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HomeMy WebLinkAbout494607 JOSEPHS HARDWARE & HOME CENTER - PURCHASE ORDER - 9121125City of �.,Fo�rt Collins PURCHASE ORDER PO Number Page 9121125 1of2 This number must appear on all invoices, packing slips and labels. Date. 02/23/2012 Vendor: 494607 Ship To: ELECTRIC UTILITIES JOSEPHS HARDWARE & HOME CENTER CITY OF FORT COLLINS 2160 W DRAKE RD, UNIT A5 700 WOOD ST FORT COLLINS Colorado 80526 FORT COLLINS Colorado 80521 Delivery Date: 02/23/2012 Buyer: OPAL DICK Note: Line Description Quantity Ordered UOM Unit Price Extended Price 2012 LED Bulb Markdown:Energy 1 LOT LS 2,500.00 Star approved bulbs valued $29.99 and above Total $2,500.00 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 Purchasc Ordcr Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from .state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-0,1502. Federal Excise Tax Exemption Cenificite of Registry 54-6000557 is registered with the Collector of Failnrc critic Purchaser to insist upon strict performance of the terns and conditions hereof. Galore or delay to Internal Revenue, Denver, Colomdn (Ref Cnlnmdo Revised Statutes 1973. Chapter 39-26, 114 (a). exercise any rights or remedies pmvidcd herein or by law, failure to promptly notify the Seller in the event of a breach. the acceptance nfor payment for grads hercu ula or approval ofthc design., hall not release the Scller of Goods Rejected. GOODS REJECTED dnc to failure to wed .specification, citha when shipped or doe Io defects of any of the wamunits or obligations of This parchnsc order and shall not be deemed a waiter crony right of the damage in tmnit, may he returned to you for credit and arc not to be replaced except upon receipt of ,rincn purchaser to insist upon strict perfmnence hereafor any of its rights or remedies as to any such goods, regardless inm¢tien, from the City.(Farr Collins, of when shipped, received or accepted, as to any prior or subsequent default hereunder. nor shall any purported oral modification or rescission of this purchase order by the Purchaser anemic as a waiver of any of the terms Inspection. GOODS arc subject to the City or 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 Fart Collins. However, it is to be understood that FINAL Seller and the Purchaar recognize that in actual economic practice, overcharge, resulting from antitmst ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in Get borne by the Parchascr. Therctofore. for good cause and as consideration for executing this purchase enter, the Seiler hereby assigns to Ile Purchaser any and all claims it may nov have or hereafter Freight Term,. Shipments must be F.O.H.. City of Fen Collins, 700 Wood St.. Fen Collins, CO 80522, unless acquired header federal or state antitrust laws for such overcharges relating to the particular good or services otherwise sneered on this order. If pemission is given to prepay freight and charge separately, the original freight purchased m acquired by the Purchaser pursuant to this Purchase ordet, bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance Where mnnuGeturers have distributing points in varions pans of the country, shipment is Tribe Purchaser dircets the Seiler to correct nonconforming or defective goods by a date to be agreed upon by the expected form the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inabilitym unwillingness to comply. the Purchaser shipments arc made form greater distance. may cause the work to be perfnrmed by the most expeditious means available to it, and the Seller shall pay all casts associated isith,inch work. Pemits. Seiler shall practice at sellers sole cost ail necessary Permits. certificates and licenses required by all applicable laws, rcgudations. ordinances and rules of the state, nmnicipality, monitory Or political soldivision where the work is performed. or required by any other duly constituted public authority having jurisdiction over the work of vendm. Seller further agrees to hold the City of Fort Collins harmless form and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws. regulations, ordinances, rules and requiornncuts. Authorization. All panics to this contract agree that the representatives arc, in fact. harm fide and possess Fell and complete authority to bind said panics. LIMITATION OF TERMS. This Purchose Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional corns and conditions annexed hereto or incorporated herein by reference Any additional or different terms and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make worrier, shipment to arire no your promised delivery date as noted. Time is of the cc ence. Dclivm 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 dciivcria. shall operate as a waiver of this prevision. In the event array delay, the Purchaser shall have, in addition to other legal and equitable remedies. the option ofplacing this order clsco'herc and holding the Seller liable for damages However, the Seller shall not be liable for damages as a result of delays due to causes at reasonably foreseeable which are beyond its reasonable control and without its fault ofncgligencc. such acts cf God, acts ofeivil or military authorities governmental priorities, fires, strikes food, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within fire (5) days of the time when the Seller first received knowledge decal 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. a. WARRANTY. The Seller warrants that all good, articles. mataiats 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 care and competcncc in accordance with accepted standards for nark of a similar nature. The Seller agrees to hold the purchaser harmless form any Inc, damage or expense which the Purchaser may suffer or incur on account of the Scllcrs 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 law or by the terms array applicable warranty provided by the Sell ter aver the date of acceptance of the goads furnished hereunder (acceptance not to be unreasonably delayed), m,ahing form imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a uviver ofanv claim ender 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 of any of the foregoing wamntics or guarantees, but such liability shall in no event include loss of profits or loss of use. NO 1M P LI ED WARRANTY OR M ERCI I A NITA B I LITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGA 1. TERMS. The Purchaser may make changes to legal toms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the Icons, other than legal terms, including additions to or deletions fruit, the quantities originally ordered in the specifications or drawings, by verbal or written change nrder. If any such m change affects the ro nt due or the time ofperfm ,anee hereunder, an equitable adjustment shrill m ll be ade. 6. TERMINATIONS. The Purchaser may at any time by writer change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment bebvccn the panics as to any work or materials then in progress provided that the Purchaser shall no, be liable for any claims for anticipated pmPos on the uncompleted portion critic goods and/or mark, for incidental or consequential damages, and that no such adjustment he made in favor of the Seller u'ith,respect io nny goods which arc the Sellers standard stock. No such Icrminmion shall relieve the Purchamr or the Seller of any of their obligations as to any goofs delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment mast he asserted within thirty (30) days Item the date the change or Icmination is ordered. S. COMPLIANCE WITH LAW, The Seller w'amnts that all goad.; sold hereunder shall have been produced. sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the gods arc 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 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 wriacn consent of the other party. 10. TITLE. The Seller warrant, full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in perfnannanre of this agreement, free and clear of any and all liens, restrictions reservations. security interest encumbrances and claims of othi The Seller shall release the Purchaser and its contractor, of any tic, from all liability and claims of any nature resulting fen the performance afsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, ri told cnnployces of,och piny. The Seller', contractual obligations, including warranty, shall not he deemed to be milaccd, in any way, because such work is perfumed or cnu,cd to be perfnnncd by the Purchaser. 14, PATENTS. WI,cccver the Seller is required to ow tiny design, device, material or process covered by letter, patent, tmdcnmrk or copyright, the Seiler shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patentcd design, device, material or process in connection with the contract, and shall indemnify the Purchaser foram, cost, expense or damngc which it may be obliged to pay by reason of such infringement at any time during the prosecution or afer the completion of work. In case said equipment. or any pan thereof or the intended use of the guards, is in such suit held to constitute infringement and the us of said equipment or pan is enjoined, the Seller shall, at its own expense .and at its Option, either procure for the Pont the right to continue using said equipment or pans, replace the .came with substantially equal but noninfringing equipment or modify it sr it becomes not -infringing. 15. INSOLVENCY. If the Seller shall became insolvent or bankrupt, make an assignment for the benefit of creditors. appoint a reccivcr or mutes for any of the Sellcm Polltry or business, this order may fonhwi th be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of Iemns used or the interpretation of the agreement and the rights of atl panics hereunder shall be contnted under and governed by the laws of the State of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is to perform walk hereunder. including the scniees of Scilcm Representative(,). no the promises ofothers. IT SELLERS R F_S PONS IISILITY, The Scicr shall carryon said work at Scllcrs own risk until the same 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 expente.and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by the Seller, the Seiler sha11 receive, unload. store and handle same at the site and become responsible therefor as though such materials and/or equipment were being fnnishcd by the Seller under the order. 18. INSURANCE;. The Seller shall, at his own expense, provide for the payment of workers compensation. including occupational disease benefim to it cmplq'ecs employed on or in connection with the work covered by this purchase order, and/or to their dependcnh in temrdancc with the lases of the state in which the work is to be done. The Scller shall also carry comprehensive general liability including bill not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at lenst S300.000 for any one person. 5500.000 for any one accident and property damage limit per accident of 5400.f00. The Sella shall likevisc require his conuamors, if any, to provide far such compensation and inxmnoce. Before any of the Sellers or his contractors employees shall An any work upan elm premix•, of oihcrs, the Scllershall famish the Purchaser with a ccrtif,aty that such compensation and insurance have been provided. Such certificate, shall specify the dune when each eonnpensxtion and insurance have been provided. Such certificates shall specify the date when such compenntion and insurance expires, The Sclicr agrees that such compensation and insurance shall be maintained mail after the cmire work is complcted and acccpicd. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and .all damage. loss or utility afmty kind or nature whatsrcver to persons or property caused by or walling from the execution of the work pmvidcd for in this purchase order or in connection herewith. The Scller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages. charges or expense,, whether direct or indirect, and ahcther to persons or property to which the Purchaser rare be put or subject by reason of any act, action, neglect, mnission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers. agents or employees. In ease any snit or other proceedings shall be brought against the Purchaser, or its officers, agents or cnnployccs at any time on account or by reason of nny act. action. neglect. omission or defult of the Seiler orally of his contractors or any of its or their officers, agents or employees as aforesaid. the Seiler hcreby re agrees to assume the defense thereof and to defend the suns at the Sellers own expense, to pay any and all costs. charges, anomgs fees and other experews, any and all judgments that may be incurred by or obtained against the Purchaser or anv of its or their offecm. agents or employers in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Puorhncc or mid panics in or as a result of such suits at other proceedings. the Seder will at once cause the ,anon to he dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, furnish and install all guars necessary for the prevention of accidents, comply with all Imes and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all miss and regulations issued pursuant therein. Revised 03/201n