Loading...
HomeMy WebLinkAbout206277 CINTAS FIRST AID & SAFETY - PURCHASE ORDER - 9120340PURCHASE ORDER PO Number Page City Of///��� 9120340 1 of z FortCOI l I ns This number must appear on all invoices, packing slips and labels. Date: 01/23/2012 Vendor: 208277 Ship To: ELECTRIC UTILITIES CINTAS FIRST AID & SAFETY CITY OF FORT COLLINS 11411 E 51STAVE 700 WOOD ST DENVER Colorado 80239-2607 FORT COLLINS Colorado 80521 Delivery Date: 01/23/2012 Buyer: OPAL DICK 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 2012 Blanket Order for 1 LOT LS 6,500.00 Light & Power Total $6,500.00 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 Ordcr Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By sGNte the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Number is I L NONWAIVER. 9A-0a502. Federal Excise Tax Exemption Certificate of Registry 84-60(0587 is registered with the Collector of Failure of the Panehaur to insist upon strict performance of the terms and conditions hereof. failure or delay to Internal Revenue, Denver. Colorado (Rcf. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a), excrcue any rights Or remedies provided herein or by Inv, 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 release the Seiler 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 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 perfommncc hcreofor any of its rights or remedies as many such gnarls, regardless instnstions from the City Of Fort Collins. of when shipped, received or accepted. as to any print or subsequent default hereunder, nor shall any purported am] 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 mcmhandisc, services Or equipment in response to this order can result in 12, ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fort Collins However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual mnmmle practice, overcharges totalling firma antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection proacdums, violations arc in fact borne by the Parchascr. Theretofore, for good cause and as consideration for executing this purchase Omer, the Seller httcby 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.. Fort Collins CO 905222. 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 (might and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invaice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufaentrco have distributing points in various parts of the country, shipment is If the Purchnscr diams the Seller to correct nonconforming or defective goods by a date In he 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 Seiler thcrca Rer indicates its inability or unwillingness to comply. the Purchaser shipments am made fmm greater distance. cony cause the work to be Wormed by the most cxpeditime, means available to it mad the Seller shall pay all mats nssuciated with such work. Permits Seller shall procure at sellers sale cost all necessary permits, cenificaws and licences required by all applicable laws, regulations, ordinances and roles of the state, municipality, territory or political subdivision where the work is perfommedd, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fan Collins harmless fmm and against all liability and loss incurred by them by reason of an ac ened or established violation of any such laws, regulations, ordinances. roles and mquircmcnu. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and posscm full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tents and conditions stated herein set faith and any supplcmcmary 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 ymt cannot make complete shipment to arrive on your premised deliverydate as noted. Time is oftere essence. 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 limitation, acceptance of partial 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 ofplaemg 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 arc beyond its reasonable control and without its fault of negligence. such acts of Gud, acts ofcivil or military authorities governmental priorities, fires, mikes Bond, 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 knmvledge 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 of the delay. 3. WARRANTY. The Seller warrants that all goods, ar icics, materials and work covered by this order will conform with applicable drawings, specifications, samples andlor other descriptions given, will be fit for the par -Poses intended, and pefnmmed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Scllcr 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 cast to the purchaser, any defects or faults arising within one (1) year or within such Innger Period of time as may be prescribed by law ar by the terms ofany applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (weep tom not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Sallee Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany 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 waranties or guarantees, but such liability shall in no event include loss ofprofits or loss of um. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal tcmu by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Pumhoser may make any changes to the terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time ofperformance hereunder. an equitable adjustment shall be made. fi. 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 equitable adjustment between the panics as to any work or materials then in progress pmvidcd that the Purchnscr shall not be liable for any claims for anticipated profits On the uncompleted portion of the goods and/or work, for incidental or consequential damage,, and that no such adjustment be 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 ad cutment must be amcned within thirty (30) days fmm the date The change or termination is ordered. g. 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 lineaments 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 Seiler 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 parry shall assien, tmrefer, or canvcy this order, or any monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller wmmnN full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all liens. restrictions, reservations, security interest ,un umbmnecs and claims ofothers. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance of such work. This rcicase shall apply even in the event of fault of negligence of the parry released and shall extend to the directors. Jfecr, and employees afmch party. The Sellers contractual obligations, including warmnry, shall not be doomed to be reducer, in any way, because such work is performed or caused to be pMnmmed by the Purchaser. 14. PATENTS, Whenever the Seller is required to use any design, dcvicc, material or process covcrat by letter, paten, 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, dcvicc, material or process in connection with the mntmct, and shall indcmnify the Purchaser for any cost. expense or damage which it may be obliged to pay by reason of such infringement it any time during the prosecution or alter the completion of the work. In case said equipment, or any part 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 and at its option, either pmcurc for the Parchaser the right to continue rising said equipment or pans, replace the same with substantially equal but nuninfringing equipment. or modify it so it becomes anninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankmpt. make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Scllcrs property or business, this order may forthwith he canceled by the Purchaser without liability. Ib. GOVERNING LAW. The definitions ofu mma used or the interpretation ofihc agreement and the rights ofall panics hereunder shall be conomed under and governed by the laws oflhe State of Colamdo, USA. The following Additional Conditions apply only in cases where the Seller is to perfnmm work hereunder, including the services of Scllcrs Rcprcscntativc(s), on the prcmices c f athers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellcfs own risk until the same is fully cnnipleted 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 Sellcfs own expcase and to the satisfaction of the Purchaser. When materials and equipment arc Famished by others for installation or erection by the Seller. the Seiler shall receive. unlond. 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. IR. INSURANCE. The Seller shall, at his awn expense, pmvidc for the payment of workers compensation, including occupational disease benefits. to its employees employed on at in connection with the work covered by this purchase order, and/m to their dependents in accordance with the Inws of the slate in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual end manmobile public liability insurance with hodily injury and death limits of at least S300.010 for any one person, S500,001) for any one accident and property damage limit per accident of S400,000. The Seiler shall likewise require his contractors, if any, to pmvidc for such compensation and insurance. Before any of the Scllcrs or his contractors employees shall do any wad: upon the prcmiscs of others, the Seller shall furnish the Purchaser 0 ith a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insumnm 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 a0cr 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 afnny kind or nature whatsoever to persons or property caused by or resulting from the excculinn of the work pmvidcd 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 from and against any and all claims, losses, damages, charges or cxPoses, whether direct or indirect, and whether to persons or property to which the Purchaser may he put or subject by reason of any act, action, neglect, omission or default on the pan of the Scllcr, 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 nay act, action, neglect. omission or default of the Seller of any of his conmetnrs or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thercaf 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 Purchnscr or any of its or their Officers. agents at employees in such suits or other pmceMings, 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 sane to be dissolved and discharged by giving bond or mhenvise. The Seller and his contractors shall take all safety precautions. Famish and install all guards necessary for the prevention of accidents. comply with all Imes and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all talcs and regulations issued pursuant thereto. Revised 03/2010