HomeMy WebLinkAbout103914 FEDEX KINKO'S OFFICE AND PRINT CENTER - PURCHASE ORDER - 3215372Fort Collins
Date: 01/29/2015
PURCHASE ORDER
PO Number Page
3215372 1of2
This number must appear
on all invoices, packing
sli s and labels.
Vendor: 103914
Ship To: ELECTRIC UTILITIES
FEDEX KINKO'S OFFICE AND PRINT CENTER
CITY OF FORT COLLINS
DBA KINKO'S
700 WOOD ST
130 W OLIVE ST
FORT COLLINS CO 80521
FORT COLLINS CO 80524-2832
Delivery Date: 01/29/2015 Buyer: PAT JOHNSON
Note:
Line Description Quantity - UOM Unit Price Extended
Ordered Price
1 2015 Blanket Order
1 LOT LS
5,000.00
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
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $6000 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.00m
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 statute the City of Fan Collins is exempt f stale and local knew Our Exemption Number is
I L NONWAIVER.
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000580 is registered with the Collector of
Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure our delay m
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Shooters 1973, Chapter 39-26, 114 (a).
exercise any rights or remedies pmnded herein or by law, failure to promptly notify the Seller in the event of a
beach, the acceptance ofor payment for good hereunder or a,upowl of the design, shall rut relrnce the Seller of
Goods Rejected. GOODS REJECTED due m failure to meet specifications, either when shipped or due to defects of
any of the warrantia or obligations of this purchase order wall shall not be deemed a waiver of my right of the
damage in transit, may be retumd to you for credit and are not to be replaced except upon receipt of written
purchuer TO insist upon stria performance hereofor my of its rights cr remedies in to my such good, regardless
momalimis from the Ciry, of Fiat Collins.
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall my proem ed
ore] modification or rescission of this purchase order by the Purchaser operate IN a waiver of any of the terms
Inspection. GOODS are subject to the Ciry of Pon Collins inspection on arrival,
hereof.
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS,
authorized payment on the pan of the City of Fan Collins. Iloweveq it is to be underslead that FINAL
Seller and the Purchuer recognize that in actual ec is practice, overcharges resulting firm wittiest
ACCEPTANCE is dependent upon completion c all applicable required inspection procedures.
violations nor in fact home by the Pumh Thectomm ,,for good cause and as considemtion for executing this
oue
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
Freight Terms. Shipments must be F.O.B., City of Fan Collins, 700 Wood SL, Yon Collins, CO 80522, unless
acquired under federal or state antitmst laws for such overclueges relining to the particular good or services
otherwise specified oa this order. If permission is given to prepay (eight and charge separately, the original freight
functional or acquired by the Purchaser pursmnt to this pumhase order.
bill most accompany invoice. Additional charges fmomkino will not be accepted.
Shipment Distance. Where frmformrat have distributing points in va ns pros of the country, shipment is
expected from the nearest distribution point to destination, and excess freight will he deducted from Invoice when
shipments are made from greener distance.
Permits. Seller shall procure at sellers sole cost all ruscrawry Perris, c ndiftcates and licenses mlui ad by all
applicable lass, regulations, mid ter. and ales of the slate, mmticipahly, territory or political subdivision where
the work is performed, or required by my other duly constipated public aaho ity having jwedictio t over the work
of vendor. Seller fuller agrees to hold Ne City of ran Collins harmless from all against all liability oral loss
incurred by them by reason of an asserted or established violation of my such laws, regulations, ordinances, ales
andrquiant...
Authorization. All parties to this contact agree that the tepresenmrives are, in fact, bona fide and possess full and
complete authority to bind said parries.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated
herein set firth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by
reference. Any mldnional Or differ,,,, terms and conditions transposed by seller are objected to and herby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive oa you,
promised delivery dine ON noted. Time is of the essence. Delivery and performance must be effmted within the time
stated oa the purchase order and the documents attached hereto. No acts of the Purchasers including, without
limitation, acceptance ofpmia] Ins, deliveries, shah operate ns a waiver of this vmcinm. In the event of any delay,
the Purchaser shall have, in addition a other legal all equitable comedies, the option of placing tuts order elsewhere
anal holding the Seller liable for damages. However, the Seller shall not he liable for damages in a ran], of delays
due to causes Out Insatiably foreseeable which are beyond its reasonable control and witlmm its fault of negligence,
such acts of God, acts ofewil c r military authorities, gmann ental prioritize, fret, strikes, flood, epidemics, wars or
riots presided that ,,mice of the conditions causing inch delay is given to the Purchaser within five (5) days of the
time when the Seller first received knowledge them(. In the Dent of my inch delay, the date of delivery shall be,
extended for the Period qml to the time actually last by mama ofthe delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order will o nfmr with applicable
drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and
performed with the highest degree of care and temperature 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 ruler or incur on account of the Sellers breach of warranty. T he Seller shall replace, repair or make
good without cost to the purchaser, my defects or faults arising within one (1) year or within such longer period of
time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of
acceptance ofthe goods famished hereunder (acceptance not to be war awwbly delayed), resulting from imperfect
or defective work done or materials famished by the Seller. Acceptance or use of good by ,he Pachaser shall n.I
constitute a waiver of any claim under this warranty. Except u otherwise provided in this purchase order, the Sellars
liability hereunder shall extend to all damages proximately hued by the breach of any ofthe foregoing warranties
or gumentees, but such liability shall in an event include loss of profits or low of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY,
4. CHANGES IN LEGAL TERMS.
The Penchant, may make changes to legal terms by written change order
5. CHANGES IN COMMERCIAL TERMS.
The Pombasn may make any changes to the terms, other than legal brown, including additions to or delanioru firm
the quantities originally ordered in the specifications or drawings, by verbal or wiiurn change order. If any such
change artems the amount due or due time ofperformance hereunder, an readable adjustment dull be made.
6. TERMINATIONS.
The Purchaser may at any time by wdam change order, terminate this agreement as to any or all portions of the
goods then not shipped, subject o any equitable 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 the uncompleted
paturn of the goods andlnr work, for incidental or consequential clamages, and that no such adjustment be made in
favor of the Seller with respect to any goad which are the Sellers standard stock. No such termination shall relieve
the Purchaser or the Sella ofany of their obligations in to any goods delivered hereunder.
0. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment mint be asserted within thirty (30) days from the date the change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller carman the, all good sold hereunder shall have ban produced sold, delivered all f shed in strict
compliance with all applicable laws and regulations to which the goods arc subject. The, Seller shall execute and
deliver such documents as may be required an effect or evidence compliance. All lass and regulations Neutral m be
incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller opera to
indemnify mail hold the Purchaser harmless from all costs and damages suffnal by the purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or my monies due or to become due hereunder without the
Prim written consent ofthe other parry.
10. TITLE.
The Seller warrants full, clear and umatricted title to the Purchaser for all equipment, materials, and items famished
in performance Of this agraterad, free and clear of any and dl liens, ruvriaions, reservations security interest
ca umbru Seto nad claims of others.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe Purchaser directs the Seller in street nonconforming or defective goods by a date to be agreed upon by Ne
Purchase and the Seller, and the Seller therafter iMicates its inability or unwillingness to comply, the Purchaser
may once the work to be performed by the most expeditions meets available to it, and the Seller shall pay all
ants acwciated with such work.
The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any Name
resulting form the perfotmmce ofsuch work.
This Neale shall apply even in the event of fault of negligence of the pray released and shall extend to the
directors, aRcers and employes ofsuch parry.
The Sellers contactual obligations, including wormnty, shall not be deemed to be reduced, in any way, because
such work is performed or emceed to be performed by the Purchuer.
14. PATENTS.
Whenever the Seller is required to use any design, device, material or process covered by lane,, patent, nadarm,
copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement
by reason of the man 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 transaction or after the completion of the work. In case said equipment, or
my pan thereof or the intended use of the goods, is in such suit held to constitute inMngemml and the use of
said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either practice for the
Purchuer the right to continue using said equipment or pens, replan the same with substantially equal but
mninfringing equipment, or modify it m it becomes noninfringing.
15. INSOLVENCY.
If the Sella shall become insolvent or havkrupt, make an assignment for the benefit of creditoq appoint a
receive, or trustee for any of the Sellers property or bainess, this oNer may forthwith be canceled by the
Purchaser withom liability.
I& GOVERNING LAW.
The definitions ofterms used or the interpremtion ofthe agreement and the rights of all parties hereunder shall be
comaaed under and govemed by the laws of the State of Colorado, USA.
The following Additional Conditions apply only in cones where the Sella is to perform work hereunder,
including the services of Sellers Repreaccur ive(s), on the premises of others.
10. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall,
in case of any accident, destruction or injury m the work and/or materials before Sellers final completion and
acceptance, complete the work at Sellers awn expense and to the satisfaction of the Purchaser. When materials
and equipment we famished by others for installation or erection by the Seller, the Sella shall receive, unload,
store and handle same at the site and became responsible therefor a though such materials'brdmr equipment
.we being fumlsbed by the Sella under the order.
18. INSURANCE.
The Seller shall, i t his own expense, pmwde for the payment of workers compersaricn, including Occupational
disuse benefice, to in employees employed on or in connection with the work severed by this pareham order,
and/or to their dependmis in accordance with the laws of the if in which the work as an be done. The Seller
shall also carry comprehensive general liability includin& but not limbed m, contractual and automobile public
liability insurance with bodily injury am dnth limits of at least $300,000 for my one person, S500,000 for my
One accident and progeny damage limit per accident of Se00.000. The Seller shall likewise tatuie his
conlmclon. Unity, to provide for such compensation and insurance. Before any ofthe Sellers or his contractors
employees shall do any work upon the premises of others, the Setter shall famish the Purchaser with a tettifinte
that such compensation and insurance have been provided. Such radfintes shall specify the date when such
nmgensmion and insurance have ban provided. Such anificates shall specify the date when such compensation
and insurance expires. The Seller agrees that such comp rnatima and insurance shall be mrmenced until after the
entire work is completed and accepted.
19, PROT ECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assume the entire responsibility and liabil try for any and all damage, loss or money of my kind
or nature whaaoever to persons or property caused by or resulting from the execution ofhe work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and my
r all of the Purchasers offices, agents and employees from all against any and all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether to pancom or property m which the Purchaser may
be put or subject by reason of my act action, nodal, omission or default on The pan ofthe Seller, any of his
contractors, or my of the Sellers or contactors officers, agents or employees. In face any suit or other
proceedings shall he brought against the Puchaser, or its officers, agents or employees 0 my time on account or
by ream,, of my cot ardon, neglect omission or default of the Seller of any of his commdors or any of its or
their offices, agens or employees as aforesaid, the Seller haeby egtees to assume the defe. thereof and to
defend the spate in the Sellers own expense, to pay my and all coats, charges, moseys fees and other expenses,
my and all judgmats that may be incurred by m obtained against the Entertainer or my of is in their officers,
agents or employees in such suits or other proceedings, and in case judgment or other lice ha phoud upon or
Obtained against the paperry office Perchance, or said parties in at in a result of web mis or other proceedings,
the Seller will at once cause the sane to be dissolved and discharged by giving band or otherwise. The Seller and
his contractors shall take all safety precautions, famish and install all guards necessary for the prc comp of
accidents, comply with all laws and regulations with regard to safety including, but without limitation, the
Occupational Safety and Health Act of 1920 and all ales and regulations issued pursuant thereto.
Revised 07R014