Loading...
HomeMy WebLinkAbout498127 NEMA ENCLOSURES MANUFACTURING - PURCHASE ORDER - 9120631I City of �,.Fort Collins PURCHASE ORDER PO Number Page 9120631 1 of 2 This number must appear on all invoices, packing slips and labels. Date: 01/31/2012 Vendor: 498127 Ship To: ELECTRIC UTILITIES NEMA ENCLOSURES MANUFACTURING CITY OF FORT COLLINS 1118 PLEASANTVILLE DR 700 WOOD ST OUSTON Teexxaas�77029 FORT COLLINS Colorado 80521 3-11611 1 3�57 Delivery Date: 01/30/2012 Buyer: OPAL DICK Note: Line Description Quantity Ordered UOM Unit Price Extended Price NEMA 3R Enclosure 1 LOT EA 10,675.00 Quote dated 1/20/12 Freight Collect FOB Shipping Point Total $10,675.00 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tcrms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fan Collins is exempt form state and local taxes. Otn Exemption Number is 11. NONWAI VER. 99-04502, Federal Excise Tax Exemption Certificate of Registry 94-6000587 is registered with the Collector of Failure of the Punhascr to insist upon strict performance of the terms and conditions hereof. failure or dclav to Internal Res'enuc, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39 26. 114 (a), exercise any rights or remedies provided herein or by law, failure to promptly notify the SCRer in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet .speeifientions, either when shipped or due to defects of any of the wemmics 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 performance hercofor any ofits rights or remedies as to any such goods. regardless instructions form the City of Fan Collins of when shipped, received or accepted. as to any prior or subsequent default hereunder, nor shall any purpnned and 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 effort 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. anthor7,cd payment on the part of the City of Fart 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 pmttdnrcs. violations arc in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser an-v and all claims it may now have or hereafter Freight Trans. Shipments must be F.O.B., City of Fan Collins, 7W Wood St., Fort Collins, CO 80522. 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 freight and charge separately, the original freight pnrchnscd 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 Seiler to correct noncunforming or defective goods by a date to be agreed upon by the expected form the mares, 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 from greater distance. may cause the work to be performed by the must expeditious means mailable to it, and the Seller shall pay all costs associated with such work. Permit,. Seiler shall procure at sellers sole cost all necessary permits, ecrtifief es and licenses required by all applicable laws, regulations, ardine recs 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 vendor. Seller fonder agrees to hold the City of Fan Collins harmless from and against all liability and loss incurred by them by reason of an assertedor established violation of any such laws, regulations, ordinances. rates sad acquinmctus, Authoriration. All panics to this contract 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 faith and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or dilTerom terms and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised dclivcry date as noted. Time is ofthe cmcncc. 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 ofpartial late deliveries, shall operate as a waiver ofthis provision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order clsewhcrc and holding the Seller liable for damages. Hoever, the Seller shall not he liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence. such acre of God, acts of civil at military authorities, governmental priorities, fires, strikes flood, epidemics wars or riots pmvided that notice of the conditions causing such delay is given to the Purchaser within live (5) days of the time when the Seiler Pont rcccived knowledge thereof. In the event of any such delay. the date of del ivcry shall be extended for the period equal to the time actually Ion by reason of the delay. 3. WARRANTY. The Seller wamnty 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 cam and compctcnce in accordance with accepted standards for wark of a similar nxtere. The Seller agrees to hold the purchaser harmless form any Ines, damage of expense which the Purchaser may suffer or incur on account ofthe Scllcrs breach of wamnty. The Seller shall replace, repair or make good, without cost 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 famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany Claim under this warm my. Except as otherwise provided in this purchase order. the Sellers liability hereunder shall extend to all damages proximately caused by the breach ofany of the foregoing warranties or guarantees, but such liability shall in no event include loss ofpmfits or Inns of usc. 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. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms. including additions to or deletions from the quxmitics originally omered in the specifications 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. fi. TERMINATIONS. The Purchaur may at any time by o7i"cn change order, nmlnatc this agreement as to any or all portions of the goods then not shipped, subject itany equitable adjustment between the panics as to any work or materials then in pmgmss 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 favor of the Seller with respect many good which are the Scllcrs standard stock. No such termination shall relieve the Purchaser or the Seller ofany oftheir obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days form the date the change or termination is omcmd. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seiler 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 are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser 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 party shall assign. Transfer, or convey this order. many monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Set 1cr wamnty full, clear and unrestricted title to the Purch ocr for all cqu ipment materials, and items fur ished in performance of this agreement free and clear of any and all lions, restrictions, reservations, security interest encumbrances and claims of ethers. The Seller shell release the Purchaser and its contractors of any tier from all liability and claims of am,, nature resulting from the performance of Bach work. This release shall apply even in the event of fault of negligence of the patty released and shall extend to the directors, affiecrs and employees of such party. The Scller's contractual obligations, including waonnty, shall not be deemed to be reduced, in any way, heeausc such wark is performed 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 Seiler shall indemnify and save harmless the Purchaser from any and all claims for infringement by ratan of the use of such patented design, deice, tantedul ar proccns in connection with the contract, and shall indemnify the Purchaser for anv cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment. or any part thereof or the intended use of the goods, is in such sail held to constitute infringement and the use of said equipment or pen is enjoined, the Seller shall, at its own expense and rat its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but nnninfringing equipment or modify it so it becomes nnninfringing. 15. INSOLVENCY. If the Seller .shall become insolvent or bankrupt, make an assignment for the hencfit of creditors, appoint a receiver or trustee for any of the Scllcrs property or business, this order may forthwith be canceled by the Parchaser without liability. 16. GOVERNING LAW. The definitions of Icons used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be constmed under and governed by the laws ofthe State of Colomdo, USA. The following Additional Conditions apply only in cases when the Seller is to perform work hereunder, including the services of Scllcrs Representative(s), on the premises ofmhcrs. 17. SELLERS RESPONSfl9LITY. The Seiler shall tarty on said work at Scller's own nsk until the same is fully completed and accepted, and shall, in case of any accident destruction or injury to the work and/or mntcrinls before Scllcr's final completion and acceptance, complete the work at Settees own cxpcnsc and to the satisfaction of the Purchaser. When materials and equipmenl arc famished by others for installation or erection by the Seiler. 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. IR. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation. including occupational disease benefits to its employees employed on or in connection with the work covcrod by this purchase order. and/or in 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 insumncc with bodily injury and eland limits of m least S300,000 for any one person. S500.000 far any one accident and property damage limit per accident of S400.000. The Seller shall likewise require his mmommrs, if any, to provide for such compensation and insurance. Before any Tithe Scllcrs or his contractors employees shall carry work upon the promises ofmhcrs, the Seller shall famish the Purehawr 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 what such compensation and insurance expires. The Seller agrees that such compensation and insurance shall he maintained until after the entire work is completed and neccpted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. l Ire Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind or nature whmxocver to persons or property caused by or resulting From the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hurmless the Purchaser and any or all 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 Pu¢hascr may be put or subject by reason of any act action, neglect, omission or default on the pan ofthe Scllcr, any of his contractors or anv of the Sellers or commetors officers, agents or employees. In case anv suit or other pmccodings shall be bmught against the Purchaser, or its officers, agents or employees at any time on account or by reason of any act. action, neglect omission at default of the Seller ofany of his contractors or anv 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 cmployces in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the pmperty ofthe Purchaser. or mid panics in or as a malt of such suits or other proceedings the Scllcr will at once cruse the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all gourds necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including. but without limitation, the Occupational Snfcty and Hcalth Act of 1970 and all ndcs and regulations issued pursuant thereto. Revised 03/2010