HomeMy WebLinkAbout404523 MSDSONLINE - PURCHASE ORDER - 9140380 (2)Fort Collins
Date: 07/01/2014
Vendor: 404523
MSDSONL-INE
350 N ORLEANS SUITE 950
CHICAGO IL 60654
PURCHASE ORDER
PO Number Page
9140380 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: RISK MANAGEMENT DIVISION
CITY OF FORT COLLINS
215 N MASON, 2ND FLOOR
FORT COLLINS CO 80524-4408
Delivery Date: 01/14/2014 Buyer: PAUL, GERRY
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 MSDS Online 1 LOT EA 450.00
Add Funds Dues 8 Subscription
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.wrn
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. COMMERCIALDETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is
98-04502. Federal Facile Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of
loomil Rmenur, Denver. Colorado (Ref. Colorado Revised Scha ea 1973, Chapter 39-26, 114 had.
Good Bejaded. GOODS REJ ECFED due to failure to nice specifications, either when shipped or due at defects of
damage in transit, may be returned to you for credit and are not to be replaced except .,on receipt of written
mstruclions from the City of Ton Collins.
Inspection. GOODS are m1pan 1. tie City of Fiat Collins inspection oa consul.
Final Amepmner. Receipt of the merchandise, services or equipment in response to this order can result in
ambonsd payment an the pan of the City of Fort Collins. However, it is m be understood that FINAL
ACCEPTANCE is dependent upon mmpleion of all applicable required inspection proccduses.
Freight Terns. Shipments must be F.O.B., City of Fort Collins, 700 Wood St, Pon Collins, CO 80522, unless
otherwia specified on this coder. If permission is given as prepay freight and charge separately, the original freight
bill must accompany invoice. Additional charges for packing will not be compiled.
Shipment Distance. Where manufacturers have distributing paints in various plans of the country, shipment is
expected from de [[cereal dlskinalum point to destruction and excess freight will be deducted from Invoice when
shipments are made from Bremer distance.
Permirs. Seller shall procure at tellers It tun all noun rry permits, embficates and it.. requited by all
applicable laws, ...fari.,., odinances and roles of the slate, mnnicipeloy, territory or puldial subdivision where
the work is performed, or required by any other duly constituted public authority having jurnalirtion over the work
of vendor. Sell let further agrees to hold the City of Pon Collins harmless from end .,aims all liability and loss
incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rates
sad regnmements.
Auluroxioian. All parties to fie eant.d agree that the representatives are, in final, bona fide and possess lull and
complete autMdry to bind said p rmms.
LIMITATION OF TERMS. This Purchase Order expressly limits temperature to the teen and cunditiou stated
herein sed forf and any supplementary or additional moms and conditions annexed hereon or incoryomted herein by
reference. Any additional or dilibrat terns and conditions proposed by seller are objected to and hereby rejecled.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately If you cannot make complete shipment m wave on your
promised delivery date as noted. Time is of rile essence. Delivery and performance must be efterted within the lime
stated on the purchase order and the documents altxhed herein. No acts of the Purchamrs including, without
limitation, acceptmce of partial Irate deliveries, shall marm as a waives of this provision. In the cent army 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 for damages. Hawevea the Seller shall not be liable for damages as is result of delays
due to causes not reaanably foreseeable which are beyond in mawnable control and without its fault of negligace,
such uets of God, ads of nee or military drumnow, govenrmerml priorities, fins, stakes, flood, epidemics, were or
nuts provided that notice of the conditions causing such delay is given to the Purchsser within five (5) days of the
rime when the Sella fans received knowledge thereof. In the event of any such delay, she dam of delivery shall be
extended Ira the period equal to the time acwally lost by rcaan of the delay.
3. WARRANTY.
The Seller warrants that all good, articles, materials and work covered by this occur will conform with applicable
drawings, sir cif tions, samples and/or other da riptions given, will M fit for the purposes mlended, and
Performed with the highest degree of can and compliance in accordance with accepted standard for work of a
similar nature. The Sella agrees to hold the pnmhaser harmless main any loss, damage or expena which the
Producer may sulTer or i.e., on account of the Sellers breech of waaanry. The Seller shall replace, repair or make
good, without cost to the pmchaal, any defects or faults easing within one (1) year or within such longer period of
time u may at prescribed by law or by the terms ofany applicable weoanry provided by the Seller after the date of
commerce cribs good famished hereunder, (acceptance not an be unnraanably delayed), resulting from imprzfect
or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall nor
creature a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers
liability hommnder shall extend to all damages proximately caused by the breach of any of the foregoing wanaaties
or guarantees, but such liability shall in no event include loss of prefix 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 temp by written change other.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the occurs. that than legal 4ms, including additions to or deleinna main
the quantities originally occemJ in the specific fiom or drawings, by verbal m writers change order. If any such
ha cnge alTecb she amomn due .,,he time of pt nee erhereunder, an equitable adjuument shall as made.
6. TERMINATIONS.
The Pitchman may at any time by written change over, lerminms this agreement as to any or all poflims, of the
goods then lam slipped, subject to any ashme adjustment between the panic or to any work or materials risen in
progress provided that the Purthaser shall trot be liable for any claims for anticipated profits on firs, uncompleted
portion of fe goods ardor work, for incidental o onea ernial damages and fsrm at no such whi at but made in
faro, of nee Stile with respect to any floods which... theSellers standard Sellestandard stock. No such muninatimt shall relieve
the Purchuer or the Seller artery oftheir obligations as to any gawk delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be assured within thirty (30) days from the date the change or lamination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants fro all good sold hereunder shall have them, produced, sold, delivered and famished in said,
compliance with all applicable laws and regulations o which the goods are subject. The Seller skill execute and
deliver such dacumems as may be required to effect or evidence compliance. All laws and regulations required to hi
incorporated in agreements of this character are hereby incompommd herein by this reference. The Seller agrees to
indemnify and hold the Purchsser harmless fmm all cock and Atttnages suffered by the Purchaser in a result of the,
Sellers failue to comply with such law.
9. ASSIGNMENT.
Neither party shall assign trial or convey this order, or any monies due or to become due hcretuukr without the
prior written consent of the other parry.
10. TITLE.
The Seller warrants full, clear and uruestrkmd title to tie Purchuer for all equipment materials, and items fumished
in prrfomaame of this agrecmem, fee and 0— of any mad all liens, reactions. resensliom, secmiry interest
encumbrances and claims of others.
11. NONWAIVER.
Failure of the Purchaser to insist upon fain perfonnence ofthe terns and conditions hereof, failure or delay to
any rights or remedies provided herein or by law, failure 10 postal notify the Seller f the event of a
breach, recepiena ofor payment for good hereunder or airports] of the design, shall act releaze the Seller of
any of the warranties or obligations of this purchase order and shall lam be deemed a waiver of any right of the
purchaser to insist no start performance hereof or any nfit, rights or remedies as to any such good, regardless
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purymted
oral modification or rescission of this purchase or by the Purehuur operate as a waiver of any of the terms
hereof,
12, ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser rerumph r that in actual exis pmetice, overcharges resulting fmm aniitrnst
violations are in her Force by ate Pushasn. Themof nes, for goad cause and for consideration for executing this
pumhaa order, the Sella hereby assigns to the Purchaser any and all claims it may now have or hereafter
acquired under rude.] or shoe antitmst laws for such overcharges relating to the particular goods or services
purchased or acquired by the Purchuer pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to correct nonconforming or defective good by a date to Im agreed upon by the
Purchaser and the Seller, and the Seller thereafter indicates its inabl try or unwillingness to comply, the Purchaser
may cause the work to be performed by the most expldamax means available to it, and the Seller hall pay all
casts assacimcd with such work.
The Seller shill release the Pumhuer and its tommdors of any tic from all liability and daims of any nature
resulting from the performance of ach work.
This release shall apply even in the event of fault of negligence of the party released and shall extend as the
direators, otfrm and employees ofsuch parry.
The Seller's contractual obli,mimn, including warranty, sball not be deemed to be reduced, in any way, because
such work is performed or caused to be perfom lad by the Pam ul
14. PATENTS.
Whenever the Seller is required muse any design, device, inamdtd or process covered by letter, patent, trademark
or copyright, the Seller shall indemnify and save hnmdeas the Purchaser ttom any and ell claims for inGmgement
by reason of the use of such planted design, device, materiel or process in connection with the orates, and
shall indemnify the Purchaser for any call, expense or damage which it may be obliged to pay by transient of such
infrmwara m at any lime during flee p wexammir or afar the completion of the work. In case said equipment, or
any pan thereof or be intended use of the goods, is in such suit held to constitute infringement and the use of
said equipment or pan is calcined. the Seller shall, at its own expense and at its option, either procure for the
Puchaser the right to carriers using aid equipmat or pang replace the same with substantially equal but
mismanaging equipment, or modify it so it becomes noninfdnging.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of crediors, appoint a
matter, or trustee for any of the Sellers property or bosismi. this over may foMwith be anreled by the
Purchaser without harshly.
16. GOVERNING LAW.
The defnhlew ofit. used or tie a erpremtion ofthe agreement and the rights of all panic heremuler shall be
couvued wdar and governed by the laws of the Starr arColomdo. USA.
The following Additional Conditions apply only in where he Seller is to perform work hereunder,
including the services of Sellers Reprma na tirds), on thecapas
premises of others.
17. SELLERS RESPONSIBILITY.
The Seller shall cart, oa aid work at Sellers awn 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 Sellers final completion and
cceptmme, complete the work at Sellers own expense and to the satisfaction of the Puchaer. When materials
and equipment am fmished'by others for installation or erection by the Seller, the Sella shill receive, unload,
store and handle are at the site and become responsible ferefor as though such materials anmpor equipment
were being famished by the Seller under the order.
18. INSURANCE.
The Seller shall, at his own ex,Nw,, provide for the payment of workers ampenvanon, including occupatioaal
diaax benefits, b its employees employed on or in connection with the work averts by this pnrehim over,
and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller
shill elm troy comprehensive general liability including, but not limited to, contractual and anmommile public
liability insurance with bodily many and death limits of at least S300L000 for any one person, S500,000 for any
com occident and property damage limit per acWent of 5400,000. The Sella dull likewise require his
immmrtors, 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 croakers, the Seller shall famish the Purchaser with a cmifcate
that such compensation and customers have been provided. Such certificates shall specify the data when swim
compensation and insurance have been provided. Such rertificates shall specify the date when slash anmpenarion
and insurance expires. The Seller agrees foot such ampemwfon and iasmaee shall nd m and ined a mil -flat the
.tire work is reculAs il and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the alire responti ftV and liability for any aad all damage, loss or injury I fany kind
or vture whomever to persons or prepMy caused by or resulting from the execution ofdae wort: provided for in
this morhaa order or in connection herewith. The Seller will indemnify and hold hmmless the Pmrchuer end any
r all of the 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 reaoa of any act, action, neglect, omission or default on the pan of the Seller, any of his
examines, or any of the Sellers or contactors officers, agents or employees. In case any suit or other
proceedings shill be brought against the Pwchaer, or its officers, agents or employees at any time on account or
by rcaan of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or
their officers, agents or amplayern as aforesaid, the Seller hereby agrees to assume the defense great and to
defend tie same at the Sellers own expense, ao pay any and all roars, charges, ourcu s fees and other expenses,
any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officer,
agents or employees in such its or other proceedings, and in case judgment or other Into be placed upon or
obtained against the property of the Purchaser, or said panics in or as a result of such suits or other proceedings,
tie Seller will at once sues the are to be dissolved and discharged by giving bond or ofenvise. The Seller and
his conbamors shall hake all safety preeamions, f ail and install all guard necessary for the preemion of
accidents, comply with all laws and regulations with regard to safety including, but without limitation, tie
Occupational Safety and Health Act of 1970 and all roles and regulations issued pursiond thereto.
Revised 03n010