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HomeMy WebLinkAbout111360 GRAINGER INC - PURCHASE ORDER - 9140463 (4)Fort Collins Date: 07/15/2014 Vendor: 111360 GRAINGER INC 4531 INNOVATION DR FORT COLLINS CO 80525-3406 PURCHASE ORDER PO Number Page 9140463 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: DRAKE WATER RECLAMATION CITY OF FORT COLLINS 3036 ENVIRONMENTAL DRIVE FORT COLLINS CO 80525 Delivery Date: 07/15/2014 Buyer: PAT JOHNSON 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 7 Crediting line above -was a credit, not an add. s credit per email from M.Warren 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 EA 1 LOT EA -802.20 11:I1YAli 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 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Tom Collins is exempt from state and local lazes. Our Exemption Number is 99-04502. Federal Excise Tax Exemption Certificate of Registry 84-61WO587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet spmificmiotss, either when shipped or due to defects Of damage in transit, may be rammed to you for credit and are not to be replaced except upon receipt Of written instructions firm the City of Fort Collins. Inspection. GOODS are subject to the City of Fort Calling inspection on aniival. Final Acceptance. Receipt of the menchandirs, se r equipment in response to this order can result in aurhonzed payment on the Pan of the City of Fart Collins. However, it is to be understood thatFINAL ACCEPTANCE is dependent upon completion of all npplicable required inspection procedures. Freight Tema. Shipments most be P.O.B., City of Too Collins, IDo Wood St., Ford Collins. CO 90522. unless otherwise specified on this We, Bee mission is givm no put fimight and charge seWcotely, the original freight bill most acmmnam' invoice. Additional chances for packing will not be amend. Shipment Distance. More manufacturers have Jistributing Paints in vanam W,b of the country, shipment is expected firm the crest distribution Point to admiration, and excess freight will be deduced from ho uice when shipments are made firm greener do... Permits. Seller shall procure a1 sellers sale cost all mccssary permits, cenifcates end licences acquired by all applicable laws, regulations. oidiom. and color of the state, municipality, mrtice, or political subdivision where the work is performed, or required by any other duly congtimted public nuthonty havingyrrisdiction Over the work of vendor. Seller further agrees to hold the City of Fort Collins batmless from end Wings all liability and lass recurred by them by ,eaeon of an resigned or eaablisbed violation of any such laws, regulations, ordinances, tales and r Mummerm, Authorisation. All ponies to this Contract agree Out the representatives are, in fact, Was Ede and possess full and complee authority to bind said parties. LIMITATION OF TERMS- This Random Other expressly limits accepance W the no. and conddiom smored herein set font and any supplementary or addidonal terms and conditions annexed hereto or incorporated herein by reference. Any additional Or diRerenuelms and consitiers proposed by seller am objCVCd,. and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment m arrive on your promised delivery date or noted. Time is of the Comma. Delivery and porkmaganc a must be effected within the time stored on the purchase order and the do meng, atuched hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, skill operate in a waiver of this provision. In the rent of my delay. the Purehmer shall have, in addition 1. other legal and equitable mnedies, the option of placing this order elsewhere and holding the Seller liable far damag.. However, the Seiler shall not be liable for damages as a result of delays due to causes not reassembly foreseeable which ate beyond its reasonable control and without its fault of negligeace, such arts of God, ace, of civil or military authorities, governmental produce, Ores, stoke, Rood, epidemic, wars or riots provided Out notice of the conditions causing such delay is given to the Peorchser within five (5) days of,hc time when the Seller Ors, received knowledge thereof In the sent of my such delay, the date of delivery shall be extended fir the perfect equal to the time actually loss by mason of the delay. 3. WARRANTY, The Seller warrants Nat all goods, articles, frommk and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and complance in accordance with accepted standards for work of a film nature. The Seller agrees to hold the Purchaser harmless from my loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wamenty. The Seller shall replace, repair or make ,and, without cast o the purchase,, any defers Or faults arising within one (1) year or within such longer period of time as may be prescnbed by law or by the teams of any applicable warranty provided by the Seller after the Jae of acceptance of the goads furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of my claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wmranlm, or guarantees, but such liability 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 Purohestt may make changes to legal terms by tun t. change order 5. CHANGES IN COMMERCIAL TERMS. The Prombaser may make any changes to the terms, other than f gal moss, including additions to Or deletions linen ,he quantities originally ordered is the specifications or drawings, by verbal or written change order. If any such change OtTects the amount due or the time of perPom—ao hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change enter, trommae this agreement as to any Or all p r- ions or the goads then not shipped subject m any equitable adjustment between the panics as to any work or materials then in progress provided that the Purchaser shall not he liable far a, claims to, rumipoted profits On the uncompleted ,onion of the goods andrm work, for incidental or consequential damages, and Can no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stuck. NO such woriwlion shall relieve the Purchaser Or the Seller army of their obligations n to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or Combination is ordered. R COMPLIANCE WITH LAW. The Seller warrens that all goods said hereunder shall have been produced, sold, delivered and famished in strict ompllance with all applicable laws and regulations to which the goods ate subject The Seller shall execute oral deliver such documents nes may be required to effect or evidence compliance. All laws and egulatiom requital to he incorporated in agreements of this character are hereby inco someal herein by this referrnce. The Seller agrees to indemnify and hold the Purchase, hamtless ftono all cods and damn,. Cottoned by the Purchaser. a esul, of she Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey Nis order, or any monies due or to become due hereunder without the prior wrinm consent of the other party. 10, TITLE. The Seller warrants full, dear and unrestnced title to the P..ki far all oquipmmt mmenala, and items famished in performance of this agreement, free and clear of any and all lieng, restrictions. resmafiong, security normal encumbrances and claims of others. 11. NONWAIVER. Failure of the Purchase, m insist upon strict performance of the terms and conditions hereof, failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a French the acceptance of or payment for goods hereunder or approval offs, design, shall not relece the Seller of any of the wartanties or obligations of this purchase order and shall not be deemd a waiver of any right of the purchaser to insist upon strict performance hereof or any of its rights or remedies as many such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral math Oration or rescission of this purchax order by the Pmchsser operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser magnum that in actual economic practice, overcharges resulting from antitrust violations art in fact home by the Purchaser. Theretofore, for good cause and as consideration for examining this purchase other, the Seller hereby assigns to rise Purchaser my and all claims it may now have or hereafter acquired under federal or stare antitrust taus for such overcharges relating to the particular gook or services purchased or acquired by the Purchaser pursuant to this purchase order. ❑. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Northerner directs the Seller to correct nonconforming or defective goods by a dare to be agreed upon by the Purchaser and the Seller, and the Seller lherezfrer indicates its mortality or unwilliLmess to comply, the purchaser may cause the work to be performed by the most expeditious means available on it, ad the Seller shall Pay all mss associated with such work. The Seller shall Celeaae the Parchuer and its contractors of any der firm all liability ad claims of any Cmmre reaching from Ne pM mbanee of such work. This crease shall apply even in the event of fault of negligence of the party released anal shot] extent to the direcmts, officers and employees of such parry. The Sellefs confrosecal obligations, including wamenry, shall not be deemed to be reducer. in any way, because such work is perforated or caused 10 be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, plant, rademark to copyright, tee Seller shall indemnify and save harmless the Pumber,r from any anal all claims for infringement by reams of the use of such patented design, device, material or process in correction with We contract, and shall indemnify the Pwch.n for any cast expense or damage which it tarry be obliged m pay by reams of such infringement at any time during the prosecution in after the complainer of the work. he case said equipment, or any pan thereof or the intended use of the goods, is in such suit Feld to conslimte infringement ant the use of said equipment or pan is enjoined, the Seller shall, at is own expense mal al its option, either proctor for the Pm<hsstt the right to continue using said equipment or pans, replace the same with substantially equal but nu minti,in,equipment,o, codify it an it becomes noninfn-ngmg. 15. INSOLVENCY. If the Seller shall become insolent or bankrupt, make an assignment for the benefit of creditors, appoint e or mume for any of the Sellers pmperry or business, this other may forthwith Ix, canceled by the Purchase, without liability. 16. GOVERNING LAW. The definilimts of,,. used or the interpretation of the egomania. and me rights of all parties hereunder shall be cortsuued under and gm'emed by the laws of the Smut of Colorado, USA. The following Additional Conditions apply only in cases wbee the Seller is to perform work hereunder, including the services of Sellers Represnu0ve(s), ou the premises ofothen, IL SELLERS RESPONSIBILITY. The Seller shall cony on said work at Settees own risk until the same is fully completed and accepted, and shall, in se of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance. complete the work at sidices own expense and to the satisfaction of the Puuch.er. When maforms and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same a1 the site and become .,pongible Nerefr as though such matcnals and/or equi,com were being fronting by the Seller under the order. 18. INSURANCE. The Seller shall, a1 his we expense, provide for the payment of workers com,enmtion, including occupational disease benefits, to its emplayees employed on or in connection with the work covered by this purchase order, andor to their dependents in accordance with me laws of the score in which the work is to be done. The Seller shall also carry comprehensive general holistic, including, but not limited to, contractual and alum—ole public liability insurance with bodily injury and death limits of at lent S300.000 for any one person, $500,000 for any one accident send properly damage limit per accident of SsJOROO . The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work In the premises of others, the Seiler shall famish the Purchasm with a certificate that such cumpensawar and insurance have been provided. Such certificates shall specify the date when such empensmion and insurance have been providedSuchcertificates skill specify the date when such compensaion and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liabillry for my and all darnagq lass or iojury army kind Or nature whatsoever to persons or property caused by or nagging from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hamalow the Purchase and 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 in persons or property to which the Purchaser may No, put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit of other proceedings shall so brought against the Purchaser, or is officers, agents or employees at any time on account or by reason of my act, action, neglmt omission or default of the Seller of any of his cootmemrs or any of its or their Officers, agents or employees as aforesaid, the Seller hereby agrees or assume fire defense thereof and to defend the same at the Sellers own expense, no pay any and all costs, charges, atmmeys fees and other expenses, any and all judgmeas that may be incurred by or obtained against the Purchaser or any of its or then officers, agents of employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the pmpedy ofthe Purchaser, or said parties ul or as a result of such suits or other proceedings, the Seller will at once cause life same to be dissolved anal dsebargd by giving bond or otherwise. The Seller and his contractors shall take all safety precautiom, fumsh and his all all gumds necessary for the prevention of accidents, comply with all hws and regulations with regard to safety including, but without limiaton, the Occupaliorul Safer, and Health An of 1970 and all rules and aegnlatiom issuodxion tthence. Revised 03CO10