Loading...
HomeMy WebLinkAbout102722 OFFICESCAPES SCOTT RICE - PURCHASE ORDER - 3215293Fort Collins Date: 01/13/2015 Vendor: 102722 OFFICESCAPES SCOTT RICE 4950 S COLLEGE AVE SUITE A FORT COLLINS CO 80525 PURCHASE ORDER PO Number Page 3215293 1o12 This number must appear on all invoices, packing slips and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 01/13/2015 Buyer: DOUG CLAPP 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 1 2015 Blanket Order Office Furniture 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@fogov.com 1 LOT LS Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Page 2 of 2 L COMMERCIAL DETAILS. Tax exemptions. By statute the City of Few Collins is exempt from state and local taxes. Our Exemption Number is 11. NON'WAIVER 98-0g502. Federal Excise Tax Exemption Cenificae of Registry 94-60100590 is re&stared with the Collector of Failure of the Purchaser m insist upon stdn performance of the parts and conditions heraf, failure or delay to Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). exercise any righu or remedies provided herein or by law, failure to pmmpdy notify the Seller in due event of a breach, the acceptance of or payment for goods hereunder or approval ofthe design, shill not release the Seller of Grant Rejected. GOODS REJECTED due m failure to meet specificaumas, either when shipped or due to defects of any of the warranties or obligations of this purchase .,do, and shall or be deemed a waiver of any right of the damage in arm rt, may he resumed m you for credit and are tut m he replaced except upon receipt of wnnen purchaser in insist upon strip perbrmance hetmfor any of its rights or remedies as many such goods, regardless instructions from the City of Fort Collins. of wfim shipped received or accepted, ss many prior or subsequent default hereunder, nor shall any Imported oral modification or rescission of this purchase order by the Purchaser operme se, a waiver of any of the tents Inspection. CrOODS we subject to the City of Fan Collins inspection on arrival. hereof Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. a dhadaed payment on the part of the City of Fan Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges rebutting from criminal ACCEPTANCE is dependent upon completion wall applicable required inspection procedures violations are in fact bone by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be FAB., City of Fort Collins, 700 Wood St, Fort Collins, CO 90522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. if permission is given to prepay freight and charge aparmdy, the original freight purchased or acquired by the Purchaser pursuant this purchase order. all ..in accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in us pans of the country, shipment is Ifthe Purchaserdireas the Seller to correct nonconformingor defective goodsby a date W be agreed upon by the expected from the nearen distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates is inability or unwillingness to comply, the Purchaser shipments are made from greater distance may cause the work to be performed by the mast expeditious means available to it and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sale can all necessary pamits, cenifcaes and licenses required by all applicable laws, regulations, ordinances and rules of the spate, municipality, territory or political subdivision where the work is performed, or required by any other duly commaged public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins hamlees from and against ill liability and loss incurred by them by reagrouground!son of an smor established violation of any such laws, regulations, ordinances, rules and orp icmmps. Atnbonardom All parties to this conuut agree Naz she represenrasives are, in fact, bona f de and possess fall and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions sued herein sec forth and my supplementary or additional terms and conditions material hereto or incorporated herein by reference. Any additional or differmuesms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGF,NT immediately if you cannot make complete shipment to arrive an yaw promised delivery date in noted. Time is of the essence. Delivery and performance must be effected within the time stared on the purchase order and the documents coached hereto. No acts of the Purchasers including, without limitation, acceptance of penial lam deliveries, shall operate m a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition he other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not he liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and wihom Its fault of negligence, such acts ofGod, gas of civil or military arighornmes, gavarnmernal pdontics, fire, singes, flood, epidemics, wars or riots 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 thereof In the event of any such delay, the date of delivery shall be extended for the panic equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller wmmts that all goods, articles, materials and work covered by this order will conform with applicable drawings, specification, samples incisor other descriptions given, will be Fit for the pumosm intended, and performed with the highest degree of care and competence in reardmce with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or mew on accomn of the Sellers breach of morgnry. The Satiation] replaze, repair or make good, without cost in the purchaser, my defects or faults arising within one (1) year or within such longer period of lime in may be presabed by law or by the terms of any applicable warranty provided by the Seller after the date of accrytmce of me goods furnished hereunder (arri ffam , not to he umeesonably delayed), resulting from imperfect of defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this wamarty. Except ss wherwdu provided in this purchase order, the Sellers liability hereunder shill extend o all damages prommmely e,.sed by the breach of my of the foregoing wammnas or guarmtas, had such liability shall in no event include loss of profits or loss of me. NO IMPLIED WARRANITY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. a. CHANGES IN LEGAL TERMS. The Purchaser may make changes ru legal terms by wnnen change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my charges to the terms, other than legal terms, including additions to or deletions from me quantities originally ordered in me specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time of perfotmace hereunder, of equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by women change order, terminate this agreement as to any or all portions .f the goods thin not shipped, subject to my equitable adjustment between the proles in to my work or materials then in progress provided that the Purchaser shall not be Gable for my clams for mucipated profits on the uncompleted Parton of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made m favor of the Seller with respect or, any goods which are the Sellers standard stock. No such lamination shall relieve the Purchaser or the Seller of my of their obligations as m my goods delivered hereunder. 1. CLAIMS FOR ADJUSTMENT. Any cWm for adjunmet mot be named within thim (30) days from the dale the change or trnnination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants than all goods sold haeunder shill have been produra. sold, delivered and fomished in super compliance with all applicable laws and regulmions to which the goods me subject. The Seller shall execute and deliver such documents in may be required an effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character we hereby incorporated herein by this reference. The Seller agras to indemnify and hold the Purchaser harmless £ram all costs and damages suffered by the Pwchaur as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey Nis order, worry monies due a m become due hereunder withoun the prior wren consent of the other perm. 10. TITLE. The Seller warrants full, clew and unrestricted tide to the Purchaser for all equipment materials, and items famished n performance of this agreement, free and clear of any and at liens, restrictions, reservations, security interest encumbrances and claims of others. The Seller shall release the Puchamr and its contractors of any net from all liability and claims of my narurs esulting from the performance of such work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, officers and employee of such party. The Sepals contractual obligations, including warrar y, shall not be deemed to be reduced in my way, became such work is yerfmmed or calssed to be Performed by the Purchaser. 13. PATENT. Whenever the Seller is required to arse sov design, device, material or praess covered by liner, pmmL trademark or copynyhr the Seller shall indemnify and save hapmless the Purchaser from my and all claims for iniringemmt by reason of the use of such patented design, device, mating] or posters in camembrom wish the contrast, and shall indemnify the Purhaser for my cost, expense or damage which it may be obliged to pay by reason of suelf infringement in my time during the operawon or after fire completion of the work. In case said equipment, or any pan thereof or me intended use of the goods, is in such suit held to annlMc infringement and the use of said equipment or pan is enjoined, the Seller shall, as in own expense and at its option, either procure for the Purchaser the right in continue using said equipment or parts, replare the same with substantially equal but wninfringing equipment, or modify it so it becomes noninfnnging. 15. INSOLVENCY. If the Seller shall bowman insolvent or bankrupt, make an assignment for the bereft of creditors, appoint a receiver or trustee for my of the Sellers property or hotness, this order may forthwith be canceled by the Purchaser wimm, liability. 16. GOVERNINGLAW. The definitions of lams us d or the interpretation of the agreement and the rights of all parties hereunder shall be caromed under and governed by the laws of the Sum of Colorado, USA The following Additional Conditions apply only in cases where the Seller is in perform work hereunder, including the seances of Sellers Representative(s), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work in Sellers own risk until the same is fully completed and accepted, and shill, to more of any madar, dmmcnon or injury m the work sods., mmenals before Sella, foil completion and acceptance, complete the work at Sellas own expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by she Seller, the Seller shall receive, unload, store and hurdle same at the sire and become responsible therefor m though such nationals and/or equipment were being furnished by the Seller under the order. 18. INSURANCE, The Seller shall, in his oven expense, provide for the payment of workers compensation, including ocauparanal disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or to star dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, command and automobile public aniliry inzmance with bodily minty and death limits of at least 5300,000 for any one Person, $500.000 for any one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his ontmemrs, if any, to provide for such compensation and insurance. Before any of fire Sellem or his contractors employees shall do my work upon the premises of others, the Seller shall furnish the Purchaser vnth a ceni fcate that such compareamon and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compmsadon and insurance expires. The Seller agrees that such compensation and insurance shill be rrumtarned until after me are work is completed and azcened. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of my kind or name whatsoever to persons or property caused by or retailing from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hamdess the Purchaser and any or all of the Purchasers oRcers, agents and employes from and agalmn any and ill claims, loess, damages, charges or expense, whether direct or indirect, and whether to pawns or propem in which she Purchaser may be put or subject by reason of any act upon, neglect, omission or default on the pan of thc Seller, any of his contractors, of any of the Sellers or convacmrs offcors, agents or employees. In case my suit or other proceedings shill be brought against she Purchaser, or its officers, ropers or employees m any 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 offers, agents or employees as aforesaid, the Seller hereby agres per assume the defense NHcpf and an defend the scone at the Sellers own expene. Io pay my and all cons, charges, anomrys fees and other expenses, my and all judgments that may be incurred by or obtained against the Purchaser or my of its or their offers, agents or employees in such suits or other proceedings, and in case judgment or other lien be place upon or obtained against the propesy of the Purchsseq or said pones in or as, a result of such suits or other proceedings, fhe Seller will m once cause me 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 rules and regulations issued pursuant thereto. Revised 09/2014