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HomeMy WebLinkAbout124665 LA-Z-BOY - PURCHASE ORDER - 9147112Fort Collins Date: 12/03/2014 Vendor: 124665 LA-Z-BOY 4621 S TIMBERLINE RD FORT COLLINS CO 80528 taIR S-1 *01 fl 0 A V PO Number Page 9147112 1 of This number must appear on all invoices, packing slips and labels. Ship To: POUDRE FIRE AUTHORITY - AD 102 REMINGTON FORT COLLINS CO 80524 Delivery Date: 12/03/2014 Buyer: WILSON, JILL Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 13 recliners Quote 1-119095 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 EmailPurchasing@fcgov.com 1 LOT LS 5,707.00 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 I. COMMERCIAL DETAILS. Tax exemptions. By warde the City of Fan Calling is exempt tram state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, mature or delay to Internal Revenue, Oliver, Colorado (Ref. Colorado Rerixd Semmes 1973, Chapter 39-26, 114 (a). ammisi, any rights or remedies provided hemm or by law, failure 1F pmmpng notify the Seller in the evem of a breach, the acceptance of or payment far grads hereunder ar approval of the design, shall not mines the Seller of Goods Rejected, GOODS REJECTED due to failure to meet specifications, either when shipped or due to defect of any OF to wammix or obligations of this purchase order said shall Fiat be dcemed a waiver of any right of the damage in transit, may W endorsed m you for credit and art not to be replaced except upon receipt of woman purchaser to insist upon strict performance hemoror any of its rights OF marches as many such goods, regardless instructions ft. the City of Foe Collins. of when shipped, received or accepted, a to any prior or subsequent defult hereunder, nor shall any puryoned am[ modification or rescission of this purchase order by the Purchaser operate at a waiver of any of the Items Initiation GOODS are subject to the City argon Collin inspection on larval. hereof. Fire] Acceptance. Receipt of the rmmhaMise, services or equipment in response to this order an result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is in be understood that FINAL Seller and the Purchase recognia that in actual economic practice, ovmlorgx resulting from monarch ACCEPTANCE is defendant upon completion of all applicable required inspection procedures. violation are in fan home by the Purchaser. Theraofine, for good cause and as immoderation for executing this purchase order, the Seller nearby assign, On the Purchaser any and all claims it may now have Or Emaner Freight Terms. Shipments most be F.O.B., City of Fort Collins, 700 Wood Sr., Fen Collins, CO 80522, unless acquiml under federal or suit antitrust laws for such ovmlmga relating in the poniculm good or strikes otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase under. bill most was mnv invoice. Additional charges for packing will not a accepted. Shipment Discrete. What manufacturers have distributing points in various pans of the country, shipment is expected from Ore nearest distribution point to destination, and excess freight will be deducted from Invoice wthto shinier. are made from greater distance. Pewits. Seller shall procure at xllm sole cast all necessary, pewift, carificatcs and licenses required by all applicable laws, regulations, ordinances and ales of the slum, municipality, territory are political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fen Collins harmless from and against all liability and loss Formal by them by reason of an asserted or established violation of any such laws, regulations, ordimmi rules mdeapimments. Autboriation. All ponies to this comma agree that the representatives arc, in fact, been fide and possess full mid complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and renditions stated herein set iamb and any supplementary or additional teas and conditions annexed hereto or incorporated herein by reference. Any additional or different ews and conditions proposed by seller are objected to and hereby n,co d. 2. DELIVERY. PLEASE ADVISE PURCHASING AGEN I' immedlmely ifyuu cannot make complete shipment to arrive on your promised delivery date as noted. Time is of tle essence. Delivery and performance must be effected within Die time stated on the purchase order and the documents attached hercm. No acts, of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver ofthis provision. In the event of any delay, the Purchaser shall have, in addition to other legal and alterable remedies, the option of placing this order elsewhere and holding the Sella liable for damages. However, the Seller shall not be liable for damages az a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without in fault of negligence, such acts of God, ants ofcivil or military authorities, govemmental priorities, fires, strikes, flood, epidemics, wars or riots provided rear notice of the condition causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof In the event army such delay, the date of delivery shall a extended for the periwl equal to the time actually last by reason arm, delay. 3. WARRANTY. The Sella warrants that all goods, ethics, materials and work covered by this order will conform with applicable drawings, specifications, samples mi other dexnption given, will c fit for the puryome intended, and performed with the highest degree of cart and competence in accordance with accepted smndrds for work of a similar nature. The Seller agrees to hold the purchni harmless fmm any Ins, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wammty. The Sella shall replace, repair or make goad, without rest no the purchazm any del is or faults arising within one (1) year or within such longer paned of time as may be prescribed by law Or by the tells of my applicable warranty provided by the Seller Onto the date of acceptance of the good fumlshed hereunder foreptaae not to be untessorebly delayed), resulting from imperial or detective work done or materials IumisM1d by the Seller. Acceptance or race of gaol by the purchaser shall not ..halt a waiver of any claim under this womanly. Emapl n otherwise provided in this purchase order, the Sellers liability hereunder shall extend to, all damages proximately mused by the breach ofany of the finegoing wawntix at guarantees, but such liability shall in ne, event include loss ofprofirs or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SMALL APPLY. 4, CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal xms by car tion change oiler. 5. CHANGES RJ COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal news, including ddnion to or deletion fmm the quamilims originally mdmd in the >pacifemian or drawings, by valued or ounce change We, If any such change uffiects the mount due or the time of pert .a hereunder, an aryitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by wren change order, terminate this agreement az to any or all portion of the good then not shipped, subject to any equitable adjustment between the parties as to any work or materials into in progress provided far the Purchna shall not he liable for any claims for anticipated pra e, on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such allotment be made in favor of the Seller with expat to any goods which arc the Sellers standard stock. No such nomination shall relixe the Purchaser or the Seller ofany of their Obligations az to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within Nimty (30) days from the dale the mange or attenuation is ordered. 8. COMPLIANCE WITH LAW, The Sella warrants that all good sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods sere subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be momwmted in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sella failure to comply with such raw. 9. ASSIGNMENT. Neither party shall assign, Vander, or convey this order, or my monies due or to become due hereunder without the prior "am consent Of me Fiber party. 10. TITLE. The Sella cascaras full, clear and remained title to the Purchaser for all equipment, matmab, and items fumisM1d in pefawmce of this agreement, free and at. of my and all lien, restriction, reservation, semnty bureau mcumbraFina and claims ofothers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. ]film Purchaser directs be Seller 1F correct rononfawing or defective goods by a daze In be agreed upon by the Puretwom and the Seller, and the Sella thereafter indicates its inability or wwillin mas io comply, Ore Purceasser may wax the work to be perfomd by the most expedition mean mailable no it, and 1h Sella shall pay all ants assocurd with such work. The Sella shall release the Purcho ser and in contractors of my tier from all liability and claims of my rime resulting from the performance ofsuch work. This release shall apply even in flue event of fauh of negligence i f the pi relented and shall extend to the directors, officers and employees ofsuch party. The Settees widowhood obligations, including warmly, shall not be ecemed to be reduced, in any way, because such work is performed or caused to be Performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by leaser, patent, trademark or copyright, the Seller shall indemnify and save hawlms the Purchaser from 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 cast, expense or damage which it may be obliged to pay by reason of such infringement at any time during the gravamina or after the completion of the work. In case said equipment, or any pan thereof or the intended use of the good, is in such suit held to constitute Infiengement sand the use of said equipment or pan is contained, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue Wing said aFurrem or pans, replace the same with substantially equal but noninfnging equipment, or modify it so it becomes noninfrininag. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a in hntee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNMG LAW. The dfndtions of taws used or the intmmmtian afihe vgreement end the rights of all parties hereunder shall be combined under and governed by the laws of Nc Scree ofColomdo, USA. The following Additional Conditions apply only in rates where the Sella is to perform work hereaoda, including the services afScHas Rcpmxntatividd, on the premises ofabers. 17. SELLERS RESPONSIBILITY. The Seller shall merry on said work at Sellaes awn risk writ the same is fully completed aM mmpiaL. and shall, in case of any accident, destruction or injury to the work author mmmsh before Sellees final completion and aaer'tanm, complete the work at Sellers own expcme and to thc satisfaction of the Pmchasto. When.atn aM equipment are f ishd by orders for installation or emotion by the Sella, Die Sella >bml motive. unload, score and handle same are the site sod became respousible fi ect as though such males wddw equipment were being famished by th Seller under the order. 18. INSURANCE. The Sella shall, m his own expense, provide for rate paymm of workers compensation, including Occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase oiler, andror to their dependants in accordance with the lass of the state in which the week is in be done. The Seller shall sun carry comprehensive Rented liability includint, but not limited IF, mntmcmal aid automobile public liability insures- with bodily injury and death limits arm least S3OO.Wo for any one paean. S500,000 for my one accident and property damage limit per accident of 5400,000. The Sella shall likewise require his comments, Frank, to provide for such compensation and insurance. Befnm any of the Sellers or his contractors employees shall de any work upon the promises of others, the Seller shall Finnish the Pumhascr with a rafficare that such compensation and insurance have ban provided. Such cmifmtes shall specify the due when such compensation and insurance have been provided. Such coreficams shall specify the date when such compensation and insurance expires. The Sella agrees that such mmprnsation and insurance shall be maintained until after the entire work is compiled end intepled. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes the entire expansibility and liability for any and all damage, loss or injury of any kind or nature whatsoever to person or property caused by or resulting from the execution ofthe work provided flu w this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, agents end employees from and against any and all claims, losses, damages, charges or expenses, whether direct of indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of my act, action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other pmcedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of any act, action, neglect, omission or default ofine Seller of any of his contractors or any of its or their officers, agents or employees n aforexid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, site.,, fees and order expense any and all judgments that may be incurred by or obtained againt the Purchaser or my of its 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 Purchase, or said panes in or as a result of such suits or other pmcedings, Ne Sella will st once cause me same to be dissolved and ducharged by giving bond or othawisc. The Sella and his contractors shall take OR safely precautions, fumish and loll all gumd antssary for the prevention of accidents, comply with all laws and regulation with regard to safety including, but without limitation, the Ottupational Safety and Heath Act of 1970 and all rules will regulations issued pursimnt thereto. Revised 09I1014