Loading...
HomeMy WebLinkAbout383935 LIGHTLY TREADING INC - PURCHASE ORDER - 9141623PURCHASE ORDER PO 141623r Page C117/ of PURCHASE 9141623 ' of 2 ' `t Collins Ins This number must appear ` v ` on all invoices, packing sli s and labels. Date: 03/18/2014 Vendor: 383935 LIGHTLY TREADING INC 4303 BRIGHTON BLVD BLDG 3 DENVER CO 80216 Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 03/18/2014 Buver: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 EDUCATION & TRAINING SERVICES 2014 HOME EFFICIENCY PROG 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 102.772.50 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 same, the City of Fan Collins is exempt farm sate and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Cmificate of Registry 84-6000587 is registered with the Collector of loan l Revenue, Denver, Colorado (Ref Colorado Revised Some, 1973, Chapter 39-26, 114 (a). Good Rejected GOODS REJECTED due to failure to meet specifications, either what shipped or due to defects of damage in transit, may be reamed to You for credit and are not or be replaced except upon receipt of writer instructions farm One Ciry of Fod Collins. Inspection. GOODS are subject m the City affair Collins hapection m amval. Final Acceptance. Receipt of the merchandise, services Or ryminatet in response to this order an result in understood paymrnl on the pat of the City of Fan Collim. However, it is to be uMersroud that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection praedmes. Freight Terms. Shipments most be F.O.B., City of Fan Collins, 7W Wood St, Fort Collins, CO 80522, unless Otherwise specified on this older. If permission is given or prel freight and charge separately. the original freight bill ansl accompany immice. Additional charge for pxking will nit be accepted, Shipment Distance Where manufocturers have distributing points in various pans of she country, shipment is expected tram the nwrest distribution Point to destination, and excess freight will be deducted from Invoice when shipments are nude from grema distance. Permits. Seller shall procure at sellers sole cost ell necessary permits, certificates and licenses minimal by all applicable laws, regulations, ordinances and rates of the state, municipality, territory or political subdivision where the work is remained, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fan Collins harmless from and against all liability and loss incurred by them by reason of an awned or established violation of any such laws, reguletions, ordinances, ales and requirements. Authorisation. All panics m this cantnmt agree that the representatives we, in fact, bona fide and possess full and complete authority to hind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance m the terns and conditions stated herein set font end any mpplemenary or addltional terns and conditions annexed hereto or incorporated herein by reference. Any additional or different temp and conditions purposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery date as noted. Time is offer essence. Delivery and performance must be of heal within the time small on the purchase order and the documents attached hereto. No acts of me Purchasers including, without limitation, acceptance id partial Ire deliveries, shall operate as a waiver ofthis provision. In the event Ofmy delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable fir damages However, the Seller shall not be liable for damages to a result of delays due m causes at reasonably fotaxable which am beyond its reasonable control and without its four of rtegligrnce, such acts ofGwJ, acts ofeivil or military authorities, goveremenal priorities,! , strikes, Bond, epidemics, wars or riots provided that notice of the conditions musing such delay is given to the Purchaser within five (5) days of the time when the Sella Gm received knowledge tremor. In the went of my such delay, the date of delivery shall he extended for the period equal to the time actually lost by reamn argue delay. 3. WARRANTY. The Sella warrants Out all good, amides, materiels and work coveted by this Oder will con. with applicable drawing, sponficarions, samples .Nor other descriptions given, will be fit far the Puryaus inteadd, road performed wild me highest degree of care and enmpdenm in acmNance with acepred standards for work of a similar amurc. The Sella agrees to hold the purchaser harmless Gum any loss, damage or expense which We Purchaser duty stuffier or inea an ..a., of the Sellers breach ofwani The Sella shall replace, repair or make good, without cart to the purchaser, any defects or faults raising within one (I) year or within such longer period of rime s may be prescribed by law or by the term of any applicable warranty provided by the Seller all the date of .ap. of the goods famished hereunder (acceptance not m be umraorably delayed), vaulting farm barraged or dcfative work done or materials famished by the Sella. Acceptance or sea of good by the Purchaser shall not onetior e a waiver ofmy claim under this warranty. Except as otherwise povided in this purebau order, the Sellers liability hereunder shall extend to all damago proximately caused by me breach of my of the fovegoing warmth or gmrantees, but such dial it Ity shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by wrtm change older. 5. CHANGES IN COMMERCIAL TERMS. The Pumhoser may make any changes to the tams, other than legal terms, including additions to or deletions from the quantities originally ordered in the sp.i licalions or drawings, by verbal or wrimen change order. If any such change affects the amount due or the time ofperfinamem hereunder, an equitable i dj stment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change older, asainare this agreement as many or all portions of the good then a., shipped, subject to any equitable adjustment between the parties res to any work or materials then in progress provided that the Purchaser shall not he liable for any claims for anticipated profits on the uncompleted portion of the good andor work, for incidental or consequential damages, and deal no such adjustment be made in favor of me Seller with respect o my goods which arc rise Sellers standard stock. No saM1 termirutioa shall relieve the Purchaser or the Seller efany ofineir obligations as to any good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days farm the dam the change or temtitation is oldcred, 8. COMPLIANCE WITH LAW. The Sella warrants that all goods sold hereunder shall have been produced, sold delivered and famished in stria compliance with all applicable laws aad regulations to which the god am initial- The Seller shall execute not deliver such davmmts as nay he required to effect or evidence..plt., All rows and regulations required to be incorporated in agreements of this chmacta nee hereby incorporated herein by this reference. The Sella agrees a indemnify and held me Purchaser harmless farm all costs aad damages suffiad by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this older, in my monies due or to become due hereunder without dre prior women commt of the otter parry. It. TITLE. The Sella warrants, full, clear and unrestricted title a the Purchad far all equipment, rmlerials, and items famished in pa fim um of this agreement, free nad clear of my and all Item, mor ctias, meav tin e, martini, intern, mcumbmnces and claims of others. 11. NONWAIVER. Failure of the Purchaw n li insist upon strict performance of the terms and conditions hereof, failure or delay or any rights or remedies provided herein or by law, failure to promptly notify she Sella in the went of a breach, exercise acceptance ofor payment for goods hereunder or apparent] ofthe design, shall not releae the Sella of any of the warranties or Obligations of this purchase order and shall not be deemed is waiver of any right of me purchawer to insist upon strict performance hereof or any of its rights or remedies as to my mill goods, regardless of when shipped, received or accepted, to no my prior or sab ammo default hemundm most shall any garlanded oral mdiiatiou or racission or this p rcho we order by the Purchaser operate an a waiver of any of the terror Flood. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purcluwer recognise that in xaal economic practice, overcharges resulting farm amimnt violations arc in feet borne by the Purchases. Theodora , far good muss and. consideration far executing this purchase tamer, the Sella hereby assigns to the Purchaser my aad all claims it may now have or hereafter acquired under federal or sale antitrust laws fa such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant to Be, parchow order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Furchasa directs the Sella to comet nonconforming or defedve goads by s date to be agreed upon by tee Purchaser and the Sella, and the Sella thereafter indicates its inability or unwillingness to comply, the Pureeuer may calve the were to be performed by the most expeditious meow mailable to it, aad the Seller shall pay all costs usocinted with such work. The Sella shall release the Purchaser and its contractors of any her farm all liability and claims of any nature resulting from the performance of such work. This release shall apply even to the event of fault of negligence of the parry released and shall extend to the directors, oRar, and employees of such party. q'he Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in my 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, parent, trademark or copyright, the Seller shall indemnify and save harmless the purchaser farm any and all claims for infringement by rennin of the use Of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaer for any are, expense or damage which it may be obliged in pay by rmson of such infringement at any time during the prosecution or after me completion of the work. In case said equipment, or any pan Ili erenf or the intended use of the good, is in such suit held to camtiate infringement and the use of said equipment or pot is enjoined, the Seller shall, at its awn expense and w its option, either procure for the Purchaser the right to continue using said quipment or parts, replace the same with substantially amid but naninfringing Wuipmrnt, or modify it so it becomes mninGnging. 15. INSOLVENCY. If the Sella shall become insolvent or bankrupt, make an mail event for the benefit of creditors, appoint a or .1. for my of the Sellers property, or business, this order may forthwith be maeled by the Purchaser without liability. 16. GOVERNING LAW. The defnitionts of terms used or the intrtprdetion of the agreement sad the rights of all ladies hereunder shall be comwed under and ginvcmd by the laws ofdo State afCoimunk, USA. The following Additioad Conditions apply only is cases where the Seller is m perform work hereunder. including the services ofsellers Rpoesenceive(s), on tha premises o(omers IT. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and nominal, and shall, in case of any accident, destruction or injury to for work mNor materials before Sellers foal completion and acceptation, complete the work at Sellers awn expense and a the asmetion of the Pechad. When materials and equipment are f ishad by others for installation or erection by the Seller, the Seller shall receive, unload sire end handle avert m me he and became responsible therefor as though inch materials mull equipment was being famished by me Seller under the order. IS. rNSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including Occupational disease benefits, to its employees employed an or in connection with the work covered by this purchase older, and/or to their dependents in accordance with the laws of the sate in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to. contactual and automobile public liability insurance with bodily injury and death limits of m least $300,000 for any one person, $500,000 for any e accident and property damage limit per accident of $400,000. The Seller shall likewise examine his 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 shill tumlsM1 me Purchaser with a eenifeata that such compensation and insurance have been provided. Such cerificates shall spocip, the date when such compensation and insurance have ban provided. Such certificates shall specify the date when such compermatiun and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and trampler. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the more respomibiliy and liability fer any and all damage, lass or injury of any kind or warm whatsoever to persons or property caused by or owulling from me execution of He work provided for in this purchase ardor or in connection herewith. The Seller will indemnify and held homeless me P rehaser and any or all of the Purchasers slicers, agents and employees farm and natural my and all claims, losses, damages, charges or expenses, whether direr or indirect, and whether to person or property to which the Purebaar may be pm or subject by reason of my act, action, neglect, omission or default an rise Pan of me Seller, any of his contractors, or any of the Sellers or andr.tors officers, agents or employees. In case any suit or other proceedings shall he brought against the Purchaser, or its officers, agents or employees at any time on wasum or by rewind of my act, action, neglect, omission or default of the Sella of my of his co memen or any of its or their oficas, agents a employees as of vied the Selles hereby agrees to assume me defense thereof and to defend the same at the Sellers own expense, to pay any aad all casts, Barges, artari fees and other expenses, any aad all judgments that may be incurred by or obtained agphut the Purchaser m may of its or feu oficm, agents or employees in such suits or Omer p rsom drags, and in case judgment Or other lien be paced upon or obtained against the property of me Purchases, or said parries in or as a a sWl ofsuch suits or other proceedings, the Sella will at oae muse the same to h i isselved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precaution, famish and install all guards necessary for the prevention of accidents, comply with all awn, and regulations wins regard to safety including, but without limitation, the Occupational Safety and Health All of 1970 and all ales and reguhnias wood ptoamed thereto. Revised (DOOR)