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HomeMy WebLinkAbout124086 UNIQUE BOOKS INC - PURCHASE ORDER - 3215138Fort Collins Date: 01/0912015 PURCHASE ORDER PO Number Page 3215138 1of2 This number must appear on all invoices, packing sli s and labels. Vendor: 124086 Ship To: PROCESSING CENTER UNIQUE BOOKS INC FORT COLLINS PUBLIC LIBRARY 5010 KEMPER AVE 256 W. MOUNTAIN AVENUE ST. LOUIS MO 63139-1106 FORT COLLINS CO 80521-2711 Delivery Date: 01/09/2015 Buyer: 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 2015 ANNUAL ORDER FOR 1 LOT LS 15,000.00 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:purchasing@fcgov.wrn Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 WiR.xM477[.fi[ 3tL[PZL[lQFL� Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemption. By statute the City of Fort Collin is exempt from maze and local taxes. Out Exemption Number is 11. NONWAIVER. 98-04503. Federal Excise Tax Exemption Certificate of Registry 84-15000587 is registered wd, tag Collator of Failure of the Purchaser to imm, upon eager performance of Ile, terms aM commons Meaf, failure or delay to Inrmal Revenue, Denver, Colorado (Ref. Colorado Revised Sutuoa 1973. Chapter 39-26,114 (a). exercise any rights or mnedies ptmidcd hortn or by law, failure to promptly maiy the Sella in the event of a breach, the acceptance, ofcr paymena for grads herunder or approval ii daigm, shall not release the Sella of Goods Related. GOODS REJECTED due to failure to at specifotions, either when shipped or due to defects of any of fire wanaation or obligation of this purchase order and shall not be deemed a waiver of any right of the damage in omuit, may be rearmed co you for orti t and ate not to ho replaced except upon receipt of women purehaser to insist upon stria performance hereof or any of ins rights or remedies as b any such good, regardless in ruction form the City of Fon Collins. of when shipped, received or accepted, in many prim at subsequent default hereundev nor shall any paranoid ore[ modification or corrosion of this purchase order by the Purchaser connote as a waiver of any of fie tomes Inspection. GOODS ere subject to the City of Fort Collins inspection on social. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this Omer can r esult in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of fie City of Fort Collins, However, it is to be understood That FINAL Seller and the Purchaser recognize that in actual economic practice overcharges resulting from mantra ACCEPTANCE is dependent upon completion oft l applicable required inspection procedures. violations are in fact home by the Purchaser, Theretofore, for good cause and as consideration for executing this purchase oma, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Tam¢. Shipments rant be F.O.B., City of Fort Collins, 700 Wood Sac, Fort Collins, CO 80522, unless acquired under federal or sate amiterst laws for such overcharges relating to the particular goods or services Otherwise specified on this aide, Uncrmssio is given to prepay freight and charge separately, the original freight purchased or acquired by the Punctuator pursuant to this farmhouse order. bill mud accomnanv invoice. Additional chama for wekinu will not be aaennd. Shipment Distance Where manufacnueo have distributing points in various part of the country, shipment is expected form the maast distribution point a destination, and at. freight will be deducted from Invoice when shipments are made from Former distance. Pardo. Seller shall pr.cnre at sellers sole cost at traamry Fargo, eeoificatw aM licenser required by all applicable laws, regulation, ominn«s and talcs of the sale, m aiciptiry, merimry or political subdivision where the work is perfor ed, or required by any other duly contimtd public authority havingjunsdiction over the work of vendor. Sella fuller agrees in hold fie City of Fog Collin harmless from and against all liability and loss incurred by them by reason of an asserted or atablishd violation of my such laws, regulations, ordinances, roles and reftifemeno. Authorimtion. All parties to this comma agree that the represcnatives me, in fact, Form fide and possess bill and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly lingo acceptance to the arms and conditions stated herein am forth and tiny supplementary or additional terms and conditions annexed harem or inciapanoted herein by reference. Any additional or different tents and conditions prapmd by seller art objected! to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immaturely ifyou cannot make complete shipment m arrive on your promised delivery date as noted. Time is of flat comae. Delivery and pafomaace must be effectual within the time amid on fie purchase eager and the dmument attached man. No acts of the Purchzse, including, without limitation, accepamce oformal late deliveries, shall opemte n a waiver nfthis prevision. In the event i fray delay, the Purchases shall have, in addition to office legal and aryiable remedia, the option of placing fis order clsrwham and holding fie Sella liable for damages. However, the Seller shall net be liable for damages as a result of delays due to causes we rammbly foeaasble which art beyond its ..Me coital and without its fault Of negligence. such acts ofGW, acts ofdvil or military anthodties, govmumental priorities, fro, stakes, flood, epidemics, wars or hots provided that notice of the condition causing such delay is given m the Puuchasef winds five (5) days of fie time when the Sella first received knowledge hereof. In fie event of my such delay, the date of delivery shall be exterdd for the period equal to the now actually lost by meson of she delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples mWer other description given, will be fit for the puryoses intended, and performed with the highest degree of care and compernce in accordance with accepted standards for work of a similar nature. The Seller agrees to hold fie purchaser hafmleas from any lass, damage or expense which use Purchaser may suffer or incur on account of the Sellers breach of warranty The Seller shall replace, repair or make good, without cost to the puRbaser, my defects or faults arising within one (I) year or within Such longer period of time as may be prescrihd by law or by the term Of my applicable warranty presided by the Sella after fc date of acceptance of the good famished hereunder (acceptance Out to be unreasonably delayed), resulting from imperfect Or defective work done or materials fumishd by Ore Sella. Acceptance or use of good by the Purchaser shall not contime a waiver of my claim coda this warany. Except as otherwise pmvidd in this purchase order, fie Sellers liability hereunder shall extend to all damage porximtely caused by tag breach of my of the foregoing xommies or guarantas, but such liability shall in o event include loss of prefer or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchnn may make chanters w legal term by wrinen change ardor. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the quantifies originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at my time by written change order, terminate this agreement as many or all lionions of the good then not shipped, subject to my equitable adjustment Incomes the panic a to any work or materials then in progress provided that the Pumhmer shtl not be liable for my claims for anticipated usages on the uncompleted Portion of the good oul or work, for incidenal or consequential damgm, and for no such adjusment be made in favor of tag Sella with aspect to any good which One the Sellers stzndaag Mack. No such ¢ruination shall reline fie pumbi or the Seller army ofthcu obligation n to my goad delivered hereunder. y. CLAIMS FOR ADJUSTMENT. Any claim for taljusmtent most be acsmed within thirty (30) drys from fie dare the change or remounting is omend. B. COMPLIANCE WITH LAW. The Seller wartants fast all god sold hereunder shall have ban produced, sold delivered and fim,ishd in snot compliance with all applicable laws aM regulation to which the good are subject. The Seller shall execute and deliver such document as may be required in effect or evidence compliance. All laws and regulations required to be incorporated in agreement of this character are hereby incorporated herein by this reference. The Seller agrees 10 indemnify and hold the Purchaser hamtleas from all costs and damages suffered by the Purchaser as a result of the Sellers failure 1. comply with such law. 9. ASSIGNMENT. Neither party shall assign, tanfeq or convey this oma, or my monies due or to become due hereunder without to prim wren consent offe office parry. 10. TITLE. The Sella warrants full, clear said umamdd due to use Purchaser for rill equipment, mterls, and item fumishd in perfomumce of this agreement Ere ad clwu of my and all liens, ramam., carnation, secti intertm etrumbrama and claim reothers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to correct nmtconforming or defective good by a date to b, agreed upon by the Purchaser and the Sella, and the Sella thnwfer indicates its inability Or unwillingness w comply, the Purchaser may enuu the work to W perforated by the rant expeditious mean available a A. sad the Seller shall pay all coso moaciaad with such work. The Sella shall relrase the Purchaser and its contractors of my der from all liability and claims of my Dance resulting from the performance of such work. This release shall may nut in the event of fault of negligence of the, parry released ard shall alend m the directors, officers and employes of such pony. The Sellers contractual obligations, including u'oranry, 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 a requird m use any design, device, material or process covenod by Inner, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from my and all claim for infringement by reason of the use of such patented design, device, material or process in connecting with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at my time during the pmseeutiou or after the completion of the work. In case said equipment, or any pm thereof or the attended use of fc goods, is in such suit held to constitute infringement and the use of said equipment or pan u jeated, the Sella shall, at its own expense and w its option, either procure for the Purchaser the right to continue using Mid equipment or parts, replare the same with mostmtially equal but madifiringing a at,., or modify it w it been. rwninfrivging. I S. INSOLVENCY. If the Seller shall become insolvent or hookups. make an assigmnent for the benefit of creditors, appoint a receiver or trustee for any of fie Sellers property or basmas, this order may fngreath be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definition of erms used or the imeryretation of the agreement and the rights of all parties hereunder shall be returned under and govemed by the laws of the State of Colorado, USA. The following Additional Condition apply only in cases where the Sella is to porting work hercundes, including the rervica of Sellers Rcprewntmive(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Sella shall may on said weak at Sellers nun risk until fan same is fully completed ad accepted, and shall, n case of my accident, destruction Or injury to use work and/or materiak before Sellers final completion and acapamce, complete the work at Sellers own spine and to the sati,scrien of for Pumhma. When mterits and equipment are fumishd by others fro hourglass.. err erection by the Sella, fie Sella shall resolve, unload, store and handle same at the site and become caponsible therefor as though such commas mi equipment were being fumishd by the Seller under dae order. I B.INSURANCE. The Seller shall, at his own expense, provide for the payment of workers competwtion, including occupational disease benefits, to its employees employed on or in connection with the weak covered by this purchase Omer, MoVor to their dependreo in accordance with the laws of the state in which the work is to be done. The Seller shall also any comprehensive genenol liability including, but not limited m, communist and automobile public liability insurance with bodily injury and death limits of at lent q,600 let S31for any one person, $500,e00 for any one accident and property damage limit per accident of S4W 00,0. The Seller shall likewise require his imunrlom. if my, to provide for such compensation and insumme. Before my of fie Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall furnish the PmchmeT with a certificate that such compensation and inwmnce have been provided. Such cenlficams shall specify the date when such compensation and insurance have been provided. Such certificates shall speciy the dam when such compensation and insurance expires. The Sella ages that such compensation and aromatic shall be maintained until after fie entire work is completed aM arra ed. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes fie retire responsibility aid liability for my and till damage, Ins or, injury of my kind or name odox.rr, to person err pro nor, waned by err resulting from use execution ofthe work provided for in this purchase under m in enmectiov herewith. The Seller will indemnify ard bold hannless fie Purchaser and my r all of use Purchasers elficers, agents and employees f and agmrst my aget it claim, I., damages, charges or expenses, warrior direct or indiraa, and whether to persom or proposes to which the Putehtmer may be put or subject by reason of my act, acting, milliner, omission or d firm t o fie pan of the Sella, my of his contracwn, or any of use Sellers or contractors officers, agent or employees. In come any suit or other proceedings shall ho brought against the purchaser, or its officers, agents or anployas at my time can account or by reason of any we action, negleca, omission or default of the Sella of any of his communist or my of its or their officers, agent or employees to aforesaid, the Seller hereby agrees in resume the defense thereof and to defend the some at the Sellers own expense, to pay any and all cows, charges, anomrys fees and other expenses, my and all ju llmor s Oat my be incurred by or obtained against the Purchaser or any of its or their oRcers, agents or employees n such sums or other proceedings, and in caw judgment or other lien be placed upon or obtaind against the proposer, of fe Purchaser, or Mid panic in or as a result of Mch suits or other proceedings, the Sella will at once cause the same to ho dissolved and discharged by giving hoed or Otherwise. The Seller and his contractors shall sake all Mfey precaution, famish and install all guard necessary for to pmvcmion of accidents, comply with tl laws and regulations with rgam to ofty, including, but without limitation, the Occupational Safety and Hadf Act of 1970 and all roles and regulation issued poor. the ce. Raised 07nO14