HomeMy WebLinkAbout102722 OFFICESCAPES SCOTT RICE - PURCHASE ORDER - 9147183Fort Collins
Date: 12/08/2014
Vendor: 102722
OFFICESCAPES SCOTT RICE
4950 S COLLEGE AVE SUITE A
FORT COLLINS CO 80525
PURCHASE ORDER
PO Number I Page
9147183 1of2
This number must appear
on all invoices, packing
slips and labels.
Ship To: CITY CLERK
CITY OF FORT COLLINS
300 LAPORTE AVE
CITY HALL WEST- 1ST FLOOR
FORT COLLINS CO 80521
Delivery Date: 12/05/2014 Buyer:
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
I Recover office chairs 1 LOT LS 6,717.17
Per quote
Total
Pay terms net 30 days
Invoice Address:
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
1. COMMERCIAL DEFAIIS.
Tax exemptions. By stamm the City of Fort Collins is exempt from sane and local taxes. Our Exemption Number is
I L 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 atom performance of the terms sad conditions hereof, far Ium or delay to
exercise any rights or randiea provided herein or by law, failure to promptly notify the Seller in the event of a
Internal Revenue, Daver, Colorado (Ref. Colorado Revised Santora 1973, Chapter 39-26, 114 (a).
breach, the acaptmce of or payment far goods hereunder or approval clubs, design, shall not release the Seller of
Good Rejected GOODS REJECTED due as failure to well speeifiatiotu, either whan shipped or due m defects of
my of the wo rrmti. or obligations of this purchase older and shall not be deemed o waiver of my right of the
damage in tromit, may he teNmM to you for credit and an, not to he replaced except upon receipt of written
Purchaser to insist upon strict pafrtnanal hereofor my of its rights or remedies. to my such good, regardless
institutional from the City of Fan Collins.
of when shipped, received or accepted, ss to any prior or subwqumt default hereunder, nor shall any purported
oral modification or rescission of this purchase Omer by the Purchaser operate as a waiver of any of the terms
Impection. GOODS are subject to the City of Fort Collins inspection on arrival.
hereof.
Final Acceptance. Rmeipr of the merchandise, save. or eyuipmml in respome to this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pan of the City Of Fort Collins. However, it is to bar understood that TRIAL
Sella and the Purchaser recognirc than Or actual tt nomcc practice, avach rges resulting from antitrust
ACCEPTANCE is dependent upon completive of all applicable required inspection procedures
violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this
purchase Order, the Sella hereby maigas to the Purchaser my and all claims it may now have or hema0er
Freight Terms. Shipments mast be F.O.B., City of Fort Collins, ]Oo Wood St, Fort Collins, CO 80522, unless
acquired under federal or state antitrust laws for such overcharges relating to It. pmimlar good Or maximal
otherwise specified on this olds. Upermission is given to prepay freght and charge separately, the original freight
purchased or acquired by the Purchaser pursuant to this purchose, area.
bill most accemuanv invoice. Additional there. for beekin¢ will vet be accepted.
Shipment Distance. Where manufmmrers have distributing Points in various pans of the country, shipment is
expected from the nearest distribution point to chancellor, and excess freight will be deducted Item Invoice whm
shipments are made f m greater distance.
Permiw. Sorer shall procure at sellers no. cost all necessary permits, certificates and licenses regnireJ by all
applicable laws, regulations, ordinances and rates Of the state, municipality, territory or Political subdivision where
the work is performed, or requiml by any other duly comtimmd public authority having jurisdiction over the walk
of vendor. Sella further agree to held the City of Fort Colfss harmless floor and against all liability and loss
allowed by fcm by reason of as esse ral or established violation of any such It regulations, ordinances, piles
sad requbemmb.
Authorization. All parties to this comma agree that the representatives ore, in fact, bona fide and passess full and
complete authority to bind said Imtics.
LIMITATION OF TERMS. This Purchase Order expressly timid mttplmce to the rem¢ and wnditions stated
herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by
reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you .ram make complete shipment to arrive on your
promised delivery date as noted. Time is of the essrnce. Delivery and performance must be effected within the time
stared oa the purchase order and the documents attached hereto. No acts of the Purchasers including, without
formula, acceptance of partial late deliveries, shall operate ss a waiver of this provision. In the event of any delay,
the Forma r shall have, in addition to Orr er legal anal caps able remedies, the option of placing this order elsewhere
and holding Ns, Sella liable for damages. However, the Sella shall not be liable for damages . a all of delays
due to causes not reasonably fomsmable which ere beyond its reasonable central and without its fault of negligence,
such acts of God, rack ofeivil or military authorities, governmental priorities, lines, strikes, food, epidemics, wars m
now provided that notice ofthe conditions causing such delay is given to me Purh user within five (5) days of the
time when me Sella first received ktowledge therm( In he event of any such delay, the date ofdelivery shall be
extended for tM period alml to flu, 0...f y lost by reason ofthe delay.
3. WARRANTY.
The Seller warrants fast all gaud, articles, materials and work covered by this Order will conform with applicable
drawings, specificatioas, samples anther other desviptions uncle.will be fit for IN, Proposes imanded and
paforned with the highest degree of care and conference in acwrdance with accepted standards for work of a
similar nature. The Sella ogre. to hold the purchaser hosmlew from any lass, damage or expense which the
Purchaser may suffer or incur on account ofthe Sellers breach of wmanty. The Sella shall replace, repair or make
good, without oast m the purchsseq my defects or faults arising within one (1) year or within such longer period of
time ss maybe prescribed by law or by the rats ofmy applicable warranty provided by the Seller afterthe date of
acceptance of fe goods fumisbed hereunder (acceptable mono he unreamasbly delayed), molting from impeR t
or detective mark done or materials fiunished by the Seller. Acceptance or sex of goods by the Pureh.a shall not
cn wflone a waiver Of my claim under this wanamy. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages praximately caused by the breach of any of the foregoing warenies
or gmaramaa but such liability shall in an event indie, loss of profits or lass of au. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal terra by women change order.
5. CHANGES IN COMMERCIAL TERMS.
The Puchaser may make any changes to the terms, more than legal temp, including additions to or deletions fmm
the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such
change affect the amount due or the time of inafnmtaoce bar..&,, as equitable adjustm<m shall be tirade.
6. TERMINATIONS.
The Purchaser may at any time by written change order, terminate this agreement m to my or all Poriom of the
goods then not shipped, subject to any equitable adjustment between the parties. to any work or materials then In
progress provided that the Purchaser shall not be liable for any claims for anticipated profits oa the uncompleted
portion of the good andror work, for incidental or consequential damages, and fat no such adjustment he trade in
favor writhe Seller with respect to my good which are roc Sellers stmdld stock. No such temtimtim shall relieve
the Pa¢hasa or the Sella ofmy ofileir obligations as many good delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within Kitty (30) days fmm the date the change or termination is
mimalt
S. COMPLIANCE WITH LAW.
The Sella warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in short
ompliance with all applicable laws and regulations to which the gaols are subject. The Seller shall execute and
deliver such documents as may he required to e1Rn or evidence compliance. All laws and regulatiom raluiml to he
incorporated in agreements of this chameta are hereby incorpomted herein by this ref m. The Seller afire. to
indemnify and hold the Purchaser hammis from all tests aM damages mBcial by the Purchase, as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, meal , or convey this order, or my monies due or to become due hereuader without the
poor women consent of the other party.
10. TITLE.
The Sella warmer full, clear and unrestricted rife to the, Purchaser far rill equipment, materials, and items Published
in performance, of this agreement free and lea of MY anal all liras, mwictioas, thamano., aemriry moment
meumbmncm, and claims of others.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe Purchaser directs the Seller to correct nonconforming or defective good by a date to be agreed upon by the
Purchaser and the Seller, and the Sella thermne indicates its inability or unwillingness he romply, the Pmchma
may caase the work m be performed by the most expeditious meets available to it, and the Sella shall pay all
casts associated with such work.
The Seller shall release the Purchaser and its contractors of my tier from all liability and claims of my nature
resulting from the performance ofsmh work.
This music shall apply even in the event of fault of negligence of the perry relessd and shall <xlend to the
directors, oMe,. and employees ofsuch party.
The Sellers command obligations, including warranty, shall not be deemed to be reduced, in any way, because
such work is performed or carded to he performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, manaml or process awrosl by tenet, parent, trademark
or copyright, the Seller shall indemnify and save harmless the Purchaer from any and all claims for infringement
by rearan of the use of such patented design, device, m ntnal or process in wmtttion with the contract, and
shall indemnify the Purchaser fan my cost, expeme or damage which it may he obliged to pry by reason of such
infringement at any time during the prosecution or after the completion of the work. In rose said equipment, or
any part thereof or the intended use or the good, is in such suit held to constitute infringement and the use of
said equipment or part is enjoined, the Sella shall, at its own expense and at its option, either procure for the
Purchase the sight to continue using laid equipment on pans, replace the same with substantially equal but
comminuting equipment, or modify it as it becomes rmniaGingiog.
15. INSOLVENCY.
If the Seller shall bttome imolvenl or bankrupt, make on assignment for the benefit of cre dilow appoint o
or waste, for any of the Sellers property or business, Nis order may foMwith he canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definiriom ofterms well or the interpretation ofthe agreement and the rights ofall parties hereunder shall be
exssuued under and governed by the laws ofthe State of Colorado, USA.
The fallowing Additional Couditions apply only in roses where roc Sella is to perform work hermnder,
including the services of Sellers Representative(s), on the premises of others.
IJ. SELLERS RESPONSIBILITY.
The Seller shall way On laid work at Sellers own risk until the same is fully completed and mcepral, and shall,
io case of my accident, destructim or injury an din work andnor materials before Seller's Haul completion and
acceptance, mar,lem the work at Seller's own O pese and to the siliafaction of the Pumh.tr. When mmmis
and equipment are famished by infers far installation or election by the Sella, the Seller shall receive, unload,
store and handle same at the site and became responsible therefor as though such materials author equipment
were being famished by de, Seller maker the order.
I IL INSURANCE.
The Seller shall, at his own expeue, provide for the paymmr of workers compensation, including ocmpmional
disease benefits, to in employees employed on or in connection with the work covered by this purchase Order,
andsor to their depardens in accordance with the laws of she state in which the work is to be done. The Seller
shall also any campreha.ive general liability including, but not limited to, commcml aryl automobile public
liability insurance with bodily injury and death limits of at lea S300,000 for my one person, S500,000 far any
one accident and property damage limit per accident of S400,(I11(1. The Seller shall likewise require his
contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his romraafrs
employees shall do my work upon the premises of others, the Sella shall famish d, Purchaser with a minficar
fat such campemanm arW immune have been provided. Such unifearm, shall specify the date when such
tmmpemarion and insurance have been provided. Such certificates shall specify file date when such compensation
and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until one, the
more work is completed sad accepted.
19. PROTECf10N AGAINST ACCIDENTS AND DAMAGES.
The Sella hereby.aumha the entire responsibility and liability for my and all damage, loss or injury ofmy kind
or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in
this purchase older or in connection hemilow The Sella will indemnify and hold handles the PurcA.e and any
or all of the Punchasom officers, agents mart employees fmm and against my and all claims, loses, damages,
charges or expenses, whether direct or indirst, and whaler to persona or pmpartY to which the Foundation may
be put or subject by reason of my net, action, neglect, omission in default on the pm of the Seller, my of his
contractors, or any of the Sellers or contractors oRmers, agents or employees. In case any suit or other
praceedings shall be brought Win,, he Purchaser, or its oRcers. agenw or employees at may time on --not Or
by cemen of my ack action, neglan omission or default of the Sella of my of his contractors or any of its or
their olR,eas, agents or employees . aforesaid, the Sella hereby agrees to assume the defense therm( areal to
defend the lame at the Sellers own expense, to pay my and all ems, charges, etwwmya fees and pill .pema,
any and all judgmental that may be incurred by on obtained egaimt the Purchaser or my of its or their officers,
agents or employees in such suits or other proceedings, ad in case judgment or other lien he placed upon or
obtained against the pmpeny, offs, Prochssa, or said parries in or. a result of such suits or other proceedings,
rhe Sella will at once cause the same an be dissolved sash discharged by giving bond m otherwise. The Sella and
his contladan shall sake all safety inammmw, famish sed me tall all guards nttessary for fe prevention of
acclaims, comply with all laws and regulations with regard to safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all piles and regulations issued pursuant thereto.
Revised 07R014