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HomeMy WebLinkAbout111983 MCMASTER-CARR SUPPLY COMPANY - PURCHASE ORDER - 9120026 (2)PURCHASE ORDER PO Number Page City of 9120026 1 of z ' `♦ Collins OI l I n �+�7 This number must appear on all invoices, packing slips and labels. Date: 04/02/2012 Vendor: 111983 Ship To: WATER TREATMENT PLANT #2 MCMASTER-CARR SUPPLY COMPANY CITY OF FORT COLLINS PO BOX 7690 4316 W LAPORTE AVE CHICAGO Illinois 60680-7690 FORT COLLINS Colorado 80521 Delivery Date: 01/05/2012 Buyer: ED BONNETTE 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 6 ADDENDUM PO 9120026 1 LOT EA 8,000.00 EQUIPMENT PARTS (REQ 41731) � a,�.� Q. Oi'le.:stQ � v 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:purcliasing@fcgov.com 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 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of To" Collins is exempt fmm state and local taxes. Our Exemption Number is 99-04502. Federal Eaise Tax Exemption CcniBeate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Stamics 1973, Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit may be rcmrncd to you for credit and arc not to he replaced except upon receipt of written instructions fmm the City of Fort Collins. Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Failure ofthe Purchaser to insist upon strict Performance of the terms and conditions hereof. knilure or delay to exercise any rights or remedies provided herein or by law. failure to promptly notify the Seller in the event of a breach, the acceptance efor payment for goods hereunder or approval ofthe design, shall not release the Seller of any of the wamnines or obligations of this purchase order and shall not be deemed a waiver of any right ofthe purchaser to insist upon strict performance hereofor any of its rights or remedies as tr any such goods, regardless of when shipped, received m accepted, as to any prior or subsequent default hereunder, nor shall any punnortcd real modification or rescission of this purchase order by the Pnrchascr operate as a waiver of any of the terms hereof. Final Acceptance. Receipt of the mcmhandise, 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 Purchnscr recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable rcquimd inspection proccdurcs. violations arc in fact home by the Purchaser. 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 Trims. Shipments must be F.O.B.. City of Fen Collins. 700 Wood St.. Fort Collins, CO 90522, unless acquired under federal or state antitrust loxes for such overcharges relating to the particular goods or services othcmise specified on this order. If pemtission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant In this purchase order. bill must accompany invoice Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans of the country. shipment is If the Purchnscr directs the Seller to correct nonconforming or defective goods by a date to he agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the S,lIcT, and the Seller therca0cr indicates its inability omawillingness to comply, the Purchaser shipments ore made From greater distance. may cause the work to be performed by the most expeditious means available to it and the Sclicr shall pay all costs associated with such work. Permits. Seller shall procure a1 sellers sole coat 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 performed. or required by any other duly constituted public authority having jurisdiction over the work of e.do,. Seller firnM, agmcs to hold the City of Fort Collins hamiless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, onlinmmes, rules and requirements. Authorization. All parties to this contract agree that the representatives arc, in fact. bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set faith and any supplementary or additional mms and conditions annexed herein or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected in and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Tim, is ofthe essence. Delivery and performance must he effected within the time stated on the purchase order and the documents attached hereto. No aces of the Purchasers including, without limitation, acceptance ofpanial late deliveries, shall operate as a waiver ofthis provision. In the event of any 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. Hoocver, the Seller shall not be liable for damages is a result of delays due to causes not reasonably foreseeable which arc beyond its miumnable control and without its fault of ricgligence, such act of God, acts ofeivil or military authorities, governmental priorities, fires. strikes Bad, epidemics, wars or riots providcd that notice of the conditions causing such delay is given to the Purehasm within five (5) days of the time when the Seller first reecived 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 ofthe delay. 3. WARRANTY. The Seller warrants that all goals, articles. materials and work covered by this order will confirm with applicable drawings, specifications, samples andor other descriptions given, will he fit for the purposes intended, and Performed with the highest degree of cam 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 or expense which the Purchaser may suffer or incur on account of the Sellers breach of wamnty. 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 be prescribed by law or by the terms ofany applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting firm imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constimte a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages pmximatcly caused by the breach ofany of the foregoing warn an or guarantees. but such liability shall in no event include loss of profits or loss rinse. 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 written change nrdcr. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal teats including additions to or deletions from the quantities originally ordered in the speeiftendnns or drawings, by vo sal or -n1wo change order, If any net, change affects the amount due or the time ofperfomance hemander, an equitable adjustment shall be made. 6. TERM (NATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the galls then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in progniss 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 than no such adjustment he made in favor of the Seller with respect to any galls which are the Sellers standard stock. No sreh termination shall relieve the Purchnscr or the Seller of any of their obligations as to any goods delivered hocundc, 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustmcm must be asserted within thirty (30) drys fmm the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants 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 goads 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 Purchnscr humorless From all costs and damages suffered by the Pnrchascr as a result efthe Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer. or convey this order, or any monies due or to bcenme due hereunder without the prior written ennwnt ofthe other party. 10. TITLE. The Seller wamnts full, dear and unrestricted title to the Purchnscr for all equipment. nalerials, and items furnished in performance of this agreement. free and clear of any and all licm•. restrictions. Mwevations, security interest encembernsex and claims of others. The Seller shall release the Purchaser and is contractors of any tier fmm all liability and claims of any nature resulting from the performance of such work. This mica se shall apply even in the event of fault of negligence of the parry released and shall extend to the directors. nBicets and employees of such party. The Seller's conmchial obligations, including wamnty, shall not he deemed to be reduced, in any way. because such work is Performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device material or process covered by letter, patntt. trademark or copyright, the Seller shall indemnify and 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 ofmch infringement at any time during the prosecution or after the completion ofthe work. In case said equipment or any pan thereof or the intended use ofthe goods, is in such ,,in held to constitute infringement and the use of said equipment or pun is enjoined. the Seller shall, at its own expense and at its option, either procure for the Pnrchascr the right to continue using said equipment or pans, replace the sane with substantially equal but ooninfringing 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 pmperty or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW, The definitions of terms used or the interpretation ofthe agreement and the rights ofall parties hereunder shall be construed undo 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 work hocunder. including the services of Scllcrs Repmscmative(s), on the premises ofothers. 17, SELLERS RESPONSIBILITY, The Seller shall cam on mid work at Seller's own risk until the mime is fully completed and accepted, and shall, in cast of any accident. datmction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Sellers ow'n expense and to the satisfaction of the Purchaser. 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 bring furnished by the Seller under the order. IS, INSURANCE. The Seller shall, at his own expense, pmvide for the payment of workers compensation. including occupational disease benefits. to its employees employed on or in connection with the work eewered by this purchase order. and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least eMo.o 0 for any one person, S500,000 for any one accident and property damage limit per accident of S400.606. The Scllcr shall likewise require his contractors, if any, to pmvide for such compensation and insurance Before any of the Sellers or his contractors employees shall do any work upon the premises rf others, the Seller shall famish the Pumhaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have becn provided. Such certificates shall specify the dint when such compensation and insurance expires. The Scllcr 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 Scllcr hereby assumes the entire responsibility and liability for any and all damage, lesser injury of any kind or nature whmsocrer to persnus nr pmpety caused by or resulting fmm the execution ofthc work providcd for in this purchase order or in connection herewith. The Seller will indemnify and hold hamlcssthe Purchaser and any or all of the Purchasers officers, agents and cmplryccs from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect and whether to persons or pmperty in which the Purchaser none be pun or subject by reason of any act, action. neglect, omission or default on the pan ofthe Scllcr, any of his contractors, or any of the Scllcrs or contractors officers. agents or employees. In case any suit or other proceedings shall he brought against the Pnrchascr, or its officers, agents or employees at any time on account or by mrson of any act, action, neglect omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as 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 nhnl may be incurred by or obtained against the Purchaser or any of its or their officers. agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the pmperty of the Purchnscr. or said parties in or as a result of such suits or other pmeccdines. 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, famish and install all guards necessary for the pmvention of accidents. comply with all laws and rcgmatlons with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant thereto. Revised 03I2010