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HomeMy WebLinkAbout111360 GRAINGER INC - PURCHASE ORDER - 9120042 (3)PURCHASE ORDER PO Number Page City Of 9120042 1 of z 6rt COIF This number must appear = on all invoices, packing slips and labels. Date: 06/20/2012 Vendor: 111360 Ship To: DRAKE WATER RECLAMATION GRAINGER INC CITY OF FORT COLLINS 4531 INNOVATION DR 3036 ENVIRONMENTAL DRIVE FORT COLLINS Colorado 80525-3406 FORT COLLINS Colorado 80525 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 UOM Unit Price Extended Ordered Price 2 CREDIT 1 LOT EA -42.06 ADDED PER M.WARREN EMAIL REQUEST 6/20/12. -ECB Total-$42.06 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill Il, 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 Teens and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt Tram state and local taxes. Our Exemption Number is 99-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector Of Internal Revenue, Denver. Colorado (Ref Colorado Revised Statutes 1973. Chapter 39 26. 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, citha when shipped or clue to defects of damage in transit. may be returned to you for credit and are not to he replaced except upon receipt of written instructions from the City Of Fort Collins. Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the Icons and conditions hemot failure or delay to exercise tiny rights or remedies pmvidcd herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for good herrennder or approval ofthe design, shall not release the Seller of any ofthe warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchnscr to insist upon strict performance hcrcofor any ofits rights Or remedies as mime such goods, regardless of when shipped, received or accepted as to any prior or subsequent default hercundcr, not shall any purported coal modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hcrecf Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fort Collins, However, it is to be 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 procedures. violations arc in fact bore 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 Terms. Shipments must be F.O.B., City of Fan Collins. 7f10 Weed St.. Fort Collins, CO 80522, naless acquired under federal or state antitrust laws for such overcharges relating to the particular good or .cervices othcrw'ise 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. I3. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing paints in various pans of the country, shipment is lftha Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed ninon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness 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 Seller shall pay all cost, associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable Imes, regulations, ordinances and odes of the state, municipality. Icmitory 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 further agrees to hold the City of Fort Collins hamdess form and against all liability and loss incurred by them by reason of an asserted or established violation ofany such laws, regulations, ordinances, miss and requirements. Authorization. All panics to this contract agree that the representatives am, 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 (earth and any supplementary or additional terms and conditions annexed hacto or incorporated herein by reference Any additional or different terms and conditions proposed by seller arc 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, Time is ofthe essence. Delivery and performance must be diccted within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this prevision. In the event ofany delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing 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 causes not reasonably foreseeable which arc beyond its reasonable control and without its fault ofnegligtrwe. such act, of Gad, acts fcivil or military authontics, governmental priorities, fires, strikes, flood, epidemics, wars or riots 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 reccired knowledge thereof. In the went 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 goods. strides, 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 Of a similnr nature. The Seller agrees to hold the purchnscr harmless from any loss, damage or expense which the Purchaser may suffer Or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (I) year or within such longer period of time as may be prescribed by law or by the terms ofany applicable wamnty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting front imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this an carry. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately cmtsed by the breach ofany of the foregoing wormatics or guarantees, but such liability shall in no event include loss of profits or loss of usc. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal tcmw by written change order. 5. 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 s,c6feadon: Or drawings. by verbal or written change order If any such change affects the amount due or the time of pafommanee hereunder. an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order. tccminatc this agreement as to any or all portions of the good then not shipped, subject to any equitable adjustment between the panic, 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 uncompleted portion of the goad 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 ofany of their obligations as to any good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjusmtent must be asserted within thirty (30) days from the date the change or termination is ordered. R. 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 laws and regulations to which the goods are 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 hamdess from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order. or any monies due or to become due hcreunda without the poor written consent of the other parry. 10. TITLE. The Seller warrants full, clear nad unrestricted title to the Pumh.scr far 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 others. The Scl let ,shall release the Purchaser and its contractors ofany her from all liability and claims of any nature resulting from the performance 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, officers and employees ofsuch party. The Sclhu's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is perforated or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or pmcess covered by letter, patent tmdcmark or copyright, the Seller shall indemnify and save hnmiless the Purchaser from aav and all claims for infringement by mason Of the use of such patented design, device. material or process in eannection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason ofsuch infringement at any time during the pmsccution Or after the completion of the work. In case said equipment or any part thereof or the intended use 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 its option. either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment. or modify it so it becomes nnainfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt make an assignment for the hencftt of creditors, appoint a receiver or trustee for say of the Sellers property, or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the in comemlica ofthe agreement and the rights of all panics hercundcr shall be constmcd under and governed by the laws ofthe State of Colomdo. USA. The following Additional Conditions apply only in cases where the Seller is to perfomu work hercundcr, including the services of Scllcrs Representative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in case of any accident. destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Seller's ern 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 became responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. 18. INSURANCE. The Sella shall, at his own expense, provide for the payment of workers compensation, including Occupational 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 dune. The Seller shall also carry comprchcnsive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of tit least 5300,000 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, to provide 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 been pmvidcd. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until aficr the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller herelw assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind Or nature whatsocccr to persons or property, caused by or resulting from the execution ofthe work pmeidccl for in this purchase order or in connection hercwilh. The Seller will indemnify and hold hamdess the Purchaser and any Or all Of the Purchasers officers, agents and employees form and against any 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 net, 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 prac"dings 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 default ofthe Seller of any of his contractors or any of its or their offiners, 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 that 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 proNcy of the Purchase,. or mid panics in Or as a result ofsuch suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond orutherwisc, The Seller and his contractors shall take all safety precautions, famish and install all guards necessary for the pmecntion of accidents, comply with all laws and regulations with regard to safety including. but without limitation, the Occupation.] Safety and Health Act Of 1970 and n11 roles and regulations issued pursuant thereto. Revised 03/2010