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HomeMy WebLinkAbout109171 CRESCENT ELECTRIC SUPPLY CO - PURCHASE ORDER - 9120264City of Fort Collins PURCHASE ORDER PO Number Page 9120264 1 of 2 This number must appear on all invoices, packing slips and labels. Date: 01/17/2012 Vendor: 109171 Ship To: OPERATIONS SERVICES CRESCENT ELECTRIC SUPPLY CO CITY OF FORT COLLINS P 0 BOX 1666 300 Laporte Avenue 1404 E MAGNOLIA Building B FORT COLLINS Colorado 80522-1666 FORT COLLINS Colorado 80521 Delivery Date: 01/17/2012 Buyer: JAMES HUME Note: Line Description Quantity Ordered UOM Unit Price Extended Price 1 Surface Mount Fixtures/Lamps-4 1 LOT LS 1,006.68 200 W Mtn 2 Surface MountFixtures/Lamps-12 1 LOT LS 3,020.04 212-218 W Mtn 3 Surface Mount Fixture/Lamp 1 LOT LS 251.67 214 N Howes per quote 3151943 rev2, Attn: Lorraine Total $4,278.39 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 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fart Collins is exempt fmm state and local taxes. Our Exemption Number is I L 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 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 hucin or by tau, failure to promptly ratify, the Seller in the event of a breach, the acceptance of or payment for good hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defect_; of any of the warranties or obligations of this purchase order and shall not he 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 written purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hoarder, nor shall any purported nml modification or rescission of this purchase order by the Purchaser npcmtc 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 OF ANTITRUST CLAIMS. authorized payment an 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 Fan Collins, 700 Woad St.. Fort Collins, CO 80522, unless acquired under federal or state antitrust laws 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 varime, parts of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the rarest distribution point to destination, and exam 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 Preen greater distance, may cause the work to be pvfnmcd by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cost 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 work of vender. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established vinlation of any such laws, rcgulzriuns, ordinances. mlcs and requirements. Authorization. All parties to this contract agree that the representatives am, in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the toms and conditions stated herein set faith and any supplementary or additional temw and conditions annexed heron or mcm-pomted httein by reference. Any additional or different terms and conditions proposed by seller are objected to and herchy 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 must be effected within the time stated on the purchase order and the documents anached hereto. No acts of the Purchasers including, without limitation, acceptance ofpartial 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 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 remonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts ofcivil 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 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 mason ofthe delay. 3, WARRANTY. The Seller warns that all good, 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 hamlcss from any loss. damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of womety. The Seller shall replace, repair or make gad, without cast to the purchaser, any defects or faults arising within one (I) year or within such longer period of time as may be Prescribed by law or by the Icrms of any applicable warranty provided by the Seller n0er the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of gads by the Purchaser shall not na constitute a waiver of any claim under this wanry. Except as mhervcise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wammics or guarantees, but such liability shall in no event include loss of pro fits 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 tcmts 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 cambric, originally ordered in the speeificatiana or drawings, by verbal or wrinen change order. If any such change affects the amount due or the time ofperformance hereunder, an equitable adjustment shall be made. h. TERMINATIONS. The Purchaser may at any time by wrinen change order, terminate this agreement as to any or all portions of the gnats then not shipped, subject to any equimble adjustment Maven the panics as to any work or materials then in progmss provided that the Purchase shall not be liable for any claims for anticipated profits no the uncompleted partial of the grads and/or work. for incidental or consequential damages, and that no such adjustment be made in favor ofthe 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 good sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods 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 be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchase 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 parry shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent ofthe other parry. 10. TITLE. The Seller warmnts 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, racrvotions, security interest encumbrances and claims ofothers. The Seller shall release the Purchaser and its contractors of any net from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the piny released and shall extend to the directors, offccrs and employees ofstich party. The Scllds contractual obligations, including warrmty, shall not be deemed to be reduced, in any way, because such work is performed or caused to he 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 hamlcss the Purchaser from any and all claims for infringement by mason of the use of such Patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser 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 a0er the completion of the work. In ease said equipment, or any pan thereof or the intended use of the good;, is in such suit held to constitute infringement and the use of said equipment or part 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 parts, replace the more with substantially equal but noninfringing equipment, or mnxlify use it becomes noninfringing. 15. INSOLVENCY. 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 Set Ids property or business, this order may forthwith be canceled by the Purchase, without liability. 16. GOVERNING LAW. The definitions oftcros used are the interpretation ofthe agreement and the rights ofall panics hereunder shall be construed under and governed by the laws of the State of Colmodo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Scllcrs Rcpracntativdsk on the premises fothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry oa said work at Seller's awn 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 Settees final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are Wmished 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 furnished by the Seller under the order. I S. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensmion, including occupational disease benefits, 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 lows of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, eomatnual and automobile public liability insurance with bodily injury and death limit of at least S100,000 for any one person. S5IXI,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 corapdowtinn and insurance. Before any of the Sellers or his conmemrs employees shall do any work upon the premises of others, the Seller shall Polish the Purchaser with a cenificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insumncc have been provided. Such cenilmmes shall specify the date whrn such compensation and insurance expires. The Seller agrees that such compensation and insumace shall be maintained until and the entire work is camplcmd 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 ofany kind or nature whatsoever to persons or property canned by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hamlcss the Purchaser and any or all of the Purchasers officers, agents and employees from and against any and oll claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or pmpcny to which the Purchaser may be put 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 case any suit or other poccedings shall be brought against the Purchaser, or its officers. agents or employees many 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 at 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 officers. 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 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, 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 mles and regulations issued personal thereto. Revised 03/2010