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HomeMy WebLinkAbout119105 DENVER INDUSTRIAL SALES & SERV CO INC - PURCHASE ORDER - 9141519Fort Collins Date: 03/12/2014 PURCHASE ORDER PO Number Page 9141519 1of2 This number must appear on all invoices, packing sli s and labels. Vendor: 119105 Ship To: STREETS DEPARTMENT DENVER INDUSTRIAL SALES & SERV CO INC CITY OF FORT COLLINS 850 S LIPAN ST 625 NINTH STREET DENVER CO 80223 FORT COLLINS CO 80524 Delivery Date: 03/11/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 24,000 LBS CRAFCO PLEXIMELT 1 LOT LS 12,480.00 AT $0.52/113 PER TERMS AND CONDITIONS OF MAPO 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 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. Tan e.mption. DY staNm the Ciry of Fon Collin is exempt f smm end local tmcs.Om Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Crnificam of Registry 84.6000582 is tegiaered with the Collector of Fail. of the Parcnaser as assist upon sun pert of Ne terms and conditions hnmf, failure or delay, to Internal Revenue, Deaver, Colorado (Ref. Colorado Revised Statutes 1923, Chapter 39-26, 114 (a). exercise my rights or mnedies provided herein or by law, failare N promptly cooly the Seller in the event of a broach, tar anceptance SIFF payment for goods hereunder or approval offe design, shall not release the Seller of Good R<jecmd. GOODS REJECTED due to failure to tracer specification, either when shipped or due to defects of any of the wm mar, or obligations of this purchase order and shall not be, deemed a waiver of any right of the damage in trout, tray be retuned to you for credit and are not to be replaced except upon receipt of wmen purchaser to inist upon strict performance here.for any of its rights or minutes as to any such good, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to coy prim or subuqurnt default hereunder, not shall any purported oral modification or remission of this purchase Omer by the Purchaser operate as a waiver of any of the mares Inspection. GOODS are subject to the City of Fon Collin inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, servicesr equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fiat C.Inas. H wrveq it is to be understood tbar FINAL Seller and the Purchaser recognize that in actual economicm practice, overcharges resulting from timusl ACCEI'1'ANCE is dependentupen completion ofall applicable required inspection procedures, violations are in fact four, by the Purchaser. I heretfi re,fagood cause and as rerniderutic. fur executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it tray now have or hercaner Freight Terns. Shipments most Ire F.O.R., City of Far Collins, 7W Woad St., For Collins, CO 80522, unless acquired under federal or stare antilmst laws for such overcharges relating to the particular goods or services otherwise specified on this Order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuam to this purchase order. bill must accompany invoice. Additional changes for packing will not be accepted. 13. PURCHASERS PERFORMANCE SELLERS OBLIGATIONS. ports in vmnparts ofthe shipment is ShipmentDistancethee.Whom manution no by a able to beagreed upon bythe Seller tacorectwnconfotmiagordability Iffeavoram dfromI expected from the rearms, distribution point to destintion, mJ excess freight will be deducted from Invoice when goo 1.dessrnbmi, and OF Putchaser and the Soler, and me Seller thetwRe indiates its inability Or meSell", a and comply. the Purchaser shipments art made from greater distance. pert eel by the mast expeditious .an available m it, and the Seller shall ryy, all may the work to ilabl, s it, Such ern aat.iamd with Sum work. asio Permits. Seller shall p. at Sellers sole cost all rteessary Famous, cernfates snd It. required by all applicable Uws, regulations, ordinances and Mies of the slate, municipally, territory or political subdivision where elm work is performed, or requited by any other duly coatimteJ public cot cony Raving jurisdiction over the work of vendor. Seller farther agrees to hold the City of eon Collins harmless from and again, an liability and loot incurred by them by reason of an assmed or established violation of any such laws, regulations, ordinances, ales and requirements. Authmizution, All ponies m this contract agree that the representatives are, in fact, bona fide and possess hill and omplem authority to bind said parties. LIMITATION OF TERMS. This Purchase Omer expressly limits acceptance m the terms and conditions stated herein sec forth and any supplementary or additional leans and conditions annexed hereto or incorporated herein by reference. Any additional or different reams and conditions prepared by seller are objected m and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASMG AGENT immedistrly if you cannot make complete shipment to amve oa your promised delivery date as noted Time is of the Swearer. Delivery and perfommce must be idbected within the time stated on the purchase order and the locumrn¢ attached heart.. No acts of the Puahasers inelufng, without limitation, acceptance ofpartial late delivenea shall operate n a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal rand meiiable remedies, the option ofplasung this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable fro damages as a result of delays due to causes not reasmubly fomecable which are beyond its reaeartable control and without to fault of negligence, Such acts of God, act, of civil or military aufontin, governmental liabilities, fires, scares, Born, epidemics, wars in riots provided that notice of the condition 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 dam of delivery shall be earended for the Had Weal to Be time actually lost by ..a of the delay. 3. WARRANTY. The Seller warrants that all good, articles, arterials and work covered by this order will conform with applicable drawings, specifications, Samples and/or other descriptions given, will be fit fro the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standard fur work of a miler nature. The Seller agrees to hold the pmcbas<r harmless from any lass, 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 o the purchaser, any defect, or faults arising within one (1) year or within Such longer period of time as may be prescribed by law or by the to. of any applicable wermnry, provided by the Seller after the date of acceptance of the goad ibmished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or nationals famished by the Seller . Acceptance or use of good by the Purchaser dull not emsstimm a waive, of any claim under this warrmry. Except. otherwise provided in this purchase order. the Sellers liability hereunder shall enmd to all damagrs pm arraely coused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE. SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser my make changes to legal term by %Film change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the arms. .,he, ban legal terms, including additions to or deletions from the pauntitirs originally madomd in the specifications or drawings, by verbal or written change order. 11 :my such change nnects the mtount due or the time ofperfatntance hereunder, an equitable adjustment shall be made. 6. 117 RMINATIONS. The Purchaser may at any time by women change order, tamtin or this agreement as to any or 311 portions of the good then not Shipped, subject to any equitable adjustment between the panics as to any work or arterials then in progress provided fro the Pruchoser shall not he liable for any claims for anticipated profits on the uncompleted portion of the goods mNor work, for incidcnul or reasequmfml Final and that no such Fdjustmen, be made in favor of the Seller with ¢sped m any goods which Fore the Sellers sondam stock. No such temdwtion shall al the Purchaser m the Seller Finny offefr obligation as to my good delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for edjustmen, taus, he asserted within rhirry (30) days from the date the change or mrmimtum is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants fat all good sold hereunder shall have been produced, Sold, delivered and famished in strict compliance with all applicable laws and regulations to which the good are subject The Seller shall execute and deliver such documents as maybe required to effect or evidence compliance. All laws and regulation required to be incorporated in agreement of this character are hereby irompea red herein by this relumner. The Seller agrees to indenmify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Stilts failure 10 comply with such law. 9. ASSIGNMENT. Neither parry shall resign, border, or convey this order, or any monies due or in became due hereunder warrant the prior written consent offe other parry. 10, TITLE. The Seller wurM.0 full, clear and unnumbered title to the Purchaser for all equipment, arterials, and items burnished in prof nce of this agreement fire and clan of my and all diem, resunian, reservation, sectt'ry interest encumbrances and claims ofofers. The Seller shall release Be Feminist, and its amraaors of any For from all liability and claim of any mire esulting farm the perfommnce ofsurh work. This release shall apply even in the event of fault of negligence of the party released and shall extend m the directors, officer, and employees orsuch party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such walk is performed or caused,, be pe[ormed by the Purchaser. H PATENTS. Whenever the Seller is munired to we any design, device, material or process covered by letter, paid. trademark or apyngM1t the Seller shall indemnify and save hamless the Purchaser farm any and all claims for infringement by react®r of the use of such patented deign, device, mammal or process in connection with the contact, and Shall indemnify the Purchaser far any cost, rxpeue or damage which it may he obliged m pay by moron of orth 'infringement at any time during the parseculion or after Be completion of the work. In case said equipment, or my pan thereof or the Intended use of the goods, is In such .it held m ..a.. infringement and the use of Said Wuipment or part is enjoined, the Seller shall, at its own capital and at its option, either procure for the Patentee, the Fight as continue using said Wuipmmt or parts, replace the same with substantially Waal but n.ninfringing Wuiprons, Or modify it a it becomes commingling. 15, INSOLVENCY. If the Seller shall became insolvent err b Mpt make an assignment for the benefit of ereditors, appoint a receiver or trustee far my of the Sellers property or business, this under may forthwith be canceled by the Parental without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the rights of all panics hereunder Shall be ontfued under and governed by the laws afthe State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the Services of Sellers Represenmtive(s), on the premises of others. It. SELLERS RESPONSIBILITY. The Seller Shall Ferry on Said work at S<Ilels own risk until the same is folly completed and accepted, and shall, in case of any accident destruction or injury to the work maker materials before Sellers final completion Ford reembrna, complete the work at Sellers awn expense and to the satisfaction of the Purchaser. When arterials and Wuipment are fumishnd by others for installation or erection by the Seller, the Seller shall receive, unload, sure and handle same at the sire and became responsible therefor as though men .,crisis aordsm Wuipmmt were bei.,famished by the Seller underthe order. IS. INSURANCE. The Sello, Shall, at his own expene, parvids for the paym m of workers compensation, including comianimal disease bmefiu, 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 sure in which the work is to be done. The Seller shall also carry comprehersive general liability including, but not limited to, continental and automobile public liability insomnce with bodily injury and death limits of at least $300,000 for any one Person, S5111 dma 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 in e. Before any of the Sellers or his contractors employees shall do any work upon the premises of othhers, the Seller shall fiunish the Purchaser with a certificate that such compensation and announce have been provided. Such certificates shall specify the data wbell such compensation and in.nce have been provided. Such certific um shall specify the date when such compensation and insomnce expires. The Seller agar than such ampasation and insurance Shall be arimined ..,it aver the .tire work is completed and aaep,N. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire respotsei ebty, and liability fro my aed all damage, loss an injury army kind or mum wha over m Ferman or prolsmy caused by or resulting farm the execution of the wmk provided for in this purchase order or in connection herewith. The Seller will indemnify and hold forrnless the Purchaser and my o all of the Purchasers oDicers, agents and employ., from and agairst my and all claim, losses, damagm, changes or expenses, whether direct or indireer, and whether to persons Or property in which the Purchaser my be put or subject by reason of my act, action, neglect, omission or default on the pan of the Seller, any of his on corns , so any, of the Sellers Or rumbarow, aHicers, agents or employees. In case any suit or other proceedings shall be brought against the Purchases or its officers, agents or employees in my line on account or by reason of my act action, neglect, omission or default of the Seller of my of his comrazmrs or any of its or their officers, agents or employees S aforesaid, the Seller hereby agrees in assume the defense thereof and 10 defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgmen6 that my 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 property of the Purchaser, or said ponies in or OF a result of such suits or other proceedings, the Salle, will at once cause the same to be dissolved Ford discharged by giving band or mherwise. The Seller and his contractors shall Like all safety precaution, furnish and install all guards necessary for the prevention of accidents, amply with all laws and regulations with regard to safety including, but without limitation, the Ocapattonul Safety, and Half An of 1970 and all rules and regulation issand pursumr thereto. Revised Wall10