Loading...
HomeMy WebLinkAbout102408 PIONEER PRESS OF GREELEY INC - PURCHASE ORDER - 9142084 (2)PO PURCHASE ORDER 914208er Page C117f of PURCHASE 2084 1012 tCollins( hisnumber must appear ` \� 1 1�7 on all invoices, packing sli s and labels. Date: 12/19/2014 Vendor: 102408 PIONEER PRESS OF GREELEY INC 2965 27TH AVE GREELEY CO 80631-8531 Ship To: TRANSFORT BUS FACILITY CITY OF FORT COLLINS 6570 PORTNER ROAD CITY OF FORT COLLINS CO 8052 Delivery Date: 04/11/2014 Buyer: DAVID CAREY Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2 Addendum to add funds 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.mm tmiliii�1 5,150.00 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.BystaNte the City of Fort Collins u exempt Tom state and local taxes. Our Exemption Number is I1. NONWAIVER. 98-04502, Federal Excise Tax Exemption Certificate of Registry 84-6000582 is mRancred with the Collector of Failure of the Purchaser to Trout upon strict performance of the terms rand conditions hereof, failure or delay to Internal Revenue, Drava, Colombo (Ref. Colorado Revised Scurries 1973, Chapter 39.26, 114 (a), seentior any rights or remedies provided herein or by law, failure to pmmplhy notify the Seller in the eve. of a breach, the acceptance ofor payment for goods hereunder or approval offl a design, shall not micame the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties in obligations of this purchase order and shall not be deemed a waiver of my right of the damage in transit, may be returned to you for credit and are nor ro be replaced except upon receipt of written Purchamr to insist upon strict Performance hamfor any of its rights or remedies as to my such goods, regun less instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any puryoned 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 For, Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response a this other an ¢salt in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorised paymmr on the pan of the City of Fort Collins. However, it is to be understood that FINAL Sella and the Purchaser mcopim thm in actual ecmic pactice, overcharges;resulting form antitrust ACCEPTANCE is dependent upon completion of all applicable control inconstant proccdumn. victor re are in fact Itome by the purchaser. Thentoforenlm good emen and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser my and all claims it may now have or hereafter Freight Terms. Shipments mom be F.O.B., City of Fort Collins, 700 Wood St, Fan Collins, CO 80522, coless acquma grader federal or some antitrust laws for such ovailear a relating to the Particular goods cr smica otherwise steadied] on this order. If permission is given a prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursm.t to this purchase ort bill nun accompany invoice. Additional charges fen Packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is expected from the nearest distribution point far datinmion, and excess freight will be deducted farm Invoice when shipments are made from greater distance. Pamirs. Seller shall procure at sellers sole cost all necessary permits, cenilicams and licenses required by all applicable laws, regulations, ordinances and roles of the state, municipality, territory or [Inc.[posubdivision where the work is performed, or required by any other duty constituted public authority having jurisdiction over the work of vendor. Seller Porter agree to hold the City of Fan Collins harmless from and against all liability art Ins incurred by them by brown of an acsened or exedainhd violation of any such laws, rtgulmiom, indicators, mles and requirements. Anacreon., All parties 1. this contract agree that the rtpresenatives are, in fact, him file and possess full and complete authority to bind said parries. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terns and conditions said herein set forth and any wpplemmmry or additional terms and conditions annexed hereto or incomamad herein by refemue. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLI7ASE ADVISE PURCHASING AGENTimmediately ifym cannot make complete shipment to arrive on your premised delivery date as noted. Time is ofthe essence. Delivery and performance must be effected within the time surd on the purchase .,it,, and the documents cached heee. No acts of the Purchasers including, without limitation, acceptance oriental late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchases shall have, in addition to other legal and equitable mmdies, the option of placing this under elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages res a result of delays due to tames col reasowbly (ores table which are beyoM is..blc control and without its fault of negligence, such uts ofGod, nos ofcivil or military authorities, govenuomul prionties, fires, strikes, Rood, epidemics, wars or fiats provided that nonce of the conditions musing 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 dice of delivery shall Ite extended for the period .1a the time utmlly last by mown ofthe delay. 3. WARRANTY. The Seller warrants that all goods, icicles, materials and work covered by this order will common with applicable drawings, specifications, samples and/or other descriptions given, will v fir for the purposes intended, and performed with the highest degree of cam and competence in accordance with accepted standards for work of a similar mature. The Sella agrees to hold the purchaser bounders from any lose, damage or expense which the Purchaser may suffer or incur on account affair Sellers branch of warrantyTh . e Seller shall rrydace, repair or make good, without cost to the purchaser, any defects in faults arising within one (I) year or within such longer period of time as may be Presenbal by law or by the teem of my e,liable commonly provided by the Sella amer the dice of acceptance of the goods finished hereunder (ace plume not a be umexsorobly delayed), resulting farm imperfect or defective work done or materials f ished by the Seller. Acceptance m use of goods by the Purchaser shall Out contuse a waiver army claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend in all damages proximately eased by the breach army of the foregoing comedies or guamnteas, but such liability shall in no event include loss of pcofis 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 tents by wren change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaer may make any changes to the temp, other than legal terms. including Mditions to or deletions farm the quantities originally ordered in the specification or drawings, by verbal or women change order. If my such change affects the amoum due or the time ofpeff rmante hereunder, an equnable adjustment shall he made. 6. TERMINATIONS. The Purchaser may at any time by writer change order, temiaate this go... as to my or all portion of the goods then not shipped, subject to any equitable Wjahnent between the peace as to any work or materials then in progress provided that the Purchaser shall nor be liable fen my claims for anticipated profits on the unexmpleted portion of the goods and or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Sella with respect o any giants which art the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller ofany of their obligations as to any grads &[,,aid hicanda. V. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be oriental within thirty (30) days from the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Sella w.smts that all goods sold Mreundes shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations an, which the goods ate subject. The Sella shall execute and deliver such daumms in may be required to effeer or evidenre compliance. All laws and regulations contained to be incorporated in agreements of this character are hereby irs oryoated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all vests and damnga suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pry shall .sign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written current of the other party. 10. TITLE. The Seller waranU full, clear and wresWcted title to the Purchaser for all equipment, materials, and it. famished in parametric of this egreemenL fine and clear of any and all liens, incurious, rese.mmans, sec any interest encumbrances and claims archers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its imbiliry or unwill inguess to comply, the Purchaser may cause the work to be perfomal by the most expeditious means available to it, and the Sella shall pay all ,oars assmmted with such wOtk, The Seller shall release the Purchaser and its contractors of any tier farm all liability and claims of any nature resulting from the penfomame of such work. This mlcase shall apply corn in the event of fault of negligence of the party released and shall extend to the directors, officers and employees of such party. The Sellers contactual obligations, including warranty, shall not be damed to be reduced, fir any way, because such work Or performed or mused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is injured to use any design, device, rnatimal or process covered by later. patent, trademark r copyright the Seller shall indemnify and save harmless the Purchaser from any and all claimer for monumental by reason of the use of such patented design, device, material or process in connection with the contract and shall indemnify the Puahuer for any cost, expense or damage which it may be obliged an pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment or any pet thereof or the intended use of the goads, is in such suit held to constitute infringement and the use of said egutpmere or pm as enjoined, the Sella shall, at its awn expense and at its option, either procure fen the Purchaser the right to conmte using said equipment or pans, replace the same with sueafter illy equal but noninfnnging equipmmq or modify it so it becomes nminGnging. 15, INSOLVENCY. If the Sell. shall become insolvent or bankrupt make an assignment for the benefit of crediers, appoint a receiver or ounce far any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The demnitions oftems used or the interpretation of the agreement and the rights of all polies hereunder shall be construed under and governed by the laws afthe Sale ofColomdo, USA. The following Additional Condition apply only in cases where the Seller is to Perform work hereunder, including the services of Sellers Representatives . mature premises afothers. 17. SELLERS RESPONSIBILITY. The Sella shall arty on said work at Sellers own ruk at the same is fully completed and ueepood, and shall, in au of my accident destruction or injury to the work =Nan msenats before Sellers Jim[ mmpl.im not accryance, complete the work at Sellers awn expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or amerion by the Sell., the Sella shall reserve, todoad, were and handle same at the site and become rapoasible therefor as though such materials medlar equipment were being fomishd by the Seller under the order. 18. INSURANCE The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease bemefq to its employees emplayed on or In connection with the work covered by this purchase Oder, origin to their dependents in accordance with the laws Of the sate in which the work is to be, done. The Seller mall also carry comprehensive general liability including, but Out limited to, contractual and automobile public liability insurance with haddy injury and death limits of at least 5300,000 for any one person, SN)Jy0 for any orm accident ab property damage limit per accident of 5400,000. The Seller shall likewise require his contractor, if my, to provide fen such compensation and inmmuse, Before my of the Sellers or his contractors amployets shall its my work Open Ore premaa of ethers, the Sella shall fiunish the Purchaser with a catifiae Out such compensation and a... love been provided. Snub cenifiata stall specify the date when such nomination and announce have been provided. Such cectifiatrs shall specify the done when such compensation and insurance expires. The Seiler agrees that such corrrperra lion and insurance shall be maintained anal after the entire wmk is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. ']be Seller hereby assumes the entire raMusibiliy and liability for my and all damage, loss or injury army kind or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. the Seller will indemnify and hold harmless the Purchaser and any r all of the Purchasers affects, agens and employees from and against any and all claims, losses, damages, ,long. or expares, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of any act action, neglect, omission or default on the pan of the Sell., my of his comectms, or any of the Sellers or contractors oficna, agents or employees. In em, my suit or other proceedings shall v brought against the Purchaser, or its officers, agents in employees at my time on account or by ream. of any set uaon, neglect omission at default of the Sella of my of his contractors or my of its or their offices, agents or employees as aforesaid, the Sella hereby agrees to assume the defense therrof and to defend the some at the Sellers awn expense, to MY my and all costs, charges, amomeys fees and other expenses, any and all judgments that may be insured by or obaind against the Purchaser or MY of its or their mri ers, agents or employees in such was in other proceedings, suit in nose judgment or other lien be placid upon or obtained against the property of the Purchaser, err said parties in or M a main of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shill cake all safety precautions, famish aad install all guards necessary for the prevention of accident comply with all laws and regulations with regard] to safety including, but without limitation, the One ... timal Safety and Health Act of 1970 and ell res and regulations issued pursuant thereto. Revised 07n014