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HomeMy WebLinkAbout121752 UNITED REPROGRAPHIC SUPPLY INC - PURCHASE ORDER - 3215269Fort Collins Date: 0111312015 PURCHASE ORDER Vendor: 121752 UNITED REPROGRAPHIC SUPPLY INC PO BOX 5143 ENGLEWOOD CO 80155 PO Number Page 3215269 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 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 Printer supplies 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.00m 1 LOT LS 20,000.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terns and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By startle the City of Fort Collins , exempt from stale and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502, Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Studies 1973, Chapter 39-26,114 (a). a is any rights or remedies provided herein or by law, failure to promptly notify the Seller In the event of a ethe breach, acceptance of or payment for goods hereunder or approval ofthe design, shall not release the Rotor of Goods Rejected GOODS REJECTED due to failure to meet 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 reamed W you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hereofor any of its rights or remedies as no any such goods, regardless instructions from the City of Fort Collins, of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any, purported oral modification or rescission of this purchase order by the Purchaser operaw as a waiver of my of the terns Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services r equipment in response to this order con result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to he understood that FINAL Seller and the Purchaser recognize that in soda] a overchargesm is practise, overcharges resulting from timent i roe ACCEPTANCE is dependent upon completion of all applicable required inspectioupedures. violations are in fact home by the Purchaser. Therdefre, for good cause and as 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 mast be FOB,, City of Fan Collins, 900 Wood St, Port Collins, CO 80522, unless acquired under fbleal or slam antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. Upermissirn is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pmsumt to this purchase orde, bill must accompany invoice Additional charges for packing will not be accepted Shipment Distance. Where m nulaceren have distributing points in various pans of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deduced from Invoice when shipments are made from greater distance. Permits_ Seller shall Procure at sellers sale cast all necessary permits, cenificates and lirenses required by all applicable laws, regulations ordinances and roles of the state,municipality, terrier, or political subdivision where the work is performed, or required by any the, duly camatuted public authority having madnetiod over the work of vendor, Seller further agrees to hold the City of Fort Collins harmless from and agairat all liability and losa inc urred by them by reason of tin assumed or established violation of any such laws, regulations, ordinances, rules and requirements. Ardampation. All parties to this contract agree that the representatives are, in fact, bona fide and possess fall and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set fonlh and any supplementary or additional temps 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 ifyou cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance most be efi cted within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, accepdnce of partial law deliveries, shall operate as a waiver ofthis provision. In the event many delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option effluent, this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a read, of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligmce, such acts of God, acts abovil or military authorities, governmental priorities, fires, strikes, Rood, epidemics, wars or hots 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 data of delivery shall be extended for the period equal to the time actually lost by reason oflhb delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples andbt other descriptions given, will be fir for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or inwr on account of the Seller breach of wananly. The Seller shall replace, repair or make good, without cost to the producer, any defects or faults raising within one (I) year or within such longer period of time as may be prescribed by law or by the terms ofany applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not m 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 constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability M1meander shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits or 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 most by wrinm change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the qu--hies originally ordered In the specifications or drawings, by verbal or votow change order. If any such change affects tie amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by wri nso change order, terminate this agreement as to any or all portions of the goods then hat shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated prods an the uncompleted portion of the goods andler work, for incidental or consequential damages, and that no such adjustment be site in favor of the Seller with respect to any goods which are the Sellers standard clock. No such termirmic n shall relieve the Purchaser or the Seller of any tribei, obligations as to any goods delivered hereunder. 9. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all fresh, sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods we subject. The Seller shall execute and deliver such documents as may be required to effector 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 hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a remll of the Sellers failure to comply with inch law. 9. ASSIGNMENT. Neither party shall inside, transfer, or convey this order, or any monies due or In become due hereunder without he prior written consent of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted title 0 the Purchaser for all equipment, materials, and items famished in performance of this agreement, free end clear of my and ill lids, restrldimo, reservaders, security interest encumbrances and claims of.thers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser dire,, the Seller In coned nonconforming or defective goods by a data m 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 m be performed by the most expedilious means available to it, and the Seller shall pay all cos, .,,dated with such work. The Seller shall release the Purchaser and its contractors of any for from all liability and claims of any nature resulting from the performance clinch work. The release shall apply even in the event of fault of negligence of the puny mleased and shall extend to the directors, effects and employees of such petty. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by Inner, parent, trademark r copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Pushover for any cast, expense or damage which it may be obliged to pay by reason ofsuch infringement at any time during the prostration or after the completion of the work. In case said equipment, o, any pan thereof or the intended use of the goods, is in such suit held to constitute in[ ngemmt and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes nedinf rming. I S. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a uncover or braise for any of the Sellers property or business, this order may forthwith be canceled by the Pohuser without liability. 16. GOVERNING LAW. The definitions oft,.s used or the inter motion oftbe agreement and the rights of all parties hereunder shall be construed under and governed by the laws wife Sate ofC.I.d., USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Seller, Ri resenwtive(s), on Bepromises ofothers. 19. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in se of my accident, destruction or raja, to the work andfor materials before Seller's final completion and acceptance, complete the work at Seller's own expwse and to the satisfaction of the Puchaser. When materials and equipment ate famished by others for installation or erection by me Solid, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being finished by the Seller order he wide. 18. INSURANCE. The Seller shall, at h, awn expense, provide for the payment of workers compensation, including occupaoional disease bwefi,, m its employees employed on or in connection with the work covered by this purchase order, author to their dependents in accordance with the laws of the stare in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contactual and automobile public liability Insdcu se with bodily injury and death limits of at least $300,000 for any one person, 5500,000 for any one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his ontoemrs, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do my work upon the premises of others, the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have been provided Snob omifeste, shall specify the date when such compensation and insurance have been provided. Such comficuss shall specify the date when such compensation and wasurance expires. The Seller agrees that such compensation and insurance shall be abandoned until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or i jury or any kind or nature whatsoever a 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 any cr ill of the Purchasers effects, and fice, agents employees from sad against day and all claims, losses, damages, harges or expenses, whether direct or indifwt, and whether to persons or property d which the Purchaser may be put or subject by reason of my act, action, neglect, omission or default on the part of the Seller, any of his contractors, or my of the Sellers or contractors officers, agents er employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at my time on mooing or by reason of any act, anion, 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 ne assume the defense thereof add to defend the same at the Sellers own expense, to pay my and all casts, charges, ahomrys fees and other expenses, my and all judgments that may be incurred by or obtained against the P odswor or any of its or their officers, agents or employees in such suits or otber proceMings, and in case judgment or other for be placed upon or obtained against the property of the Purchaser, or said parties in or as a result of such sui, or other proceedings, the Seller will at once on. the same to be dissolved and disseli rged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, fmish and install all guards necessary for the prevention of accident, comply with all laws and regulations with regard to safety including, but without limitation, the Occupot onal Safety and Health Act of 1970 and all mles and regulations issued pmsumt thereto. Revised 07h2014