Loading...
HomeMy WebLinkAbout102654 SCHRADER PROPANE - PURCHASE ORDER - 9120004PURCHASE ORDER PO Number Page City Of 9120004 1 of 2 `t Collins This number must appear ` on all invoices, packing slips and labels. Date: 01/03/2012 Vendor: 102654 SCHRADER PROPANE PO BOX 495 FORT COLLINS Colorado 80522-0495 Ship To: FLEET SERVICES - MAIN SHOP CITY OF FORT COLLINS 835 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 01/03/2012 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Propane Blanket order to cover the cost of propane for fiscal year 2012. Sites include 6570 Portner Rd (Transfort) and 835 Wood St. All requests for fuel shall be made by City Parts department only. All deliveries shall be accompanied by an invoice or delivery ticket. This purchase order is for the procurement of goods and/or services, as needed during the current fiscal year. Dollar amounts specified are estimates and not a promise to purchase any minimum amount of goods and/or services. 9zt�-� C. 0,/U;-9k L�E- 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 10,000.00 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 Hy statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-W562. Federal Excise Tax Exemption Certificate of Registry U-6000587 is registered with the Collector of Internal Revenue, Denver Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit may be returned to von for credit and arc not to be replaced except upon receipt of written instructions from the City of Fen Collins. Inspection. GOODS arc subject to the City of Fen Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance ofthe terms and conditions hereof, failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofmr payment for goods hereunder or approval ofthe design, shall not release the Scllcrof any of the warranties or obligations of this Purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hercunda, nor shall any purported anal mod i fientien or resciss inn of this purchase order by the Purchaser operate as a waiver of any of the terms hcrcnf. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. A SSIGN M ENT OF ANTITRUST CLA I M S. 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 overchirges resulting from antitrust ACCEPTANCE is dependent upon completion oral] applicable required inspection pmecdures. violations arc in fact home by the Purchaser. Theremfnm, 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.R., City of Fen Collins. 700 Wood St. Fen Collins. CO 80522. unless acquired under federal or state antitrust laws for such overcharges relating to the paniculm 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 SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans M the country, shipment is If the Purchaser directs the Scllcr 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 from Invoice when Purchaser and the Seller, and the Seller thereafier indicates its inability m unwillingness m comply, the Pamhaser shipments arc 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 casts associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulation, ordinances and miles of the state, municipality, territory or political sulalivisinn where the work is perforated, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller lumber more" 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. Authorization. All parties to this contract agme that the representatives arc, in fact bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acccPmnec to the terms and conditions stated herein set (onh and any supplemcnmry or additional terms and conditions annexed hereto 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 premised delivery date as noted. Time is ofthe essence. Delivery and performance most be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including. without limitation, acceptance of partial late deliveries, shall operate as a waiver of this prevision. In the event ofany delay. the Purchascr shall have, in addition to other legal and equitable remedies the option ofplacing this order elsewhere 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. each acts of God, acts ofcivil or military authorities, governmental priorities, fires, strikes. Rood, epidemics, ears or riots provided that notice ofthe 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 estended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will he fit for the purposes intended, and performed ,with the highest degree of care and competence in accordance with accepted standard for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warm dy. The Seller 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 terms orally applicable warmmer provided by the Seller aficr the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seiler. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this uwrmnty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately "used by the breach ofany ofthe foregoing warranties or guamnices, but such liability shall in no event include Ion ofprofits or loss cruse. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANCES 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 from the quantities originally ordered in the specification., or dmwingz, by verbal or written change under. If any such change affects the amount due or the time ofperformanec hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, temminatc this agreement as to any or all Portions ofthe 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 anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages. and that no such adjustment he made in favor ofthe Seller with respect to any goods which arc the Scllcrs standard stock. No such termination shall relieve the Purchaser or the Seller orally 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. R. COMPLIANCE WITH LAW. The Seller warrants that all gads sold hereunder shall have been produced. sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goads arc subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to he incorporated in agreements of this character am hereby incorporated herein by this reference The Seiler 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 parry shall assign, Transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent ofthe other party. 10. TITLE. The Scllcr wnrmnts full, clear and unrestricted title to the Purchaser for all equipment materials, and items famished in perfommancc of this agreement free and clear of any and all liens restrictions. reservations, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance nfsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees of such party. The Seiler', contractual obligations, including warranty, shall not be deemed to be reduced. in any way, because such work is performed or caused to be perforated by the Purchascr. 14. PATIENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent trademark or copyright, the Scllcr 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 ,hall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason ofsnch inftingcm"t at any time during the prosecution or after the completion of the work. In case said equipment or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or part is enjoined, the Seiler shall, at its own expense and at its option, either procure for the Purchascr the right to continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seiler shall become insolvent or bankrupt make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchascr without liability. 16, GOVERNING LAW. The definitions of terms used or the interpretation oflhc agreement and the rights oral] panics hereunder shall be conetmM under and governed by the laws ofthe State of Colomde. USA. The following Additional Conditions apply only in cases where the Seiler is to pafarm work hereunder. including the services of Scllcrs Rerneworanvc(s), on the premises artifacts. 17. SELLERS RESPONSIHILITY. The Seiler shall tarty 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 Sellers final completion and acceptance, complete the work to Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment are 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. IR. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational dimase benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependent% in accordance with the laws of the state in which the work is to be clone. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits oral Icast S300.0,M0 for any one person, S500,000 to, 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 insu area. Before any of the Scllcr, or his contractors employees shall do any work upon the premises of mhcrs, the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have been pmvidcd. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates 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, Ion or injury, ofany kind or nature what,nevcr to persons or property caused by or resulting from the execution ofthe work provided for in this purchase caterer in connection berets ith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, agents and cmployccs front and against any and all claims. loses, damages. charges or expenses, whether direct or indirect, and wilcther to persons or property, to which the Purchaser may be pat or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In ease any suit or other Proceedings shall be bought against the Purchase, or its effects, agents or emplovees at any time on account or by reason of any act. action, neglect omission or default of the Seller ofany of his contractors or any of its err their officers, agents or employees as aforesaid. the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be ireturned by or obta Toed against the Purchaser or any of its or their office¢, agents or employees in such snits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said panics in or as a result ofsuch 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, famish and install all guards necessary for the prevention of .accidents, comply with all law., 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