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HomeMy WebLinkAbout128546 HARBOR FREIGHT TOOL - PURCHASE ORDER - 3212333PURCHASE ORDER PO Number Page City of 3212333 1 of 2 `t Collins This number must appear on all invoices, packing slips and labels. Date: 02/02/2012 Vendor: 128546 Ship To: WATER UTILITIES HARBOR FREIGHT TOOLS CITY OF FORT COLLINS 3491 MISSION OAKS BLVD 700 WOOD ST CAMARILLO California 93012 FORT COLLINS Colorado 80521 Delivery Date: 02/01/2012 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 1 LOT LS 6,000.00 Utilities C3. Oi'18:�s�Q �1— 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 Total $6,000.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terns and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By satute the City of Fort Collins is cs,.,t from slat, and local taxes. On, Exemption Number is 11. NONWAI'ER. 99-0,1502. Federal Excise Tax Exemption Certificate of Registry 84-MM587 is registered with the Collector of Fnilurc of the Purchaser to insist upon strict perfommnee of the terms and conditions hereof. failure or delay to Inturral Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 To), exercise any rights or rcmcdics provided herein or by law, failure to pmmptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hcrcundtt or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure in meet specifications, either when shipped or due to defe15 of any of the warranties or obligations of This perchum order and .shall not be deemed a waiver of any right of the damage in transit, may he returned to you for credit and are not to he replaced except upon mecipt of written purchaser to insist upon strict performance hercofr nny of its rights or remedies as to any such goods, regardless instructions from the City of Fon Collins. of when shipped, received or accepted, as to any prim or subsequent default hereunder, nor shall any purported on] modification or rescission of this purchase nadir by the Purchaser operate 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 on the pan of the City of Fort Collins, However. it is to be understood that FINAL Seller .and the Purchaser recognize that in neural economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact borne by the Purchaser. Therctofom, for good cause and as consideration for cxconing this purchase order, the Seller hereby assigns to the Pnrchnscr any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood Sr, Fort Collins, CO 90522. 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 (might purchased or acquired by the Purchaser pursuant to this purchase order. bill most accompany invoice. Additional charges for packing will not he acccptcd. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected fire. the nearest distribution point to drsimilion, and cross freight will be deducted form Invoice when shipments ore made from greater distance. Permits. Seiler shall procure at sellers sale cost all necesc.y, permits certificates and licenses required by all applicable laws, regulations. ordinances and roles of the state, municipality, territory or political sulxlivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller Father 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 violation of any such lams. regulations, ordinances. roles and requirements. Authorization. All panics to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority In bind said panics. LIMITATION OF TERMS. This Purchase Order expresdy limits acceptance to the terms and conditions stated herein set fah and any supplementary or additional terms and conditions annexed herein or incorporated hcrcin by reference. Any additional or different terms and conditions proposed by sellcrarc objected to and Imerchy rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the ,take. Delivery and performance most be effected within the firm stated on the purchase order and the docunmms attached hereto. No acts of the Purchasers including. m'ithmit limitation, acceptance offu nial Tate deliveries, shall operate as a waiver ofthis provision. In the event ofany delay. the Purchaser shall have, in addition to other legal and equitable ¢medics, the option of placing this order clsew'here and holding the Scllcr liable for damages. However. the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable cunterl and without its fault of negligence, .such acts of God. acts of civil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or rims porvided that notice of the conditions causing such delay is given to the Pumhaacr within five (5) days of the time when the Sol let first received knowledge thereof. In the event of any such delay, the date of dcl ivery, shall be extended for the period equal to the time actually last by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles. materials and work covered by this order will conour with applicable drawings, specifications, samples and/or other descriptions given, wili 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 naturc. The Seller agrees to hold the purchaser harmless form any loss, damage or expense which the Purchaser may suffer or incur on account of the Scllcrs breach of wamnty. The Seller shall replace, repair or make good. without cost to the Pnrchnscr, any defects or faults arising within one (1) year or within such longer period of time as may he prescribed by law or by the term of any applicable mammy provided by the Seller after the date of acceptance ofthe goods furnished hereunder (acc,puncc not to be unreasonably delayed), resulting from imperfect or ddcctiec, work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a amiyer of any claim under this warranty. Exempt 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 mum, of ics or guarantees, but such liability shall in no event include loss of pm6ts or loss of use. NO IMPLIED WARRANTY OR M ERCI IANTABI LITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal icons by written change ancr. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any clang,, to the terms. Other than legal erm,, including additions to or deletions from the quantities originally ordemd in the specifications or drawings, by verbal or written chengc Order. If any such change affects the amount due or the time ofperf mmnm hereunder, in equitable adjustment shall be madc. 6. 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 ao nny equitable adjustment between the panics as to any work or materials then in progress 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 he madc in furor nrthc Seller with respect to any good which arc the Scllcrsstandard stock. No such momination shall relieve the Purchaser or the Seller of any of their obligations as to any grad delivered bereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change Or termination is oncred. 8. COMPLIANCE WITH LAN'. The Seller wamnts that all goods sold hereunder shall have been produced. sold, delivered and furnished in strict compliance with all applicable Imes and regulations in which the goods arc subject. The Seller shall execute and deliver such documents as may be required to affect or evidence compliance. All Imes and regulations required to be incorporated in agreements of this character are hmbv incorporated hcrcin by this reference. The Seller ounces to indemnify and hold the Purchaser hamiless from all costs and damages suffered by the Purchaser es a result ofthe Sellers foilure 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 parry. 10. TITLE. The Seller wamnts full, dear and unrestricted title to the Purchaser Imall 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 ofothers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective good by a date to be agreed upon by the Purchaser and the Scllcr, and the Seller Ihercefter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Scllcr .%hall pay all costs associated with such wmk. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any Orion, resulting from the perfnmmne, of such work. This release shall apply even in the even of fault of negligence of the party released and shall extend Io the directom officers and employees Of nth pony. The Seller's contractual obligations, including warranty, 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 tree nny design, device material or process covered by letter. patent, trademark or copyright, the Seller shall indemnify nod save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or 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 reason ofsuch infringement at any time during the pmseeution or ancr 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 procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal hot noninfringing equipment, or modify it so it bcconmes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the henefit of creditors, appoint a receiver or trustee for any of the Set Ice, property or busi nex%, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftcmms used Or the interpretation oflhe agreement unit the rights ofnll panics hereunder shall be constmM under and governed by the Imes of the State of Colamdo. USA. The following Additional Conditions apply only in eases where the Seiler is to perform work hereunder, including the services of Sellers Repo scntatlec(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall cam oa said work at Seller's own risk until the same is fully completed and acccptcd. and shall, in ease ofnay accident, dastmetion or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Scllcrs own expense and to the satisfaction ofthe Purche,cr. When materials and equipment arc furnished 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 Seiler under the order. 19. INSURANCE. The Seiler shall, at his own expense, provide for the payment of workers compensation, including oceupannnnl disease benefit%, 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 lews of the late in which the work is to he done. The Seller shall also carry comprehensive general liability including. but not limited to, contractual and automobile public tinhility insurance with bodily injury and death limits of rat ]cast S300.0110 for any one person S500.000 fir nny one accident and prnperty damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance Betnrc any of the Sellers or his contractors employees shall do any work upon the premises of nthers, the Seller shall furnish the Purchaser 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 when such eompensotion and insurance expires. The Seller agrees 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 whatsacver 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 harmless the Purchaser and any ar all of the Purchasers oficen, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to Persons or propem, to which the Purchaser may be put or subject by reason Of am' act. action, neglect. omission or default on the pan of the Seiler, any of his contractors, or any of the Scllcrs or contractors officers, agents or employees. In case any suit or other pmecedings shall be brought against the Purchaser, or its officers, agents or employees at any time On account or by reason of any act. action, neglect. emission Or ddmilt of the Seller of any of his contractors orany of its or their officers, agents or employees a% 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 nay be incurred by or obtained against the Purchaser or any of its or their officers. agents or employees in such suits or other pmccedinga, and in ease judgment or other lien be placed upon or Obtained against the property efthc Pumhascr. M said parties 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 Seiler and his contractors shall take all safcry precautions, furnish and install all guards necessary for the pmvcation 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 rules and regulations issued pursuant thereto. Revised 03/2010