Loading...
HomeMy WebLinkAbout474775 ALLIANCE SAFETY INC - PURCHASE ORDER - 9121898PURCHASE ORDER PO Number Page City Of 9121898 1 of z `t Collinshis number must appear " ' 1 on all invoices, packing slips and labels. Date: 04/0212012 Vendor: 474775 ALLIANCE SAFETY INC 6804 E 48TH AVE UNIT H DENVER Colorado 80216 Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 04/02/2012 Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Invoice 50519 1 LOT LS 10 489 78 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill 11, 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 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions, By ,statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Fedexal Excise Tax Exemption Cenificme of Registry 84-6000587 is registered with the Collector of Internal Rercnuc. Denver, Colorado (Ref. Colorado Rcvised Statutes 1973. Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet speei fcations, either when shipped or due to defects of damage in transit may be returned to you for credit and are not to be replaced except upon receipt of written impaction., fmm the City of Fnrt Collins. Inspection. GOODS arc suhieci to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions Immaf. failure Or delay to exercise any rights or remedies provided herein or by law, failure to pmntptly notify the Seller in the event of a breach, the acceptance nfor payment for goods hereunder m approval of the design, shall not release the Scllcr of any of the waminfe, or Obligations of this purchase oiler and shall not be deemed a waiver of anv right of the purchaser to insist upon strict perfomance hercofor any of its rights or remedies a,s to any saeh goods, regardless of when shipped, received or accepted, is to any prior or subsequent default hereunder, nor shall my purported mml modifieition or rc,cissiOn of this purchase order by the Purchaser operate as a e.river ofany Oldie terms hcmvC Final Acceptance Receipt of the merchandise, services or equipment in response to Ibis 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 taralmmrrod that FINAL Seller and the Purchaser recognize that in actual economic practice. overcharges resulting from antitrust ACCEPTANCE is dependent open enmpletion ofall applicable required inspection procedures. violations arc in fact borne by the Purel,um. Theretofore, for good cause and as consideration for executing this purchase Order. the Seller hereby assigns to the Purchaser any and all claims it any now have Or hemaner Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 WONT St.. Fro Collins, CO 80522. unless acquired under federal or state antitrust Imrs for such overcharges relating to the particular goods Or scrr,wcs othenise 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. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where ntanufaemrers have distributing points in various parts of the country, shipment is If the Purclinser directs the Scllcr to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be dalaeted front Invoice when Purchaser and the Seiler, and the Seller thereafter indicates its inability Or unwillingness to comply. the Purchaser shipments arc made from greater distance. may cause the work to be performed by the most expeditious means available to it and the Seller shall pay all costs associated with ueb On. Permits. Seller shall procure at sellers talc coat all necessary permits, certificates and licenses requited by all applicable laws, reglations, ordinances and rules of the state. municipality. territory or Vol itical slxlirision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seiler further agrees to hold the City of Fear Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations. ordinances. mles and requirements. Authodmtion. All parties to this contract agree that the representatives am, 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 tern 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 tern and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery date as noted. Time is addle essence. Delivery and performance must be effected within the time slated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without I in, tat an, acceptance of partial late dcl ivories, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this Order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to eau,, not reasonably foreseeable which arc beyond its reasonable control and as ithoul its fault of negligence. ,such act, of God. acts of civil or military authorities governmental priorities, fires, strikes. Barad, cpidem ies, is or rims pmvidcd 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 extcnded her the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all good,. articles, materials and work coverts by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will he fit for the purposes intended, and perfumed 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 or expense which the Purchaser may suffer or incur on account of the Scllcrs breach of war arty. The Seller shall replace, repair or make grad, 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 enormity, provided by the Seller aver the date Of acceptance of the good furnished hereunder (acceptance not to be unreasonably delayed). resulting firm imperfect or defetive work done or materials furnished by the Seiler. Acceptance or use of gods by the Purchaser shall not constitute a waiver Orally claim under this warranty. Except as otherwise provided in this purchase order, the Scllcrs liability hercuada shall extend to all damages proximately caused by the breach of any of the foregnite wamatic, or gu ];maces, but such liability shall in no csent include loss of pmfits or loss Muse. NO IMPLIED WARRANTY OR M ERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGALTERMS. The Purchaser may make changes to legal terms by written change order. 5. Cl IANGES 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 rerbal or written change order. If any such change affects the amount duc orthe time ofperformancc hereunder, an equitable adjustment shall be made. ts. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment birsycco the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated pmlits on the uncompleted portion of the goods andfor work. for ineidcnal or consequential damages, and that no such adjustment be made in farm of the Seller with respcet to any good which arc the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their cal igations as to any good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thin, (30) days fmm the date the change or termination is nnlcred. 8. COMPLIANCE WITH LAW. The Seller wamnts 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 cards are subject. The Seller shall execute and deliver such documents as may be required to effect cra'idcnce compliance. All laws and regulations required to he 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 costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Ncilher parry shall assign, mnsfer. or convey this order, or any mmpics due or to become due hereunder without the prior wTinen consent of the other parry. 10. TITLE. The Seller wamnts ftd 1, clear and unrestricted title to the Purchaser for all equipment materials, and items furnished in performance of this agreement. free and clear of any and all liens. restrictions. reservations, security interest encumbrances and claims of other,. The Seller shall rcicace the Purchaser and its contractors Of any Her from all Iiabi lily and claims of any nature resulting Form the performance ofsuch work. This rdcasc shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employ", oLwch pan,. The Scllcr', contractual obligations. including warmary, shall not be dcemcd to be reduenl. in any way. because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Scllcr is required to use any design, device. material or process covers] by letter, patent, trademark Or copyright, the Scllcr shall indemnify and save hnmiless the Purchaser from any and all claims for infringement by rcison Of the use of such nitrated 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 a11cr the completion of the work. In case said egoipn¢nl, or any part thereof or the intended use of the goods, is in such silt held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, it its own expense and at its option, either procure for the Purchaser the right to continue using mid equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becon¢s nnninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the bnicfit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liohility. 16. GOVERNING LAW. The definitions of teams used or the interpretation of the agreement and the rights of ill parties hereunder shall be consumed mtder and governed by the laws of the Slate of Colomdo. USA. The fallowing Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services ofSellers Represenlativc(.$), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall tarty oa said work m Sells(, Own risk until the same is fully completed and accepted, and shall, in ease of anv accident, destruction or injury to the work and/or materials before Scllcrs final completion and acceptance, eompletc the work at Seller', own cspcn,c and to the satisfaction of the Purchaser. When materials ind equipment are 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 material mad/Or equipment were being furnished by the Seller under the order. I B. INSURANCE:. The Seller shall. at his own expense, provide for the payment of workers conpensatinn, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order. and/or n their dependents in aeeordrace with the law, of the ,late in which the ,ark is In he done. The Scllcr shall also carry comprehensive generat liability including, but not limited to, contractual and automobile public liability Iuwmmce v ah bodily injury and death limits of as leas S300,000 for any One person, S500,000 tor any one accident and property damage limit per accident of S400.000. The Seller sladl 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 of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have bmn provided. Such certifcatesshall specify the date when such compensation and insurance expires. The Scllcr agrees that such compensation and insurance shall be maintained until afet the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility, and liability for any and all damage, loss or injury ofany kind or nature whatsoever to person, or property caused by or resulting Form the execution of the mark pmvidcd for in this purchase onto or in connection herewith. I lie Seller will indemnify and hold hamiless the Purchaser and any or all of the Purchasers affects, agents and employees from and against my and all claims, losses, damages, charges Or expenses, whether direct or indirect, and whether to persons Or property to which the Purchaser may be put or subject by reason of any Oct. action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors affects, agents or employees, In ease 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 dofanit of the Seller of any of his contractors or any of its or their Officers. agents or employees m aforesaid, the Seller hereby agrees to isaumc the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, chargeattorneys 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 employes in such suits or other proceedings. and in case judgment or other fen be placed upon or obtained against the property of the Purchaser, Or said parties in or as a result of such suits or other proceedings. the Seller will at once cause the same to he it cd and discharged by giving bond or mherwise. The Seller and his contractors shall take all safety prccmmions, furnish and install all guards necessity for the prevention of .accidents, comply with all lams and regolmians with regard to safety including, hilt without limitation, the Occupational Safely and Health Act of 1970 and all rules and regulations issued pursuant thereto, Revised 03/2010