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HomeMy WebLinkAbout533503 BREWTYME VENDING & COFFEE - PURCHASE ORDER - 3215068Fort Collins PURCHASE ORDER Date: 01/09/2015 Vendor: 533503 BREWTYME VENDING & COFFEE 2334 W 45TH ST LOVELAND CO 80538 PO Number Page 3215068 'eft This number must appear on all invoices, packing slips and labels. Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS CO 80524 Delivery Date: 01/08/2015 Buyer: Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2015 MISC 1 LOT LS 5,000.00 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 L COMMERCIALDETAIIS. Tax exemptions. By summ the Ciry of Fort Collins is exempt from sum rind local rain. Our Exemption Number is 11. NON WAIVER. 98-04502. Federal Excise Tax Exemption Cminad, of Registry 84-6000587 is eegiaered with the Collator of Italian, of the Purchaser to insist upon strict performance of tAe tams mad rondtss inohereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Raised Stems. 1973. Chapter 39-26,114 (a). exercise any rights or memories providal Meat or by law, failure m promptly notify the Seller in the event of a breach, the acceptance ofor Payment for goods hermnda or approval ofthe design, Shull not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to deform of any of the wroenti. of obligations Of Ws purchase order and shall not be, dinned is waiver of any right of the damage in transit, may be mounted to you for credit and are not to be replaced except upon racial of written Purchaser to insist upon strict Performance hereof or any of its rights or remedies in to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default beeunder, we shall any purported trial modification or racisoon of this pumune order by the Purchaser operate as a waiver of my of the terms Inspection. GOODS are subject f the City of Fort Collins irespecuon on arrival. Meof. Firul Acmpunce. Receipt of the merchandise, services or equipment in m,. a this order can r.Wt in 12. ASSIGNMENT OF ANTITRUST CLAIMS. malmraed paMae an the past of the City of Fort Collins. Ho., it is to be understood that FINAL Seller aW the Purchsser margnia But in iscrual economic peafiee, overcharges resulting from antitrust ACCEPTANCE ix dependent upon completion ofall applicable natural inspection procedures. violations one in fact home by the Purchaser. Theretofore, for good nine suit in consideration fat extending this purchase order, the Sella hereby sssigns to He Purchaser any and all claims it may nmw have or herea0er Freight Terms. Shipments most be F.O.B., City of Fort Collins. 900 Wood St., Fart Collins, CO 80522, anless acgmod under federal or state antitrust laws for such overehooges relating to Me particular goods or service otherwise specified on this order. Hparmasion is given to prepay freight and charge autono ely, the original freight purchased or acquired by the Purchssa pursuant W this purchase order. bill must mmmpany invoice. Additional charges for Packing will not be accepted. PURCHASERSPERFORMANCEOFS OBLIGATIONS. 1f ShipmentDistance.Me.Wheramanufadurtrs have various pain thedfrom country, gor defective Seller alerdiocorrect noerindimingor debilitygoodbya dategness to beply,meupon bythe t occom If the Pmcasadiremsthe deatimdon,adng excess freight de voice hat expected from the nearest distribution point to d.timtion, and excess freight will M dalund from Invoice when Purchaser and the Seller, and the Seller thereafr indicates ice inability or unwillingness to comply, the Purchaser a shipments are made from grates dismna. inhu may cause the work to be performed by the most expeditio. teems available a it, and th< Seller shall pay all casts assooiaMal with such work. Permits. Sella shall procure at sellers sole case all necessary, pemiirs, cerifat. and licenses required by all applicable laws, regulators, ordinances mW rules Of the sate, municipality, rtmmry or political subdivision where Me work is personnel, or raptured by my other duty mreaimted public authority, having jurisdiction over the work of vendor. Seller finder ogee. to Mid the Ciry of Fart Collins hannl.s from and Whist all liability and loss incurred by them by n of nn wuned or established violation of any such laws, mplatioru. Ordinances, roles and rtawrequirements. Amhommini All parries m this contract agree that the represenutivcs an. in fact. Mna fide and possess full and complete ouch city to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions sated herein ml fond and any supplementary or additional teens and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposal by sclla are objected a and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you ano.M make complete shipment to worse on your promised delivery dare. rural. Time is of the anam. Delivery and pert race mart M efeaed within the time stated on the purchase Omer and the dom men. attached hereto. No am, of the Purchasers including• without limitation, acceptance of partial lam deliveries, shall operate as a waiver of this pmwxron In the an of any &day, to Purchases shall have, in addition to other legal and equitable remedies, the option of placing this order eluwacrc and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due 1. causes nut reasonably foreseeable which arc beyond its reasonable contral and withon in fault of negligence, such acts of God, acts of civil or ought, authorities, govemmental priorities, fires, stakes, flood, epidemics, worn or rims provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge therm( In Me event army such delay, the date of delivery shall be extended for Met peril egcal to the lime a mW)y lost by reason of the delay. 3. WARRANTY. The Sell. warreaa fact all goods, onicles, materials and work mveral by Mass order will ..form with applicable drawings, specifications, samples anbm other descriptions given, will be fit for Me premiumms intended, and performed with Mae highest degree of are and appliance in accordance with accepted merchants for work of a similar mmre. The Seller egrtes to hold the purchaser harml.s from any loss, damage a expense which the Purchaser may suffer or incur on a . of the Sellers breach of warranty. The Seller shall replace, repair or make goad, without cost to the pumhaser, my defects or faults arising within one (1) year or within such longer period of time a may M prescribed by law Or by the terns of my applicable wantonly provided by the Seller Other the dam of acceptance Of the good finished hereunder (acceptance naf to be unreasonably delayed), resulting from imperfect or defective work done or materials fumishd by the Seller. Acceptance or use of goads by the Purebaser shall not corstimte a waiver of my claim under this wattonty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages Proximately caused by the breach of my of Me foregoing w.b. or guarantees, but such liability shall in an event inchade loss of profits or Ion of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES BJ LEGAL TERMS. The Purchmer may make changes to legal terns by wrnen change rimer 5. CHANGES W COMMERCIAL TERMS. The Pure scam may make may changes to the terms, rimer than leg] moms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or women change order. If any such change aft m Me amount due or the time of performance strand, on equitable adjustment shall M mode. 6. TERMINATIONS. The Purchmer may at any time by women change order, terminate this agreement as to any or all panions of the gads Men not shipped, subject to any equitable djmmnmt between the implies an to any work or materials then in progress provided that the Punctuator Mall vim M liable fir any claims for anficipaled profits on Me uncompleted portion Of the good andfor work, for iaidental m.ttsequential damages, cod Wet an such adjustment M mile in favor of the Sella wild respect to any good which are the Sellers student stock. No such termination shall relieve Me PumhaMer or Me Sella of any i ftheir obligations m to my good delivered hnemWn. T CLAIMS FOR ADJUSTMENT. Any dam for adjustment mast M asond within thins (30) days fmm the date Me change or lamination is indeed. 8. COMPLIANCE WITH LAW. The Sella warrants that all goods sold hereunder shall have been produced, sold, delivered and f ishal in strict compliance with all applicable laws and regulations or which to g.od are subject The Seller shall execute and deliver such decoments as may M required 1. effect or evidence compliame. All laws m& regulations eequieal 10 M incorporated in a,marents of His character are hereby incorporated herein by this reference. The Sella agree in indemnify and Mid Me Pumbaaes harmless from all cues and damages suffered by Me Professor as a result of Me Sellers fm'bmm to comply wiH such law. 9. ASSIGNMENT. Neither parry shall resign, transfer, or convey this Order, or my monies due at to become due hereander without Me prior wrinen consent ofthe other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to Me Purchaser for all equipment, nommuls, and items furnished in performance of this agreement, free and clear of any and all bens, resonators, resmatiom, security armed mcumbrmces and claims of admix. The Seller shall ml. the Purchaser and its appracson of my our form all liability and claims of my attune resulting fmm Mae performmtt of such work. This mlws, shall apply even in Me event of fault of negligence of Me perry released and shall extend to Me directors, officers and employers of smh party. The Sellers motmmml obligations, including warranty, shall not he damd W be reduced, in any way, because such work o performed or caused to M performed by the Purchaser. 14. PATENTS. Whenever the Seller is required On use any design, device, material or process covered by Icner, patent, trademark r copyright, the Seller shall indemnify and some Meatless the Purchaser from my and all claims for WRthgemmt by r.son of the use of such patmtd design, device, material or praxss in connection with the comma, and shall indemnify tat Purchases for any cost, expense or damage which it may M obliged a pay by mission ofsuch infringement at my time during the prosea rim or after the mmplaion of Me work. In .said .uhpment, or my Pont Hereof or Me intended use of the good, is in such suit held a.mtin m infringement and the use of said equipment a pan is enjoined, the Seller shall, at its awn expense and at its option, either procure for the Purchases the right to cominue using said equipment or perm, replace the one with substantially equal bur quainGnging equipment, or modify it m it becomes nrninfr oging. 15, INSOLVENCY. If the Sella shall become insolvent or baNempt, make an assignment for the benefit of customs, appoint a receiver or msme for any of the Sellers property or bowmen, this order may forthwith be canceled by the ases Purchwithout liability. 16. GOVERNING LAW. The def fora ofee. used Or the WterpreuMn ofdm agreement and the rights ofull pant. hereunder shall be c mmad ender and gmrnmd by Me laws of We Sum ofC.I.do, USA. The following Additional Conditions apply only in asses where the Sella n to perform work hereunda, including the services of Sdita RepresenutivIXs), ..Me premisn ofothers. 17, SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is illy completed and accepted, and shall, in a of any accident, destruction or injury to the work amber materials before Sellers ful completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchase, When materials and equipment arc fumishal by others for installation or erection by the Seller, We Sella shall receive, unload, store and handle scene at the site and become responsible therefor as though such materials mum equipment were being Interisland by the Seller under We rimer. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers.mpensation, including acupatioml disease beneMs. to its employees employed on or in connection with the work .veld by this purchase order, .Nora their dependents in accordance with fie laws of fhe stale W which Me wink is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, co mormal and automobile public liability insurance with bodily injury and death limits of at least 8300,000 for any one person, S500,000 for any one accident and property dvnage limit per accident of $400,00f The Seller shall likewise require his antracmrs, if my, to provide far such ampensmitrn and insurance. Before any of the Sellers or his mountains employees shall do my work upon the premises of others, the Seller shall famish the Purchma with a muffiate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and imuemm have Men provided. Such certificates shall specify din dam when such compensation and im mumse expires. The Seller agrees that such.mpemaion and insurance mall M maintained until after Me entire work is completed end acceptd M PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby aoum. the entire respomTility, and liability for my and all damage, loss m injury ofany kind r nature whatsoever to persons or propeon,.used by or resulting from Me execution ofthe work provided for W this purcam order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and my r all of Me Purchasers officers, age sta and employees from and against any and all claims, losses, damages, charges Or expenses, whether direct or indirect, and whether to persons or property to which the Puchmer may M put or subject by reason Of any act, action, neglect, omission or default on Me pan of the Seller any of his .matters, or any of Me Sellers Mr amounts officers, agents or employees. In eau any suit in other puseadop shall M brought against Me Purchaser, or its officers, agents or employees at my time on account or by reason of my act, action, neglect, omission or default of Me Sella of any of his contactors or my of in or Heir officers, agents or employces as aforesaid, Me Sella hereby agrees to assume Me defame thereof and f defend the some of the Sellers owe expose, to pay my and all costs, chargq attorneys fors and other expenses, my and all judgments that may M incurred by or abmiad against the Purchaser or my of its or dome officers, agents or employees in such suits or other proccalings, aW in case judgment or other Jim M placed upon or Obtained against Me property of the purchaser, ar said Faris N or as a result of such suits or trMer proceedings, Me Sella will at once cause Me rime is M dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precaution, famish and install all guard nmesury for He provmtion of accidents, comply with all laws and regulations with regain to safety including, but without limitation, Me Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant thereto. Revisal OM014