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HomeMy WebLinkAbout111360 GRAINGER INC - PURCHASE ORDER - 9141877Fort of Date: 04/03/2014 Vendor: 111360 GRAINGER INC 4531 INNOVATION DR FORT COLLINS CO 80525-3406 PURCHASE ORDER PO Number Page 9141877 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS CO 80524 Delivery Date: 04/03/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 INV 9330121386 ;''lir' P14 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 5,853.96 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 L COMMERCW.DETAIIS. Tax exemptions. By statute the City of Fun Collins is exempt boom state and local taxes. Our Exemption Number is 98-045D3. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of leacmal Became. Denver, Colorado (Her Colorado Revised Statutes 1973, Chapter 39-26,114(a). Goods Rejected. GOODS REJECTED due to failure to meet spair,ediw s. either when shipped Or due to defects of damage in transit may m returned to you for credit and are not to be replaced except upon receipt of written instructions from the City of Fort Collios. hadaction. GOODS are subject to the Ciry airport Collin inspection an radical. Final Acceptance. Receipt of the merchandise, service, or nctuipmend in rnpane to this oMe, can result in amhorized payment on the pan of the City of Fun Collin. However, it is to he understood that FINAL ACCEPTANCE is depeadem No completion of all appliable required inspection procNurts. Freighd Terns. Shipments must be F.O.B., City of Part Collins, 700 Wood St, Fun Collins, CO 80522, unless otherwise specified on this order. N permission is given to prepay freight and charge separately, the original freight bill most recomonnv invoice. Additional charges for Packing will not be accepted. Shipment Distance. Where complamnrers have dimibuting Points in various pan of the coitry, shipment is expected from be nearest distribution point to branches, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cost all mceavry permits, certificates and licence requited by all applicable laws, regulation, ordinances ad roles of the Mile, municipality, crthory be potitlexl subdivision where the work is performed, or required by any other duly constituted public authority havingjurisdictian trot the work of vendor. Seller further agrees to hold the City of Fort Collins harmless (ram and against all liability and loss incurred by them by reason of an lessened of established violation of any such laws, regulations, ordinances, roles mud requirements. Anabolism., All parties to this contract agree bar the representatives are, in fact, bon fide and possess full and complete avrhority In bind said ponies. LIMITATION OF TERMS. This Pruchase Order expressly limits acceptance to the teen and condition stared herein set foM and any supplementary or additional terms and conditions annexed hereto or incopomted hertin by reference. Any additional or different terms suit condition proposal by seller are objected to and hereby rejectd. 3. DELIVERY. PLEASE ADVISE PURCHASING AGENT unanticipated, if you cannot make complete shipment to alive oa y or promised delivery date as noted. Time is of the essence. Delivery, and performance must be effected within the time stored on the purchase order and the documents attached harem. No acts of the Purehuers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to offer legal arll equitable remdma, the option ofpla,ie, this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damage as a result of delays due to expos not reasonably foreseeable which are beyond its rtasowble control and without its fault ofnegligence, such aoa of Gock as of civil or military authorities, gmemmmbl pdoe d.,f s, strikes, Roof, epidemics, wars or riots provided that notice of the condition caning such delay is given to the Fumhum within five (5) days of be time what the Seller first received knowledge Nereff In the event of My such delay, the dam of delivery shall be sanded for the peril equal to the time acnrally lost by sown i fthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will carbon with applicable drawings, spai cations, samples and/or other descriptions given, will be ❑t for the puMmes intended, and performed with be highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the pmclaser harmless from any Ins, damage or expense which the Purchaser may suffer or mouton account Of the Sellers breach of wmry. nThe Seller shall replace, repair or make good, without cost to the purchosea any defects or faults arising within one (H year or within such longer period of time as may be Fossedal by law or by the teen of my applicable warranty provided by the Seller after the date of acceptance of the goods f ishal hereutrder (azaptarm root to he ...My delayed), resulting from imperfect or defective work done or, materials famished by the Seller. Accepauce or use of good by the Pamhaser shall or constitute a waiver of any claim under this wamnty. Except as otherwise provided in this purchase order, be Sellers liability hereunder shall extend to all damages proximately tonged by the breach of any of the foregoing warranties or guarantees, but such liability shall in as event include loss of profits or loss of me. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL PERMS. The Purchaser may make changes to legal teen by wdmen change order. 5. CHANGES W COMMERCIAL TERMMS. The Purchaser may make any changes to the rem¢, other Nan legal It—, including wif itios to or delttions from the quantities originally ordeeed in the specification or drawings, by s'efal or wnnm change order. If any such change atemb, be amount due or the lime oflorf ante herwndm a a equitable adjustmmt shall be made. 6. TERMINATIONS, The Purchaser may at my lime by written change order, termime this agreement as to way or all portions of fe goods then not shipped, subject to any equitable adjustment between the panics as to any work or expands then in progress provided that the Purchaser shall not be liable for any claims for anticipared profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and but no such adjustment be, made in favor of the Seller with respect many goods which are the Sellers saMard stock. No such oprome oar shall relieve the Purchaser or the Seller ofany affair obligation as many goods delivered hereuMer. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment rand he lessened within bass (30) days from the date the change or terniention is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in sect compliance with all applicable laws and regulations m which the goork are o bjat. The Seller shall execute end deliver such documents as may he requital to effect or evidence compliance. All laws and regulation required m be incorporated in agreements of this character are hereby incorporated heroin by this reference. The Seller agrees to indemnify not hold the Factual harmless from all cash eed damages suffered by be Purchaser as a result of be Sellers failure to comply with such law. 9. ASSIGNMENT. Neither Party shall assign, tmusfer, or convey this order, or any monies due or to become du<hereunder without be prior wrinen combat ofee other parry. 10. TITLE. Thc Seller wamnrs full, clear vad wour ricad all to the Purchaser for all equipment, materials, and items famished in Performance of this agreement, free and clear of any and all liens, restrictions, reservation, security interest mcambrancn and claims of others. 11. NONWAIVER. Failure of the Purchaser to most upon strict Performance of be terms and conditions hereof. failure or delay to roprom me any rights or redies provided hall or by law, failure to promptly notify the Seller in the event of bowell, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of any of the wamnties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchewr to inset upon strict performance hero for any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, in to any prior or subsequent default hereurdes, nor shall my puryoted oral modification or rescission of this purchase order by be Purchaser operate as a waiver of My of the tame hereof. 13. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognire that in actual marimpoo practice, overcharges resulting (ram antitrust violation arc in fact home by the Purchase, Theretofore, for good rouse and as broadcasting for executing this purchase who, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services purchased or acquired by the Puahaser pursuma to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date m be agreed upon by the Purchaser and the Seller, and the Seller therea0er indicates its inability or unwillingpess or comply, the Purchaser may cause the work to he perfomed by the mast expedition an. available to it, and the Seller shall pay all eats armor ed with such work. The Seller shall release the Purehuur and its comramwrs of My, net form all liability and claims of any nature cinching from be perfommace dowh walk. This release shall apply even in the event of fault of negligence of the parry released rod shall extend to the directors, ofticas and employees of such party. The Seller's commercial 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 practiced to use any design. Mice, material or process covered by Inver, patent, trademark or copyright, the Seller shall indemnify and save harmless the Football from any and all claims for inGngement by reason of the ne of such patented design, Mice, material or process in coiection with the compact, and shall indemnify the Purchaser for My cost, expense or damage which it may he obliged In pay by ¢awn ofsuch infringement at any time during the pro erosion or after the campletion of the .,it. In case said equipment, or any pan 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, re its own expense and at its option, either procure in, the Purchaser the right in continue using said equipment or pats, replace the same with substantially equal but noninfringing equipment, or mdi ry it so it becomes vorrinMnging. 15. INSOLVENCY. If the Seller shall become insolvent at bankrupt, make an assignment for the benefit of creditors, appoint a prociver or untee for any of the Sellers Property, fortiori business, this order ay fohe cannled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftenos used or the interpretation ofNe agreement and the rights of all patties hereunder shall be conatmed under and governed by the laws of the State of Colorado, USA. The following Additional Condition apply only in rases where the Seller is to Perform work hereunder, including the services wilellers Repressniive(s), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers awn risk until the same u fully completed and azceptal, and shall, in case of any accident destruction or injury to the work anYor materials before Sellers final completion aM ecttptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same al the it, and became responsible therefor as though such mppards pane equipment were being famished by the Seller under the ardor. I B. INSURANCE. The Seller shall, at his own expense, provide for be payment of workers compensation, including occupational disease besu fts, to its employees employed on or in commeeton with the work covered by this Pedrosa Mitt, consist to their dependents in accordance with be laws of the slate in which the work is to he dome. The Seller shall also cape, comprehensive general liability including, but rot limited to, mno-andeal and automobile public liability insurance with bodily injury and death limits wf at least S300,000 for my one person, 5500,000 for any one accident and property, damage limit per accident of Sgff( . The Seller shall likewise require his commorpons, if any. to provide far such compensation and insurance. Before any of be Sellers or his contracmrs employees shall do any work upon the premises of others, be Seller shall famish the Purchaser with a ci tifiwm thin such compensation and insurance have been provided. Such certificates shall specify the dale when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until oiler the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the enrire responsibility and liability for any ard all damage, It or injury i f any kind or opium whatsoever in person or property caused by or resulting from be execution office work provided for in Nis purcluse order or is emanating berewib. The Seller will indemnify am hold harmless be particular and any r ell of the Purchasers i ffcers, agenh and employces from and against any and all claims, loses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which be Purchaser may m put or subject by reawn of my act, action, neglect omission or default oa be pat of the Seller, any of his contraclors, or any of the Sellers or contractors oticeq agents or employees. In case My suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by sawn of any act, action, neglect, omission Or default of be Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, be Sella hereby agrees to assume be defense thereof and in defend the same at be Sellers own expense, to pay any and all costs. Overges, almmeys fees and other expends, any and all judgmets bat may be incurred by m wbhawd against the Purchaser art any of its or their officers, agents or employees in such suite or other proceedings, and in rase jdgmmt mother lien he placed upon or obtained against be property, of be Pwxhncr, or said ponies f or as a result of such suits or other peocediags, be Seller will at once muse be same to be dissolved and discharged by giving bond or otherwise. The Seller and his comrecion shall hake all safety Interactions, fish and install all girds n veswry for be prevmtion of accidents, comply with all laws and regulation with mgard to safety including, but without limitation, be Occupational Safety and Health Aid of 1970 and all roles and regulation coined pmsuanr thereat. Revised 03n010