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HomeMy WebLinkAbout542011 LARUE DISTRIBUTING INC - PURCHASE ORDER - 9145601Fort Collins Date: 09/26/2014 Vendor: 542011 LARUE DISTRIBUTING INC PO BOX 451119 OMAHA NE 68145 PURCHASE ORDER PO Number Page 9145601 1012 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: 09/25/2014 Buver: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price Blanket Order for 2014 Coffee Supplies for Utilities 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 Total Pay terms net 30 days Invoice Address: 7,500.00 $7 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By argue the City of Fort Collins is exempt from stale and Local nixes. Our Exemption Number is 11. NONWAIVER. 98-04502. Fedeml Excee Tax Exemption Cmificate of Registry 94-6000587 is regarded with due Collector of Failure of the Pu¢hasn to insst upon strict pedormance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). exemlu any rights or remedies provided herein Or by law, failure to promptly notify the Seller in fie evert of a bream, thb acceptance afor payment for goods remainder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to m nil spaifimliom, either when shipped of due n. defecm of any of the warmmies or obligations of this ptuuhau order aM shall not be deemed a waiver of any right of the damage in morwit, may be rammed to You for credit and are not to he replazed except upon receipt of wrimen purchaser to insist upon strict pert m hereof or any of its rights or remedies as w my such goods, re& rdless instructions from the Ciry of Fail Collins. of when shipped, received or accepted, as in any prior or subsequent default hereunder, nor shall any purpamed oral modification or rescission of this purchase order by the Purchaser opemtc m a waiver of any of the tI— I morning. GOODS are subjcl to the City of Fort Collins iapecrion on arrival. Local Final Accepmnce. Receipt of the merchandise, service s or equipment in response 10 this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. aalbonmd payment oa the pan of the City of FortCollins. However, it is m be anderslmd Thar FMAL Seller and the Purchaser lecognim that in actual economic practice, overcharges resulting Gum antitrust ACCEPTANCE is dependent upon completlonofall applicable squired inspection procedures. violations are in fact borne by the Purchaser, Theretoforefar good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or herenher Freight Tends. Shipments must be F.OD., City of Fog Collins, 700 Wood St., Fan Collins, CO 80522, unless acquired under federal or state antimrsl Iowa fa such overcharges relining to the radicals, goods or services mvinvisse specified an this order, l fpemnission is given to prepay freight out charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accomnmw invoice. Additional chances for Ow ing will not be accepted. Shipment Distance. Where manufacturers have donibuting points in various pans of the country, shipment is expelled from the nearest distribution polnl to destination, and excess !night will be deducted from Invoice when shipments arc made from greater distance. Permits. Seller shall procure at sellers sale cast all necessary permits, wdificaes and liceraws required by all applicable laws, regulations, ordinances and tales of she mile, municipality. territory or political subdivision where the work is performed, or lcquired by my other duly comalmted public authority having jurisdiction over the walk of vendor. Seller further agree w hold the City of Fog Collins harmless from and against all liability and loss incurred by them by acamn of an asserted or established violation of any such laws, regulations, oNirences, tales and requirements. Authoritarian. All parties 1. this contract agree Nor the representatives are, In far,. Iwo fide and possess fall and oon lele authority to bind said panics. LIMITATION OF TERMS, This Purchme Order expressly limits amegunce to the Terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or nonintegrated herein by fefenum. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE: ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery date as noted. June is of rite essence. Delivery and performance must be effected within the time stated tat the purchaw order and the documents anuched hereto. No acts of the Pontoons including, without lintilnti.e. acceptance ofpunial late deliveries, shall operate as awriver .1 his provision. In the event ofany delay, the Purduna sh ll have, in addition m other legal and equitable remedies, the option of placing this omen elsewhere and holding the Seller liable fur damages. However, the Seller shall not be liable for damages as a result of delays due d causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts of civil or military authontice, governmental prinribes, fires, strikes, flood, epidemics, wars or dots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof In the event of any such delay, Use date of delivery shall be extended for the period qml wthe lime..try lost by eaoa gftha delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples coast other descnptims given, will be fit for the purposes intended, aM performed with the highest degree of dare and malpractice in accordance with returned standard for work of a similar enure. The Seller agrees b hold the ptmhmer hamlets farm my lass, damage or b.,. which the Purchaser may surfer or incur on account of the Sellers breach ofvvaranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (p year or within such longer period of time as may he pmsmbed by law or by the terms of my applicable warranty provided by the Seller roger the dam of acceptance of the goods famished hereunder (acceptance not to be unremonably delayed), resulting from imperf t or defective work done or materials furnished by the Seller. Acceptance am use of goods by the Purchaser shall oat constitute a waiver of any claim under Nis waaany. Except as otherwise provided in this purchase order, the Sellers liability hereunder bull extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no evens include lass of profits or lass 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 terms by women change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the miss, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or argon change order. If any such change a@cts the anount due or the time ofperf mcc Lerbundeaan equitable adjustment shall be made. 6. TERMINAT'IONS. The Purchaser may at any time by again change order, nrmimn this agreement as to any or all portions of due gaxb then not shipped, subject to any equitable adjustment between the parties as to any work or mmmals then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits an the uncompleted poaion of the goods andiar work, for dcidental or caaequea ig damages, and dot no such adjmtalml be made in favor of the Seller with respect to any good whim are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of., of their oblummus as 10 any good delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim fur adjusment most be asserted within Nirry (30) days from the dam the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance will, all .applicable laws and regulations ro which the goods are subject. The Seller shall execute and deliver such documents as may be required to effi cl or, evidence compliance. All laws and reggluions required 10 he incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees w indemnify and hold the Purchaser handless from all costs and damages soffnred by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither Wry shall assign, mmsfer, or convry this order, or any monies due of 10 become due hereuda without the prior writers combat o the other party. 10. TITLE. The Seller wamanm full, clear and umesricned rite to the Purchase, for all equipment. materials, and it. famished in perfomrmtt of this agreement, free and clear of any and all lien, —u c,i.. resmano., semriry interest dncumbrancrs and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to correct nonconforming or defective gads by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness a comply, the Purchaser may cause the walk to be performed by the most expeditious means available to it, end the Sella shill pay all cons assccimed with such work. The Sella shall release the Purchaser and its contractors of my tier from all liability and claims of my nature resulting farm the performance afmch walk. This releae shall apply even in the event of fault of negligence of the Party released add shall extend w due dincmrs, officers end employees crunch parry. The sellers conmazwal obligations, including w'arranry, shall not be deemed to be reduced, in any way, because such work u performed or caused w he performed by the Purchaser. 14. PATENTS. Whenever the Seller is acquired to use any design, device amterial or process covered by Idler, patent, medema k r copyright, the Seller shall indemnify and save budgets the Purchaser from any and all claims for infringement by reason of the use of such pnlented design, device, material or process in connection with the contract, and Shall indemnify the Purchaser far any cw1, exprom or damage which it may be obliged to pay by reason of such inGingement n1 any time dung, the prosecution or after the completion of the work. In case said equipment, or any pad Ihcn.f or the intended use of the goods, is in such suit held to cumtilme infringement and the use of said equipment or part is enjoined, the Seller shall, at its own expense and ;it 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 watchmaking. IS. INSOLVENCY. If the Seller shall become insolvent or bankrupt, all an assignment for the benefit of creditor, appoint a receiver or uuame for any of the Sellers property or business. this other may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. Tire definitions ofit. used or the interposing. ofne bete Land the rights afar panics hereunder shall be command under and gavere d by the laws of the Sate of Colorado, USA. The following Additional Conditions apply oily or cases where the Seller is 10 perform work herettMe. including no services of Sellers Represeumlive(s), onthepremiesofo0u . 17. SELLERS RESPONSIBILITY. The Seller shall carry, an said work at Sellers own risk until the same is fully communist and accepted, and shall, in case of any accident, destruction or injury to the walk andrar materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When matedals and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and became responsible therefor as though such mamnals amVor equipment were being finished by the Seller under the order. 18. INSURANCE. The Seller dvU. at Ills own expense, provide for the payment ofworkers compensaier, including ocrigatioal dime... benefim, to its employees employed oa or in connection with the work covered by this purchase ardeq andior in their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry, comprehensive general liability including but not limited to, contractual and automobile public liability imumncc with bodily injury and death limits of at least 5300,000 for any one person, $500J000 for any am accident and properly damage limit per accident of $400,000. The Seller shall likewise acquire his anntmcmrs, if my, to provide for such compensation and insurance. Before my of the Sellers or his comuclors employees shall do any work upon the premises of others, the Seller sell famish the Purchaser with a certificate that such compensation and insurance have been provided. Such examinants shall specify the dine when such compensation and insurance here been provided_ Such certificates shall specify the date when such compensation and irtsurence expires. The Sella agrees that such compeaariov and insurance shall be maintained until after the mine work is completed and accepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury orally kind r mmrc whamaaver to persons or property caused by or resulting from the execution orthe work provided for in Nis purchase order or in connection herewith. The Seller will indemnify and hold formless the Purchases and any, r all of the Purchasers offiera, agents and employees from and against my and all claims, losses, dmages, charges or expenses, whether direct or indirect, and whether to persons or properly to which the Purchaer may he 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 stir or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of tiny 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 the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and otter expenses, my and all judgmenk, that may be incurred by or obtained against file Purchaser or any of its or their officers, agents or employees in such grins art other pmeeedings, and in use judgment or other lien be placed upon or obtained against he property of the Purchaser, or said parties in or as a resull of such suits or other prmeedings, the Seller will at once ease Me same w be dissolved it discharged by giving bond or o hargrim. The Seller and his contractors shall sake all safety precautions, Finnish and install all pounds necessary for Ne prevention of recidmts, comply with all lawn and regulatonss win regard to safety including, but without limitation, the Occupational Safety bad Health Act of 1970 and ill rules and regulations issued pursurm thendo. Revised 07R014