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HomeMy WebLinkAbout549316 PERMACARD - PURCHASE ORDER - 9147542Fort Collins Date: 12/22/2014 PURCHASE ORDER Vendor: 549316 PERMACARD 8 SUNBELT BUSINESS PARK DR GREER SC 29650 PO Number Page 9147542 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: 12/22/2014 Buyer: ED BONNETTE N ote: Line Description Quantity UOM Unit Price Extended Ordered Price Invoice #129439 12/18/14 Cards shipped 12/11/14 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@fogov.com 1 LOT LS 5,652.92 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 statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 99-0,1503. 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 terns and conditions hereof, failure or delay to Internal Rwenue, Denver, Colorado (Ref. Colorado Revised Scapulas 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 or payment for goods hrnunder m approval of the design, stall not release the Seller of Goods RejemmL GOODS REJECTED due to failure m is specification, either when shipped or due to defects of anY of the wamantim or obligations of this purchase order and shall not be deemed a waiver of any fight of the damage in transit, may be reamed to You for credit and art not to be replaced except upon receipt of wrieen purthaser to insist upon strict performame hereof or any of its rights or rtmedias as to my such goods, regardless instructions fiom fe City of Fort Collins. of x'ben shipped, received or accepted, as W any prior or subsequent default hereunder, nor shall any purposed oral modification or rescission of this purchase alder by the Purchaser operate as a waiver of my of fie ems Inspection. GOODS see subject to the City of Fort Collins ivpamer on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fort Collins. However, it is to be understood thin FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from minimal lent upon completion of all applicable reqd inspection procedures. ACCEPT ANCE is depemnatural violations art in fact borne by the Purchaser. Therctoforc afar good... ad as consideration for executing this parchese order, the Seller hereby assigns to the Purchaser any end all claims it may now, have or hereafter Freight Term. Shipments most W F.O B., City of Fan Collin, 700 Wood St., pun Call., CO 80522, unless mgai d under federal or state antitrust laws for such overcharges relating to the, particular good or services otherwise specified] on this order If Permission is given m prepay freight and charge scyarstely, fie original freight purchased or acquit by fie Purclwer parsuaal to this purchase order. bill muss accompany incomes. Additional chmga far packing will and be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufar. have distributing pomp, in various peas of the court,, shipment is If fir, Purchaser direck fe Seller to correct unconf ing or defrcive good by a dale to be agreed upon by the expected boom fie neamt distribution point to destitution, and excess freight will be dMumed from Invoice when Purchaser and the Sella, and fie Seller thereafter indicates its mobility in unwillingness to comply, the Purchaser shipments are made firm greater d¢tanue. may cause the work to be performed by the most expeditious means oxailable to it, and the Seller shall pay all cools associated with such work. Pemtits. Seller shall pmare at sellers sole cost all necessary permits, certificates end licenses cWtired by all applicable laws, regulations, ordinances and roles of the slate, municipality, territory or political subdivision where The Seller shall release the Purchaser and its constructors of any tier from all liability and claims of any oboe the work is performed, or required by any other duly computed public authority havingjuris limion over the work r mulling from the performance of such work. of vendor. Seller further agrees to hold the City of Fan Collins harmless from and spurred a] liability and loss Imperial by Rem by reamn of an asserted or established violation of any such laws, regulation, ordioom, roles This c lcae shall apply eves in she event of fault of negligence of fie lady nelensed and shall exprnd to the and ta3uiremente. diremors, oMe. and employes of such party. Authorization. All parties to this contract agree that the repamentaarives are, in fact, bon fide and possess full and The Sellers contractual obligations, including warrant, shot not be deemed to be reduced, in any my, became, omelet, andamy to bind said parries, such work is performed or caused to be performed by fie Purchaser. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed harem or incorporated herein by refreace. Any additional or different terms and conditions proposed by seller art objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT m mad mely if you capped make complex shipment o arrive on your promised delivery time as coded. Time is oftbe essmce. Delivery and p Marmara rant c efl ted within the, lime stated on the purchase order and Ore dauments mtached hereto. No acts of the Purchasers including, without limitation, acceptance cf partial late deliveries, shall operate as a waiver of this provision. In Re went ofory delay, the Purchaser shall have, in addition to offer 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 n a result of delays due m causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acre of God, cock of civil or military mthannes, governmental priorities, fires, strikes, flood, epidemics, wan or tiors provided that notice of fie conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof In the went affinity such delay, the daze of ddivM shall be extmdWforfieperiodequalmfetimewn lyladbymownofthedelay. 3. WARRANTY. The Seller warrants Rat all Soo&, ankle , materials and work coved by this order will conform with applicable drawings, specification, samples and/or other descriptions given, will be f for the puryoses pomaded, and performed with the highest degree of care and competrnce in accordance with accepted standards far work of a similar nature. The Seller agrees to hold the purchaser harmless fmm any loss, damage or expense which the Purchaser nay suffer or incur on account of the Sellers breech of wamnty. The Seller shall replace, repair or make goad, wifam cast to the purchaser, any defied or fauns arising within one (1) year or within such longer period of time as may be pracribW by law ar by fie Mmis of., applicable waranty provided by the Seller seer the date of acceptance of the goods formabed hereunder (acceptance not to be communicably delayed), mulling from imperial in defective wad done or mmerials famished by the Seller. Acceptance or use of good by the Purchaser shall Out wntimre a waiver of any claim uMer this warranty. Except as oferwiu provided in this purchase order, the Sellers liability hereunder shall extmd to all damage, proximately caused by the breech of any of the foregoing wamnlim or Suamntees, but such liability shall in no went include loss of profits or loss or use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaaa may make changes he legal terns by wtinea change order 5. CHANGES IN COMMERCIAL TERMS. The Parchsser may make any clumgcs m fie env. ahem than legal terms, including add ... ass to or deletions fmm the quantities originally ordered in the specifications in drawings, by verbal or wdmer change order. If any such change affects the amount due or the time arperformave hereunder, an wuitable Wjmmem shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change maker, terminate this agreement as to any or all precious of the ,nod then not shipped, subject I. any suitable adjustment between the panic as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion offe goal mid/or work, for incidental or covequentlal damages, and fat no such adjustment be made in favor offe Seller with respect to any good which are fie Sellers standard stock. No such termination ,lull relieve the Purchaser Or Bic Seller army ofthev obligations as m my goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be assured within thirty (30) days fmm the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warams that all goods sold hereunder shall have been produced sold, delivered and famished in strict compliance with all applicable laws and regulations to which she good are subject. The Sella shall execute and deliver such daumens as may be midid to effect or evidence compliance. All laws and regulations required o be incorporated an a®eameass of this character are hereby incorporated herein by this refrreme. The Seller epees 10 indemnify and hold the Purchaser hairless from all cock and damages sufRd by the Purchnser as a molt of tbe Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pany shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior animal consent of the other party. ULTITLE. The Seller wamnts full, clear and unmtricded ale to the Purchaser for all equipmrnt, materials, and items fomished is performance of this agreement. five and clear of any and all hem, restrictions. rue -fine, securiry intemar encumbrersccs and claims af.thers. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by leeer, patent, trademark r copyright, the Seller shall indemnify and save harmless one Purchna tram any and all claims for infringement by Oman of the use of such pmented design, device, material or process in c nparion with the contract, and shall indemnify the Purcluner for any cost, expense or damage which it may be obliged to pay by reason of such infringement at my time during the common or after the completion of the, work_ In case said equipment or any pan thereof in the intended use of fie goods, is in such suit held to mmtimte infringement and the use of said aluipment or pan is enjoined Re 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 naninGnging equipment, or modify it so it becomes no infringing. 15. INSOLVENCY. If the Seller shall become insolvent or bard mph make an assignment for the benefit of creditors, appoint a ruceiva or tmstee for any of the Sellers property, or business, this order may forthwith be canceled by fie Purhan without Reality. 16. GOVERNING LAW. The definitions oftents used or the interprmation pfthe agre reed and the rights ofall panics beneuMa shall be construed under and govcmed by the laws of the Some ofColomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Repmsentative(s), an the premise ofmhers. 17. SELLERS RESPONSIBILITY. The Seller stall many on said work m Seller's own risk until the same is fully completed and accepted, and shall, in of any weaken, desmctim or injury, in the work mdsor materials before Sellers final completion and acrnse ceptance. complete the work in Severs own express, and to the satisfaction of the Puchaet. Whin materials and quipment ace famished by others for installation or erection by Re Seller, the Sella shall tame, unlnd stare and handle some at fie site and become responsible therefor as though such materials andsor ampmenl wore bring famished by the Seller under the coder. 18, INSURANCE. The Seller shall, at his own expense, provide for the payment of waders compensation, including occupational disease bere its, to it, employees employed on or N coanation with fie work covered by this parcWse ordm, andsor 0 fair dependents in accardnce wild the Uwe offe state in which she work is to be done. The Seller shall also curry mmpabemlve Pascal liability includin& but tar limited so, mmmacaal and automobile public liability insumna with Isofly injury and dmtb hand. of at lent S3oo,000 for any one person, S500,000 for any one accident and papery damage limit per accident of S400,000. The Seller shall likewise "One his contractors, Unity, to provide for such compensation and insurance. Before any of the Sellers or his contramrs employes shall do any work upon the premises of others, the Seller shall famish the Purchaser with a canificate that such compensation and insurance have been provided. Such cenifemes shall specify the dine when such ompensmion and Insamnce have been provided. Such certificates shall meaty the date when such compensmion and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work l completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. - The Sella hereby nexsumns the marine mpomibility and liability for my and all damage, loss or injury army kind or nture whauoever to persons or property muxd by or mulling fmm the execution of chip work Provided for in this purchase older or in emneation herewith. The Seller will indemnify and hold hairless the Purchaser and any r all of Re Purchasers officers, agents and employees fmm and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property 0 which the Pun hoser may be put or subject by reason of any act, action, neglect, omission or default on the pas of the Seller, any of his contractors, or my of the Sellers or contractors officers, agents or employees. In case any suit or other proxxxximp shall be brought against the Purchaser, or its officers, agents or employes at my time on 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, agents or employees as aforesaid. the Seller hereby agrees all assume the deb Reaof and to defend the same to she Sellers own expanse, 0 pay any aid OR rams, charges, company- f and other expenses, any and all judgmms that may be incurred by a obtained against flu, Purchaser or any of its or feu ldficers, agenda or employers in such suits or other proceedings, and in case judgment or other Lin be placed upon or obtained against the pmpmy offe Purchaser, or said parties in or as 0 mutt of such suits or other proceedings, fie Seller will at once cause the same to be dissolved and discharged by giving band or otherwise. The Seller and his contractors shall take all safety precautions, finish and install all gum& necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, fie Ocapational Safety and Half Am of 1970 and all roles and regulations issued pursuant then o. Raised 07R014