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HomeMy WebLinkAbout113019 SUTHERLAND LUMBER & DESIGN GALLERY - PURCHASE ORDER - 3215265Fort Collins Date: 01/13/2015 PURCHASE ORDER PO Number Page 3215265 1 of 2 This number must appear on all invoices, packing sli s and labels. Vendor: 113019 Ship To: WATER UTILITIES SUTHERLAND LUMBER & DESIGN GALLERY CITY OF FORT COLLINS 2100 E PROSPECT RD 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 UOM Unit Price Extended Ordered Price 1 2015 Blanket Order 1 LOT LS 8,000.00 Misc. 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.mm 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 1. COMMERCIALDEfAILS. Tax exemptions. By statute the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Number U I L NON WAIVER. 9841502. Federal Excise Tax Exemption Certificate of Registry Bq-6000587 is registered with w Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, faihue or delay to Internal Revenue, Deaver, Colorado (Ref. Colnwdo Revised Statutes 1973, Chapter 39-26.116 (a). exercise any rights or remedies psvaded herein or by law, failure to promptly ratify she Seller in the event of a breach. the acceptance ofor payment for good hereunder or approval ofNe deign, shall not review the Seller of Goods Rejection. GOODS REJECTED due to failure to meet specification, either when shipped or due to defects of any of the warwnties or obligation of this Function, order and shall not that deemed a waiver of my right of the damage in nanit, may be reamed in you for mad, and arc not an be replaced except upon receipt of wrinrn purchaser to iris' upon strict perfmmanco berrefor any of its rights or remedirs as in my such goods, regardless instructions fmm the Ciry of Fort Collins. of when shipped, received or mceptal, as to my prior or subsequent default hereunder, nor shall any pmponed real modification or rescission of this puohas, order by the Purchaser coast, as a waiver of any of the terms Inspection GOODS am subject to the City of Fort Collin inspection on arrival, hereof. parent is response In this oNer can crush in Final Acceptance. Receipt of the merchandise, stoics or equipmr 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment oa the an of the City of Fort Collins. However, it is m be undersmod metFINAL Seller and the Purchaser recopme that in actual ¢ rm is practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. r.Threto violations are in fact home by die Purchzseefore, four good cause and an consideration for executing this purchase order, the Seller hereby assigns to the Purchaser my and all claims it may now have or hereaner Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St, Fort Callus, CO 80522, unless acquired under Erhard or state antinu t laws for such overcharges relating to the particular goods or services otherwise specified on this order. If Permission is given to prepay freight and charge sclstely, the original freight purchased or acquired by the Puohaur pursuant to Nis purchase order. bill most accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. manufacturershave various parts of Ned shipment is ShipmentDistance.the Seller goodbya dategness mkagreed upon tk Per from distribution point to destination, and excess freight will k deducted firm Invoice wM1rn expected fmm the neareWhest todectstnbutingd excess inormtngmdebilityve and eSellsr, pure Sella thereafter w its iruccon, m urch and the Seller, mad to Seller thereaftert io and amply, fie Purchaser shipmens art made from greamr disuntt. ship from ilable it, may cause the work m ch pedbrmM by the most expedition ream available m i', and fie Sells shall pay all may caul expo costs asdeeiated with such work. Permits. Seller shall procure at sellers soda cast all pecips, renifistas and licenses required all temtory, or political w eesure, where laws, regulation, and sled of the state, The Seller shall release the Puichaur and its contractors of my atier from all liability and claims of any nnue d public authority ionsubdivisionthe by any oNer duly continued public nmhadry having jurisdiction over the work work i. performed, or sired by a the work i reulting fmm Ore perforname afsuch work. greet t from and againm all and loss of Seller further agrees m hold fie City Fort Collin hamay cricairy in urred b li I incurred by them by rwmn of m asserted or established violation of any such laws, mguls'iorq oMinncs, rules shall apply even i the of fault of negiigrnc< of the pray, relcaud and shall extend to the This tors, and rtquinemeats. o s rch p directors, otTicers and employees ofmch parry. Authorization. All parties to this contract agree that the representatives arc, in fact, been fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and condition stated hrrein set Earth and any supplementary or additional terns and conditions annexed hereto or incorporated herein by reference. Any addition:d or different tern and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASMG AGENT immediately if you cannot make complete shipment to active on your promised delivery date as noted. Time is ofNe essence. Delivery and Performance must be afraid within the time stated on the purchase order and the documents attached hereto. No rob of the Purchasers including, without limitation, acceptance officinal 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 ofplacing this order elsewhere and holding the Seller liable for damages. However, to Seller shall not k liable for damages as a result of delays due to causes not rwsonbly f reable which am beyond its mosonbde control and without its fault of negligence, such acts of God, acts ofcivil or military authorities, gmxmmrnml priorities, fires, spikes, flood, epidemics, wars or nob provided that make of the condition causing such delay is given to the Purchaser within five (5) days of the time what the Seller first received knowledge therouf. In the event of my such delay, the date of delivery rum[ be extended for the period equal m the time actually lost by reawn ofNe delay. 3. WARRANTY. The Sella wnrants their all goods, articles, materials and work covered by this order will conform wit app)iablc drawings, specification, samples andror other descriptions given, will k fit for IN, purposes amended, and performed with the highest degree of am and competence in arem ance with accepted sUndrd for work of a imilar nature. The Seller agrees to hold the purchare, harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller slsll regime, repair or make good, without cost to the purchase,, any defects or faults arising within one (1) year or within such longer period of time a, may be prescribed by law or by the tams crony applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting fmm imper[ m or defective work done or materials famished by the Seller. Acceptance or use of good by the Purchaser shall not institute a waiver of any claim under this warranty. Except as otherwise provided in 'his produce order die Sellers liabil it, hereunder shall extend to all 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 IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. a. CHANGES IN LEGAL TERMS. The Purchaser may make changes m legal terns by wriuen change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes to the more, other than Icgal irate, including addition to or deletion four the quantities originally ordered in the sperifiation or drawings, by vertical or wnnrn change order. If any such change aRects the amount due or the time of peRomtance hereunder, an equitable adjusment shall he made- 6. TERMINATIONS. The Purchaser may at any time by written change order, tantrum um this agreement as to any or all portion of the goods then not shipped, object many equitable adjustment between the panics as to any work or mmmals'him in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods ankor work, for incidental or consequential damages, and that no such adjustment k made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller ofamy oftheir obligations as to any good delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be married within thirty, (30) days from Ole date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold bermander shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and segulio om to which the goods oR subject. The Seller shall cawvm and deliver such documents as may be required to effector evidence compliance All Uses sand regulation required a be incorporated in agaecmens of this diameter are hereby incorporated herein by this reference. The Sella it•yea to indemnify and hold the Purchaser harmless f all costs and damages suffcaad by rate Purchaser as a result of the Sellers failus to amply with such law. 9. ASSIGNMENT. Neither pan, shall assign, transfer or convey this order, or any monies due or to become due hereunder without the prior written consent offe other party. 10. TITLE. The Seller warrants full, clear and unrestricted tide to the Purchaser for all equipment, materials, and items famished in perfo ramse of this agreement, free and clear or any and all liens, resmmion, reservations, security inmmot encumbrances and claims of others. The Sellers contractual obligation, including warranty, shall not Is, dermal m k reduced, in any way, became such work is performed or caused to be performed by the Producer. 14. PATENTS. Wheneverthe Seller is required to use any design, device, material or process covered by lena,, patent, trademark or copyright, the Seller shall indemnify and save himdess the Purchaser fmm 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 he Purchaser for any ant, expose or damage which it may be obliged to pagby 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 amended use of the good, is in such suit held to constitute infringement and the we of said equipment or on as enjoined, the Seller shall, at its own expense and m its option, either procure fir the Purchaser the right to continue using said equipment or pans, replace the same wit subdantially equal bat naninfringing equipment, or modify it so it becomes mninfnnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankmpl, make on assignment for Ore Foredo of creditors, appoint is receiver or miter for my of the Sellers property or business, this order may foMwith be canceled by fie punisher without liability. 16. GOVERNING LAW. The definition of.. sisal or the interprmatmor nick agreemcraat and the rights of all parties herender shall be contmed under and governed by the laws oft, State of Colomdo, USA. The following Additional Condition apply only in cases where the Seller is to perform work hereunder, including he services of S,11. Repreunmtiva(s), on the premises of others. 19. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully compleed and accepted, and shall, in case of any accident, destruction or injury in the work maker materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, timing, start and handle same at the sire and become responible manager n though such mammals mkor equipment ware king fumishal by the Seller under the order. 18. INSURANCE. Lou Seller shall, al his awn expense, provide for the paMan of workers compensation, including occupartai disease knfies, to its employees rmployed on or in comemion with the wank covered by this pmchasc order, i aka to their dependents in accoNantt wit the laws of the sate in which the work is to be done. The Seller shall also tarry comprehensive general liability including, but not homes to, mntrazrcial and automobile public liability imurance with bodily injury and drum limits of at least $300,000 for any nice prime, S500d000 for any one accident and pmproy damage limit per accident of 5100,O00. The Seller shall likewise require his contractors, ifus, no provide for such compensation and insurance. Refort my ofNe Sellers or his commences employees shall do my work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date what such compensation and insurance have been provided. Such certificates shall specify the date what such compensation and insurance expires. The Seller agrees that such compensation unit insurance shall be maintained until after the room work is completed end incepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss attract, of any kind or nmte whensoever to persons or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith The Sella will indemnify and hold homeless the Purchaser and my or all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, shorts or expenses, whether direct act indirect, and wherher to person or pmpmry to which the Purchaser may he put or subject by reamn of any act action, neither. omission or default on the part of the Seller, my i ghis commetoq m any of die Sellers or contractors officers, agents or employers. In cats any suit or other proceedings shall be brought against the Purchaser, or its oRcers, agents or employees at any time m around or by reason of any act. action, negire , omission or default of the Seller of my of his contractors or any of its or Iheir oRcers, agents or employees as, aforesaid. the Seller kreby agrees in assume the defense tkrmr and to defend the same at the Sellers own wpene, to pay my and dl costs, charges, moneys fees and other expenses, my and all judgments for may be musical by or olm nal against the Purchaser or any of its m their officers, agents or employees in such suits or other pocredings, and in race judgment or other lim the, placed upon or obtained against the property ofthe Purehaser, or said pries in or as a result of och suits or other proceedings, the Seller will at once cause the same to k dissolved and discharged by giving bond or otherwise. The Seller and his commemrs shall take all safety precaution, famish and inmll all gmords neerssry for the prevention of accidents, comply wit all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rates and regulation issued pursuant forma. Revised 09ROI4