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HomeMy WebLinkAbout446453 PRINT IT LLC - PURCHASE ORDER - 3215082Fort Collins Date: 01/0912015 Vendor: 446453 PRINT IT LLC 154 W MOUNTAIN AVE FORT COLLINS CO 80524 PURCHASE ORDER PO Number Page 3215082 10f2 This number must appear on all invoices, packing sli s 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 r 2015 MISC SUPPLIES 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 f�l[i>tl�IF9 1.YdO[d0 Total $500.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Page 2 of 2 1. COMMERCIAL DETAILS. Tax cxcmpnons. By Statute the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Cmificam of Registry 84-6000587 is mgincred with the Collector of Imemal Revenue, Denver, Colorado (Ref. Colorado Revised Saguia 1973, Chapter 39-26, 114led. Goads Rejected. GOODS REJECTED due b failure to meet specifications, either when shipped or due m defects of damage in transit, may be returned to you for credit and am not to be replaced except upon receipt of written instructions from the City of Fort Coll im. Inspection. GOODS are subject to the City of Fort Collins impection on arrival. Final Acceptance Rampt of the merchandise, savoces m equipment in response to this order an result is authorized payments an the pan of the City of Fan Collins. However, it is to b, urdasmod that FINAL ACCEPTANCE is dependent upon rsmpletion of all applicable required inspection procedures. Freight Terms. Shipments must be ROD., City of Fort Collim, 7W Woad St., Fan Collins, CO 80522, unless otherwise specified on this order. If portnission is given m prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges for pecking will not be accepted. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected from the nearest distribution Point to destination, and excess freight will be deducted from Invoice when shipments are made from grain distance. Permits. Sella shall procure at sellers sole not all in ecsary permits, cenifiata and licenses required by all applicable laws, regulation, oNinanar and roles of the state, municipality, territory or political subdivision where he work is performed, or requite by any outer duly consumtal public maturity, fiviogjuriakicti.n over the work of vendor. Seller fuller agrees to hold the City of Fort Collim hmmless flown and against all liability and lass ncuned by teem by reason of an asserted or established violation of any such laws, regdowerss, ondirancea, rules and meditations. Authorization. All parries to this contract agree that me mprea latives arc, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to Be terms and conditions sailed hemin set form and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by caller are objected to and hereby related. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your Promised delivery date res rated. Time is of the essence. Delivery and performance most be effected within the time stated as Be purchase order and the documents attached hereto. No acts of me Patchucrs including. without limitation, acceptance ofputial late deliveries, shall airman as a waiver of this provision. In the event ofany delay, the Purchaser shall have, in addition to rimer legal and tyraitable remedies, the option of placing this under elsewhere and holding the Seller liable for damages. However the Seller shill not be liable far damages as a result of delays due to causes not reasonably foresesuble which are beyond its reasonable control and without its fault of negligence, Such acts of God, acts ofcivil or military ewh cries, govemmrnml priorities, fires, strikes, flood. epidemics, wars or riots provided that notice of the conditions causing such delay is given an the Purchaser within five (5) days of the time what the Seller fait received knowledge thereof. In the went of any such delay, the date of delivery shall M extended for the period equal d the time actually lost by reason of Be delay. 3. WARRANTY. The Sella warrens that all good, articles, rnmerials and wok covered by this maker will conform with ,,liable drawings, Specifications, Samples ardor other descriptions given, will he fit fro me purposes intended, and performed with the highest degree of are and competence in accordance who accepted nandrds for wok of a similar attire. The Sella agrees to hold the purchaser barmleas from any Ims, damage or expense which the Pmchuer may suRer or incur on account of the Sellers bench of warranty The Sella shall replace, repair or make goad, without cost to the pumluxr, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by Be terns of any applicable wnnamy provided by the Seller after me date of acceptance of the good fumishcd hereunder (acceptance not to be unreasonably delayed), resulting from Imperfect or defective work done or materials famished by the Seller. Acceptance or use of good by the Purchaser shall not onstimte a waiver of my claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by She, breach of my of the foregoing warranties or guarantees, but such liability shall in no event include loss ofpmfits or loss of me NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal teats by women change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terns, other than legal terms, including additions to or deletions from the gmmitics originally ordered in the specifications or drawings, by cabal or written change order. If any such change uRecs the amount due or the time ufmarmarnamen hereunder, ran equitable adjustment Shall be made. 6. TERMINATIONS. The Purchnsn may at any time by written change adtt, terminate his egmmew as to any or all ponime of the good hen not shipped, subject to any equiable adjustmat between the panics as to any work or mmerids then in progress provided Out the Purchaser shall not he liable far any claims for anticipated profits on the mwotnpleted ,man of the &ands candor work, for incidental or contaminated damages, and that no such adjustment be made in Ovor of the Sella with respect to any goods which are he Sellers m ndah stock. No such termination shall relieve She Purchaser or me Sella ofany ofthc'r obligations as to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must ha asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants Oust all good sold hereunder shall haw been produced, said, delivered and furnished in strict compliance with all applicable laws art, regulations to which the good are subject. The Sella shall execute and deliver such documents as may be required m effect or evidence compliance. All laws and regulations requiredto be incorporated in agreement, of this character are hereby incorporated herein by this reference. The Sella agrees to indemnify and hold she Purchaser hammlas fmm all cost and damages Surfaced by the Purchaser as a mutt ofine Sellers failure to comply with such Law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without Be poor wdnea consent of me other party. 10. TITLE. The Seller warrants full, dam and tuucemened title to me Purchase, for all equipmmt materials, and items famished in perfommance of this e,,c.t, free all clear of any and all liens, mwtriaioos, reservations, security imement encumbrances it caims of others. I L NONWAIVER. Failure of the Porchsstt m insist upon strict performance, of the terms and conditions haeof failme or delay to My rights or remedies provided herein or by law, failum to promptly notify the Sella in Be event of a breach, the azc.pt.c of or payment for goods hereunder or approval of the design, shall not release Be Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the particular to insist upon strict performance hereofor any of its rights or remedies as to any such goods, regardless or when shipped, received err accepted, as to any poor or subsequent default hereunder, nor shall any purposted oral modification or rescission of this purchase order by the furchnsa operate as a waiver of any of the semis href. IL ASSIGNMENT OF ANTITRUST CLAIMS. Seller and fie Purchaser raw nize Oat in actal economic practice, overcharge resulting from antitrust violations are in fact home by Ore Purchsser. Theretofore. for good ands, areal az consideration for executing Orin purchase oaks, the Seller hereby assigns be the Purchaser any and all claims it may now have or hereafer acquired under federal or state amiomt Laws far such overcharges relating to me particular goods or services purchased or acquired by the purchaser pursusnr to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Pannone, and the Sella, end me Seller mereaftes indicates its inability w unwillingness to comply, the Pumhasa may cause the work to be performed by me most expeditious means available to it, and the Seller shall pay all casts aa«i. ed wins such woh. The Seller shall release der Position end its contractors of my tier from all liability and claims of my co ture resulting room the Performance tfsuch work. This release shall apply men in the event of fuel, of negligence of the parry released and shall extend to the directors, officers and employees of such party. The Seller's contractual obligations, including warranty, shall not be domed to be reduced, in my way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is ma ired in use any design, device, mutenal or process covered by letter, patent, trademark or copyright, the Sella shall indemnify and save handless the Purchaser fmm any and all claims for infringement by rearm of me use of such patented design, devim, material or process in connection with the contract, and shall'udemnify the Purehssa for any cost earnest, or damage which it may be obliged to pay by mount of such infringement at any time during the prosecution or after the completion of the wok. In case mid equipment, or any pan memf on the intruded use of the good, is in such suit held sec cousdte infnngamnt and the ase of Said equipment err pan is enjoined, me Sella shall, at its own .,. and an its option, either procure far the Purchaser the right to continue using said aquipmern or pans, replace the same with Substantially w3a1 bur nommoinging apartment, or modify it so it becomes noninflnging. 15. INSOLVENCY. If me Seller shall become insolvent or bankmpt, make an assignment for the benefit of nations, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by me Pmchuser without liability. 16. GOVERNING LAW. The defnitiom i ftems used or me inserpwation arrive agreement and me rights of all panic hereunder shall fie, comtmed rimer all governed by tha Laws tribe Sute of Colorado, USA. The following Additional Conditions apply only in noses where the Seller is an perform woh hereunder, including the se v act of Sellers Represenutive(s), on the premises of others. 19. SELLERS RESPONSIBILITY. The Seller Shall any, on Said work at Sales own risk until the same is fully completed and accepted, end shall, in se of any accident, destaction or injury to the work and/or materials before Seller's final completion and acceptance, complete me work at Seller's own expense and to he satisfaction of me Purchaser. When mteoals and eliminator are furnished by others for installation or nation by the Sella, the Sella shall receive, unload since and handle same at me site and become responsible therefor as though such materials and/or equipment were being furnished by me Seller under me when. I S. INSURANCE. The Seller shall, at has own expense, Provide for the payment of workers ampere Lion, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, candor to their dependents in accordance with tha laws of the state in which me work is to be done The Sella shall also any, comprehensive general liability including, but not limited on, contractual and automobile public liability incumnce with bmlily injury and death limits of at least $300,000 for any one person, 5500,000 far any one accident and property damage limit per accident of $400,000. The Seller shall likewise wagon, his contractors, if any, to provide fir such compensation unit insurance. Before any of the Sellers or his contractors employees shall der any work upon the premises of others, the Seller shall burnish the Purchaser with a certificate that such compensation and insurance have been provided. Such carlificates shall specify the date when such compensation and insurance have been provided. Such cenifates shall specify the date when such compensation all insurance expires. The Sella agrees that such compensation and inumnce shall be maintained until after the same work is completed all accepted 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumo the entire responsibility and liability fro any and all damage, lass or injury ofany kind or ruwe whatsoever as persam or property arced by or resulting fmm the execution ofine work provided for in this purchase order or in connection herewith. The Sella will indemnify and hold hamdcas the Purchaser and any r all of me Purchasers officers, agents and employees fmm and against any 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 mson of any act, radon, neglect. emission or default on the pan of the Seller, any of his contrators, or any of the Sellers or contractors officers, agents or employees. In case any suit or other Preventings shall be brought against the fumhasa, or its officers, agars or employees at any time on account or by mason of any act, action, neglect, omission or default of d¢ Sella of my of his contractors or my of its or their once s, ,,an or employees as aforesaid, the Sella hereby agrees to assume he defense themf and m defend the same at the Sellers own eapeow, to pay any and all costs, charges, attorneys fees all other expenses, any and all judgments that may be immoral by or abound against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be, placed upon or .blamed against She property of he Purchases, or aid parties in or as a result of such .its or other proceedings, the Sella will at onw a. the same to be dissolved and discharged by giving bond w oherw ex. The Seller and his contractors shall take all Safety precautions, furnish and imull all guards necessary for me prevention of accidents, comply with all laws and regulations with regard to Safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rates and regulations issued pursuant drawn. Revised 07Q014