORDER - 9146812PURCHASE ORDER PO Number Page
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Date: 11/21/2014
Vendor: 158199
BARBIZON LIGHTING OF THE ROCKIES
8269 E 23ND AVE, STE 111
DENVER CO 80238
Ship To: LINCOLN CENTER
CITY OF FORT COLLINS
417 W MAGNOLIA
FORT COLLINS CO 80521
Delivery Date: 11/21/2014 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
Per Quote 0241906
dated 11/17/14
1 LOT LS
Total
Pay terms net 30 days
Invoice Address:
11,704.00
1
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
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department
Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO BOX 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
Page 2 of 2
L COMMERCIALDEFAIIS.
Tax exemptions. By statute the City of Fort Collins is exempt from sham ad local taxes. Our Exemption Number is
98-04502, Federal Excise Tax Exemption Certificate of Registry, 84-6OM587 is registered with the Collector of
Imemal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a).
Goods R jeered. GOODS REJECTED due m failure to meet specifications, either when shipped or due to defecm of
damage in transit, may be retume4 to you for credit and are not to be replaced except upon receipt of wduco
inswctims for. the City airport Collins.
hspecrion. GOODS are subject o be City of Fon Collins inspiration on arrival.
Final Acceptance. Receipt of the merchandise, services or ryrip re d is response to Nis order can reset, in
mitimxd payment on the pan of the City of Pon Collins. However, it is to be understood that FINAL
ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures.
Freight Terre. Shipmetns must be F.O.B., City of Too Collins, VW Wood St., Fan Cur fins, CO 80522, unless
otherwise specified on this order, If permission is given to prepay freight and charge separately, the original freight
bit most ....an, invoice. AMitinnl chances for making, will at be accepted.
Shipment Distance. Where manufazmrers have disomming paints in vinous pans of the cowry, shipment is
expected from the coaxial distribution point to destiretion, and excess freight will be deducted from Invoice when
shipments are made fmm turner distance.
Permits. Seller shall procure at sellers sole cast all necessary, permits, certificates and [,.am requird by all
applicable laws, regulations, ordinances and rules of the state, municipality, teMtory, or political subdivision where
the work is performed, or required by any other duly couslianted public authority having jurisdiction over the work
of vendor Seller, further agrees to Imld tine City of ran Collins banters from and against all liability and fuss
send by them by reason of an asserted or established violation of any such laws, re8 timmin. ordinances, roles
and requirements.
Autho niation. All panics m this contract agree thal the reppsentatives ate, in f cs, bona fide nand possess full and
omplem authority ao bid said pasties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptantt as the team and conditions stated
herein set forth and any supplementary or additional terms and conditions anmexd hereto or incorporated herein by
reference. Any additional or different mums and conditions proposal by sells, am objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately it you cannot make complete shipment to arrive on your
Promised delivery date assumed. Tome, of the essences Delivery and performance must be efbmed within the time
stated on the purchase order and the documents attached herein. No acts of the Purchasers including, without
limitation, acceprance of partial late deliveries, shall operate as a waiver of Nis provision. In the event of any delay.
the Purchase, shall have, in addition to be, legal and equitable comedies, the option ofplocing his order elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable fat damages as a result of delays
due m.mecs at reawrrobly foreseeable which are theyoM its..ble control and what its fault of nedige the,
such users of God, acts ofeivil or military aurhonties, governmental prionties, fiats, strikes, flood, epidemics, wars or
no¢ provided for notice of the conditions causing such delay is given to the Purchaser within five (5) days of tar
time when the Seller first received knowledge thereof In the event of any such delay, the dam of delivery shall be
extended for the permit equal to the time actually lost by mason of the delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order will conform wit, applicable
drawings, sprcifiewimts, samples maker other descriptions given, will be fit for N< putposes mamded, and
pert d with the highest degree of care and competence in accordance with reamprN standards, for work of a
similar nature. The Seller agrees W hold the purchaser harmless fat any loss, damage or expense which the
Purchaser may suffer or incur on at'cowt of the Sellers breach of waranty. The Seller 'ball replace, rephu or make
gaud, without cast to be purchase, any deft u or faults rasing within one (I) year or within such lovgcr period of
time as may be prescribed by law or by be mums of any applicable warranty provided by be Seller after Om date of
acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting fmm imperfect
or defective work done or materials fimishad by the Seller. Acceptance or use of goods by the Purchaser shall at
onstinue 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 any of the foregoing warranties
or guarantees, but such liability shall in no event include loss of profits or lass of use. NO IMPLIED WARRANTY
OR MERCf VsNfABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES M LEGAL TERMS.
The Purchaser may make changes m legal terms by written change order.
5. CHANGES B4 COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other than legal terms, including additions to or de edam from
the quantities originally ordered in the specifications or drawings, by verbal or wrinen change aide, If any such
change spleen the amount due or the time of perficamu cc himande, an yunable adjustment shall be made.
6. TERMINATIONS.
I he Purchaser may at any time by wrtten change order, terminate this agreement as to any or all sartions of the
goods then not shipped, subject to any equitable adhvrpr nt between the parties as to any work or common then in
progress provided Oat the Purchaser shall sot be liable for any claims for anticipated profs on the omompletcd
portion of the good a.&. work, for incidental no consequential damages, and that no such subtropical be made in
favor of hie Seller with respect to any goods which are the Sellers staMatd stock. No such termination dull crime,
the Purchaser or the Seller ofany oftheir obligations as to any gosh delivered normal
y. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment mast be sssened within thirty (30) days from the date the change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller woman Out all gook sold Extenuator still have been produced, said, delivered and famished in shim
compliance with all applicable laws and regulations or which are goods are subject The Seller shall arum, ad
deliver such documents as may he required his effect or evidence complance. All laws and regulations acquires! W be
incorporated in enormous of this character sm hereby incorpoatd herein by Nis reference. The Seller agrees to
indemnify and hold be Purchaser harmless from all costs and damages sufferd by the Purchaser as a result of the
Sellers fai era, to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the
prior written consent of be other party.
Ill. TITLE.
The Seller warrants full, claxr and uo nsu ctd ale to the Purchaser for all equipment, nrgoiaH, and items famished
in perfornnancc of this agmanced, free and clear of any and all liens, merchants, reserwmi security mount
rneumbearom and claims of others.
11. NONWAIVER.
Failure of tie Purchaser to insist upon suict performance of the tame' and conditions boor. failure or delay to
exercise any rights or marshes provided herein or by law, failure 1. promptly notify the Seller in the event of a
breach the irruption, ofor payment for goods hereunder or approval ofce design, shall not release the Seller of
any of the warranties or obligations of this purchase order and shall not be deemd a waiver of any right of the
purchaser to insist upon stria performance hmeofor any of its rights or remedies w to any such goods, regardless
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported
but mmlificofo. or rescission of Nis portion, order by t1e Purchaser clam. as a waiver of any of be terms
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the purchaser mognim that in actual economic practice, m ercharim mulling from ardarrat
violations are in fact home by the Purchases, Theretofore, 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 herea@r
acquired under fderal or state antitrust laws for such overcharges relating m the panimle, goods or services
purchased or acquired by the Purchaser pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs hie Seller to correct nonconforming or defective goods by a date to be agred upon by the
Purchaser and the Seller, and the Seller common, indicates its inability o, unwillingness to comply, the Purchaser
may cause the work to be perfommd by the most expeditious means available to it, and the Seller shall pay all
costs asswimN with such wish.
The Seller shall release the Pumhoser and is contamtors of any tier farm all liability and claims of any namre
resulting firm the performance of such work.
This release shall apply even in the event of fault of negligence of the parry relo d and shall extend to the
brown. officers and employees crania party.
The Sellels cormarmal obligations, including warranty, shall not w deemed to be reduced, in any way, because
such work is perfournd or ..it to be performd by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, rnaerial or process coverd by letter, prot.t trademark
or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement
by mown 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 reawn of such
infringement at any time during the prosecution or after the completion of the work. In case said equipment, or
any pan thereof err be Intended use of the goods, Is Ia such suit held m conaimte Infringement and the use of
said equipment or For is enjoined, the Seller shall, at its own expense and at its option, either procure for the
Parchawcr the ribs to continue using said equipment or pans, replace the same with su caboully eq.I but
monfnngwg equipmm, or modify it. it becomes voninfrim,ing.
15. INSOLVENCY.
If the Seller shall become insolvent or bankmpt make an assignment for be benefit of creditors, appnlm a
receiver or trustee for any of the Sellers property or business, this order may forthwith be canceld by be
Purchaser wiNam liability.
16, GOVERNING LAW.
The defnitimms of terms used or the interpretation ofthe agreement and the rights of all parties hereuder shall be
construed under and governed by the laws of the Stake ofColorade, USA.
The following Additional Conditions apply only in cesses where the Seller is to perform work hemuvder,
including be services o'Sellm Represenmtive(s), on the premises products
❑. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sellers own risk .,it the same is illy completed and accepted, and shall,
in u of any accident, destruction or injury to the work anNor mammals before Settees final completion and
acceptance, complete the work at Sellers awn expense and to the satisfaction of the Purchaser. When matmals
and equipment are famished by others for installation or erection by the Seller, Ne Seller shall receive, unload,
store and handle same at the site and became responsible therefor as though such materials and/or equipment
were being famished by the Seller under the order.
18. INSURANCE.
The Seller shall, a his own expense, provide far the payment of workers compmuaric n, including occupxtimul
clumew benefics, in its employees employd on m in contraction with the work cm'erd by this purchase omen,
ardor to their dependrnts in accordance with be laws of the state in which the work is to be done. The Seller
sh II also cart, comprehensive metal liability including, but not limited to, contractual and automobile public
liability immusure win bodily injury and death limit, of at least 5300,000 for any one person, $500,000 for any
miaccident and properly damage limit per accident of $400,000. The Seller shall likewise retain, his
sbatmorm, if any, to provide far such compensation and insurance. Before any of the Sellers or his contractors
employees shall do any work .,on the premises of others, the Seller shall famish the Purchaser with a certificate
that such compensation and announce a have been provided. Such certificates stall specify the date when such
..,.,are and insurance Mae been provided. Such certificates still specify the date whor such compensation
and assurance expires. The Seller agrees him such campormoi er and announce shall be maintained peril after the
room work is completed must accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby ass es the entire responsibility and liability for any and all damage, lass or injury ofany kind
or nature whatsoever to Persons or property caused by or painting fmm be execution ofthe work provided for in
this purchase order or in connection herewith, The Seller will indemnify and hold harmless the Purchaser and any
r all of the Purchasers officers, agents and employees from and against any and all claims, lasses, damages,
charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchase, may
w put or subject by gown of my act, action, neglect, omission or default on hie pan of the Seller, any of his
commands, or any of be Sellers or contractors offcm, agents or employees In eau any suit or other
Proceedings shall be brought against the Pmchasn, or in officers, agents or employees in any time on airport or
by masers of any.. action, neglect, omission or defaul, of hie Seller of any of his contractors or any of its or
their effects, agents. employees as aforesaid, the Seller hereby agrees to assume the defense thereof and as
defied the same at be Sellers own expense, to pay any and all cos¢, charges, ament fees mad other expenses,
any and all judgments but any be thembed by or obtained against the Purchaser or any of in or their officers,
agents or employees in such suits or other Timmerman, and in case judgment or other lien be placed upon or
obtained ii,maul the ropen, of the Purchaser, or said panics in or as a result of such suits m the, procedings,
the Seller will at mutt cause the same to be dissolved and dischargd by giving bond or otherwise. The Seller and
his contractors shall take all safety precautions, fmish and iastall all gumds accessary for the prevention of
accidents, comply with all laws and regulations with regard to safety including, but without limiraliou, the
Conspiratorial Safety and Health Act of 1970 ad all rates and regulations issmpd parauant themm.
Revised 07n014