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HomeMy WebLinkAbout312791 DAY WEATHER INC - PURCHASE ORDER - 3215087Fort Collins Date: 01/09/2015 Vendor: 312791 DAY WEATHER INC PO BOX 2269 CHEYENNE WY 82003 PURCHASE ORDER PO Number Page 3215087 1of2 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 1 2015 CONTRACTUAL 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 LS Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 y'm'fmi6��7'ttI�L}Sllif TiF� Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collin is exempt fmm some and local taxes. Our Exemption Number is I L NONWAIVER. 98-04502. FWefal Excise Tax Exemption Certificate of Registry 8445OW587 is regi mmid with the Collator of Failure of the Purchaser to most upon strict peffonnance of the temts and mMiriom hereof, faihue or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Stam es t973. Chapter 39-26, 114 (a). eaeraw any rights or remedies provided herein or by law, failare to promptly ratify Me Seller in the event of a breach, the wermana of or payment for goods hereunder or approval ofNe design, shall out release the Seller of Goods Rejected. GOODS REJECTED due as failure to mttr specification, eiNa when shipped or due as defect of any of the warranties or obligations of this purchase order and shall not he deemed a waver of any right of the damage in transit, may be trimmed to you for credit and arc not to be ¢placed except upon receipt of wrinen purchaser a insist upon after perfomance hereof or any of it rights or remedies as many such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or nnission of this purchase order by the Purchaser operate as a waiver of any of the temu Inspection. GOODS we subject o the City of Fort Collins inspection on wrival. hereof. Final Acceptance. Receipt of the merchandise, savices or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorised loiterer on the part of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchner orognim that in aural wonomic practice, overcharges resulting from antitrust ACCEPTANCE is de midem upon. completion ofall applicable required inspection procedure, violation we in fact borne by the Purchaser. Theretofore, for goad cause and as consideration for examing this purchase order, the Sella hereby assign to the Purchaser any and dl claims it may now have or hertalter Freight Term. Shipments must he FOR., City of Fort Collins, 700 Wood Sr., Fan Collin, CO $0522, unless acquired under fedeml or state antitrust laws for such overcharges relating m the, Particular goods or serviar otherwise specified m this order. If permission as given to prepay freight wall charge separately, the origintl freight purchased or acquired by the Purchaser Fursumt m this Toulouse oars. bill must warrantor invo a. Additional chances; for Parking will not be, wapuLL Shipment Distance. Where minufacmms have chambering points in various pans of the country, shipment is expected firm the nearest distribution paint b destination, and excess Molitor will be deducted from Invoice when shipment arc made fmm greater distance. Permit. Seller shall procure at sellers sole cost all necawry permit, ecaificates end licenses required by all applicable laws, regulation, ordinances and rules 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 faaher agrees to hold the City of Fart Collins harmless from and against all liability and loss inew-fid by them by reason of an asserted or established violation of any such laws, regulations, ordinances, roles and requirement. Aulhorimtion. All parties to this contract agree that the representatives are, in fact, bow fide and possess full and complete authority to bind said parries. LIMITATION OF TERMS. This Purchase Order expressly limits waTionsr b the teat and condition sated herein set foM and arty supplementary or adishu real it. and condaiom annexed hereto or incorporated haram by reference. Any additional or Lift lin. and rarditioa pmpned by seller ere otwind nicad herebymjecard 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyor cannot rake complete shipment to arrive on year promised delivery date as noted. Time is of the essence. Delivery and pam mane most he effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchusers including, without limitation, acceptance of portal late deliveries, shall operate as a waiver ofthis prevision, In the event of any delay, the Purchaser 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 or be liable far damages as a result of delays due to causes not reasonably foreseeable which are beyond its rcasemble control and without its fault of negligence, such asks of Cod, was of civil or military authorities, governmental priorities, fires, strikes, Barad, epidemics, wars or hots provided that notice of the conditions causing such delay is given to the Purchaser within for (5) days of the time when the Sella fast received knowledge thereof, In Me event of any such delay, the dare of delivery shall be extended for the period equal m me fore actually last by reason ofthe delay. 3. WARRANTY. The Seller warrant Mal all goods, micles, mmemis and work avaai by this order will coofom with applicable drawings, specification, samples andror other description giver, will be fit for Nc purposes infected, and performed with the highest degree of care and compereae or amaaae with warmal staMuds for work of a similar ware. The Seller agrees to hold The purchaser bamless been any loss, damage or expense which the Purehnser may sufferer incur an arount ofNe Sella breach of mammy. The Seller shall captain. news ir or make good, without cost to Ne purchaser, any defects or faults arising within one U) year or within such longer period of time as may be prescribed by law or by the man of my applicable warranty provided by Me Sella after the date of acceptance of Me goods frmished hereunder (acceptance not to be unrmsearably delayed), resulting from imperfect or defective work done or mammals banished by the Seller. Acceptance or use of goods by The Purchaser shall not institute a waiver of any claim under this womanly. Except as mtherwise provided in this purchase order, the Sellers liabil Ily hereunder shall extend to all damages proximately caused by Me breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make charges to legal terms by womor change order. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tents, other than legal teat, including ndditiory to or deletions, from Me quantities originally ordered in the speariessom or drawings, by vabal m wdnan change under. If any such change affect to amount due or the time ef,erf ante hereunder, tin equitable adjusammr shall he made. 6. TERMINATIONS. The Pamhncr may at any time by wdnen change order, terminate this agreement as to any or col poai.n 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 Purchner shall or be liable for tiny claims for sawipaard prefix oa the uncompleted portion of the goods and/or work, for incidental or consequential damages, end that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers woodland stock. No such termination shall relieve the Purchaser or the Seller ofany affair obligations as to any good delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for Miratmar rant be named within tin, (30) days seam Me date the change or termination is ordered. g. COMPLIANCE WITH LAW. The Seller warrant that all good sold banned. ed. shall For been produced, sold, delivered and fumishW in sleet compliance with all applicable laws and regulation to which Ne goods are subject. The Sella shall execute and deliver such document n may he required as affect or evidence compli mine. All laws and regulation required to he incorporated in agreement of this character are hereby incorporated herein by tis reference. The Sella agrees to indemnify and hold the Purchaser harmless from all cost and damages suffered by to Purchaser as a result of the Sellers failure no comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this r aer, or my monies due a m became due hereunder without Ne prior wrinea cement of the other party. UITITLE. The Seller wammt full, clear equal muestiaed title m the Purchssa for all cormorant, materials, and items famished in performance of this agreeveen, fire, end clear of my and all liens, resuie ism, reservations, savory interest caumowni aM claims ofotleers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifte Purchaser direct the Seller to comet nonconforming or defective goods by a date in be agreed upon by the purchow, and the Seller and the Sella thereafter indicates it inability car unwillingness to comply, the Purchmer may cause the work to be performed by the most expeditious meaty available to i. and Me Seller shall pay all costs assaiated with such work. The Seller shall release the Purchaser and it contractors of any tier from all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, officer, and employees ofsuch patty. The Sellers conrrretual obligatiom, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by thin Purchaser. 14. PATENTS. Whenever the Sella is required an use my daiga, device, ma nial m Process covered by leant, paten. trzdemah r copyright, Me Seller shall indemmify and save baml¢s the Purchases form any and all claims for infringement by ream. of to ase of such patented daigo, device, normal to pmress in connection welt the cantors, and shall indemnify the Purchaser for any, cost, cxpeme or damage which it may be obliged to pay by ream of such infringement at any time during Me provocation or after the completion of to work. In case said equipment, or any pat thereof in the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or part is enjoined, the Seller shall, ar its own expense end at it option, either procure for the Purchaser the night to continue using said equipment or pans, replace the same with substantially equal but noniafringing equipment, or modify it au it becomes mainfringing. 15. INSOLVENCY. If to Seller shall become insolvent or bankrupt, make an assignment for the benefit of credimrs, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Fmchtm without liability. 16. GOVERNING LAW. The definitions of t. used or the wterman oar ofthe a®cement and tine nights of all panic bereuMa and be remained under and governed by Me laws ofthe State ofColomdo, USA. The following Additional Conditions apply only in apes where the Sella u to perform work hereunder, including Me services of Sellers Rroam mrive(s), an The p wwwas nfothera 17. SELLERS RESPONSIBILITY. The Sella shall tarty on said work err Sellers owv risk until Me same is fully completed and accepted, and shall, fir e of any accident, destruction or injury to Me work and/or materials before Sellers Mal completion and acceptance, complete the work at Sellers awn expense and to the satisfaction of Me Ptmhow When materials and equipment are famished by others for intallaws. or marine by the Sella, the Seller shall receive, unload, score and handle same st the sin and become responsible therefor as Mouth such materials and/or equipment were being famished by the Sella under the order. 18. INSURANCE. The Seller shall, at his awn expense, provide for the payment of workers comperemion, including acupatiowl disease benefits, to its employees employed on or in connection wit Me work covered by this purchase order, maker to their dependent in amaance wit the laws of the snare in which the work is to be done. The Sella shall also carry comprthemive general liability including, bur not limited m, conaama and automobile public liability wounnce with bodily injury rid dorm timit of a least $3W," for any arc person, 5500,000 for any ow accident and psopeny damage limit per accident of 5400,000. The Sella shall likewise require his contrarian, if tiny, to provide for such compensation aM insurance. Before any of Me Sellers or his contactors employees shall do any, work upon Ne premises of others, the Seller shall famish Ne Purchuser with a certificate that such compemalion and insurance have been provided. Such craifcalas shall specfy Me date when such mpmwtion and iasumrce have been provided. Such certificates shall specify the date when such compenntlon and insurance expires, the Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby waraws the entire responsibility and liability for any end all damag, loss an injury army kind or arum whosoever to person or property carted by or resulting from Me execution of the work provided for in this purchase order or is compltion bercwit. The Sella will indemnify sad hold harmless the Purchner eM any or all of the Purchasers affairs, agent and employees from and elision any and all claims, losses, damages, changes or expenses, whether direct or indirect, cad wtherein to person in propmy, m which the Purchaser easy be put or wit by reason of any on, action, glen, omission or default on the For of Ne Seller, any of has comrators, or any of to Sellers or contractors officers, agents or employees. In rase my suit or other proceedings shall be brought agaiusr Ne Purchaser, or it olf re s, agents or employees an my time can aoomf or by reason of my at, action, nrglecl, omission or default of the Sella of my of has rwwwors or my of its or Mbar officers, agents or employees as aforesaid, the Sella hereby agrees to assume the defense thereof and to defend to same a Me Sellers own cxpeme, to pay my and all cost, charges, moneys fats sal outer expenses, any and dl judgments that may be acurnal by or obtained pown Ne Purchase or my of its or their oRcm, agent or employees in such suit or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchasa, or said panics in or o a result of such suit or other proceedings, the Seller will at once cause the same m he dissolved and discharged by giving bond or otherwise. The Seller and his contactors shall take all safety procation, famish and intall all guards paessary for the prevention of incident, comply with all laws and regulations with regard to safety including, but without limitations. the Occupational Safety and HeslthAct of L970 and all roles as regulations issued ptusuant themo. Revised O1Q014