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HomeMy WebLinkAbout355398 FORT COLLINS WHOLESALE NURSERY INC - PURCHASE ORDER - 3215053Fort Collins Date: 01/05/2015 PURCHASE ORDER Vendor: 355398 FORT COLLINS WHOLESALE NURSERY INC 2224 N SHIELDS FORT COLLINS CO 80524 PO Number Page 3215053 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: PARK MAINTENANCE CITY OF FORT COLLINS 413 S BRYAN FORT COLLINS CO 80521 Delivery Date: 01/05/2015 Buver: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 2015 Annual 1 LOT LS THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. 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.00m 30,000.00 Total $30,000.00 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. COMMERCIALDETAIIS. Tax exemptions. By statute be City of Fon Collin is exempt from state and Road now. Our Exemption Number is I L NON WAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registe d with the Collector of Failure of be Purchuer so insist upon strict performane of the reams and wndinons her of, failure or delay m 1.1-1 Rovenue, Drover, Colorado (Ref. Colorado Revised Sutures 1973, Chapter 39-26, 114 Rd. exercise any rights so meta s. provided herein or by law, failure to promptly notify the Seller in be event of a breach, the waptma of or payment for goods hereunder or approval oftle, design, shall not releam the Sella of Goods RejecrM GOODS REJECTED due to failure to mat specifications, either what shipped a due to defects of any of the waanties or obligations of this purchase major and shall sot he deemed a waiver of any right of the damage in transit, may be resumed to you for credit and are apt to be replaced except upon Maps of wrinm purchaser to insist upon strict performance hereafor any of its rights or remedies as W any such good, regardless hsauctimn from the City ofFort Collim. of whm shipped, received or mapred as to my prior or subsequent default hereunder, nor shall any paryoned ail modification or rescission of this purchase order by the Purchases operate as a waiver of my of be W. Inspenion. GOODS are subject to the City of Fan Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response a this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorisd paMan on the pm of the City of Fort Collins. However, it u to be understood but FINAL Seller and the Franchisees mcognire that in anal ecoonde procure, overcharges rembiag four arm. ACCEPTANCE is detonation upon completion ofall applicable mryiad impaction procedures. violations tie in fact more by be Pachner. Theretofore, for good rouse and as consideration for executing this purchase order, the Seller hereby assigns to the Purchater any and all claims it may now have of lumber Freight Tema'. Shipments must be F.O.B., City of Fort Collins, 700 Wood St, Fort Collins, CO 80522, unless acquired under federal or sate sum ust laws for such overcharges relating to the pmimlar goods or sesvica oferwia, specified on this oraa. Upermission is given to prepay freight and charge separately, the osigiwl freight purchased or acquired by the Purchaser ptusoert to this purchase orda. bill must accompany invoice. Additional charges for packing will apt , scaptW. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. When manufactwtrs have disuibuucg points in various pans of We am", shipment is Hire Purchases directs be Sella to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destruction, and excess freight will be d ucred from Invoice when purchaser and be Seller, and the Sella bereaftor indicates its imbility a unwillingness to comply, the Promisor shipments are made from greater distance. may cause the work to be performed by be most expeditious meats available in it, and be Sella shall pay all costs nsaiated with such work. Perrino. Sella shall procure at sellers sole cast all necessary permits, certificates and liverms required by WI applicable laws, regulations, ordinances and roles of fie sutq municipality, deritory or political subdivision where The Seller shall release the Purchaser and its contractors of any tin from all liability and claims of my nahim the work is performed, or raptured by any other duly constituted public authority having jurisdiction over the work resulting from the performance of such work. of vendor. Seller further agrees to hold the City of Fan Collins harmless from and againt all liability and loss incurred by them by reason of an roomed or established violation of any such laws, regulations, ordinances, roles This release shall apply even in the went of fault of negligence of the pary, released and shall extend to the and requirements. directors, officers and employees ofsuch pray. Auforimtion. All parties to this contract agree that the mpmmnmtivm are, in fact, bona fide and possess full and The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because complete authority to bind avid panic, such work is performed or caused to be performed by the purchaser. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terms and conditions stated herein act forth and any supplementary or additional terms and mnditiom armexed hereto or Insm oraad herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby jetted. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arfw on your promised delivery date m noted. Time is of the esscme. Delivery and performance matt be offiated within the time stated an the purchase order and the documents attached hereto. No acts of be Parchners including, without limitation, acceptance of partial live deliveries, shall operate as a waiver of this provision. In the event of any delay, the purchaser shall haw, in addition W other legal and equitable remedies, be option of pacing this order elsewhere and holding the Sella liable far damages. Haweveo the Seller shall not b, liable for damage, as a result of delays due to mums not reasonably foreseeable which are beyond its reasonable cmuwl and without its fault of negligence, such acts ofG4 aces afciail or milimry aatMmies, govemmenul im tins, Cues, saikes, flood, epidemics, was or nos provided Out notice of the condition causing such delay is given to be Purchases within five (5) days of be time when be Seller first received knowledge berm[ In fie event of my such delay, be date of delivery shall be onendd for the period equal to Ore time canopy lost by ream. of fie delay. 3. WARRANTY. The Sella warrants then till goods, articles, materiuh end work coveted by this order will conform with applicable drawings, specification, samples adlar other descopniom given, will b, fit for be purposes intended, and pert ed with be higheu degree of ore and competence in sot lavice with anceptal standard for work or. similes mrure. The Sella agrees b hold the purchases wartless from may, loss, damage or expene which the Pannonia may cuff or incur on accom, of fie Sellers breach of wananry. The Sella shall replace, repair car make good, without cost to be purchaser, any defers or f Its and, within one (I) year or within such longer per ad of time w may be prescribed by law or by be coma army applicable wartenry provided by be Sella after be ate of mcepana of the goods f ished herundes bompurom not to be ummmnably delayed), resulting from imperfect or defective work done or materials famished by be Seller. Acceptance or use of goods by be Purchaser shall not constitute a waiver of my claim under this warranty. Except as otherwise provided in this purchase order, fie Sellers liability heremda shall extmd to all damages Proximately caused by be branch of my of be foregoing waranties or guarantees, but such liability shall in no went include loss of profits or hens 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 terms by writen change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other ban legal terms, including additions, to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects be amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by wrimen change miler, terminate this agreement as to any or all poniors of the goods then not shipped, subject to my equitable adjustment between in, parties as to any work or materials then in progress provided that the Purchaser shall not be liable far any claims for mticipmed profits oa the uncompleted portion of the goad era&., work, for incidental or com meminl damages, and that no such adjutmenr be made in favor of the Sella with respect W my good which are the Sellers standard stuck. No such termination shall relieve the Pumhaa or the Sella of my of their obligation to to any &cods delivered hereunder. 9. CLAIMS FOR ADJUSTMENT. A, claim far allonmen, must be assumed within thirty (30) days firm the dam be change in lamination is ordetN. S. COMPLIANCE WITH LAW. The Seller warnts Out all goods mid hereunder shall have been produced, sold delivered and f fished in strict compliance with all applicable laws and regulation to which be good are subject The Sella shall execute and deliver such daumants as may be, required to effect or evidence compliance. All box and regulation required in be inmryorued in sometimes of bis character am hereby incorporated herein by fis reference. The Sella arm¢ In indemnify and hold be Purchaser hvmleas from all cosy and damages suRered by be, Purchaser as a tesult of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, barsfer, m convey this order, or my manes due or to boom, due hereunder witlarm be Poor wriam cannot ofb. mlrcr party. 10. TITLE. The Sena warrant full, clear and wtrommed tide to the parchment for all aluipment materials, and items famished in performance of this agreement, f and clear of my and all lien, restriction, now-mitiona, so m ity interest mcumbranow and claims ofathers. 14. PATENTS. Whenever the Sella is required to use any design, device, material or process covered by lever, patent, trademark r copyright, the Seller shall indemnify and save hacmlew be Purchaser from my and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the comrmt and shall indemnify the Purchaser for any oat, asperse or damage which it may Is, obliged to pay by reason of such infringement at any time during the prosecution or after the completion of be work. In case said equipment, or any pm thereof or the intended we of the good, is in such suit held m constitute infringement and be use of said equipment or pm is enjoined, the Seller shall, at its awn expense and at its option, either procure for the Purchaser the right to continue using mid equipment or pans, replace be same with substantially equal but euninfringing equipment, or modify it an it becomes nminfn'nging. 15. INSOLVENCY. If the Sella dull become insolvent or bankrupt, make an assignment fro the benefit of creditors, appoint a recover or trustee fm my of the, Sellers property or business, this order may Sandwich W crawled by fie Purchaser without liability. 16. GOVERNING LAW. The definitimss aft. used or the interrelate. efilm agreement and be nghts.fall parties becou nda dull be combined under and governed by the laws of fe State ofCalotado, USA. The following Acidulous] Condition apply only in cases where fie Sella is in perform work hcrtwda, including be services of Sellers Reprom utive(s), ..be premises wobem 17. SELLERS RESPONSIBILITY. The Sella shall nary on mid work at Sellers own risk until the same is fully completed and accepted, and shall, in cam of any accident, destruction or injury to the work and/or materials before Sellers final completion and acceptance, complete be work at Seller own asperse and to be satisfaction of the Purchaser. When materials and equipmem art famished by others for installation or erection by be Seller, be Sella shall receive, mind, store and handle wmc at be site and become responsible therefor as though such materials anNa equipment were being famished by be Seller under Osc color. 18. INSURANCE. The Seller shall, at his own expense, provide for be payment of workers compensation, including occupational disease returns, to its employees employed on or in connection with be work covered by this purchase order, andlor to their dependents in accordance with the laws of the sate in which be work is to ha done. The Seller shall also wiry comprehensive general liability including, but rat limited to, contractual and automobile public liability insurance with bodily injury and death limits of at lent 530g000 for any one person, $500,000 for any one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his common , if any, to provide for such compensation and moraine Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish be Purchaser with a certificate that such compensation and insurraw have been provided. Such conficates shall specify the date when such ompereation and insurance have ban provided. Such certificates shall specify fie date when such compenation and insurance expires. The Sella agrees that such compensation and insurance shall be maintained until after the entire work is completed and amcpted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby sesames the entire respanibility and liability for any and all damage, low or injury ofany kind r more whasoever W person or pmperry, coumd by or resulting from be execution ofthe work provided for in this purchase order or in com ohms berewith. The Sella will customary and hold barmlcss be Purchaser and my r all of dive, Purchaser ofcer , agents and employees from and against my and all claims, losses, damages, charges or expenses, whcber direct or undid, and whether a Favors or property in which the Purchaser may be put or subject by mason of my rot, action, neglect, omission or default on be pan of be Sella, my of his conemmra, or my of be Sellers or officers, agents or employers. In case any suit or other proceeding shall be brought again, be Purchamr, or its officers, agents or employes en my time m accomt m by reason army act, action, neglect omission or default of fie Sella of any of his contractors or my arms or bah ollicas, .gads or employees as of aid be, Sella hereby agrees to assume fe defense thereof and to defend fie same a, be Sellers own expense, b pay my ad at[ toss, charges, attorneys fan sad Ober expenses, any and all Indications that may b, incurred by or obtained against be Punctuator or my of its or bar officers, agents or employees in such suits or other proceedings, and in case judgmmt or other him be plant upon or obtained against be, property of the Purchaser, or said parties in or as a rumb of such suits or Ober proceeding, the Sella will at ova pose be same to be, dissolved and dischargW by giving bold or otherwise. The Sella add his contractors shall take all safety precaution, fish and install all guards noemary for be prevention of accidents, amply w'if all laws and regulation with regard m every mclud'mg, but without limitation, be Occupational Safety and Health Act of 1970 and all roles and regulator issued parsumt thcrem. Revised 0212014