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HomeMy WebLinkAbout495134 HARMONY HAND AND PHYSICAL THERAPY - PURCHASE ORDER - 3215219PURCHASE ORDER PO Number Page CI�/ Of^OI Collins 3215219 1012 ' `t / Vns This number must appear " �7 on all invoices, packing sli s and labels. Date: 01/12/2015 Vendor: 495134 Ship To: WATER UTILITIES HARMONY HAND AND PHYSICAL THERAPY CITY OF FORT COLLINS 3744 TIMBERLINE RD, STE 103 700 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 2015 Blanket Order 1 LOT LS 6,000.00 Utilities 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 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 CONNERCIALDETAILS. Tax exemptions. By statute the City ofFort Collins is exempt from state and local taxes. Our Exemption Number is II. NONWAIVER. 98-04502. Federal Excise Tax Exemption Canniest, of Regimry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict Performance of the terms and conditions hermf, failure or delay w Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26. 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly modify the Seller in the event of a breach the acceptance of or payment for goods hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specification, either when shipped or due to defects of my of the sometimes or obllgmions of this purchase order arW shall =1 be deemed a waiver of any right of the der age in transit may he returned as you for coal and are act to be replaced except upon receipt of women purchaser to insist upon strict performance hereofos my of its tights or remedies as m my such goods, regardless instructions from the City of Fort Collins. of when shipped, received or incepted, as w my prior or subsequent default hereunder, nor shall my purported oral modification or «scission of this purchase order by the Purchaser operate as a waiver of my of the terms Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. hermf. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12, ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. Him eve, It is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting m antitrust fro ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore for good cause and m consideration for executing this purchase order, the Seller hereby assigns to the Purchaser my and all claims it may now have or hereafter Freight Terms. Shipments must he F.O.B., City of Fort Collins. 7M Wood St, Fort Collins, CO 80522, unless icuporad under federal or state antiutst laws for such overcharges relating m the patdwlar goods or services mlyanxim, specified on this oMe. If permission is given to prepay freight and charge separately, the..grail freight pmemscl or acquired by the Purchaser pursuant to this purchase ome, bill most accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various pant of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted (rant Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cast all necessary permits, cenificare and licenses required by all applicable laws, regulations, ordinances and pule of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly cormimted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against Al liability and lot endsincurred by them by reason of an assured or established violation of my such la, regulations, ordinencea, pules wsrequirements. Authonvtion. All parries to this contract agree that the representatives are, in fact, bona fide and posses full and complete authodry to bind said parties. LIMITATION OF TERMS, This Purchase Order expressly limits azcap.. to the wow and conditions stand herein sat Each and my supplementary or additional terms and conditions annexed harem or incorporated herein by reference. Any additional or different terms and conditions purposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE. PURCHASING AGENT immeforely if you cannot make complete shipment to active on ymt promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of parrot late deliveries, shall Operate as a waiver of this provision. In the event of my delay, Me Purchases shall have, In addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shill not he liable for damages as a result of delays due to causes not reasonably foreseeable which we beyond is reasonable control and without is fault of negligence, such acts of God, acts of civil or Milberg authorities, govemmmml priorities, fires, smory flood epidemics, was or mats provided that notice of the conditions .using such delay is g,van w the Purchaser within five (5) days of the time victim the Seller fiat received knowledge thereof In the event of my such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warro w that all good; articles, materials and work covered by this order will conform with applicable drawings, specifications, samples andgm other deemprons given, will be fit for the purpose intended, and performed with the highest degree of care and competence in accordance with accepted sundards for work of a imilar nature. The Seller agrees to hold the purchaser harmless from my loss, damage or apense which the Purchaser may suffer or incur on account of the Sellers breach of wananry. The Seller shall regime, repair or make good, without cost to the purchaue my defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms of my applicable warrant, provided by the Sal let after the time of acceptance of the goods rumored hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not institute a waiver of my claim order this warrmry. Except as otherwise provided in this purchase order, the Sellers liablliry, hereunder shall extend to all damages proximamly caused by the breach of my of the foregoing warrmdes or guarantees, to such liability shall in no event include loss of profs or less of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make chmgasto legal toms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes to the terms, other than legal terms, including additions to or deletions from Me quantities originally ordered in the specifications or drawings, by veNal or written change order. If any such charge affects the amount due or the time of performance remember, an equitable adjustment shall be made. 6 TERMINATIONS, The Purchaser may at toy time by woman change order, terminate this agreement as to any or all portions of the goods them nor shipped, subject to my equitable adjustment between the panics as to any walk or materials than in progress provided that the Purchaser shall not be liable for toy claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which me the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller army of their obligations as to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT_ Any claim for adjustment most he asserted within from (30) days form the date the mange or temdnation is ordered. I. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, and, delivered and Famished in strict ompliance with Ol applicable laws and regulations ro which the goods are subject. The Seller shall execum and deliver such documents as may be required to 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 to indemnify and hold the Purchaser harmless from all now and damages suffered by the Purchaser As a read, of the Sellers failure to comply with such law. 9. ASSIGN`.ENT. Neither parry shall assign, number, or convry, this order, or my monies due or to become due hereunder without the prior written consent of the other parry. 10. TITLE. The Seller warrants full, clear and =restricted title to the Purchaser for all aguipatent normals, and items furnished in performance of this agreement free and clear of my and all liens, peuiction, reservations, assembly interest encumbrances and claims of others. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directly the Seller to correct nonconforming or defective goods by a data to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates Its inability or unwillingness to comply, the Purchaser may cause the work to 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 contractors of any der from all liability and taros of my nature resulting form the performance of such work. This release shall apply even in the event of fait of negligence of the party released and shall extend to the directors, officers and employee of such party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in my way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use my design, device. normal or process mvemd by letter, pazmt trademark or copyright, the Seller shall indemnify and one numbers beers the Purchaser form my and all claims for infringement by rcamn of the use of such patented design, device, material or process in connection with the wrrean, and shall indemnify the Purchaser for my cost, expense or damage which it may be obliged to pay by reason of such infringement at my dime during the prosecution or after the completion of the work. In case said equipment, or my pan thereof or the intended use of the goods, is In such suit held to conmimte infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either private for the Purchaser the right he continue using said equipment or parts, replace the same with substantially equal but noninfnnging ryuipmem or modify it w it becomes rwninfrioging. IS. INSOLVENCY. If the Seller shall resume insolvent or bankrupt, make an assignment for the benefit of crdlmrs, appoint e receives or trome for my of the Sellers property or business, this order may forthwith be caracoled by the Purchaser without liability. I6. GOVERMNGLAW. The definitions of terms used or the interpretation of the agreement and roe rights of all parties hereunder shall be wnstmd =der and govemed by rote laws of the State of Colorado, USA. The following Additions] Conditions apply only in cases where live Seller is to perform work hereunder, including the semi,. of Sellers Representatwds), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry an said work at Sellers own risk until the same is fully completed and accepted, and shall, in e of my accident, destruction or injury, to the work wagon mmerals Forum Sellers frail completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When maenals and equipment are fmished by others for instalotion or erection by the Seller, the Seller shall rcwive, =load, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occuparowl disease benefits, to its employees employed on or in connection with the work covered by this purchase order, will to their depmdens in ancordance 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 be, conuactmed and automobile public liability insurance wtM Mdily injury and death limits of G later EJng0.ro for any one person, 5500,000 for my one accident and property damage limit per accident of S400,000. The Seller shall likewise require his crommemars. if my. to provide for such compmsadon and ieunnce. Before any of the Sellers or his exameacmrs employees shall do my work upon the premises of others, the Seller shall famish the Purchaser with a certifera, that such carnprommors and insurance have been provided. Such c rtif.ms shall specify the date what such compensation and insurance have bent provided. Such certificates shall specify the time whom such compensation and insurance expire. The Seller agrees drat such compensation =d insurance shall be maintained until after the enure work is completed and accepted 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby summer the more responsibility and liability for my and dl damages loss or injury of my kind or nature whatsoever to persons or property roused by or resulting form the aeration of the work provided for in this purchase order or in connection herewith. The Seller will indemrfy and hold hetmles the Purchaser and my or all of the Purchasers oEcers, agents and employees form and against my and all claims, loses, damages, charges or expense, whether direct or indirect and whether to persons or property, to which the Purchaser may be put or subject by reason of my act action, neglect, omission or default on the pan of rare 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 he Purchaser, or its officers, agents or employees at any time on account or by reason of my act action, neglect omission or default of the Seller of my of his mntracmrs or my of its or their oRcan, agents or employees se aforesaid, the Seller hereby agree to assume the defense thermf and in defend the same 0 the Sellers own expense, to pay my and all cols, doge, momrys fees and other expenses, my and all judgments that may be incurred by M 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 obtained against the produry 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 01 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 Occupations] Saftty and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised O7/>_014