HomeMy WebLinkAbout123424 SHALLBETTER INC - PURCHASE ORDER - 9145203Fort Collins
Date: 09/10/2014
Vendor: 123424
SHALLBETTERINC
3110 PROGRESS DR
OSHKOSH WI 54901
PURCHASE ORDER
PO Number Page
9145203 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: ELECTRIC UTILITIES
CITY OF FORT COLLINS
700 WOOD ST
FORT COLLINS CO 80521
Delivery Date: 09/09/2014 Buyer: PAT JOHNSON
Note
Line Description Quantity UOM Unit Price Extended
Ordered Price
4 Ea - SPMD-31511-661VIS, 1 LOT LS 44,860.00
primary meter cabinets for
Woodward Governor project - Quote Number 217804 Attached
z Freight .-.
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
3,500.00
Total
Pay terms net 30 days
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 COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fon Collins is exempt ( scam and local form. Our Exemption Number is
I I. NON -WAIVER.
98-04502. Federal Excise Tax Exemption Certifirme of Registry 84,6000587 is registered with the Collector of
Failure of the Purchaser so insist upon said perfommres, of the terms and conditions hereof, failure in delay to
Internal Revrnue, Denver, Colorado (Ref. Colorado Revised S. 1973, Chapter 39-26, 114 (a),
examine, any rights or remedies provided herein or by law, failure to promptly notify me Seller in the event of a
breach, the acrepance of., paymers for goads hereunder or approval ofthe design, shall not release the Seller of
Goods Rejected, GOODS REJECTED due to failure in meet specifications, either when shipped or due to defects of
any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the
damage in tmmit, may, be reamed to you In, credit and are nos m be replamd except upon receipt of wnnen
purchaser to insist upon stricl performance hereffor any of ils rights m remedies as to any such guests, commit ass
intimations from the City effort Collins.
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purmated
trial modification or rescission of this purchase order by the purchaser operate as a waiver of any of the terms
Inspection. GOODS are subject to the City of Port Collins impection on arrival.
homer.
Final Acceptance. Receipt of the merchandise, u r equipment in reracrom to this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pan of the City of Fort Collins, However, it is to be understood matFINAL
Seller and the Purchaser recognize that in actual economicmanding practice, overcharges relting from natural
ACCEP I ANCF, is dependent upon completion of all applicable required impection procedures.
violations cre in fact home by the Purchases. Tomes frse,fagood cause and as consideration for circular, tltis
purchase order, the Seiler hereby assigns to the Purchaser any and all claims it may now have or hereafter
Freight Tears. Shipments most be F.O.B., City of Does Collins, IDO Wood St., Fort Collins, CO 80522, unless
acquired under federal err slate act., lax, for such overebeeges claim, to the pariand. gads or summer;
otherwise specified on this order. Upermission is given to prepay freight and charge separately, the original freight
purchased or acquired by the Purchaser pursuant m mix pmehase order.
bill mat accompany invoice. Additioal charges for parking will not be accepted.
Shipment Distance. \Mere manufacturers have distributing points in various parts of the country, shipment is
expected Pram the nearest distribution point to destination, and excess freight will be deduced from Invoice when
shipments are made from Rome, distance.
Profits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all
applicable laws, regulations, ordinances and roles of lire state, municipality, m rdo, or palilieal subdivision whom
the work is performed, or rquired by any other duly cfaliluted public sort ..it, havin,pot idiot over the work
of vendor. Seller further agrees to hold the City of Form Collins hamtless from and against all liability and loss
incurred by them by reasoa of an assertod err established Aeolian of any such Irws, regulations, ordinances, roles
and requirements.
Art ngiention. All putties to this contract agree that fire representatives are, in fact, bona fide and possess full and
complete..,boory or bind said parties.
LIMITATION OF TERMS, This Purchase Order expressly limits acceptant, to the terms and conditions smt d
herein sat forth aed any supplementary or additional terms and conditions annexed hereto or incorporated herein by
reference. Any additional or different terra and conditions proposed by seller are objodrd m and hereby oJecou .
2. DELIVERY.
PI,EASE ADVISE PURCHASING AGENT mourediately if you cannot make complete shipment to arrive on your
pmmn,ad delivery dale as noted. Time is of she essence. Delivery and performance must be e0'ecled within the time
soared on the purchase order and the docnmcnts attached harem. No ads of flat I'mehawl, including, will,...
limilulion, accordance ffpanial late deliveries, shall operate as a waiver of this provision. In the event of any delay,
the Purchaser shall have, in addition has other legal old equitable remedies, the option of placing this order elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable for damages in a result of delays
due to causes not reasonably foreseeable which are beyond its reasonable control and without its first, of negligence,
such acts of Ed, rots nfcirod or military aumonces, governmental prionties, fires, strikes. Bond, epidemics, wars or
cars provided Out notice of the conditions causing such delay is given to the Purchaser within Bve (5) days of the
now when the Seller Pat received knowledge herself, In the event of any such delay, the Are of delivery shall be
emended for the period equal to the fimc actually Ins. by reason ofine delay.
3. WARRANTY.
The Seller warners that all parts, articles, materials and work covered by this order will conform with applicable
drawings, specificatimc, sumples and/or other da,aipliuns given, will be fit for the purposes intended, and
performed with the highest degree of care and competence in accordance with accepted standards for work of a
miler nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the
Purchaser may suffer or incur on account of the Seller, breach of warranty. The Seller shall replace, repair or make
good, without costs the purchaser, any defects or faults arising within one (1) year or within such longer period of
time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of
acceptance of me grads fmished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect
or defective work done or materials famished by me Seller. Acceptance or use of grids by the Purchaser shall um
constitute a waiver of any claim under this worm, Except as otherwise provided in this purchase .,do,, the Sellers
liability hereunder shall extend to all damages proximately coused by the breach of any of the foregoing warranties
or guarantees, but such liability shall in no went 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.
Ile Purchaser may make changes to legal terms by worries change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the forms. other than legal terms, including addom s m or delusions from
for qua a......11, ordered in Ne,pecilic:nians or drawings, by verbal n riven change order. If any such
charge ,firms the rumors due or the mimofe perfommnce hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
no Purchaser may or any time by wrinen change order, m osione a this agreem<nt as to any or all patitra of the
goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in
progress p.,tried that the Prmlmser shall not be liable for any claims for amicipmed profs on she uncompleted
prnion of me gods and/or work, for incidental or consequential damages, and that mar such adjmummmt be made in
favor of the Seller with respect to any goods which as the Sellers standard smock. No such formation If relies,
the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder.
7. CLAIMS FOR ADFUSTMENT.
Any claim for adjustment most be cam ed within thins (30) days from the date the change or termination is
ordered.
8. COMPLIANCE WITH LAW.
no Seller warants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict
compliance wlm till applicable laws and regulations to which the goods are subject The Seller shall execute and
deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be
incorporated in agree eats of lhls character are hereby incorporated herein by this reference. The Seller agrees no
indemnify and hold she Purchaser hornless from all costs and damages suffered by the Pushier m a result of the
Sellers failure m comply will such law.
9. ASSIGNMENT.
Neither pay shall assign namfer, or convey this order, or any monies due or to become due hereunder without the
,no, wvlsen come.[ of the onto party.
10. TITLE.
no Seller warrants fall, clear and unnslncted title to the Purchaser for all equipment, nvamerials, and items historical
n performance of this agreement, free and clear of any and all liens, rectnoi.ns, reservations. accunry interest
encumb areas and claims crushers.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to comet nonconforming or defective goods by a date lobe agreed upon by she
Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
may cause the work to he performed by the most expeditions means available to it, and the Seller shall pay all
costs associated with such work.
The Seller shall release the Purchaser and its mntmetms of any tier from all liability and claims of any ,alone
resulting from the pert rnmce ofsuch work.
This releae shall apply even in the event of fault i f negligence of she party released and shall extend co the
directors, officers and employees of such party.
The Sellda contractual obligadoa, including warranty, xhall nos be deemed to be reduced, in any way, became
such work is Performed or edmt d to be performed by the Purchaser.
14. PATFTTS.
Whenever the Seller is "mend m ere any design, device, mmerial or process covered by letter, Wlrnt, trademark
to copyright, fit, Seller shall indemnify and save hamdess the Purchaser from any and all claims fur infringement
by forams of the use of such patented design, device, mawrial or powers in connection with the contract, and
shall indemnify the Purchaser for any cal, expense or damage which it may be obliged to pay by reason of such
inlringemem at any now during the prosecutors or nOcr the completion of the work. In ruse mid equipment, or
any part thereof or the intended me of the goods, is in such roil held m constitute colorfast and me ere of
said moronism fir pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the
Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but
noninfringing equipment, or modify it so it becomes noninfringing.
IS. INSOLVENCY.
If the Seller shall become insolvent or bankrupt nuke an assignment for the benefit of creditors, appoint a
receiver or trustee for any of the Sellers property or hotness, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions claimants used or the interpretation of the agreement and fire ugh s of all parties hereunder shall be
.rowed under and governed by the laws of the Sum ofColomdo, USA.
The fallowing Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the services of Sellers Represent ative(s), an the premises of ashen.
IT. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall,
in x of any accident, destruction or injury to the work and/or amends before Sellers final completion and
accepanee, complete sbe work at Sellers own expense and to the Smisfaction of the Purchaser. When materials
and equipment am famished by others for installation or erection by me Seller, me Seller shall receive, unload,
store and handle mine in the site and become responsible themfor as though such materials and/or equipment
were being fumishcd by the Seller We, me order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational
disease beneths, to its employees employed on or in connection with the work covered by this purchase order,
traffic to their dependents in accordance with the laws of the some in which On work is to be dune. The Seller
shall also carry comprehensive general liability including, but not limited to, contractual and automobile public
liability insumnce with Wdily army and death limit, of in Icua U00,000 for any one person, $500,000 for any
accident and property damage limit per accident of 5400,01K The Seller shall likewse require his
contractor, if any, to provide for such compensation and insurance. Before any of the Sellers ,, his contractors
employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with u cunificate
that such c mpenaation and insurairace have been provided. Such ceniticams shall specify the date when such
compensation and immance have been provided. Such certificates shall specify me date when such compensation
and insurance expires. The Seller agrees mat such compensation and summer er shall be maintained ..,it vier use
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any and all d—nage, loss or injury of any kind
an .,am whatsoever 1. rumors or pmpeny caused by We resulting from the execution.fide work provided for in
this purchase order err in connection forearm. The Seller will indemnify and Sold harmless she Purchaser surd any
or 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 pmpeny to which the Purchaser may
be put or subject by reason of any act, action, ncgled, omission or default on the pan of the Seller, any of his
contractor, or any of the Sellers or ontmdfrs officer, agents or employees. In caw any suit or other
proceedings slmlI be brought against the Purchase, or its officers, agents or employees at any time on account or
by reason 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 employees as aforesaid, the Seller hereby agrees to assume to defense thereof and so
defend the same at the Sellers own expense, to pay my and all suits, charges, attorneys fees and other expenses,
any end oil judgments Wt may be insured by or obtained against the Purchase, or any of its or mein othcars,
agents or employees m such suits or other provess ings, and in case judgment or other lien be placed upon or
obtained against me property ofine Purchaser, or said panim in or as a result of such suits or offer proceedings,
the Seller will at once cause fire same to be dissolved and dischargd by giving hand or omerwix. The Seller and
his contractors shall rake all safety purautiom, famish and install all guards necessary for me privation of
accidents, comply with all law, and regulations wish region] to watery including, but without limimrion, the
Ou.man mul Safety and Health Act of L970 and all roles and regulations ismed prospect merefo.
Revised 07R014