Loading...
HomeMy WebLinkAbout474202 FORT COLLINS DIGITAL WORKSHOP LLC - PURCHASE ORDER - 9147279Fort Collins Date: 12/09/2014 Vendor: 474202 PURCHASE ORDER FORT COLLINS DIGITAL WORKSHOP LLC 324 REMINGTON ST SUITE 130 FORT COLLINS CO 80521 PO Number Page 9147279 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: HUMAN RESOURCES CITY OF FORT COLLINS 215 N MASON, 2ND FLOOR FORT COLLINS CO 80524-4408 Delivery Date: 12/09/2014 Buyer: WILSON, JILL Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 SOFTWARE TRAINING CLASSES Inv. #1271 dated 11/4114 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 5,070.00 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 1. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fort Collin is exempt from state and local taxes. Our Exemption Number is 98-01502. Federal Excise Tax Exemption Cenificmm of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colombo (Ref Colorado Revised Slamtes 1973, Chapter 39-26, 114 (a). Cards Rejected. GOODS REJECTED due to failure to meet speeifications, either when shipped or due to defects of damage in transit, may be reamed to you for credit and ore not to be replaced except upon receipt of w'nnen instru rions fmm the City effort Collins. Inspection. GOODS are subject to the City OfFort Collins inspection m neutral. Final Acceptance. Receipt of the nowhundiss, savicans or equipment in response to this when can result in au mnved payment on the part of the City of Fort Collins. However, n is 1M be understood that FINAL ACCEPTANCE is drpendem upon rompletion of all applicable required impaction procedura. Freight Team. Shipments most he F.O.B., City of Fort Collins, IN Wood SL, Fart Collins, CO 80522, unless otherwise specified on this under. If permission is given to prepay freight and charge separately, the original freight bill most cwmpany invoice. Addembil charger for puking will or be acmand. Shipman Distance. Where nunufaetwas have disldburing points in amosts pans of the country, shipment is expected from be nearest distribution point to t atim rs, and Mo. freight will be dedurtcd from Invoice when shipments are made fmm grater its... I I. NONWAIVER. Failure of be Purchaser to insist upon stnet performance of the inns end cooditlom baeoff failure or delay to exacise any rights or remedies provided herein or by law, failure m promptly notify the Seller in the event of a breach, be acceptance offer payment for goods hereunder or approval ofNr design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not ho deemed a waiver of any fight of the purchaser to metal upon strict performance hercof or any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as m any prior or andena ment default remainder, nor shall any paryorted oral modification or rescission of this purchase order by dos Pachmer operate as a waiver of any of the terms hareof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Sella and the Purchaser recognize but in actual economic practice, ornexharl resulting fmBeenantitrust violations are in fact home by the Purchacen. Theretofore,for good cause and as consideration for executing this purchase order, the Seller booby assumm to the Fmchmer any and all claims it may now have or hereafter imported undn fedeM or state antivust Laos fee such overcharge relating to the particular good or services purchased or acquired by the Puclower pursuant to this purchase media. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs be Seller to correct monamborming or defective goods by a date to be agreed upon by the Pmchasr red the Sella, said the Seller thereafter indicates its inability or unwillingness to comply, the Purchase, may cause Me work to be, performed by the meet expeditions means available an it, and the Sella shall Pay all costs remained with such week. [aermits. Sella shut] procure at sellers sole cast all measary permits, cenificara and licenses retained by all applicable laws, regulatione, andiwnm and Males of the sum, municipality, mrtitury or political subdivision where the work is performed, or r yuired by any other duly comtitumd public authority having jurisdiction over be work of antler. Seller fmrber agrees to hold the City of Fors Collins harmless from and against all liability and loss incurred by them by Mason of an weaned at established violation crony such laws, regulations, ordianca, rules andia,iremems. Autlwriration All parties to this contract agree that the reprassntafiva arc, in fact, been fide and possess full and complete authority m bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance 1r the It. and condition stated herein set foM and any supplementary or additional terms and conditions amexal hero or incorporated herein by reference. Any toldniral or different morn and wedilimm proposal by seller are objected m and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT imm dimely if you cannot mike complete shipment to arrive an your promised delivery date w nand Time is of the rsunce. Delivery and performance must be affected within the time stated oa the purchase Most find the documents attached harem. No acts of the Purchase, including, witM1om harantian, acceptance of pmlial late deliveries, shall operant as a waiver of this prevision. In the event of any delay, the Purchase shall have, in addition to other legal and equitable on rdies, the option ofplacing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due N causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts of civil or military authmities, governmental pnerities, this, stokes, flood, epidemics, wars or hots 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 thereat In the event of any such delay, the date of delivery shall be extended for the period actual to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goads, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples a &w other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competitor in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the pumbsw hamless from any loss, damage or expense which the Pmchwer may Offer or Incur on ...of of the Srllers breach ofwntTh amy. e, Seller shall replvee, cars in on make good, without cost to the purchauq any defects or faults rasing within one (1) year or within such longer period of time as may Ie prescribed by law or by the terms of any applicable warranty provided by the Seller after the &m of acceptance of the good famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. 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 event include loss of profits or loss of me. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Functions, may make changes to legal harem by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchase may make any changes m the tames, other than legal mans, including additions 10 or deletions from Me quantities annually ordered in the specifications or drawings, by radial or warn change order. If any such change atTecis the amount due or the time Mfperfammme hereuedw. an ImLible edjustman shall be, made. &TERMINATIONS. The Probative may M any time by writtm change under. terminate this agreement as to my or all portion, of the goods from cot shipped, subject to any mutable w1junmew betwrrn the parties as to any work or Mammals then N progress provided that the Purchaser shall not be liable far any claims fee anticipated profits on the uncompleted portion older goods mNor oak, for incidental or comequemial damages. and fast nof such adjustment be made in favor of the Sella with Malawi to my goad which arc the Sellers standard stock. No such lemdfalira shall relieve the Purchaser m the Seller army of their obligations as On any good delivered hertmdes. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be, asserted within thirty (30) days from the &is the change in temriatiou is ordered 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hartmJer shall have been produced, sold, delivered and fumorati in inner ..pit. with ell applicable laws and regulations 1. which the goods are subject The Seller shall execute and deliver such documents as May M fictional to effect in evidenu compliance. All laws and regulations required to be, Incorporated in agreenrence of Nis character are hereby incorporated herein by this reference. The Seller agrees m indemnity and hold the Foreknow hmsnless fmm all cools wit damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, wasta, or convey Nis area or any monies due or m baome due hereunder without the prior written consent of the other party. 10. TITLE. The Seller warrants full, clew and unratdcmd title to the Pumhwa for all equipment, materials, and items fmiihed in performc a of this agreement, free and down of any and all liens, imminence, reservations, security interest enetmbruncesand claims ofothers. The Seller shall release the Purchaser it its wmracmrs of any ties form all liability and claims of any time resulting firm be performance of such work. This relear, shall apply even in be event of fault of negligence of the party released and shall extend to the Jlmcmrs, milwars and empbyees criech parry. The Sellers wi.e.[ obligations, including sarawty, shall not be deemed m be reduced, in any way, because each work is performed or caused Ira be performed by the Purchaser. 14. PATENTS. Wbeoever the Seller is required m we any design, device, material or process covered by letter, palant trademark or w,right, the Seller shall indemnify and save Murders the Pumh war from any and all claims for infringement by Mason of the use of such patented design, device, Mammal or pacers in emanation with the contract, and shall iudemody the purchaser for any cast, expense or damage which it may be obliged to pay by rerwn of such infringement at any time during the prosecution of after be completion of the work. In ruse said equipmem, or any pan thermf m the intended per of the goods, is in such suit held to constitute infringement and the use of said equipment or prat is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue ming said equipment or pans, replace the same with substantially equal but material equipment, or modify n so it becomes nonfi ffinging. S. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the bendL of creditors, appoint a w¢Ner or trustee far any of he Sellers property or bnslness, this one, may forthwith be canceled by the Purchaser Without liability. 16. GOVERNING LAW. The definitions Mftesms mho or the imeTremtion of the agreement and the rights of all parties heeunder shall be onstmed under and governed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hercundcq mduding the wrvlca of Sellers Representatives), on the premises of mama. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work an Sellers own risk until the same is fully completed and accepted, and shall, in use of any accident, destruction or injury to the work OMVM materials before Seller's firm completion and acceptance, munplem the work at Sellers own expense and to the wfinfrefim of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall recrive, unload. store and handle sane at the site and become oespomible therefor w though such mammals aM/or reporter were being famished by Me Seller tuner the order. 18. INSURANCE. The Sella shall, an his own expense, provide for the or Town, of workers compematioa including recalcitrant discrete benefice, to its employees employed on or in connection with the work covered by this purchase ardor, anNor ta their dependence in accordance with the laws of the state in which the work is to be done. The Seller shall also carry eompreM1emive general liability including• but Out limited to, centructual and automobile public hamuiry insurance x'ith bodily injury aM death limits of or lown S3no,Wa for any one person SsnO.CW for arty e accident and property damage limit per accident of S400,000. The Sella shall likewise require his contraction, if my. to pmvt& for such compemmion and insumance. Before any of the Sellers or his contractors employees shut do my work upon the premiss of others, the Sella shall famish the Purchaser with a certificate that such comprtarrom not insurance have been Presided. Such cenifimtes shah specify the &m when such compensation and insurance have been provided. Such certificates shall specify the date when such compasation and insurance expires. The Sella agrees that such wmpensuian and imumame shall her Maintained until after the entire work is wmplred and accepted 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes be retire responsibility Ord liability for any and all damage, loss or injury army kind or name whalwa'er to persons or pmtaerty caused by or resulting fmm the excitation ofthe work provided for in has purchase order or in examination herewith. The Sella will importunity and held harmless the Puchasa and any or all of the Puchasers offices, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direr or indirect, and whether m persons or properly, of which the Punctuator may h pat or mbjem by rearm of any act, action, in lit, omission or default on led pan of the Sella, any of his contractors, or my of she Sellers or contractors alfic us, agents or employees. In eau any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of my act, action, neglect, omission of default of the Sella of my of his contractors or may of its or their officers, agents or employees as worewid. the Seller hereby agrees an assume the defense thersof and On defend the same at be Sellers own expense, to pay my and all costs, charges, attorney, fees and other expenses. my and all judgments but may be incurred by or obtained against the Purchaser in any of its or their officers, Ogees; or employees in such suits or other pmceamp, and in case judgment or other lien he placed upon or obtained against Ne pmpeny of the Pu lenow, or said parties in or as a result of such suits or other proceedings, the Seller will or once cause the same no W dissolved and discharged by giving broad ar otherwise. The Seller and his contractors shall hake all safety premature, furnish aed install all guard neeeswry for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation. to Occupational Safety and Health Act of 1970 and all Males and regulations issued pursmet thereto. Revised Wants