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HomeMy WebLinkAbout103096 DIAMON VOGEL PAINT CENTER - PURCHASE ORDER - 3215092Fort Collins Date: 01/09/2015 PURCHASE ORDER Vendor: 103096 DIAMOND VOGEL PAINT CENTER PO BOX 16388 DENVER CO 80216-0388 Delivery Date: 01/09/2015 .L:R; PO Number Page 3215092 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: TRAFFIC OPERATIONS CITY OF FORT COLLINS 626 LINDEN STREET FORT COLLINS CO 80524 Line Description Quantity UOM Unit Price Extended Ordered Price Paint Supplies 1 LOT LS 5,000.00 I Annual 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.wm it 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. COMMERCIAL DETAILS. Tax excmpnoa. By mimic the City of Fen Colima is exempt from sure must local taxes. Our Exemption Number is I I. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 h regisr d with the Collector of Failure of the Purchaser to insist upon most performance of the terms and conditions hemo . failure or delay to lntemal Revenue, Drover, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a), amosise any rights or remedies provided herein or by law, failure in promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller of Goods R jested. GOODS REJECTED due in failure to meet spaci locations, either when shipped or due a defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be remotest to you fur smdftt and are not to be replaced except upon receipt of written Purchaser to insist upon suet performance hereof or any of its rights or remedies ss to any such goods, regardless monotones from the City of Too Collins. of when shipped, received or accepted, as to any prior or subsquent default hereunder, we shall any puryoned Omi modification m ran.m. of this purchase order by the Purchaser operate as a waiver of any Of the maraca Inspection. GOODS are subject Or the City of Fon Collins inspection on srival. hereof. Final Acceptance. Receipt of the merhambse, sasses or equipment in .1. to this order an root in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment w the pan of the City of Fort Collin. However, it is to be understood that FINAL Seller and the Purchaser recognize Out in actual a is practice, overcharges mantbtg from antionestt ACCEPTANCE is dependent upon completion ofall applicable required inspection pmecdures. violatioarc in fact hoe by the Purchaser. Theretofore,fm geed cause and ss wnideretion fur executing this ns m purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Ford Collins, 700 Wood St., For Collins, CO 80522, unless acquired under Judicial or state antitrust laws for such overcharges relating to the particular goods or services Otherwise specified oa this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accnmoonv invoice. Additional charges far Parkins will not be accepted. Shipment Distwce. Where manufacturers have distributing points in vanoas pans of the country, shipment is expected from the Hearst distribution Point to destination, and excess freight will be deducted from Invoice when shipments are rode faro grater dismce. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable has, regulation, imifi es and ales of the state, municipality, turnery or political subdivision where the work is performed, or required by any other duly constrained public authority berviagymisdiction over the work of vendor. Seller fuller agrees to hold the City of Fon Collins harmless firm and almost all lisbility and loss incurred by them by reason Of an seemed or established violation of any such laws, regulation, ordinances, ales and requiremenrs. Authonmtim, All parties to this contract agree that the representatives are, in fact, bona fide and possess full end complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the temp and conditions armed herein set Torah and any supplementary or additional terms and conditions annexed harem or incoryamted herein by mfi mace. Any additional or different terms and condltiom proposed by seller are objected to and hereby o jecned. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou wanon make complete sbipment to srive on your Promised delivery date as noted. Time is of the asetxc. Delivery and perM mwO, most be effected within the time eared on the purchase order and the documents mochd hero. No acts of the Pumbaers including, without limitation, acceptance of padial late deliveries, shall operate as a waiver ii this provision. 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 not be liable for damages res a result Of delays due to causes not reasonably foresu mble which are beyond its reasonable control and without its fault of negligence, such acts ofGod, acts of civil or military authorities, govemmental pdodries,fares. strikes, Rood, epidemics, wars or nets provided Oat afire of the conditions cawing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thamf. In the event or any such dehy, the date of delivery shall Ire extended for the period equal or the time actually lest by rtawn of the delay. 3. WARRANFY. The Seller wamnts that all goods, articles, materials and woke covered by this order will confirm with applicable drawings, specifications, sample and/or other descriptions given, will Inn fit for the puryam intended, and performed with the highest degree of care and competence in accordance with uccepid standards for woke of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or cape. which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost o the purchaser, my defects or faulty arising within one (1) year or within such longer period of time as may be prescribed by law or by the terns of my applicable summary provided by the Seller after the data of acceptance of the goods famished hereunder (acceptance Out to be unrtamnably ddayd), resulting from imperfect or defective work done or materials Roasted by the Seller. Acceptance or can of goods by the Purchaser shall our contimte a waiver of any claim under this warranty. Except ss mherrsise provided in this purchase order, the Sella liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing warrenries or gumantees, 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 changes W legal terms by comer change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terns, other than legal terns, including addition to or deletion from Me quantities originally ordered in the specifications or drawings, by vemed or women change order. If any such f ts ti change rifthe amount due or the me of perfomance haruorndn, equitable adjatment shall be made. 6.TERMWATIONS. lbe Purchaser may or any time by modem change order, tcrminum this agreement as to any or all portions of the goods then and shipped, subject to any equitable adjustment between the pro iw as to any work or material then in progress provided that the Purchaser shall not W liable for my claims for anticipated profits on the uncompleted portion of the goods an&or work, for incidental or consequential damages, and that no such adjustment Ise made in favor of the Seller with respect to any goods which me the Sellers standard sack. No such lamination shall relieve the Purchaser or the Sella of any oftheir obligations as to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must he canceled within thin, (30) dap from the date the change or tarmitutim is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all gods mid hereunder shall hava been produced. sold, delivered and famishd in strict ompllnce will, all applicable laws and regulations no which the goods are subject, The Seller shall recite and deliver such documords as nay be required to effect or evidence compliance. All laws and regulations required to be noomrmted in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and held the Purchaser humid. from all costs and damages suffered by the Purchaser his a raull of the Sellers failure a comply with such law. 9. ASSIGNMENT. Neither party shot major, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent ofthe other party. 10. TITLE. The Seller warms col, clear and umauicnd title a Ore Purchaser for all equipment andu rial, and it. famished in perform . of this agreement, free and class of any and all liens, rsrictio n, summiaa, saveiry interest encumbrances and claims of.lh 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 Purchaser and the Seller, and the Seller thereafter indicates its stability or unwillingness in comply, the Purchaser may cause tha work an be pedormd by the most expedition means available to it, and the Seller shall pay all Owes sssrciated with such work. The Seller shall release the Freebooter and its con meat ra of any tier form all liability and claims of any nmune resulting fmm the Performance of such work. This release shall apply even in the event of fault of negligence of me parry released and shall extend to the directors, oficen and employees of such party. The Sellers commcmal obligations, including warranty, 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 Seller is requited to use any design, device, material or pmcass covered by Imer, patent, trademark r copyright, the Seller shall indemnify ad rove harmless the Purchaser fmm any and of claims fur ininagamenr by reason of the ere of such parented design, device, material Or provess in connection want me coun t, and shall indemnify the Parch der rot any cost, expense at damage which it may be obliged to pay by reason of such infringement at any rime durwg the prostmann. or after the completion of the work. In ran said rqi ipmrnt, or any pan thereof or the intended use of the goods, is in such .it held an caatimm oungcment and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue wing said equipment or parts, replace the same with substantially equal but noninfnnging equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Sella shall become banterer or bacr mpt, make an oxsigrunnt for the benefit of crdimrs, appoint a or bask! for my of the Sellers property or bwiness, this order may foMwith be canceled by the Purchaser mdom liability. 16. GOVERNING LAW. The definition ofums used or the imerpreurim of the agreement and she rights of all ponies hereunder shall be construed under and governed by the laws ofhe Sure of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Sellers Representativc(sk on the premises of others. 17. SELLERS RESPONSIBILITY. The Sell. shall tarty an said work at Sellers own risk until the same is fully completed and accepted, and shall, in case of my aackm4 destruction or injury or the work and/or mmenals before Sellers foal completion and acceptance, complete tha work at Sellers own expensive and in me satisfaction of the Purehaer. When naturals and equipment are bombed by when; for intallhown Or ertetim by the Seller, the Seller shall receive, mload, snort and handle same d the site and become rapoaible therefor as though such malerias and/or quipment were being famished by the Seller seder the order. I S. MSURANCE. The Seller shall, in his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or to their deponde r, in accordance with the laws of the mute in which the work is to be done. The Seller shall also carry comprehensive general liability includin& but not limited a, contractual and amomobile public liability imumm'e with boaddy mixty and &am limits of an least $300,000 for very one persaL 550g00n for any one accident and property damage limit per accident of S400,000. The Seller shall likewise Mum his contractors, if my, as perm de for such rompermtion and iresci Before any of the Sellers err his emrmetar employees shall do any work upon the premises of others, the Sella shall Miami the Purchaser with a certificate Nat such comperewtioa and insurance have been provided. Such avocificata shall specify We date when such compensation and insurance have been provided. Such certificana shall specify the date when such compensation 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 Seller Jamb, assumes be entire nopmefl tiny and liability for any and all danmgq loss Or injury of any kind r nature whatsoever a persons or property caused by or resulting from the execution of the work provided for in this purchase order or in coanatiw herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Purchaser officers, agents and employees fmm and against any and all claims, losses, damages, charges or expenses, whether direct or idinct, and whether to persam or property to which the Purchaser may be put or subject by reason of any ac4 action, neglect, omission Or default m the pan of the Seller, my of hh contractors, or my of the Sellers or contractor oiBcm, agents or employees. In ram my suit Or order proceedings shall be brought against the Purchaser, or its officers, agents Or employees in my time no account or by reason of my act, actio4 neglect, omission or default of the Seller of my of his contmewas or my of its or their oRcm, agents or employees as aforesaid, the Seller hereby agrees to assume the defeme theeof and to defend the same m the Sella own expeac, as pay any and ell cats, charges, attorneys fees and other expemes, my and all judgments Out may be incurred by or obtained against the Purchaser or any of its or Nair officers, agents or employees in such suits or .,her proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or mid parties in or as a result of such suits or other proccedjngs, Me Seller will in once cause the same as be dissolved and discharged by giving bond or othetwOo. The Seller and his contractors shall sake all safety procaution, furnish and install all guards ttec<ssmy for the prevention of accidents, comply with all laws and negotiators wish regard to safety including, but wjshom limitimm, One Occupational Safety and Health Act of 1970 and of ales and ragulmion issued ptusrmt Memo. Revised 07Q014