Loading...
HomeMy WebLinkAbout549693 ANNE THOUTHIP - PURCHASE ORDER - 9150186Fort Collins Date: 01/12/2015 Vendor: 549693 ANNE THOUTHIP 427 W 5TH ST LOVELAND CO 80537 PURCHASE ORDER PO Number Page 9150186 1012 This number must appear on all invoices, packing sli s and labels. Ship To: LINCOLN CENTER CITY OF FORT COLLINS 417 W MAGNOLIA FORT COLLINS CO 80521 Delivery Date: 01/12/2015 Buyer: PAUL, GERRY Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 APP Piano Project 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 1 LOT LS 650.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 N!IiiYFi��7t2�'iY��ia Fi 3LL.Ni7fTeltlGTFi Page 2 of 2 1. COMMERCIALDETAILS. Tax exemptions. By grace the Cory of For Collins is exempt from state and local taxes. Our Exemption Number 98-01502. Federal Excise Tax Exemption Cmifiate of Registry 84-600a56) is registered such the Collector of Intmem Revenue, Doves. Colorado (Ref. Calendar Revised Statutes 1973, Chapter 39-26, 114 (a). Goads Rejected. GOODS REJECTED due to failure o meet specifications, either when shipped or due to defaces of damage in twout, may be rammed to you for credit and are not to be replaced except upon receipt of written instructions from the City of Fan Collins. Inspection. GOODS are subject to the City of For Collins inspection on conical. Final Acceptance. Receipt of the merchandise, services or aparent in response to this order can result in authotiud payment on the par of the City of For Collins. However, it is to be unod derstothatFINAL ACCEPTANCE is dependent upon completion ofall applicable required im voodoo procedures. Freight Terms. Shipments meet m F.O B.. Catty of Fort Collins, TA Wood Sr, Few Collins, CO 80522. unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight bill most =company invoice. Additional chars, for parking wall not be accented. Shipment Distance. Where manufacturers have dinribuung paints in various pant of the country, shipmem is expected from the nearest distribution at, to destination, and recess freight wall be deducted from Ira when shipments are made from greater distance. Permits. Seller shall Increase, as sellers mile cost all necessary permits, urificates and licenses inquired by all applicable laws, regulations, ordinmces and rules of the state, municipality, territory or tali local subdivision where the work is performed, or required by my other duly corset mted public stationary having jurisdiction over the work of vendor. Seller further agrees to hold the City of Far Collins harmless main and against all liability and loss incurred by them by reason of an asserted or established emigrant of my such laws, regulations, ordinances, pales and requirements. Authentication . AII partia to this cmtrazt ogee deg the rryramutives are, in fact. bona fre and possess fall and complete currency as bind sad panes. LIMITATION OF TERMS, This Purchase Order expressly limo¢ acceptance to the terms and conditions hazed herein sat Such and my supplementary or additional terms and conditions armexed herein or incomemared 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 gave on your promised delivery date as noted. Time is of the essence. Delivery and perm mince most be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, withom limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shill have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damage. However, the Seller shall not be, liable for damages as a result of delays due to causes not reasonably foresreable which are beyond its reasonable control and withmrr its fault of negligence, soon acts of God, acts of civil or military amhorities, gevemmmtal Driorities, fires, strikes. Good epidemics, wars or dots provided that notice of the conditions causing such delay is given to the purchaser within five (5) days of the time when the Seller first received knowledge therm( In the even, of any such delay. the date of delivery shall be extended for the period ryuil to the time actually lost by reason of the delay. 3. WARRANTY. The Seller wanwas that all goods, articles, materials and work covered by this order will conform wick applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted nandrd for work of a similar nature. The Seller agrees to hold the purchaser harmless from my loss, damage or expense 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 to the purchase,, any defmts or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms of my applicable warmnry provided by the Seller after the date of acceptance of the goods famished hereunder baccepeance no, an be =reasonably delayed), results., from imperfect or defective work done or materials fumaehed by the Seller. Acceptance or use of goods by the Purchaser shall be, constitute a waiver of my Balm under this warranty. Except ss otherwise provided in this purchase order, the Sellers liability logged, shall extend to all damages proxamazely caused by the breach of my of the foregoing wmrances or guarantees, bur such liability shall in no event include loss of profits or loss of we. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make chmgre to legal temps by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaseranmay make y changes o the terms, other than legal terms, including additions to or delet ores from the quantities originally ordered in the specifications or drawings, by ve bail or written change order. If any such chmge affects the amount due or the time of perfonthmce hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at my time by written change order, terminate this agreement as to my or all pinions of the goods then not shipped subject to cry equitable adjuxmunt between the panies as to my work or materials then in progress provided that the Purehaser shall nor be liable for my claims for anticipated profss on the =completed portion of the goods amber work, for material or consequential damages, and that im such adjustment be made in favor of the Seller with respect ro any Reads which arc the Sellers standard stick. No such margination shall relieve the Purchaser or the Seller of my of their obligations as to my good delivered hereunder. ). CLAIMS FOR ADJUSTMENT. Any claim for adjustment muss be asserted within thirty (30) days from the date are change or termination is ordered 8. COMPLIANCE WITH LAW. The Seller warrants then all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of rhos character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser se, a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shill assign, mmsfer, or convey this order, or my monies due or or became due hereunder without the prior wcnm consent of rue other party. 10. TITLE. The Seller warrants full, clear and =respacted title to the Purchaser for all equipment, mammals, and items furnished in perfonnmce of this agreement free and clear of my and all liens, restrictions, reservations, tourney interest encumbrances and claims i fothers. 11. NONV'AIVER. Failure of the Purchaser to insist upon aria performance of the terrm and conditions herwf, failure or delay to examire any nghts or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach the nc tmce ofor paymem fot goods hereunder or approval of the design, shall not release the Seller of any of the warranties or obligations of this purchsse order and shall not be deemed a saver of my night of the purchaser to insist upon strict performance humbler any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to my prior or subsequent default hereunder, nor shall my purported oral modification or rescission of this purchase order by the Purchaser operate w a waiver of my of the Now hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognive that in serum economic preaice ove rcharges resulting from mritreast violations are in fact home by the Purchaser. Thereofore,nfor rgood cause and w consideration for executing this purchase order, the Seller hereby assigns an the Purchaser my and all claims it may now have or hereafter acquired under federal or nine anmrest laws for such overcharges relating m the particular good or services purchased or acquired by the Purchaser Outtuanun this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective Sands by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or =willingness to comply, the Purchaser may cause the work to be Performed by the most expeditious means available to it, and the Seller shall pay ill cosss asaveiged with such work. The Seller shall release the Purchaser and its contractors of my tier from all liability and claims of my aware resulting from the aerformmce of such work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the darmors, officers and employees of such party. The Seller's contractual obligations, including wararry, shall not be deemed In b, reduced, in my way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required muse my chimp. device, material or process covered by Inver, patent trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from my and all claims for infringement by reason of the use of such patented dmgn, device, matmal or process in cormection with the 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 the prosecution or after the complacent of the work. In case said equipment, or my pat thernef or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at am own expense and at its option, either procure for the Purchaser the right to continue rising said equipment or pans, replace the same with substantially equal but noninfnnging equipment or modify it so it becomes noninfdnging. 15.INSOLVENCY. If the Seller shall become insolvent or bmkmpt make m excitement for the bereft of emblem, appoint a receiver or trustee for any of the Sellers property or bummers, this order may forthwith be canceled by the Purchaser wiJort liability. 16. MVERNING LAN'. The definitions of terms used or the imemmemon of the agreement and the rights of all parties hereunder shill he construed under and governed by the laws of the Stare of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, inducting the services of Sellers Representativop), on the premises of others 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk wail the were is fully completed and accepted, and shall, in case of my accident destruction or injury to the work andor =aerials before Seller's final completion and acceptance, complete the work at Sellers own expense and to the antiabortion of the Purchaser. When materials and equipment are fumished by others for intercalation or erection by the Seller. the Seller shell receive, =load score and handle same at the site and become responsible therefor ss though such materials and/or equipment were being fumished by rue Seller under the order. I8. INSURANCE, The Seller shill, an his own expenm, provide for the paymem of workers compensation, including accupacorml disease benefits, o its employees employed on or in connection with the work covered by this purchae order, and/or to their dependents on accordance with the laws of the scam in which cue work is to be done. The Seller shall also carry comprehensive general liability including, but not limited an, coneractual and automobile public liability insurance with bodily injury and death limits of at least S300,fam for my one person, $500,000 for my one accident and property damage limit per accident of S400,000. 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 de, my work upon the premises of others, the Seller shall fumish the Purchaser with a cert f care that such compensation and insurance have been provide. Such certificates shall specify the date when such compensation and insurance have form provided. Such ceraf cares shall specify the date when such compenumen and insurance expires. The Seller agrees that such compensation and occurrence shall be maintained untal after the entire work is mmpined and accepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the mare responsibility and liability for my and all damage, lain or injury of any End ir..am whensoever m exam, or property eeused by or mralma, from the exception of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and my or all of the Purchasers officers, agents and employees from and again my and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to Persons or property to which the Purchaser may be put or subject by reason of my act action, neglect omission or default on the pan if the Seller, my of his contractors, or my of the Sellers or contractors officers, agents or employees. In care my suit or other proceedings shall be brought against the Purchaser, or its officers, agents 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 contractors or my of its or their oRcum, agenss or employees u aforesaid, the Seller hereby agrees to assume the defense thereof and in defend the same at the Sellers own expense, to pay my and all costs, charges, moneys feu and other expenses, any and all judgerenrs that may be incurred by or obtained against the Purchaser or my of its or their offers, agents or employees in such suirs or other proceedings, and in rase judgment or other lam b, placed upon or obtained against the prepare, blithe Purchaser, or said parties in or ss a result of such suits or other proceNings, the Seller wall at once cause the same to be dissolved and discharged by saying bond or otherwise. The Seller and his conrbacors shall take all safety precautions, famish and instill ill guard necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Held Act of 1970 and nil rules, and regulations issued pursuant themo. Revised 07/2014