Loading...
HomeMy WebLinkAbout102556 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC - PURCHASE ORDER - 3212078PURCHASE ORDER PO Number Page City Of 3212078 1 of z } CollinsThis number must appear ` ` 1 1J on all invoices, packing slips and labels. Date: 01/06/2012 Vendor: 102556 Ship To: TRAFFIC OPERATIONS CONSOLIDATED ELECTRICAL CITY OF FORT COLLINS DISTRIBUTORS INC 626 LINDEN STREET 1717 HEATH PARKWAY FORT COLLINS Colorado 80524 FORT COLLINS Colorado 80524 Delivery Date: 01/06/2012 Buyer: JOHN STEPHEN 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 Electrical Supplies 1 LOT LS 20,000.00 Annual Total $20,000.00 U City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill ll, 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 Font. Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax escmptici By statute the City of Fort Collins is exempt form state and local taxes. Our Exemption Number is 11. NONWAIVER. 99-04502. Federal Excise Tax Exemption Certificate of Registry 94-6000597 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 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 went of n breach, the acceptance efor payment for good hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, tither when shipped or due to defects of any of the Warranties or obligations of this purchase order and shall not be deemed a ,aivcr ofany right of the damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of Written Purrchaser to insist upon strict performance hercofor any of its rights or remedies as to any such goods, regardless instructions from the Ciro of Fort Collins. of When shipped, received or accepted, Us to any prior or subsequent default hcrcu ndcr, nor shall any purported oral much ficatioo 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 Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OFANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to be undntroad 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 home 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 hcrcu Rer Freight Terms. Shipments must be F.O.B., City of FUN Collins. 700 Wood St. Fort Cnllini CO 80522. unless acquired under federal or state antitrust laws for such overcharges relating to the particular goads or services otherwise specified on this order. If permission is givcn to prepay freight aad charge separately, the nriginnl freight parclased or acquired by the Porehaser pursuant to this purchase order. bill most accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Whom manufacturer, have distributing points in various pans of the country, shipment is expected form the nearest distribution point to datimtion, and excess freight will be deducted man Invoice when shipments are made form greater distance. Permits. Seller shall procure, at sellers sole cast all necessary permits, certificates 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 mark of yonder. Seller further agrees to hold the City of Fort Collins hamiless from and against all liability and loss incurred by them by my cart of an asserted or established violation of any such laws, regulations, ordinances, mlcs and requirement. Amhorintion. All panics to this contract agree that the representatives arc, in fact. bona ride and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchas Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hacto or incorporated herein by refcrerec. Any additional nr different terms and conditions proposed by Scllcr arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you canna make complete shipment to arrive on your premised delivery date as noted. Time is ofthe essence. Delivery and performance must be effected Within the time stated on the purchase order and the documents attached hemto. No acts of the Purchasers, including, without limitation, acceptance oflemial late deliveries, shall operate as a waiver ofthis prevision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplaeing 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 afnegligence, such acts fGod, acts ofeivil 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 Purchaser within fee (5) days m(me 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 ofthc 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 he fn for the purposes 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 cxpcnsc Which the Purchaser may suffer or incur on account ofthe Sellers breach of warranty. The Seller shall replace, repair or make good, without cast to the purchaser. any defects or faults arising Within one ( I ) year or Within such longer period of time as may he prcwribed by Iry or by the terms ofany applicable warranty provided by the Seller after the date of acceptance ofthe goods furnished hereunder (acceptance not to he unreasonably delayed), resulting from imperfect or defective work done ar materials Furnished by the Seller. Acccpmnec or use of goods by the Purchaser shall not constitute a waiver ofany claim under this ,am, my. Except as otherwise provided in this purchase order. the Sellers liability hereunder shall extend to all damages proximately caused by the breach ofany 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 termv by written change order, S. CHANGES IN COMMERCIAL TEUTS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or dcletinns from the quantities originally ordered in the specifications or dmsvings, by verbal or .mitten change order. If any .such change affects the amount due or the time ofpafarmance hercunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by w'rinen 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 ns to any work or materials then in progress provided that the Purchaser shall not he liable for any claims for anticipated profit on the uncompleted portion ofthe goods and/or work, for incidental or consequential damages. and that no such adjustment he made in favor ofthe Seller with respect to any grad which are the Sellers .standard stock. No such Termination shall relieve the Purchaser or the Seller ofany of their obligations as to any goods delivered hercunder. 7. CLAIMS FOR ADJUSTMENT. Any claim fm adjustment must be asserted within thirty (30) days fmm 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 the goods are subject The Seller shall execute and deliver such document as may be required to effect or evidence compliance. All laws and regulations required to he incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless fmm all costs and damages suffered by the Purchaser as a result of the Scllcrs failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become dmc hereunder without the prior Written consent of the other party. 10. TITLE. The Seller warrants full. clear and unrestricted title to the Purchaser for all equipment, materials, and items fumishcd in pcdormance of this agreement free and clear of any and all liens, restrictions, rescri-mmus, .security interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Scllcr, and the Seller 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 tier from all liability and claims ofany nature resulting form the performance ofsuch Work. This release shall apply even in the event of fault of negligence of the par released and shall extend to the directors, officers and employees ofsuch party. The Seller's contractual obligations, including warnry. shall not be deemed to he reduced, in any Way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whimever 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 process in connection With the contract, and shall indemnify the Pumhascr for any cast, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or ether the completion ofthe 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 pan is enjoined, the Seller shall, at its own expense aad at its option either procure far the Purchaser the right to continue using said equipment or pans. replace the same with substantially equal but noninfringing equipment, or modify use it becomes naninfrJnging. 15ANSOLVENCY. If the Seller 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 Purchaser without liability. 16. GOVERNING LAW. The definitions oftcmu axed or the interpretation ofthc agreement and the rights ofall panics hercunder shall be cnnsmrod under and governed by the laws ofthe Stale ofCnlomdo. USA. The following Additional Conditions apply only in eases Where the Seller is to pe,fomu work hereunder. including the services of Sellers Representntive(s), on the premises Uf otlmrs. 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 fail completion and acceptance complete the Work at Sellers own expense and to the satisfaction of the Purchaser. When mmerialx and equipment arc furnished 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 mnlerud and/or equipment were being furnished by the Seller under the order. IR. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers contpersatinn, including occupational disease benefit.,, to its employees employed on or in connection with the work covered by this purchase enter, and/or to their dependent in accordance with the laws of the state in which the Work is to be There. The Seller shall also carry comprehensive general liability including, but not limited to. contractual and automobile public liability Insorance with m,dily injury and dear uric ofat hU,,, S300,000 for any one person. S5e0.0o0 for arty one accident and property damage limit per accident of S400.006. 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 pmnniucs 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 been provided. Such certificates shall specif 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, lass or injury ofany kind or nature whatsoever to persons or property caused by or resulting fmm the execution of the Work provided for in this purchase order or in connection hacwi th. The Seller will indemnify and hold hamiless the Purchaser and any or all of the Purchasers of ecm. agents and employees fmm 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 put or subject by mason of any act, action, neglect, omission or default on the pan of the Scllcr, any of his contractors. or any of the Scllcrs or contractors effects. agents or employees. In case any suit or other proceedings 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 of the Seller ofany 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 at the Sellers own expense to pay any and all costs, charges, anomcys fears 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 such suits or other pmccodings. and in ease judgment or other lien be placed upon or obtained against the pmpcny ofthe Purchaser, or said parties 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, famish 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 mles and regulations issued pursuant therctn. Revised 03/2010