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HomeMy WebLinkAbout167490 CCS PRESENTATIONS SYSTEMS INC - PURCHASE ORDER - 9147392Fort Collins Date: 12/19/2014 PURCHASE ORDER Vendor: 167490 CCS PRESENTATIONS SYSTEMS INC 700 W MISSISSIPPI A-6 DENVER CO 80223 PO Number Page 9147392 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: PUBLIC LIBRARY (MAIN) 201 PETERSON ST FORT COLLINS CO 80524-2990 Delivery Date: 12/15/2014 Buyer: ED BONNETTE Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Sales Quote 28781 1 LOT LS 630.00 Service calls, Main 8 CouncilT 2 Sales Quote 28782 1 LOT LS 4,540.05 Story Room Install 3 Sales Quote 28783 1 LOT LS 4,540.05 Computer Lab Install 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 Total Pay terms net 30 days Invoice Address: 10 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 95-04502. F'edeml Excise Tax Exemption Cenif the of Registry 84-600o581 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref Colorado Revised Summit 1973, Chapter 39-26, 114 (a). Good Rejected. GOODS REJECTED due his failure to meat slsecificatiom, either when shipped or due to defects of damage in ormil, may oo retumW to you for craft and are vet to be unbend except upon receipt of ..a inso-uctions from the City of Fan Collins. Inspection. GOODS are subject or the City of Fort Collins inspection on moral. Final Acceptance. Receipt of the merchandise, se response or equipment in to this order can result in authorized payment on the pan of He City of Foe Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent are. completion of ail applicable required inspection procedures. Freight Tents. Shipments most be F O.D.. City of Fon Collins, 700 Wood St., Fan Collins, CO $0522, unless otherwise specified on His order. if permission is given to prepay fight mad charge separately, the original freight bill must accompany invoice. Additional charges for puking wall rem oo accepted. Shipment Distance, Whom manufacturers have distributing points in various pans of He country, shipment is exported from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments me made from greater disuince. Permits. Seller shall procure at sellers sole cost all necessary Towns, certificates and licenses required by all applicable laws, regulations, Ordinances and wiles of the state, municipality, territory or political subdivision where too work is performed, or required by any other duly emigrated public authority having jurisdiction over the work of vendor. Sella further agrees m hold de City of Few Collins limitations from and against all liability and loss incurred by room by reaoa Of an asserted or established violation of any such laws, regulmimm ordinarrox, roles and requirements. Annunciation. All parties li this contract in that the representatives are, in Net, bona fide and possess full and complete authority m bind said ponies. LIMITATION OF'I ERMS. This Purchase Order expressly limits acceptance to the terms and conditions 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 sailer are objected to and hereby expertise. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if.. cannot make complee shipmem li s rive on you. promised delivery dale as noted. Time is of the essence. Delivery and Performance must be effeced within the time sorted on the purchase order and the documents umchm hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall opawc as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition in other legal and equitable remedies, the option of placing 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 to causes not reasonably foreseeable which are beyond its construable control and without its fault of negligence, such acts Of God, such ofcivil or military nudge mies, governmental priorities, fro, stakes, flood, epidemics, wars Or riots provided Hat notice of the conditions easing such delay is given to the Purchaser within five (5) days of the time when He Seller first received knowledge thereof In He event of any such delay, too date of delivery shall be extended for the period equal to He time normally lost by reapers of the delay. 3. WARRANTY. The Seller warrants that all goods, micles, materials and work covered by this order will conform with applicable drawings, specifications, samples mWor other descriptions given, will be fir for the purposes intended, and performed with the highest degree of rare and competence in accordance with accepted standard for work of a similar nature. The Sella agrees to hold the purchaser harmless from any loss, damage or expense which the purchaser may suffer m incur on account of too Sellers breach ref warrenty. The Sellershall replace, repair or make good, without not to He purchaser, any defects or faults arising within one (1) year or within such longer period of time as maybe prese bed by law or by the tarots of any applicable warranty provided by He Sella alla the dam of accamorm of the goods famished herew,der (acceptance not to be unreamrufly delayed), rewhing form imperfect or defective work done or mmenals f ishW by the Sella. Acceptance or We of good by the Purchaser shall not institute a waiver of any claim under this warri nmy. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend m 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 lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes Ire legal rams by switch change order. 5. CHANGES IN COMMERCIAL TERMS. The Porch ern may nuke any chanties b the terms, afar than legal terms, including addninns to or delaions from the quantities originally ordered on the i ecof clims or drawings, by verbal or within change order. If any such change effects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchases may at my time by written change order, Iamimte this agreement in Our any or all potions of the goods Hen not shipped, subject to any equitable adjourned between the ponies as m my work or materials fen in progress providor that 0e Purchapa shall not be liable for my claims for mticipamd profits on the uncompleted pinion offin, good madder work, for incidental or consamuchal damages, and that ow son djustment be made in favor of the Seller with respect to any good which are the Sellers standard stock. No such lamination shall relieve Be Purchaser or the Seller of any of fair obligations in to any good delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for djustmem most be append within In,, (30) days firm the Jute the change or uncommon is Ordered. & COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and f ishor is strict ompliame wiH all applicable laws and regulations to which the god one subject The Seller sholl execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations so aired to oo incorporated in agreements of this character are hereby incorporated herein by His reference. The Seller agrees to indemnify and hold the Purchase harmless from al I costs and damages suRered by the Purchaser as a acing of the Sellers failure Or comply with such law. 9. ASSIGNMENT. Neither parry shall resign. transfer, Or convey this order, or any mivin due or m berome due hereunder without the prof women mate[, of He who, prey. 10. TITLE. The Sella warrants full, clear and mrertrkmd title to the Purchaser for all equipment, materials, and items fomishm in performance of this agreement, free and clear of any and all liens, restrictions, reservations, secunry interest encumbrances and claims Ofothers. I L NON WAIVER. Failure of the Purchaser to insist upon sure[ performance of the terms and conditions hereof, failure or delay to exercise any rights or rem Woes provided herein or by law, failure to promptly notify the Seller in the event of a breach the acceptance ofor payment for goods hereunder or approval of rho design, shall not release the Seller of any of the warranties m obligations of this purchase order and shall not oo deemed a waiver of any right of the Penetration to insist upon such performance haaofor any of its rights in numbers res to any such good, regardless of when shipped, sarivm or acceptor, as to my prim or subsequent default hereunder, tar shall any Imported Orel modification or rescisso m or this purcbau order by the Purchaser operate as it waiver of any of the rttms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust violations am in fact home by the Purchaser. Theretofore, forgoodcause and as consideration for executing this Purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereaftet required seder federal or suite antitrust laws for such overcharges relating Or the particular goad m services parchaud or acquire[ by the Purchaser pursuant to this puelmse order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Hire Purchaser directs the Seller to correct noncon6rming or defective goads by a dam in be agree[ upon by He Purchaser and the Seiler and the Seller ferezfla indicates in inability or unwillingness to comply, the PurcMsn may cause the work In be pcommon by the most expeditious means available to it and the Seller shall pay all rests associated with an work. The Seller shall o lease the Purchaser and its contractors of any fee form all liability and claims of any nature resulting from the pM rmma fsuch work. This .1. shall apply an in the ant of fault of negligence of the pony ¢lensed mend shall extend to the direcmrs, oMo. and employees ofsuch party. The Seller's contractual obligations, including waranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process revered by Inw, parent, trademark or copyright, the Seller shall indemnify and save harmless the Parchvper form my and all claims for infringement by reason of the use of such patrnted design, device, material or process io connection with the comer, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged on Pay by reason of such infringement in any time doing the prosrcmmer or after the completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or parr is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but nininfringing equipment, of modify it sat it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a or We for any of the Sellers properly or business, this order nay foMwirh be rant 1ai by the Purchaser wilhrul liability. 16. GOVERNING LAW. The definitions oftemts ascd or the inrerpreraroon of the agreement and the rights ofail parties hereunder shall be rumored under and ,amid by the laws ofhe Suite Of Colorado, USA. The following Additional Conditions apply only in taus where He Seller is On perform work hereunder, including the svvtces of Sellers Raprewnwom(,L on the premises OJeffers. IT SELLERS RESPONSIBILITY. The Sella shall carry on said work at Sellms own risk until the same is rally completed and correlated, and shall, in case Of very modern, destruction or injury in He work anNor materials before Seller's Oval completion and acceptance, complete He work at settees awn expense and to He satisfaction of the Pardoner. When mammals and equipment are famished by .,has for installation or erection by the Sella, the Seller shall receive, unload, store and handle same at the site and become responsible them for as though such materials anNor equipm ra were being fumishW by the Seller under the order. 18. INSURANCE The Sella shall, at his own expense, provide fro the paymrnl of workers compensation, including occupmimul disease benefits, to its employees employed on or in connection with the work covered by this purchase order, anllor to their dependents in accordance with the laws of He slate in which the work is to be done. The Sella dull arm entry comprehensive general liability including, but not limited to, commercial and automobile public liability insurance with bodily injury and death limits of at least S300,000 for any one person, 5500,000 for any one accident and property damage limit per accident of $400000. The Seller shall likewise mquim his contractors, if any, Or provide for such compensation and insurance. Before any Of He Sellers of his mntcacomi employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a catifezte Men such compensation and insurance have been provided. Such cor ifcata shall specify the date when such mperuation and moment have ban provided. Such certificates shall specify the date when such wmpernation and insurance expires. The Seller agrees that such comperwtion and insurance shall be maintawor until aura the entire work is complete[ and acceptor. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes He entire responsibility and liabe try for any and all damage, loss or injury of any kind or whom 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 rill of the Purchrs officers, egenn and employees from and egatnst any end all claims, losses, damages, case harges or expenses, whether direct or omifect, ad whether to persons in property to which the Purchase may be put or subjal by crown of my art, action, neglect, omission at defwlt on the pan of fe Selleq my of his contractors, many of the Sellers or contmrwrs officers, agents or employees. In case my suit or other proceedings shall be brought against He Purchaser, or its officers, agents or employees at my time On mromt or by maven of any act, action, neglect, Omission or default of the Seller of any of his contractors of my of its or their officers, agents or employees w aforesaid, the Seller hereby agrees to assume the defense Mercer and to defend the same at the Sellers own expense, he pay my and all casts, charges, ahomeys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their offices, agents or employees in such suits or other proceedings, and in case judgment or other Iten be place[ upon or obtained against the properr of de Purchaser, or said pmia in or to a result ofsuch suits or mher proceedings, the Sella will at once cause the was in be dissolved and discharged by giving bid or otherwise. The Sella ad his tworactm9 shall take all wfery precaadms, Finish read install all guards moeapary fro the retention of accidents, comply with all laws and regulations with regard to some, including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pwwwrt thereto. Revised 07/2014