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HomeMy WebLinkAbout114422 DOWNTOWN ACE HARDWARE - PURCHASE ORDER - 9116752PURCHASE ORDER PO Number Page City of�7 9116752 1 of 2 `t Collins This number must appear on all invoices, packing slips and labels. Date: 11/09/2011 Vendor: 114422 DOWNTOWN ACE HARDWARE 215 S COLLEGE AVE FORT COLLINS Colorado 80524 Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 11/09/2011 Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Extended Ordered Price i LED Holiday Lighting C3. O✓la-�-n4 � 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 1 LOT LS Total Invoice Address: $8,000.00 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 Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 9S-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000597 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to loom.] Rcvenuc, Denver, Colorado (Rcf Colorado Revised Statutes 1973. Chapter 39 26. 114 (a). exercise any rights or remedies pmvided herein or by low, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofthe 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 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 mourned to you for credit and arc not to be replaced except upon receipt of wTinen purchaser to insist upon strict performance hercoforany ofits rights or remedies act to any such cords, regardless instas uctiafrom the City of Fact Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder. nor shall anv purported oral mdificetion or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. hereof. Final Accepmncc. 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 m 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 Purchascr. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchascr any and all claims it may now have or hereafter Freight Tcoi Shipments must be F.O.B., City of Fort Collins, 700 Wood St., Fan Collins, CO 50522, unless acquired under federal or state antitrust Imes 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 Purchascr pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLF,RS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is Ifthc Purchascr directs the Seller to correct nonconforming 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 fmm Invoice when Purchaser and the Seller, and the Seller (hereafter indicates its inability or unwillingness to comply, the Purchascr shipments are made fmm greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at Scllcrs sole cost all necessary permits. cerrificaws and licenses required by all applicable laws, regulations. ordinances and rules 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 form and against all liability and Inns incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances rules and requirements. Authorization. All parties to this contact agree that the representatives are. in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order capressly limits acceptance to the terms and conditions stated herein sct forth and any supplementary or additional temps and conditions annexed hereto or incorporated herein by reference. Any additional or different teams 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 Unite on your premised 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 acts of the Pumbasrs including, without limitation, acceptance ofp anal late deliveries, shall operate as a waiver of this provision. In the event of any delay. the Purchascr shall have, in addition to other legal and equitable remedies, the option of placing this order dwwhcm and holding the Seller liable for damages. However. the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable cone( and without its fault of negligence. such acts of God, acts of civil or military authorities, governmental priorities, fires, strikes, Rood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchascr within five (5) days of the time when the Seller first nccivd 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 waarrnt 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 parpows intended, and performed wilt the highest degree of care and compacoce in accordance with accepted standards for work of a similar wmrc. The Seller agrees to hold the purchaser harmless from any Inns, damage or expcnsc which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Scllcr shall replace, repair or make good, without cost to the purchawt any defects or faults arising within one (1) year or within such longer period of time as may be pm.wHbd by law or by the terms of any applicable warranty pmvided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from impermct or defective work done or materials fumishd by the Seller. Acceptance or use of good by the Pumhaur shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purehas order, the Scllcrs liability hereunder shall extend to all damages proximately camad by the breach of any of the foregoing onmatics or guanntces, but such liability shall in no event include loss of pmfits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms. other than legal terms, including additions m or dcictioos 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,enturro nce hereunder, an equitable adjustment shall be made. 6. TERMINATIONS, The Purchascr 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 Fort provided that the Purchascr .shall not be liable for any claims for anticipated pmfits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment he made in favor of the Seller with respect to any good which are the Sellers standard stock. No such tcrminurion shall relieve the Purchascr or the Scllcr of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hertmnder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods am subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agnecmcn(s of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchascr hamdess from all costs and damages sutferd by the Purchaser as a result of the Scllcrs failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other parry. 10. TITLE. The Seller warrants hell, clear and unrestricted title to the Purchaser for all equipment materials, and items furnished in performance of this agreement free and clear of any and all liens, restrictions reservations, security interest cneumbnnccs and claims of others. The Seller shall release the Purchascr and its contractors of any tier from all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, omce. and emplovees ofsuch party. The Scller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to he performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, tidemark Or copyright, the Seller shall indemnify and save harmless the Purchascr from any and all claims for infringement by ..on of the use of such patented design, device, material or process in connection with the comtact, and shall indemnify the Purchascr for any east, 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 ease said equipment or any part thereof or the intended use of the good, is in such suit 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 for the Purchascr the right to continue using said equipment or pans, replace the same with substantially equal but anninfringing equipment, or modify it so it becomes mainfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trust" for any of the Sellers property or business. this odor may forthwith be canceled by the Purchascr without liability. 16. GOVERNING LAW. The definitions oftcrms used or the interpretation ofthe agreement and the rights of all parties hereunder shall be construed underand governed by the laws of the Stale of Colomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Scllcrs Representative(s), on the pmmises ofothets. 17. 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 to the work and/or materials before Seller's final completion and acceptance, complete the work at Sellces corn expense and to the satisfaction of the Purchascr. Whcn materials and equipment are fumishcd by others for installation or erection by the Seller. the Seller shall receive, unload, store and handle same at the site and became responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. IS. INSURANCE. The Seller shall, at his own expcnsc, provide for the payment of workers compensation, including occupational discus, 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, contractual and automobile public I lability insurance .with bodily injury and death limits of at ]cast S300.01N) for any one person. S500,000 for any one accident and property damage limit per accident of S400.000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises ofothers. the Seller shall burnish the Purchascr with a certificate that such compensation and insurance have been pmvided. Such certificates shall specify the date when such compensation and insurance have been provided. Such ccrti ficates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained 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 ofany kind or nature whatsucvcr to persons or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchascr and any or all of the Purchasn affects, agents and employees from and against any and all claims, losses damages charges or expenses, whether direct or indirect and whether to persons or pmperty to which the Purchascr may be put or subject by reason of any act, action, neglect omission or default on the pan of the Seller, any of his contactors, or any of the Sellers or contractors officers, agents or employees. In case any suit or Other proceedings shall be brought against the Purchascr. or its affects, agents or employees at any time on account or by reason of any act, action, neglect omission or default of the Seller of any of his contractors or any of its or their officers. agents or employes as aforesaid, the Seller hereby agrees to asntmc the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attomeys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchascr or any of its or their oRcers, 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 Purchascr, or said panics 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 contractors 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 mlcs and regulations issued pursuant thereto. Revised 03/2010