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HomeMy WebLinkAbout129729 EXODUS MOVING & STORAGE INC - PURCHASE ORDER - 9141996Fort Collins Date: 01/0712015 PURCHASE ORDER Vendor: 129729 EXODUS MOVING & STORAGE INC 1730 E PROSPECT RD SUITE 102 FORT COLLINS CO 80525 PO Number Page 9141996 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 01/07/2015 Buver: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2 Addendum 1 - invoices dated 2014 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 1 LOT EA 1,060.00 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. COMMERCIALDETAILS. Tax estimation. By statute the City of Fort Collins is exempt fmm state and local taxes. Ow Exemmion Number is 11. NON WAIVER. 9"502, Federal Excee Tax Exemption Caufflo m of Registry 84fi000587 is registered with the Collector of Failure of the Purchser to insert upon strict performance of He terms and comitiow hereof, failure or delay to Internal Revenue, Denver, Colomdo (Ref. Calcium Revised Statutes 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 raceprmre of or payment for goods hawanda or approval ofthe design, shall not release the Seller of Good Rejected. GOODS REJECTED due to failure to meet spaifications, either when shipped or due to &rem of my of the memories or obligations of this purchase ardor and shall nut be deemed a waiver or my eight of the damage in mount, may be mutual to You for credit and m, not to be replaced except upon receip, of written purchaser to insist upon strict performance honorer soy of its rights or remedies as to any such good, regardless restrictions fmm f City affront Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, me shall my perepse red oml modification or rescission of this purchase order by the Purchases operate m a waiver army of the terms Iwpaaim. GOODS are subject to the City of Fan Collins inspection on mrival. hereof. First] Acceptance. Receipt of the merchandise, suvriess or equipment in response to this order ma result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fon Colliers. However, it u to be understood dust FINAL Seller and the Purchaser recognize shut in raawl economic practice, no miarges mulling from antitrust ACCEPTANCE is dependent upon completion of all applicable requiredpecti inson procemare du. violations in factborne by tPunctuator.Puer. Theretofore, firr grnA cause and as coasidemtim for arepaing this purchase order, the Seller hereby assigme to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St, Fort Collins, CO 80522, unless efanow specified m this order. If pewusion of given to Prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distrib cling points in voters pans of the country, shipment is expected fmm the nearest distribution point to destination, and excess freight will be deducted frvm Invoice when shipments ere made from greater dismnee. Pewits. Sella shall procure at sellers sale cost all necessary Pewits, cedificams and licenses required by ell applicable laws, regulatinns, ordinances and roles of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller Further agrees to hold the City a Fort Collins harmless from and agairen all liability and less incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, mles and requirements. Authorization. All parties to this contract agree that the represenutives are, in fact, bona fide and posse, Full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to He dews and conditions stated herein set fort and any supplementary or additional terms and conditions annexed hereto or incespomred herein by reference. Any additional or different tows and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT imminiuely ifyou cannot make complete shipment to arrive on your promised delivery date in noted. Time is ofthe resource. Delivery and performance most be elTeded within the time stated on the purchase order and the documents attached hereto. No acts of the Purchases, including, without limitation, acceptance of l mial late deliveries, shall operate an a waiver of thin prevision. In the event of any delay, the Neckwear shall have, in addition to 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 darmgen as a result of delays due to tames not reasonably foreseeable which are beyond its reasonable control and witlwut its fault of negligence, such acts afGoL acts of civil or military authorities, governmental prionaict fires, strikes, toad, epidemics, wars in tots provided that notice of the conditions causing such delay u given to she Purchaser within five (5) days ofthe time whm the Sella first received knowledge thereof. In she event of my such delay, the date of delivery shall be extended for the period equal to the time usually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, fri ends cad work covered by Its order will conform with applicable drawings, specifications, samples and/or other descrlpfims given, will be fit for the purposes intended, and performed wiN the highest degree of are and a mpeence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold He purchrow harmless from any loss. damage or expense which the Purchaser may suffer or incur on account ofthe Sellers breach of avawnry. The Sella shall replace, repair or make good, without cost o the purchaser, any defects or burns arising within one (1) year or within such longer pened of time as may be presented by law or by the terms of my applicable warranty provided by the Seller after the date of acceptance of the good furnished hereunder (acceptwce not to be unreasonably delayed), resulting Two imperfect or defective work done or materials Ibmished by the Seller. Acceptance or due of goods by the Purchaser shall nut constitute a waiver of any claim under this warranty. 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 the foregoing warranties or gammas, 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 Purchase, say make changes to legal terms by written change ardor 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changer to the terms. other than legal corms, including addiman to or deletions from the gamities originally ordered in the spai0catiom or drov ngs, by verbal or written change order. If soy such change affects she amount due or the time ofperformmn hereunder, an equitable ad iouncer shall be made. 6. TERMINATIONS. The Purchaser may at any time by women change order, tewimte this agreement as m my or all portiow of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchases shall not be liable for any claims for mricipared profits on the uncompleted Portion of that goods troffer work, fen incidental or consequential dmmages, and that no such adjustment be made in favor of the Sella with respect to any goods which are she Sellers smndard stock. No such termiwtion shift relive the Pirroxwer or the Seller ofany of their obligations as to mY Sood delivered hereunder. 2. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asset within thirry (30) days from the dine the change or lamination is ordered 8. COMPLIANCE WITH LAW. The Sella warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in said compliance with all applicable laws and regulations to which the goods are subject. The Sella shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorpommd herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser in a result of the Sellers failure In comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or my monies due or to become due hereunder without ,he prior wrium consent of the other party. 10. TITLE. The Seller women full, clew and unrestricted title to the Purchaser for all equipment materials, and items famished in performance of His agreement, free and clear of any and all liens, mttcuons, res—miom, security imam, encambmnces and claims afmirms. acquired under federal or stare mritrust laws for such overcharges setting to the Particular good or services purch+ed or acquired by she purchaser p..t to Nis purcbau order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchases direas she Sella to weer, nonconforming or defective good by a date to be agreed upon by the Purchaser and the Seller, and the Seller Hereafter indicates its inability or unwillingness to comply. the Purchaser may cause the work to be performed by the most expeditious means available to it and the Seller shall pay all casts associated with such work. The Seller shall release the Purchaser and its contractors of any tier has all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the even, of fault of negligence of the funny released and shall extend to the directors, officers and employees of such parry. The Seller's contractual obligations, including wamnry, 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 Sella is required to use any design, device, material or process covered by letter, patenk tradcmeh or copyright. the Sella shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection wit the contract, and shall indemnify the Purchaser for any cost, exPense or damage which it maybe obliged to Ray by reason ofsuch infringement many time during the prosecution or after the completion of the work. In con said equipment, of any pan hereof or the intended see of the goods, ri In such suit held to romtitute inMngement end the see of said equipment or pan is enjeiv nk the Seller shall, at its own expense and at its option, either promre for the Enrichment the sight to continue using said equipment or parrs, replan the same with substantially awl but naninfnnging equipment of modify it so it becomes cwww) ngmg. 15. INSOLVENCY. If the Seller shall become imeohent or Frnkrvpt, make as assignment for the bereft of oreditars, appoint a beaver in trustee for any of the Sellers propeny or business, this order may forthwith be canceled by the Purchases without liability _ 16. GOVERNING LAW. The definitions of terms wed or the interpretation ofthe agreement and the rights of all parties hereunder shall be corrsfed order and governed by me laws offe State of Colorado, USA. The following Additional Conditions apply only in cases where the Sella is to Perform work hereunder, including the services of Sellers Representative(s), on the premises ofathers. 12. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk unfit the same is fully completed and accepted, and shall, in u of any accident, destruction or injury to the work and/or materials before Sellers Final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for instillation or erection by the Seller, the Seller shall receive, unhook stare and handle same at the sire and become responsible therefor as though such materials ompor equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his awn expense, provide fen the payment of workers compensation, including compaliant disease never., Ir its employees employed on or in cormeaime with the work covered by this purchase order, anNor to their dependents in accordance with the laws of Ne slate in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability announce with bWily injury eM death limits of at least 5300,000 for any one permit, 5500,00) for any one accident and property damage limit Per accident of S400,000. The Sella shall likewise «quire his contractors, if any, to provide for such continuousness aM insurance. Before soy ofthe, Sellers or his contractors employees &ball do any work upon the premises of others, the Sella shall famish the Purchaser with a cctiftcate that such compensation and inegrdmce have been provided Such reetifirsom shall specify the date when such compensation and insurance have than provided. Such cetificotes shall specify the date when such compere Lion and iwumrae expim. The Sella agrees Nat such compansatiw cad insurance shall be nummimd wail after the antire work is completed and azrepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes He entire reporssibiliry and liability for any and all damage, loss or injury ofany kind or nature whatsoever to Persons or proper, wood by or resulting few the execution of the work provided fen in this purchase order or w mwerum herewith. The Seller will imkmaify and hold haeless the Purchaser and any or all of fie Purchasers other., agenrs and employes from tort agmat my and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect omission or default on the For of the Sella, any of fits contractors, or my of she Sellers or contractors officer, agents or employees. In cause soy suit or offer proceedings shall be brought against the Purchaser, or in officers, agent or employees at any time on account or by reason of any act, ration, neglect, omission or default of the Sella of any of his contrralars or my of its or Heir officers, agents or employees as aforesaid, fe Seller hereby agrees to assume the defense thereof and to defend the same at she Sellers own expense, to pay any and all costs, charges, anomeys fees and ocher expenses, any and all judgments that may be incurred by or obtained against fie Purchaser of any of its or their effects, agents or employees in such wits or other proceedings, and in case judgment or other Inch he placed upon or obtained against the property ofthe Purchases, or said parties in or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, furnish and install all guard necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1920 and all roles and regulations issued putswnnhereto. Revised 02R014