Loading...
HomeMy WebLinkAbout119225 FLINT TRADING INC - PURCHASE ORDER - 3214368Fort Collins Date: 02/27/2014 Vendor: 119225 FLINT TRADING INC PO BOX 160 THOMASVILLE NC 27361-0160 PURCHASE ORDER PO Number Page 3214368 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: TRAFFIC OPERATIONS CITY OF FORT COLLINS 626 LINDEN STREET FORT COLLINS CO 80524 Delivery Date: 02/26/2014 Buyer: JOHN STEPHEN 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 1 Preformed Pavement Markings Annual PER COLORADO SPRINGS BID. City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul 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 1 LOT LS 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 Fan Collins is exempt from state and local toxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Frdeml Excise Tax Exemption Cmifcam of Registry, 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to Journal Revenue, Denver, Colorado (Ref Colorado Revised Semmes 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in fie event of a breach, the acceptance ofor payment for goods le reard r or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due m failure to to specifications, either when shipped or due to defects of any of the wrommirs or obligations of this purchase order aud shall col be deemed a waiver of any, right of the damage in hansit may be returned to you for credit and art not to be replaced except upon receipt of written Purchaser to insist upon strict performance hereof or any of its rights or mmdies as to any such goods, regardless instructions fmm the City of For Collin, of when shipped, received or accepted, as to any prior of subsequent default hereunder, we shall any purported tool modification or rescission of this purchax order by the Purehaser apron, as a waiver of any of the teems Inspection. GOODS am subject to the City of To" Collin inspection on arrival. hereof. Final Acceptance. Receipt of Or merchandise, services at equipmem in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. amlwrized payment on the pan of the City of Fon Collins. However, it is to be understood Nat FINAL Seller and the Prominent, recognize flat in actual en, is practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable sequined inspection procedures. violations are in fact home by the aerTh Purch. emmfore,for good came, and as consideration for executing this purchase Ruder, the Seller hereby rectifier to the Purchaser any, and all claims it may now have or hereafter Freight Terms. Shipments most be F.O.B., City of Pon Collins, 700 Wood Sr., Pon Collins, CO 80522, unless acquired under orders] or state antitrust laws fro such overcharges relating to the particular goods m services otherwise sperifd .,his order. If pemrission u given to prepay freight and change separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase ouda. bill must accompany invoker. Additional charges for packing will not be accepted. Shipment Dimaavv. Where manufacturers from, diaributing Mints in van us pans of the country, shipment is expected form fine nearest distribution Mint to desrination, and excess freight will be deducted tram Invoice when shipments are rode from gtrater distance. Permits. Seller shall presence at sell. .It two all neesary permits, certificates cad licenses restricted] by all applicable laws, regulations, oudinances and toles of the state, municipality, territory or Political subdivision where the work is Performed, or occulted by any other duly constituted public authority having passim n aver the work of vendor. Seller further agrees to hold the City of Pon Collins harmless from and against all liability am lass incurred by them by reason of an asserted or established violation of any such laws, regulations, ardinances, roles and raluiremenrs. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and complete amhoriry, to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tams and conditions stated herein set forth and any supplementary or additional erns and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejecmd. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT imnedumly it you cannot make complete shipment to arrive on your pmmisd delivery date as noted. Time is of tho essence. Delivery and performance must be effected within the time stated an the purchase Roder cad the documents nttacbed hemp, No acts of the Purchasers includin, without limitation, acceptance affirmed late deliveries, shall operate as a waiver Of this provision. In the event of any delay, the Purchaser shall have, in addition to ocher legal and equitable remedies, the option of placing this Ruder elsewhere and holding the Seller liable for deranges. Ilowcveq the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which rote beyond its reasonable control and without its fault of negligence, such is of God, acts of dvil or at limry authorities, govemmenel tormonies, fires, strikes, Boil, 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 received knowledge thereof. In the sent of any such delay, the date of delivery shall be extended for fie is and equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all fords, articles, materials and work covered by this order will confirm with applicable drawings, specifrmion, samples marine other description given, will be fit for the purposes intended, and performed with the highest degree of can and comPemna in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purclaxr hatless from any loss, damage or expense which the Purchuer may southern,incur as account of fie Set]. breach of warranty. The Seller shall replace, mine of make good, wlfaut cost to the purchaser, any defects or faults arising within one (I) year or within such longer peril of time ss may be prescribed by law or by the terms of any applicable warranty pmvidd by the Seller after the date of acceptance of the goods fundshd hereuMer (acceptance Out to be unreasonably delayed), resulting from imperfect or defective work dare or materiels furnished by fie Seller. Acceptance or use of good by the Practitioner shall not rostra to a waiver of any claim uMe, this warranty. Except as otherwise provided as fix purchase order, the Sellers liability hereunder shall extend no all dinagn proximately wmed by the breach of any of the foregoing wormntice or guarmarombe, such liability abell in can event include loss ofp.f,. or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Forchaxr may make changes to legal moms by writes change coder. S. CHANGES IN COMMERCIAL TERMS. The purchaser may make any, changes to fie terms, mbar than legal terms, including additions to or deletims form fie quantities militantly oNerod m the id ecifmtiom or drawings, by verbal or written change order. If any such change effects fie amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The porehasm may at any time by written change Rider, terminate this agreement as to any or all Portion of the goods then not shipped, subject to any equmble adjustment between the parties in to any work or materials then in progress provided that the Purchaser shall not b, liable for any claims for anticipated profts on the uncompleted portion of the goods and/or work, for incidental or conswuential damages, and that no such adjustment In, made in favor of the Seller with respm to any goods which are flit Sellers standard stock. No such ¢main tion shall relieve the Purchaser or the Seller crony of their obligations as to any goods delivered hereunder. 2. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assured wilhin thirty (30) days from the dam the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder stall have ban produced, sold, delivered and famished in strict ompliance with all applicable laws and regulmions to which the goods are subject. The Seller ]oil execute and deliver such documents as may be regtired to effect or evidence compliance. All laws and 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 harmless from all costs and damages suffered by the Purchaser to a result of fie Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall Resign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent ofthe other party. 10. TITLE. The Seller warrants full, dear and committed title to the Purchaser for all equipment, matmals, and items fmished in perfirsomince of this agreement, free and clear of any aM all lien, restrictions, reservation, security interest rncmnbmarta and claims of ofers 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS, Ifthe Purebaser directs the Seller to correct m nconf ing or defective goods by is die to be agmed upon by the Purchaser cad the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to M performed by the man expeditions means mailable to it, nod the Seller shall pay all costs associid with such work. The Seller shall micam the Purchaser and its a marecmrs of any net from all liability and claims of any restore resulting tram the performance of such work. This rele c e shall apply even in the event of fault of negligence of the party released and shall extend to the directors, olfwrs and employes ofsnch party. The Sellers contractual obligations, including warranty, shall not be 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, patent, trademork r copyright, the Seller shall indemnify and save heralns the Purchaser from any and at I 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 Orange which it may be obliged to pay by reason ofanch infringement at any time during the prosecution or after the completion of the work. In rase said equipment, or any an thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or part is enjoined, the Seller shall, at its own expense and at its option, either procure for the Producer the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment. ar modify it so it becomes n tainforging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make on assignment for the benefit of crediers, appoint a rectiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the purchase, without liability. 16. GOVERNING LAW. The defences of terms used or the interpretation ofthe agreement cad the rights cited Parties hereunder shall be construed under and governed by the laws of the Stare ofColomdo, USA. The following Additional Comlitions apply only in cases where the Seller is to perform wart hereunder, including the stokes of Sellers Represenatieds), not the premisra crackers. 17. SELLERS RESPONSIBILITY. The Seller shall cart, on said work al Sellers own risk until the same is fully completd ad accepted, mail shall, in case of any accident, destruction or injury to fie work andfor materials before Sellers fined completion and acceptance, complete fie work at Sidles own exPeme aM to the satisfaction of fie Purchaser. When mmerials and at,. are f mished by ofers for inallation or erection by tie Seller, fie Seller shall receive, wlod, store and handle same at fie site and beromm, responsible fieref fit as trough such materials on Nor equipment were being famished by the Seller under to order. is. INSURANCE. The Seller shall, at his own expert. provide for fie payment of workers cons achoune, including occupational disease benefits, to its employees employed on or in connection with the work msead by this purchase order, adfor to their dependents in accordance with the laws of the sae in which the work is to Is, done. The Seller shall also retry comprehensive general liability including, but cat limited to, continental and automobile public liability insurance with bodily injury and death limits of at least S30f000 for any one person, SSW." for any one accident and property damage limit per accident of S40LWd. The Seller shall likewise require his contractors, if any, to provide for such compensation and Insurance Befaa any of fie Sellers or his contractors employees shall do any work upon We premises of others, the Seller shall famish the Purchaser wit a certificate Out such compensation and insurance have been provided Such colonies shall specify the date when such compensation and insurance have been provided. Such cer ifica es shall speify the dam when such wmpenmion and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is compincd and accepted. 19. PROTECTION AGAINSTACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of my kind r nature wha¢oever to person or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of fie Purchasers officers, agents and employees from 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 act, anion, neglect, omission Or default On We pan 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, or its officers, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or mein offcers, agents or employees as aforesaid, the Seller hereby ogees to assume the defense hereof and to defend fie same at the Sellers own expense, to pay any and all costs, charges, aftomeys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or feir officers, agents or employees in such suits or office proceedings, and in case judgment or other lien be placed upon or obtained against fie 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 mine to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish had install all gnarls necessary for fie prevention of accidents, comply with all laws and regulations with egad to safety including, but without limitation, fie Occupational Safety and Health An of 1970 and all roles and regulations issued pormam fereto. Revised 03ft010