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HomeMy WebLinkAbout541844 MANWEILER HARDWARE INC - PURCHASE ORDER - 9145468of Fort Collins Date: 09/22/2014 Vendor: 541844 MANWEILER HARDWARE INC 418 MAIN ST WINDSOR CO 80550 PURCHASE ORDER PO Number Page 9145468 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: POUDRE FIRE AUTHORITY -AD 102 REMINGTON FORT COLLINS CO 80524 Delivery Date: 09/22/2014 Buyer: WILSON, JILL Note: Line Description Quantity UOM Unit Price Extended Ordered Price r Pub Ed Smoke Alarms Bill #1-20857 dated 9/15/14 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.mm 1 LOT LS 7,610.40 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 1. COMMERCIALDETAIIS. Tax exemptions. By mimic the City of Fort Collins es exempt from sore and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Cmifeate of Registry 84-60fill 6 registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Studies 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet speci ficmlons, either when shipped or due to defects of damage in tonsil, may be returned to you for credit and we not to be replaced except upon receipt of written instmctiens farm the City of Fan Collins. Inspection. GOODS art subject to the City of Fort Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services Or equipment in respond to this order can result in amhm is a payment on the pan of the City of For Collins. Ilowmeq a is Ir be uddetsrood tam FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection pmcedures. Freight Tam , Shipments must be F.O.B., City of Fun Collins, 70(t Wand St, Fan Collins, CO 80522, unless otherwise specified on this order. Ifpemrission o given to prepay freight and charge sep ionaly, the original freight hill Inns[ accompany invoice. Additional char,ce fur packing will not be accepted. Shipment Primer. Where manufacturers have disurbuting points in crafters pans of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made farm greater distance. Permits. Seller shall parcuv to sellers sole cast all necessary pennies, cenificam and loonxs required by all applicable laws, regulations, on icameas and rates of the state, municipality, temmry or political subdivision where the work is Performed, or required by any other duly contributed public authority having jurisdiction over are work or vendor. Seller further agrees to hold the City of Fon Collins Formal., from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, oNinances, miles and requhemen6. Authorization. All parties to this contract agree that the mprowntatives are, in fact, bona Ode and possess full and complete authority be bind said pioneer LIMITATION OF TERMS. This Purchase Oak expressly limits acceptance to the terms and conditions stated herein set fort and any supplementary or additional term and conditions annexed hereto or incorporated herein by rohmence. Any additional or different terms and conditions proposed by seller are objected to and hereby ¢jected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you canrwt make nmplete shipment m arrive oa your promised delivery date as noted. Time is of the essence. Delivery and performance must be a@cted within the time stared on the purchase oNer and the do urri es ouachad herein. No as of the Purchasers including, w dental 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 m other legal and 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 as a result of delays due in causes not reawnably foreseeable which are beyond its mentionable control and without its fair of negligence, such acts of Gad, acts of civil or military authorities, pro mmentl priorities, fires, strikes, Flood, epidemics, wars or rims provided that active of the conditions causing such delay is given to the Purchaser within five (5) rays Of the time when the Seller had received knowledge thereof In are event of any such delay, the date of delivery shall bd extended for the period equal m the time wholly lost by reaon of to delay. 3. WARRANTY. The Seller warrant that all goods, amides, materials and work covered by this order will conform with applicable drawings, specification, samples and/or other descriptions given, will be fit for Fire purposes intended, and performed wit to highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees In hold the purchaser harmless from any loss, damage or expense which the Purchaser may suR or incur on account of the Sellers breach of waramy. The Seller shall replace, repair or make good, without cast to the purchaser, any defects or faults arising within one (1) year or within such longer p-Oil of time as may be prescribed by law or by the terms of Boy applicable wamanry provided by the Seller after the date of acceptance of the goods fumished hereunder (retrogressive not to be unreasonably delayed), resulting farm impart t or defective work done or materials f imal by are Seller. Acceptance or use of goods by the Purchaser shall not constimm a waiver ofany claim under this warranty. Except as otherwise provided or his purchase order the Sellers liability beremder shall extend ta ell damages proximately caused by the breach of any of the Bargain, wurtmnlaw or guarantees, but such liability abull in Fla event include loss of profits or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. I he Purchaser may make changes to legal terms by written change order S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terra, including violatons to or delirious from the minutes originally ordered in the spcaiticaums, or drawings, by veM 1 a —it— change oNer. If any such change inflects the amount due or the time ofperformantt hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The lurchaser may at my time by women change order, terminate this agreement as to any or all returns of to goads then not shipped, subject to any equitable adjustment between the panics or to any work or materials ten in progress provided that the Purchma shall not be liable for any claims for anticipated profits on the uncompleted ,man of the goods and/or work, for incidental or catscquential damages, and that no such adjustment I e made in favor of the Seller with respect n any goods which are the Seller standard stock. No such termination shall relieve the Purchaser or to Seller carry of their obligations a to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within airy (30) days farm the date the change or lamination is ordered. 8. COMPLIANCE WITH LAW. The Seller waranrs that all goods sold kneader shall have teen produced, sold delivered mad Intended in stria compliance with all applicable laws and regulations t which the goods am subject. The Seller shall execute and deliver such documents as may M required to agent or evidence compliance. All laws and regulations variant to be ncorpomted in agreements of this character are hereby incorporated herein by this reference. The Seller agrees in indemnify and hold the Pantheistic hatless from all costs and damages sufficed by the Purchaser as a result Of to Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or my monies due or to become due hereunder without the prior written nmseat of the other parry. 10. TITLE. The Seller wamnts full, at. and unreseictd tide m to Emotions, for all equipment, aalmals, and it. fihmished in performance of this agreement, free and clear of any and all liens, restrictions, mormations, security interest encumbrances and claims of others. 11. NONWAIVER. Failure of the Pumbaser to 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 breach, the acceptance of or payment for goods hereunder or approval orthe design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver Of any right of the purchaser to insist upon strict perPonnance hereof or any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any performed one modification or rescission of this purehase order by the Purchaser operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller aM the Purchaser recognize that in actual economic Practice, orachvg¢ resulting from antitrust violations art in fat home by the Purchaser. Theretofore, fa good cause and as consideration for executing this pemhase oNer. the Seller hereby assigns to the Purchaser any add ell claims it may now have or hereafter acquired under federal or some antitrust laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OP SELLERS OBLIGATIONS. If the Purchaser direco the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness no comply, the Purchaser may cause the work to be pedhroM by the occur expeditious means available m it, and the Seller shall pay all .,is inummated wit such work. The Seller shall release the purchaser and its comm arms of any tier from all liability and claims of any vture resulting from the perrom one, ofsuch work. This release shall apply ever In the event of fault of negligence of fae party mlcased and shall extend to are directors, officers and employees fsuch party. The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be Formal by the Purchaser. 14. PATENTS. Whaoxor the Seller is required I. sett any design, device, material or pm ces covered by learn patent, trademark or copyright, the Seller shall indemnify and was harmled the Purchaer farm any and all claims for immigentent by ¢anon of the use of such patrnred design, device, mmmal or process in saturation with the contract, and shall indemnify the Purchaser for any test, expense or damage which it may be obliged to pay by Lesson of such infringement at any time during the prosention or after the completion of the wok. In rase said equipment, or any pal thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is reported, the Seller shall, at its own expense and at its option, either procure for the purchaser the right m continue using said optimum or pans, replace the same with substantially equal but noninfrin,ln, equipment, or modiy it so it becomes noninftinging. 15. INSOLVENCY. If the Seller shall become insolvent or hankrapt make or assignment for to benefit of creditors, appoint a cascara or trustee far any of are Sellers prapmy or Winners, this order may foMwit be canceled by doe Purchaser without habihity. 16. GOVERNING LAW. The definitions oftereas used or are interpretation offae agreement and to rights of all parties hereunder shall be condcted under and governed by the laws of the State ofColomdo, USA. The following Additional Conditions apply only in cases where the Sella is to perform work hereunder, including the nervier, of Sellers Repre,audiveh), on the premises ofothers, Il. SELLERS RESPONSIBILITY. The Seller shall carry on said work al Sellers own risk until to same is fully completed and wev sed, and shall, in se of my accident, destruction ar injury In fae work and/or materials before Sellers final completion and acceptance, complete to wok as Sellers own expense add Ir the satisfaction of the Purchaser. When mmeriats and equipment are famished by others far acrobatic. or erection by the Sella, Ur. Seller sledI receive, male, store and handle same in are site end become responsible therefor as though such materials and/or equipmenl were being famished by the Seller miler the order. 18. INSURANCE. The Seller shall, m his own expense, provide for the payment of workers com,sawamn, including conceptional disease benefit, to its employees employed on or in connection with the work covered by this purchase coda, and/or to their dependents in accordance with the laws of the sate in which the work is in be done. The Seller shall also carry comprehensive general liability including, but not limited to. contractual and automobile public liability insurance with Foods injury and death limit of at least S300,000 for any one person, S500pga for any one accident and property damage limit per accident of S400,0110. The Seller shall likewise require his contractors. if say. m aurvide far such compensation and ius—a- Blame nay of the Sellers or his ammonia employees shall do any work upon the premise of where, the Seller shall furnish the Purchaser wit a cenircate that such compensation and insurance have been provided. Such catiewtes shin specify me date when such compensation and insurance have been procided Such certificates shall specify the date when such compensation and mistrance expires. The Seller agrees mar such comperastion and insurance shall Far maintained until alter the entire work is completed and accepted. 19. PROT ECl'ION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes to entire responsibility and liability for any and at I damnge, loss or injury of any kind r nature whatsoever to persons or property caused by or resulting from the execution afar, work provided nor in this purchase order or in connection herewith. no Seller will indemnify and hold harmless the Pureloser and coy r all of the Purcbmers oRcam, agents and employees from and against any add all claims, losses, damages, charges or expenses, whether direct or insirak and whether to persons or property to which to Punctuate, may he put or subject by reason of any rat, action, tvgoar, omission or default on din port of are Sella any of his mrponent, or my of the Sellers or contractors officers, agent or employees. In case any suit or Other proceedings shall be bought against the Purchaser, or its officers, agent in employees at my date on account or by reason of any act, action, neglect omission we default of the Seller of my of his contacmrs or my of its or their offrm, agents or employees as abredid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all casts, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers. agents or employees in such smits or other proceedings, and in care judgment or other lien to placed upon or obtained against the property offal Purchaser, or said parties in or as a result of such sales or other proceedings, the Seller will at once cause to come to be dissolved end discharged by giving bond or otherwise. The Seller end his contractors shall take all safery precautiom, furnish and install all goads necessary for are pmention of accidents, comply with all laws and regulations with regald to safety including, but without limitation, the Occupational Safety, and Health Act of 1970 and all rules and regulations issued pmsuanl terem. Revised 012014