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HomeMy WebLinkAbout446453 PRINT IT LLC - PURCHASE ORDER - 3215254PO PURCHASE ORDER 321525er Page City. of15254 torz ' `F6rt CollinsI on all invoices, pacst king V on all invoices, packing �slips and labels. Date: 01/12/2015 Vendor: 446453 PRINT IT LLC 154 W MOUNTAIN AVE FORT COLLINS CO 80524 Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 01/12/2015 Buver: 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 Extended Ordered Price 1 2015 Blanket Order Printing 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 20,000.00 Total $20,000.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Page 2 of 2 1. COMAERCIALDETAILS. Tax exemptions. By statute the City of Fog Collins is exempt from state and local taxes. Our Exemption Number is 11. NON, AIVER. 99-04502. Federal Excise Tax Exemption Certificate of Registry 94-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, falling or delay to Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1971, Chapter 39-26. 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller of Cmods Rejected. GOODS REIECTED due to failure he men specification, either when shipped or due in defects of any of the warranties or obligations of this purchase order and shall not be deemed a waver of coy right of the damage in transit may be trimmed to you for resit and are cos to be replaced except upon tempt of wnnen purchaser to insist upon strict performance hereof or any of in rights or remedies as to any such goods, regardless instructions from the City affair Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any puma ed oral modification or rescission of this purchase order by the Purchaser operare ar a waiver of any of the terms Inspectiorn GOODS art subject in the City of Fog Collins inspection on devil, hereof Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUSTCLAIMS, authorized payment on the pan of the City of Too Collins. However, it is 10 be understood Nat FINAL Seller and the Purchaser tewgniae that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for exwudng this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or become Freight Teems. Shipments must be F.O.B.. City of Fort Collins, 700 Wood St, Fog Collins. CO 80522, unless acquired under Bdend or gate antitrust laws for such overcharges relining ro the particular goods or services otherwise specified oa this aide,. If peerrunnon is given to prepay, freight and charge separately, the original freight purchased or acquired by the Furtherer pursuant to this purchase order. bill man accompany invoice. Additional charges for Lacking will trot be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing ponds in vmious pars of the century. shipment is Wthe Pardoner domots the Seller to conest nonconforming or defetive goods by a date be be agreed upon by Ae expected from the nearer distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates in mobility or unwillingness to comply, the Purchaser shipments are made Sam greater distance may cause the work 1. be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, cenificaws and licenses required by all applicable laws, regulations, ordinances and rules of the state, 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 further agrees to hold the City of per Collins hamdess from and against all liability and loss wind by them by «awes of an awned or asu blons vialadcn of any such laws, regcarmn, ordinances, ale and reqWremenn. Aufonntion. All parties to this centran agree that die representatives are, in fact, bona fide and possess full and omplew aWromy in bind said parties. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terms and conditions stated herein set barb and any supplementary or additional terms and conditions annexed harem or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected ro and hereby rejected. 2. DELOTRY. PLEASE ADVISE PURCHASING AGENT immediately if you camrot make complete shipment to arrive on yew promised delivery date as noted. Time is of the essence. Delivery add performance most be effected within the time sword on the purchase order and the documents anached hereto. No acts of the Purehaurs 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 in Other legal and equitable remedies, the Option of plwng this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes rim reasonably foreseeable which are beyond its reasonable control and without in fault of negligence. such arts of God, acts of civil or military authorities, governmental pnorities, Erred, st kes, Flood epidemics, warsor riots provided that notice Of the conditions cawing 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 date of delivery shall be extended for the period equd to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller womnrs Oat all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, temples codger other descriptions given, will be fir for the proposes intended, and performed with the highest degree of care and competence in accordance with accepts standards for work of a similar nature. The Seller agrees re hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur an account of the Sellers breach of warranty. The Seller shdl replace, repair or make good, without cost be the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be preacribed by law or by the rein of any applicable warranty provided by the Seller diet the date of acceptance of the goods furnished hereunder (acceptance not toe unr easonably delayed), reacting from imperfect or defective work done or materials furnished by the Seller. Acceptance or vse of goods by the Purchaser shill trot cowtimw a waiver of any claim codes this warranty. Except On otherwise provided in this purchase order, the Sellers liability, hereunder shall extend in all damages proximately caws by the breach of my of the foregoing warranties or guarantees, but such liability shall in no event include loss of pmfin or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. a. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terns by women change order. 5. CHANGES IN COMMERCIAL TERNS. The Produce may make any changes to the terms, other than legal toms. including additions an or delesions from the quantities annually ordered in the sp y fiwtiorw or nowrip, by verbal or women change order. If any such change affects the amount due or the time of performance hereunder, an equitable adjwwent shall be made. 6. TERMINATIONS. The Purchaser may at any time by wr change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the parties in to any work or materials then in progress pmnded that the Purchaser shall not be liable for any claims for anticipated profits on the =completed 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 good which are the Sellers sumbr d stock. No such termination shall relieve the Parching or the Sella of any of fair obligations as to any goods delivered hereunder. 1. CLAIMS FOR ADIUSTME,NI. Any claim for adjustment must be wsened within thirty (30) days fmm the date the change or amination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and famished in strict compliance with ail applicable laws and teguldcon to which the good are subject. The Seller shall execute and deliver such documents in may be required to effect or evidence compliance. All laws and regulations required to he incorporated in Waterman of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from ail costs and damages suffers by the Pwchaur as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT Neither parry shall cosign, transfer, or convey this order, or any monies due or to become due hereunder without the prior women consent of the other parry. 10. TITLE. The Seller wanans full, clear and rrrd,trictm tide to the Purchaser for all equipment, materials, and items furnished in performance of this agrermentt free and clear of coy and all liens, reri inions, reservations, security, musical encumbrances and claims ofotheor The Seller shall release the Purchaser and is contractors of any tier from all liability and clams of any nature resulting fmm the performance ofsuch work. This release shall apply gout in the event of faWt of negligence of the parry released and shall extend to the dirxmrs, otTcers and employeesof such parry. The Seller's conmwual obligations, including warranty, shall not be dimmed to be reduced, in coy way, because such work is performed or caused to be performed by the Purchaser. It,. PATENTS. Whenever the Seller is required to use coy design, device, amoral or process covered by lever, patent, trademark or copyright the Seller steal indemnify and save hamdess the Purchaser from any and all claims for infringement by reason of the we of such patents design, device, mammal or process in correction with the contract, and shall 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. N case said equipmes, or any pan thereof or the intended we of the goods, is in such suit held to command Ofnngemmt and the use of said equipment or pan is enjoined, the Seller shall, in in own expand and at in opti=, eiher procure for the Purchaser the right to continue wing said equipment or parts, replace the game with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15.INSOLVENCY. If the Seller shall become insolvent or bankrupt make an assignment for the benefit of creditors, appoint a recover or vu.w for any of the Sellers part or business, this order may forthwith be canceled by the Punchiest without liability. 16, GOVERNING LAW. The definitions ofterms used or the intetprewtion of the agoo meet and the rights of ail parties hereunder shall be construed under and governs by the laws of the State of C.Imado, USA. The following Additional Conditions apply only in owes where the Seller is to perform work hereunder, including the services of Sellers Representative(s), on the premises of others. ❑. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in rase of any accident degmction or injury to the work and/or martinis before Sellers find completion and acceptance, complete the work ad Sellers own expense and to the satisfaction of the Purchaser. When margials and equipment are famished by others for insWlauon or erection by the Seller, the Seller shill receive, unload, store and handle same at the sire and become responsible therefor as though such materials and/or equipment were being famished by the Seller order the order. 18. INSURANCE. The Seller shill, at his awn expense, provide for the payment obviation compensation, including Occupational disease benefits, to in employees employed on or in connection with the work covered by this purchase order, and/or to their dependrns in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive gmerd liability including, but not limited m, commercial and automobile public liability insurance with bodily army and death limnve of in least $300,00) for tiny one person, $500,000 for any one accident and property damage limit per accident of Squo.uuo. The Seller shall likewise require his commoners. if any, to provide for such comrmarmon and insurance. Before any of the Sellers or his contractors employee shall do any work upon the premises of others, the Seller shall famish the Purchaser with a cenificate Oat such compensation and insurance have been provided. Such certificates shall specify the data when such compensation and insurance have been provided. Such certificates shall specify the date whrn such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the uric a weak is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assume the enure resporodoliry, and liability for any and all damage, loss or injury of any kind or nature whatsoever in persons or praperry caused by or restating from the execution Of the work provide for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Londoner and any or all of the Purchasers officers, agars and employees main and strong coy and all daltn, logo, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, coy of his contractors, or any of the Sellers or contractors officers, agents or employees. In case coy suit or other proceedings shill be brought aging the Purchaser, or in officers, agents or employees at any time on account or by reason of coy act action, neglect omission or default of the Seller of any of his contractors or any of in or their officers, agents or employed, as aforesaid the Seller hereby agora to assume the defense thereof add to defend the same at the Sellers own expense, m pay any and all down, charges, mtom ys Tea and other expenses, any and all judgments Our may be in erred by or obtained again. the Purchaser or coy of in or their Officers, agents or employees in such scar or other proceedings, and in case judgment or other lien be placed upon or obtained apart the property of the Purchaser, or said paper in or in a tact of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, furnish and in.al all Guards necessary, for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limiati0q the Occupational Safety and Health An of 1970 and ail radds and regulations issued pursuant thereto. Revised 07n(314