Loading...
HomeMy WebLinkAbout346159 EFFECTIVE MEDIA - PURCHASE ORDER - 3215206Fort Collins Date: 01/12/2015 Vendor: 346159 EFFECTIVE MEDIA PO BOX 270008 FORT COLLINS CO 80527 PURCHASE ORDER PO Number Page 3215206 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 01/12/2015 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price i 2015 Blanket Order Promotional Products 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 10,000.00 Total $10,000.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 680 Fort Collins, CO 80522-0580 rchgse Order Tennis and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fon Collins is exempt from state and local taxes. Our Exemption Number a 99-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Infrared Revenue. Drover, Colorado (Ref Colorado Revised Stomas 1973, Chapter 39.26, 114 (a). Goods Rejected. GOODS REJECTED due he falure to men opecificiames, either whim shipped or due an defects of damage in transit, may be recorded to you for credit and are tot to be replaced except upon receipt of women instructions from the City of Fon Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response he this order can reach in authodmd payment on the pan of the Ciry of Fan Collins. However, it is to be understood that FINAL. ACCEPTANCE is dcpmdent upon completion of all applicable required inspection procedures. Freight Terms. Shipments most be EQB. City of Fan Collins, too Wood St, Fan Collins, CO 90522, unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the anginal freight bill most accompany invoice. Additional charges for packing will toot be accepted. Shipment Brown. Where manufacturers have disoibu ring points in various pans of the country, shipment is expected from he nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sale cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of he sum, municipality, tetimry or political subdivision where the work is performed, or required by any other duly constituted public auhord, having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fan Collins harmless from and against all liability and loss adurred by them by reason of an warned or established violation of any such laws, regulations, ordinances, rules d requirements. Authodearian. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said Forties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions staged herein set forth and any supplementary or additional tennis and conditions annexed hereto or incorporated herein by reference. Any additional or different erms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment W arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance most be effected within the lime stand on the purchase order and the documents amachd hereto. No any of the Purchasers including, without limitation, acceptance of partial late deliveries, sh ell operate as a waver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplwing this order elsewhere and holding the Seller liable for damages. Hanover, the Seller shall not be liable for damages as a result of delays due to causes non reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of Gad, acts of civil or military authorities, governmental priorities, fires, strikes, flood epidemics, wars or nos provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the rime when she Seller first received knowledge thereof In Doe event of any such delay, the date of delivery shall be extended for the period equal to the time actually low by reason of the delay. 3. WARRANTY. The Seller warants that all goods, articles, materials and work covered by this order will conform with 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 standards for work of a imilar nature. The Seller agrees to bold the purchaser handless from any loss, damage or expense which due Purchaser may suffer or incur on account of the Sellers breach of watmry. The Seller shall replace, repair or make good without cost to the purchaser, my defects or faults arising within one (1) year or within such longer peered of time is may be prescribed by law or by he terms of any applicable werartty provided by the Seller after are time of acceptance of the goods f finished hereunder (acceptance not to be unreasonably delayed), ratting from imperfect or defective work done or materials furnished by the Seller. Acceprmce or use of goods by the Purchaser shall not constitute wandermy claim under Chia wananry. Except w otherwise provided in this purchase order, the Sellers liability hereunder sh shall extend an all damages event proximately caused fi the breach of any of the foregoing wodantia O guarantees, ban such liabilityshall In no even) include loss of props A 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 ta. by women change order. S. CHANGES DI COMMERCIAL TERMS. The Purebaser may make my changes to the terms, other than legal aura, including additions o or deletions from the quantities originally ordered in the specifications or drawings, by verbal or wrimen change order. If any such change affects the amount due or the time ofperfxmance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Prachaser may at my time by "men change order, mrrsinee this warconnew an to my or all portions of he goods Am not shipped, subject to my equitable adjusunent between the panic as to my work or materials Am in progress provided that the Purchaser shall not be liable for my clams for andcipard profits on the uncompleted portion of the goods mdlor work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect an my goods which are he Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations w to my goods delivered hereunder. t. CLAIMS FOR ADJUSTMENT. Any claim for adjtraanmt antra be ssened within Aid, (30) days from the dole the change or termination is ordered. g. COMPLIANCE WITH LAW. The Seller warrants An all goods sold hereunder shall have been produced, sold, delivered and furnished in sand 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 of evidence compliance. All laws and regulations required to be ncorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and held the Purchaser harmless from all costs and damages suffered by the Purchaser as s result of he Sellers failure to comply with such law. 9. ASSIGNMEM Neither parry shall assign, transfer, or convey this order, or my monies due or to become due hereunder without the ,no, writren consent of the other pony. 10. TITLE. The Seller warrands full, clear and mresuicted tide to the Purchaser for all equipment, material, and items furnished in performance of his agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims orations II. NONWAIVER. Falure of the Purchaser to insist upon strict performance of the terms and conditions herenf, failure or delay b any rights or comedies provided herein or by law, fal we to promptly notify the Seller in the event of a breach, com are acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of any of doe wanmtia so obligations of this purchase order ad shall ant be deemed is waiver of any right of the pmchwer to insist upon Ann performance hermfor any of its rights or remedies as to any such goads, regardless of when shipped, received or accepted, as to my prior or subsequent default heradow. nor shill any putpond oral m rchrcamew or rescission of this purchase order by the Purchaser operate in a waiver of any of the terms hereof 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economican produce, overcharges resulting from ounow violations we in fan home by the Purchaser. Theretofore fogood cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaer my and ail claims it may now have or hereafter acquired coder federal or Hard antitrust laws for such overchvges relating to the particular goods or services purchased or acquired by are Purchaser pursuanrto this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller Acrealter indicates its ideality or unwillingness to comply, the Purchaser may cause the work m be performed by the anon expeditious means available to it and the Seller shall pay ill cos¢ associated with such work. The Seller shall release the Purchaser and its coneaccors of any tier from WI liability and dams of any nature trotting from the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors. officers and employees of such parry. The Settees contractual obligation, including academy. shall not be deemed m he reduced in any way, because such work is performed or caused to be performed by the Purchaser. 14, PATENTS. Whenever the Seller is required w use my deign, devote, mammal or proaas covered by letter, patent trademark or copyright he Seller shall indemnify and save harmlen the Purchaser from any and all clams for infngamenl by reason of the use of such parented design, device, material or process in connection with the contract, and shtl indemnify the Purchaser for any cost expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or the intended ose of the goods, is in such suit held to mrmimm infringement and the use of sad quipmeat or pan is enjoined, the Seller shot, at its own expense and a its option, either procure for the Purchaser the tight to continue using said equipment or parts, replace the same with substantially equal but decintrolling equipment or modify it so it becomes ooninfnging. IS.INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or troche for any of the Sellars 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 she agreement and the rights of all parties hereunder shall be construed under and governed by he laws of the Some of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Representatives), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted- and shall, in case of my accident, desoudon or injury to the work harbor maerials before Sellers final completion and acceptance, complete the work at Sellers own expense and to he satisfection of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seller, he Seiler shall receive, tmload. were and handle same or the site and become responsible therefor as though such materials andrar equipment were being famished by the Seller under the order. 19 INSURANCE. The Seller shall, at his own expense, provide for he payment of workers compensmion, including occupational disesse benefits, to its employees employed on or in connection with the work covered by his purchase order. and/or to their dependm¢ in mmrdance with the laws of are sure in which the work is he he done. The Seller dull also carry comprehensive general liability including, but not limited ex, contractual and automobile public liability insurance with bodily injury and death limit' of at least f3 W,OW for my one person, 5500,000 for my one accident and property damage limit per accident of SUG.". 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 do my work upon the premises of others, she Seller shall famish he Purchaser with a eertificate the such compmsation and insurance have been provided. Such urdficates steal specify the date when such ..,..am and insurance have now provided Such cemfiewas shal specify he date when such con meaner on and mnormce expires. The Seller agrees that such mmpe asmon and ivuranee shall be manuited mul after tic entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. 'The Set let hereby assumes the entire responsibility and liability for any and all damage, loss or injury of my kind r nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in correction herewith. The Seller will indemnify and hold harmless the Purchaser and my or all of he Purchasers abiders, agents and employes from and against any and all chat nits, losses, damages. charges or expanses, whether direct or indirect and whether to persons or property, he which the Porchaur may be put or subject by reason of any act action, nal leer omission or default on the pan of he Seller, my of his conmacmrs, or my of the Sellers or comments officers, agents or employees. In case my suit or other proceedings shall be brought mamrthe Purchase, 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 in or their officers, agents or employees as aforesaid, the Seller hereby agrees o assume the defense thereof and to defend the same at the Sellers own expense, ro pay my and all costs, charges, attorneys feu and other expenses, my and all judgments that may be incurred by or obtained against the Purchaser or my of its or their officers, agents or employees in such suits or other ioncie ings, and in case judgment or other Tim he placed upon or obtained against the Isometry of the Purchaser, or said parties in or w a rash of such salts or other procedings, the Seller will m once cause the same to he dissolved and discharged by giving bond or otherwise. The Seller and his contractors shill take all safety precautions, furnish and install all guards necessary for the prevention of accidents, comply with all laws and regulations wih regard to safety including, but without liandaiod the Occupational Safety and Health Act of 1970 and ell rules and regulations issued pursuant thedero. Revised 07a014