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HomeMy WebLinkAbout378915 THE VERDIN COMPANY - PURCHASE ORDER - 9151224Fort Collins Date: 02/2712015 Vendor: 378915 THE VERDIN COMPANY PO BOX 630653 CINCINNATI OH 45263-0653 PURCHASE ORDER PO Number Page 9151224 1o12 This number must appear on all invoices, packing slips and labels. Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS CO 80521 Delivery Date: 02/25/2015 Buyer: DOUG CLAPP Note: Line Description Quantity UOM Unit Price Extended Ordered Price Downtown Transit Center 1 LOT LS 7,690.00 Clock dial face replacement Upgraded controller. see attached quote. contact: Monty Wagner ph# 970-566-7043 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 Total $7 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 statute the City of Fan Collins is exempt from store and local taxes. Our Exemption Number. is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser m insist upon strict performance of the homes and conditions hereof, failure or delay in Internal Revenue, Denver, Colorado (Ref. Colorado Revised Stances 1973, Chapter 39-26, 114 (a). 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 Seder of Goods Rejected. GOODS REJECTED due To failure to meet specifications, either when shipped or due in defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be resumed an you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of its rights or remedies as many such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of my of the terms Inspection. GOODS are subject to the City of Fort 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 Fort Collins. However, it is in be understood that FINAL Seller and the Purchaser amogn¢e that in actual economic practice, overcharges resulting from national ACCEPTANCE is dependenl upon completion of all applicable required inspection procedures. violations arc in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing This purchase order, the Seller hereby assigns to the Purchaser my and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. If permission s given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursrant to this purchase order. bill must accompany invoice. Additional charges for packing will trot be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is If the Purchaser directs the Seller to comet nonconforming or defective goads by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thamfler indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distance. may cause the work to be performed by the most expeditious means available to it, and the Sella shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and roles of the sate, municipality, territory or political subdivision where the work is performed, or required by any other duly committed public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fan Collins harmless from and against all liability and loss incurred by them by reason of an warned or established violation of my such laws, regulations, ordinances, rules and requirements. Authorization. All parties 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 terns and conditions sated herein set Forth and my supplementary or additional terms and conditions normal hereto or incorpomred herein by reference. Any additional or different terms and conditions proposed by sal let 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 date as noted. Time is of the essence. Delivery and performance must be effected within the time stored on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of my delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Sell" liable for damages. However, the Seller shall not be liable for damages m a result of delays due to causes not reasonably foreseeable which are beyond is reasonable control and without its fault of negligence, such acts of God, acts of civil or military authorities, governmenal priorities, Cues, strikes, food, epidemics, wars or nos provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller Cost received knowledge thereat In the event of my 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 warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of are and competence in accordance with accepted standards for work of a similar whore. The Seller agrees to hold the purchaser harmless from my loss, damage or expense which the Purchaser may suffer or incur on ncomt of the Sellers breach of warranty. The 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 tears of my applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting frown imperfect or defective work dour or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not wwtihote a waiver of my claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or gummums, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF PDNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by women change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any change. 1. the menu, other than least ... including additions to or del"ions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If my such change affars the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to my or all pordow of the goods then not shipped, subject to my equitable adjustment between the parties as To my work or materials then in progress provided that the Purchaser shall not be liable for my claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to my goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of try of their obligations as to my goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assured within thirty (30) days from the date the change or termination is ordered 8. COMPLIANCE WITH LAW. The Sell" warrants that all goods sold hereunder shall have been produced, sold. delivered and furnished in strict compliance with all applicable laws and regulations m which the goods are subject. The Sell" shall execute and deliver such documents as may he required to effect or evidence compliance. All laws and regulations required to be incorporated in agreement of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered 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 prior watt= consent of the other party. 10. TITLE. The Seller warns full, clear and unrestricted title To the Pachaa" for all equipment, materials, and items furnished in performance of this agreement free and clear of my and all liens, restrictions, reservations, security interest awumbrawes and claims of others. The Seller shall release the Purchaser and its contractors of my tier from all liability and claims of my nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees of such parry. The Sellas contractual obligations, including warranty, shall not be droned to be reduced, in my way, because such work is performed or caused To be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Sell" shall indemnify and save harmless the Purchaser from my 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 tray be obliged to pay by reason of such infringement at my time during the prosecution 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 nit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure fen the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninfnnging equipment, or modify it so it becomes noninfringing. IS. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for my of the Sellers property or business, this order tray forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of teens used or the interpretation of the agreement and the rights of al I parties hereunder shall be construed under and governed by the laws of the Sate of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Representotive(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall "my on said work at Seller's own risk until the same is fully completed and accepted, and shall, in case of my accident, destruction or injury to the work and/or materials before Seller's foal completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by the Sell", the Sella shall receive, unload, score and handle now at the site and become responsible therefor m though such materials and/or equipment were being furnished by the Sella under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependent in accordance with the laws of the sate in which the work is In be done. The Seller .hall .1. carry comprehensive general liability including, but not limited to, contrachoal and automobile public liability insurance with bodily injury and death limits of at least 5300,000 for any one person, 5500,000 for my one accident and property damage limit per accident of 5400,000. The Sell" shall likewise requim his contractors, if my, to provide for such compensation and insurance. Before my of the Sellers or his contractors employees shall do my work upon the premises of others, the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the dare when such compensation and insurance expires. The Seller agrees that such comp mmton and insurance shall be maintained until after the =tire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sell" hereby assumes the =fire responsibility and liability for my and all damage, lass or injury of my kind or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in wnection herewith. The Seller will indemnify and hold hamnless the Purchaser and my or all of the Purchasers officers, agents and employees from and against my and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether in persona or property to which the Purchaser may be put or subject by reams of my act, action, neglect, omission or default on the pan of the Seller, my of his wntmctors, or my of the Sellers or contractors officers, agents or employees. In case my suit or other proceedings shall be brought against the Purchaser, or is officers, agents or employees at my time on account or by reason of any act, action, neglect, omission or default of the Seller of my of his contractors or my of its or their officers, agents or employees m aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the sarna a1 the Sellers own expense, to pay my and all toss, charges, attorneys fees and other expenses, my and all judgments that may be incurred by or obtained against the Purchaser or my of is or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lim 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 m once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall eke all safety precautions, furnish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without Radiation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant thereto. Revised 07/2014