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HomeMy WebLinkAbout102552 C S U CASHIER'S OFFICE - PURCHASE ORDER - 9147137PO PURCHASE ORDER 914713er Page C117/ of PURCHASE 9147137 ' of z `t Coll I ns This number must appear ` ` on all invoices, packing sli s and labels. Date: 12/05/2014 Vendor: 102552 C S U CASHIER'S OFFICE 6015 CAMPUS DELIVERY 118 LORY STUDENT CENTER FORT COLLINS CO 80523-6015 Ship To: COMMUNITY DEV & NEIGHBORH CITY OF FORT COLLINS 281 N COLLEGE AVE FORT COLLINS CO 80521 Delivery Date: 12/04/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Off -Campus Life Fall 2014 Campaign PER INVOICE #CLPROG1501 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 13,640.05 $1 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 COMMERCLV.DEfAILS. Tax exemptions. By statute the City of Fort Collins is exempt from sure and local taxes. Our Exemption Number is It NONWAIVER. 98-04502. Federal Excise Tux Exemption CeniGeme of Registry 84-6000587 is registered with the Collector of Tulare of the Purchaser to rmed upan strict performance write terms end conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 3936. 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breech, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rgected. GOODS REIECTED doe to failure to meet specifwtions, either when shipped or due to defects of my of the warranties or obligations of this purchase Omer and shall not be deemed a waiver of any right of the damage in uansit, may he remmt to you for credit and are not to he replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless lawmakers from the City of Fort Collins. of when shipped, mental or accepted, as to any prior or subsequent default hereunder, err shill any purposed oral modification or rescission of this purchase order by the Pureha opeam as a waiver of any of the terms Inspection. GOODS am subject to the City effort Collins irsspecnao an..E. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in r.Pa. to this Omer can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorised payment On the part of the City Of Fort Collins. However, it is to be understood that FINAL Sella and the Purchaser recapture that in modal economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore, for good cause and in consideration for warning this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Tams. Shipments most be F.O.B., City of ran Collins, 700 Wood St., Fort Collins, CO 80522, unless acquired under fineral or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to portray freight and charge separately, the original freight purchased or acquired by the Purchaser pnsuent to this purchase order. bill most accompany invoice. Additional charges for packing will nat be accepted. I3.PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment of the Wheremanufmmrers ltodesisation,, If life Purchaserdirt.s the Scllttmwrnd roncoindicasin defective geedbyadate to beagreedupon bythe .thee. mpoiar—brighnspans ducted from Invoice when expected I. the east distribution point to destination, mar[ excess freight will he deducted from Invoice when Parch its world, va unwillingness b comply, and! the Sella, end the Sellerdiametric,them shipments are made from greats distance, shipments oshirers s ll gay all may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all worse costs associmed with such work. Permits. Seller shall procure sellers sole cast all necessary permit, certificates and licenses natural all a w applicable laws, ordinances and roles sate, municipality, terimry or political subdivision where (it The Seller shall release the suer and is contractors of any tier from all liability and claims of my nature re aired by a duly public authority jurisdiction over the work the work is red, err required by any other duly rued, ce of resulting from the performance of such work. andhaving Tom Collinsed vendor. Sell. further agrees m hold the City of Tom Coh from and against all liability and loss Seller of them by reason or m rimed or established violation of any such taws, regulations, ominmces, rules in treed s This release shall apply even in the event of fault of negligence of the pony released and shall extend to the re and requirements. direcmrs, aiEcers and employees of such pasty. Ambonvution. All parties to this contact agree Out the representatives ate, in fact, burn fide and possess full and complete authorry to bind said parries. LIMITATION OF TERMS. This Purchase Omer expressly limits acceptamn to $e It. and ..data. slater herein set forth and any supplementary or additional terms and conditions annexed horem or incorpoated herein by reference. Any additional or din'erenr terms and conditions pmpwed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immedinely if you cannot make complete shipment to arrive on your promised delivery data we noted. Time is of the easeme. Delivery and perfamtmce must be effected within the time stated on the purchase order and the diamonds attached hereto. No acts of the Purchasers including, wilhour lintifdon, acrepbure ofp, ial lam dlivens, shag peram an. waiter of this provision. In the event ofanr delay, the Purchaser shall have, in addition to other legal tad equitable cannot the oplimi of placing this coder elsex'here .it holding the Seller liable for damage- However, the Seller shall nor he liable for damages as a cemit of delays due to causes not reasonably foreseeable which me beyond its reasonable control and without its fault of negligence, such can of God, acts efcivil ar military aulharities, governmental priorities, fires, strikes, Rood, eyidemies, wan or riots provided that notice of the conditions 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 of any such delay, the data of delivery shall he extended for the period equal to the time usually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all good, articles, materials at work covered by this eraker will conform with applicable drawings, specifications, samples minor other descriptions given, will be tat for roe puT^us intended, and performed with the highest degree of care and compeamee in acronswe with accepted standards for work of a similar mare. The Sella agrees to hold the purchaser hmmlcss from any loss, damage or expense which the Purchaser may surfer or incur on account of the Sellers breach of warrenry. The Seller shall replace, repair or make good, without not to the purchaser, any defects or faults arising within one (1) year or within such longer period of tins as may be pascnbed by law or by the terms of any applicable watrmry provided by the Seller after the date of acceptance of Ne good famished hereundr (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goaln by the Purchaser shall not constitute a waiver army claim under this warranty. Except in otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages Proximately caused by the breach of any of me foregoing warranties or guarantees, but such liability shall in no scar include 1. of profits or lass of um. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal ters by winner change order. 5. CHANGES IN COMMERCIAL TERMS. 1'he Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order If any such change orfecn the amount due or the time ofperformaace hereunder, an equitable adjustment shall be made. 6. TERMMATIONS. The Purchaser may at any time by wrnen change order, terminate this agreement as to any or all portions of the goods then or shipped subject to any ryrouble ou exam ml between the panic as to any work or materials Ihen In progress provided that the Purchaser shall nor be liable for any claims for onticipmed pro0ts on me uncompleted potion of the goods ardor work, for incidental or consequential damages, and that no such djastmeat be made in favor of the Seller with respect to any good which an the Sellers standard stock. No such lamination shall relieve the Purchaser or the Seller of any oftheir obligations as to any goad delivered hereunder. T CLAIMS FOR ADJUSTMENT. Any claim for adjnstmenl most be asserted within thirty (30) days farm the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have ban produced sold, delivered and furnished in strlcl compliance with all applicable laws and regulations m which the goods me subjee. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be Incorporated in agreements of this character ere hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all an and dmages suffered by the Purchaser as n all of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, r.far. or convey this order. or my monies due or to became due hereand. without Ne prior written comant of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, matmaB, and items famished in rerfomtmce of this agreement fro and clear of any and all low, restrictions, reservations, secudry, interest encumbrances and claims ofothers. The Seller's rearward obligations, including warranty, shall not ho deemed to be mdurad in any way, because such work is Performed or caused to be performed by life Purchaser. 14. PATENTS. Whenever the Seller is regnircd to use any design, device, mamal an process covert by lane, potent, hadamark wpynght, the Seller shall indemnify, and save harmless 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 cost, expense or damage which it may he obliged to pay by reason of such infringement st any time during the prosecution or after she completion of the work. In case said equipmem, or any pan hemf or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pan; replace the same will substantially equal but noninfnnging aluipmem, or modify it so it becomes comiffiti ng. 15. INSOLVENCY. If the Seller shall beome insolvent or bankrupt, make an assignment for the benefit of creditors, appoint u receiver or trustee for any of the Seller, property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The &food.. of terns ward or Ne interpreutim of the agreement at the nghu of all parries hereunder shall be command under at governed by Be laws ofthe Stale ofColoado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hectometer, including the services of Sellers Representativc(n), on Oa premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall tarty on said work at Settees own risk until the same is fully completed and accepted and shall, in use of any accident, destruction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment arc f fished by others for installation Or erection by the Seller, the Seller shall receive, unload, store err haralle same at the site and become responsible therefor as though such mmenak md/ar equipment were being famished by the Seller made Be miner. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of worker compensation, including occupational disease benefits, to its employees employed on or in connection with the work covert by this purchase order, and/or to their dependeaus in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but net limiter to, contractual and aaomobile public liability insurance with bodily injury and death limits of at least 5300,000 for any one person $500.Om for any one accident and property damage limit per accident of 540),000. The Seller shall likewise require his contactors, Worry, to provide fro such compensation and insurance. Before any ofthe Sellers or his contractors employees shall de any work upon the premises of igh m; the Sella shall famish the Purchaser wit a certificate that such wmpenation and insuramer have bens provided. Such certificates shot specify the date when such compensation and imurame have been provided. Such cerifiates shall specify the date when such compensation and insurance expires. The Seller agrees Nat such compensation and iasuance shall be maintained until after the mine work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury, of any kind or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will inderrwfy aed hold hmmlass the Purchaser and my in all of the Purchasers officers, agents and employees from wool against my not all claims, losses, chmaps, charges or experaes, whether direct or indireu, and whether in persons or property to which the Purchaser may be or or subjecl by reason of any act, action, neglms, omission or default on the For of the Sella, any of his mnlrec ass, in any of the Sellers or contractors othcer,, agents or employms. In rase any suit or other proceedings shall be brought apiarist the Pumhaser, or its officers, agents or employees at my time on acwum or by reason of any oil, action, neglect, orrowne or default of the Seller of my of his contractors or my of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defame thereof and m defend the same at the Sellers own expense, to pay any and all wan, charges, attorneys fees and other expenses, my and all judgments that may be incurred by or obtained against the Purchaser or any of its w these officers, agents or employees in such suits or other proceedings, and m case judgment or other rim be placed upon or Obtained against the property of gar purchaser, or said parries in or in a result of such suits or other proceedings, the Seller will at room cater the are or be dissolved all discharged by giving bard or otherwise. The Sells and his wntacm. andl take all safety precaulin s, Smooth and instill all guard recess ry for the pmmtian of accidents, comply with all laws and regulations with regard to safety including• but without limitation, the Occupatiorul Safety and Health Act of 1970 and all roles at notorious issued purstum thereto. Revised 07Y2014