Loading...
HomeMy WebLinkAbout551633 CREATIVE STAINED GLASS STUDIO - PURCHASE ORDER - 9151989City of art Collins PURCHASE ORDER Date: 04/06/2015 Vendor: 551633 CREATIVE STAINED GLASS STUDIO 5318 EVERGREEN HTS DR EVERGREEN CO 80439 PO Number Page 9151989 1o12 This number must appear on all invoices, packing slips and labels. Ship To: LINCOLN CENTER CITY OF FORT COLLINS 417 W MAGNOLIA FORT COLLINS CO 80521 Delivery Date: 04/03/2015 Buyer: PAUL, GERRY Note Line Description Quantity UOM Unit Price Extended Ordered Price APP Admin Building Interior 1 LOT LS 2,500.00 Design Contract 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 Invoice Address: 500.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 invoices @fcgov.com Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state 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 to insist upon strict performance of the tears and conditions hereof, failure or delay to Internal Reveme, Denver, Colorado (Ref Colorado Revised Stamm 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly ratify 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 Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of my of the warranties or obligations of this purchase order and shall Out be darned a waiver of any right of the damage in transit, may be remained to you for credit and are not to be replaced except upon receipt of wrium purchaser to insist upon strict performance hereof or my of its rights m remedies as to any 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 coal 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 to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antimst ACCEPTANCE is dependent 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 Sella hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terns. Shipments most 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 is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser paramour to this purchase order. bill most accompany invoice. Additional charges for packing will rot be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where mantu ufacrers have distributing points in various parts of the country, shipment is If the Purchaser directs the Seller to caned mancmdmming or defective goods 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 aed the Seller, and the Seller thereafter 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 Seller shall pay all cons auociated 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 odes of the state, municipality, territory or political subdivision where the work is performed, or required by any other duty constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requirements. Authorization. All parties m this contract agree that the representatives are, in fact, hate fide and possess fall and complete authority to bind said patties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terns and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you carrot make complete shipment to arrive on yam promised delivery date as noted Time is of the essence. Delivery and performance most be effected within the time stated on the purchase order and the documents attached hereto. No scat of the Purchasers including, without limitation, acceptance of partial late deliveries, 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 of placing this order elsewhere and holding the Seiler liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes Out reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts of civil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or riots provided that notice of the conditions musing such delay is given to the Purchaser within five (5) days of the time wirer the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal in the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples andbr 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 car expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any 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 of the goods famished hereunder (acceptance Out to be uninummutbly delayed), tesulting from imperfect or defective work done or materials famished by the Sella. Acceptance or use of goads by the Purchaser shall not corstimte a waiver of any 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 breech of my of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser my make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. Ile Purchaser may make any changes to die terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If my such change afteccs the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchase may at my time by written change order, terminate this agreement as to any or all portions of the goods then rot shipped, subject to my equitable adjustment between the parties as to my work or materials then in progress provided that the Purchasa shall Out 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 my of their obligations as to my goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the dam the change or lamination is ordered 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold bereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods arc subject. The Sella shall execute and deliver such documents as may be required to effect m evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees in 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 bacueder without the prior when consent of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted fide to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of my and all liens, restrictions, reservations, security interest encumbrances and claims of omens The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of my name resulting from the pMormance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend m the directors, officers and employees of such party. The Sella's command obligations, including warranty, shall trot be deemed 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 later, patent, 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 cormation with the contract, mid 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 after the completion of the work. In case said equipment, or any part thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or part is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the berefit of creditors, appoint a receiver or trustee for any of flue Sellers property in business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the rights of all parties hereunder shall be construed under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in taus where the Seger is to Perform work haeurder, including the services of Sellers Representatve(s), an the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellds own risk met the same is filly completed and accepted, and shall, in case of any accident, destination a injury to the work and/or materials before Seller's final 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 section by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being famished by the Seller 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 an or in connection with the work covered by this purchase order, amLor to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive gmeml liability including, but not limited to, commctual and automobile public liability insurance with bodily injury and death limits of 9least S300,000 for my am person, 5500,000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if my, 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 Sella shag famish the Purchaser with a certificate that such compensation and insurance have been provided Such certificates shall specify the date what such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and assurance expires. The Seller agrees that such compensignm and insurance shell be maintained mtil after the more work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for my and all damage, loss or injury of my kind or nature whatsoever to persons or properly caused by or resulting from the execution ofthe work provided for in this purchase order or in crome,tion herewith. The Seller will indemnify and hold harmless the Purchaser and my or all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct m indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of my act, action, neglect, omission or default on the pan of the Sella, my of his conttaclom 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 its officers, agents or employees m my time on account or by reason of my act, action, neglect, omission or default of the Seller of my of his contractors or my of its Or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay my and all costs, charges, attorneys fees and other expenses, my and all judgments that may be incurred by or obtained against the Purchaser or my of its or their officers, 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 Seller and his contrecturs shall take 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 limitation, the Occupational Safety and Health Act of 1970 and all mles and regulations issued pursuant thereto. Revised 032010