HomeMy WebLinkAbout383935 LIGHTLY TREADING INC - PURCHASE ORDER - 9141623 (2)City of
Flirt Collins
Date: 10/14/2014
Vendor: 383935
LIGHTLY TREADING INC
4303 BRIGHTON BLVD BLDG 3
DENVER CO 80216
PURCHASE ORDER
PO Number Page
9141623 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: 10/14/2014 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
2 C01 to reduce
1 LOT LS
Reducing amount remaining on po. Will be using PRPA's agreement with a
new vendor. Requisition #48289
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@fogov.mm
-84,000.00
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
1. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Collins Is exempt from state and local taxes. Our Exemption Number is 11. NON WAIVER.
98-04502, Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure arms Purchaser to insist upon strict performance ofthe terms and conditions hereof, failure or delay to
Im red Revenue, Dearer, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39 26,114 (a). 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 ofthe design, shall not releau the Seller of
Goads Rejected. GOODS REJECTED due to failure to 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 transit, may be resumed to you for credit and are not to M replaced except upon receipt of written Purchaser to insist upon strict performance havofoe any of its rights or remedies as to any such goods, regardless
instructions from the City of For Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any performed
oral modification or rescission of this purchase order by the Purchaser operate no, a waiver of any of the terms
Inspection. GOODS are subject to the City arrest Collins inspection on arrival, hereof
Final Acceptance. Receipt of the merchandise, serviceswi
or equipment in response to this order n result in 12. ASSIGNMENT OF ANTITRUST CLAIMS,
authorized payment on the pan of the City of Fort Collins However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual e< nis practice, overcharges resulting from antitrust
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures, violations are in fad home by the Purchaer.Theretofore, forr 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 hereafter
Freight Terms. Shipments must be F.O B., City of Fort Collins, 200 Wood St, ran Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges rclaring to the particular goods or services
otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by me Purchaser pursuant to this purchase order.
bill must accampany involve. Added ... I charges far packing will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacturers base distributing taints is various pans of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the
expected from the nearest dischation point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purcfiastt
shipments are made from greater distance. may cause the work to be Performed by the most expeditious means available to it, and the Seller shall pay all
casts associated with such work.
Permits. Seller shall procure at sellers sole cast all necessary permits, certificates and licenses required by all
applicable laws, regulations, ordinances and tales of the state, municipality, territory or political subdivision where
the work is ,cloned, or required by any other duly constirmed public authority having jurisdiction over the work
of vendor. Seller further agrees to hold the City of ran Collins harmless from and against all liability and loss
endand by theby reason of an assumed or established violation of any such laws, regulations, ordinances, rates
m requirements.
Authorization. All parties to this contract agree that the representatives are, in fact, Form fide and possess full and
complete mummy to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance in the terms and conditions sound
herein set forth and any supplementary or additional terms and conditions.unexed hereto or incorporated herein by
reference. Any additional or different terms and conditions somened 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 time a noted. Time is of the essence. Delivery and Performance must be of acted within the time
sowed an the purchase order and the dreamers, attached bacto. No acts of the Purchasers including, without
limitation acceptance of partial late deliveries, shall metmoe as a waiver of this provision. In the event of any delay,
the Purchaser shall have, in addition to .,her 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 far 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 is of God, acts.(civil or military anthamies, gexammental priorities, fires, ranges, Board, epidemics, wars or
dots provided that notice of the conditions causing such delay is given to the Producer within five (5) days of the
time when the Seller first received knowledge meteor In the event of any such delay, the date of delivery shall be
extended for me period equal to the time actually lost by reason of the delay.
3. WARRANTY.
The Seller warners dot all goods, articles, materiels and work covered by this order will conform with applicable
drawings, specifications, samples and/or other descriptions given, will nd fit for the purposes intended, and
performed with me highest depose of can and competence, in accordance with accepted standards for work of a
eralar nature. The Seiler agrees to hold the purchaser harmless from any loss, damage or expense which me
Purchaser may suffer or incur on account ofthe Sellers breach of wmr9nsh ty. The Sella all replace, repair or make
good, without cost to the purchaser, any defects or faults arising within one (I) year or within such longer period of
time as may nd prexribd by law or by the leans of any applicable warranty provided by the Seller after the date of
acceptance ofthe goods famished hereunder (acceptance not to be immeasurably delayed), resulting from impeR t
or defective work done ar mamdaa f ahed by the Seller. Acceptance or use .f goods by the Purchaser shall era
constitute a waiver of any claim water this warranty. Except a otherwise provided in this purcham order, the Sellers
liability fierewder shall extend in all damages proximately caused by the breach crony of the f going waranties
or gwerdwees, bur such liability shall in no ,at include loss of pmGts or 1. of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes 10 legal terms by written change order
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes I. the lams, other man I.gal rearm, including additi.ns to or deletions from
me quantities originally ordered in the specifications or drawings, by verbal or wittier change order If any such
change affect the amount due or me time ofperf.rmarce hereunder, an equitable adjustment shall be made.
6. TERAIWATIONS.
The Purchaser may many time by written change ock, terminate this agreement as to any or all portions of the
grads then oat shipped, subject to any lwartale armature, between me panic as m any work we materials then in
progress provided that the Purchaser shall not be liable for any claims for anticipated profits on me uncompleted
Portion of the goods author work, for incidental or comtyuendal damages, and Out no such adjustment be made in
favor of me Seiler with respect to any goods which are the Setters standard stock. No such Lamination shot] relieve
me Purchaser ar the Seiler of., rd eir obligations as to any goods delivered hereunder.
J. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment mast be recorded within rainy (30) days from me date the change or lamination is
cda'd.
8. COMPLUWCE WITH LAW.
The Seller wamnts mat all goads sold hereunder shall have beer produced, and, delivered cad famished in strict
camplianre with all applicable laws cad regulations to which the goods are subject The Seller shall execute and
deliver such da mars as may be enquired to effect ar e.idenre compliance. All laws and regulations acquired to be
incorporated in agreements of this charuta arc hereby incoryareted herein by this referexe. The Seller agrees to
indemnify and hold me Purchaser barriers from all costs and damages suffered by me Pandora as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party, And .sign, transfer, or convey this order, or aay monies due or a become due hereunder without the
gnaw winner consent afore outer pang.
10. TITLE.
The Seller warranrs full, clear and numbed title a me Pwchsser for all equipment, material,, aad it. furnished
in parRaccurawax of this agreement Bee and clear of any rand all liens, restrictions, resmutions, security interest
exmnbrerces and claims .fathers
The Seller shall release the Purchaser and its contractors of any rice dram AI liability and claims of any nature
salting from the performance of such work.
This release shall apply even in the event of fault of negligence of the party released and shall extend to the
directors, officers and employees of such party.
The Sellers contractual obligations, including warranty, shall not be deemed to he mimed, in any way, because
such work is performed or caused to be Performed by the Purchaser.
14. PATENTS.
Whenmer the Sella is required to use any design, device material or process covered by later, patent, trademark
or copyright, the Seller shall indemnify and save harmless the Purchaser Imo any and all claims far infringement
by meson of the use of such patented design, device, material or pmceas in correction with the contract, and
shall indemnify she Purchaser for any cost, expense or damage which it may be obliged to pay by maven of such
infringement at any time during the prosecution or alter the completion of the work. In case said equipment, or
any pan 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 awn expense and ad its option, either pressure for the
Purehaer the right to continue using said acquired or pans, replace the same with substantially equal but
noninGnging equipment, or modify it so it becomes mainfn'nging.
I S.INSOLVENCY.
If the Seiler shall became irwlvem or bankrupt make an assignment foe the benefit of creditors, .,prim e
weeiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions armory, nsed or the interpretation ofthe agreement and the rights of all parties hereunder shall be,
rumored wider and govared by the laws of the Stare of Colorado, USA.
The following Additional Conditions apply only in views where me Seller is to perform work hereunder,
including the services of Sellers Repressntatisax), on the premises.(other,
li. SELLERS RESPONSIBILITY.
The Seller shall carry, con said work at Sellers own risk until the same s fully completed and accepted, and shall,
in u of my accident, destruction or injury to me work ant maerials before Sellars final completion and
acceptance, complete me work at Sellers own expense and to the satisfaction of the purchased. When mmmals
and equipment are fumahed by others for installation m erection by the Seller, the Seller shall receive, unload,
store and handle same at the site and become responsible mwelar a though such materials andam equipment
were being famished by the Sella wader the order.
18. INSURANCE.
The Seller shall, at his own expanse, provide for the payment of workers compensation, including mcupmional
disease benefits, no its employees employed on or in connection with the work covered by this practice Oder.
and/or, to their dependents in acmrdance with the laws of me stare in which the work is to be dose. The Sella
shall also carry comprehensive general liability including, but slot limited to. contractual and automobile Public
liability insurance with bodily injury and death limits of at least 5300000 for any One person, S500,000 far any
one accident and property damage limit per accident of $400,000. The Sella shall likewise enquire his
conductors, Worry, to provide for such compensation and insurance. Before any of the Sellers or his contractors
employces shall do any work upon the premises of ashed, me Seller shall famish the Purchaser with a cemificam
that such compensation and imencro a have been provided Such remificmes shall specify me date when such
compensation and insurance bare been provided. Such certificates shall specify the date when such compensation
and resonance expires. The Sella agoras that such compensation and insurance shall be maintaimd until after the
entree work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella hereby assumes the entire eaponsibility and liability for any rod all damage, loss or injury of any kind
or vmm whmanowar to persons or proper,, caused by or resulting form me execution cftne work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold bard. the Purchaser and any
or all of me Purchasers officers, agents and employees tram and against any and all claim; losses, damages,
charges or expenses, whether direct or indirect, and whether m persons or pmperry to which the Purchaser may
be put or subject by reason of any sa, action, neglect omission ar default an the pan of the Sella, any of his
contenders, or any of the Sellers or contractors officers, agents in employees. In case any suit or other
proceedings shall be bmughl against the Purehsser, or its ofticers..,am or employees at any time on xs... I or
by eeawn of any act action, neglmt omission or default of me Seller of any of has contractors or any of its or
met, officers, agents or employees as aforesaid, me Sella hereby agree to assume me dednse thereof and to
defend the same an the Sellers men expense, to Pay may .nit.11 costs, clarges, Monday, fees and other expenses,
any awl all judgments oral may be incurnd by or Obtained against the Perchance or any of its or their dicing,
agents or employees M such suits or other gwgmxx ings, and in care judgment or other lien be placed upon or
obtained against the property i fthe Purchaser, or said panics in or a a result of such suits or omf proceedings,
the Seller will at once cause do, same a be dissolved and discharged by giving brad or otlrcrie se. The SeHa and
his contractor shall take all snuffy precautions. Ramada anal install all guards meesvry for me prevention of
accidents, comply with all laws and regulations with regard to safety including. but without limitation, the
Ovemandmml Safety road Health A. of 1970 and all rules and regulations issued pursuant thereat.
Revised 07R014