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HomeMy WebLinkAbout111360 GRAINGER INC - PURCHASE ORDER - 9121200City of /Fort Collins Date: 02/29/2012 PURCHASE ORDER Vendor: 111360 GRAINGER INC 4531 INNOVATION OR FORT COLLINS Colorado 80525-3406 PO Number Page 9121200 1of2 This number must appear on all invoices, packing slips and labels. Ship To: WATER TREATMENT PLANT #2 CITY OF FORT COLLINS 4316 W LAPORTE AVE FORT COLLINS Colorado 80521 Delivery Date: 02/29/2012 Buyer: ED BONNETTE Note: PLEASSE SHIP TO ATTN: SCOTT FOREMAN; CONTACT #(970)221-6690. Line Description Quantity UOM Unit Price Extended Ordered Price I Quote #2015294068 Item #4VDP6 Nobles Scrubber 1 LOT LS Please fax the purchase order to the attention of Mark Stevens at 970.223.1818 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 . 5,485.20 Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fart Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 99-04S02. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Imlure of the Purchaser to insist upon strict performance of the tempts and conditions hereof, failure or delay to lammed Revenue, Denver. Colorado (Ref. Colorado Revised Staintes 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller 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 dnc to failure to meet specifications, either when shipped or disc to defects of any of the warranties or obligations of this purchase order and shall not be deemed a "river of any right of the damage in transit. may be returned to you for credit and arc not to he replaced except upon receipt of written Purehuscr to insist upon strict performance hereofor any of its rights or remedies as to nnv such good,,, 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 purported oral modification or mwi,csion of this purchase order by the Purchaser operate as a wniver of any of the terms Inspection. GOODS am subject to the City of Fart Collins inspection on arrival. hcmcf. Final Acceptance. Receipt of the merchandise, services or equipment in resporam 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 Sella and the Purchaser recognize that in actual economic practice, overcharges resulting fmm antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection proeedums. violations are in fact home by the Purchaser. Theretofore, for grad cause and as consideration for executing this purchase order, the Seiler 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 Fan Collins, 700 Wood St., End Collins, CO 80522, unless acquired under federal or state antitrust Imes for such overcharges relating to the particular goods or services otherwise specified oa 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. bill most accompany invoice Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is expected from the neucst distribution point to destination, and excess freight will be deducted from Invoice o,hen shipments are made fmm greater distance. Permits Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations. ordinances and rules of the state, municipality, territory or political subdivision where the work is perfomuod, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrccs to hold the City of Fan Collins hamdes from 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 requirements. Anthorinuion. All parties to this contmet agree that the represcnlatices are. in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the temps 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 temu and conditions proposed by sellerarc objected found hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to unite on your promised delivery date as noted. Time is ofthc essence. Delivcry and perfnmmnec must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchucrs 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 nfplacing this order elsewhere and holding the Seller liable for damages. Hoot ver, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable enntml and without its fault ofacgligenec, such acts of Gad, acts of civil or military notherities, gmemowntal priorities, fires strikes, fond, epidemics, wars or Hats provided that notice of the conditions causing such delay 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 be extended for the period equal to the time actually lost by reason ofthc delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by Ibis order will conform with applicable drawvings, specifications, samples and/or other descriptions given, will he fit for the purposes intended, and Performed with the highest degme of care and competence in accordance with accepted standard for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers broach of watmnte 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 he prescribed by law or by the tams ofany applicable warranty provided by the Seller after the date of acceptance of the good furnished hereunder (acceptance not to he unreasonably delayed), resulting from imperfect or defective work done ar materials Finished by the Seller. Acceptance or use of Soak by the Purchaser shall not constitute a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend mall damages proximately caused by the breach of any of the foregoing warm noes or guarantees, but such liability shall in no m'ent include loss of pmfits or Ins arose. 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 quantities originally ordered in the specifications or drawings. by verbal ar w ouen change order. If any such change affects the amount due or the time ofperformancc hereunder, an equitable adjustment shall he made. fi. TERMINATIONS. The Purchaser may at any time by written change order. Ictminate this agreement as to any or all portions of the good then not shipped subject to tiny equitable adjustment between the panics as to any work or materials then in progress pmvidcd that the Purchaser shall rim be liable for any claims for anticipated profits on the uncompleted Proton 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 to any goods which arc the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hecnnder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asened within thirty (30) days fount the date the change or temhiontion is ordered. R. COMPLIANCE WITH LAW. The Seiler warrants that all good sold hereunder shall have been produced. sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods 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 he incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamrles fmm all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with .such law. 9. ASSIGNMENT. Neither patty shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the Prior wri0cn consent of the other party. 10. TITLE. The Seller wamats full. clear and unrestricted title to the Purchaser for all equipment, materials, and items (bmishcd in performance of this agreement, free and clear of any and nil liens. restrictions, reservations. security interest encumhmnccs and claims of othem. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Scllcr, and the Seller thereafter 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 Seller shall pry all costs associated with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any name resulting from the performance afsueh work. This release shall apply even in the event of fault of negligence of The party rdcnscd and shall extend In the directors, oRecrs and employees of such parry. The Sellers contractual obligations, including wamnty, shall oat be deemed to he reduced, in any way, because such work is performed or caused to be perforated by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by Icner, proem, trademark or copyright, the Seller shall indemnify and Save harmless the Purchaser front 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 of such infringement at any time during the prosecution or a0cr the completion of the work. In case said equipment, or any pan thereof or the intended use of the goads, 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 praeurc for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but naninfringing equipment, or modify it so it becomes noninfringing. 15, INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors appoint a receiver or trustee for any of the Sellers Property or business, this order may forthwith he canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftcmu used m the interpretation ofthe agreement and the rights of all parties hereunder shall be constrood under and governed by the laws ofthe State of Colorado, USA. The fallowing Additional Conditions apply only in cases "here the Seller is to perform work hereunder. including the services ofShcets Rcpmsentativc(s), oa the premises afothcrs. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work al 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 complelion and acceptance, complete the work al Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or credina 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 Scllcr trader the order, IR. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers emnpensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, rattler to their dependents in accordance with the laws of the state in which the work is to be done. The Seller Shall also carry comprcherwive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and demb limits of at Iczst R300.000 for any one pcaan. S500.IX10 for any one accident and property damage limit per accident of S,I RIJRFI. The Seller shall likmvisc require his contractors, if any. to provide for .such compenSation and insurance. Befnrc any of the Scllcrs or his contractors employees shall de any work upon the premises ofothers, the Seller shall Punish the Purchaser with a certificate that such compensation and insurance have been pmvidcd. Such certificates Shall specify the date when Such compensation and insumnec have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Scllcr agrccs that such compensation and insurance shall he maintrincd until alter the entirework is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hcrcby assumes the entire responsibility and liability far any and all damage, loss or injury efray kind or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hnmiless the Purchaser and any or all of the Purchasers affects, agents and employees form and against any and all claims. losses. damages. charges or expenses, whether direct or indirccl. and wheher to persons or property In which the Purchaser cony he put or subject by reason of any act action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers. agents or employees. In case any suit or nther Proceedings shall be brought against the Purchaser, or its oficen, agents or employees at any time on account or he reason of any act. action, neglect, omission or default of the Seller of any of his contractors or any of its or tlmir officers, agents or employees as aforesaid. the Seller hemby agrees to assume the defense thereof and to defend the same at the Scllcrs own expense, to pay any and all costa, charges, aaomcys 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 employees in such wits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said panics in or as a result afsueh suits or other proceedings. the Seller will at once cause the same In he disselved and discharged by giving bond or of crotissc. The Seller and his contractors shall take all Safety precautions, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including. but without limitation, the Occormional Safety, and Health Act of 1970 and all rates and regulations issued pursuant thereto. Revised 03/2010