HomeMy WebLinkAbout450506 DITESCO LLC - PURCHASE ORDER - 9141272Fort Collins
Date: 01/13/2015
Vendor: 450506
DITESCO LLC
1315 OAKRIDGE DR SUITE 120
FORT COLLINS CO 80525
in A
PO Number Page
9141272 1of2
This number must appear
on all invoices, packing
sli sand labels.
Ship To: DOWNTOWN DEVELOPMENT AU
#19 OLD TOWN SQUARE, SUITE
FORT COLLINS CO 80524
Delivery Date: 02/26/2014 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
4 Change order 1
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.00m
1 LOT EA
7,707.08
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Iona Page 2 of 2
I. COMMERC1ALDETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Number is
I I. NONWANER.
98 04502. Federal Excise Tax Exemption Comfia. of Registry 84-6000587 is registered with the Collector of
Failure of the Purchaser On insist upon strict performantt of the temp and cmnditioru hereof, failure or delay to
hnemd Revenue, Denver, Calomdo (Ref. Colorado Revisal Smmtes 1973, Chapter 39 26, 114 (a).
exercise soy rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
breach, the acceptance ofof payment far goods hereunder or approval of the design, shall riot release the Seller of
Goods Rejected. GOODS REJECTED due to failure m meet specifications, either when shipped or due to defects of
any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the
damage in Vansit may oc returned or you for credit and are not m be replaced except upon receipt of owned
Foochow, to insist upon strict performance herafer any of its rights or remedies as to any such goon, regardless
instrat ft. the City of Fon Collins.
of when shipped, received or accepted, or to any prior or mbsequenr default hereunder, o rr shall any pregional
oral mothfnea0on of rescission of this purchase oNer by the Purchaser operate n is waiver or any of the moms
Inspection. GOODS arc subject to the City affair Collins invitation on emend.
hereof.
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can r esult in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
amhward payment oa the pan of me City of Fiat Collies. However, it is to be understood thatFINAL
Seller and the Purchaser reampkie that in news[ economic practice, overcharges resulting Guns antitrust
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures
violations are in fact home 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 I at. Shipments most be F.O.O., City of Fort Collins, 700 Wood St., Four Collins, CO 80522. unless
acquired under federal or state antiwar laws for such overcharges relating to the particular goods or services
utherwise specified on this order. If permission is given 1. prepay freight and charge separately, the original Freight
purchased or acquired by the Purchaser pamount to this purchase order.
bit must accompany invoice. Additional charges for packing will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacturers have distdhutlng points is amom, purls of the country, shipment is
If me Purchaser directs the Seller to coned nonum4armir,or, defective goods by a date to be agreed .,no by the
expected from the nearest distribution point to destination, and excess freight will be deducted form Invoice when
Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
shipments are made from greater distance.
may cause the work to be performed by the most expeditions means available to it, and the Seller shall pay all
costs associated with such work.
Parent. Seller shall prorun at sellers sole cast all marrow, permits, certificates and licenses required by all
applicable laws, regulations, ordinances and mles of the state, municipality, territory or political subdivision where
The Seller shall release the Purchaser and its conrracmrs of any It., from all liability and claims of any time
the work is performed, or required by any other duly constituted public authority having jurisdiction over the work
resulting from the performance critters work.
and against all liability and l
m of vJor. Seller further agrees to hold the City of Four Collins harmless fmm loss
ncurmd by them by ratan of met asserted m established violation of any such laws, rrgulmions, modm noes, tales
This release shall apply even in the mat of fault of negligence of the party released and shall extend to the
and requirements.
directors, officers and employees ofsuch party.
Authoritarian. All panics m this contract agree Wt the representatives are, in fact, bow Ede and possess full end
complete amhodry to hind said panics.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance la the team and conditions w d
herein set forth and any supplementary or additional terms and conditions annexed hereto or incorpomtal herein by
reference. Any additional or different moms and conditions proposed by seller art objected to and hereby mjmtd.
2. DELIVERY,
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment in arrive on your
Promised delivery date as noted. Time is of the essence. Delivery and performance must be striated within the time
staled on the purchase order and the documents touched hereto. No was of me Purchasers including, without
limitation, acceptance terrorist late deliveries, shall Warm m a waiver ofthis provision. In the event crony delay,
the Purchaser shall have, in addition In other legal rid equitable remedies, the option of placing this order elsewhere
and holding the Seller liable for damages. However, the Seller shall not fee liable for damages as a result of delays
due to causes not readambly f m,azible which are beyond its reasonable control and without its fault of negligence,
such mts of God, act, ofcivil or military authorities, governmental priorities, fires, strikes, rood, epidemics, wars or
not, provided tom nonce ofthe 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 d re of delivery shall be
extmdal for the period equal to the time actually lost by reason of the delay.
3. WARRANTY.
The Seller warrants that all goods, aeicles, materials and work covered by this order will conform with applicable
drawings, specifications, samples at other descriptions given, will be fit for the pomades intended, and
performed with the highest degree of rare and competence in accordance with accepted standards for work of a
similar to.. The Seller agrees to hold the purchaser harmless form any lass, damage or ceparse which the
Porticoes may sufferer incur on amount of the Sellers breach of wvfonty. The Sella shall replace, repair in make
good, without cast to floc purehnscr, any defects or fault, arising within taw (I) year or within such longer peried of
time. may be prescribed by law or by the rem¢ orany applicable warranty pmvdr l by the Sella ma the door of
acceptance of she good fumishal hereta der (o omarsce tat to he umrssmably delayed), resulting from imperfect
or defective work done or materials f ishd by the Sella. Acceptance in use of goods by the Purchaser shall not
constitute a waiver of any claim and, this wama dy. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend so all damages proximately causal by rise breach of any of the bargain, wmmnties
in gumantas, but such liability shall in no event include loss ofpmfits or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY,
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal terms by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other than legal corms, including ddowns to or deletion from
the groutines oriytnmly ordered in the specirriumn or drawing, by verbal or written change order. If any such
change affects the amount due or the time of perfoaa mnce hereunder, an equitable adjustment shall shall be made.
6. TERMINATIONS.. t The Pumbascr may any time by wn.en change ardor, mrminne this agreement as to any or all per inn of the
goods than not shipped, subject to any equitable adjustment between the ponies in to any work or materials then in
,mg. provided that the Purchaser shall not be liable for any claims for anticipated profits on the mm omplad
portion of the goods vapor work, for incidental or consequential damages, and that no such adjustment be made in
favor of the Scher with reaper, to any Bards which are me Sellers standard stork. No such nomination atoll relieve
the Purchaser or the Seller of any oftheif obligation¢ as to any grads delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for djustment must be mo nd within nity, (30) days mind the dam dm change of termination is
ordered.
S. COMPLIANCE WITH LAW.
The Sella warrant, Nat all good sold hereunder shall have ban produced, sold, delivered and famished in strict
compliance with all applicable laws and regulatom to which the goods aft subject. The Seller shall execute and
deliver such documents as maybe required to effect or evidence compliance. All laws and regulations required to oc
imem,scaed in agreements of this charter. are hereby incorporated herein by this reference. The Seller agora to
indemnify and hold the Purchaser harmless fmm all casts and damages suffered by rate Purchaser as a result ofthe
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the
prior written consent of the other party.
10. TITLE.
The Seller warrants fall, clear and unraincted title to the Purchaser for all equipment, materials, and items furnished
n performance or this agreement, free and clear of any and all liens, restrictions, reservations, security interest
encumbrances and claims ofothcrs.
The Sellers ronrreclual obligations, including warranty, shall Out be dttmed to be reduced, in any way, because
such work is perfoamal or causal. he pert ed by the Purchaser_
14. PATENS.
Whenever the Sella is motored to use any design, device, ..,coal or process covered by huge patent, tmderark
r copyright, the Seller shall indemnify and save hmmlew the Purchaser fmm any and all claims for infringement
by reason of the nor of such patented design, device, material or pmaess in romsection with the contract, and
shall indemnify the Purchaser for any cost, expense or damage which it may he obliged to pay by mass. of such
infringement at any time during the prosecution or alter the completion of toe work. In case said equipment, or
any Part thereof or toe intended use of the goods, is in such suit held to contimte infringement and the use of
said equipment or part is enjoined, the Seller shill, at its own expense and at its option, either procure for the
Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but
noninfringing equipment, or modify it so it becomes noninfringing.
15. INSOLVENCY.
If the Seller shall become insolvent or bankmpt, make an naignment for the benefit of creditors, appoint a
receiver or aushe for any of the Sellers property or business, this order my forthwith be canceled by the
Purchaser without liability.
I& GOVERNING LAW.
The definitions ofternss used or the interyrttalio s ofthe agreement and the rights ofall parties hereunder shall be
converted under and governed by the laws ofthe Shim of Colomdo, USA.
The following Additional Conditions apply only in cases where due Sella is ro pcnbom work Icmunder,
including the sarvea of Sellers Reprtsrntative(s), on the premises afothers.
❑. SELLERS RESPONSIBILITY.
The Sella shall carry on said work in Sellers own risk until rise some is rally completed and accepted, and shall,
in rase of any accident, destruction or injury to the work andler matnaB before Sellers final completion and
acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchases. When materials
and ryiiipmen, are fcurnmd by odmrs for imtallatiran or cmaion by the Sella the Seller shall receive, unload,
some and handle same m the sire and became responsible therefor in though such materials and/or equipment
were being famished by Nc Seller under the order.
18. WSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including Occupational
disease benefits, to its employees employed on or in connection with the work covered by this purchase order,
maker to their dependents in accordance with the laws ofthe stare in which the work is to b, done. The Seller
shall also tarty comprehensive general liability including, but not limited to, contmcmal and automobile public
liability insurance with badly injury and devil, limits of at least 83W,000 6r any one person, 5500.000 far any
one accident and pmpeny damage limit per accident of 5400,000. The Seller shall likewise require his
if any, to provide for such compensation and in e. Before any of she Sellers or his contractors
employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a cenif cute
that such compensation and insurance have been provided. Such aciificeres shall specify the date when such
compensation and insurance have been provided Such cenificales shall specify the date when such compensation
and insurance expires. The Seller agrees that such compensation and in timnce dull be maintained until after the
entire work is completed ad accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility said liability for any and all damage, lass acidic, of any kind
r nature whatsoever to persons or property caused by or resulting fmm do, execution ofthe work provided fro in
this purchase order at in transaction herewith. The Sella will indemnity and hold harmless the Puulawar and any
or all of the Purchasers otiicat ,agents and employees fmm and against any and all claims, lasses, damages,
Charges or expenses, whether dirty or harmer. sd whether to persons or property to which she Purchase, may
be put or subject by reason of any im, action, neglect, omission or default on she part of the Sella, any of his
commemrs, or any of the Sellers or commcmrs oReers, it'. a empbyas. In ease by suit or other
proceedings shall be brought against the Purchaser, or its officers, agenn or employes at any time on account or
by reason of any act, action. neglect, omission or default of the Seller of any of his contmcmrs or any of its or
thew officers, agents or employees ss aforesaid the Sella hereby agrees an assume the defame thereof and to
defend the more at Ne Sellers own expense, to Pay any add all costs, charges, avomrys fair and other expcnsrs,
any and all judgments that may be, incurred by or obtained against the Purchaser or any of its or their oificat,
agents or employees in such suits or other proceedings, and in cave judgment or other lien be placed upon or
obtained against the property ofthe Purcatssa, or said parties in or a, a result elf such ruin or other proeeedings,
Re Seller will at are cause the sort. to he dissolved and discharged by giving bond or otherwise. The Sella and
his contractors shall take all safety Precautions, famish and install all guards necessary for the prevention of
ecident,, comply with all laws and regulations with regard to safety including, bus without limitation, the
Occupational Safety and Health Act of 1990 and all tales and regulations issued pursuant thereto.
Revised O7/3014