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HomeMy WebLinkAbout452925 INTERSTATE ALL BATTERY CENTER - PURCHASE ORDER - 3212335PURCHASE ORDER PO Number Page City Of///��� 3212335 1 of z F6r} Collins This number must appear ,/_^,'`�—J`-' ` ` �7 on all invoices, packing slips End labels. Date: 02/02/2012 Vendor: 452925 INTERSTATE ALL BATTERY CENTER 300 WILLOW ST FORT COLLINS Colorado 80521 Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST 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 UOM Unit Price Extended Ordered Price 2012 Blanket Order 1 LOT LS 6,000.00 Utilities 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 Total 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. COMMERCIALDET.VLS. Tax exemptions. By statute the City of Fort Collins is exempt fmm state and local tames. Our Exemption Number is 11, NONWAIVER. 98-0,1502. Federal Excise Tax Exemption Cer ificxte of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the toms and conditions hereof. failure or delay to Internal Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). exercise any rights or remedies pmvided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goodi, hereunder or approval ofthe design, .shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be dremed a waiver of any right of the damage in transit, may he returned to you for credit and am not to be replaced except upon receipt of written purchaser to insist upon strict performance hcmofor any Of its rights Or remedies as to any such goods. regardless instructions fmm the City of Fan Collins. of when shipped, received or accepted, as to tiny prior or subsequent default hereunder, nor shall any purported nil modification or rescission of this purchase order by the Purchnscr operate as a waiver of any of the terms Inspection. GOODS am subject to the City of Fen Collins inspection on arrival, here.(. Final Acceptance. Receipt of the merchandise, services or equipment in response to this nrder can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fan 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 arc in fact borne by the Purchaser. Theretofore, for good cause and as considemtion for executing this purchase order. the Seller hereby assigns to the Purchaser any and all claims it may now have or hcrcaficr Freight Tcros. Shipments must be F.O.B.. City of Fen Collins, 7(X) Wood St. Fan Collins. CO 90522, unless acquired under edeml or state mnimot Imes for such overcharges relating to the particular goods or services otherwise specified on this order. If permix ou Is given to prepay freight and charge separately, the Original freight purchased or acquired by the Purchnscr pursaam to this purchase order. bill must accompany invoice. Additional charges for packing will not be neccptcd. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where nmnnfacturcrs have distributing points in various pans of the country, shipment is ❑'the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected front the nearest distribution point to destin Lion, and excess freight will be deducted front Hemet, t,hcn Purchnscr and the Seller, and the Seller thcrcnfer indicates its inability nr unwillinpness to comply, the Purchaser shipments are made firm greater distance. may cause the work to be Performed by the most cspeditimis means available to il, and the Seller shall pay all costs associated with such Work - Pcrmits. Seller .shall procure at sellers sole cost all necessay permits. ecnifieales and licenses required by all applicable laws, regulations. ordinances and miles ofthe state, municipality. territory or political subdivision where the work is performed, Or required be any other doly constituted public authority h:rvingjurisdiction over the work of vendor. Seller Gather agrees to hold the City of Fort Collins harmless fmm and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, roles and requirements. Authori.alum. All panics In this contract agree that the representatives are. in fact. boon fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the toms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different tams and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make completes shipment to arrive on your promised delivery date as noted. Time is of the csscvice. Delivery and pMomance must he effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance o(panial late deliveries, shall operate as a waiver ofthis provision. In the event ofanv delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option orphaning this order elmwhere and holding the Seller liable for damages. Hawser, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which am beyond its mmonaldc control and without its fault of negligence, such acts of God, acts ofeivil or military authorities, governmental primilies. Gres, strikes, flood, epidemics, scats or riots provided that notice of the conditions causing such dclav is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall he extended for the period equal to the time actually last by reason ofthe delay. J. WARRANTY. The Seller wamntt 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 mopnscs 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 ar expense which the Purchaser may suffer or incur on account critic Sellers breach of warmnty. 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 rimy he p r.wnbcd by law or by the more; Mrmnt any applicable way pmvided by the Seller after the date of acceptance of the goods famished hcrcundcr (acceptance not to be unrcawnably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Parch iscr shall not constitute a waist, ofany claim under this mammy. Except as otherwise pmyidcd in this purchase order, the Scllcrs liability hcrcundcr shall extend to all damages proximately caused by the breach of any of the foregoing ,am.ntics or guarantees, but such liability shall in no seem include loss afpmfits or nos of sc. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANCES IN LEGAL TERMS. The Purchaser may make changes to legal terms by wainen chance order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions fmm the quantities originally ordered in the specificatio s or drawings, by verbal or written change order. If any such change affects the amotmt due or the time of per(nmance hereunder. an equitable adjustment shall be made. fi. TERMINATIONS. The Purchaser may at any time by m'riman change order, Icminate this agreement as to any or all portions of the goods then net shipped, subject In any equitable adjustment between the Panics s to any work Or mmcrials Ihco in progress pmvided that the Purchaser shall not be liable for any claims for anticipated profits no the unenmplemd portion critic goods and/or work, for incidental or couscgncatial damages, and that no such ndbnttncOt he made in favor Of the Scllcr with respect to any grads which are the Sellers .standard stock. No such monfluation shall rclioe the Purchnscr or the Seller fany oftheir obligation, as to anv goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must he asserted within thirm (10) days from the ditto the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller ssamnts 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 Seller 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 arc heebv incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchnscr hamilecs from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such lam'. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent ofthe other party. 10. TITLE. The Scllcr wumnts fill, demand unrestricted title to the Purchaser for all equipment, malerfals and items famished in perfomnance of this agreement. free and clear of any and all IicaS. restrictions, mscr atinns, security interest encumbrances and claims ofmhcrs. The Seller shall release the Purchnscr and its contractors of any tier fmm 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 ofsuch party. The Scller:s contractrml obligations, including warmnty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be perforated by the Purchaser. 14. PATENTS. Whenever the Seller is mquircd to use any design. device. material or process covered by letter. patent, tmdenark or copyright, the Seller shall indemnify and sine harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material nr pmeers in om.,uum with the cataract, and shall indemnify the Purchaser for any cost, capcnse or damage which it may be obliged to pay by reason ofamb 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 suit held to eostitum 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 parts, replace the same with substantially equal but noninfringing equipment, Or modify it so it becomes noninfringing. 15, INSOLVENCY. If the Seller ,hall become insolvent or bankmpt make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers pmpeny or hasincss, this order may forthwith be canceled by the Purchaser, without liability. 16. GOVERNING LAW. The definitions oftc,ow used or the interpretation Ofthe agreement and the rights ofall panics hco order shall he constmod under and governed by the laws of the State of Colorado, USA, The following Additional Conditions apply only in cases where the Seller is in perform wink hereunder. including the sen'ices of Sellers Reprcsentative(s), on the premises wfotlacm. 17. SELLERS RESPONSIBILITY. The Seller shall crone no said work at Seller's own risk until the same is fully completed and accepted, and shall, in ease array accident, destruction or injury to the work and/or materials before Seller's final completion and ,acceptance, complete the work at Sellers own expense and to the satisfaction ofthe Purchaser. When materials and equipment arc famished by Others for installation or crcmion be 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 Scllcr under the order. 19. INSURANCE. The Seller shall, at his own expense provide for the payment of workers compensation, including occupational disease bcncfils. to its employees employed on ar in connection with the work covered by this purchase order. and/or to their dependents in accordance with the Ines of the state in which the work is to be done. The Seller shall also carry enmprehensov general liability including, but not limited to, contractual and autoombile public liability insurance .with bodily injury and death limits arm least S100.000 for any one person. S500,000 for any .no accident and property damage limit per accident of S400.000. The Seller shall likewise retain, 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 premises nfrthcr,, the Scllcr shall famish the Purchaser with a ecnificmc 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 compensation and insurance expires. The Seller agrees that such contpensntion and insurance shall be maintained until arc, the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Scllcr hereby assumes the entire responsibility anti linbility for any and all damage, lessor injury of any kind Or mture whatsoever to persons or pmperty caused by Or resulting from the r ,eution with, work provided for in this purchase nrder or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and anv m all Of the Purchasers officers, agents and employees from and against any and all claims losses. damages charges or expenses, whether direct or indirccl, and whether to persons or pmpeny to which the Purchaser may be put or subject by reason of any act. action, ncglcct. omission or ddault on the pan ofthe Seller, any of his contractors, or any of the Scllcrs 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 any act, action, neglect. omission or default of the Seller of any of his contractors or any of its or their oR'¢cm. agents Or employees as aforesaid, the Seller botchy agrees to assume the defense thereof and to defend the same at the Sellers men expense, to pay any and all crisis, charges, attomps fees and other expenses. any and all judgments that may be incamd by or obtained against the Purchaser or any of its or their officers, agents or emplovees in such .suits or nthcr proceedings, and in case judgment or other hcn be placed upnn or obtained against the pmpeny ofthe Purchaser, or 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 Seller and his contractors shall take all safety precautions, banish and install all guards necessary for the prevention of necidents, comply with all has and regulations with regard to sdety including. but without limitation, the Occupational Safety and Health Act M 1970 and all mlcs and regulations is ucd pursuant Ihercto. Revised 0312010