HomeMy WebLinkAbout375464 DAVINCI SIGN SYSTEMS INC - PURCHASE ORDER - 9147383of
FOft Collins
Date: 12/15/2014
Vendor: 375464
DAVINCI SIGN SYSTEMS INC
4496 BENTS DR
WINDSOR CO 80550
PURCHASE ORDERPO
914738er Page
147383 '°fz
This number must appear
on all invoices, packing
sli s and labels.
Ship To: TRANSFORT BUS FACILITY
CITY OF FORT COLLINS
6570 PORTNER ROAD
CITY OF FORT COLLINS CO 8052
Delivery Date: 12115/2014 Buyer: WILSON, JILL
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
I STC Signage - Redtail
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
43Irxrlf
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 statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is
11. NONWAIVER.
98404502. 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 It. and conditions hereof, film, or delay to
Inmmal Revenue, Denver, Colorado (Ref Colorado Revised Sumter 1973, Chapter 39-26, 114 (a).
exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
breach, the acceptance of., payment for good hereunder or approval of the deign, shall rat relesse the Seller of
Goods Rejedd. GOODS REJECTED due m failure ao meet specifications, either whm shipped of due to deRces of
any of the communes or obligmion, of this purchase order and shall not be deemed a waiver of my right of the
damage in miasi, may be renewed to you for credit and are not in be replaced except upon receipt of written
Purchaser to built upon stria performance harmful any of its rights or remedies as to my such goad. regardless
instructions from the City of F. Collins.
of when shipped, received or accepted, in to any prior or subsequent default Immunden, ter shall any purpaned
oral modirmumn or remission of this purchase order by the Purchaser operate as a waiver of any of the terms
Inspection. GOODS are subject to the City of Pont Collins inspection on arrival.
hereof
Final Acceptance. Receipt of the inestimable, service or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS.
outhotlud payment on the part of the City of Fan Collins. However, n is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, n erehmge resulting Item ani itrmt
ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations am in fan home by the Purchaser. Theresobre for good cause and as consideration for executing this
Petaluma order, the Seller hereby amigra W the Purchaser my and all claims it may now have or herea0er
Freight From. Shipments must be EO.B.. City of Fiat Collins, 700 Wood St, Fort Collins, CO 80522, unless acquired under federal or more moment laws for such overcharges retailing m the Particular goods or services
otherwise specified on this out. If permission is given to prepay fight end charge separately, the original fight purchased or acquired by the Purchaser ...at ao this purchase order.
bill most accompany invoice. Additional charges for packing will not be accepted.
13. PURCHASERS PERFORMANCE. OF SELLERS OBLIGATIONS,
Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is Ifthe Purchaser director the Seller to correct nonconforming or defective good by a date to be egreW upon by the
expected from the nearest distribution point to detonation, end excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thema0er indicates its inabilily or unwillingness to comply, the Purchaser
shipments are made from greater disam e. may cause the work to be performed by the most expeditious means available m it, and the Seller shall pay all
eventicamcomesialftsuchisimilk.
Pmnirs. Seller shall procure m sellers ..It cost all necemry permits, ecdficams and licenses standard by all
applicable laws, regulations, ordinances and role of the sale, municipality, mentor, or political subdivision where
the work is performed, or natuirrd by any other duly constituted public authority having jurisdiction over the work
of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and lam
incurred by fear by reason of an asserted or esaldlshed violation of any such laws, regulations, ordinances, mles
.it requincr a rs.
Authentication. All pasties to this contact agree Oast the represenatives are, in fuel, bona fide and possess full and
complete suthoriry to bind said panics.
LIMITATION OF TERMS. Thies Pmdusst Order expressly limits momentum to the terms and conditions sated
herein set Such and any supplementary, or additional terms and condiumes a sexed smile or incoryomled herein by
reference. Any additional or different terms and mad... proposed by miler are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
Promised delivery dam as noted. Time is of the ¢stem. Delivery and performance muss he incited within the time
sated on the purchase order and the documents aamchd hereto. No rats of the Purchasers including, without
limimtim, tweepame of partial Wet deliveries, bid] .,.Is as a waiver of this provision. In the event ofmy delay,
the Purchaser shall have, in addition to other legal and equitable readies, se option ofp1ming this order elsewhrm
and bolding but Seller liable for damages. Iloweveq the Seller shall not be liable for dana,rs as a result of delays
due to causes not reasonably foreseeable which art beyond its reasonable control and without its fault of negligence,
such is oFG.d, ads ofcivil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or
riots provided that notice oI he conditons musing such delay is given to the Purchaser within five (5) days of the
lime when the Seller fin mceived knowledge fl ercof. In the clear of any such delay, the date of delivery shall be
extended for the period Open] to the time actually last by «amn of Ore delay.
3. WARRANTY.
The Seller wammanes that all goads, articles, materials and work covemi by this order will conform with applicable
drawings, specifications, samples and/or other descriptions given, will be fit for the purposes oriented, and
performed with the highest degree of cart and competence in accordance with accepted standard for work of is
similar nature. The Seller agrees to hold the purchaser heardes from any loss, damage or expense which the
Purchaer may suffer or incur on incount of the Sellers breach of warranty. The Seller shall replace, repair or make
good, without can to the purchaser, my deficits or faults arising within one (I) year or within such longer period of
time as may be, proscribed by law or by the temss of my applicable wammy provided by Ox, Seller after the dfi of
mcepans, of the goods famished hereunder (acceptance not to be rably delayed), resulting fro imperfect
or defective work done or materials fml,hed by tht Seller. Aompance, or use of goods by the Purchaser shall not
constitute a waiver ofany claim under this wareanty. Except Or otherwise prodded in this purchase order, the Sellers
liability hereunder mall extend to all damages proximately caused by the breach of any of the forgoing warranties
or goamntees, but such liability shall in no event include less of,,ofitl 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 to legal terns by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes m the tents, other than legal tears, including additions to or dralime, from
the quantities originally ordered in the specification or drawings, by verbal or written change order. If any such
change affects the moment due or the time of pufrmance hereunder, an equitable adjusment shall be made.
6. TERMINATIONS.
The Purchaser may at my time by written change at mrminam this agreement m to any or all Famous of the
goods then not shipped, subjmt to any equmble adjustment Mwaen the mra des as to any work or mrromm6 then in
progress provided Bad the Pumhaser shell nor be liable fro any claims for anticipated pmfils not the mcompletd
Portion of the grad andor work, for incidental in consequential damages, and that an such adjustment be made in
favor of the Seller with respell 10 any gmoda which me the Sellers standard suck. No such termination shall relieve
the Purchaser or the Seller ofany mf their abligmtons as to any goods delivered hereunder.
1. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be asserted wilhin thirty (30) days from the time the change or termination is
odered.
8. COMPLIANCE WITH LAW.
The Seller .1, that all goods sold bartender shall have bran produced, sold, delivered end (misled in strict
compliance with all opplicabl, laws and negotiations to which the goats are subject. The Seller shall execute end
del roar such documents as may be squired! to effect or evidence compliance. All laws and regulations required to be
incorporated in agreements of this character are hereby inem,omed herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless film all costs and damages suffered by flr Purchaser as a result of the
Sellers failu m to comply wish such law.
9. ASSIGNMENT.
Neither parry, shall usiga, transfer, or canvey this order, or my monie due or to become due hereunder without the
prior written cmaem ofthe other pray.
10, TITLE.
The Seller warrants full, a[. and moan Acted ride to she Purchaser for ell equipment, mmermis, and items finished
in performance of this agncrmen, fire and it. of any and all lies, ncstrictiars, reetvatiom, security interest
cocanbourcl and claims of others.
The Seller shall release the Purchaser and its common, of any tier f m all liability and claims of my nature
eulting from the momentum match work.
This recce a shall apply even in In..veal of fault of negligence of the parry released and shall extend to be
directors, officers and employees of such party.
The Sallers Ornamental nbligatimrs, including warranty, shall nor be deemed w be reduced, in my way, because
such work is performed nr mused to be performrl by the Perehusn.
14. PATENTS.
Whenever the Seller is required to use my design, device, material or process covered by letter, Patent, trademark
or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement
by reason of the use of such parented design, device, material or procem in connection with the contract, and
shall indemnify the Purchaser for any cost, expense in damage which it may be obliged to pay by meson of such
infringement many time during the pmsemtion or after the completion of the work. In eau said equipment, or
any pan thereof or the interred me of the good, is in such suit held to .... infringement and the use of
mid equipment or Pont is enjoined, tlrc Seller shall, at its own aspirin, and or its option, tither procwe for the
Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but
r aninfnoging equipment, or modify it an it become noninGnging.
i S. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment for the bemfit of creditors, appoint e
receiver or finee for any of the Sellers property, m or business, this order ay forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions affirms used or the interpretation ofhe agreement and the rights ofall perrtim hereunder shall be
construed maker end governed by Ore laws of the Sate afCalomd, USA.
The following Additional Condiaians apply only in extra where the Seller is or perform work hereunder,
including the services, of Sellers Repremnwtivenk on the premise nfathers.
I). SELLERS RESPONSIBILITY.
The Seller shall miry on said work at Seller's own risk mtil the ante is filly completed and ascepmd, ad shall,
in rase of my accident, destruction or injury to the work ands material, before Sellers final completion and
memories, complete the work at Stiles own expense and to the satisfaction of the Purchase. When materials
and equipment are famished by others for installation or erection by he Seller, the Seller shall receive, noticed,
store and handle same at the site and become responsible therefor a though such materials taxer equipment
were being famished by the Sella, under the order.
18. INSURANCE.
The Seller shall, at his own extreme, provide for the payment of workers compewatim, including occupational
disease benefits, to its employees employed on or in eomecfion with the work covered by this purchase Oder,
andor to their dependents in mcomdansc with the laws of the state in which the work is to he done. The Sella
shall also carry comprehensive graced liability including, but not limited w, mntmemal and automobile public
liability insurance with bodily injury and death limits of at leust S30Q000 for any one person, $500,000 for any
one accident and property damage grain per incident of $4W,000. The Sella shall likewise require his
contractors, if any, to provide for such compensation and insurance. Before my of the Sellers or his contractors
employees limit da any work upon the premises Of when, the Sella shall famish the Purchaser with is cenifcme
that such compensation and insurance have been provided. Such certificate shall specify the date when such
compensation and insurance have been provided. Such carificate shall specify the date when such compensation
and insurance expires. The Seller agrees mar such compensation mN insurance shall be maintained marl alter Ne
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
ne Seller hereby assumes the entire respareibil try and liability for any and all damage. loss or injury of any kind
or nature whatsoever to persons or prop my caused by of resulting from the execution of fie work provided for in
this purchase order or in mrmearm n herewith. The Seller will indemnify and hold harmles the Purchaser and any
Or all of the Purchasers affairs, agenn and employees from and against my and all claims, loses, damages,
charges or expenses, whether direct of instance, ad whether to persons or property to which the Purchaser may
be put or subject by reason of my rat, action, im lea omission or default m the pan of the Seller, my of his
committers, or any of the Sellers or contractors oRcem, agents or employees. Ina any suit or other
proceedings shall be brought egmmal the Purchaser, or its officers, agents or employees at any time m account or
by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or
their officers, .,can or employees m moreaaid, the Seller hereby agrees ao assume the defense thereof and to
defect the same in the Sellers own expense. to pay my and all costs, charges, auomrys Sam send other examines.
any and all jdgmmer that may be intend by or ohained against the Purchaser or my of its or their officers,
agents or employees in such suits or other proceeding, and in case judgmmt or other lien be placed upon or
.based agaiml the property fthe Purchaser, or mid panic m or as a resnil ofauch suits ar mbar proceedings,
the Seller will al tract cause the same m Es, dissoWd and discharged by giving bond or otherwise. The Sella ad
his contrdctors shall eke all safety loomplions, famish and install all guard nasam, for the prevention of
accidents, comply with all laws and regulations with regard to safety including, but without limitation, the
Occupational Safety and Heals Ad of 1970 and all rules and regulations issued pursuant thrum.
Revised 07a014