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HomeMy WebLinkAbout254212 ABSOLUTE GRAPHICS INC - PURCHASE ORDER - 3215163Fort Collins PURCHASE ORDER PO Number Page 3215163 left This number must appear on all invoices, packing sli s and labels. Date: 0111212015 Vendor: 254212 Ship To: WATER UTILITIES ABSOLUTE GRAPHICS INC CITY OF FORT COLLINS 2518 MIDPOINT DRIVE #1 700 WOOD ST FORT COLLINS CO 80525 FORT COLLINS CO 80521 Delivery Date: 01/12/2015 Buyer: PAT JOHNSON 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 Ordered UOM Unit Price Extended Price 1 Logos for Utility uniforms 1 LOT LS 40,000.00 Blanket Order - 2015 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 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. COMMERCIAL DETAILS. Tax exemptions. By statute the City airport Collins is exempt from scale and local taxes. Our Exemption Number is I I. NONWAIVER. 98Ag502. Federal Excise Tax Exemption Cenifrcate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon most performance of the terms and conditions hero( failure or delay to Internal Revenue, Denver, Colorado (Ref Colorado Revised Statues 1973. Chapter 39-26, 110 (a). exercise any rights or remedies provided herein or by law, failLrc to promptly nobly the Seller in the event of a breach, the acceptance of or payment for goods hereunder or airports! of the design shall not release the Seller of Good Rejected. GOODS REJECTED due or fusion, to tea 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 transit, may be femmed o you for credit and are not to be replaced except upon mceipt of written purchaser to insist upon strict performance hereoforany ofies rights or remedies as to any such goods, regardless Instructions from the City of Fort Collins of when shipped, received or accepted, a to any prior or subsequem defmh hereunder, nor shall any pmponed oral modification or rescission of this purchase order by the Purchaser operate as a waiver of sty of the time Inspection GOODS are subject to the City of Fort Collins inspection on arrival. hereof Final Acceptance. Receipt of the merchandise, seances or equipment in response to this order can result in 12. ASSIGNMENT OF ANITFRUST CLAIMS, authorized payment on the pan of the City of Fail Collins. However, it is to be understood that FINAL Seller and the Purchaser recognise that in actual economic practice, overcharges resulting from Unionist ACCEPTANCE is dependent upon completion aid] applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore, for good cause and in 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 F.0 B. City of Fan Collins. 7W Wood St. Fort Collins, CO 80522, unless .,,cited under federal or state mthrnt laws for such overcharges relating 0 the particular goods or services otherwise spedfied on this order. If percussion is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most mcomomv invoice. Additional chances for oackine will not be accented. Shipment Divorce. Where manufacturers have distributing Winn in various parts of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greener distance. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and miss of the spite, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller funkier agrees to hold the City of Fort Collins harmless from and against all liability and loss usea incurred by them by rson of an asserted or established violation of any yeah laws, regulations, ordinances, toles and requirements. Auth oradion. All parties to this mntrazr agree that the represenotives are, in fact, bona fide and possess full and complete authority to bind said ponies. LIM] (AT10N OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions oared herein set toed and any supplemmury or additional terms and conditions mmexed herew or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected or and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted Time is of the ssence. Delivery and performance most be offered within the time stated an the Forefoot, order and the documents touched beret. No new of the Purchasers including, without limitation, acceptance ofpanial late deliveries, shall operate in a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages Us a result of delays due to causes not reasonably foreseeable which are beyond its reawnable control and without its fault of negligence, such acts of God, acts of civil or military amhanues, governmental priorities, firs, takes. Rood, epidemic, minor oats 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 my such delay, the date of delivery shall be extanded for rise period equal o the time actually Ion by reason of the delay. 3. WARRANTY. The Seller wooden that all goods, species, materials and work covered by this order will conform with applicable drawing, specifications, samples and/or other descriptions given, will be fit far she purposes intended, and performed with the highest degree of care and competence in accordance with accepted standard for work of a similar nacre. The Seller We. t hold the purchaser harmless from my loss, damage or expose which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair ar make good, without cast to the purchaser, my defects or faults arising within one (1) year or within such longer period of time as may be prambed by law or by the arms of my applicable warranty provided by the Seller after the data of acceptance of the goods furnished hereunder (acceptance not be unreasonably delayed), resulting from imperfect or defective work done or nowerrds furnished by the Sella. Acceptance in use of goad by the Purchaser shdl not constitute a waiver of any claim under this modify Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend an all damages proximately caused by the breach of my of the foregoing warranti, or guarantees, ben surf liability shall is no event include loss ofprofits or loss of us, NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. q. CHANGES IN LEGAL TERMS. The purchaser may make changes to legal terms by union change order. 5. CHANGES IN COMMERCIAL TERMS. The Probstrmay make my changes rye the terms, other than legal terms, including additions m or deletions from the 9umrtivesoriginally ordered of rise specifications or drawings, by verbal or women change order. If any such change disco the amount due or the time aI wifnnnmce hereunder, an quisssile adjustment shall be made. 6 TERMINATIONS. The Purchaser may in my time by ni change order, terminate this agreement as to my or all owners ens of the goods then not shipped, subject to my equitable adjustment between the parties as to my work or materials then in progress provided Nat the Purchaser shall not be liable for any claims for anridpared profits on the uncomplaed portion of the goods andtor 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 the Sellers standard stock. No such termination shall relieve the Purrhmer of the Seller of my of their obligations as m my gaud deliverml hereunder. ). CLAIMS FOR ADJUSTMF,NT. Any claim for adjustment miss be asserted within thirty (30) days fmm the dare rise change or tercnaman is noticed g. COMPLIANCE WITH LAW. The Seller warmts then if goods sold hereunder show have been produced, sold, delivered and furnished in strict compliance with of applicable laws and regulations to which the good are subject. The Seller shall execute and deliver such documents as may be required rye effect or evidence compliance. All laws and regulations rquired o be incorporated in agreements of this character are hereby incorpommd herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser a a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall coup, transfer, or convey this order, or my monies due or to became due hereunder without the prior written consent of the other party. 10, TITLE. The Sel let warrans full, clear and mociti fined title on the Purchaser for of equipment, materials, and items furnished in performance of this agreement free artd clear of my and all liens, restrictions, reservation, scruffy interest encumbrances and claims afothers. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Esher Purchaser direcs the Seller to cancer nonconforming or defective goods by a time to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates is inability or unwillingness to comply, the Purchaser may cause the work of be performed by the man expeditious means available to it and she Seller shall pay all owns associated wdh such work. The Seller shall odowi, the forcluser and is contractors of any tier from all liability and claims of any motor resulting Two she performance of such work. This release shall apply even in lire event of fault of negligence of the parry released and shall extend to she directors, officers and employees of such party. The Sellers contractual obligations, including warranty, shall our be deemed to be oeduced, in my way, because such .,it is performed or caused no be performed by the Purchaser. Ia. PATENTS. Whenever the Seller is required to use my design, device, informal or process covered by letter, parent, trademark or copyright the Seller shall indemnify and view hamdas the Purchaser from any and if claims for infringement by reason of the use of such parented design, device, matmal or process in connection 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 infringements at my time during the poessu fi n or after the completion of the work. In case said equipment. or my pan rhermf 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 its own expense and an its option, ,ogler procure for the Purchaser the right to continue using said equipment or parts, replace the same with mbstmtidly equal but noninfroging equipment, or modify it so it becomes noninfnnging. IS. INSOLVENCY. If Ilse Seller shall became insolvent or bmkmpt, make an assignment for the benefit of credlow, appoint a mcelver or trustee for my of the Sellers property or business, this order may foMwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation of the noeemmt and the rights of all parties hereunder shall be onstmed under and gevemed by the laws ofthe State of Colorado, USA. The following Adulthood Conditims apply only in cases where the Sella is to perform work hereunder, including the services of Sellers Represemative(s), on the premises of others. 10. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in e of my accident, ditrommon or injury o the work andror materials Wore Sellers find completion and acceptance, complete lire work at Sellers awn expense and to the satisfaction of the Purchaser. When pounds and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload, sore and handle same ar rise site and became responsible therefor as though such materials and/or quipment were being Furnished by she Seller under the order. 19 INSURANCE. The Seller shall, at his now expense, provide far the payment of workers compensation, including occupational disease benefits, to in employees employed on or in comecuon with the work covered by this purchase order, andsor to their depmdmts in accordance with the laws of the state in wbich the work is in be done. The Sella shall also carry comprehensive general liability including, but not Boiled I., wermacmal and automobile public liability insurance with badily injury and death limits arm least S303,000 for my one person. $500,00(1 for my one accident and property damage limit per accident of gugGr)(0. The Seller shill likewise require his contractors, if any, to provide for such compensation and insurance. Before my of the Sellers Orion contractors emplovees shill do any work upon the premises of others, the Seller shall famish rise Purchaser with a caeificate that such compensmon and insurance have been provided. Such certificates slid[ specify the date when such compensation and insurance have hem provided. Such certificates chat specify the doe when such compensation and insurance expir.. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby ro cs the entire responsibility and liability for my and ail damage, loss or injury of my kind or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in comecow. herewith. The Seller will indenuufy and hold harmless the Purchaser and my or Al of the Purchasers officers, agents and employees from and vitiator any 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 rtmon of my act action, neglect, omission or default on the pan of rite Seller, my of his contractors, or my of the Sellers or contractors officers, agents or employees. In case my suit or other proceedings shall be brought against the Purchaur, or in officers, agents or employes at my time on account or by reason of my act anion, neglect, omission or default of the Seller of my of his comrmtors or my of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to resume rise defense thereof and no defend the same at the Sellers owm expose, to pay any and all cash, charges, anomeys fees and other expenses, my and ail judgments that may be incurred by or obtained against the Purchaser or my of is or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or assured against rise Property wthe Purchaser, or said parties in or an a result of such suits or other proceeding, the Seller will at once cause the same so be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take of safety precautions, furnish and install all guard necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without [initiation, the Occupational Safety and Health Act of 1970 and Al rus and regulations issued pursuant thereto. Revised 012014