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HomeMy WebLinkAbout474775 ALLIANCE SAFETY INC - PURCHASE ORDER - 91173160 City of Frt Collins Date: 12/12/2011 Vendor: 474775 ALLIANCE SAFETY INC 6804 E 48TH AVE UNIT H DENVER Colorado 80216 PURCHASE ORDER PO Number Page 9117316 1of2 This number must appear on all invoices, packing slips and labels. Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 12/12/2011 Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Extended Ordered Price Arc Flash Harnesses 46974 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: 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 cacmpt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise To.x Exemption Certificate of Registry 84-6000587 is rv6istercd with the Collector of Failure of the Purchaser to insist upon strict performance of the tcmu and conditions hereof. faihtrc 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 breach. the acceptance of or payment for good hereunder or approval of the design, shall not release the Seller of Goode 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 returned to you fm credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performnm hereofor any ofits rights or remedies as to anv such goods, regardless instructions from the City of Fog 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 any of the terms Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hacof. 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 antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing 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 90522. unless acquired under federal or state antitrust Imes fin such overcharges relating to the particular goods or services otherwise specified on this order. If psmmission is given to prepay freight and charge separately, the original freight porcbased m acquirod by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not he accepted. Shipment Distance Where 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 Forms Invoice when shipments are made Gem greater distance. Permits. Seller shall procure at sellers sole cost all necessary prnnirs, certificates and licenses required by all applicable laws, regulations, ordinances and talcs of the state, municipality, territory or political mmivision when 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 Fan 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, cotes and requirements. Amhoriration. All panics to this contract agree that the represcriganes are. in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Putehue Order expressly limits acceptance to the terms and conditions stated herein set fond and any supplementary or additional teens 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 cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and pafomrance must he effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpagial late deliveries, shall operate as a waiver ofthis provision. In the event afore delay, the Purchaser shall have. in addition to other legal and equitable remedies, the option ofplacing this order eleewhcm 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 are beyond its reasonable control and without its fault of negligence, such acts of Gad, acts ofeivil or military authorities, gm'emmental priorities. Gres, strikes, food, epidemics, wars or rings provided that notice of the conditions causing each delay is giwen 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 warrants that all goods, articles, materials and work covered by this order will ennfxon with applicable drawings, specifications, mantles end/or other descriptions given, will be fit for the purpeses 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 or expense which the Purchaser may mffa or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, wiflundi 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 serous of any applicable warranty provided by the Scllcr after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting fmm imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute 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 breach of any 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 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 to or deletions fmm the quantities originally entered in the specifications; or dmwm,,s,, by verbal or wvinen change rider. If any such change affects 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 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 any claims for entieipmcd protts on the uncompleted paging of the good and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Scllcr with respect to any good which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any good 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 hereunder shall have been produced. sold, delivered and furnished in strict compliance with all applicable laws and regulations to which she good arc subject. The Seller shall execute and deliver such decumcnts as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless fmm all costs and damages suffacd by the Purchaser as a result urge Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, o-ansfer, or convey this order, or any monies due or to become disc hereunder without the prior wdnen consent of the other party. 10. TITLE. The Seller warants full, 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 encumbrances and claims ofotbers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective good by a date to be agreed upon by the Purchaser and the Scllcr, and the Scllcr thereafter indicates its inability or unwillingness to comply, the Purchaser 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. The Seller shall release the Purchaser and its contractors of any net from all liability and claims of any nnturc resulting Forms the perfx- mnec ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, omcers and employees of inch party. The Seller's 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 any design. device, material or process covered by Inner, patens, 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 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 time during the prosecution or after the completion of the work. In case said equipment, or any part thereof or the intended asc of the goods. is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its men expense and at its option, either pmcurc for the Purchaser the right to continue using said equipment or pans, 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 as. ignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business. this order may fanhn'i sh be canceled by the Purchaser without liability. 16. GOVERNING LAW. The defmitions ftern, used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be construed under and governed by the Incas ofthe State of Colomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform mark hereunder, including the services of Sellers Representativex), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Scllcrs own risk until the mate is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Sclices final completion and acceptance, complete the work at Scllers own expense and to the msisfaction ofthe Purchaser. When materials and equipment arc htmished by others for installation or erection by the Seller. the Seller shall receive, unload, store and handle same at the site nod become responsible therefor as though .each mmerwl and/or equipment were being furished by the Scllcr under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease bcnefns. 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, connargird and automobile public liability Irsumnce with bodily injury and death limits of at leas S VX1.000 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 ofthe Sellers or his contractors employees shall do any work upon the premises ofmhers. 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 becn provided. Such certificates shall specify the date when such mmpenmtion and insurance expires. The Scllcr agrees that such compensation and inaarance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby usmnes the entire responsibility and liability for any and all damage. loss or injury ofany kind ur assure whatsoever to persons or property caused by or resulting front the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hmmlms the Purchaser and any or all of the Purchasers officers, agents and employees form and against any and all claims, losses, damages. charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be pus or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, now of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other pmeccx ings shall be brought against the Purchaser, or its officers. agents or employees at any time on account or by reason of any act, action, neglect, omission or default ofthe Seller of any of his contractors or any of its or their oRecrs, agents or employees as aforesaid, the Seller hereby agrees to assume the defense shercof and to defend the come at she Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers. agents or employees in each miss or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, ar mid panics in or as a result of such suits or other proceedings, she 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 prccaulinns, furnish and install all guards necessary for the pm%cntinn of accidents, comply with all laws and regulations with regard to safety including, but without limitation. the Occupational Safety and Hculth Act of 1970 mad all piles and regulations issued pursuant thereto. Revised 03/2010