Loading...
HomeMy WebLinkAbout109276 PLANTORIUM - PURCHASE ORDER - 3215371PO PURCHASE ORDER 3215371 Page C1171 of PURCHASE 3215371 1.12 `t ( o ns This number must appear ` V ` on all invoices, packing sli sand labels. Date: 01/23/2015 Vendor: 109276 PLANTORIUM PO BOX 485 LAPORTE CO 80535-0485 Ship To: PARK MAINTENANCE CITY OF FORT COLLINS 413 S BRYAN FORT COLLINS CO 80521 Delivery Date: 01/23/2015 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price t 2015 Annual 1 LOT LS 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. 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.mm 70,000.00 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 shuttle the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-04502, Federal Excise Tax Exemption Certlfca,e of Registry 84 6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1993, Chapter 39-26. 114 (a). Goods Rejected. GOODS ]OF ECTED due to failure to coca specificmians, either when shipped or due to defects of damage in transit, may be returned to you for credit and on, not to be replaced except upon receipt of wrinen instructions from the City of Fad Collins. Inspection GOODS are subject m the City of Fort Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, se r equipment in response to this order canresult in authorized payment on the pan of the City of run ices However, it is to M understood that FINAL ACCEPTANCE is dependent upon complain of all applicable required inspection procedures. Freight Terms. Shipments most M F.O.B., City of Fan Collins, 700 Wood St., Fart Collins, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight and charge toilsomely, the original freight bill most accompany invoice. Additional charges for Packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in carbon, parts of the coumry, shipment is expected Cass the nearest distribution paint to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall pmcure al sellers sole cast all necessary permi6, certificates end licence required by all applicable laws, regulations, ordinances and tales of the slate, municipality, territory or political subdivision where the work is performed, or mquireal by any other duly constituted public authority having jurisdiction over the some Of earshot. Seller further agrees Ira hold ,he City of run Collins harmless from and against all liability and loss incurred by hem by reaof m .,mm or established violation of any such law,, regulations, ordinances, tams ams rcquirmmmm. Aufonzation. All parties to this contract agree that the representatives are, in fact, bona fide sad possess full and complete authority m bind said ponies. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any stipi lemmbey or additional moms and conditions annexed hereto or morpomted herein by reference. Any additional or different terms and conditions proposed by seller arc 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 noted. Time is of the essence. Delivery and performance most b, effected within the time stated on the purchase order and he documents attached M1erelo. No ac6 of the Purchasers including, without limitation, acceptance ofpsocal late delivenes, 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 offer elsewhere and holding the Seller liable for damages. However, he Seller shall not be liable for damages as a mull Of delays due to causes not reasonably foreseeable which are beyond its reasonable central and without its fault of negligence, such acts of God, acts ofcivil or military authoizes, governmental pnodties, fires, strikes, Boost, epidemics, wars or nor provided that notice of the condition ceasing such delay is given to the Purchaer within five (5) days of the time when the Seller find received knowledge thereof. In doe event of any such delay, the dale of delivery shall be extended for the pound equal to the time actually lost by reason offe delay. 3. WARRANTY. The Seller warren hat all goods, ankles, commas and work covered by this order will coot with applicable drawings, specifications, samples andror 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 similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which fa Purchaser may suf or incur on account of the Sellers breach of wamnry. The Seller shall replace, repair or make good, without cast to fie purchaser, any defects or faults sassing within one (1) year or within such longer period of rime m may be presented by law or by the terns of my applicable wamnty provided by the Seller after fie date of acceptance of fie good fsbed heremder (acceptance not to be unmmusub]y delayed), resulting from imperfect or detective work done or amounts f fished by the Sella. Acceptance muse of good by the Purchaser shall tat consulate a waiver of any claim under this warranty. Examl as oherwise provided in this purchase offer, fie Sellers liability hereunder shall extend to all damages proximately accord by the breach ofany of fie finegoing warmnties or guarantees, but such liability shall in em event include loss ofpmfu or lose of me. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes m legal terms by wrirten change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes m fie terms, ml era than legal tomes. including addition Ira or deletions from the quantities Originally ordered in fie specification or drawings, by verbal err wriuen change rotor. If any such change aRects he amoum due or the time of Emfomance he ree ndor, m equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at my Iime by wriften change offer Immune this agreement as to any or all portion of the goods Nen Trot shipped, subject to any equitable adjuwnev, between the parties as to any work or amounts then in p c,ca, provided Out the Putthazer shall or be liable for any claims far amicipmed pmfm on the urmmpined Portion argue good matter work, for incidental or nnequential damages, and that no such adjustment the, made in favor of he Seller wif respect many good which are the Sellers sts ndcd stock. No such tendmtim shall reline the Purchaser or the Seller ofmy ofthek obligation as to any goods delivered hereunder. T. CLAIMS FOR ADFUSTMENT. Any claim for adjustment coal be courted within thirty (30) days from the rime the charge an Iermimtim is offered. 8. COMPLIANCE WITH LAW. The Seller warrants sec all good sold hereunder shift have been pooduccel, sold, delivered and finished in strict oememce with all applicable laws and regulation to which fie goods are subject The Seller shall execute and deliver such documents is may be required to effect or evidentt comphanee. All laws and regulatimu ratimed ro be incorporated in agreements of this character are hereby incorporated Mein by this reference. The Seller agrees to uncertainty and Mid the Purchaser Formless From all casts and damages suffered by she Purchaser as a mull of the Sellers failure m comply with such law. 9. ASSIGNMENT. Neither party shall assign, number, or convey gums order, or any monies due or as For. due bercunder wifcar fie prim wrinen ronsmt ofthe office party. 10. TITLE. The Seller wamnts full, a]. and unrestricted fide m fie Purchaser for all equipment, mamas, tall it. fslrod in porg rifirs. of this agreement, free and clear of my and dr. liens, restriction, meraetions, secuney no. encumbrances and claims of o ko, I L NONWAIVER. Failure of the Purchaser m insist upon strict performance of the terms and conditions hereof, failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify 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 any of the warranties or obligations of this purchase order and shall not be decreed a waiver of any right of the purchaser to insist upon strict performance hermfor any of its rights or remedies m to any such gouts, regardless of when shipped, received or accepted, as to any prior or subsequent default harmunder, nor shall any persuaded oral modi Bcation or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognise that in actual economic practice, overcharges resulting from antitrust violations are in fact boom by the Purchase,. Theretofore, for Goad cause and as consideration for executing this purchase offer, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under federal or mile contrast laws for such overcharges ralming to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or detective goods by a date w be agrtod upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness in comply, the Purchaser may cause the work to he performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the pony released and shall extend to the directors, oRcem and employees of such pare. The Sellers contractual obligations, including wamnty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is r anirW m use any design, device, material or process covered by letter, gmem. trademark or copyright, the Seller shall indemnify and save harmless the Purchaser 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 ofsuch infringement at any time during the prosecution or after the completion of he work. In case said equipment, or any pan hereof or the intended use of the goods, is in such suit held to camtime infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either pmcure far he Purchaser he right to continue using said equipment or pans, replace the same with substantially equal but nmdnfringing equipment, or modify it so it becomes noninfriMing. 15. INSOLVENCY. If he Sella shall become insolvent or bankmpt, make an antitrust for the benefit of creditors, appoint a fincriver or trustee for any of the Sellers pmm py or business, this order may forthwith be canceled by the Purcbaser without liability. 16. GOVERNING LAW. The definition of terms used or the interpretation order agreement and the rights of all patties hereunder shall be comtrved under end goearned by the laws of the Slate of Colorado. USA. The following Additional Condition apply only in roses whom the Seller is to Perform work hereunder, including the services of5ellers Represenmtive(s), on the premiss ofmbm. I). SELLERS RESPONSIBILITY. The Seller shall carry on said work al Sellers own risk until fie same is fully completed and accepted, end shall, in eau of any accident, destruction or injury m the work curfew msameds before Sellers fired completion and acceptance, complete the work at Sellers own expense and in the satisfaction of the Pumhoser. l4hen materials and equipment art famished by others for instillation or ercmm by the Seller, fie Seller shall receive, unload, store and handle same at the are and become respmtsible therefor as though such tasters and/or equipment were being famished by she Seller under no order. I B. INSURANCE. The Seller shall, at his own expense, pmdde for fie payment of workers compensation, including accupcimal dsmu bencfts, m its employees employed on Or in connection with the work covered by this purchase under, at to their dependents in accordance with the lawn of he stale in which the work is m be done. The Seller shall also carry comprehensive general liability including. but not limited to, rov,racnel and automobile public liability in rmace with bodily injury and teas limits of at ]cast S300,00o for any exam person, 5500,000 for any one accident and property damage limit per accident of 5400,000. The Seller shall likewise regain, his mntracmrs, if any, to provide far such conformism and insurance. Bet any of he Sellers or his contractors employees shall do any work upon the premises of others, she Seller shall f ih flue Purchaser with a certificate that such compensation and iruurdnce have been provided. Such cxnifirates shall specify due date when such compmention and insurance have been provided. Such cenifwtes shall specify se date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be mahttained until after the entire work is completed and arem ed. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes fie entire aaponsibility sued liability, for any and all damage, loss or injury of any kind or more whammver to pecan or property, caused by or resulting from de execution argue work provided for in this purchase oiler or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of fie parameters officers, agents and employees from add alminr any and all claims, losses, damagess, charges in expenses, where, direct or indirect, and whmall to person or property to winch the Pwchuer may he put or subject by ream. of my at, action, ncglat, omission or default on the pm of tM Seiler, any of his contactors, or my of the Sellers m contractors oRcam, agents or employees, In case any suit or other proceedings hall the, brought against the Purchaser, or its mys.. agents or employees at my time on account or by mason of my act action, neglect, omission or defaull of the Seller of my of his contracmrs or my of its or their oBicm, .,cuts m employees as atsaid, the Seller hereby egn,es so assume gum d to. therof and 1. defend the sure at the Sellers own expense, to Pay any and dr. caress, charges, mmmeys fees and other expenses, my and all judgments that may be incurred by or obtained against the Purchaser or my of its or heir officers, agents or employees in such suits or office proceedings, and in case judgment or other lien be placed upon or obti irml again, the property of he Purchaser. or said parties is or an a result of such suits or order proceedings, fie Seller will at once ease the same to be dissolved and dischaeg l by giving bond or Otherwise. The Seller and has contractors shall take dr. safety prasutiom, fish end install all gwvds necessary far the pn,ventian of accidents, comply with all laws and regulations with .gall In safety including, but without limitation, gum Occupation] Safety and Haalf Act of 1970 and all notes and regulations issued pursuant thereto. Revised 07R014