HomeMy WebLinkAbout127454 JACOBS AUDIO LLC - PURCHASE ORDER - 9147432Fort Collins
Date: 12/16/2014
Vendor: 127454
JACOBS AUDIO LLC
7742 BROCKWAY DR
BOULDER CO 80303
PURCHASE ORDER
PO Number Page
9147432 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: LINCOLN CENTER
CITY OF FORT COLLINS
417 W MAGNOLIA
FORT COLLINS CO 80521
Delivery Date: 12/16/2014 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 Per quote 111714 dated 11/18
for Speakers,drivers,diaphragm
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 Ennail:purchasing@fcgov.00m
1 LOT LS
2,995.00
Total $2,995.00
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. COMMERCIAL DETAILS.
Tax exemptions. By stature the City of For Collins is exempt from state and local taxes. Our Exemption Number is
I1. NON WAIVER.
98-04502. Federal Excise Tax Exemption Centocor of Registry 84-6(XX 5G is registered with the Collector of
Failure of the Purchaser to insist upon and performance of the term all conditions hereof, failure or delay to
Imeral Revenue, Derva, Colorado (Ref. Caloadm Revised Statutes 1973, Chapter 39-26, 114 (a),
exereiu any right or remedies provided herein or by law, fm'lem to Formerly worry the Seller in the event of a
breach, the uerptmce ofor payment for goods hatuMer or approval ofee design, shall nor release the Seller of
Goods Brimful. GOODS REJECTED due to failure to meet specifications, either when shipped or due to drfecs of
any or the warranties or mligndoas of this purchase oMer, and shall not be deerW a waiver of any right of the
damage in transit, may be retied to you for credit and are not to be replaced except upon receipt of written
purchaser to insist upon strict performanre hat for any of is rights or fi madies as to any such good, regardless
restrictions fmm the City of Fort Collins.
of when shipped, received or accepted, m he any prior or subsequent default hereunder, nor shall any purparted
oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms
Inspection. GOODS are subject to the City of Foot Collins inspection on arrival,
hereof.
Final Accelerator. Receipt of the merchandise, sm'ica or equipment in response to this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
aufmrvad payment on the pan of the City of For Collirm. However, it is m to understand that FINAL
Sella seal the Purchaser, recognise that in actual amomic practice, overcharges resulting from innocent
ACCEPTANCE is dependent upon completion oral[ applicable "coal hspection pmeedi rce.
ai bitios, are or fact home by the Purchaser. Therefore., for good cause and as consideration for executing this
purchase order, the Sella herby saigm to the Purehaser any and all claims it may now have or hereafter
Freight Terms. Shipments must be TO IT, City of Fan Collins, 700 Wood St., For Collins, CO 80522, unless
acquired under federal or slate antitrust laws for such overchages relating to the particular pads or sm'icw
otherwise specified an 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 order.
bill mast accompany invoice. Additional charges for packing will not be accepted.
13. PURCI PERFORMANCE SELLERS OBLIGATIONS.
Shipment Distance. Wheremanution manufacturers
mcormetnonconfnming or drfelityorodbygers, b bmply, ll
farmhouse di career
Driverhaeon
apointsinvinouspars dof ethecoumry,shipmentis
expected fmm the nexom distribution point ,o destination, and excess [refight will h deducted farm Invoice who
tuponbydm
and the Setter, and rim Seller thereafter indicates ins inability or cable to mess a comply, the Purchaser
andreSell, and
Pay
shipmevs art made f greater disrantt.
may cause the work to ch performed by the most expeditious memo available m it, and the Seller shall pay all
come
costs assaianed with such work.
Permits. Seller shall procure at sellers sole cost all necessary remains, ratifictes and hearses required by all
applicable laws, regulations, ordinances and riles of the state, municipality, tannery or political subdivision where
the work is perfumted, or required by any other duly constituted public authority having jurisdiction over We work
of vendor. Seller fuller agrees to hold the City of Fan Collins harmless from and against all liability and loss
enunM by them by reason of an msened or established violation of ivy such laws, regulations, oajimnces, rules
and requirements.
Annunciator. All pMirs to this control agree that the representatives are, in fact, bona fide and possess full and
complete authority ro bind said panics.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions sated
herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by
referenre. Any additional o different teas and conditions proposed by seller are objected to and herby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immaturely if you cannot make complete shipment to arms, on your
promised delivery, dam as noted. Time is of the vearr . Delivery and paffirmance most be effected within the rime
stated on the purchase order and the documents attached herein. No acts of the Purchaser including, without
Irritation, acceptance ofpanial lam deliveries, shall operate as a waiver of this provision. In the event of any delay,
the Purchaser shall have, is addition to other legal and equitable remedies, the option ofplacing this order elsewhere
and holding the Seller liable far damages. However, the Seller shall not be liable for damages as a .at, of delays
due as causes not reasonably foreseeable which are beyond its reasonable control and without an, fault of negligence,
such acts fGod. acts ofcivil or military amlmnfies, govemmeatal prionfies, firs, suikes, Bood, midemies, wars m
hots provided pat notice of the conditions causing such delay is given to the Parchment within five (5) days of the
,ire who the Seller fim salved knowlndge theaturf. In the rsent of any such delay, the date of delivery shall ad
extended far the pentad anal to the time actually dos, by ram. ofdw delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work mverai by this order will confoinr with applicable
drawings, sgerifir.ic s, samples anther Prier desmptiom Bram, will be fit for the Puryoses itended, and
performed with the highest degree of cart and competence in accordance with accepted standards for work of a
imilar m r ar. The Seller agrees to held the purchaser harmless from any loss, damage or expense which the
Pmebreer may suffer or incur on rimer, of die Sellers broth of warranty. The Sella shall replace, repair or make
good, without cost to the pumhoseq any defects of faults arising within one (1) year or within such longer period of
time as may be prescribed by law or by the terms of any applicable warmty provided by door Seller are, the date of
acceptance of the goods famished hereunder (acceptance not to h unreasonably delayed), resulting fro imperfect
or de@dive work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not
omon , a waiver army claim under this wamnty. Except as otherwise provided in this purchase major, the Sells
liability hounda shall extend mall damages proximately caused by the beach of my of the foregoing wartmdir
or guarantees, but such liability shall in on evem iah de loss of profs 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 bass by women change order.
5. CHANGES IN COMMERCIAL TERMS.
no perwasser envy make my ch+ngc an the tams, other than legal toms, including additions to or deletimm fmm
the quantifies odgiaally ordered in the specifications or drawings, by verbal or worm change raja. If any such
change affe s the amount due or the time ofperfoamma hereunder, an equitable adjustment shall Not mods.
6. TERMINATIONS.
I he Purchaser arty at any time by written change order, terminate this agreement as to any or all po rim, of the
goads then not shipped, subject to my equitable adjustment between the panics as to any work or materials then in
progress provided that the Purchaser shall not be, liable for any claims for anticipated prefix on the mcompletal
lean. of door Reads andbr wok, for iaidenal or ova parre al daa%es, and ran as such ad ucammt be made in
favor of the Sella with respect an my good which ate the Sellers standard stock. No such mrmination shall relieve
the Pumhasa or the Sella ofarry of their obligations as Io any goods delivered hereunder.
). CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be roomed within thirty (30) days from the data he change or nomination is
majored.
8. COMPLIANCE WITH LAW.
The Sella warms four all good sold hounder shall have ban predicted, sold, delivered and famished in strict
compliane with all applicable lawn and regulations m which the goad are subject The Seller shall execute and
deliver such daumrnk as may be required to effect or evidence compliance. All laws and regulations required no be
etc t orated in agreements of this character are hereby inaoryombd herein by this reference. The Seller agrees to
indemnify and hold the Purchaser hatless fmm all was and damages suffered by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither platy shall assign, transfer, or..cry this major, or any morues due or to become due hounder without Be,
poor waver consent of the other may.
10. TITLE.
The Seller warrants full, clear and considered tale to the Purchaser for all equipment, materials, and items f mish d
in perform a of fie agreement, free and clear of any and all liens, nstnctione, reservations, secuny interest
encumbrances and claims ofothers.
The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature
resulting from the performance of such work.
This release shall apply even in the event of fault of negligence of the Platy released and shall extend to the
i rote on, officers and employees ofsuch party.
no Sellas comractml obligations, including wamenty, shall not be, deemed to be roduced, in any way, bounce,
such work is performed or caused to he perforated by the Purchaser.
14. PATENTS.
Whenever the Seller is natural muse any design, device material or process covered by letter, patent, trademark
on copyright. the Seller shall indemnify and save bmmlcs the Purchaser from any and all claims for infringement
by reason of the use of such parented design, device, material or process in connection with the corset, and
shall urbanity the Purthasn for my cost, asperse or damage which it may be obliged as pay by reaaov of such
infringe recur or any time during the prosecution or after the completion of the work. In case said equipment, or
any pan therm( or the intended use of the gook, is in such suit held to coati ow inffingeraem and the use of
said equipment or pan is enjoined, the Sella shall, at its own expense and at its option, either procure for the
Purchaser the fight to continue using said equipment or pans, replace the same with substantially ,net but
mainfringing equipment, or modify it so it becomes noniafringing.
15. INSOLVENCY.
If the Sella shall become insolvent or baNmpt, make an wougament fro the benefit of creditors, appoint a
roes or ms,a for any, of the Sellers property or businces, this not may Running be conceded by the
Purchaser without liability.
16. GOVERNING LAW.
The de(nitio e, oftertm anal or the interpretation antic agreement and de, tights of all patties remainder shall to
removed under all gmeinrd by the laws of the State ofColmode, USA.
The following Ack itiorel Conditions apply only in now, where the Sella IS m pert woh hereunder,
including the services of Sellers Represent owe(s), an the premises creditor.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall,
in are of any accident, destruction or injury to the work major materials heron, Sellers Bml completion and
aaep race, complete the work in Selleh own expense and b the satisfaction of the Purchmer. When materials
and equipment on, finished by others for installation or erection by the Sella, the Sella shall receive, uWwd,
store and handle same at the sine road become responsible therefor as though such natewk arWm equipment
were being Personal by the Seller order the anchor.
IS. 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 covered by this purchase order,
andmr to their dep rdam in accordance with the laws of the state in which the work is to be done. The Seller
shall also eary comprehensive general liability including, but not limited m, motrmaual and automobile public
liability manner" with bodily injury and death limits of in least S300,000 for any one person. S500,000 fro my
one incident and prepay damage limit per accident of 54W,000. The Sella shall likewise require his
contractors, if my, to provide for such imagination and instance. Before any of the Sells or his contncmrs
employees shall dos any work upon the promises of others, the Seller shall famish the Purchaser with a comificam
that such compensation and insurance have been provided. Such certificates shall specify the dam when such
compensation and insurance have been provided Such certificates shall sperty the date when such compensation
and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the
.,an work is completed and reeepled.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella hereby assumes the entire responsibility and liability for my and all damage, loss or injury army kind
or nature whatsoever to persons or property caused by or mining from the execution ofdie work provided for in
this purchase order or in connection herewith. The Sella will indemnify and hold harmless the Purchaser and any
or
all of the Purchasers officers, agents and employees Poor and against any and all claims, losses, damages,
charges o, expenses, Who, direct m tdirat, and whother to permns in property m which the Purchaser may
he put or major, by reason of my act action, aglar, omissim or default on the pan of the Seller, my of his
consortium, a any of the Sellers or cootmetors officer, ogress or employees la eau any art, of other
proceedings shall be brought agairs, the Purchaser, or in officers, agents or employees at my time on account or
by ramp of any act, anion. Region, omission or defau t of the Sella of my of hk contractors or my of is of
their of icer, ogress or employees as atersaid, the Sella herby agrees m assume the defense thereof and to
defend the a. at the Sellers awn expense, to pay my and all costs, charges, memeys fees and other expenses,
any and all judgments that may be incurred by or obtained against the Purchaser or my of its or them officars,
agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or
obtained against the p speaey of the Purchaser, or said Forms in of as a result of such suita or other proceedings,
drc Sella will at once sense the more to he dissolved and diuha M by giving bond or otherwise. The Sella end
his conrmccors shall Pike all rfety precaution, famish read moull all guard va., for the prevention of
raiding, comply with all laws and regulations with regard to safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all rules and regulations Issued pursumt thereto.
Revised 07n014