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HomeMy WebLinkAbout424639 BUSINESS CARD FACTORY - PURCHASE ORDER - 3215182PO PURCHASE ORDER 321518er Page City of PURCHASE 3215182 1012 `t C on all invoices, must appear CollinsJ on all invoices, packing and labels. Date: 01/12/2015 Vendor: 424639 Ship To: WATER UTILITIES BUSINESS CARD FACTORY CITY OF FORT COLLINS 1608 RIVERSIDE AVE ST #1 700 WOOD ST FORT COLLINS CO 80524 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 UOM Unit Price Ordered Extended Price 2015 Blanket order 1 LOT LS 8,000.00 Business Cards 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 Total 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 L COMMERCIALDETAILS. Tax exemptions. By minute the City of Fan Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Fdeml Excise Tax Exemption Can fieate of Registry 94-6000587 is registered with the Collector of Internal Revenue Denver. Colorado (Ref. Colorado Revised Stanotes 1973. Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit, may be mourned to you for credit and are not to be replaced except upm recant of women moundetwr from the Ciry of Fort Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on critical. Final Acceptance. Receipt of the merchandise, savicas or equipment in response to this order eon result in authonwd payment on the pan of the Cityof Pon Collins. However, it is to be undemtrod then FINAL ACCEPTANCE is dependent upon completion of all applicable required inspecum procedures. Freight Terms. Shipments must be F.O.B., City of Fort Collins, 900 Wood Se, Pon Collins, CO 80522. unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight bill most accompany invoice. Additional charges for packing will not be accepted. Shipment Dinmce. Where manufacturers have dimnbuung points in various par of the country, shipment is expected from the nearest distribution poor to destination, and excess freight will be deducted from Invoice when shipments we made from greater distance. Permits. Seller shall procure at sellers sole con all necessary, permits, ceMfcates and licenses required by of appliesNe laws. regulations, ordinances and rules of the sate, municipality, mrmmmry or political subdivision when the work is performed, or mortared by my other duly consimted public mortuary having jurisdiction over the work of vdor. Seller lumber agrees to hold the City of Pon Collins harmless from and against all liability and loss rcame red by them by amn of on comared or esablished violadon of my such laws, regulations, ordinances, roles and requirements. Authorization. All panics to this convant agree thar the representatives are, in fact, bona fide and posters full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and my supplementary or additional terms and conditions annexed hereto or incorporated 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 =nor make complete shipment to arrive m your promised delivery date as noted. Time is of the estcnce. Delivery and performance most be effectd within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as 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 of planing this order elsewhere and holding the Seller liable for damages. However, the Seller shall nor be liable for damages as a result of delays due to causes not memorably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts of civil or military authorities, governmental mium it, fires, stakes. Bend epidemics, wars or rims 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 there( In the event of my such delay, the date of delivery shall be extended for the period equal ro the time actually lot by reason of the delay. 3. WARRANTY, The Seller warmi that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples andor other descriptions given, will be fit for the purposes intended, and pedbrmed with the highest degree of care and competence Vat accordance with accepted sandards for work of a imilar natme. The Seller agrees to hold the purchaser hornless from any but, damage or expense which the Purchaser may suffer or incur on woman of the Sellers much of warranty. The Seller shall replace, repay or make good, without cost to the purchaser, my defects or tapirs arising within one 11) year or within such longer period of time as may be prescribed by law or by the terms of my applicable wwrmry provided by the Seller after the date of cceptance of the goods Furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials fumished by the Seller. Acceptance or use of goods by the Puahaser shall non constitute a soccer of my claim under this wurmry. Except as otherwise provided in this purmzae order, the Sellers liability hereunder shall extend wall damages proximately caused by the breach of my of the foregoing warranties or guarantees but such liability shall in no event include loss of profits or loss of use. NO INIPL1ED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by wruen change order. 5. CHANGES IN COMMERCIAL TERNS. The Purchaserterms, may make any changes to the other than legal terms, including additions w or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If my such change Officers the amount due a the time of performance hereunder. m equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to my or all portions of the goods then not shipped, subject to my equitable adjusment between the parties as to my work or materials then in progress provided that the Purchaser shall not be liable for my clams for anticipated profits on the uncompleted portion of the goods and/or wort, for incidentel or consequenda damages, and that no such adjustment be made in favor of the Seller with respect to my goods which we the Sellers standard stock. No such toryinmon shall relieve the Purchaser or the Seller of my of their obligations as to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirry (30) days from the date the change or Domination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and fumished in tact compliance with all applicable laws and regulations to which the goods are subject The Seller shall execute and deliver such documents as may be requital w effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees or indemnify and hold the Purchaser h ndies from all corms and damages suffered by the Purchaser in, a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or my monies due or m become due hereunda without the prior wnnen consent of the other party. 10. TITLE. The Sel let warrants full, clear and unrestricted title to the Purchaser for all equipment, matmals, and hems Furnished in performance of this agreement free and clew of any and all liens, restrictions, reservations, scurry interest encumbrances and claims mfothers. 11. NOSWAIVER. Failure of the Purchaser to insist upon seta performance of the terms and conditions hereof, fmlum or delay a exercise any rights or remedies provided basin or by law, failure to promptly notify the Seller in the event of a Dumb, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of any of the witrsomes or obligations of this purchase order and shall not be deemed a waiver of my tight of the purchaser a insist upon mina performance hersofor any of its rights or remedies as w any such goads, regardless Of when shipped, meamal or accepted, as to my prior or subsequent deficits hereunder, nor shall any puryanal oral dew ifcroom or rescission of this purchase order by the Purchaser operate as a waiver of my of the terms homer 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognim thre in actual ma uric practice, overcharges resulting from m,i,not violations are in fact home by the Purchaser. Theretofore, for good cause and u consideration for executing this purchase order, the Seller hereby worms to the Purchaser my and all claims it may now have or hereafter acquired under federal or state antitrust laws for such overcharges reining to the particular goods or sav oca purchased or acquired by the Purchaser pursuant to thus purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs tfe Seller to comet nonconforming or defective goods by a done w fix, agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability in unwillingness to comply, the Purchaser may cause the work in be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its conrarrs of my tier boom all liability and claims of any nature resulting from the performnce of such work. This release shall apply even in the event of fact of negligence of the party released and shall extend to the directors, officers and employees of such parry, The Seller's contractual obligadow, including vacancy. shall not be deemed to be reduced in my way, beence such work is parormd or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use my design, device, material or process covered by leueq parent trademark in copyright the Seller shall indemnify and save harmless the Purchaser boom my and all clams for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and Shall indemnify the Purchaser for my cos, expense or damage which it nay he obligd to pay by reason of such infringement at my time during the prosecution or after the completion of the wort In case said equipment or my pet mayor 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, a its own expense and at its option, either procure for the Purchaser the night in continue using said acupm®t or par, replace the same with substantially equal but noninfinging equipment or modify it so it becomes mninfnoging 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt make an assignment for the benefit of creditors, appoint a receiver or trustee for my of the Sellers property or business, this order may foMwith be cmceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and me rights of all pares hereunder shall be construed under and govemed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cosmi where the Seller is to peRatrm was hereunder. including the services of Sellers Representarive(s), on the premises ofothers. ❑. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own nsk until the same is fully completed and accepted, and shall, in ass of any accident, destruction or injury to the work and/or mateneds before Sellers fnai completion and wcep ss ce, complete the work st Seller's own expense and to the sonsbscomi of the Purchaser. When materials and equipment are fumished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or auipment were being fumished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease beceflo. to its employees employed on or in corutwtion with the work covered by this purchase order. and/or to their dependents in accordance with the laws of the stye in which the work is in be done. The Seller shall also carry comprehensive general liability including, but not limited an, contractual and automobile public liability insurance with bodily injury and death limits of at least $3WOW for any one person, 15W,000 for my one accident and property damage limit per wcident of S4W000_ The Seller shall likewise require his commarrom. if my, to provide for such compensation and insurance. Before my of the Sellers or his contractors employees shall do my work upon the premises of other, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provide. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificate, shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained mul after the enure work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire respirombi lily and liability for any and all 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 connection herewith. The Seller will indemnify and hold harmless the Purchaser and my or all of the Purchasers officers, agents and employees from and aganst my and all claims, losses, damages. charges or expenses, whether dire, or indirect and whether to persons or pcoperm w which the Purchaser may be put or subject by reason of my cot, action, neglect omission or defmh on the pan of the Seller, my of his contractors, or my of the Sellers or contractors officers, agents or employees. In case my our or other proceedings shell be brought agars the Purchaser, or its officers. agents or employees at any time on account or by reason of my ad action, neglect, omission or default of the Seller of my of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees w assume the defense thereof and to defend the same at the Sellers own expose, to pay my and all costs, charges, anomrys fees and other expenses, my and all judgments the, may be incurred by or obtained against the Purchaser or my of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other Jim be placed upon or obtained against the 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 band or otherwise. The Seller and his contractors shall take all safely precautions, fw,ish and install all guards Domesticity for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health All of 1970 and all rules and regulations issued pursuant therew. Retried 07I2014