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HomeMy WebLinkAbout105906 ALMETEK INDUSTRIES INC - PURCHASE ORDER - 9123293PURCHASE ORDER PO Number Page City Of9123293 1 of 2 Fort CThis number must appear //_'',�'`�—J`_' ` CollinsJ on all invoices, packing slips and labels. Date: 06/08/2012 Vendor: 105906 Ship To: LINCOLN CENTER ALMETEK INDUSTRIES INC CITY OF FORT COLLINS 2 JOY DR 417 W MAGNOLIA HACKETTSTOWN New Jersey 07840-5331 FORT COLLINS Colorado 80521 Delivery Date: 06/07/2012 Buyer: JAMES O'NEILL Note: Line Description Quantity Ordered UOM Unit Price Extended Price APP - per quote #:CL520 1 LOT LS 4,492.00 780 Storm Drain Markers Total $4,492.00 Invoice Address: 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 City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO BOX 580 Fort Collins, CO 80522-0580 Purchase Order Teens and Conditions Page 2 of 2 I. COMMERCIALDETAII.S. Tax exemptiorl By statute the City of Fort Collins is csempt fmm state and local tare.. Our Exemption Number is 99-11s502. Federal Esei,e Tar Eac uninn Certificate of Registry 94-6061537 is registered with the Collector of Internal Revenue. Denver. Colorado (Ref Colorado Revised Statutes 1973. Chapter 39-26. 114 Fd. Goods Rejected. GOODS REJECTED due to failure to area specifications, either when shipped or due to defects of damage in transit, may be rcmmcd to you for credit and are not to be replaced emcept open receipt of written instructions from the City of Fort Collins. Inspection. GOODS ate subject to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon strict perfomanee of the terms and conditions hereof, failure or delay to exercise any rights or rcmcdics pmvidcd herein or by law, failure to pmmplly notify the Seller in the event of a breach. the acceptance of or payment for good hereunder or approval of th< design, shall not release the Scl Icr of any of the wamntic, or obligations of this pnrchase Order and shall or be deemed a waiver of any right Of the purchaser to insist upon strict performance hereMorany of ns rights or rcmcdics as an any such gurus, regardless 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 operate as a waiver of any of the arms here.(. Final Acceptance Receipt of the merchandise, services or equipment in response to this order can Terrill in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fort Collins. However, it is to he understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection proceduresviolation, are in fact borne by the Purchaser, Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby nsign, to the Purchnscr any and all claims it may now have or herm0er Freight Terms. Shipments must be F.QR.. City of Fun Collins, 700 Wert St.. Fort Collins, CO 80522. unless acquired under federal or stale mditrsl laws for Such overcharges relating to the pnrticul r goods or saviecs otherwise specified on this order. If pcmission is given to prepay freight and charge separately, the original freight purchn..d or acquired by the Purchaser pursuant to this purchase order, bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in %armus pans of the country. shipment is expected form the nearest distribution point to destination. and cacess freight will be deducted From Invoice when shipments are made flown greater distance. Permits. Seller shall Fromm, at sellers sole cost all necessary pewit. ecrificil and licenses required by all applicable laws, regulations, ordinances and mlcs 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 vendor. Seller father agrees to hold the City of Pon Collins hamlcss from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, odes and rcquin merm Authorization. All parties to this contract agree that the representatives are. in fact. bona fide and possess full and contrive anthonty to bind said parties. LIMITATION OF TERMS. This Puahioe Order expressly limits acceptance to the Iems and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hacto or incorporated hcrcin 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 complete shipment to attire on your promised delivery date as noted. Time is of the essence. Delivery and performance must he effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including. without limitation, acceptonce of panial late deliveries. shall opera as a waiver ofthis provision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable rcmcdics, the option ofplacing this order dscwhav and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault ofncgligncc, such acts of Gnd, act, ofciviI or military anhonties. governmental priorities. rites, strikes, fond, epidemics, mars or riots pmvidcd that notice of the conditions causing such delay is given to the Porchascr within five (5) days of the time when the Seller first received to o slahe thereof. In the event orally 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 goods, articles, materials 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 competence in accordance with accepted standards for work or a similar nature The Seller agrees to hold the purchaser hamlcc form any loss. damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wamnry, The Scllcr shall replace. repair or make good. without cast 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 terns orally applicable n'amody provided by the Seller afcr the doe Of acceptance fu orthe goods punished hereunder (acceptance not to be unreasonably delayed), resulting fmm imperfect Or defective work done or materials famished by the Seller. Acceptance or use of good by the Purchaser shall not constitute a waiver ofany claim order this wmmrdy. Except as otherwise provided in this purchase order, the Scllcrs liability hcrcanda shall inroad to all damages proximately caused by the breach ofany of the foregoing wamalics ear guaranies but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR M ERCIIANTABILITY OR OF FITNESS FOR PURPOSE SHALT. APPLY. 4. CHANGES IN LEGA L TERMS. The Purchaser may make changes to legal lams by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purehaeer may make any changes to the toms. other than legal terms. including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal ear written change order. If any such change affects the amount due or the time ofperfomancc hamader, an equitable adjustment shall be made. h. TERMINATIONS. The Purchaser may at any into by written chance order terminate this agreement as to any or all potions of the gned, that rim shipped, suhjmt to any Minable adjustment bcmecn the panics as to any work or materials then in progress provided that the purchaser shall not be liable for any claims for anticipated profits on the ancmmpleted portion of the good and/or work, for incidental or consequential damages. and that no such adjustment be made in favor of the Seller with aspect to any goad which are the Scllcrs standard stock. No such termination shall relieve the Purchaser Or the Seller ofany ofthcir obligations as to any good delivered herca Oda. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asseracd within thirty (30) days from the date the change or tcmnination is ordered. S. COMPLIANCE WITH LAW, The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable Imes and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may he required to effect or evidence compliance. All laws nod regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hammles, from all costs and damages suffered by the Purchaser as a result of Seller, failure to comply with such lam. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies dnc or to become due hereunder without the prior mriucn consent of the other party. 10. TITLE. The Sellawamnts full, clear and unrestricted title to the Purchaser for all equipment. materials, and items famished in performance of this agreement, free and clear of any and all liens, restrictions mscreations, sec onry interest encumbanecs aad claim., of olhas. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or directive goods by a date to be ogrcal opno by file Purchaser and the Seller, and the Seller thereafter indicates its inability or umvillingness to comply, the Purchaser may cause the work to be perfomcd by the most expeditious means available to it, and the Seller shall pay nil costs associated with such work. The Seller shall release the Purchaser and its contractors Of any tier from all liability and claims Many marry resulting from the perfnmancc of such work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, olfaers and employees ofrch parry. The Seller's cnntmctual obligations, including warranty, shall not be deemed to he reduced. in any wily, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Rrhenn'cr the Seller is required to use any design, device material or process covered by letter. final, trademark or copyright, the Seller shall indennify and save hnmlcss the Purchaser fmm any and all claims for infringement by reason of the use of such patented desiym, device, material or process in connection with the contract and shall indemnify the Porchascr 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 after the completion of the work. In case said equipment or any part thereof or the intended rise of the goods, 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 it option, either procure for the Purchaser the right to continue using said equipment or pans, mdrec, the same will, substantially equal bill nnninfringing equipment. or malify it so it becomes noninfringing. 15. INSOLVENCY, If the Seller shall become in.volvmt or bankrupt, make an assignment for the benefit of creditors, appoint a mciewc, or m,me for any of the Sel lcrs property or business. this order may forthwith be canceled by the Purchnscr without liability. 16. GOVERNING LAW. The definitions of terms used or the intap retntion ofthc agreement and the rights ofall panics hereunder shall be construed Linda and governed by the Imes of the Sate ofColomdo, USA. The following Additional Conditions apply only in cases w'herc the Seller is to Parana work hereunder. including the services MScllers Refuesenative(s), on the promises ofothas. 17. SELLERS RF_CPONSII3ILITY, The Scllcr shall carry on said wink at Seller's 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 anti acceptance, complete the work at Seller's own 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 v'mme at the .site and become responsible therefor as though %rich materials and/or equipment were being furnished by the Seller under the Order. I R. INSURANCE. The Seller shall. at his torn expense, provide for the payment of workers compensation, including ocnmational disease benefits. to its employees employed on or in connection with the work covered 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 tarty comprehensive general liability including, but not limited in, contraemal and automobile public liability troaa-nee with bodily injury and death limier of at least S300,000 for any one person, S500,000 for any One accident and property, damage limit per accident of S400.000. The Seller shall likewise require his contractors, if any, In provide for such compensation and insurance Before any of the Scllcrs or his contractors cmplovecs shall do any work upon the premises ofolhers, the Seller %hall famish the Purchaser vith a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have ban provided Such certificates shall specify the date what such empensation and insurance expires. The Scllcr agrees that such compensation and insurance shall be maintained until afer the entire work is completed and accepted. 19. PROTECTION AGAINSTACCIDENTS 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 persons or roper -Ty caused by or resulting Form the execution of mile work pmvidcd for in this purchase order or in connection haewilh. The Seller will indemnify and hold harmless the purchaser and any or all of the Porchascr, officers, agent and employees from and against any and all claims, losses, damages, charges or expenses. Whether direct or indirect, and whether to persons or propcty to which the Purchaser any be put or svbbla by reason of any act. action, neglect omission or default on the part of the Seller. any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, ear its oficers, agents Or cnlplOyeeS at any lime on account or by reason of any act, action, neglect, omission or default of the Seller of any M his contractors or any of its Or their officers, agents or employees as ofore mid, the Seller hereby agrees to assume the fTfcnsc thereof aid to defend the same ill the Sellers own expense, to pay any and all cons, charges, attorneys fees and other cxfmascs. any and Al judgments that may be incurred by or obtained against the Purchnscr Or any of its or their officers. agents Or employees in such suits or other proceedings, and in case judgment or other lien he placed upon or obtained against the property of the Porchascr. or said panics in or as a rcsull of such skills or other p readings. the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors ,hall take all safety precautions, furnish and install all guards necessary for the pm%cnlion Of accidents, comply With rfl laws and regulations with regard to safety including, bra without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 03/2010