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HomeMy WebLinkAbout549952 AVENTION INC - PURCHASE ORDER - 9150449Fort Collins Date: 01/20/2015 PURCHASE ORDER PO Number Page 9150449 1of2 This number must appear on all invoices, packing sli s and labels. Vendor: 549952 Ship To: PROCESSING CENTER AVENTION INC FORT COLLINS PUBLIC LIBRARY 300 BAKER AVE 256 W. MOUNTAIN AVENUE CONCORD MA 01742 FORT COLLINS CO 80521-2711 Delivery Date: 01/20/2015 Buyer: ED BONNETTE Note: Line Description Quantity UOM Unit Price Extended Ordered Price Invoice # SI-14730 1 LOT LS 6,500.00 dated 1/9/15 ONESOURCE GLOBAL EXPRESS: INFOGROUP REFERENCE USA 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.wrn 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. COMMERCIAL DETAILS. Tax exemptions. By serum the City of Fort Collins is exempt fmm slate and local taxes. Our Exemption Number is 11. NONWAIVER. 98-W502. Federal Excise Tax Exemption Ceni ici to of Registry 84-6000587 is registered with the Colletlor of Failure of the Pushsser to insist upon strip performance of the terms and conditions hereof, failure or delay to Imerrwl Revenue, Denver, Colorado (Ref. Colorado Revised Statures 1973, Chapter 39-26, 114 (a). exeese any rights or remedies provided herein or by law, failure to promp ty notify the Seller in me event of a breach, tM acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to de&ca of any of she warranties or obligation of this purchase under and shall not be deemed a waiver of any right of the damage in emit, may be removed to yen for credit and are not to he replaced except upon receipt of women Purchaser m imisl upon strict performance hermfor any of its rights or remedies as to any such goods, regmkess instructions from the City of Fort Collins. of when shipped, received or accepteQ as many prior or subsequent default hereunder, nor shall any activated oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of me terms Inspection GOODS we subject to the City of Fort Collin inpection on arrival. hereof. Final Acceptance. Receipt of the rmrchandisa, srnicas or equipment in response to this order an result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. anflusa red payment on the pan of the City of run Collins. However, it is to he understood that FINAL Seller and be Purchaser recognize Out in actual economic practice, overcharges m resulting fmantitrust ACCEPTANCE is dependent upon crmplation ofalh,plicable required inspection procedures. violation are as fact home by the Patrician. Theretoforefar goad cause and as comiderdtiin far exewfing this puchase order, the Sella hereby assign as the Purchaser any and all claims it may now have or hssida Freight Terms. Shipments must W F.O.R. City of Fort Collins, )tp Wood St., Fan Collins, CO 80522, unless acquired under federal or star antitrust laws for such overcharge relating to the pvticulm goods or services wherwise specified on this rndam if prnnission is given to prepay freight and charge sepoately, the original freight purchased or surprised "a Purchaser pursuant to this purchase under. bill must accompany invoice. Additional charges for tucking will not I; accepted. Shipment Distance. Where manufaduras have dutdburing points in various pans of the cuumry, shipmem is expected fmm the nearest distribution point to datiw,lon, and excess freight will be deduned fmm Invoice who shipments are made fmm greater distance. Permits. Seller shall procure at .11. sole cost all necessary permits, exnifiata and licenses captured by all applicable laws, regulations, wi ines. and talcs of the sate, municipality, mrsitory w political subdivision where be work is performed, or required by any other duly contimted public authority having jurisdiction over be work of vendor. Seller father agrees to hold the City of Fort Collin h rimless fmm and against all liability and loss incurred by them by remain of an asserted or established violaion of any such laws, regulation ordinances, min and requirements. Amhosimtion. All parties to this contract agree that the reprerentaives we, in fact, bona fide and possess full and complete authority a bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the teen and conditions staid herein set forth and any supplementary, or additional terns and conditions annexed hereto or incorporated herein by reference. Any additional or different mats and conditions proposed by seller am objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as toed. Time Is arm, essence. Delivery and performance most be effaced within the time stated on the purchase order and the documents matched hereto. No acts of the Purchasers including, without limitation, acceptance of partial lam deliveries, shall operate as a waiver of this provision. In the event of any delay, fie Purchaser shall have, in addition In other legal and equitable remedies, the option of placing this order elsewhere and holding the Seiler liable for damages. I liwever, the Seller shall not be liable for damages n a result of delays due to causes not reaaonubly foreseeable which are beyond its reasonable coned and without its fault of negligence, such acts of Gd, acts of civil or military authorities, govemmmnal priorities, fires, strikes, Bond, epidemics, wars or riots provided that notice or the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller fim received knowledge thereof In the event of any such delay, the date of delivery, shall be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller Warman that all goads, articles, macrials and work covered by this order will conform wish applicable drawings, specification, sampler endior other description given will be fit for be partners intended, and performed with the highess degree of care and competence in accordance with accepted standards for work of a similar mature. The Seller agrees to hold the purchaser houndeas fmm any loss, damage or expense which the Purchaser may sulTa or incur on uwunt of the Sellers branch of warranty. The Seller ahall replace, repair or make good, without cost to the purchaser, any defect or faults arising within one (1) year or within such longer period of time ss may be prescribed by law or by she mrrm of any applicable warranty provided by the Seller after pe date of acceptance of flue goods f icia d hereunder (acreptame act to be umeuonaby delayed), resulting fmm imprRect or defective work done or materials fumisbed by the Scllcr. Acceptance or use of good by the Purchases shall our orefima a waiver army claim under this warranty. Except as otherwise pmvlded in this purchase order, the Sellers liability bmAwkr shall exled to all damages proximo ely mused by the beach of any ofpe foregoing wa ,as or guarantees, but such liability shill in no event include loss of pmfin or loss close. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchased may make changes as legal temp by women change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser nay snake my changes to the terns, other than legal temss, including addition to or deletions fmm the quantidcl originally ordered in the specification or drawings, by virtual or writers change order. If any such change agree. the avow n, due or m the time c fperfowre hereunder, an equitable adjustmnt eshall be made. 6. TERMINATIONS. The Puchner may at any, time by written change ordeq terminate this agreement as to any or all pinions of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided tho the Purchase, shall not be liable fo, any claims for anticipated porous on the uncomplUd portion of the goods cackler work, for incidental or commucatial damages, and that no such adjn,mat be made in favor of the Seller with respect to any goods which use the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller Many oftheir obligations res to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assisted within thirty (30) days from the date the change or temdwtion is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods 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 effect or 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 In indemnify and hold the Purchaser harmless fmm al I cosh and damages suffered by the Purchaser as a result of the Sellers failure as 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 convent of the other party. 10. TITLE. The Seller warmoous f IL clear and unratrieted title to the Purchntt for all equipment, maenals, and it. fiamishd in performance of this agreement free rood clear of any and all liens, restriction reservation, sccunry moment encumbrances and claims ofofers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser direcus the Seller to turret, manconforrom, or defective goods by a data or be agreed upon by the Purchaser and the Sella, and be Seller thereafter indicates its inbiliry or unwillingness or comply, the Purchaser may auu the work he be performed by the nos, expeditious mean available to it, and be Sella shall pay all ems associated with such work. The Sella shall release the Purchaser and its w stractors of any tier fmm at l liability and claims of any aware resulting fmm be performance of such work. This release shall apply even in the even, of fault of negligence of the parry, releaval aid shall extend li the directors, officers and employees straiten parry. The Sellers wntractual obligaiom, including wannnty, shall not be domed to be reduced, in any as, because such work is performed or caused to he peshowed by the Purchaser. 14. PATENTS. Whenever the Seller is required to me any design, device, material or process covered by letter, patent, trademark r copyright, the Seller shall indemnify and save hamaless the Purchaser from any and all claims for infringement by re n 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 alter the completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in such suit held m constitute management and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure far be Purchaser be right to continue using said equipment or pans, rcplstt the same with substantially equal but nomm inging equipment, or modify it so it becomes nownfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankmpt, make an assignment for the benefit of creditor, appoint a receiver or income for any of the Sellers properly or business, this order may forthwith be canceled by the Purcluaser without liability. 16. GOVERN sG LAW. The definitions of terms used or the interpretation ofthc agreement and the rights ofall parties hereunder shall be comtmed under and governed by the laws of the State of Colorado, USA. The following Additional Condition apply only in cater where the Seller is to perform work hereunder, including the services i f Sellers Raprtsenativa(s), on the premises of ouers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the arms, is fully completed and worried, and shall, rase of any accident, destruction or injury to the work ankor rwtman bef Sellers final completion and acceptance, complete the work at Sellers own expense and to de, mlianamn of the Purchaser. When naxamis and equipment are f ished by others for installation or crtaion by fie Seller, be Sella shall receive, udead, store and handle same at the site and become responsible therefor as though such matm.6 maker equipment were being Rotational by the Seller under arc order. IS. INSURANCE, The Seller shall, at his own expereae, provide for the payment of workers announcement. including occuatianl dowse benefits, to its employees employed on or in connection soup be work covered by this putcbam order, mankm to pen dependent in accordance with be laws of the stale in which me work is to the done. The Sella shall also carry comprehensive general liability including but not limiled m, commercial sort automobile public liability nessawme with bodily injury and death limit of at lour, 53W(g0 for my one person, $5 xii for any one accident and property damage limit per accident of 540 .000. The Seller shall likewise acquire his contrdcmrs, if my, to Provide for such mmpemmion and insurmrte. Before any of the Sellers or his comracmrs employees shall do any work upon the premises of others, the Seller shall famish the Purchaser wish a mrifiam that such com acrsotion and imam ice have bees pmvidd. Such ceni0rates am][ specify the date when such communication and insurance have been provided. Such artificatus shall specify be date when such confirmation and insurance expires. The Seller agmes that such compensation and instance shall ba maintained umil after be entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibil try and limit iry for any and all damage, loss or injury of any kind r ware whosoever to persons or properly mused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Sella will indemnify and hold harmless the Purchaser and any r all of the Purchasers officers, agents and employees from and again, any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may b, put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any seat or other proceedings shall ha brought agaim, the Purchaser, or its officers, agents or employees a, any lime on account or by reason of any set, action, neglect, omission or default of the Set ler of any of his contractors or any of its or their officers, agents or employees us aforesaid, the Seller hereby agrees to resume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, anomeys fees and oiler expenses, any and all judgment that may M incurred by or obtained against the Purchases or any of its or pest officers, agents or employees in such suits or other proceedings, and in case judgment or other lies the placed upon or obtained against the properly of the Purchases, or said parties in or As a result of mch suits or other proceedings, the Seller will at once cause the same to be dissolved and dischargd by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all ma ds necessary for be prevention of accidents, comply wish all laws and regulation with regard to safety including, but without limitation, me Occupational Safety and Health Act of 1970 and all rules and regulation issued pursuant thereto. Revised 0]al