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HomeMy WebLinkAbout352420 HOME MATTERS - PURCHASE ORDER - 9146931Fort Collins Date: 11/25/2014 Vendor: 352420 HOME MATTERS 433 WEST 12TH ST LOVELAND CO 80537 PURCHASE ORDER PO Number Page 9146931 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS CO 80521 Delivery Date: 11/25/2014 Buver: DOUG CLAPP Note: Line Description Quantity UOM Unit Price Extended Ordered Price I City Attorney's Office Shades per quote. 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: 11501I6I11 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt firm share and local taxes. Our Exemption Number is 11. NONWArVER. 9g-04502. Federal Excise Tax Exemption Certificate of Registry 84b000587 is mgislend wirh the Collator of Failure of the Purchaser to insist upon shirt performance, of the terms and conditions hereof, failure or delay to Internal Revenue, Denver Colorado (Ref. Colorado Revised Sutures 1973, Chapter 39-26. 114 (a). exercise any rights Or remedies provided heroin or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval ofthe design, shall not release the Sella of Goods Rejected, GOODS REJECTED due to failure m meet specifications, either when shipped or due to defects of any of the wamentice or obligations of this purchase order and shall trot be deemed a waiver of any right of the damage in tram,, may be ,chimed la you for credit and are not to be replaced except upon receipt of within purchaser in insist upon strict performance hereof or any of its right, or remedies as to my such goods, regardless instructions from the City of Fon Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purpetled oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subjet to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services in certiorari in respone to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. amhorind payment on the pan of the City of Fan Collins. However, it is to be uaulerstood that FINAL Seller and the Purchaser recognme that in adml a q is pormicmunhmges resulting fromacti., ACCEPTANCE is dependent upon mry mpletionofall epplicableruiral inspection proceduto. violation art in Jesus name by hie Purchaser.Thromfrm,tfotr. good nose and as considemiw fro executing this purchase media, the Seller hereby sectors to hie Purchaser any aM all claims it may now, have or beteaRer Freight Tarn. Shipments mast be EO.B., City of Fiat Collins, 900 Wood St., Fort Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular good or scrvirm otherwise specified on this order. If pennissim is given to prepay freight uM charge separately, the original freight purchased or acquired by the Purchaser possum". this purchase motes. bill must accomnanv invoice. Additional chances for accuum will not be accented. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected from the nearest distribution prim to deslinumn, and excess freight will be deducted Gom Invoice when shipments are made from pater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and roles of the state, municipality, territory or political subdivision where the work is performed, ar rryuired by my other duly constituted public authority having jurisdiction over the work of vendor. Sella fuck, agrees to held the City of Fiat Collins hamtlas from end n,firs, all liability and lass recurred by than by reason of an asserted or established violation of any such laws, regulations, ordimnecs, toles and requirements. Amhoriedion. All parties to this commit agree that the representatives art, in fact, Fora fide and possess full and complete authority to bind said panin. LIMITATION OF TERMS. This Purehsse Order expressly limits ameliorate to the mom and condition stated herein am tomb and any supplementary or additional terms and condition annexed Intent or incorporated herein by reference. Any additional or chilemol teen and condition proposed by seller arc objected ro and hereby rejected. 3. DELIVERY. PLEASE: ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery date n noted. Time is ofthe essence. Delivery and performance rent be efeted within the time stated oa the purchase order and the documents msmhed beret.. No m. of the Purchasers including, without limitation, acceptance of partial late ddivmes, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable fin damages. However, the Seller shall rent be liable for damages as a result of delays due to comes not seasonably foreseeable which me beyond its reasonable control card without its fault of negligence, such acts of God, acts ofeivil or military mthoritiea, govemanenul priorities, rim, strikes, Rand, epidemics, was or riots provided Jut notice of the condition causing such delay is given m line Purchaser within five (5) days of the time when the Seller first received knowledge dicer In the event of my such delay, the data of delivery shall be extrndcd for the period equal to the time wholly last by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples output other description given, will be fit for the puryoses intended, and performed with the highest degree of care and competence in accordance with accepted smndnrds for work of a similar more. The Seller agrees to hold the purchaser harmless from my Ins, damage or expense which the Purchaser may suffer m incur on account ofthe Sellers breach of warranty The Sella shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be promerihd by law or by the terms army applicable watmnty provided by the Seller after the dte of acceptance or the good f ished hereunder (acuptance not to be movearebly delayed), resulting from imperfem or defective wank dome in materials famished by the Sella. Acceptance or one of goads by the Purchaser shall not on,itute a waiver of my claim under this wematy. Except n otherwise provided in this purchase, order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing wartantia or guarantees, but such liability shall in no event include loss of profit 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 to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terns, including ndditions to or deletions from the grmon. originally ordered in the specification or dawings, by verbal or Worm. change order If any such change affects the amount due or the time ofparformance hercuraer, an equitable enticement shall be made. 6. TERMINATIONS. The Purchaser may at my time by wmmcn change order, criticism fis agreement n w my or all portions of the goods fen not shipped, subject to any equitable sdjumnes, beween the panics as to any work or mmcrims then in progress provided that she Purchaser shall not be liable for my claims for mlicipmed p sits on the uncompleted Portion of the good and/or work, for incidental or consequential damages, and that no such adjrstmmt be made in favor of the Seller with respect to any goods which arc the Sellers standard stock. No such termination shall relieve the Purchaser at the Seller crony of their obligations as to any gouds delivered hereunder. V. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and f island in strict compliance with all aWliable laws and regulation to which the good are subject. no Sella shall execute and deliver such documents as may be capital to effect in evidence compliance. All laws and regulation required to be ncorpomted in agreements of this character are hereby incorporated herein by this reference. The Sella agrees to indemnify and hold fe Purchaser harmless from ell cos. and donaga sulfured by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Ncilha party shall assign, transfer, or coney this order, or my monies due or to become due hereunder without the prior written consent of the other pony. 10. TITLE. The Seller warrants bill, dam and unrestricted title in the Purchaser for all ryuipment, materials, and items fished in ponfmmanee of this agrecmrnh from and clear of my and all lien, rnstdcticas, reservation, security interea ancombmnces and claims of others. 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 Purchaser and the Sella, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work m be pafiraned by the most expeditious means available to iL and the Seller shall pay all costs associated with such work. 'Me Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any ram e resulting from the performance of such work. This release shall apply even N the event of fault of negligence of the party relead and shall extend to the dianors, oMo. and employees of such Forty. The Sellers ...I obligations, including wmm 1 shall no, be deemed to be reduced, in any way, because such work is performed or caused to be performed by she Purchaser. 14. PATENTS. Whenever the Seller is required to ne any design, device, mammal or process covered by liner, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser boom any and all claims for infringement by ,meson ofniche tee rcsuch for any design, rase or material or pmecss in mmiged t with the reason of, and shall indemnify the Purchaser for any cost, expense or damage which it maybe obliged m Fey said r to n ofs, or infringement m any time during the persecution or alter the completion of the wad:. fr case said red the use or any pan thereof or the intended use he the grad, is in such air held to constimre infringement and the use of said equipment or part is rejoined, the Seller shall m its run , replace aid at its option, either procure for the Purchaser the right m continue Wing said atomism no in part, eplae the score with substantially egml but noninfringing equipmmL or modify is so is becomm noninfringing. 15ANSOLVENCY. If the Seller shall became insolvent or bankrupt, make on assigmnmt for the bereft of creditors, appoint e receiver or trustee fro my of the Sellers property or business, this order may forthwith be canceled by The purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation ofthe agreement and the rights oral) pries hereunder shall be combined under and governed by the laws ofthe Slate of Colorado,USA. The following Additional Conditions apply only in caws where the Seller is to perform work hereunder, including the services of Sellers Representative(s), on hie premises craters. - IZ SELLERS RESPONSIBILITY. The Seller shall carry, on said work at Sellers own risk anti] the same u fully completed urd xcepted, and shall, in cone of my accident, doetmction or injury to the work acceptor mmmah before Sellers final completion and acceptance, complete lie work at Sellers own expense and to fe satisfaction of led Purchaser. When mmmds and al.ip. are famished by others for installation or erection by the Seller, the Seller shall receive, unload store and handle same at the site and become responsible ferefor as though such materials aaNnr equipment were being f Island by the Seller under the order. IS. INSURANCE. The Seller shall, al no own expense, provide for the payment of workers compensation, including occupational disease benefiu, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of line state in which the work is to be done. The Seller shall also carry comprehensive general liability including hot not limited to, contractual and automobile public liability inurance with bodily injury and deaf limits of at least S300,o0o for any one person, 5500,000 for my one accident and property damage limit per accident of S400,000. The Sella shall likewise require his contractors, if any, m pmvide for such comperw,ion and insurance. Before any of the Sellers m his ere .. employees shall do any work upon the premises of ofers, the Sella shall famish the Purchaser with a caurfiare that such compensation and inurance have been provided Such cartifice es shall specify the date when such compensation and insurance have been provided. Such cerificana shall specify the date whom such compensation and inamake expires. The Sella agree fat such mmpen tiro and inumnce shall be mawuinW mdl site, fe mtim work is completed and accepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assume the entire responsibility and liability for my and all damage, loss or injury army kind or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase u,do, or in connection herewith. the Seller will indemnify and hold track s the P... haser and any r all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to person or property to which fe Purchaser may he put or subjec, by reason Of any act, action, ncgloa, omission or default oa the pan of fe Seller, any of his contractors, or any of the Sellers or contractors officers, agents in employees. In raw my suit or other proceedings shall be brought against des Purchua, a its officers, agents or employees at my time on eccomt or by reason of my act, action, neglc u, omission or &ran], of fe Sella of can, of his caalrmtors at my of its or their officers, agents or employees as aforemid, the Seller hereby Visa in assume the defense thereof and to defend she same ed the Sellers own a.,., to Pay my area all costs, charges, itmmrys fees and color expenes. my and all judgment Jul may be incurted by or obtained against the Purchaser a my of in or their officer, agents or employees in such suits or other proceeding, and in case judgment m office lien Im placed upon or obtained against the military ofthe Purchaser, or said parties in or as a result crouch suits or other proceedings, ,he Seller will at once auw the same ro be dissolved end discharged by giving bond or otherwise. no Sella and his contractors shall take all safety precautions, famish and install all gourds necessary for fe prevention of a cidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Halth Act of 1970 and all rules and regulation issued pursuant decent. Revised (GaO14