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HomeMy WebLinkAbout114422 DOWNTOWN ACE HARDWARE - PURCHASE ORDER - 9121124City of Fort Collins Date: 02/23/2012 Vendor: 114422 DOWNTOWN ACE HARDWARE 215 S COLLEGE AVE FORT COLLINS Colorado 80524 PURCHASE ORDER PO Number Page 9121124 10f2 This number must appear on all invoices, packing slips and labels. Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 02/23/2012 Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 2012 LED Bulb Markdown:Energy Star approved bulbs valued $29.99 and above C3. Oi'le�o-Qs� 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 2,500.00 Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Ordcr Terms and Conditions Page 2 of 2 I. COMMERCIAL. DETAILS. Tax exemptions, By statute the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Nvmhcr is 11. NONWAIVER, 93-01502. Federal Excise Tax Exemption Certificate of Registry 84-00100597 is registered with The Collector of Failure of the Purchaser to insist upon strict performance of the terns and conditions hereof, random or delay to Internal Revenue. Denver. Colorado (Ref. Colorado Revised Statutes 1971, Chapter 39-_afi, 1141.), exercise any rights Or remdi ees pmvidcd hcmin or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for gmds 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 wacontics or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be learned to you far credit and arc not to he replaced except upon receipt of wrinen purchaser to insist upon strict performance herenfor any of its 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 pagtortnl not modification or rescission of this purchasc order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS arc subject to the City of Fen Collins inspection on anival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OP ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However. it is to be understand that FINAL Seller and the Pnrchnscr recognize that in actual economic practice. oercharges resulting from antitrust ACCEPTANCE is dependent upon completion efull applicable required inspection precedums, violatian, arc in fact horns by the Pnmhascr. 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.B., City of Fort Collins, 700 Wood St.. Fort Collins, CO 80522, 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 freight purchased or acquired by the Purchaser pursuant to this purchase order. hill must accompany imnice. 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 correct nonconforming or defective goods by n date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted flat, Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or umvillingnecc to comply. the Purchaser shipments am made form gmatcr distance. may cause the work to be performed by the most expeditious means available to it, and the Seiler shall pay all casts associated with such work. Permits. Seller shall procure at sellers sole east all necessary permits, certificates and licenses required by all applicable Imes, regulations ordinances and roles of the state, mnnieipaliry, territory or political subdivision where the work is perfomed. or required by any other duly constituted public authority hnvingjarisdiction over the work of vendor. Seller further agrees to held the City of Fan Collins hamlcss farm, end against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, onlinarces, ales and requirements. Authorization. All parties to this contract agree that the representatives are. in fact, bona Tide and possess fid1 and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the toms and conditions stated herein set forth and any supplementary or additional tans and conditions annexed hereto or incorporated herein by reference Any additional ordi Rcrent terms and conditions proposed by seller arc objected found hereby touched. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make ennrplete shipment to arrive on your premised delivery date as noted. Time is of the essence. Dclivory and perinmence must be elTected within the time stated on the purchasc order and the documents attached human. No acts of the Purchasers including, without limitation, acceptance ofpanial late a clivenes, shall operate as a waiver of this prevision. In the event of any 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. However. the Seiler shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its masonable central and wxithmn its fault ofacgligence. such acts ofGmL acts ofei,il or military authorities. governmental priorities, Ores, strikes. lord, epidemics, oars or riots provided that notice of the conditions causing such delay is given to the Pumhscr within five (5) days ofthe time when the Seller first received knew, ledge thereof. 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. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications. samples anchor other descriptions given, will he fit for the purposes intended, and ,woom el with the highest degree of care and competence in accordance with accepted standards for work of a simile nature. The Seller agrees to hold the purchaser hamdess fmm any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good. without cast to the purchaser, any defects or faults arising within one (I) year or within such longer period of time as may be prescribed by Inv or by the terms of any applicable wamnry pmvidcd by the Set let flier the date of acceptance of the goods furnished hereunder (acceptance not to he unreasonably delayed), resulting front imperfect or defective work done or materials fumished by the Seller. Acceptance or use of grads by the Pnmhascr shall not consti title a svaivcr of any claim under this am my. Except as mhcnvi,c provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing ocionrtics or guarantees, but such liability shall in no event include loss of profits ar lass of use NO Ih1 PLI ED WARRANTY OR M EACH A N'rA H I IITY OR OF FITNESS FOR PURPOSE St IA LL APP LY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal Isms by wrinen change order. 5. CHANCES IN COMMERCIAL. TERMS. The Pnmhascr may make any changes to the tells, other than legal terms, including additions to Or dcictimas from the quantities originally ordered in the spcei0emions or drawings. by verbal ar written change order. If any such change affects the amount due or the time of pefomance hereunder. an equitable adjusment shall be made. fi. TERMINATIONS. The Pnmhascr may at any time by written change order, terminate this agreement as to ,any or all primers of the goads then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in pmgai provided that the Purchaser shall not be liable for any claims for anticipated prefus an the unmmplcted pnnion ofthe goods ondcar work, for incidental or conscgmntial damages, and that no such adjustment be made in favor ofthe Seller with respect to any goods which are the Sellers standard sunk. No such termination shall rclioe the Purchaser or the Seller of any of their obligal ions as many goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adju tmcm most be as, encd within Ihim (30) days from the date the change or Termination is ordered. R. COMPLIANCE: WITH LAW. The Seller wamnt, that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliver such document as may be required to effect or evidence compliance. All laws 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 harmless fmm all cost and damages suffered by the Pnrchnscr as a result of the Sellers failure to comply with such Inv. 9. ASSIGNMENT. Neither patty shall assign, transfer, ar convey this order. or any tactics due or to become due hereunder without the prior wrinen consent ofthe other party. 10. TITLE. The Scllcr mmnts full. clear and unrestricted title to the Purchaser for all equipment, mntttials, and items furnished in performance of this agreement, free and clear of any and all liens, restrictions, rcsemations, security interest cacumbmnces and claims of others. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any natum resulting from the performance ofauch won),. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors. officers and employees ofsnch Party. 'rho Seller', contractual obligations, including wamnty, shall not be deemed to he reduced, in any way, because such work is performed or caused to he performed by the Pnrchnscr. 14. PATENTS. Whenever the Seller is required to u,c any design, device, material or process covcrcd by letter, patent, trademark or copyright, the Seller shall indenmifv and save hamdess the Purchaser from any and all claim, for infringement by reason of the use of such patented design, device, material at pmcess in connection with The contract, and shall indemnify the Purchaser for any tact. expense or damage which it may be obliged to pay by mason of -such infringement at any time during the prosecution or after the completion of the work. In ease ,aid equipment. or any pan thereof or the intended use of the pearls, is in such snit held to constitute infringement and the use of said equipment or part is enjoined, the Seller shall. at its man expense and at its option, either procure for the Purchaser the right to continuo using said equipment or pans, replace the same with substantially equal but mninfringing equipment, or modify it so it becomes aminfineging. 15. INSOLVENCY. If the Seller shall become insolvent at bankopl, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers pmpcny or business, this order may fanhwith he canceled by the Porchnscr without liability. 16, GOVERNING LAW. The definitions oftems used or the interpretation ofthe agreement and the rights refill panics hereunder shall be construed under and governed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in cases where The Seller is to perform work hereunder. including the services of Sellers Rcpmscatalivc(s), an the premises of others. 17. SELLERS RESPONSIBILITY. The Scllcr shall carry an said work al Seller's own risk until the sane is fully completed and accepted, and shall, in ease 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 own expense and to the ,misfactic" airline Purchaser. When materials and equipment are famished by others for installation or oration by the Seller. The Seller shall receive, unload, stare 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. 19. INSURANCE. The Seller shall, at his man expense, pmvidc for the payment of workers compensation, including occupational disease benefit,. to its employees employed on or in connection with The stork covered by this purchase order, and/err to their dependents in accordance with the Imes of the slam in which the work is to he done. The Seller shall also tarty comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least S300,000 for any one person, $500.000 for any one accident and pmpenv damage limit per accident of S400.000. The Seller shall likewise require his contractors, if any, to pmvidc for such compens olion and insurance. Before any of the Sellers or his contractors employees shall da any work upon the pre rises of mhos, the Scllcr shall famish the Purchaser with a re"ifieme that such compensation and insurance have been Provided. Such certificates shall specify The date when such compensation and insurance have been pmvidcd. Such ccniftcates shall specify the date when such canna mien and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is compleed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Scllcr herchy assumes the entire mspansibility and liability for any and all damage, Ions or injury army kind or nature whatsoever to persons or property caused by or resulting fmm the execution ofthc work provided far in this purchase undercut in connection herewith. The Seiler will indemnify and hold hamdess the Purchaser and any at all of the Purchasers officers, agents and employees fmm and against any and all claims, losses, damages. charges or expenses, whether direct or indirect, and whether to persons or property to which the Pnmhascr may be put or subject by reason array act, action, neglect. omission or default on The part of the Seller, any of his contractors. or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be hrought against the Purchaser. or its officers. agent 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 eommeners or any of its or Their officers, agents or employees its aforesaid, the Seller hereby agrees to assume the defense Ihercof and to defend the snore at the Sellers own expense, to pay any and all costs, chnrgcs, nttamcy:s fees and other expenses, any and ell judgnents that may be imaimd by or obtained against the Pnrchnscr or any of its or their officers. agents or employees in such suits or other proceedings. and in case judgment or other lien he placed upon or obtained against the pmperry 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 dissnked and discharged by giving bond or otherwise. The Sellerand his contractors ,hall take all safety precautions, furnish and install all guards necessary for the prevention of accidents, comply with all Imrs and regulations with regard to ,,few including, but without limitation, the Occupational Safety and Health Act of 1970 and all mles and regulations issued pursuant Therein. Revised 0312010