Loading...
HomeMy WebLinkAbout125947 BATTERIES PLUS - PURCHASE ORDER - 3212145PURCHASE ORDER PO Number Page City Of 3212145 1 of 2 Fort`t COI lins This number must appear " J on all invoices, packing slips and labels. Date: 01/23/2012 Vendor: 125947 BATTERIES PLUS 1107 WEST DRAKE ROAD SUITE E-3 FORT COLLINS Colorado 80526-2419 Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 01/20/2012 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 UOM Unit Price Extended Ordered Price 1 2012 Blanket Order Utilities 9m�-� Q. oAI:-Qk .27- 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 Total Invoice Address: 10,000.00 $1 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. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAI VER. 95-04502. Federal Excise Tax Exemption Certificate of Registry 54-60005S7 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the tarts and conditions hereof. failure or dclav to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Stamens 1973. Chapter 39 26. 114 (a). exercise any rights or remedies provided herein or by law, failure to premptly notify the Seller in the event of a breach. the acceptance ofm payment for goods hereunder or approval office design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specification, either when shipped or due to defects of any of the marrow ics or obligations of this purchase order and shall not be deemed a miniver of any right of the damage in transit. may be rentmed to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon .strict performance herenfor any ofits 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 hereunder, nor shall any purpnned on] nmdificatina or rescission of this purchase order by the Purchi scr 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. authorised payment on the part of the City of Fort Collins. Hcorva. it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice ovacha na resulting from antitmst ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc 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.H., City of Fort Collins, 7(N) Wood St., Fan Collins, CO 80522. unless acquired under federal or state antitmst lams 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 required by the Purchaser 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 manufactimers have distributing points in various pans 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 nearest distribution point to destination, and excess freight will he deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments am made from greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all mots associated with mach work. Permits. Seller shall procure at sellers sole cost all necessary permits, eenificalec and licenses required by all applicable laws, regulations. ordinances and rates of the state. municipality, territory or political suMln ision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vadm. Seller funhcr agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by mama of an mooned or established violation of anv such laws, regulations, ordinances, Telex and requirements. Authorization. All parties to this contract agree that the representatives arc, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the lours and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or dlffermt terms and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if year cannot make complete shipment to Tore on you promised delivery date as noted. Time is ofthc essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached herein. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall opentc as a waiver offlum provision. In the event ofnny 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. Hoverer, 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 ofnegligencew such acts of Gad. acts ofeivil or military authorities, governmental priorities, fins, strikes, Mond, 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 knnwdcdge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the time mentally lost by reason ofthe delay. 3, WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order rill 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 Sella shall replace, repair or make good, without cat 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 of any applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to he unreasonably dcl dyed), resulting from imperfect or defective murk done or materials furnished by the Set ter. Acceptance or use of goods by the Purchaser shot not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Set las liability hereunder shall extend to all damages proximately caused by the breach of Tny of the foregoing manomies or guarantees, but such liability shall in no sent include Ions of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY, 4. CHANCES IN LEGAL TERMS. The Purchaser may make changes to legal tame 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 deletion from the quantities originally ordered in the speeitiea cos or drawings, by verbal or written change order. If any such change affects the amount due or the time of Performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written chance order. terminate this agreement as to any or all portions of the goods then ant shipped, subject to any equitable adjustment between the panics is to any work or materials then in pmayss 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 be made in faror of the Seller with respect to any goods which are she Scllcrs standard .stock. No such minniniou n shall relieve the Purchaser or the Seller of any of their obligation.%as to any goods delivered hercuMer. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or tcmoination is nrdercd. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall hive ban 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 dcliva such documents n may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agaeements of This character arc hereby incorporated herein by this reference. The Seller agrees In indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser ns a result of the Scllcrs failure to comply with such law, 9. ASSIGNMENT. Neither party shall assign, tmnsfa. or convey this order. or any monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Scllcr warrants full, clear and unrestricted title to the Purchaser fro all equipment, materials, and items furnished in palmonarce of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of othcrs. Tlw Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance nfsueh work. This release shall apply even in the event of fault of negligence of the party released and shall extend In the dirccmrs, officers aad employees ofmch party. The Seller's contractual obligations, including warranty, shall not be devoted to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PAT17N'IS. 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 form any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract. aad shall indemnify the Purchaser for any cat. expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or a0cr the completion of the work. In ease slid 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 Seller shall, at its own expense and al its option, either procnrc for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but nuninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt. make an assignment for the bmcfit of cralimm, 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 oftemt used or the interprdation nfthc agreement and the rights of all parties hereunder shall be eonorned under and premed by the lams ofthc State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the mmices ofSellers; Reprosentanve(s), on the premises of othcrs. 17. SELLERS RESPONSIBILITY. The Seller shall carry no 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 final completion and acceptance, complete the work at Seller's oven 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, indoor. 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. IS. INSURANCE. The Seller shall, al his own expense provide for the payment of workers compensation, including occupational disease hcncrits, 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 Items 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 rat (cast S300.000 for any one person, 5500.000 for any one accident and property damage limit per accident of S400,0011. The Seller shall likewise caprire his comracmrs, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do anv work upon the premises of others, the Seller shall famish the Pumhasar with a certificate that such cmnpcnsatinn and insurance have ban provided. Such catificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify toe date when such compensation and insurance expires. The Seller ngrecs that such compensation and insurance shall be maintained unlit after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hmcbv assumes the entire responsibility and circulate for any and all damage, less or injury ofnny kind or nature whatsoever to Personas or property caused by or resulting from the execution ofthc work porvidcd for in this purchase orderer in connection herewith. The Seller will indemnify and hold hamiless the Purchaser and any r all of the Purchasers effects. agents and employees from and against any and all claims, losses. damages charges or expenses, whether direct Of indirect, and whether to persons or property to which the Purchaser may be pot or subject by reason of any act. action, neglect, omission or default on the part of the Seller, any of his contractors, or any of the Sellers or contractors offefrs, 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 Many act, action. neglect. omission or default of the Seller ofnny of his eonrrxcmrs 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, amomcys 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 suits 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 cnntmctors shall take all safety precautions, furnish and install all guards necessary for the prevention of .accidents, comply with all Items and regulations with regard to satiety including. but without limitation, the Occupational Safety and Health Act of 1970 and all rates and regulations issued pursuant thereon. Revised 03/2010