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HomeMy WebLinkAbout113973 NATIONAL SPEAKER & SOUND - PURCHASE ORDER - 9141839PO PURCHASE ORDER 914183er Page City of PURCHASE 9141839 1 of z ' `t Collins Ins This number must appear v ` on all invoices, packing sli s and labels. Date: 0111412015 Vendor: 113973 NATIONAL SPEAKER & SOUND 1559 S BROADWAY DENVER CO 80210 Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS CO 80521 Delivery Date: 04/01/2014 Buyer: WILSON, JILL Note: Reference 7597 Senior Center AV Project Agreement. Line Description Quantity UOM Unit Price Extended Ordered Price 3 Change Ordre No. 2 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 EA 4,050.00 Total 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. COMMERCDU.DEPAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NON WAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-(00058] is registered with the Collator, of Failure of the Purchaser to insist upon strict performance of the team and conditions hereof, failure or delay to Internal Recount. Denver, Colorado (Ref. Colorado Revised Statutes 1923, Chapter 39-26. 114 (Q, exercise any rights or remedies provided herein or by law, failure in promptly codify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of Good Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defecb of eery of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in town, may be retuned to you for credit and art nor to be replaced except upon receipt of written purchaser to insist upon strict performance hereofor any of its rights or remedies as to any such grid, regardless transactions from the City of Fiat Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, no shall any parportcd oral modification or rescission of this patches, and, by the Parchasef operate as is waiver of any of the terms Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS, authorized paymeal on the part of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact Name by the purchase, Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchase any and dl claims it may now have or hereafter Freight Terms. Shipments mint be F.O.B., City of Fort Colliers, 700 Wood St, Foe Collins, CO 80522. to. acquired under federal ar mile antitrust laws for such merehagm relining to the particular goods or services otherwise specified ma this order. If permission is given to prepay freight ed charge separately, the original fight purchased or acquired by the Purchaser pursuant to this purchase orde, bit must avernmanv invoice. Additional chargm for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected from the nearest distribution point to destination. and excess fight will be deducted from Invoice when shipments we made from greater distance. Permits. Seller shall procure at sellers to coal all necessary permits, cenificmes end licenses required by all applicable laws, regulations, ordinances and roles of the state. municipality, territory or pol iticd subdivision where the work is performed, or co,ir d by any Other duly onstimted public authority having jurisdiction aver the work of vendor. Seller fuller agrees to hold the City of Fort Collins Insiders from and against all liability ad loss incomes] by them by reaon of an asserted or established violation of any such laws, regulation, ordinances, roles and requirements. Amburizmiou. All parties m this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stared herein set foM and any supplementary or additional terms and conditions annexed hereto in incorporated herein by reference. Any additional ar different toms and mnditions proposed by seller we objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCIIASWG AGENT immediately if you cannot make complete shipment in arrive on your promised delivery, date as noted. Time is of the essence. Delivery and performance most be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Parchment including, without limitation, acceptance ofpvtial late deliveries, shall operate as a waiver of this provision. In the event ofany ddir, , the Purchaser shall have, in addition to other legal all equitable remedies, the option ofplwing this order elsewhere and holding the Seller liable for damages. Ihowever, the Seller shall not be liable for damages as a result of delays due in causes not reamnably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts ofcivil or military authorities, governmental priorities, fires, strikes, Rood, epidemics, wars or hots provided that notice of the conditions coming such delay is given to the Purchase within five (5) days of the time when the Seller first received knowledge therof In the event of any such delay, the date of delivery shall be extended for the period equal to the same actually lost by reason ofihe delay. 3. WARRANTY. The Seller warrenty that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples anNo other descriptions given, will he fit for the proposes, interdW, and performed with the highest degree of care ad competence in accordance with accepted standard for work of a similar nalure The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffix or incur on account of the Sellers breach of watmnty. The Seller shall replace, repair or make good, without cast to the parchaseq any 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 any applicable warranty provided by the Seller after the date of acceptance of the good flourished borrower (acceptance not to be ameasonably delayed), resulting from imperfect in defective work done or materials fmuhed by the Seller. Acceptance or are of goad by the Purchaser shall not omtitute a waiver of my claim wrier this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend t0 all damages proximately caned 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 B4 LEGAL TERMS. The Purchaser may make changes to legal terms bywrilten change order 5. CHANGES IN COMMERCIAL TERMS. The 11 cl acr may make imy changes m the mmrs, other than legal terms, ice lading additions to or deletion, from the quamifiw originally ordered in the specifications or drawings, by venial or written change order If any such change offer. the amount due or the time Ofperfocmance hereunder, an equitable adj..t shill be made. 6. TERMINATIONS. The Purchaser may at any time by written change Order, terminate this agreement as to any or all portions of the goods then not shipped, subject many equitable adjastmenr between the panics as to any work or materials then in progress provided that the Purchaser shall car be liable for any claims for anticipated profits an the uncompleted portion of the good and/or work, for incidental or consequential damages. and that an such adjustment M made in favor c f the Seller with r epect to my good which we the Sellers standard stock. No such termination shall mlieve the Purchaser or tee Seller ofoy of their Obligations as, to any good delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim far adjustment must be reserved within thirty (30) days from the date the change or temrinntion is Ordered. 8. COMPLIANCE WITH LAW. The Seiler warrants that all goad sold hereunder shall have been produced, sold, delivered and f mished in strict compliance with all applicable laws and regulations m which the goods we subject The Seller shall execute 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 chameter are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from at rots and damages suffered by the Purchuser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other parry. 10. TITLE. The Seller warms full, ilea and unrestricted title 1m the Purchase far all cgxi meal. materials, and items famished in performance of this agreement, free and clew of any and all diem, restrictions, raservations, security interest encumbrances od claims ofothers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to cancer nonconforming or defective gaols by a date to be agreed upon by the Pashow and the Seller, and the Seller thereafter iMiwles 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 Seiler shall Pay all casts associated with such work. The Seller shall release the Purchaser and its cormacm , of any tier from all liability and claims of any nature resulting from the performance clinch work. This relrasc shall apply on in the event of fault of mgligrnce of the party mleuM and shall extend to the directors, olfierrs and employees ofsucb party. The Sellers ontracmal obligations, including warranty, shall our be deemed to be reduced, in any way, because such work is Performed or caused to be perfumed by the Purchaser. 14. PATENTS. Whenevv the Seller is required to use any design, device, material or process covered by letter, potent, trademark or copyright, the Seller shall indemnify and save harmless the Purchase 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 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 day, Intended use of the goods, is in such soil held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense all al is, option, either procure for fe purchaser the right to continue ming said equipment or pans, replace the same with substantially equal but wrinGnging equipment, or modify it sat it becomes noninGnging. 15. INSOLVENCY. If the Seller shall become involvem or bamkmpt. make an assignment for the benefit of creditors, appoint a rereaver ar trustee for any of the Sellers proton or bminas, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definition of terms used or the interpretation Of the agreement and the rights oral parties hereunder shall be committed ender and governed by the laws fthe State afColorado. USA. The following Additional Conditions apply only in cases where the Seller is to perform wok hereunder, including the services of Sellers Representative(s), an the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry an said work at sadices own risk until the same is fully completed and accepted, and shall, in case of nay accident, destruction or injury to the work rondo maleink before Sell&, final completion and wo,wounce, complete the wok at Selloes own expense, and to the satisfaction of the Jamboree. When marerids and equipment are famished by others for installation in criterion by the Seller, the Seller shall raeive, valoed, store and handle same at the site and become resporssible therefor as though such nationals andfor equipment were being f (shed by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide fm the paymenr of workers compensation, including ocrnpatianal disease bandits, to its employees employed on or in connection wish the work overed by this purchase order, andor m their dependents in accordance with the laws of the state in which the wok is to be done. The Seller shall nlm crazy comprehensive general liability Includin, but nor limited to, comrecmal and automobile public liability insurance with budily injury and death limits of at lessr $300,0iU for my one person, S500,000 for any one acsidem and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, Harry. to Provide for such compensation and insurance. Before any orthe Sellers or his contractors employees shall do any wok upon the promise, of others, the Seller shall famish the Purchaur with a certificate that such compensation and insurance have been provided. Such certificates shall specify to date when such compensation and insurance have been provided. Such ecrtificaus shall specify the dam when such ompensmim and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until afar the entire work is completed and aoeptd. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumm the attire responsibility and liability for any said all damage, loss or injury of any kind or nature whakoever to persoas or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers offers, agents and employees from all against any and all claims, losses, damages, charges or expenses, whether direct Or indirts. and whether m persons or property m which the Purchaser may ed put in subject by commit of any act, action, neglect, omission or default on the pan of the Seller, any of his contractors, m tiny of the Sellers ar o ntracrors officers, me. Or employms In case any suit or other proceedings shall be brought against the Purchase, or its officers, agenda or employees at eery time on account or by reason of my act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their offivers, agents or employees as aforesaid, the SoRw hereby agrees to assume the defense therof and to defend the same at dire Sellers own expense, to pay any and all carts, charges, attemi s fees and other expenses, my and all jud onews that may be incurred by or obtaimd egaiml the Purchaser or any of its or three officers, agents or employes in such suits or other proceedings, and in case judgment or other lien be platted upon or obtained against she property ofthe Purchaser, or said parties in or as a result of such wics on other proceedings, the Seller will al once cause the same to be dissolved and dischmged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guard necessary for the prevention of accidents, comply with all laws all regulations with regard to safety including, but without limitation, the Courpaticnal Safety and Health Art of 1970 cad all roles east regulations issued pursuant thereto. Revised 07R014