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HomeMy WebLinkAbout133833 REXEL - PURCHASE ORDER - 9122778City of �,.F.�or_t Collins Date: 05/15/2012 Vendor: 133833 REXEL 500 N LINK LN FORT COLLINS Colorado 80524 PURCHASE ORDER PO Number Page 9122778 1of2 This number must appear on all invoices, packing slips and labels. Ship To: DRAKE WATER RECLAMATION CITY OF FORT COLLINS 3036 ENVIRONMENTAL DRIVE FORT COLLINS Colorado 80525 Delivery Date: 05/15/2012 Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 PLANT & GARAGE EQUIPMENT 1 LOT LS 10,956.00 400994951 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 Purchase Ordcr Tcrms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Taa exemption. By statute the City of Fort Collins is exempt fmm %rem and local fxxcs.Onr Exempt inn Number is 98-04502, Federal Excise Tax Exemption Cenifiente of Registry 84-6000597 is registered with the Collector of Internal Rv%enne. Denver. Colorado (Ref. Colorado Revised Statutes 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 tmntit may be returned to you for credit and arc not to he replaced escepl apon receipt of rvriten instructions from the City ofFan Collins. Inspection. GOODS arc subject to the City of Fnn Collins inspection on arrival. 11. NONWAIVER. Failure of the Pnrchnscr to insist upon strict performance of the terms and conditions hereof, failure or delay to exercise any rights Or remedies pmvidcd hcrcin or by Irv, failure to promptly notify the Seller in the event of a breach, the acceptance ..for payment for goods hereunder or approval of the design, shall not release the Seller of any of the ..malice sn obligations of this purchase order and shall nor be deemed a waiver orally right of the purchaser to insist upon strict perfnrmnncc hcrcofor any of its rights or remedies as to any such good. meandlcss of when shipped, received or accepted, as in any prior or subsequent deLanit hereunder. nor shall arry purported am] ..modification or resai,,om of this purehaw onicr by the Purchnscr operate as a waiver of any of the trials hereof. Final Acceptance. Receipt of the mcmhandise. services or equipment in response to this order can result in 12, ASSIGNMENT OF ANTI TRUST CLAIMS. authorized payment on the pan of the City of Fnn Collins. However. it is to he understood that FINAL Seller and the Purchaser rceagnim that in lonml economic practice. mcrehugcs resulting from antitrust ACCEPTANCE is dependent upon completion ..fall applicable required inspection procedures. violations arc in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this Purchase order, the Scllcr hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must he F.O.B., City of Fan Collins, 7M Word St.. Fen Collins CO R0522. unless acquired under federal or state antitrust laws for such overcharges relating to 0w panrcnlar goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased m 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 manufacturers have distributing points in various pans of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or dcfcctivc goods by a date In be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted front Invoice when Purchaser and the Seller, and the Scllcr lhcmaner indicates its inability or umvillingness to comply, the Purchaser shipments arc made from greater distance. may cause the work to be performcd by the most expeditions means available to it, and the Seller shall pay all costs associated with such ,fork. Permits. Seller shall pmcurc at sellers sole cast all necessary, permit, certificates and licenses required by all applicable Imes, regulations, ordinances and mles of the state. municipality, territory or political suMlo ision whcrc the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller father agrees to hold the City of Can Collins harmless fmm and against all liability and loss incurred by then by reason of an asserted or established violation of any such law. rcg dalions, ordinance. talcs and requirements. Authnrizalion. All panics to this contract agree that the representatives arc. in fact, bona fide and possess fall mad complete authority to bind said panics. LIMITATION OF TERMS. This Pamhnse Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary, or additional terms and conditions annexed hereto or Ineoganmrcd herein by reference. Any additional ar different isms and conditions proposed by seller are objected farad hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to norne on your promised delivery date as noted. Time is ofthe c.%cnec. Delivery and performance must be effected within the time stated on the purchase order and the decumems attached hereto. No acts of the Purchasers including, wilh tin limitation, acceptance of penial late deliveries, shall operate as a onivcr ofthis provision. In the event Orally delay. the Purchaser shall have, in addition to other legal and equitable remcdics, the option arplacing this order elsewhere and holding the Seller liable for damages. However, the Scllcr shall not be liable for damages ere a result of delays due, to causes not reasonably foreseeable which arc beyond its reasonable control and without its Fault of negligence. such acts of Gnd, act of civil for militarymahnrilice, govcmncntal prinritics, fires, strikes. food, spider ics, wars or riot provided that notice of the conditions causing such delay is given to the Porehaser 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 he extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will confront with applicable dmwings, specifications, samples and/or other descriptions given, will he fd for the purposes intended, and perforated with the highest degree arcane and competence in accordance with accepted standards for work oft .similar nature. The Seller agrees to hold the purchaser harmless rem any less. damage or expense which the Purchaser may suffer for incur on account of the Scalers breach of,mmmty. The Seller shall replace. repair m 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 he prescribed by Ire or by the terns array applicable warranty Provided by the Seller rf cr the date of acceptance of the goods furnished hereunder (acceptance no, to he unreasonably delayed), reselling from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of grcds by the Purchnscr shall not constitute a waiver ofanv claim under this warranty. Except as othervise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wmmntics or guarantees, but such liability shall in no event include loss ofprofits or loss of use. NO IMPLIED WAR RAN'FY OR MERCI IANTABILITY OR OF FITNESS FOR PUR POSE SI IALL APPLY. 4. CHANGE INLEGALTERMS. l'he Purchaser nary make changes to legal terms by written change order. 5. Cl IA NGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terns, including additions to for deletions from the quantities originally ordered is the specifications Or dmwings, by verbal Or .aincn change order. If any such change affects the amount due or the time ofperformanec hcreundcr, an equitable adjustment shall be naedc. 6. TERMINATIONS. The Purchrscr may at any time by wTinen change order. terminate this agreement as to ray ar all ponians of the goods then not shipped.. subject to any equitable adjustment benscen the panics as to any work or materials then in progress pmvidcd that the Purchaser shall not he liable for any claims for anticipated profits on the uncompleted ,onion of the goods and/or work, for incidental or consequential damages, and that no such adjustment he made in favor of the Seller with respect to any goods which arc the Scllcrs standard stock. No such termination shall relieve the Purchaser or the Seller orally of their obligations as In any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT, Any claim for adjustment must he asserted within lhirty (30) days from the date the change at Icmuinntion is ordered. R. COMPLIANCE WITH LAW. The Seller warms 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 documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated hcrcin by this reference The Seller agrees in indemnify and hold the Purchnscr hxmilcss firm all costa and damages .slurried by the Purchnscr as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or nay monies due or to become due hereunder without the prior a ritten consent of the other party. 10. TITLE. The Seller warmms full, clear and unrestricted title in the Purchaser for all equipment, materin Is. and items furnished in perfammnce of this agreement, free and clear of any and all liens restriction. reservations, security interest cncumhmnccs and claims ofmhcrs. The Seller shall release the Purchaser and its containers army tier Tom all liability and claim,% of any nature resulting form the performance ofseh work. This release shall apply even in the event of fault of negligence of the pally relented and shall extend to the directors, officers raid cnmployecs ofsuch party. The Seller's contractual obligations. including \ram my. shall not be deemed to be reduced, in any way. because such work is performed for caused to be Performed by the Purchaser. 14. PATENTS. \Vhcnrrcr the Scllcr is regnircd to uses any ds: ign. device. material or pmecss envcrnl by Icucq patent trademark or copyright, the Seller shall indemnify and cave In miless the Purchaser from anv and all claims for infringement by reason of the use of such patemed design. device, material or princess in connection with the contract, and shall indemnify the Parchawr for nay cast. expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or aner the completion of the work. In case said equipment. or any pan therco(ar the intended use of the goods, is in such .still held to constitute infringement and the use of said equipment for pill is enjoined. the Seiler shall. at its own expense and it its Option. either Procure for the Purchaser the right to continue using said equipment or pans, replace the more with substantially equal but nnninfringing equipment or modify it so it becomes nnninfringing. 15. INSOLVENCY. If the Seller shall become insolvent at bankmpl, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers properly or business, this order may forth, ith he canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of term used or the interpretation of the agreement and the rights ofnll panics hereunder shall be construed under and governed by the laws Ofthe State of Colorado, USA. The following Additional Conditions apply only in eases where the Seller is to perform work hereunder. including the sereics Of SCIICN Reprcsentative(s), on the premises ofotum.. 17. SELLERS RESPONSIBILITY, The Seller shall carry on said walk at Seller', own risk until the same is fully completed sad acccptcd. and shall, in case arrow accident d,simclien or injury to the work and/or materials before Sellers Mal completion mad acceptance. complete the work ill Seller's own expense and to the satisfaction of the Purchaser Mica materials and equipment are furnished by others for installation or erection by the Seller. the Seller shall receive, unload. store and handle same at the sire and become responsible ihciefor-as though such materials and/or equipment were being furnished by the Scller under the order, 18. INSURANCE. The Seller shill, at his own cxpcnse, provide far file payment m workers conpcn,ramo including occupational disease henents, to its employees employed an or in connection with the work covered be this purchase order. and/or to their dependent an in accordce with the laws of the state in which the ,ark is to be done. The Seiler shall also carry compmhen%ive generJ liability including, but not limited la. commnual and automobile public liability insurance with haddy injuryand death limits ofar least S300.000 far any raw persan. S500.000 for any one accident and property damage limit per accident of S400.000. The Seller shall likewise require his contractors, if nay, to provide for such compensation and insurance. Before any of the Scllcrs or his contractors employees shall do any work upon the premise% afathers, the Scllcr shall furnish the Purchnscr with a certificate that such compensation and insurance have been pmvidcd. Such cmfic.w, shall specify the date when such compensation and insurance have been provided, Such certificates shall spmi(v the date when such compensation and insurance expires The Seller agrees that such cn orwilmomf and insurance shall be mainfnincd until arc, the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire ocsponsihilify and liability forany and all danmge. lass or injury orally kind or monc wbat,never to persons or property closed by or resulting front the execution of she work prided for in this purchase onicr or in enrumectioa herewith. The ShcCr will indemnify and hold hornless the Purchaser and any or all of the Pumhascm affects, agents and employees fmm and against any and OII claim. losses, damages. charges or expenses, whether direct or indirect and whether to persons or ponncty to which the Purchaser nay he put or snblect by reason of any act, action, neglect, omission or default on the pan of the Scllcr, any of his contractors, or any of the Sellers or contractors officers, agents or empifoyces. In case any suit or other Proceedings shall be brought against the Purchnscr, or its officers, agents at employees at any time on account or by reason of any act, action, neglect omission or default of the Scllcr of any of his contractors for any of its or their nlliects. agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own cxpcnse, to pay any and all costs, charges, attorneys fees and other expenses. any and all judgments that may he incurred by or obtained against the Purchaser or any of its or their officers. agents or employees in such snits for other pmccedl and in case judgment for other lien be placed open or obtained against the property of the Pnrchnscr, or slid panics in or as a result of amb suits in other proceedings. the Seller will at note cause the same a he dissolved and discharged by firing bond or otherwise. The Seiler and his comracturs shall lake all safety prceawium. famish and install all Sterols necessary, far the prevention of accidents comply with all law% and regulations with regard to safety including, but without limitation. the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised ON2010