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HomeMy WebLinkAbout542011 LARUE DISTRIBUTING INC - PURCHASE ORDER - 3214421Fort Collins Date: 09/26/2014 Vendor: 542011 LARUE DISTRIBUTING INC PO BOX 451119 OMAHA NE 68145 PURCHASE ORDER PO Number Page 3214421 1of2 This number must appear on all invoices, packing slips and labels. Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 09/26/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price Blanket Orderfor 2014 1 LOT LS 7,500.00 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.wrn Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 purchase Order Tent and Conditions Page 2 of 2 I. COMMERCIALDETAHS. Tax aemptiofs. By statute the City of Fon Collins is exempt (arm sate and local axe. Our Exemption Number is I L NON WAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84b000587 as registered with de Collector of Failure of the Purchaser to insist upon snict performance of the terse and commons hereof, failure or delay to Internal Revenue, Deaver, Colorado (Ref. Colorado Revised Santa 1973, Chapter 39-26. 114 (a). exercise any rights or remMies provided herein or by law, failure on Promptly notify der Seller in the went of a breach, the acceptance ofor payment for goods mrmnder or approval ofbe design, shall tat mlesse the Seller of Goods Rejected. GOODS REJECTED due to failure to men specifications, either when shipped or due to defects of uny of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be resumed to you far credit and ate not to be replaced except upon receipt of written purchaser m insist upon strict performance homer., any of its rights or remedies as to any such goals, regardless inswe"ims I}am the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purpobed am] mall reorient or rescission of this purchase order by the Purchaser operate as a waiver army of the terms Implanter. GOODS are subject to the City of Ton Collins inspection on advd. hereof. Final Acceptance. Receipt of the merchandise, services ca s or retirement in response to this order n result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Few Collins. However, it is tr be understood Char FINAL Seller and the Purchaser recepre, that in moral economic practice, overcharges resulting from antihnal lfaar ACCEPTANCE is dependent u....... letion of all applicable required inspection procedure. violations arc in fact bomc by be Purchaser. Theretofore, good cause anal as consideration for remaining be, purchase order, the Sella hereby assigns to be Purchaser my and all claims it may row have or hereafter Freight Times. Shipments mud be F.O.B., City of Fort Collins, 200 Ward Sr., Too Collins, CO 80522, unless acquired under (Weal or bare antio-us, laws fro such overchvge relating to the pordenda goods or sake otherwise speeirW on this order. Dpermission is given to prepay fee & and charge separately, the original freighl purchased m acquired by the Purchase, pursuant is this purchase ordm. bill must accompany invoice. Add i,ia.] charges for parking wile tat b, accepted. 13. PURCILASERS PERFORMANCE OF SELLERS OBLIGATIONS. eMoral manufazmrers h. in pans of the country, is d herbs, a Shipme,.K,lcd der Seller ing of defeciiy goods by a dateants to be, be directs r, on byPurchaser noner If be Per Invoice w peens to destination, and excess freight will be Jeduded from Invoice when expected from the nearer d d excess refight from be arct and t, t e all indicatesor unwillingness amply, the ser a Sella n Purchaser and the Sella and the Sentry comply, expo a its inability or unwillingness shipments are made from greater distance. greater shall by the mast expeditious means available to it, and the Seller shall pay all may roux the work to be the most d pa orfoamed casts auociamd with such work. Permits. Seller shall pPwirc at sellers sole cost all nreasary permits, certificates and license fegweed by all applicable laws, regulmi me. ordinances and rules or the sett, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public aulhoriry havingjurisdiction over the work of vend., Seller rubber agree to hold be City of Ton Collins harmless from and against all liability and lass incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, roles and rcomimmene, Aurhorizbtion. All parties in this contract agree bar the representatives are, in four, threat fide and possess full and complete authodry a bind said un ia. LIMITATION OF TERMyl. This Purchase Order expressly limits samurai, an the reams and conditions sated herein act both and any supplementary or additional dew and wnditiors wro. W herem M mompoaed herein by reference. Any additional or different ream and conditions proposed by seller are objected to and hereby jeered. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immaliately ifyuu cannot mike complete shipment to arrive on your ,,unused delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase male, and the documents attached hereto. No acts of the Purchasers including, without limitnlion, acceptance of radial late deliveries, shall operate as a waiver of this provision. In the event of any 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 damage. However, be Sella, shall not be liable for damages a a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts offered or military authorities, gm'emmenal priorities, fines, strikes, road, epidemics, wars or riots provided that notice of the conditions causing such delay is given to be P ostrser within live (5) days of the rime when the Seller trust received kreada a therm!. In be went of any such &in, dic date of delivery shall he extended for be peti W equal to be time wholly lost by reason ords, delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials 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 are and competence in accordance with accepted standards for work of a similar nature. The Seiler agrees to hold the purchaser Iami from any loses damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wmatic, The Salle shell replace, Peru,, or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as maybe prescribed by law or by the terms of any applicable warranty provided by the Seller after be date of acceptance of the goods famished hereunder (ace peme not to be unreasonably delayer), resulting from territorial or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall nor constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability forwarder shall carried b all damages proximately caused by the breach of any of be foregoing semantics or Subsidies, but such liability shall in no event include loss of profits or loss of sex. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make change to legal temp by wou m change order 5. CI IANGES IN COMMERCIAL TERMS. T he Purchaser may make any changes u. the name, other than legal terms, including additium to or deletions from the quantities originally ordered in the spoil baners or drawings, by verbal w written change order. If any such change vfree. the um.ud due w the time of performance hereunder, an equitable adjustmen shall be wide. 6. TERMINATIONS. The Purchaser may at my time by written change order, terminate this agreement as 1. any or all Ironions of fe goods then not shipped, subject to any equitable adjustment between be panics us to my work or materials ben in progress provided that be Purchaser shall not be liable for any claims for anticipated prom on be uncompleted ,anion of the goods and/or work, for incidental or consecrator.] damages, and than aw such Wjusuram be made in favor of the Seller with respect o my goads which art be Sellers standard stack. No such urmivtion shall relieve be Purchaser or the Seller of—y of their obligaiom n to my goods delivered Immoral 2. CLAIMS FOR ADJUSTM1I ENT. Any claim for adjustment most he answered within birry (30) days from be date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in stria compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required to affect or evidence compliance. All laws and regulations ox Turd to be incorporated in agreements of this charecter are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold be Purchaser harmless from all costs and damages suffered by be Purchaser as a result of be Sellers failure to comply with such law. 9. ASSIGNMENT. Neither par, shall assign, transfer, or wary this order, of my monies due or m become due hereuMer without be prior wainm Co., afbe Ober may. 10. TITLE. The Seller warrants bill, clear and umarricted title to the Purchaser for all equipment, materials, and urns famished in performance of his agreement, free and claim of any and .11 [1., restrictions, rarrvmional security interest communism and claims fothers. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in be event of fault of negligence of the patty released and shall extend to the detectors, offers and employee, of such party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduce, in my way, becanx such work is perfmmed or raused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required m use any design, device, mmerial or process covered by later, patent, trademark or copyright, the Sella shall indemnify and save harmless the Purcbano (arm any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contact, and shall indemnify the Purchaser for any cost, expense or damage which it ray be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of be work. In case said equipment, or any Fart 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 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. 15. INSOLVENCY. If be Sella shall become insolvent or Dankmpt. make an assignment for be benefit of creJimrs, appoint a fiver or system for any of the Sellers property or business. this order may forthwith be canceled by be Purchaser without liability. 16. GOVERNING LAW. The de0nitions of terms wed or be imeryretation ofthe agreement and the rights are)[ parties mayouldrr shall he construed under and governed by be laws ofthe Sate of Colorado, USA. The following Additional Conditions apply only in cases where be Seller is to perform work hereunder, including the xrviecs of Sellers Reprexnative(s), an the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall ,any oa said work at Sellers own risk until the same is Polly a mplerW and accepted, and shall, in u of any accident, destruction or injury to the work torpor materials before Settees final completion and cce'swee, complete the work at Sellers own expense and or the satisfaction if be Purchaser. When materials and equipment am bandstand by others for installation or erection by the Seller, be Sella shall receive, Poland, mart and handle same at be site and become «spersible rfref as bought such nbteriaa and/or equipment were being formulated by be Setter maker be ordn. 18. INSURANCE. The Sella shall, at his own expense, provide for be payment of waders compensation, including scup ntiotul disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or m their drpendenes in accordance with the laws of the sate in which be work is to be done. The Seller shall alas carry comprehensive general liability including, but nor limited to, contractual and automobile public liability insurance with bodily injury and death limit, of at lean Stratum for any one person 5500,Mq for any one undent and proper, damage limit per accident of $400,000. The Seller shall likewise require his contractor, if any, m provide for such cumpemmion and moment, Before any of the Sellers or his contractors my shall do y work upon the premises of others, the Seller shall fiunish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify We data when such compenaion and insurance have been provided. Such cati0cale, shall specify the date when such compensation and imumnce expire. The Seller agree bat such compensation and insurance shall be nainaiated until after be entire work is completed and accepted. , 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella Ieemby assure the entire responsibility arm liability for any and all damage, loss or injury stony kind or nature whaboeeer to persons or propary caused by or Painting firm be execution ofthe work provided for in this purchase order or in connection herewith. The Seiler will maturity and hold handless the Purchaser and any cr all of the Purchasers mdeem, agents and employees from and against my cad all claims, losses, damages, harges or expenses, whether direct or indirect, end whether to persons or property to which the Purchaser may be put or subject by reason of any net, action, neglect, omission or default on be pan of be Seller, any of his contmdmi or any of the Sellers or contactors oriews, agent¢ or employees. In caw any suit or other proceedings shall be hmught against the Purchaser, 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 amminmrs or any of its or their offers, agents no employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers stun expense, to Pay any and all costs, charges, auomeys fees and other expenses, any and ell judgment bar may be incurred by or obtainal against the Purchaser or my of its or their oRcers, agents or employees in such snits or other proceedings, and in esse judgment or other lien Its, plaral upon or obtained against be pmpeny of be Purchaser, or mid patio in or as a result Pariah suits or other proceedings, the Sella will at once cause be same to he dissolved and discluPgW by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and Paul all guard necessary far be' .was m of accident, comply with all laws am regulations with rapid to safety including, but without limitation, be Occupational Safety and Health An of 1970 and all rules and regulations issued pursuant thereto. Rerxd Vapid