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HomeMy WebLinkAbout103989 THE KELLY SUPPLY CO - PURCHASE ORDER - 9120034 (2)City of /,V'� Collins Date: 01/13/2012 PURCHASE ORDER Vendor: 103989 THE KELLY SUPPLY CO 2135 E MULBERRY ST FORT COLLINS Colorado 80524-3650 PO Number Page 9120034 1of2 This number must appear on all invoices, packing slips and labels. Ship To: DRAKE WATER RECLAMATION CITY OF FORT COLLINS 3036 ENVIRONMENTAL DRIVE FORT COLLINS Colorado 80525 Delivery Date: 01/05/2012 Buyer: ED BONNETTE 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 Extended Ordered Price 2 Credit LINE ADDED PER M.WARREN REQUEST 1/13/12. -ECB 1 LOT EA Total -55.90 Invoice Address: 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 City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 L COMMERCIALDFTAILS. Tax exemptions. By statute, the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAI VER. 99-04502. Federal Excise Tax Exemption Certificate of Registry R4.6000587 is mgistered 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 Rcviud 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 ofor payment for goods hereunder or approval ofthe design, shall not relcuse the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped orduc to defects of any of the warranties or obligations of this purchase order and shall not be deemed a xsaivcr of any right of the damage in transit may be returned to you for credit and am not to be replaced except upon receipt of written purchaser to insist upon strict performance hcreofor any ofits rights or remedies as to any such goods, regardless instructions from the City of Fort Collins. of when shipped, mccived or accepted, as to any prior or subsequent default hereunder, nor shall any p irpnned 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. hereof. 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 fmm antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact borne by the Purchaser. Tleromfum. 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.. Fun Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services othcnrise specified on this order. If permission is given to prepay (might 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 manufacmmo, have distributing points in various parts 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 arc made fmm greater distance. may cause the work to be perfnened by the most expeditious means assailable to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cast all accessary permits, eenificates and licenses required by all applicable laws, regulations, ordinances and roles 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 vendnc Seller further agrees to hold the City of Fort Collins harmless farm and against all liability and loss incurred by them by reason of an assaned or established violation crony such laws, regulations, ordinances. odes and requircem nts. Authonzation. All parties to this contract agree that the rcrumn hives are, in fact, bona fide and possess full and complete authority to bind ,aid panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the mms and conditions stated herein set forth and any supplementary or additional texts 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 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 offartial 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 mmcdics, the option ofplacing this order clscwhcm and holding the Seller liable for damages. However, the Sellershall not be liable for damages as a result of dclay:s due ro causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence. such acts of God, acts ofeivil or military authorities, gnvemmcntal priorities, fires. strikes, fund, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the purchaser within fire (5) days of the time when the Seller first received knowledge thcmof. 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 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 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 suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year orwlthin such longer period of time as may be prescribed by law or by the terms of any applicable war ay provided by the Seller after the date of acceptance of the goods fumished hereunder (acceptance not to be unreasonably delayed), resulting front imperfect or defective work done or materials famished 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 Iiabil iry hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wtimunlles 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 texts 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 cuiur itics originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time ofperfomuance hereunder, an equitable adjustment shall be made. 6. TERM INATIONS. 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 parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims fm anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjusmment he made in favor of the Seller with respect to any goods which arc the Sellers standard stock. No such termination 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 from the date the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hmcunder shall have been produced, sold. delivered and famished in strict compliance with all applicable laws and regulations to which the goods are 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 agreements of this character me hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamdess fmm all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such paw. 9. ASSIGNMENT. Neither party shall assign, transfer. or convey this order, or any monies due or to become due hereundm without the prior written consent ofthe other party. 10. TITLE. The Seller warrants full, clear and mmsf icted title to the Purchaser for all equipment, matmalt, and items famished in performance of this agreement five and clear of any and all liens, restrictions, msen•atians, security intemst encumbmncea and claims ofrol e.. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting fmm 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, officers sad employees ofsuch pony. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is perfumed 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 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 ofsuch infringement 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 grads, is in such suit held to constitute infringement and the use of said equipment or part is enjoined, the Seller shall, at its own cxperex and at its option. either proeum for the Purchaser 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. I5. INSOLVENCY. If the Seller shall become insolvent or bankrupt make no assignment for the benefit of creditors, appoint a mcciver 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 ofroms used or the interpretation of the agmemcat and the rights ofall parties hereunder shall be consumed under and governed by the Imes critic State of Cnlarado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of SCIIcrs Representative(s). on the premises ofoihets. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Scllers own risk until the same is fully completed and accepted, and shall, in ease of any accident, destruction or injury to the work and/or materials before Sellds final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment arc famished by others for installation or erection by the Seller, the Seller shall receive, unload. store and handle some at the site and became responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease henefits, 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 liability insurance with bodily injury and death limits of at least S100,000 for any one person. S560.0m 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 contractors employees shall do any work upon the premises of others, the Seller shall famish 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 .specify the date when such compensation and insumnm 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 ofnny kind or nature whatsoever to persons nr property caused by or resulting front the execution of the work provided for in this purchase radiator in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers effects, agents and employees fmm and against any and all claims, losses, damages. charges or expenses. whether direct or indirect and whether to persons or proper to which the Purchaser may be put or subject by reason of any au, 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 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 of any of his contractors or tiny of its nr their officers, agents or employees as aforesaid, the Seller hereby ngrecs 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 incorrcd by or obtained against the Purchaser or any of its or their officers. agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property wrihe Purchaser. or said parties in or is a result ofsuch suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or offimise. The Seller and his contractors shall take all safety precautions finnish 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 1976 and all roles and regulations issued pursuant thereto. Revised 03/2010