HomeMy WebLinkAboutCORRESPONDENCE - PURCHASE ORDER - 9174496pdfblaster:tofax=; pdfblaster:toname=NORM KEALLY;
pdfblaster:SendAs=Fax; pdfblaster:tocompany=CITY OF FORT COLLINS;
pdfblaster:toemail=nkeally@fcgov.com;
187896 1
Invoice No Page
Invoice Date
Bill To: Ship To:
7/12/2017
Invoice
CITY OF FORT COLLINS
NORM KEALLY-NATURAL AREA/TRAILS
1745 HOFFMAN MILL ROAD
FORT COLLINS, CO 80522-0580
US
CITY OF FORT COLLINS
NORM KEALLY-NATURAL AREA/TRAILS
1745 HOFFMAN MILL ROAD
FORT COLLINS, CO 80522-0580
US
PLEASE REMIT TO:
BERNTSEN INTERNATIONAL, INC.
PO BOX 8670
MADISON, WI 53708-8670 USA
800.356.7388 TEL: 800-356-7388 FAX:800-249-9794
www.berntsen.com Federal ID # 39-1158981
Dun # 07-613-4584
01
Order No Order Date Customer No Loc Sales Rep
Customer PO Number Job No Ship Via PPD/COL
Item No Qty Qty Shipped/Returned
Qty Backordered
Unit UOM
Disc%
Extended Price
128792 6/23/2017 7428
Description
TRUCK
94 SUELENA LEE
Payment Terms
NET 30 DAYS
Shipped 7/12/2017
Via Central Transport
BOL # 88442047
CBM206003 300.000
4,230.00
300.000 14.10 EA
CARS 60" BOUNDARY MARKER POST
BROWN
CBM206002 100.000
1,410.00
100.000 14.10 EA
CARS 60" BOUNDARY MARKER POST
YELLOW
0.00
450.42
0.00
6,090.42
Comments:
Misc./Handling:
Shipping/Freight:
TERMS AND CONDITIONS
1. PRICE, TAXES: THE PRICES OF THE PRODUCTS SPECIFIED HEREIN ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE TO PRICES IN EFFECT AT THE
TIME OF EACH SHIPMENT. In addition to the prices specified herein, the amount of any present or future tax applicable to the sale, purchase, manufacture, delivery,
use, handling or consumption of products or services hereunder shall be paid by the BUYER.
2. DELAYS, ALLOCATION: SELLER shall not be liable for any failure or delay in delivery due in whole or in part to fires, floods, accidents, riots, demonstrations, acts of
God, declared or undeclared war, strikes or other labor difficulties, shortage or unavailability of fuel, power, raw materials or supplies, production breakdowns, delay or
failure of usual sources of transportation, requirements or requests of any government or subdivision thereof or acts, demands, orders, or interpositions of any
government or any subdivision thereof or agent thereof which makes performance commercially impracticable or any other cause beyond the SELLER ’S control. Under
any such circumstances SELLER shall have such additional time within which to perform this contract as may be reasonably necessary and may, without liability for any
failure to perform the contract, allocate its available supply among any or all BUYERS, including subsidiaries, affiliates and departments of SELLER, in such a manner
as SELLER, in its sole discretion, may select. SELLER SHALL NOT BE LIABLE IN ANY EVENT FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR
FAILURE OR DELAY IN PERFORMANCE OR DELIVERY DUE TO ANY CAUSE WHATSOEVER.
3. WARRANTY: SELLER warrants that all products sold hereunder shall be free from defects in materials and workmanship and shall conform to the description and
specifications on the face product invoice. SELLER MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING THAT OF
MERCHANT ABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, EXCEPT FOR APPLICABLE PRODUCT WARRANTIES PUBLISHED AND SO DESIGNATED
BY SELLER. BUYER shall notify SELLER immediately of any defective product or products not meeting specifications. SELLER will be given a reasonable opportunity
to inspect the goods prior to return. No product may be returned by BUYER until after receipt by BUYER of written shipping instructions. BUYER ’S REMEDY AND
SELLER’S LIABILITY SHALL BE LIMITED SOLELY TO REPLACEMENT AT ORIGINAL POINT OF DELIVERY, REPAIR OF, OR REFUNDING THE PURCHASE PRICE
OF ANY DEFECTIVE PRODUCT OR PRODUCTS NOT MEETING SPECIFICATIONS, AT SELLER’S OPTION. SELLER SHALL NOT BE LIABLE FOR ANY INCIDENTAL
OR CONSEQUENTIAL DAMAGES, LOSSES, OR EXPENSES FOR BREACH OF WARRANTY OR FOR NEGLIGENCE, ANY COURSE OF DEALING BETWEEN THE
PARTIES TO THE CONTRARY NOTWITHSTANDING, ANY CLAIM FOR BREACH OF WARRANTY OR NEGLIGNECE, FAILURE OR DELAY IN DELIVERY OR
OTHEWISE SHALL BE DEEMED WAIVED BY BUYER UNLESS PRESENTED IN WRITING TO SELLER WITHIN SIXTY (60) DAYS FROM DATE OF DELIVERY
UNLESS MODIFIED BY THE GENERAL PRICE DATA TERMS FOR THE APPLICABLE PRODUCT. THE PRICE STATED FOR THE PRODUCT IS A CONSIDERATION
IN LIMITING SELLER’S LIABILITY.
4. CREDITS, PAYMENT TERMS: Initial terms of payment shall be as set forth on the face of product invoice. Remittances shall be as directed by SELLER. BUYER
agrees that payment to a bank or depository designated by SELLER shall not constitute payment in full or a final settlement of BUYER ’S account until accepted as such
by SELLER notwithstanding any language to the contrary on BUYER ’S check, draft or other order. THE MAXIMUM LAWFUL SERVICE CHARGES are applicable to
unpaid invoices from the due dates thereof. BUYER agrees to pay SELLER ’S cost of collection, if any, on overdue invoices, including reasonable attorney ’s fees. If
the financial responsibility of BUYER is unsatisfactory to SELLER ’S Credit Department, becomes impaired, or if BUYER fails to make any payment in accordance with
the terms of this contract, SELLER may at its sole option defer or decline to make any shipment hereunder except upon receipt of security satisfactory to SELLER or
cash payment in advance of delivery, or SELLER may terminate this contract, in which event all remaining unpaid amounts arising from this, as well as any other
contract(s) will immediately become due and payable.
5. TITLE, RISK OF LOSS: Title to products produced and shipped hereunder and risk of loss shall remain in SELLER until delivery is made in accordance with Paragraph 10
herein. If products are held or stored by SELLER at the request of the BUYER, title shall transfer to BUYER upon SELLER ’S receipt of payment of invoice. If
BUYER’S credit at any time becomes unsatisfactory to SELLER as provided in Paragraph 4 hereof and SELLER declines to make shipments except upon receipt of
satisfactory security or cash payment advance, title to the products shall not transfer to BUYER until such security or cash payments are received by SELLER. The
same shall apply to SELLER’S invoice for raw materials or goods in process which SELLER elects to sell pursuant to Paragraph 13 herein. ANY INSOLVENCY
PROCEEDING IS CONCLUSIVE PROOF THAT THE BUYER’S CREDIT IS UNSATISFACTORY.
6. INFRINGEMENT: Products sold hereunder may be used and resold without further permission with respect to SELLER ’S proprietary rights (patents, trademarks,
copyrights and trade secrets), but no other license is granted under said rights. SELLER agrees to indemnify, save harmless and defend BUYER against all claims of
proprietary rights infringement under United States law because of SELLER ’S OR BUYER’S manufacture, use or sale of any product sold hereunder, in the form so sold,
except any product which is manufactured or sold by SELLER to meet BUYER ’S specifications or requirements and is not part of SELLER ’S standard line offered in the
usual course of business. In the case of such excepted product BUYER agrees to indemnify, save harmless and defend SELLER against all such claims of
infringement. If any product sold hereunder shall include printed or graphic matter approved by BUYER, irrespective of the origin of the matter, BUYER agrees to
indemnify, save harmless and defend SELLER with respect to claims of infringement of proprietary rights or of unfair competition because of such matter. If the
BUYER uses or sells abroad any product sold hereunder BUYER agrees to indemnify, save harmless and defend SELLER against any charge of infringement of any
foreign proprietary rights concerning the product.
7. ADVICE BY SELLER: SELLER’S giving or failing to give any technical or other advice shall not impose any liability on the SELLER.
8. SHIPPING TOLERANCE: The total order and each delivery hereunder shall be subject to SELLER ’S published shipping tolerances in effect at times of delivery . If the
products covered hereunder are not listed in the SELLER ’S publications, then the total order and each delivery shall be subject to a shipping tolerance plus or minus 10%.
9. EQUIPMENT. Any equipment (including dies, tools, printing plates or cylinders, etc.) which SELLER constructs or acquires solely for use in the production of products
ordered hereunder shall be and remain SELLER’S property and SELLER’S sole possession and control. Any charges made by SELLER therefor shall be only for the use
of such equipment and shall confer on BUYER no right of any kind with respect to such equipment. When SELLER has not made shipments to BUYER for products to
be made with such equipment for a period of one year, then after 30 days written notice to BUYER, SELLER may make such disposition of equipment as it considers
appropriate. Until the expiration of any such one year period, SELLER shall deep such equipment available for the production of products by SELLER for BUYER.
10. DELIVERY TERMS: Delivery Terms, as stated on the invoice, are defined as follows:
F.O.B. DESTINATION: SELLER will bear transportation charges to the SHIP TO location served by common carrier where BUYER or his designee takes custody of
the products, when custody is taken at a point within the United States, excluding Alaska and Hawaii. If SELLER permits BUYER to designate route, method or
agency (common carrier only) of transportation, BUYER will be invoiced for the difference between the transportation charges incurred by SELLER and an amount
determined by multiplying the quantity shipped by the lowest available rate, whether carload or truckload. No transportation allowance will be made for BUYER
pickup at any point.
F.O.B. SHIPPING POINT: BUYER will bear all transportation charges, and he or his designee will take custody of the products at the SHIPPING POINT.
OTHER DELIVERY TERMS are as stated on the face of each invoice and as further defined in SELLER ’S price catalog.
ALL DELIVERY TERMS ARE SUBJECT TO CHANGE WITHOUT NOTICE TO THOSE IN EFFECT AT THE TIME OF SHIPMENT.
11. EARLY SHIPMENT: SELLER reserves the right to ship up to 14 calendar days prior to the Estimated Shipping Schedule.
12. DEFERRAL OF SHIPMENT: BUYER may defer the shipment of products for a term agreed to by both parties in writing if such an agreement is reached prior to
scheduled shipment. Products shall be invoiced immediately and shall carry a storage charge to be billed monthly. BUYER assumes all risks of product deterioration
that might occur beyond 30 days from the originally scheduled shipping date. Upon advance written notice to SELLER, BUYER may inspect any held material within 10
days of receipt of invoice. FAILURE TO INSPECT SHALL CONSTITUTE A WAIVER OF ANY RIGHT TO REJECT SHIPMENTS AT A LATER DATE ON THE BASIS OF
PRODUCT DETERIORATION.
13. CANCELLATION: Upon acceptance of a written cancellation notice from BUYER, SELLER will cancel the order as instructed; however, SELLER shall have the right to
continue the processing of the materials or articles to the point at which the processing can be halted with the least inconvenience to SELLER under the circumstances.
Cancellation charges shall be invoiced to the BUYER.
14. WAIVERS: No waiver by SELLER of any breach of any provisions hereof shall constitute a waiver of any other breach or of such provision. SELLER ’S failure to object
to provisions contained in any communication from BUYER shall not be deemed an acceptance of such provisions or as a waiver of the provisions of this contract.
Sales Tax:
Sale Amount:
Terms: Net Invoice: 6,090.42
SubTotal:
NET 30 DAYS PAYMENT 5,640.00
PLEASE PAY FROM THIS INVOICE
THANK YOU FOR YOUR ORDER!
NET 30 DAYS