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HomeMy WebLinkAbout102722 OFFICESCAPES SCOTT RICE - PURCHASE ORDER - 9147040Fort Collins Date: 12/01/2014 Vendor: 102722 OFFICESCAPES SCOTT RICE 4950 S COLLEGE AVE SUITE A FORT COLLINS CO 80525 PURCHASE ORDER PO Number I Page 9147040 1of2 This number must appear on all invoices, packing slips and labels. Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS CO 80521 Delivery Date: 12/01/2014 Buyer: DOUG CLAPP Note: Line Description Quantity UOM Unit Price Extended Ordered Price i City Clerk's Area Break down and reset furniture reference quote # 41718 dated 1115/14 Contact: Jennifer Harvey ph# 970-221-6848 " Please coordinate with Jennifer H. — 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 4,252.00 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 COMMERCIAL DETAILS. Tax exemptions. By slamle the City of Fen Collins is exempt fmm state and local exam. Our Exemption Number is I L NON WAIVER. 98-W502. Fmkcal Excise Tax Examine Certificate of Registry, 84-600o587 is renewed with the Collator of Failure of hie Parchaser to insist upon strict performance of the terms and conditions hared[ failure or delay to Internal Revenue. Denver, Colorado Ober. ColoMo Revised Summer 1973, Chapter 39-26, 114 (a). cacrein, my right or remedies provided herein or by law, Failure to promptly notify the Seller in rise event of a breach, the warrant of or payment for goods heremder or approval offle design, shall not release the Seller of Goods RcjMed. GOODS REJECTED due to failure or men specifications, either when shipped or due b defect of any of the wamxneies or obligations of this puahow order and shall or be deemed a waiver of any right of the damage in transit, may be rammed to you for credit and are not to ha replaced except upon nueip, of written purchaser to insist upon strict perfammmce hereof or any of its rights or remedies as to my such goof , regardless insttrai m, ftom the City effort Collins. of when shipped, received or accepted, as b any prior or sclux m nt default hereunder, nor shall any pirWried oral modification or rescission of this purchase order by the purchaser operate as a waiver of my of the terms Inspection. GOODS arc subject to the City of Too Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fan Collins. However, n is to be understwd that FINAL Seller and the Purchaser recognize that in actual economic pmerice, overcharges resulting from antiouse nfotrgood ACCEPTANCE h dependent mcm completion of all applicable required inspection procedures. violations are in fact home by the Purchnstt.Theretofore, 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 Term. Shipment most be F.O.D., City of Fen Collins, 70O Wood St., Fort Collins, CO 80522. unless squired under Formal or suite antitrust laws for such overcharges relating W the particular goods or services ofrmis , specified on this order. If permission is given to prepay freight and char%, upammly, the original freight pmchaud or acquired by the Purchaser pursuant to this pumbam order. bill must accompany invnim. Additional charges for packing will not be accepted. Shipment Distance. Where menufacfrers have distributing point is various pans of the muntry, shipment is expected boom the nmmt distribution point to destitution, and excess freight will be deducted from Invoice when shipment ate made fmm greater distance. Permit. Seller shall pmmmre at sellers It cost till necessary p rmiks, cenfmres and licenses minimal by all applicable laws, regulations, ordinances and roles of the sure, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority havingymodiction over the work of vendor. Seller further agrees to hold the City of Tom Collins harmless from end against all liability and lass incurred by them by reason of an asserted or established collision of any such laws, regulations, who:mces, roles and requirements. Authorization. All parties to this contract agree that the represenmrives are, in fact, bona fide and possess full and complete authority to bind mid pmia. LIMITATION OF TERMS. This Purchase ONer, expressly limit acceptance to the tent and conditions sure) herein act firms and any supplemmtary or additional inns and mrWitions amexed hereto or incorporated herein by reference. Any additional or different terms and conditions pmpnsed by caller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you mnoot make complete shipment to arrive on your promised delivery date as noted. Time is ofthe essence. Delivery, and performance must be elfrch d within the time suited on the purchase order and Be d«vmrnt attached hereto. No arks of the Purchasers including, without limitation, acceptance ofpanial late deliveries, shall operate as a waiver of this provision. In the event army delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. However, the Sella shall not be liable for damages as a result of delays due to causes not reasonably fomeeable which art beyond its reasonable control and without it fault of negligence, such act of God, act ofcivll or military authorities, poccomenal priorities, fires, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Pumhaer within five (5) dys of the time when the Seller first raeived knowledge thereof In the event of any such delay, the date of delivery shall be extended for the periW ryml m the time actually Jost by reason of the delay. 3. WARRANTY. The Seller warrants that all good, anodes, materials mJ work covered by this order will conform with applicable drawings, marificatimss samples mdfor other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standard for work of a similar science. The Seller agrees to hold the purehan harmless from my loss, damage or expense which the Purchaser may sufferer incur m acwmr of the Sellers bunch of.ty. The Sellershall replace, repairermake good, without cost o the purchaser, my defects or fault arising within one (1) year or within such longer period of time as may be pexamined by law or by the terms of my applicable warrmty provided by the Sella after the date of acceptance of the good famished hereunder (acepance net o be measurably delayed), malting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of good by the Purchaser shall net omtiure a waiver of my claim order this wamn y. 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 can 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 No legal corms by women change order. 5. CHANGES IN COMMERCIAL TERMS. The Puahosm may make any cbsinum to the taunt, ether than legal terms including additions va or delnians fmm the quantities originally ordered in the spmiOcations or drawings, by verbal or written change order. If my such change offices the amount due or the time of performance hereunder, an equitable adjustment shall Ire made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to my or all Winans of the goods fen not shipped, subject to my equitable edjutlmmt bawma the parties a to my wok or mart then in progress provided that me Pumbaser shall not be liable for my claims for mticipated profit on the uncompleted porim of thc goods and/or work, for incidental a consequential damages, and that no such adjustment ha made in favor of the Seller with respect f my goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Sells of any oftheir obligations ss to my goads deliverml hereunder. p. CLAIMS FOR ADJUSTMENT. Any claim fir adjustment most be asserted within thirty (30) days from the dare the change or lamination is ordered. I. COMPLIANCE WITH LAW. The Seiler warrants that all goad sold hereunder shall have been produced, sold delivered and furbished in staid compliance with all applicable laws and regulations to which the goad are subject. The Seller shall execute and deliver such document as may be required to effect or evidence mmplimce. All laws and regulations required to be imoryorrom in agreement of this chamdn are hereby incopomted herein by this reference. The Seller agues to indemnify and hold the Purchaser harmless from all cost and damages suffnid by the Purcbaur as a mutt of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither Ixaety shall assign, rmnsf , or money this order, or my monies due or m become due hereunder without the prior wrinen consent off, other perry. 10. TITLE. The Seller warrants fil, clear and mmlricted title to the Purchaser for all equipment, materials, and items furnished in performance of this agreement free and clear of any and all Items, restrictions, reurvmions, s many interest cncumbmnces and claims of when. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. ]film Purchaser threat the Seller to eormil nonconforming or defective good by a date o be agreed upon by the Purchase and fe Seller, and the Seller thereafter indicates its stability or mwillhlgmss so compty. the Purchaser may nose the wink to be performed by the most expeditious means mailable to it, and the Seller abaft Pay all cost asaodated with such work. The Sella shall release the Purchaser and its contractors of any her fmm all liability and claims of any namre resulting ftom the performmce of such work. This release shall apply even in the event of fault of negligence of the parry relrased and shall extend to the directors, of icen and employees ofsuch any. The Sellds contractual obligations, including warranty, shall not be deemed to be reduced, in any way, became such work is performed or caused to be performed by the Purchaser. 14. PATENTS. %a,,, the Seller is required to use any design, device, material or process covered by tarter, parent, trademark r copyright. the Seiler shall indemnify and save harriless the Purchaser from my and all claims for infringement by seawn of fe use of such punted design, de im, material or process in connection with the comfort, and shall indemnify the Purchaser for any and, exprnu or damage which it may be obliged to Jury by reason ofsuch infringement at my time during the prosecution or after the completion of the work. In eau and equipment or any pan there f or the intended tau of rise good, a in such suit held or commoute infringement and the ex, of said equipment or pan is enjoined, the Seller shall, at it own expense and at its option, either procure for the Pinchaser the right m continue in, said erlformal or parts, r,I. the same with substantially equal but nonlnfr'nging equipment, in modify it so it becomes naninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bamkmpt, make an assignment for the benefit of creditors, appoint a receiver or mime for any of the Sellers propmy or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The de ridom wfit. used or the imermangon fifthe agreementarW the rights ofall ponies haemdr shall be command main and govemed by the lases of the Scale ofColorado, USA. The following Addommal Conditions apply only in cases where the Seller is to perform work hereondm including the services of Sellers Repreuntative(s), m the premises ofothees. 10. SELLERS RESPONSIBILITY. The Sella shall may on said wank at Seller's own risk until the same is fully completed and accepted, and shall, in rase of my accident, destruction or injury to the work andfor materials before Selle's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and eq.,p.m, are famished by others for installation or erection by the Seller, fir Seller shall receive, railroad, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being fiunished by the Sella under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease hmefiks, to it employees employed on or in correction with the work covered by this pmchau under, and/or to then dependent in accordance with the laws of the state in which the work is to be done. The Selina shall also carry comprehm ve gm ref liability including, but no, Ibnittd to, comrnctoal and amomobile public liability insurance with bodily injury and deaf limit of to Icon 5300,00O for any are person, $500,000 for any one azcident and Wapner, damage limit per accident of M00,000. The Seller shall likewise require his contractors, Hmy, m provide for with compeaatim and resonance. Before my of the Sellers or his comracors employees shall do any wok upon drc premises of infers, the Seller shall famish tlo Pumh, it with saturate that such compensatiou anal inumarre have ban provided Such certificates shall specify the dine what such Compere lion and insumntt have been provided. Such emlficales shall specify the state when such compensation and m umace expires. The Seller agrees that such compersuaticat and insurance shall be maintainN cool after the entire wok is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assume the entire responsibility and liability for any and all damage, loss or injury of any kind or nature what aver to pamm or property caused by or resulting firm the execution of the work provided for in this purchase ode, or in connection herewith. The Seller will indemnify and hold hamtlese the Purchaser aad my r all of the Purchasers oRcers, agent and employees fmm and against any and all claims, losses, damages, charges or expenses, whether doted or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his ontormon, or any of the Sellers or contrandon; officers, agents or employees. In caw my suit or other proceedings shall be brought against the Pumhasn, or its officers, agent or employees at any time on account or by reason of my an, mlion, neglect, omission in default of the Seller of my of his contractors or any of its or their oMr., agents or employees as aforesaid. the Seller hereby agrms to assume the defense thereof and to defend the same at the Sellers own rN erat to pay any aad all costs, charge, ...me, fees and other expenses, on, and all judgments for may be incurred by or obtained against the Purchaser or my of it or thew officers, agent or employees in such suits or oNer proceedings, and in care judgment or other Jim be placed upon or obtained agaiat the property fthe Punhaur, or said parries f or as a mull of such ruin or other We cadings, the Seller will at hoer everse the some to be dissolvN and discharged by giving bond mothmviu. The Sella and his contracors shall mike all safety limitations, f fah and install all gtards meessary fro the prevention of accident, comply with all laws and regulations with regad in safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pension, thereto. Revised 01I2014