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HomeMy WebLinkAbout102622 POUDRE SCHOOL DISTRICT - PURCHASE ORDER - 9150434Fort Collins Date: 01/16/2015 Vendor: 102622 PURCHASE ORDER POUDRE SCHOOL DISTRICT ATTN: ACCOUNTS RECEIVABLE 2407 LAPORTE AVE FORT COLLINS CO 80521-2297 PO Number Page 9150434 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: RECREATION DIVISION CITY OF FORT COLLINS 215 N MASON FORT COLLINS CO 80521 Delivery Date: 01/16/2015 Buyer: WILSON, JILL Note Line Description Quantity UOM Unit Price Extended Ordered Price transp.for AFE-2014 1 LOT LS 6,726.10 Inv. AR946091 dated 119/15 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 Total $6.726.10 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. COMNERCIALDEfAILS. Tax exemptions. By statute the City of Fon Collins is exempt from sate and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Cenificala of Registry 84-6000587 is registered with rose Collector of Failure of the Purchaser to insist upon strict performance of the terns and conditions hereof, failure or delay 1. Intemal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1923, Chapter 39-26,114 (a). exercise any rights car remedies provided herein or by law, failure to promptly notify the Seller in the event of a areal, the acceptance of or payment for goods hereunder or approval or the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure in men 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 he retuned to you fro credit and art not to be replaced except upon receipt of wrihen purchaser to insist upon strict performance heni any ails rights or remedies as, any such goods, regardless imswetiom from the City of Fort Collins. of when shipped, received or arrogated, m to any prior cr subsequent default hereunder, nor shall any purported oral modification or rescission of this purcluse order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Fan Collins impetion on arrival. hereof. Final Acapaunce. Receipt of the merchadive, servica, or equipment in response to this order ran result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authoriand payment on the pm of the City of Fort Collins. However, it is , be understood that FINAL Seller and rise Purchaser aeeogniu that in actual asommunic practice, overcharges resulting fmm entivmt ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations arc in fact home by the Purchaser. Theremfine, for good tame and as considerman 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 must be ROD,, City of Fort Collins, 200 Wood St, Fon Collins, CO 80522, unless acquired under federal or state wharf xt laws for such overcharges relating to the particular goods or services orl,rwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice Additional charges for packing will not be accepted. Shipment Disauce. Where nothrofincerms have distributing points in various pans of the country, shipment is especial fmm the nearest distribution paint in destitution, and excess freight will b, deducted from Invoice when shipments ate made fmm greater dismay. Femurs. Sella shall procure at sellers sale test all necessary permits, cmificatrs and ,iceman cultural by all applicable laws, regulations, ordinances and ales of the state, municipality, summary, or political subdivision where the work is performed, an racquired by any ofer duly sw shirred public amhoriry h s,ingjurisdimion ova the woos of vendor. Seller fwher agrees to hold the City of Fort Collins harmless from and against all liability and lass incured by them by reason of ter maenad or established violation of any such laws, m,idwhwo, ordinances, Ales and requirements. Authorization, All parties to this contract agree that the representatives are, in fact, boa fide and possess full and complem authority to bind said panics. LIMITATION OF TERMS. This Purchase Order esprtssly hours acceptance to the team and canditiom stated herein war forth aM any supplemennry or additional it. eM andirions armexed here, or incorporated berth by reference. Any additional or different temp cod conditions proposed by seller am obj.ad as and hereby rejected 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery data as noted. Time is of the essence Delivery and performance mar be effected within 'he lime stated on the purchase order and the documents attached here,.. No acts of the Pumhat including, without limitation, acceptance organist lute deliveries, shall agenda as a waiver of this provision. In the even, crony delay, the Purchaser shall have, in addition to other Iebal and equip ble remedies, the option of placing this order elsewhere pad holding she Seller liable for damages. However, the Seller shall Out be liable for damages a a result ofdelays due to causes not reasonably foreseeable which arc beyond its reasonable control anti widows its fault of negligence, such acts of Gad, sours orchid or military authorities, govemmennd priorities, fires, strikes, Rood, epideneim, wars or riots provided that sconce of the conditions naming such delay is given , the Purchases within five (5) days of elm time when the Seller first received knowledge thereof. In the even army such delay, the date of delivery shall W extended for the perind equal to the time wholly last by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will confirm with applicable drawings, specifications, samples ender other descriptions given, will be fit for the purposes intended and performed with the highest degree of care and competence in accordance with accepted standards for work of a mils whore. The Sella agrees in hold the purchaser harmless fmm any loss, damage or expense which the Purchaser may suRn or incur on account arm, Sellers breach of wartanry. The Seller shall explore, rapair or make good, without con, the purchaser, my defects or faults arising within one (1) year or within such longer periM of time ss may be pmuribal by law or by the tames army applicable warrar ry provided by the Sella after the date of acceptance of the goods fumishal hereunder (mceptiew, not to be anreasonably delayed), resulting fmm imperf t or defeatist, work done or manuals famished by the Seller. Acceptance or use of gores by the Purchmer shall not constitute a waiver of any claim under this warranty. Exceptasotherwisepmvidedin Nispumh order,fe Selleq liability hereunder 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 grafts no loss of me. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchase may make any changes, the tenses, other than legal reat including additions an a delnions firm the quantities originally ordered is me acrofirtations or drawings, by verbal .1 wiittrn change order. If any such change affects the amount due or the time ofmilwarmace hneunder, an equitable adjustment shall bu made. 6. TERMINATIONS. The Purchm may at any time by written change order accurate his agreementr as m any a all portions of the goods then not shipped, subject to any equitable adurejorm between the parties as to any work or mmerials than in progress provided that the Purchaser shall not be liable for any claims for anticipated profs on the uncompleted Portion of the goods wdor work, for incidental or consequential damages, and that vo such adjustment be made in favor cribs Seller with respect I. any goads which are she Sellers standard stock. No such ¢mriwtion shall relieve the purchaser or he Seller ofay of weir obligamon, as to my goods delivered hereunder. T CLAIMS FOR ADJUSTMENT. Any claim for adjustment mutt to assured within Thirty (30) drys fmm he date the change or mrmiration is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced sold, delivered and famished in shirt compliance with all applicable fws and regulations to which the goods are subject. The Seller shall execute and deliver such documents to may be required to effect or evidence compliance. All laws and regulutiom required to be incorporated in agreements of this character we hereby incorporated herein by this reference. The Sella agrees to indemnify and hold fie Pumhnser harmless from all casts and damage suRered by fie Purchaser ss is resoll of he Sellers failure, comply with such law. 9. ASSIGNMENT. Neither parry alall aasi,. transfer, or convey this order, w on, monies due or to become due her, andr, without the prior written consent ofthe other putty. 10. TITLE. The Seller warrants full, clear and unrestricted title, the Purchaser for all equipment, materials, and items famished in perfomance of fie agreement. Bee and clear of any and all liens, resainions, reservations, security hunres, encumbrances and claims spoilers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchnser direcm the Seller to correct nonconforming or dcfctive goals by a date to be agreed upon by the Prolamine and the Seller, and the Sella thereafter indicates its inability or unwillingness to comply, the Purchaser may muse me work to be paarmed by the most expeditiom ream available to it, and the Sella shall pay all casts aawaiated with such weak. The Seller shall release the Pumhascr and its commcmrs of any It. from all liability and claims of any whom resulting from the performance ofsuch work. This release shall apply even in the event of fng, of negligence f,ha party relemed and shall award ro the directors, arrive. and employees attach pony. The Settees contractual obligations, including warranty, shall not has discount to be reduced, in any way, became such work is performed or caused to be performed by the purchaser. 14. PATENTS. Whenever the Sella is required as use any design, desire, mmeriad at process caveed by Icner, patent, trademark, r copyright, the Sella shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the me of such patenad dai,as deice, mmerial or process in commection with the contract, and shell indemnify the Purchaser for any cast, expense or damage which it may be obliged so pay by rtawa 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 intended use of the gooda, is in such spur held an constitute infringement and the me of said equipment w pan is enjoined, she Sella shall, at its own expense and at its option, either procure for the Purchaser she right to continue using said equipment or pate, replace the same with substantially equal but noninRinSing equipment, err modify is so it becomes noninfringing. 15, INSOLVENCY. If the Sella shall beeoare mothers or baNApt, make a assignment for the basalt of creditors, careful 0 roverver or mmra for anm y of the Sellers propy or business, this order may foMwith be ansomi by rise Purohastt without liability. 16, GOVERNING LAW. The definitions of tenor mall or the interpretation of the agreement and the rights fall ponies hereunda shall b, consumed under and ... aimed by the laws of fie Sm, of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the urvices of Sellers Rapreunce ive(s), an the premise, of others. 17. SELLERS RESPONSIBILITY. The Sella shall cony on said work at Salle2s owo risk until the same is fully completed and mceprcd, and shall, in case of any accident, destruction or injury ,the work andsor materials affer, Sellels final wmpinion and me,pnme, complete the work at Sellers own expense and in she satisfaction of he P oxhaur. When materials and equipment me finished by others for imullywor or creation by the Selleq the Sella shall receive, unload, store and handle same at the site and become responsible therefor as though such materials andsor equipment were being famished by the Seller under the order. 18. INSURANCE. The Sella shall, at his own expense, provide for the payment of workers compensation, including Occupational disease Molts, , its employees employed on or in connection with the work covered by this purchau order, ad/or to their dependenm in zcmrdance with the laws of the sate in which the work is , be done Tha Sella shall also carry comprehensive gearal liability including, but not Ilmited to, comment and automobile public liability fr urantt with bodily inury, and death firms of at least S300,000 for my one person. SS00,030 for any ne accident and property damage limit per accident of S400,000. The Seller shall likewise require his ro muchors, if any,, provide for such compensation and insurance. Before my of the Sella or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have ban provided. Such cenifcaes shall specify the dam when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that men compensation and insurance shall be maintained until after the ,mire work 4 completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assmnes he emir rmpomibiliry and liability far any aM all damage, lass or injury of ay kind Or nature wlatmever to persons or property Gamed by or resulting fmm the execution ofthe work provided for in this purchase order or in connection herewith. The Sena will indemnify and hold harmless the Purchaser and my or all of the Purchwas olBcm, agents it employees fmm and aga'usn nay and all claims, Iota, damages, charges or expenses, whether direct or indirect, and whether to person, or property, which rise Forefoot may be at or subject by ream of any it, action, neglect, omission or default on the part argue Sella, any of his .ntacl.rs, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought amins, ,he Purchaser, or its officers, agents or employees an any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his wasuctom or any of its or than .Rears, agents or employees as aforesaid, the Sella hereby agrees , ...a the defense thereof ab to defend the same at the Sellers awn expense, to pay any dad all roars, charges, at,mrys fees cod office expenses, any and all judgments that may be incurred by or obtained against the Putchaur or any of its or them .beers, .germ or employees m such suits or .her proceedings, and in rase judgment err other lien be placed upon or damned egaimr he Impurity of she, Purchaver, or said pmtiw in or ss is mah of such suits or Ab r proceWings, the Sella will at once wuu he same,a he dissolved and discharged by giving bound or otherwise. The Seller and his contractors shall coke all safety pha udam, punish and install all grads assuming, for fie prevention of accidents, comply with all laws and regulations with regard to safety including, bud without limitation, the Occupational Safety and Health Act of 1970 and all Ales and regulations issued poasuam there,. Revised 07n014