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HomeMy WebLinkAbout104009 FEDEX CORP - PURCHASE ORDER - 3215020PO PURCHASE ORDER 321502er Page C117/ O'f15020 1012 F/' rt Collins( This number must appear ,-\V`I ` V on all invoices, packing sli s and labels. Date: 01/02/2015 Vendor: 104009 FEDEX CORP P O BOX 94515 PALATINE IL 60094-4515 Date: 01/02/2015 Note Ship To: TRAFFIC OPERATIONS CITY OF FORT COLLINS 626 LINDEN STREET FORT COLLINS CO 80524 Line Description Quantity UOM Unit Price Extended Ordered Price Mailing 1 LOT LS 1,000.00 Annual 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: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIALDEfA1LS. Tax exemptions. By samle the City of Fort Collins is exempt fmm slate and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Fadcml Excise Tax Exemption Cereficare of Registry 84-6000589 is registered with the Collector of Failure of the Purchmer to insist upon adct performance of the terns and conditions hereof, failure .r delay to late.[ Revenue, Denver, Col.& (Ref. Col.& Revised Statutes 1973, Chapter 39-26, 114 (a). aimmim any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the mcapance of or payment for goods hertmder or approval ofthc design, she not release the Seller of Goods Rejected. GOODS REIECTED due to failure to meet specificatios, eitM when shipped or due to defects of my of the wmtmrties or obligations of this yarchaso order and she not be deemed a waiver of my right of the damage in much, may be retumM to you for credit and are net to be trplaved except upon receipt of women purchase to nmm upon strict preormmre be rrif ar my of its rights m temdirs as to my such goods, regardless instructions from the City of Fort Collins. _ of when shipped, received m incepted, as to may prim ar subsequent default hereunder, nor shall my compmtd pool modification or rescission of this purchase order by the purchaser operate as a waiver of my office tames Inspection. GOODS ere subject as the City of Fon Collis 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. authorized payment on the pan of the City of Tom Collins. However, it is to the understood that FRIAL i Seller and the Purchaser recognize that f inmzl ec is practice, overcharges resulting franc mlitrust ACCEPTANCE is Jependen upon rompletiou of all applicable required impaction pmeedures. violations art in fact home by the Purchases. Therem ose, far good wine and as comiderarion for executing shis purchase under, the Seller hereby assigns to the Purchaser any and dl claims it may now have or Meager Freight Temss. Shipments most be F.O.B., City of Fort Collins. 700 Wood Sr, Fort Collins, CO 80522. unless inquired under federal or since entitmst Izws for such overcharges relating to the particular goads or smicm otherwise specified on this other If pe aniasion is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaer Forman to this purehiae order. bill most accompany invoice. Additional charges for packing will not be accepted. 13i PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. shipment is of thmi Shipman Distance Where manufucmrershidestination, by a date tobeagrcdupon by the rdirtcm the Seller locotieenoncondicategts ad awinvanospzns to.. Invoice expected franc the rare distribution paint to destination, end excess freight will be deducsd from Invoice when Purchasebe r it mercury Or to comply, the P Purchaser and the Seller, and the Srllcryfficarafter its imemo m mble shipments are made farm greater dismme. mouindicates to it, sc may causr the work to ch performed by the most expedition means availably to it mid the Seller shall pay all pay BE carts associaed with such wok. Partners. Seller shall procure atit scllm sole cost all mcesmry pmnim, ttmficata red licensor required ell w and toles of the stem, municipality, orintory m political subdivision where applicable laws, regulations, iprocal The Seller shill release the Purchaser and its covtanors of any tier fiom all liability and claims of my nemre by a the work is performed, greeted by any other duly public authority jurisdiction over the work resulting from the prrfomtma of such work. Too Collins) from and against all liability and loss vendor. Seller further agrees to hold the City of Too ColM1f and r on, s in red them by reason of an assdN or established violation of my such Taws, regulation, odinanecs, rvles This relive shill apply even is the even of fault of negligence of the parry retard and shall extend to the re and requirements. directors, olicm and employers ofsueh parry. Authenzstior. All ponies to this contract agree that the aapreenmtivas are, in but, born fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the cenm and condiri0ns smted herein Be, forth and any supplementary or additional terms and conditions mrexd hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby ejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately tryout wmot onake complete shipment 0 arrive on your promised delivery dime as noted. Time is orals, essepce. Delivery oral performance muss be eft td within the time Broad o c the parchom Oder and the documents ma chd Met.. No acts of the Purchasers including, without Iran..., areepmnce of partial late deliveries, shall operate m a waiver ii is provision. In the at army delay, the Purchaser shall have, in addition to other legal and equitable remedies, the Option of placing this order elsewhere Bud holding the Seller liable for damages. However, the Seller shall not be liable fur damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault ofnegligence, such arts trGd, tots.(civil or military anmonha, govemmenml priorities, fires, strikes, Rood, epidemics, wars or riots provided thin retire of the condition causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge theeof. In the event of my such delay, the dare of delivery ahall h extended for rbe peril equal W the time enually lost by reason of the delay. 3. WARRANTY. The Seller warrants Nat all goods, articles, materials and wok covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care ore competence in incodaace with mcaprd summands for work of a similar moue. The Seller agrees to hold the purchaser hornless f any loss, damage or expense which the Purchaser may suffer or incur on account affair Sellers breach of w.ty. The Sri). shall replace, repair or make good, without and to the purchaser, my defects m Gults raising within now (1) year or within such longer peed of time as may be prescribed by law or by the teens army applicable wanaary provided by the Seller after the date of accaparece of the goad Banished hereunder (accepmne not to be unreasonably delayed), malting from imperfect or defective work done or materials famished by $e Seller. Acceptance or use of goods by the Purchaser shall not consume a waiver of any claim under this watimty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of she foregoing wetrmtirs or guarantees, but such liability shall in no event fdde lass of profits or loss of fire. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser mny make changes to legal lama by wrinrn change oiler. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the seams. Other than legal terms, including additions to or deletions fmm the quantities ungodly ordered in the specifcuumai or drawings, by veMsl or written change order . If my such change atfccm the amount due or the time ofperformmce hereunder, an equitable djustment slut] be it,. 6. TERMINATIONS. The Purchaser may to any time by wrinen change order, Operate this agreement as to any or all poniom of the goods then not shipped, subject to any equitable adjmtmmt bcncen the parties. to may wok or materials then in Epigram provided that the Parameter shill not be liable for any claims for anticipated profits on the uncompleted portion office goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which me the Sellers sanded stock. No such anticipation shall relieve the Purchaser or the Seller army of their obligations as to any goad delivered hrounder. T. CLAIMS FOR ADJUSTMENT. Anr claim fm adjustment mint be asscnd within thin (30) days from the data the charge or ermimti.n is opened. 8. COMPLIANCE WITH LAW. The Seller warrmts that all goods sold hereunder shall have been produced, sold, delivered and finished in spier compliance with all applicable laws and regulations to which the goads ace subject. The Seller shall execute and deliver such docpmanm as may h equired to affect or evidence compliance. All laws end regulations required as be incorpoated in agreements of this character x hereby i cm silos ed herein by Nis reference. Tbe Seller ageas la indemnify and hold she Purchaser Mmlm Bum all costs real damages sulTerad by the Purchaser as a result of the Sellers failure I. comply with such law. 9. ASSIGNMENT. Neither pray shall assign, transfer, or convey this order, or any monies due or become due hereunder without the prior wrier consent of she other party. 10. TITLE. The Sella wmmnm Bill, clear and committed tide to the Purchaser fro all apsipmrns, matcnals, pad it. f cambd in ponficarrappre of this agreement, free and clear of my and all liras, restricriom. resew , aecunry interest memmbmaces and claims ofo h rs. The Sellers contractual obligations, inclndwg wumnry, shall rot be dcend a be reduced, in my way, because such work is prepared or roused to be perfonad by Oar Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser fmm any and all claims for infringement by reason of the use of such parnmed design, device, material or process in connection with the contract, and shall indemnity the Purchaser for my cast, expense or damage which it may he obligd to pay by ration of such infringement at airy, time during the pmaeemtion or arm the completion of the work. In rare said equipment or my pan thereof or the intended pace of the goods, is in such mit held to mmtimte infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either pmcue far the Purchaser the right to continue using said equipment or pan; replace the same with substantially equal but nonimmaging equipment or modify it so it becomes noninfringing. 15. INSOLVENCY. If tbe Seller shall become insolvent or bankrupt nuke an assignment for the benefit of creditors, appoint a m truster for may .f oho Sellers property or business, this Beer may f.Mwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oFri. used or the interpretation ofthe agreement and the rights of all parties hereunder shall be construed undo and governed by the laws of the State of Colorado, USA. The following Additoml Conditions apply only in cases where the Seller is to perform work haeuude, including the services of Sellers Rapresenative(s). on the premises of others. 19. SELLERS RESPONSIBILITY. The Seller shall carry, an said wok at Sellars own risk until the same ex holly completed and accepted, and shall, in case of any accident destruction or injury to the work anNm materials before Sellers fiml completion and overEa ce, complete the work at Set[&. own expense cad to the satisfaction of the pmchisa. When morals and equipment arc finished by others for installation or merino by the Seller, the Seller shall receive, unload store and handle same at the site and become respearuible therefor as though such mmenals ammr equipment were being( iescd by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for tha payment of workers compensation, including eccuriniaml disease benefits, to its employees employed on or in connection with Be wok covered by this purchase oiler, mNor to Nair dependents in accordance with the laws of the sine al which the wok is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with readily injury and death limits of at least 5300,aap or any are person, $500,WU for any one accident and property damage limit per accident of 5400,000. The Seller shall hkawiae require his compactors. if-, m provide for such mmpeuauon and ins., Bet any .f the Seam or his exaememrs employees shall do my wok upon Re premises of others, the Seller she famish do, Purchaser with a certificate out such compensation and insurance have ban provided. Such canificetas shill specify the date when such campcnsation and insurance have been provided. Such certificates shall specify the dale when such compensation and imumnce expires. The Seller agrees dor such compensation and insurance shall be maintaind mtil aner the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sever hereby assumes me entire responsibility and liability for any and all damage, loss or injury of nay kind m capture whatsoever to perform or property caved by or resulting from the exertion ofhe work provided for in Nis purchase ode Or in exprapion berewitb. The Senor will iMemaiy, and hold Biomass ass the Purchaser and any or all of the Eurchism officers, agents and employees from and against any and all claims, losses, damages. charges or expenses, whether direct or indirect, and whether to persons m pmpeny m which the Purchaser may be put or subject by season of any m4 Orion, neglect omission or default on the pan of the Seller, any of his ontmcton, or any of the Sellers or contractors officers, agents or employees. In exace any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employers at my more on account or by reason of my tot ration, neglect omissive ar default of the Seller of my of his contactors or my of its or their officers. agents or employees as afoesaid, the Seller hereby agrees to assume the defense theeof and an tiered the same in de Sellers own expense, to pay my and all exam, charges, attmmys fees and other expenses, my and all judgmarm that may be incurred by Or Obtained against the Purchaer or my of its or them of rers, agents or employees in such suits or other proceedings, ead in case judgment or other lien be placed upon an obtained against the property of the Purchaser, or said parties in or as a result of such suits or other proceedings, the Seller will at once came the same to be, dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety, precautions, finish anal immll all guards necmvry fro the prevention of incidents, comply with all laws and regdatios with regard to safely inclurinit-but without limitation the Occupmiosl Safety and Health Act of 1970 and all telex and regu maxis issued pussuaat cheaper Revised 07R014