Loading...
HomeMy WebLinkAbout168310 SCHRADER OIL CO - PURCHASE ORDER - 9120512City Of PURCHASE ORDER PO Number Page 9120512 1 of 2 ' `t Collins ns This number must appear 1 on all invoices, packing slips and labels. Date: 01/27/2012 Vendor: 168310 SCHRADER OIL CO PO BOX 495 FORT COLLINS Colorado 80522-0495 Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS Colorado 80521 Delivery Date: 01/26/2012 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Blanket order to cover the cost of miscellaneous propane fill -ups for fiscal year 2012. All fill -ups will be accompanied by an invoice or fill -up slip. The statement shall include a copy of the invoice, with unit number, signature, printed name, and department number. This purchase order is for the procurement of goods and/or services, as needed during the current fiscal year. Dollar amounts specified are estimates and not a promise to purchase any minimum amount of goods and/or services. 2 Credit 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 1 LOT LS 2,001.00 1 LOT LS-900.00 Total $1,101.00 Invoice Address: 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 eacturamus. By statute the City of Fen Collins is exempt fmm state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000597 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit may be retuned to you for credit and are not to be replaced except upon receipt Of written instructions fmm the City of Fart Collins. Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Failure'of the Purchaser to insist upon strict perf som nee writhe terms and conditions hereof, failure or delay to exercise any rights or rcmcdies provided herein or by law, failure to promptly notify the Seller in the event Ora breach, the acceptance oforpayment for goods hereunder or approval ofthe design, shall not release the Scllcr of any of the xvamemics or obligations of this purchase order and shall not be dcemcd a waiver ofany right of the Purchaser to insist upon strict performance hcmofor any of it rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or mbsequent default hereunder, nor shall any purported anal modification or rescission of this purchase order by the Purchnscr operate as a waiver of any of the terms 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 part 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 fat home by the Purchaser. Theretofore, for good cause and as consideration for executing this purehmc order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terns. Shipments must be F.O.B., City of Fun Collins, 700 Wood St.. Fort Collins, CO 90522. unless required 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 must accompany invoice Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is If the Purchaser directs the Seller to cancer nonconforming or defective goods by a date to be agreed upon by the expected from the na¢st distribution paint to destination, and excess freight will be deducted front 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 performed by the must cweditious means available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall p scum 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 Perforated, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller fartha agrees to hold the City of Fort Collins harmless fmm and against all liability and Ina incurred by them by reason of an assMcd or established violation of any such laws, regulations, ordinances, ndes and requirements. Authorization. All parties to this contact agree that the representatives are. 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 terms and conditions stated herein set fnrh and any supplementary or additional tents and conditions nnncxed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected In and httchy rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to ,amvc 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 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 nnv delay, the Purchaser shall have, in addition to other legal and equitable remedies. the option ofplacing this order dsewhcrc and holding the Seller liable for damages. However, the Sellashall not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its nesunnble control and without its fault ofacgligence, such acts of Ged, acts ofcivil or military authorities, governmental priorities, fires, strikes, fond, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within foc (5) days of the time what the Seller frst received knowledge thcrcof. 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. WAR RANTY. The Seller warrants that nil goods, articles, materials and u a k 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 hamdess fmm any lass damage or expense which the Purchaser may suffer or incur on account of the Scllers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects err faults arising within on (I) yen r or within such longer period Of time as may be prcscribcd by law or by the terms ofany applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder bucepmnec 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 vvarmnty. Except as otherwise pmvidcd in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any 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 terms by written change order. 5. CHANCES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tents, other than legal terms, including additions to or dcleli ons from the quantities originally Ordered in the specifications or drawings, by verbal or written change order. If any such chnnge 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 change order, terminate this agreement as to any or all portions of the galls then not shipped, subject to any equitable adjustment bmwcat the panics as to any work or materials then in pmgra pmvidcd that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of th<goods and/or work, for incidental or consequential dnmaga, and that no such adjustment he made in favor of the Sella with respect to any goods which arc the Sellers standard stock. No such temrination shall relieve the Purchaswr-or the Seller ofany of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days fmm the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall hate brief 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 documents as may be required to effect or evidence compliance. All laves 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 Purchaser hamdess from all costs and damages suffered by the Purchnscr as a result of the Sellcrs fnilum to comply with such law. 9. ASSIGNMENT. Neither piny shall assign, transfer, 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 Seller wamnts 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, reservations, security interest encumbrances and claims of others. The Scllcr shall release the Purchaser and its contractors Of env tier 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 parry released and shall extend to the directors, officers and employees afsuch party. The Seller's contractual obligations, including warranty, shall not he deemed to be reduced, in any way, because such work is perfommcd or caused to he Performed by the Purchaser. 14. PATENTS. Whenever the Seller is requited to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save hamdess the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material at 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 mason ofmch infringement at any time during the prosecution or ancr the completion of the work. In ease said equipment or any pad thcrcof 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 at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes vaninfringing. 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 Sellers property or business, this order may forthwith be canceled by the Purchnscr without liability. 16, GOVERNING LAW. The definitions of terms used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be constmal under and governed by the laws ofthe State of Colomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellcrs Represenmtive(s), on the promises ofothcrs. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's Own risk until the mmc is fully completed and feeeptcd, and shall, in cast of any accident, destruction or injury to the work and/or materials before Scllers final completion and acceptance, complete the work at Seller's own expense and to the satisfaction ofthe Purchaser. When materials and equipment arc fumishcd by others for installation or creation 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. 18. INSURANCE. The Sellashall, at his own esimm , provide for the payment of workers compensation, 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 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, contactual and nutomnhilc public liability insurance .with bodily injury and devlh limits of al Icast S300,000 for any one persOn. S500.000 for any one accident and property damage limit per accident of Sd00,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any ofthe Sellers or his contractors employees shall do any work upon the preini.ves ofothcrs, the Seller stroll famish the Purchaser with a catifieata that such compc lion and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been pmvidcd. Such cmificates shall specify the date when such compensation and insurance expires. The Seller ngmes 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 ofany kind or nature whatsoever to persons or property caused by or resulting from the execution ofthe work pmvidcd for in this purchase order or in connection herewith. The Seller will indemnify and hold hamdess the Purchaser and any or oll of the Purchasers officers, agents and employees from 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 reason of any act, action, neglect, omission or default on the pan of the Seller. any of his contractors, or any of the SdIcm 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 aceumn or by reason of any act, action, neglect omission Or default of the Seller ofany Of his contractors or nnv of its or their affects, agents or employees as aforesaid, the Seller httchy agrees to assume the defense thcrcof and In 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 inotncd 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 err obtained against the property of the Purchaser, or slid 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 rll roles and regulations issued pursuant thereto. Revised 0312010