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HomeMy WebLinkAbout536718 STUDIO INSITE LLC - PURCHASE ORDER - 9142483Fort Collins Date: 01/12/2015 Vendor: 536718 STUDIO INSITE LLC 3457 RINGSBY CT UNIT 223 DENVER CO 80216 PURCHASE ORDER PO Number Page 9142483 1of2 This number must appear on all invoices, packing slips and labels. Ship To: DOWNTOWN DEVELOPMENT AU #19 OLD TOWN SQUARE, SUITE FORT COLLINS CO 80524 Delivery Date: 05/02/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 3 Work Order 1 LOT EA 29,715.00 Dated 10-21-14 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 71 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 680 Fort Collins, CO 80522-0580 I71RIiTF��l7a � u I .IIiGT}{ Page 2 of 2 I. COMMERCIALDETAILS. Tax esemptions_ By rotate the Ciry of Fon Collins is exempt from state and local taxes. OurExemption Number e, 11. NONVYAIVER. 99-0 502. Federal Excise Tax Exemption Cenlficera of Registry 94-600058I is registered with the Collector of Future of Me Purchaser to insist upon .6. perromance of the arms and mndirimw hereof, failure or delay to Internal Revenue, Deaver, Colorado (Ref Colorado Revised Slazutes 1973, Chapter 39-26. Ili (a) exercise any rights or remedies provided herein or by law, Failure to promptly notify the Seller in the event of a breach, Me acceptance of or pay inner for good hereunder or approval of Me design, shall not release Me Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of she countries or obligations of this purchase order and shall not be deemed a waver of any right of Me damage in transit, may be resumed to you for credit and are not an be replased except upon receipt of women Purchaser to insist upon strict performance hermfor any ofits rights or remedies as to any such good, regardless instructions from Me City offrom Collins. of when shipped, received or accepled, as to any prior or subsequent default hereunder, nor shall any purposed oral modification or rescission of this purchase order by Me Purchaser operate as a waiver of any of Me terms Inspection GOODS are subject to the City of Fon Collins inspection on arrival. hereof. Final Acceptance. Receipt of he merchandise, se r equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. autione d payment on Me pan of the City of Fort Collins. However, it is in be understood that FINAL Seller and Me Purchaser remgnim Mm in moral economic practice, overcharges posting from antitrust ACCEPTANCE is dependent upon completion ofall applicable rryuifedirtryection proceduresviolations are in fact home by Me Purchaser. Thernefore for good cause and as consideration for executing Mis purchase order the Seller hereby usages or Me Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments hates be F.O.B.. City of ban Collins, 700 Wald S, . Fort Collins, CO 80522, unless acquired under federal or sate antitrust laws for such pverrharyes relating in Me particular good or services otherwise specified em this odr, Hu oringon is &arm ro pen ay freight and charge separately. the original freight purchased or acquired by Me Purchaser purrugh to this purchase order. bill most accompany mnice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Mere manufacturers have chimbeting points N various parts of Me country, shipment is If Me Purchaser direco the Seller in corrm[ nonconforming or defective goods by a dose in be agreed upon by Me expected Qom Me rearm distribution Poise to destination, and excess freight will be deducted from Invoice when purchaser and Me Seller, and Me Seller thereafter indicates its inability or unwillingness in comply, Me Purchaser shipments are made from greater distancemay cause Me work to be performed by the most expeditious means available to it, and Me Seller shall pay all rncw --crated with crib work Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable Iowa, regulations, ordinances and ores of Me sate, municipality, tetrilery or political subdivision where Me work is performed, or required by any other duly constituted public authority having jurisdiction over Me work of vendor. Seller further agrees to hold the City of Fact Collins harmless from and against all liability and loss incurred by them by reason of asserted or established violation of my such lawsanes, , regulations, ordincrates and m ox inmenrs. Authorisation. All penes to this contract agree that the representatives are, m fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terms and conditions oared herein set forth and my supplementary or additional terms and conditions samexed herein or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objmed to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately Hymn cargo? make complete shipment to arriveon your promised delivery date as.grad. Time is of the matinee. Delivery and perfoe ragw, must be eRected within the time sated on Me purchase order and Me documents amched hereto. No acts of Me Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver origins provision. In Me event of my delay, the Purchaser shall have, in addition to other legal and equitable remedies, Me option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shop not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its frall of negligence, such was of Cod, was of cierl or military authorities, govemm=tat priorities, fees, strikes, food epidemics, wars or Hors provided that notice of Me conditions causing such delay is given to Me Purchaser within rive (5) days of Me time when Me Seller For received knowledge therm( In the event of any such delay, the date of delivery Mall be extended for Me pwrod equal to the time actually Ion by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, spmifcatiou, samples andsor other deunptions given, will be fit for Me purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for weak of a similar nature. The Seller agrees m hold Me purchaser harmless from my loss. damage or expense which Me Purchaser may suffer or incur on account of Me Sellers breach of warranty. The Seller shall replace, repair or make good without cost to Me purchases any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by Me terms of any applicable warrants provided by Me Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or amends famished by Me Sella. Acceptance or use of good by the Purchaser shal I not constitute a waiver many claim under this warranty. Except as otherwise provided in Mis purchase order, the Sellers liability hereunder shall extend he all damages proximately caused by the breach of any mine foregoing watrmdes or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE. SHALL APPLY. a. CHANGES IN LEGAL TERMS. The Purchaser may make charges to legal ?emu by whom change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes to Me terms, other than legal arms, including additions to or deletions from Me qumtides originally ordered in Me specifications or drawings, by verbal or woom change order. If my such change aRects Me amount due or the time of performance hereunder, m equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at my time by wenti n change order, terminate gas agreement as to my or all portions of Me goods then not shipped, subject to my equitable adjustment between the parties as to my work or materials Men in progress provided that Me Purchaser shall not be liable for my claims for anticipated profits on the uncompleted portion of the broods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to my goods which are Me Sellers standard stock. No such termination shall relieve Me Purchaser or the Seller army of their obligations as to my goods delivered hereunder. I. CLAIMS FOR ADJUSTNCENT. Any claim for adjustment most be asserted within thirty (30) days from Me date Me change or armirztlon is ordered 8. COMPLIANCE WITH LAW_ The Seller warrants that all goods sold hereunder shall have bean produced sold, delivered and famished in strict compliance with all applicable laws and regulations as which the goods are subject. The Seller shall execute anti deliver such documents as may be required to effeet or evidence compliance. All laws and regulations required to be incorporated in agreements of was chamc[er are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold Me Purchaser himdess from all costs and damages suffered by Me Purchaser as a result or Me Sellers failure to comply with such law. 9. ASSIGNMENT. Neither may shall assign, transfer, or convey Mis order, or my monies due or in became due hereunder without Me prior written consent of the other parry. 10 TITLE. The Seller warrenes full, clear and unrestricted title to Me Purchaser for al I equipment materials, and items furnished in performance of this movement fine and clear of my and all liens, restrictions, reservations, secunry interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of my tier from all liability and claims of any nature esulting from the Performance of such work. This release shall apply even in the event of fault of negligence of Me party released and Mdl extend to Me directors, officers and employees of such parry. The Seller's command obligations, including wanmry, shall not be deemed in be reduced, in my way, because such work is perormed or caused to be performed by Me Purchaser. 14. PATENTS. Whenever Me Seller is required to use my design device, twcrud or process covered by Imes patent trademark or ropy right. Me Seller IMdl iedemnify and save harmless Me Purchaser from my and ill chums for infringement by reason of the use of such patented design, device, material or process in connection with Me contract, and shall indemnify the Purchaser for my cost expense or damage which it may be obliged to pay by reason of such infringement at my time during Me prosecution or after Me wmpledon of Me work. In case said equipment or my pan M=mf or the intended use of Me good, is in such suit held to constlmre infringement and Me use of said equipment or pan is enjoined, Me Seller shall, se its own expense and at its option, either procure for the Purchaser Me right to continue using mid equipment or pans, replace Me same with substantially equal but ma infringing equipment or modify it so it becomes noninfdnging. 15. INSOLVENCY. If Me Seller shul become insolvent or bmkopt make an assignment for Me benefit of creditors, appoinl a receiver Or smstee for my of Me Sellers property or business, this order may fonhwiM be canceled by Me Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or Me interpretation of the agreement and the rights of all parties hereunder shall be constaued whom and peemed by Me laws of the Soo of Colorado. USA. The following Additional Comancis apply only in where Me Seller is m perform work hereundet. including the venires of Sellers Representative(,), on the premises of others. II. SELLERS RESPONSIBILITY. The Seller shall carry on mid work at Sellers own risk until the same is fully completed and accepted, and Mall, n case of my accident, destruction or injury to Me work and/or materials before Seller's final completion and acceptance, complete Me work at Seller's own expense and to the satisfaction of the Purchaser. Men materials and equipment are furnished by others for installation or erection by the Seller, the Seller shall receive, unload. store and handle sonic at Me site and become responsible therefor as though such materials and/or equipment were being famished by Me Seller under Me order. 18. INSURANCE. The Seller shall, as his own expense, provide for Me payment of workers uncommon , including occupational disease be efts, to its employees employed on or in correction with she work covered by this Furniture order, and/or to Mw, depmdmrs in accordance wish Me laws of Me Stan is which Me work is to be done. The Seller shall also wry comprehensive general liability inclu&n& but not limited to, contractual and automobile public liability mormance .nth bodily injury and death limits of at least 1000,000 for my one person, $500,00o for my one accident and property damage limit per accident of S401).000, The Seller shall likewise require his contractors, if my, to provide for such compensation and insurance. Before my of the Sellers or his contractors employees shall do my work upon Me premises of others, the Seller shall famish Me Purchaser with a artif ate that such compensation and insurance have been provided. Such certificates shall specify Me date when such compensation and insurance have been provided. Such certificates Marl specify the date when such compensation and insurance expire. The Seller agrees not such compensation and insurance shall be maintained until after Me entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes Me =tire responsibility and liability for any and all damage, loss or injury of my kind or nature whatsoever to persons or property caused by or resulting fmm the execution of Me work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless Me Purchaser and my or all or the Purchasers officers, agmts and employees from and against my and all claims, losses, damage, charges or expenses, whether direct or indirect and whether to peewees or propeM to which Me Purchaser may he put or subject by reason of my act action, neglect omission or default on Me pm of Me Seller, my of his contractors, or my of Me Sellers or convenors officers, agents or employees. In cue my suit or other procreGngs shall he brought piping Me Purchaser, or its officers, agents or employees at any time Or account or by reason of my act action, neglect, emission or default of Me Seller of my of his mnnactors or my of its or their officers, agents or employees as aforesaid the Seller hereby agrees to assume Me defense thereof and in dd=d Me same an Me Sellers oven expense to pay my and all wets, charges, momeys fees and oMet expenses. my and all judgments that may be incurred by or obtained Mining she Purchaser or my of its or their office, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained ageinst Me property of the Purchaser, or said parties in or as a result of such suits or other proceedings. the Seller will at 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 innall all guard necessary for Me prevention of accidents, comply with all laws and regulations with regard to safety including, but —Mom lima stioq Me Ocmlcormal Safety and Health Act of 1990 and all ales and regulations issued pursuant thereto. Revised 09n014