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HomeMy WebLinkAbout110879 QUALITY BOOKS INC - PURCHASE ORDER - 3215134Fort Collins Date: 01/09/2015 Vendor: 110879 QUALITY BOOKS INC 1003 W PINES RD OREGON IL 61061-9599 PO Number Page 3215134 1of2 This number must appear on all invoices, packing slips and labels. Ship To: PROCESSING CENTER FORT COLLINS PUBLIC LIBRARY 256 W. MOUNTAIN AVENUE FORT COLLINS CO 80521-2711 Delivery Date: 01/09/2015 Buver: ED BONNETTE 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 i 2015 ANNUAL ORDER FOR 1 LOT LS 30,000.00 GOODS & SERVICES 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:pumhasing@fogov.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 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Pon Collins is exempt fmm state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Catificam of Registry 84�6000587 is registered with the Collector of Failure of he Purchawr w insist upon met performance of the tame. and conditions bereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Somalia1973, Chapter 39 26. 114 (a). exemise any rights or remedies provided hereon or by law, failure to promptly notify the Seller in me event of a branch, the sustenance of or payment for goods fam under or approval of the design, shall not release the Seller of Goods Rejected, GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of my of the warranties or obligations of this purchase order and shall not be deemed 0 waiver of any right of the damage m tmail may be retuned to you for credit and arc not to be replaced except upon receipt of women lumlwser to insist upon strict performance hereof or my of its rights or remedies ss to my 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 Parisi oral modification or rescission of this purchase order by the Purchaser claims, as a waiver of any of de, terms Inapedion. GOODS are subject m the City of Fort Callim inspection on animal hacaf. Final A.epsmre. Rmeipt of the merchandise, services or equipment in rapanse to this order can result in 12. ASSIGNMENFOFANfITRUSTCLAIMS. authorized paymean on she pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the purchaser recognize thus in ecmal economic prachim, overcharge rtsdlaag from It., ACCEPTANCE a dependent upon completion ofall applicable required inspection pmceduces. violations ere in fast home by the Prumhaur. The¢mfore, fan good cause sed no consideration for existing this purchase order, the Seller hereby assign to the Purchaser my and all claims it may now have or her after Freight Terms. Shipments must be F.O.B., City of Fort Collin, pod Wood SL, Fort Collins, CO 80522. it. acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this Omer. If pcmuission is given to prepay freight and charge upaure] , the anginal freight purchased or acquired by the Purehasa pursuant to this purchase order. bill must aceommov invoice. Additional chama for packing will not be accepted. Shipment Distance. More manufacturers have distributing points in various pans of the country, shipment is expected from the nearest distribution point to damention, and excess freight will be deducted from Invoice when shipments are made firm greater distance. Permits. Seller shag procure at callers sole cost all era., perraits, cerofica a and steams slurred by all applicable laws, regulation, ordinances and roles night stare, municipality, territory or political subdivision where the work is performed, or ra irN by any other duty wnariutted public authority haviugjuridictimn osa go work of vendor. Seller further agrees to hold the City of Fan Collins bramlas fmm end against all liability and loss incurred by gem by ¢awn of an asserted or atablishal violation of any such laws, regulations, ordinances, rules and requirements. Authorization. All parties to this contract agree that the representatives am, in fact, bona fide and possess full and complete authority a bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and my supplementary or additional terns and conditions senexed hereto or inc of orated herein by reference. Any additional as different rams and conditions proposed by seller are objected to und hereby rejecter, 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the asence. Delivery and performance must h effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of ,aerial late delavma, shall Operate as a waiver of this provision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equanble remedies, the option of placing this Omer elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a Fault of delays due to causes not reasonably foreseeable which are beyond is reasonable control and without its fault of negligence, such acts of God, ass of civil or military authorities, governmental prior ies, Ems, strikes, Band, epidemics, cams or rigs provided that notice of the condition causing such delay is given .the Purchaser within five (5) days of the time what the Seller firs, received knowledge ffereof. In the went ofany such delay, be data of delivery shall be extended fan the penal rym) m the time morally lost by raven of the delay. 3. WARRANTY. The Sella warrants the, all goods, articles, aatmal, and work covered by gas order will coofomr with applicable drwings, spaificorions, samples anNor offer descriptions given, will be fit for the purposes inrendal, and performed with the biggest degree of care and competence in accordance with accepted standards for work of a similar narme. The Seller agrees to hold the purchaser harrnlas from any loss, damage or expense which the Purchases may suffer or incur on account ofge Sellers breach of warranty. The Seller shall replace, man it or make goad, without cost to the purchaser, very de@es or Was raising within one (I) year or within such longer period of time a may be prescribed by law or by the terms of any applicable warranty provided by me Seller after she dam of acceptance of the goods fumuhed hereunder (acceptance not ro he unreawmbly delayed), resulting fmm imperfect or defective wok done or maerials fumislud by the Sella. Acceptance or use of goads by the Purchaser shall not comtitum a waiver of my claim order this wai smy.at', as otherwise provided w this Purchase order, the Sellers liability hereunder shell extend to all damages proximately couud by Uie breach of any of the foregoing wmranlia or gusrw,cea but such liability shall in no event include her of prefiD or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Pmchaer may make changes to Is,[ from by wrinen change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any shawl to the temu, other than legal ,emu, including additions to or delaimn from the quantities originally Ordered an ge specificalmar or drawings, by verbal or wrinen change Omer. If any such change aRecs the amount due or the time ofperfomunm bereunda, an equitable adjustment shall be Inade. 6.TFRMINATIONS. The Purchaser may at my time by wrinen change order, mrmian,e this agreement as to my or all poniom of me goods then rut shipped, subject to my Wuatable ndjostment between the Radius as to any work or materials then in progress provided that the Purchasr shall not be liable for my claims for anticipated yrofia on the uncompleted portion ofthe goods anNor work, for incidental or amauential damages, and that no such adjustment as, made in favor ofge Seiler with respect to any goods which One the Sellers mankind stock. No such termination shall relieve the Purchaser or the Seller ofany of their obligations as to any goods delivered hereunder. I. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within gamy (30) days tram the date the change or lamination u Ordered. 8. COMPLIANCE WITH LAW. The Sella warrants that all goods sold hereunder shall have ban produced, sold, delivered and furnished in strict compliance with all applicable laws and regdis ans w which the goods are subject. The Seller shall execute and deliver such documents a may be required to effect or evidence complianere. All laws sad regulations required m be incorporator] is agreement of this chamcta are hereby incorporated herein by this reference. The Sella ,as to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a .all of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall align, tanager, or convey this order, or any monies due Or in become that hereunder without me prior wrinen consent offset other party. ILTITLE. The Sella wammts full, clear and manaticmd ride an the Radiation, fan all equipment, mmmals, and items famished in pafimmmca of this agreement free and clear of my and all liens, restrictions, reservations, Family intered mcumbmnca and claims of offers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by u dam to be agreed upon by the Purchaser and the Sella, and fire Seller thereafter indicates its inability m unwillingness to comply, the purchases may muse the work to he peRonmed by the ..at expeditions means available to it. and the Sella shall pay all casts associated with such work The Seller shall release me purchases and its examinations of my tier from all liability and claims of any mture resulting from the performance ofsuch work:. This release shall apply even in me went of fault of negligence of the party relasal and shall extend at the doe ,.., officers and employers fsuch party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused m be performed by the Potomac, 14. PATENTS. Whenever the Seller is captured to use my deign, dwice, material or process covered by lend, patent, medemark or copyright Fire Seller shall indemnify and save harnlas she Purchaser fmm my and all claims for management by raven of the use of such patented design, Mice, remand or pmass in correction with the commit, and shall indemnify she Purchaser for my and, expenu or damage which it may be, obliged to pay by reason of such infringement a any time during the prtrse-ution or after she completion of rise wok. In rase said equipment, or any part ,hereof or me intended rase of the goi is in such suit held to cortsti mite infringement and the one of said equipment Or pan is enjoined, the Seller shall, al its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15, INSOLVENCY. If the Seller shall become imohma or botrkmp,, make an assignment for the berth of creditors, appoint a receiver or mstee for my of the Sellers property Or business, gas order may forthwith he canceled by den Purchasa without liabifry. 16. GOVERNING LAW. The definitions oftences uud or the interpretaion ofthe sgreartmt and the rights of all parties hmm da shall be amounted under and governed by she laws ofge Scale ofColomdo, USA. The following Additional Conditions apply only in cases where the Sella is to at.. work hereunder, including the services of Sellers Represen,ative(s), on the premiss ofo,hers. 17. SELLERS RESPONSIBILITY. The Sella shall carry on said work in Seller's own risk writ the same is fully completed anal accepted, and shall, an au of my accident, Mwetion or injury to do, work enAor materials before Sellers fool completion aM comptamc, complete the work at Seller's own expense and ro me satisfaction of the Purchases. When mmeruds and equipment art furnished by often for inamllation or erection by the Sella, fire Sella mail receive, unload, store and handle same in Fire sire and baome responsible therefor as though such mascrials andror equipment were being punished by the Sella ands the, cods. 18. INSURANCE. The Sella shall, at his own expense, provide for the Fryman 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 dependents in accordance with the laws of the state in which the work is to be done. The Seller shall alw carry comprehensive gene.] liability including, but not limited m, commctual and automobile public liability iruurnme with bodily injury and death limits of m least s3oo,co0 for any one peraoss, $500,000 for any one accident east property damage limit pa accident of 5400,001 The Sella shall likewise mryirt has anmadors, if any, For provide for such compensation and ansurance. Before any of the Sellers or his contractors employees shall do any work upon the premiss of others, the Seller dull ftunuh the Purchaa wig a ttmfiwre that such compmmsion and insurance have been provided. Such mnificates shall specify the date when such compensation and ansu.rce have ban provided. Such cenifiratrs shall specify the date when such compenation anal hummnce expires. The Sena agrees that such compensation and huu.na shall be maintained until after the retire wok is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby resumes the entire msponsibil ity and liability for any and all damage, loss or injury of any kind or nature whaboever in persons Or property caused by or resulting from the execution ofthe work provided for in this purchase order or in correction herewith. The Seller will matronly and hold harmless the Fmchaa and my OF, all of the Purchosers afters, agents and employees from adi against my and all claims, losses, damages, charges or expema, whether does, or mi irect. and whdrcr ro persona or proper, to which the Purchum may be put or subjects by raven of any act action, neglect, omassaon or default on the Pont of the Seller, any of has contractors, Or many of the Sellers Or contractors officers, agents OF employees. In eau my suit or oger proceedings shall be bough, against ffc purehaa, or as ofcas, agenda or employees at any now, on armor , or by rmmn of any act, action, neglec, omission or default of the Seller of any of has cont.c ens or any of its or $air officers, agar or employees as aforesaid, ge Sella hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any ard all costs, charge, atomeys fees and other expeaaes, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or them officers, agents or employees in such suits or other proceedings, and in case judgment or other lien he plural upon or obtained against the property of the Purehaset, or said pmia in a a a Fault of such suits or other proceedings, the Sella will at once cams the same to be dissolved and dauhargal by giving bond or otherwise. The Sella and has contractors shall mine all safe, precautions, fitmuh ard install ail guaMs moamr, for rise prevention of accidents, comply wag all laws and regulations with regard to safety including, but without lamination, she Occupational Safety and Health An of 1970 and all cola and regulation issud Paramount iherem. Revised (DW4