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HomeMy WebLinkAbout129088 WOOD MASTERS ENTERPRISES LLC - PURCHASE ORDER - 9147648PO PURCHASE ORDER 914764er Page C117/ of PURCHASE 47648 1 of 2 Flirt Collins/ This number must appear ��/`I ` V " on all invoices, packing sli s and labels. Date: 12/29/2014 Vendor: 129088 WOOD MASTERS ENTERPRISES, LLC 1713 E LINCOLN AVE, UNIT B-7 FORT COLLINS CO 80524-4727 Ship To: LINCOLN CENTER CITY OF FORT COLLINS 417 W MAGNOLIA FORT COLLINS CO 80521 Delivery Date: 12/29/2014 Buyer: WILSON, JILL Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Visual Arts Gallery Pedestals per 12/16/14 quote 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.00m 1 LOT LS 3,727.04 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 I. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fon Collim is exempt f stare and Taal mars. Our Exemption Number is I I. NON WAIVER. 98-04502. Fedenl Excise Tax Exemption Certificate of Registry 84-6000581 6 registered with the Collator of Failure of the Purchaser to insist upon strict per<mrmce, of the terns and evnditions Junior former Or delay to Internal Revenue. Denver, Colorado (Ref Colorado Revised Samos 1973. Chapter 39-26. 114 (a). exercise my rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the inuptmrer of or pa morm for goods moral or approval of the design, shall cat release the Seller of Goods Rejected, GOODS REJECTED due to failure in meet specifications, either when shipped or due to defects of any of the warmties or obligaliors of this purchase order and shall not be dimmed a waiver of any right of the damage in transit, may be rnumW to you for credit and are not to be replaced except upon receip, of wrinm purchaser to insist upon inner performance hereofaf my of is rights tar remedies as W my such goods, rctmdl¢s instructions from be City of Fort Collins. oration shipped, received or accepted, as to my prior or subsequent default hereunder, Our shall any purported oral modification or muission of this purchase order by the Pumha¢f operate as a waiver of my of NB mans Initiation. GOODS arc subject m the City of Fort Collins inspection 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. anthodud payment on the pan of the City of Fort Collins. However, it is to be understand that FINAL Seller and the Purchaser raopon that in morale a practice, overcharges resulting from antitrust economic ACCEPTANCE is dependenlmoncompletlon ofall applicable required inspection procedures, violations arc in fact home by the Purchases. Timasofne good cause and as comidemtion for caroming this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terns. Shipments most be F.O.B., City of Fun Collins, 700 Wood St,, Fan Collins, CO 80522, unless acquired under federal or ware antitrust laws for such iwailargo rela0n, to We particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge sepmately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most accompany invoice. Additional charges for Packing will not be incepted. Shipment Frontier. Where manufacturers have distributing Points in submit Lotus of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be rmaasted from Invoice when shipments ate made from greater disame. Permits. Sella shall proewe at sellers sole cost all na., permits, certificates and licenses required by all applicable laws, regulations, oNinuncea and rules of the sate, municipality, territory in political subdivision where the work is perfotmal, or required by any other duly enns,iorted Public authority hasin,jurodiclim over the work of v kal. Seller further agmes to hold the City of Fort Collins htmless from and against all liability and loss incurred by them by eawn of m assmal Or estabhahed violation of my such laws, tcgulatiom, ordiwnms, miss and requirements. AuWorication. All pries to this contract agree that We representatives arc, in fact, bona fide and pmuss full and complete authority to bind mid parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated hervin set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions pmprsed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arive on your promised delivery dace as noted. Time is of the essence. Delivery and p finfi unce most be effected within the time sated on the purchase order and the documents conchal hereto. No rots of the Purchasers including, wlthom limintion, mcepntnce of partial ate deliveries, shall operate as a waiver of this provision. In the event of my delay, the Purchaser shall have, in addition no other legal and equitable remedies, the option of,dwing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damage as a result of delays due,. causes not mamwbly foreseeable which are beyond its remorable control and without its fault of negligence, such mks of God, rots.fdAl or military andoities, govrmmenntl pool fires, sort food, apidenow, wars or dots provided but notice of the conditions causing such delay is given to We Purchma within five (5) days of We time when the Seller fast revival knowledge thereof. In the evil of any such delay, the dam of delivery shall be exceeded for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrmks that all grad, articles, materials and work covered by this order will conform with applicable drawings, merif onions, rumples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of rare and competence in accordance with accepted standards for work of a similar wane. The Seller agrees to hold the purchaser harmless from any lass, damage or expense which the Purchaser may suRa or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (U year or within such longer period of time as may he, prescribed by law or by We [emus of any mplimble warm,, provided by We Seller it,, the date of acceptance of the good fumishal hereunder (acceptance not to be unreasonably delayed), resulting from impartial or defective work done or materials fumishal by the Seller. Acceptance or use of good by the purchases shall not constitute a waiver of any claim under this wtnnV. Except as otherwise provided in this purchase order, the Sellers liabil iy hereunder shall extend to all dmma proximately caused by the breach of any of the foregoing wtmmies or guarantees, but such liability shall in no event include loss of profits 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 carmen change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my charges to the trim, other than legal rema, including additions to or deletions firm the quantifies originally ordered in the specifications or drawings, by verbal or wrinen change orda If say such change affects the amount due or the time of performance hereunder. an equitable w1justment shall be made. 6. TERMINATIONS. The Purchases may at any time by wdnen change order, terminate this agreement as to my or all portions of the ,cods then not shipped, subject to any equitable adjustment between the parties ns on mywbrk or materials then in Progress provided than We Purchase, shall not be liable for any claims for anticipated profits on the uncompleted portion of the good avaln, work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any good which we the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller ofany of their obligations as to any gwd delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for ndjutment most be asserted within Willy (30) days from the date the change or lamination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereander shall have been produced, sold, delivered and famished in sinter compliance, with all applicable laws and regulations to which the goods am subject. The Sella shall exaale and deliver such it... as may be required to effect or twWarce competence. All laws and regulators required to be incorporated in agreements of this character are hereby inewponted herein by this reference. The Sella agrees to indemnify tW hold the Purchaser harmless from all coma and damages suRcred by the Purchaser as a result of the Sella Culture to cumpl,with such law. 9. ASSIGNMENT. Neither parry shall cosign, trarsfer, or convey this order, or my monies due or to become due hereunda without the prior wriuen consent critic other party. 10. TITLE. The Seller warrants full, clear and unrestricted title f the purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of any and .11 Item, rmtrimir ls, reservations, security interest encumbrances and claims of when. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller m correct mnconfonming or defective goods by a date to be agreed upon by the Purchaser and the Sella, and We Seller thereafter indicates its imbility or unwillingness to comply, the purchaser may muse the wmk m be performed by the most expeditious meaus available m it, and We Seller abail pay all cuss, aamcited with such work. The Seller shall ml. the Purchaser and its cunbmrrrs of my her from all liability and claims of any nature resulting from be performer, ofsuch work. This release shall apply even in the event of fault of negligence of the parry released and shall extend on We directors. Dicers and emploreew.1'such parry. The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in my way, because such .,it is performed or caused on be pert eel by the Purchaser. 14. PATENTS. Whenever the Seller is criminal to use any design, device, material or process covered by lame,, palest, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser firm any and all claims for Inf fi Bement by reason of the me of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the mosecmion or oiler the completion.( the work. In case said equipment, or any pan there.( or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Sella shall, at in own expense and at its option, either procure for the Purchaser the right on continue using said equipment or parts, replace the same with substantially al but "confronts, or modify it m it becomes mninfHnging. 15. INSOLVENCY. If the Seller shall become insolvent or baokrvpL make an assignment for the bereft of creditors, appoint a recaiver m tauter for my of the Sellers property or bminrss, this ofda may foMwith be canceled by the Functional witlwut liability. 16. GOVERNING LAW. The definitions oftema used or the interpretation of the agreement rob the rights; ofall parties hereunda shall be construed under and governed by the laws ofthe Sate of Colons&, USA. The following Additional Conditions apply only in cases where the Seller is on perform work hereunder, including the services of5ellas Remesrnative(s), on the pranio s of when. 19. SELLERS RESPONSIBILITY. The Seller shall nary on said work at Sellers awn risk until the acme is fully completed and incepted, and shall, in m of any accident, destruction or injury to the work awl/or materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchases. When materials and equipment are famished by others fro installation or erection by the Seller, We Sella shall receive, unload, store and handle same at the site cad become responsiblr therefor m though sash materials audio, equipment were being fumisbed by the Sella unda the mdes. 18. INSURANCE. The Seller shall, at his own expense, provide for the Wyment of workers compensation, including Occupational disease beo fits, to its employees employed on or in correction with be work covered by this purchase order, andror f their dependents in accordance with the mwa of the store in which the work is to be done. The Seller shall also cart' comprehensive genenl liability including. but rant limited m, abnormal end automobile public liability insurance with bodily injury and dmth limits of or least $300,000 for any oae person. S500,000 for any incident end property damage limit pet accident of i400,000. The Sella shall likewise reactuire his contmcfn, if my, to provide for such compensation and iaurmer, Before my of the Sellers or his conmaons employees shall do any work upon the promises of others, the Sella shall f ish the Punctuator with a mnif nfic that such compaaation and insurance have bran provided. Such cenifmmes shall specify We date when such omp asation and insurance have Jan provided. Such certificates shall specify the date when such ex mprnsation and insurance expires. The Seller agrees that such compensation and iosumnre shall be maintained it agar the entire work u completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes We entire responsibility and liability for any and all damage, loss or injury of my kind or =lure whatsoever to persons or pmperr, caused by or resulting from the execution rfthe work provided for in this purchase order or in connection herewith. The Sella will indemnify and hold harmless the Purchaser and any r all of We Purchasers officers, agents and employees from and agairsl any and all claims, losses, damages, charges or expenses, whether direct or winner, and whether to fars.rs or property to which the Purchaser may be pair or subject by reason of any act, action, mglat, omission or default oa the pan of the Sella, any of his cantmaors, or my of We Sellers or variations s officers, agents or employees. In now my suit or other proceedings shall be brought agairs, the purohaser, or its.Ricers, agents Or emplI at my time on ...at or by reason of my m1, m,to% within, omission or default of the Sella of any of box aluminum Or any of its or their official, agents Or employees as of said, the Seller hereby agrees to assume We defense Wenor and m defard the same al me Sellers own espease, to pay any rod all wits, charges, wamey fees and other expemea my will all judgmems that may be incurred by or obtained against the Purchaser or my of its m bar officers, agents or employers m such suits or other proceedings, and in case judgment or other her be placed upon Or obtained against the popery of We Purchaser, or said parties in or as a result of such suits or other proceedings, the Sella will at once cause the same tu be dissolved and docharged by giving bond or othervvde. The Sella and his contractors shall take all artery precautions, famish and install all gamed= necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupatimal Safety and Health Act of 1970 and all rules and regulations issued pursuant therein. Revised 09Q014