Loading...
HomeMy WebLinkAbout111348 COUNTERFEIT PRESS - PURCHASE ORDER - 9150675Fort Collins Date: 01/29/2015 Vendor: 111348 COUNTERFEIT PRESS 1918 HAMPSHIRE RD FORT COLLINS CO 80526-1202 PURCHASE ORDERPO 915067er Page 150675 t°fz This number must appear on all invoices, packing sli s and labels. Ship To: CITY CLERK CITY OF FORT COLLINS 300 LAPORTE AVE CITY HALL WEST - 1ST FLOOR FORT COLLINS CO 80521 Delivery Date: 01/29/2015 Buyer: PAUL, GERRY Note: 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. Line Description Quantity UOM Unit Price Extended Ordered Price 1 2015 Est. Agenda Printing Council Agenda Printing 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 1 LOT LS 5,000.00 Total $5,000.00 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 exemption,. By statute the City of Fort Collins u exempt from state and local mans. Out Exemption Number is 984k4502. Federal racism Tax Exemption Cenificam of Registry 84-60WSg7 is registered wit, the Collator of Inter al Revenue, Denver, Colorado (Ref Colorado Revised Station 1973, Chapter 39-26, 114 (a). Goods Related, GOODS REJECTED due to failure to men specifications, either what shipped or due to defects of damage in nosh, may be returned a you for credit and are not to be replaced except upon receipt of written macerator, form the City of fort Collins. Inspection. GOODS are subject to the City ofFort Collim inspection on anmival. Final Acceptance. Receipt of the merchandise, to es or equipment in response m this order an sult is mtien.d payment on the pan of the City of Fun Collim. However, u is m be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipments must be F.O.B., City of Fun Collins, 700 Wood St, Fort Collins, CO 80522, unless otherwise specified on this order. Ifpermission is given to prepay freight and charge separately, the original freight bill most accompany invoice. Additional chmges far packing will not be accepted. Shipment Distance. Where rmnufommem haw dutribming points in son. pros of the country, shipment is expected from the nearest distribution point a destination, and excess freight will he debated from Invoice when shipments art made from greater disame. Permits. Seller shall pman, at sellers sole cost all naavry permits, certificate, and licenses required by all applicable laws, regulation,, ordinances and mla of the state, municipality, temrory or polincal subdivision where the work is performed, or required by any other duly mmtimtal public armhom y havingpronsi ucat over the work of vendor. Seller holier agrees Ir hold be City of Fon Collim harmless from and against all liability and loss incurred by them by reason of an asses d or established violation of any such laws, regulations, ordinances, roles and requirements. Authaniblion. All panics to 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 both and any supplementary or outbound tents and conditions annexed hereto or incorporated herein by reference. Any additional or dif eta l terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE. PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery dare as noted Time is of the aemce. Delivery sad performance mast be offered within the line, stated on the purchase order and be documents attached hereto. No nas of the Purchasers including, without limitation, mttprance ofFenial late delivemes, shall operate no a waiver ofthis provision. In the aver army delay, the Purchaser shall have, in addition to other legal red equitable remedies. Ore option ofplacmg this order elsewhere and holding the Sella liable for damages. However, the Sella shall .1 be liable for damages as a result ofdelrys due to muses or reasonably foreseeable which are beyond its reasocabla control and without its fault fnegligence, such acts afford, ens ofcivil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or rims provided that notice of the conditions seining such delay is given to be Puchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period egml to the time actually lost by reawa of the delay. 3. WARRANTY. The Sellef warrants that all goods, ankles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for be purpose, 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 the Purchaser may suffer or inmr on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost o be purchaser, my defects or faults arising within one (1) year err within such longer poled of time m may be presented by law or by the toms, ofany applicable warranty provided by be Seller alter the date or acceptance of the goods fnnishal hermada (acceptance not to be umeamrably delayed), resultng from imperfect or defective work done or materials firmished by the Sella. Acceptance or uu or goods by the Purchaser shall not omtimte a waiver ormy claim under this warmnty. Except as otherwise provided in Nis purchow order, Ore Sellers liability hompMer shall extend mall damages proximately ausul by the breach of my of the foregoing warranties or guman,ces, but such liability shall in no event include lass of prefix or loss ofine. 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 worn change order. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes an the terms, other than legal terns, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or wrinen change order. If any such change uRkas the amount due or the time of paramount, hereunder, an equitable ndjmtment shall be made. 6. TERM [NATIONS. The Purchaser may, at any time by written change order, lcrmiwte Nis agramem as on any or all portions of the goods then not shipped, subject to any attainable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on be uncompleted portion of the goad m llor work, for incidental or mboaBo ntial damages, and but rat such adjmtmnt be made in favor oft,e Seller with respect to any good which are the Seller standard stock. No such automation shall oclieve the Purchaser or the Seller artery oft,eir obligation as In, my goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must he maned within thirty (30) days from the date the change err mortimtion is ordered. S. COMPLIANCE WITH LAW. The Seller womms that all goods sold hommader shall have ban produced, sold, delivered and f ished in strict omplizaam with all applicable laws and regulaliom m which the good arc subject The Seller shall execute and deliver such documents as maybe required to effect of evidence compliance. All laws and regulation inquired to be ncotPomted in agreements of this character are herby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless man all costs and damages suffered by the Purchaser as a result of the Sellers failure m comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any mania due or m become due hereunder without the prior wmom consent of the order party. 10. TITLE. The Sella womats full, clear and nmatncod bite to the Purchaen for all equipment, materials, and it. famished in pert ante of this ogrereent but and clear of any and all liens, monsoons, rcseevatio a, security interar mcumbmnces and claims oforders. II. NONWAIVER. Failure of the Purchaser to insist upon strict perf.. of the toms sad madomins hereof. failure or delay m exercise any rights or emdies provided herein or by law, failure to promptly ratify the Sella in the even, of t breach, the aeceptaace of or payment for goods hetewder or approval of the design, shall not release the Sella of any of the wommis or obligations of Us purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon win performance heteofor any of its rights or comedies as many such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hetomrrder, nor shall any purponed oral modification or rescission of this purchase order by the Pumhun operate is a waiver of any of the terra hereof. 12, ASSIGNMENT OF ANTITRUST CLAIMS. - Seller and the Purchaser recognize that in actual economic is practice, overcharges resulting from motmst violations arc to fact home by the Purchaser. Thereabout,for good cause and as consideration for executing this purchase order, the Seller hereby insignia to the Purchaser any and all claims it may now have or hereafter acquired unda federal or state antitrust laws for such overcharges Mating to the particular goods m services purchased or acquired by the Purchaser pursuant m this purehom order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchases direr.¢ the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser mad the Sella, and the Salley tbermra indicates its inability or unwillingness to comply. the Purchaser may cause the work an be performed by Ore most expeditious means available m it, and the Sella shall pay all costs associated with such work. The Sella shall release the Purchaser and its contractors of any her from all liability and claims of any room resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of Be party releaed and shall extend to the diramet oMe,. and employees ofsmh pan,. The Sellers contractual obligntic.s. including warranty, 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 raluimi to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser it= arty and all claims for infringement by reason of the aw of such patented design, device, material or process in cormation with the contact, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such inGngement at my time during the prosecution or offer the completion of the work. In clue said equipment, or any pm thereof in the intended use of the goods, is in such suit held to comtinum infringement and the use of said equipment or pan is joined, the Sella shall, at its own expense and at its option, either procure for the Purchaser the right to cominue using said equipment or pans, replace the mate with automatically egml but naninfdnging equipment, or modify it m it becomes mwninGrnging. 15. INSOLVENCY. If the Seller shall become insolvent ar baNmpt make en assignment for t,e benefit of creditors, appoint is onciver trustee for any of be Sellers progeny or business, this order may forthwith be martial by the Purchaser without liability. 16. GOVERNING LAW. The definitions aromas maxi or the intermountain of the agreement and the rights ofall parties hereunder shall be construed node and ga.oil by the laws of the State ofColomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Repromettive(s), on the premiss creation. 10. SELLERS RESPONSIBILITY. The Sella shall carry au said work at Seller's awn risk until the same is fully completed and acceptal, and shall, in se of my accident, destruction or injury to the weak, arrNm materials before Sellers final completion and acceptance, omplete the wink at Sellers own expense and to the serisGcdan of be Purchaser. Whom materials end equipment are famished by minces for imposition. or camnion by Ne Sella, the Sella shall name, unload, store and handle secure err the site and become rapon,ible therefor as though such matmak maker nompment were being f ishod by the Seller mall the order. 18, INSURANCE. The Seller shall, at his own expense, provide for the payment of workers comperssanon, including occupational disease hereon, to its employees employed on or in connection with the work covered by this pumhase order, and/or to their dependents in accordance with the laws of the slate to which the work is to be done. The Seller shall also carry comprehensive Rented liability including. but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least $300,000 for my are person, $500,000 for any are accident and property damage limit pa accident of $400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before my of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Pumhaser with o cenifcate that such compen,ation and insurance have been provided. Such cenifcares shall specify the date when such ompemation and insurance have ban provided. Such cenificmes shall specify the date when such compensation .it insurance expires. The Seller agrees that such compemmim, and ...a shall be maintained until aRer the more work is completed and mended. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the attire raponsibiliry and liability fro any wall all damage, lass or injury of my kind or .,am whatsoever to persons or property, coused by or media, from the execution orfa work provided far in Us purchau order or in connection herewith. The Sella will indemnify and hold harmless the Purchases and my r all of the Purchasers officers, agents and employees from and against any and all claims, losses, dernages, charges or expenses, whether direct or indirect, and whether to person, or proper, to which be Purchoser may be put or subject by reason of any act, action, neglar, omission or default on the pan of be Seller, my of his antractors, or my of be Sellers or contractors officers, agents or employes. In raze any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Sella of any of his comments or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees 0 source the defense thereof and to defend the same an Sellers own expense, to pay any and all costs, charges, anomeys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officer, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property, of the Purchaser, or said parties in or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Sella and has contractors shall take all safety precoutimss, famish and immll all guards necessary 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 was not reialmos, issual pursuant tbemo. Revised 07n014