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HomeMy WebLinkAbout102797 FORNEY INDUSTRIES INC - PURCHASE ORDER - 3211345Fort Collins PURCHASE ORDER PO Number Page 3211354 1 of 2 This number must appear on all invoices, packing slips and labels. Date: 04115/2011 Vendor: 102797 Ship To: WATER UTILITIES FORNEY INDUSTRIES INC CITY OF FORT COLLINS PO BOX 563 700 WOOD ST FORT COLLINS Colorado 80522-0563 FORT COLLINS Colorado 80521 Delivery Date: 04/14/2011 Buyer: OPAL DICK 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 Ordered Extended Price 2011 BLANKET ORDER 1 LOT LS 10,000.00 2011 BLANKET ORDER UTIL City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO 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: $10,000.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Fort Collins PURCHASE ORDER PO Number Page 3211354 1 of 2 This number must appear on all invoices, packing slips and labels. Date: 04115/2011 Vendor: 102797 Ship To: WATER UTILITIES FORNEY INDUSTRIES INC CITY OF FORT COLLINS PO BOX 563 700 WOOD ST FORT COLLINS Colorado 80522-0563 FORT COLLINS Colorado 80521 Delivery Date: 04/14/2011 Buyer: OPAL DICK 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 Ordered Extended Price 2011 BLANKET ORDER 1 LOT LS 10,000.00 2011 BLANKET ORDER UTIL City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO 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: $10,000.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Ordcr Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is I L NONWAIVER. 98-07502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance ofthe terms and conditions hereof. failum or delay to Internal Revenue. Denver. Colorado (Ref. Colorado Revised Statutes 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 broach, the acceptance ofor payment for goo&%hereunder or approval ofthc design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to mod specifications, either when shipped or due to defects of any ofthe wamntics or obligations of this purchase order and shall not be deemed a wnoer of any right of the damage in transit, may be rctumed to you for credit and am not to be replaced except upon receipt of wrinen purchaser to insist upon strict performance hereofor any of is rights or 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, not shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS ate subject to the City effort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services of equipment in response to this ardcr can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS, authorized payment on the part 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 antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact home by the Pumhascr. Theretofore, for good cause and as consideration for csecuting this 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 Fort Collins, 700 Wood St., Fort Collins, CO 80522, notes, acquired under federal or state audition Imes for such overcharges relating to the particular goods or services of u nvisc specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. When manufacturers have distributing points in various parts of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cast all necessary permits. certificates and licenses required by all applicable laws, regulations, ordinances and roles of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly 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, mlcs and requirements. Authorintion. All parties to this contract agree that the representatives are, in fact, bona title and prestress full and complete authority to bind said parties. LIMITATION OF TERMS. This Purehaee Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional term and conditions annexed herein or incorporated herein by reference Any additional or different terms and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete .shipment to arrive on your pmmiscd delivery date as noted. Time is ofthe essence. Delivery and performance most be effected within the time stated an the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operatic as a waiver of this provision. In the event of any delay, the Pumhascr shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. Ho%wven the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault ofncgligence, such acts of Gad, acts nfci,il or military authorities, governmental priodtics, fires, strikes. flood, epidemics, wars or Hats provided that notice of the conditions causing such delay is given to the Purchaser 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 equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller wxmnts that all goods, articles, materials and work catered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and pMormed with the highest degree of cam and competence in accordance with accepted standards for work of a similar nature. The Seiler agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account ofthe Scllcrs breach of warranty. The Seiler 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 tents army applicable warranty provided by the Seiler after the date of acceptance of the goods furnished hereunder (acceptance not to he unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver crony claim under this warranty. Except as otherwise provided in this purchase order, the Seller, liability hereunder shall extend to all damages proximately wund by the breach of any tribe foregoing wamntics or guarantees, but such liability shall in no event include loss ofproftts or loss cruse. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS, The Parchascr may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the term. 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 any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Pumhascr may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for anv 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 any goods which are the Sellers standard stack. No such termination shall rcl icvc the Purchaser or the Seiler of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within third (30) days from The date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All Imes and regulations required to be incorporated in agreements of this character arc hereby incerpnmmil herein by this reference. The Scllcr agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result ofthe Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order. or any monies due or to became duc hcreundet without the prior written consent tithe other parry. 10. TITLE. The Seller sermon full. clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest cncumbances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct no nsairamming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereaRer indicates its inability or unwillingness to comply, the Purchuscr may cause the work to be perforated by the most expeditions means available to it. Ind the Seller shall pay all costs associated with such work. The Seller shall release the Purchuscr and it, contractors of any tier from all liability and claims of any nature resulting form the performance of -such work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors. officers and employees of such party. The Sellers contractual obligations, 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 required to use anv design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Parchascr from any 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 may be obliged to pay by reason of such infringement at any lime during the prosecution or dint the completion of the work. To case said equipment. or any part thcrenf or the intended use of the goods, is in such suit held to constitute infringcmcnt and the use of ,aid equipment or part is enjoined, the Seller shall, at its own expense and at its option, either pros ac for the Purchaser the right to continue using said equipment or Parts, replace the same with substantially equal but noninfringing equipment or malify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors. nppoim a receiver of must" for any of the Sellers property or business. this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation ofthe agreement and the rights ofall parties hereunder shall he construed under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work herander. including the services of Scllcrs Repmsentative(s), on the premises ofnthers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sclletk own risk until the same is fully completed and accepted, and shall, in case of any accident destruction or injury to the work and/or materials bcforc Scllcr's final completion and acceptance, complete the work at Scllcr', own expense and to the satisfaction of the Purchaser. When materials and equipment arc famished by others for installation or erection 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. 19. 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 dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contraehal and automobile public liability insurance with hmlily injury anti death limits of at least S300,090 for any one Penna. 5504000 for any one accident and property damage lint per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any ofthe Sellers or his contractors employees shall do any work upon the premises ofnthers, the Seller shall famish 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 dam when such compensation and insurance expires. The Scllcr agree, that such compensation and insurance shall be naimnined until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofan , kind or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in this purchase order for in connection herewith. The Seller will indemnify and hold harmless; the Parchascr and anv or all of the purchasers ollfc as. agents and employees from and against any and all claims, losses, dznages, charges or expenses whether direct or indirect, and whether to persons or pmperty to which the Purchaser may be put or subject by reason of any net, action, neglect omission or default on the pan of the Scllcr, any of his con", ctors, or any of the Scllcrs or commnors effects, agents or employees In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees rat nny time on account or by reason of any act, action, neglect. omission or default of the Scllcr of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thcrenf and to defend the same at the Sellers own expense, to pay any and all costs, charges, artomcys fees Ind mhcr expenses. any and all judgments that may he incurred by or obtained against the Purchaser or any of its or their officers. agents or employees in such suit or other proceedings and in case judgment or other lien be placed upon or obtained against the progeny of the Purchaser, or said parties in cons a result ofsuch suits or other proceedings, the Seller will at once cause the an to be dissolved and discharged by giving bond or when, sc. The Scllcr and his contractors ,hall take all safety precautions. Famish and install all guards necessary for the prevention of accidents, comply with all laws and regt lmions with regard to safety including, but without Iimiti ion, the Occupational Safetyand Ihealth Act of 1970 and all odes and regulations issued pursuant thereto. Revised 03/2010 Purchase Ordcr Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is I L NONWAIVER. 98-07502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance ofthe terms and conditions hereof. failum or delay to Internal Revenue. Denver. Colorado (Ref. Colorado Revised Statutes 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 broach, the acceptance ofor payment for goo&%hereunder or approval ofthc design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to mod specifications, either when shipped or due to defects of any ofthe wamntics or obligations of this purchase order and shall not be deemed a wnoer of any right of the damage in transit, may be rctumed to you for credit and am not to be replaced except upon receipt of wrinen purchaser to insist upon strict performance hereofor any of is rights or 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, not shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS ate subject to the City effort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services of equipment in response to this ardcr can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS, authorized payment on the part 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 antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact home by the Pumhascr. Theretofore, for good cause and as consideration for csecuting this 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 Fort Collins, 700 Wood St., Fort Collins, CO 80522, notes, acquired under federal or state audition Imes for such overcharges relating to the particular goods or services of u nvisc specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. When manufacturers have distributing points in various parts of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cast all necessary permits. certificates and licenses required by all applicable laws, regulations, ordinances and roles of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly 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, mlcs and requirements. Authorintion. All parties to this contract agree that the representatives are, in fact, bona title and prestress full and complete authority to bind said parties. LIMITATION OF TERMS. This Purehaee Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional term and conditions annexed herein or incorporated herein by reference Any additional or different terms and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete .shipment to arrive on your pmmiscd delivery date as noted. Time is ofthe essence. Delivery and performance most be effected within the time stated an the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operatic as a waiver of this provision. In the event of any delay, the Pumhascr shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. Ho%wven the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault ofncgligence, such acts of Gad, acts nfci,il or military authorities, governmental priodtics, fires, strikes. flood, epidemics, wars or Hats provided that notice of the conditions causing such delay is given to the Purchaser 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 equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller wxmnts that all goods, articles, materials and work catered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and pMormed with the highest degree of cam and competence in accordance with accepted standards for work of a similar nature. The Seiler agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account ofthe Scllcrs breach of warranty. The Seiler 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 tents army applicable warranty provided by the Seiler after the date of acceptance of the goods furnished hereunder (acceptance not to he unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver crony claim under this warranty. Except as otherwise provided in this purchase order, the Seller, liability hereunder shall extend to all damages proximately wund by the breach of any tribe foregoing wamntics or guarantees, but such liability shall in no event include loss ofproftts or loss cruse. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS, The Parchascr may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the term. 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 any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Pumhascr may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for anv 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 any goods which are the Sellers standard stack. No such termination shall rcl icvc the Purchaser or the Seiler of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within third (30) days from The date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All Imes and regulations required to be incorporated in agreements of this character arc hereby incerpnmmil herein by this reference. The Scllcr agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result ofthe Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order. or any monies due or to became duc hcreundet without the prior written consent tithe other parry. 10. TITLE. The Seller sermon full. clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest cncumbances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct no nsairamming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereaRer indicates its inability or unwillingness to comply, the Purchuscr may cause the work to be perforated by the most expeditions means available to it. Ind the Seller shall pay all costs associated with such work. The Seller shall release the Purchuscr and it, contractors of any tier from all liability and claims of any nature resulting form the performance of -such work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors. officers and employees of such party. The Sellers contractual obligations, 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 required to use anv design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Parchascr from any 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 may be obliged to pay by reason of such infringement at any lime during the prosecution or dint the completion of the work. To case said equipment. or any part thcrenf or the intended use of the goods, is in such suit held to constitute infringcmcnt and the use of ,aid equipment or part is enjoined, the Seller shall, at its own expense and at its option, either pros ac for the Purchaser the right to continue using said equipment or Parts, replace the same with substantially equal but noninfringing equipment or malify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors. nppoim a receiver of must" for any of the Sellers property or business. this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation ofthe agreement and the rights ofall parties hereunder shall he construed under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work herander. including the services of Scllcrs Repmsentative(s), on the premises ofnthers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sclletk own risk until the same is fully completed and accepted, and shall, in case of any accident destruction or injury to the work and/or materials bcforc Scllcr's final completion and acceptance, complete the work at Scllcr', own expense and to the satisfaction of the Purchaser. When materials and equipment arc famished by others for installation or erection 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. 19. 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 dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contraehal and automobile public liability insurance with hmlily injury anti death limits of at least S300,090 for any one Penna. 5504000 for any one accident and property damage lint per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any ofthe Sellers or his contractors employees shall do any work upon the premises ofnthers, the Seller shall famish 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 dam when such compensation and insurance expires. The Scllcr agree, that such compensation and insurance shall be naimnined until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofan , kind or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in this purchase order for in connection herewith. The Seller will indemnify and hold harmless; the Parchascr and anv or all of the purchasers ollfc as. agents and employees from and against any and all claims, losses, dznages, charges or expenses whether direct or indirect, and whether to persons or pmperty to which the Purchaser may be put or subject by reason of any net, action, neglect omission or default on the pan of the Scllcr, any of his con", ctors, or any of the Scllcrs or commnors effects, agents or employees In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees rat nny time on account or by reason of any act, action, neglect. omission or default of the Scllcr of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thcrenf and to defend the same at the Sellers own expense, to pay any and all costs, charges, artomcys fees Ind mhcr expenses. any and all judgments that may he incurred by or obtained against the Purchaser or any of its or their officers. agents or employees in such suit or other proceedings and in case judgment or other lien be placed upon or obtained against the progeny of the Purchaser, or said parties in cons a result ofsuch suits or other proceedings, the Seller will at once cause the an to be dissolved and discharged by giving bond or when, sc. The Scllcr and his contractors ,hall take all safety precautions. Famish and install all guards necessary for the prevention of accidents, comply with all laws and regt lmions with regard to safety including, but without Iimiti ion, the Occupational Safetyand Ihealth Act of 1970 and all odes and regulations issued pursuant thereto. Revised 03/2010