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HomeMy WebLinkAbout467921 3M COMPANY - PURCHASE ORDER - 9110246 (3)City of art Collins PURCHASE ORDER PO Number Page 9110246 1 of 2 This number must appear on all invoices, packing slips and labels. Date: 12/15/2011 Vendor: 467921 Ship To: RISK MANAGEMENT DIVISION 3M COMPANY CITY OF FORT COLLINS dba Aearo Technologies LLC 215 N MASON, 2ND FLOOR 2925 GARY DR FORT COLLINS Colorado 80524-4 PLYMOUTH Indiana 46563 Delivery Date: 01/10/2011 Buyer: DAVID CAREY 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 Ordered UOM Unit Price Extended Price 7 Safety Glass Program 1 LOT EA 6,500.00 Addendum Total $6,500.00 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 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 L 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 pefbmam nce of the tenons and conditions hcrcof, failure 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 goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to mod specification, 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 for credit and arc not to be replaced except upon receipt of wrinca purchaser to insist upon strict performance hcrcof or any of its rights or remedies as to any such good, regardless m City instructions fmthe of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default heru ender, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any M'the terms Inspection. GOODS arc 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 paymcm on the pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser rctognizc that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations am 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 most be F.O.B., City of Fort Collins, 700 Wood St.. Fen Collins, CO 80522. 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 Purchaser pursuant to this purchase order. bill most accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is Ifthe purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected fmm the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made fmm greater distance. may cause the work to be performed by the most expeditious means mailable to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall procure, at sellers sole cost all amessary permits, certificates and licenses required by all applicable laws regulations, ordinances and mes of the state, municipality, territory or political subdivision where the work is perforated, ar 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 fmm 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. Authonzation. All panics to this contract agree that the representatives ore, in fact, bona fide and possess full and complete authority to bind slid panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the teats and conditions stated mmin set forth and any mpplemernary or additional terms 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 ofthe cmacc. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without Iimitation, acceptance ofpnnial 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 nfplacing this order elsewhere and holding the Seller liable for damages. However, the Sellershall not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence. such acts of God, acts ofcivil or military authorities, governmental priorities, finis, strikes, flood, epidemics, wars or riots 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 mch 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 conform with applicable drawings, specifications, samples and/Or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of cam and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser brimless Term any loss, damage or expense which the Purchaser may suffer Or incur on account of the Scllers breach of warranty. The Seller shall replace, repair or make fund, without crest to the purchaser, any defects or faults arising within one (1) year or within such longer period of rime as may he prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to he unreasonably delayed), resulting front 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 TM PLI ED 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 Ions. other than legal terms, including additions to or deletions fmm the quantities originally Ordered in the speeifiwrions or drawings. by verbal or written change order. If any such change affects the amount due or the time ofperfa m ina hereunder, an equitable adjustment shall he 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 equiable 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 anticipated profits on the uncompleted portion of the gads and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Scllcr with respect to any .its which arc the Sellers standard stock. No such moraination shall relieve the Purchaser or the Seller 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 fmm 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 furnished in strict compliance with all applicable laws and regulations to which the gads are subject. The Seller shall execute and deliver such daunsnts as may be required to effect or evidence compliance. All laws and regulations required to he incorporated in agreements of this character are herchy incorporated herein by this reference. The Seller agrees to 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 any monies due or to become due hereunder without the prier oTinen consent of the other party. 10. TITLE. The Seller warrants 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, serrations, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tier farm 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 party released and shall extend to the directors. effects and employees of such panv. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is perfomwd 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 letter, 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 pmeess 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 ofmch 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 grads, is in such snit 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 Purchaser the right to continue using said equipment or pans, replace the sane with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or hankmpt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business this order may forthwi lh be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions forms used or the interpretation ofmhe agreement and the rights ofall parties hereunder-shml he construed under and governed by the laws ofthc State of Colamdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the scniccs of Scllers Reprcsentative(s), on the premises ofothcrs. 17. SELLERS RESPONSIBILITY. The Seller shall carry on mid 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 Seller's own expense and to the statist scion of the Purchaser. When mmerials and equipment are furnished by others for installation or erection by the Seller, the Seller shall receive, unload. stare and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Scller under heartier. IS. INSURANCE. The Seller shall, at his own expense. provide for the payment of workers compensation, including Occupational disease benclits. 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 mark is to be done The Seller shall also carry comprehensive general liability including, but not limited to contractual and automobile public liability mono es. with bodily injury and death limits of at least S300,000 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, irony. to provide for such compensation and insurance. Before any of the Sellers or his contmctors employees shall do any work upon the promises oftnhers, the Seller shall furnish the Purchaser with a certificate that such crxmpenmtion and insurance have bra provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the dare wb rt such compensation and insurance expires. The Scllcr agrees that such eompenmtion and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby as tames the entire responsibility and liability for any and all damage, loss or injury of any kind or nature whatsoever to persons or property caused by err resulting fmm the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, agents and employees fmm and against any and all claims, losses, damages. charges or expenses. whether direct or indiral, and whether to persons or property to which the Purchaser may be put or subject by reason of any act action, neglect omission or default on the pan of the Scllcr, any of his connectors, or any of the Sellers or cmumcors offecrs, agents or employees. In case any suit or other pra"alings shall be brought against the Purchnscr, or its o0iccis, 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 employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same al the 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 ofiem., agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or Obtained against the property ofthc Porch ucr, or said panics in or as a result of such suits or other proceedings, the Scllcr 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 odes and regulations issued pursuant thereto. Revised 03/2010