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HomeMy WebLinkAbout454095 THE PREMIER COMPANY LLC - PURCHASE ORDER - 9140362Fort Collins Date: 01/09/2015 Vendor: 454095 THE PREMIER COMPANY LLC 113 S COLLEGE AVE FORT COLLINS CO 80524-2808 PURCHASE ORDER PO Number Page 9140362 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: RISK MANAGEMENT DIVISION CITY OF FORT COLLINS 215 N MASON, 2ND FLOOR FORT COLLINS CO 80524-4408 Delivery Date: 01/14/2014 Buyer: PAUL, GERRY Note: 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. Line Description Quantity UOM Unit Price Extended Ordered Price 3 Transfer funds to 070 4 Transfer funds from 071 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 -2,021.10 Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 WITMIIM97-[AS r KIISM Page 2 of 2 1. COMMERCIALDETAILS. Tax exemption. By smtute the City of Fon Collins is exempt form state and 1me tarn. Our Exemption Number is 98414502. Federal Excise Tax Exemption Compcam of Registry 84-6000587 is ou'aherM with the Collector of learul Revenue, Denver, Colorado (Ref. Colorado Revised Smmtes 1973, Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECTED da, to failure w men spaifimfion, either when shipped a due to defects of damage in nmssit, may be retuned to you for credit and sm rat to be replaced except upon receipt of owned instructions from the City of Far Collins Inparion. GOODS are suggest an me City of Far Collin'nespectice w arrival. real Acceptance. Receipt of the metchmdise, services, or aluipmenl in espotsu b this order can mull in authorised payment on tM pan of me City of Tom Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable do,dialimpation procedures. Freight Terms. Shipments man be, F.OB.. City of Fall Collins, 700 Wood St., Fan Collins, CO 80522, unless arborwix spsified on this order. lfpermission is given to prepay fight cod charge separately, the original freight bill must mcompny invoices Additional chaga far,mlidg will at be accepted. Shipment Distance. Where manufacturers have distributing Points in various pans of the country, shipment is expected from the nearest distribution paint to destination, and excess freight will be deducted from Invoice when shipments we made from greater distance. Permits. Sella she procure at sellers sole cast all necessary pewits, catifiam, and licenm required by all applicable laws, regulations, ordinances and roles off, sate, municipality, territory or political subdivision where the work is performal, or egWrcd by any other duly constituted public witho ity having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collin harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of my such laws, regulations, ordinances, roles and ratulrements. Aufonzatfon. All ponies to this contract agree that me representatives ae, in fact, bona fide and possess full and complete authority to bind said pania. ' LIMITATION OF TERMS. This Pmcluue Order expressly limits acceptance to me teas and conditions state herein set form and any supplementary or additional terms and condition mmexed hmto or incorporated herein by reference. Any additional or different terms and candidates propose by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you swot make complete shipment to arrive on your pmtr ised delivery date n noted. Time u of foe esseme. Delivery and peRowmre rant has elTeded within the time stated on me purchase older and me documents attached hereto. No acts of me Purchasers including, without Limitation, mcepmnm of pmrial late deliveries shall opmm to, a waiver ofthis provision. In the event of any delay, rise Purchaser shall have, in addition w other legal and mnbffile remedies, the option ofpladng this order elsewhere men holding the Seller liable for damages. However, the Seller site rat h liable for damages a a result of delays due to causes not d oombly forecomble which ae beyond its mosonable control and without its fault of negligence, such acts of God, acts of civil or military authorities, govemmental pnorires, firm, strikes, flood, epidemics, wars or dots provided that natim of me conditions caning such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge domed.. In the event of my such delay, the data of delivery shall be extended for the period equal W the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all gad+, anicles, materials and work covered by this order will conform with applicable drawings, specificmium. samples and/or other descriptions given, will be fit for the purposes intended, and perfomted with the highest degree of care and competence in accordance with accepted standards far work of a 'miler nature. The Seller agrees to hold the pumhaxer harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of me Sellers breach of warrmay. The Seller shall replace, repair or make good, without curt to the purchaser, any &f ots or fcalts arising within one (I) year or within such longer period of time a may be prescribed by law or by foe tens of my applicable warranty provided by the Seller after the date of acceptance of the goods fmished hereunder fica ptantt not as be untcasonbly delayed), resulting from imperfect or defective work done or mmerials fumishal by me Seller. Acceptance or use of goods by the Paramour shall not constitute a waiver of any claim wader mix.1y, Except as oferwise provided rn this purchase miler, the Sellers liability hereanden shall extend to all damages proximately mused by she breach of my of me foregoing wanaaties or gmninu s, but such liability shall in no event include loss ofpmfts or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser troy make changes m legal terms by amain change coda. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser duty make any changes to the toms, other than Iega1laws. mlading addition to or deletion from me quantities originally ordered in me specification or drawings, by verbal or wnnen change order. If any such change epacts me amowat du, or fe time of paf at hereunder, an calumet, edjmmorew shall be made. 6. TERMINATIONS. The Purchaser may at any time by wdmen change order, terminate this agreement a to any or all pardon of the good men or ahippal, subject to any ryuiable adjustment berween me parties as Or any work or mmaies then in pegess provided mat the Purchaser shall not be liable for my claims for anticipated profits on me ancompined portion of me good mWor work, for incidental or consummate damages, and that no such adjustment Ire made in favor of the Sella with natal to any good which are the Sellers standard stock. No such tewiwition shall relieve the Purchaser or the Seller of any ofrheir obligation as to any good delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be awned within thirty (30) days from foe date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and fumishad in strict compliance with all applicable laws and regulations N which me goods are subject. The Seller shall execum and deliver such documents sox maybe require w effect or evidene compliance. All laws cod regulation equirm to be, incorporated in agreements of this chummier art hereby incorporated Latin by this reference. The Seller aged w indemnify and hold the Pamhoser harmless from all costs and damages sufficed by the Purchaser as a molt of the Seller failure b comply with such law. 9. ASSIGNMENT. Neither Party shall assign, nagger, or convey this order, m my monies due or to become due hereunder without the Pd., winged cogent ofthe when pray. 10. TITLE. The Sella warrants full, clmr and urmarde ed fide wthe Purchaser for all equipment, arterials, and it. famished in performance of this agreemen, free and clear of any and all lira, domcuon, resmano.. swcoriry intent amumbren wmddemofomers. 11. NONWAIVER. Failure of me Purchaser w insist upon strict pert some of the terms and condition hereof, failure or delay to on, rights or remedies provided hemin or by law, failure 1. pmmpOY notify me Seller in the event of a brocb, the acceptance of or paymenB for goof hereunder Or apparel wilm design, shall col all. the Seller of my of the wawntm or obligation of this purchase coder and shall at be deemed a waiver of any right of de purchaser in insist upon strict performance heeafor my of its rights m remedies as to any such goods, regardless of when shipped, received m accepted, as to my prim or subsequent default hauuda, nor shall any passional oral mcdifcatian or rescission of this purchase order by me Purchaser .,ware a is waive of any of the terms hetcoL 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Puehaser recognise that in actual economic practice. overchma gresulting firm antitrust violation arc in fact bane by me Puehacr. Theetofore, fagood wise and as consideration fen executing this purchase order, the Seller hereby assign to me Purchaser my and el claims it may now have or hereafter acquired weer federal or state antitrust laws for such overchaga renting in the particular good or services purchased or mquiral by me Purchaser pursuant to this purchase order. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Sella to comet nonconforming ar defective good by a date to be agree upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness an comply. me Purchaser may cause the work to be performd by he most expeditious .,.as available to it, and the Seller shall pay all casts associated] with all work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of my =tire resulting from the perfowame of such work. This release shall apply even in the event of fault or negligence of the party release and shall extend to the directors, Officers, and employees of such petty. The Seller's coatmetual obligation, including warranty, shall not be deemal to M reduced, in any way, became such work is performed or caused to be, performed by the Parchner. 14. PATENTS. Whenever me Seller is requiredwuse any design, device, mmenal or process covered by lever, now, trademark or copyright, de Seller shall indemnify and save hawlaa the Purchaser from any and all claims for infringement by rearm of me use of such ptenred daigq device, maternal or process in compcome win me ern vard. and shall indemnify the Purchaser fm any cost, expense or damage which it may he obliged to pay by mown ofsuch infringement at any time during the promadion or after the ..,lot. of me work. In ease said aryimum, or my par fereof or lire intended ase of the goods, is in such suit held to constitute infringement and me rise of said alumnae or pan is enjoined, me Sella shall, at its own expense and in its option, either procure for the Purchaser the right w continue using wid equrpmm or parts, repla« the come with substantially equal bur narunfringmg equipment, m must it an it becomes maninfringing. 15ANSOLVENCY. If the Seller shall become insolvent or barJrmpt, make an usucament for the benefit of c dinars, appoint n or tmsme for any of fe Seller property or business, this Older may faMwiuh be carrell by me Purcbsser wifam liability. 16. GOVERNING LAW. The definition of taws mall or f, interpretation afthe agreement and the rights of all pities hmunder shall be consumed under and governed by me laws of the State ofColomdo, USA. The following Additional Condition apply only in laws where the Seller is to perform work hereunder, including me services of Sellers Repm a mtive(s), on the premises ofmhers. It. SELLERS RESPONSIBILITY, The Sella shall carry on said work an SeIINs awn risk one the same is fully wrier letal cord accepted, and mall, in case of my sccidmt, destruction m injury to the work mNor nuteries before Seller's final completion and acceptance, complete rise work at Seller's own expense ad to the satisfaction of me producer. Whom materials and equipment . famished by others for installation or auction by dies Seller, the Seller sha11 mceive, musical, store and handle same at me site and become responsible therefor as though such materials and/or equipment worm be, fumishd by the Sella coder foe order. 18. INSURANCE The Seller shall, at his own expense, provide for the payment of workers compm anion, including mewpotiocal dismiss benefits, to its employees employed an or in connection with the work covered by this purchase order, mNm to me'u depended¢ in mwsdame win the laws of the state in which the work is an be done. The Sella shall also miry comprehensive general liability including. but car limited to, cantraaal and automobile public liability insurance with bodily injury and death limits of in lent S30LW0 for my we person, 5500,001) for my accident and rapidly, damage limit per accident of S400,000. The Seller shall likewise require his ommanss, if any, an provide for such compensation and insurance. Before my of the Seller or his convectors employees shall do say work upon fe premua of others, de Seller shall f ism foe Purchaser win a emificam mal such compensation and insurance have been provided. Such contester shall specify me date when such compensation and insurance have been provided. Such amifcarm shall specify the date when such compmwtion and insurance expires. The Seller agrees that such compensation and insurance shall he maintained until after me entire work is completed and accepted 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, lass or injury of my kind or mwre whatsoever to person or property caused by or resulting from the execution ofhe work provided far in this purchase order or in comectinn herewith. The Seller will indemnify and hold hawleas fe Purchaser and any r all of me Puahasm officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct err indirect, and whether to person or property to which the Purchaser may be put or subjew by reason of any act, action, neglect, omission or default on me pan of foe Seller, any of his contractors, or my of me Sellers or contactors officer, agents or employees. In rose any suit or other proceedings shall be brought against the Purchaxr, or its officers, agents in employees at my time on mcomt or by reamer of any act, action, neglect, omission or default of the Seller of any of his contractors or my of its or their officers, agents m employees as aforessid, the Seller herby agrees to asume the defense thermf and to defend me same at the Sellers own expense, to pay my and all carts, danger, arorneys fees and other expenses, my and all judgments that may be incurred by or obtained against me Paramour or any of its or thew officers, agents or employees in such suits or ether praceedings, and in case judgment or other lien be, dared! upon m obtained a,mrsB the pmped, of me Purchaser, a said panda in or a a molt of such suits or minor proceedings, to Seller will ar one muse me same to be dissolved and dischergal by giving bond or amer dse. The Sella add his conmaors shall take all to, precamims, funish well inmll all guard va., ( the prevention of accidents, comply win all laws and regulations with regard to saray including, but without limitation. the Occupational Safety mal Health Act of 1970 and all roles and regulation issued pursuant Bailout. Revised 07n014