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HomeMy WebLinkAbout102408 PIONEER PRESS OF GREELEY INC - PURCHASE ORDER - 9150167Fort Collins Date: 01/12/2016 PURCHASE ORDER Vendor: 102408 PIONEER PRESS OF GREELEY INC 2965 27TH AVE GREELEY CO 80631-8531 PO Number Page 9150167 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 01/09/2015 Buyer: PATJOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price i Utility Bill shells Estimate 1363-2 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Garry 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 16,375.00 Total $16,375.00 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 I. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fort Collin; is exempt from slue and loal taxes. Our Exemption Number is I L NONIpAIVEK 98-04502, Federal Excise Tax Exemption Certificate of Re,our, 84-61wimma is registered with the Collector of richoo of due Purchaser to insist upon strict performance of me teen and conditions hereof, failure or delay to Internal Revenue, Deaver. Colorado (Ref. Colorado Revised Shown 1973. Chapter 39-26. 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REIECTED due to failure to meet specifcatiom, either when shipped or due ro defec¢ of any Of the mummies or obligations of this purchase order and shall not be deemed a waiver of any nght of the damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written muchaur to room upon sbri pedormance hereof, any of us rights or remedies as to any such goods, regardless Instructions from the City of For Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of my Of the terms Inspection. GOODS are subject to the City of Fon Collins inspection on arrival. hector. Final Acceptance. Receipt of the merchandise, se r equipment in response w this order can e esult in 12. ASSIGNMENT OF ANf1Il1UST CLAIMS w. aanred payment on the pan of the City Fort Collins. However, it is to bat e understood mFINAL Seller and the Purchaser recognise that in acwal ec mic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fan home gothe Purchaser. Theretofore ono good coati and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser my and all claims it may now have or hereafter Freight To. Shipments most be F.O a, City of Fort Collins, TIO Wood St, Fort Collins. CO $0522, unless acquired coder federal Or state mdvuu laws for such overcharges relating to the particular goods or services otherwise spxifim an this order .If,wh fission is given to prepay freight and rLarge aeparmely. the original freight purchased or acquired by the Purchaser pursuant w this purchase order. bil I must accompany invoice. Additional charges for packing will but be accepted. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected from the nearest distribution paint to destination and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cost all nmessary permits, cenificztes and licenses required by all applicable laws, regulations, or chance, and rules fthe state, municipality, territory or political subdivision where the work is performed, or required by my other duly constituted public authority having jurisdiction over the work of vendor. Seller mother agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an owned or ea dalished mulation of my such law, regulations, ordinances, rules and r,ui temmts. Authorimion. All parties to this contract agree chat the reprenmmtion are, in fact, bona ft& and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terns and conditions stated herein set forth and any supplemmcary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised deliverydate asnoted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents reached hereto. No acts of the Purchasers including without limitation, acceptance of partial late deltmors, shall operate m a mover of 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 reliable for damages as a noult of delays due to cation not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, note prosid God aOunc of he milimrons causing yis givens the Bmdmidem riots provided chat notice oe the ednd conditions causing such delay is given w the h delay, t within five delivery days Of the time when the Seller first received inane mostly thereof. In the event e joint. sorb delay, the date of delivery shill be extended for the period equal w the time equally lost by reason of the delay. 3. WARRANTY, The Seller wmants that all goods, tides, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions give, will be fit for the purposes intended, and performed with the highest degree create and competence in accordance with accepted standards for work of a milar nature. The Seller agrees w hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffier m incur m account of the Sellers breach of wmanty. The Seller ahall replace, repair w make good, without cost w the purchaser, my defects or faults arising within one (1) year or within such longer penal of time as may be preuribed by law or by the terms of my applicable moral provided by the Seller after the date of acceptance of the goods fumished hereunder pcceptmw not to he woreamnably delayed), resulting from imperfect or defective work done or materials fumished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this wamnry. Except as otherwise provided in this purchase order. the Sellers liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing ..an or guarantees, bur such liability shall in no event include Its of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES N LEGAL TERMS. The Purchmn may make changes to legal tern.. by —Ron change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes to the term, other than legal terms. including additions to or delemns from me quantities onginally ordered In the specifications or dmwinp, by verbal or wnnm charge order. If my such change affects the amo=t due or the time of performance here=der, an equitable adjustment shall he made. 6. TERMINATIONS. The Purcha or may at my time by wrinm change order, terminate cols agreement as to my or all portions of the goods them not shipped, subject to my equitable adjustment betwon the parties as to my welt or parents, Then in progress provided that the Purchaser shall not be liable for my down for anticipated profits on the uncompleted portion of the goods andor work, for incidental or conwquound damages, and that no such adjustment be made in favor of the Seller with respect o my goods which are the Sellers standard stock. No such mrmmanion shall relieve the Purchaser or the Seller of my Of their obligations an to my goad delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be me ned within thirty (30) days from the date me change or rerminmion Is ordered 8. COMPLIANCE WITH LAN'. The Seller wanmts maa all good sold hereunder shall have been produced, sold, delivered and fumished in stnn compliance with all applicable lases and regulations to which the good are subject. The Seller shall «mum and deliver such documents as tray be required 0 effect or evidence compliance. All laws and regulations repriced! to he incorporated in agreements of this character are hereby inmryombod herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all miss and damages suffered by the Purchaser as a result of the Sellers failure w comply with such law. 9. ASSIGNMENT. Neither parry shall onion, transfer. or convey this order, or my monies due or to become due hereunder without the prior written consent of the other time. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items fumished in Io formarce of this agreement free and clear of my and all liens. restrictions, reservations, security interest encumbrances and claims ofothers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a due w be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inabilm, or unwillingness to comply, the Purchaser may cause the work to be performed by me most expeditious means available to it and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of my tier from all liability and claims of my nature resulting from the performance of such work. This theme shill apply even is the event of fault of negligmce of the parry rebound and shall emend to the directors, officers and employees of such part'. The Settees contractual obligations, including mount shall not be domed to be reduced, in any way, become such work is performed or canted to be performed by the Purchaser. 14, PATENTS. Whenever the Seller is required to use my design, device, normal or process covered by Intl, parent trademark or copyright the Seller shall indemnity and save harmless the Purchaser from any and all dui ma for infringement by reason of the use of such patented design, device, mamaal or process in connection with the contract, and shall indeomify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at my time doing the promotion or after the completion of me work. In case said equipment, or my pan thereof or the intended use of the goods. is in such suit held to constitute infringement and the we 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 in continue using mild equipment or pam, replace the same with substantially equal but nomnfringing equipment or modify into it tompam mninfnnging. 15. INSOLVENCY. If me Seller shall biome insolsem or bankmpt make an assignment for the bmeSt of cmdiwrs, appoint a receiver or trustee for my of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and me rights of all parties hereunder shall be construed under and governed by me laws of the State of Colorado, USA. The following Additional Conditions apply Only in cases where the Seller is to perform work hereunder, including the services of Sellers Reproemativeds), on the premises ofothers. IZ SELLERS RESPONSIBILITY. The Seller shill carry on said work of Sellers own n;k unfit the same is fully completed and asomiceL and shill, in use of my accident downtown or injury to the work and/or mazmals before Seller's final completion and acceptance, complete the work m Settees own expense and w the satisfaction of the Purchaser. Whom materials and equipment are furnished by others for installation or erection by the Seller the Seller shall receive, =load store and handle same a the site and become responsible therefor as though such materials mNor equipment were being fumished by the Seller =der the order. I8. INSURANCE. The Seller shall, at his own expense, provide for the payment cfworkin compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, art to their dependents in accordance wish the laws of the state in which the work is to be done. The Seller shall also cony comprehensive general liability including, but not limited to, mentioned and automobile public liability insurance win bodily injury and death limits of at least 5300,000 for my one person, f5W,bwro for my one accident and property, damage limit per accident of S40U,000. The Seller shill likewise require his contractors, if my, w provide for such con,manyorm and insurance. Before my of the Sellers or his contractors employees shill do any work open the premises of others, the Seller shill famish the Purehasm with a certificate that such comsonamor and insurance have been pmvidm. Such c nsfira a shill specify the dare when such compensation and insurance have hem provided. Such cer6fic urn shall specify the dare Am such rnmpensation and insurance expire. The Seller agrees that such renunciation and insurance shall Ise maintained until after the more work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for my and all damage, loss or injury of my kind or nature whatsoever to persons or pmpetry caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith His, Seller will indemnify and hold harmless the Purchaser and my cr all of the Purchasers officers, agents and employees from and against my and all claims, losses, damages. harges or expema, whether direct or indirect and whether to persons or property to which the Purchaser may be pro or subject by newton of my act, action, neglect omission or default on the pm of the Seller, my of Ms contractors, or my of the Sellers or contractors officers, agents or employers. In rase my suit or other proceedings shill be brought again the Purchaser, or its officers, agmm or employees at my time on account or by reason of my act action, neglect. omission or default of the Seller of my of his cum uman or my of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defeow thereof and w defend the same at de Sellers Own espouse, to pay my and all rem, charges, anomeys fees and other expenses, my and all judgments mar may W incurred by or obtained against the Purchaser or my of its or their officers. agents or employees in such suits or other proceedings, and in case judgment or other him be placed upon or carried against the property of the Purchaser, or said piston in or as a result of such suits or other proceeding, the Seller will w once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guards necessary for the 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 roles and regulations issued pursuant thereto. Revised (00014