HomeMy WebLinkAbout533503 BREWTYME VENDING & COFFEE - PURCHASE ORDER - 3215368PO
PURCHASE ORDER 321536er Page
City/ of PURCHASE
3215368 1 of z
' `t Collins
Ins This number must appear
V ` on all invoices, packing
sli s and labels.
Date: 01/21/2015
Vendor: 533503
BREWTYME VENDING & COFFEE
2334 W 45TH ST
LOVELAND CO 80538
Ship To: WATER UTILITIES
CITY OF FORT COLLINS
700 WOOD ST
FORT COLLINS CO 80521
Delivery Date: 01/21/2015 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 2015 Blanket Order
COFFEE/TEA/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@fcgov.com
1 LOT LS
7,000.00
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
I. COMMERCIAL DETAILS.
Tax exemptions. By stamee the City of Port Collins is exempt tram state and local tuxes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Certificate of Registry M-6000581 is registered with the Collector of
Interco] Revenue, Denver, Colombo (Ref. Colorado Revised Sumter 1973, Chapter 39-26, 114 (a).
Goods Rejected. GOODS REJECTED due a Empire to meet specifications, either when shipped or due to defects of
damage in it, may be returned to you for em lit and we not a Is, replaced except upon receipt of winner
instructions tram the City of Fan Collins.
Inspection. GOODS we subject to the City of Pon Collins inspection on arrival.
Final Acceptance Receipt of the merchandise, means, or equipment in response net his order can result in
authorized payment on the pan of the City of Fort Collins. However, it is a be mderstood but FINAL
ACCEPTANCE bidepwdem upon completion of all applicable mquimd inspection pmceduaw.
Freight Terms. Shipments must be F.O.B., City of Fan Collins, 700 Wood St, Fiat Collins, CO 80522, unless
otherwise speriGed on this order. Upemission is given to prepay freight and charge separately, the original freight
bill must accompany Invoice. Additional charges for packing will not be accepted.
Shipment Disunce. Where manufacturers have distributing points in various pans of be country, shipment is
expected from the newest distribution Perot to destination, and excess freight will be deducted from Invoice when
shipmrnu art made f greaten disarm.
Permits. Seller shall procure at sellers sale cast all necessary permits, cenificams and licenses required by all
applicable laws, regulations, ordinances and mles of the slide, municipality, territory or political subdivision when
the work is performed, or per ircd by any other duly constituted public authority having jurisdiction over the wmk
of vendor. Seller further agrees to hold be City of Fort Collins hornless form and against all liability and lass
incurred by them by reason of an asserted or established violation of my such laws, regulations, ordinances, rules
and requirements.
Authorization. All ponies to this at. agree but the repreunutives me, in face, bona fide and possess fall and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms end conditions stated
herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by
reference. Any s lditional or dilfesmfterms and condition, pm kowd by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment a anec on your
promised delivery duce as noted. Time is of the essence. Delivery and performance most be effected within the time
stated oa the purchase order and the dowmants attached hereto. No is of the Purchmer includin, without
limitation, acceptance of pamial late deliveries, shall operate as a waiver of this provision. In the event ofany delay,
the Parch., shall have, in addition to other legal road equitable remedies, the option enplane, this order elsewhere
and holding the Seller liable for damages. However, be Seller shall not be liable for thornless as a result of delays
due to muses not rmsowbly formerable which ore beyoul its reasonable record and without its fault ofea,ligence,
such acts of cad, acts ofcivil or military awhomma, go muneaal priorities, fires, strikes, flood, epidemics, wars or
riots provided Char notice of the conditions caving such delay is given to the Purchaser within five (5) days of the
time when the Seller for received knowledge thereof. In the event of any such delay, the date of delivery shall be
extended fur the Pend egml to the time morally last by reason of the delay.
3. WARRANTY.
The Seiler wmmnts but all goods, articles, materials and wok covered by this order will conform with applicable
drawings, speeifmtion,, samples will other descriptions given will be fit for be purposes intended, will
performed evil be, highest degree of rare and competence in accofdance with accepted standards for wok of a
similar nature. The Seller agrees to hold the purchaser hornless from any loss, damage or expense which the
Purchaser may sulier m incur on account of the Sellers breach of ivaninty. The Seller shall replace, repairer make
good, without cost to the purchaser, any defects or faults arising within one (I) year or within such longer period of
Sam m may be prescribed by law or by the terms of any applicable assembly provided by the Seller afiet the date of
acceptanm of the goods famished hereunder (acceptance not to be communicably delayed), resulting Even imperfect
or defective work done or materials punched by the Seller. Acceptance or use of goods by the Purchmer shall not
corstimm a waiver of my claim under this wmavry. Except as otherwise provided in Nis purchase mile, the Sellers
liability haemder shall extend to all damages proximately ..it by the breach of my of the foregoing warranties
or guavmers, but such liability shall in no event include loss of profs 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 chmgm to legal reins by women change order.
5. CHANGES IN COMMERCDM. TERMS.
The Purchased may make my changes to be terms, other Nan legal tomes, including additions to or deletions form
be gnantiniec originally ordered in the specifications of drawings, by verbal or wime t change order. If any such
change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at my time by wnu m change under, tcaminmc this agreement m to any or all portions of the
goods then not shipped, subject to my trainable adjer ment between the parties as to my wok or criminals then in
progress provided Our, hie Pumbaer shall not be liable for any claims for anticipated pmfa on be uncompleted
Portion of the good anlmr wok, for incidenal or comaluents] damages, and but no such unicameral he made in
favor of the Seller with respect to any goods which me the Sellers standard stock. No such termination shall relieve
the Purchaser or the Seller ofany of their obligations as to any good delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjues. must be assured within birty, (30) drys farm the date be climate w marimm m is
owned.
8. COMPLIANCE WITH LAW,
The Seller warrants but all goods mid hereunder shall have been produced, sold, delivered and famished in strict
compliance with all applicable laws and regulations to which be goods are subject. The Seller shall execute and
deliver such documents as may be required to effi d or evidence compliance. All laws and regulations required to he
incorporated in agreements of this charactef are herby incorporated herein by this reference. The Seller agrees to
indemnify end held the, Purchaser Emblem from all casts and damages suffered by be Purchaser m a mull of den
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or my monies due or to became due hereunder without be
prior wrinm cement of be other party.
10. TITLE.
The Seller wamnts full, clear and unpunished bile a the Purchaer for ell quippard, mareoals, and items famished
in perfgmrmce of Nis structural. free and clear of my end all lies, restrictions, reservations, secur ry interest
encumbrances and claims ofobers.
11. NONWAIVER.
Failure of the Purchaser to insist upon strict mbro mce of the terms and conditions heeo . Sudan, or delay to
any rights or arms provided herein or by law, failure to promptly notify the Seller in the even, of a
breach, the accep. ofor payment far goods hereunder or approval of the deign, shall or pd. the Seller of
any of be warranties or obligations of this purchase order and shall cat be dented a waiver of my tight of dte
purchaser to insist upon strict performance hereofm any ufits rights or mnedies m as any such goods, regardless
of when shipped, received or accepted, as to any prior or mbsequem default hemsnder, nor shall my purported
oral modification or rescission of this purchase order by the Purchaser operate as a waiver of my of the terms
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchmer recognise but in actml economic practice, mercha argretelling form submit
violations arc m asesTh fact home by the Purch. ereare fo�for good cause and as camidcmtion for executing this
purchase order, the Seller hereby amigm to the Purchaser any and all claims it may raw have or hereafter
acquired under federal or state antitrust laws for such overehmgm relating to the particular good or services
purchased or acquired by the Purchaser pursuant to this purchase order.
13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If be Purcasef directs the Seller a correcr awareaforming or defective good by a date to be agreed upon by to
Purchatt and be Seller, and be Seller NerwOtt indicates its inability or unwillingness to comply, be Pardoner
may cause be work to be performed by the must cxperromis mean, available to it, and the Seller shall pay all
costs comenued with such wont.
The Seller shall releae the Purchaser and its contractors of any tier from all liability and claims of any galore
printing form the perfomance ofsuch work.
This release shall apply even in be event of fault of negligence of the pm y released and shall extend to the
directors, oRces and employees ofsuch parry.
The Sellers contractual obligations, including wammry, shall not Be deemed to be reduced, in my way, because
such work is performed or caused to he performed by the pmehuer.
14. PATENTS.
Whenever be Seller is inquired as sere any design, device, mareoal or Process covered by lamer, pmmt, andemark
ar copyright. the Seller shall indemnify and save harmless the Purchmer from my and all claims for infringement
by mason of the use of such parented damp, device, material in process in comectim with the contract. and
shall indemnify be Purchases for my war, expense or damage which it may be obliged in pay by teawn ofsuch
infringement at any time during be prosecution or after be completion of be work. In case mid equipment, or
any pan thereof or the intended me of the good, is in such suit held to constitute infringement and the use of
said equipment of pan is enjoined, the Seller shall, err its on eapen,e and at its option, either procure for the
Purchmer the right to continue ruing said equipment or parts, mature be same with substmtially tyml but
noninfringing equipment, of modify it an it becomes mninfringing.
15, INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment for be beneth of creditors, appoint a
receiver or trance for any of the Sellers property or business, this order may forthwith be canceled by the
Purchmer without liability.
16. GOVERNING LAW.
The definition, of terra used or the interpretation afee agreement and the rights oral[ parties hereunder shall be
compared aides and governed "a laws of the Sure of Colombo, USA.
The following Additional Conditions apply only an cases wheat the Seller is to Perform wok hereunder,
including she servirea of Sellers Repreaenutive(s). an the premises of afters.
IT. SELLERS RESPONSIBILITY.
The Seller shall cart, on said work at Sellers own risk until the same is fully completed and accepted, and shall,
rase of any a cidern, dmmmdm err injury to the wok anlar materials bet Sellers firel completion and
acceptaoce complete be wok in Sellers own expense and in the satisfaction of doe Purchmer. When materials
and equipment are famished by others for installation or erection by the Seller, be Seller shall receive, unload,
store and handle same in the site and become responsible therefor as though such rra erials amber equipment
were being famished by the Seller wider, the order.
I I. INSURANCE.
The Seller shall, in his awn expense, pmvide for the payment of workers compematim, including occupmioml
disease benefits, to its employees employed on or in connection with be work reversed by this purchase order.
andrm to their dependents in accordance with the laws of lam sate to which be wont is as be done. The Sella
shall also canry comprehensive general liability including, but not hushed a, corm duel and automobile public
liability insurance with teddy injury and death limits of m least E300.000 for any one person, $500,000 for any
one accident and properly damage limit per accident of S400,000. The Seller shall likewise require his
contractors, if any, to provide for such compenmdon and insurance. Her. any of the Sellers to his c immenw,
employees shall do my work upon be premises of others, be Seller shall famish be Purchaser wiN a mr-ifiewe
that such compensation and announce have been provided. Such cerrifcmm shall specify be date when such
comlmnsation wad insurance have bcen provided. Such mrofcates shall specify the date when such compensation
and insurance expires. The Seller agrees but such compen um and announce mall he rvinuw d-61 after the
entire wok is completed most occupied.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby resumes the entire rmpoalbiliry and liability for any and all damage, less or injury ofany kind
or retire whauacver, to persons or property tamed by or moulting from be execution of the work provided for in
this purchase, order or in connection herewith. The Seller will indemnify and held harmless the Purchaser and my
w all of be Purchasers oMr., agents and employees form and Warren my and all claims, lasses, damages,
caaget or ex,moses, whether direct or inal and whether to persons or property to which be Poorhouse may
he put or eabject by reason of my act, action, neglect, omission or default on be pan of be Seller, my of his
contractors, or any of the Sellers or eradication offcars, agents or employees. In case my suit or other
proceedings shall be brought against be Purchaser, or its officers, agents or employees at any time on account or
by reason of my act, action, neglect, omission or default of the Seller of my of his contractors or my of its or
their offirm, agenda or employees as aforesaid, be Seller hereby agrees to assume be defense thereof and to
defend be same at the Sellers own expense, a pay my and all costs, charges, atanmys fees and other expenses,
any and all judgments tat nay be incurred by in nbuined against be Pmchaser err my of its or heir officers,
agents or employees in such was or order proceedings, and in core judgment or order, but be placed upon or
obtained against be property of be Purchaser, or said parties in or as a result of such soars or other proceedings,
the Seller will at once cause the same to be dissolved and discharged by giving band or otherwise. The Seller and
his contractors shall take all safety precautions, furnish and mouth all gonad neemmry for be prevention of
accidents, comply with all laws and regulations with regard to safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant bonds.
Revised 072014