HomeMy WebLinkAbout222397 QUEST INC - PURCHASE ORDER - 9146366of
Fort Collins
Date: 10/30/2014
Vendor: 222397
QUESTING
PO BOX 459
BRIGHTON CO 80601
PURCHASE ORDER
PO Number I Page
9146366 1 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: 10/30/2014 Buyer: DOUG CLAPP
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 17 Each Cutting attachment for
crimpers Huskie SL-NDCU/AL
as per quote # GW 102014
per Greg Wilcoxon
dated 10/20/14
Contact: Travis Walker
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 15,300.00
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
WIM'T(D IRIIIIIi eIC1iRYSFSK.LTIIILLD
Page 2 of 2
I. COMMERCIALDEfAIIS.
Tax exemptions. By statute the City of Fort Collins is exempt fmm spite and local taxes. Our Exemption Number u
11. NONWAIVER.
98-04502. Federal Excise Tax Exemption Cenifcate of Registry 84fi000582 is registered with the Collector of
Failure of the parehasa m insist upon shirt performaae of the terms and Conditions hereof, failure or delay an
Itnemal Revenue, Denver, Coleman (Ref Colorado Revised Samoa 1973, Chapter 39-26, 114 (a).
exercise my rights or mmedies provided herein a by law, faihtre to promptly natty the Sella m the event of a
beach, the acceptance afar payment for goods hereunder or approval ofthe deems shall.1 release the Seller of
Good Rejected. GOODS REJECTED due to failure he meet spaificatiom, either when shipped or due 10 defer. of
any of the warranties or obligations of this purchew order and shall not be dinned a waiver of my right of the
damage in Imnsit, may be returned to you for cradh and are not to be replaced except upon rabid of worm
purchaser to insist upon strict performance harmfor my arm rights or remedies as to my such good, re,de las
inslmmom from the City of Fort Collins.
of when shipped, received or accepted, as to my pdm or subsequent default hereunder, nor shall my purposed
oral modification or abscission of this purchase order by the Purchaser.,Cram as a waiver army of the tam.
B.petion. GOODS arc subjat to the City effort Collins inspection a neutral.
teacher
Cher
Final Acceptance. Receipt of the merchandise, serhesut or equipment in response to this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
oathonsd payment an the pan of the City of Fort Call.. However, it is to be understand that FINAL
Seller and the Pubehmer raognie that in anal anis practice, overcharges resulting fmm antitrust
ACCEPTANCE is dependent upon completion are][ applicable acquired inspection procedure.
violations are in fact home by the Purchaser. Theretofore, for good caused m ronsidermon for executing this
purchase order, the Seller hereby assigns to the Purchase my and all claims it may now have or hereafter
Freight Term. Shipments must be F.O.U. City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless
acquired under fderal or state antitrust laws for such overcharges relating to the particular good or services
otherwise specified on this order. If permission is given to prepay freight end charge separately, the original freight
purchased or acquired by the Purchaser pursuant o this purchase order.
bit must accompany invoice. Additional charges for Packing will not be accepted
Shipment Distance. Where manufacturers have dishibering points in cup... pans ory, f the countshipment is
expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when
shipments arc made from greater distance.
Permits Seller shall promee at sellers sole cost all neveszary pennies, unificams and license inquired by all
applicable laws, regulations, ordinances and roles of the spite, municipality, territory or political subdivision where
the work is performed, or required by my other duly combined public autbenry having jurisdiction over the work
of vendor. Seller further agrees to hold the City of Tom Collins hennlea from and against all liability and lass
shimered by them by reason of an asserted or established violation of my such laws, regulatiime, adianca, roles
and cm remenrs.
Authorvation. All parties to this contract agree But the representatives art, in fact. boa fide and possess full soda
complete authority to bird said parties.
LIMITATION OF TERMS. This purchase Dow expressly limits mceptmce np the tern. and conditions stated
herein sn forth and any supplementary or additional terms and mnditiom pnnesed hereto or incorporated herein by
reference. Any additional or different erm and conditions proposed by wileare objected to and hereby jested.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make murder, shipment to move on your
promised delivery date as noted. Time is of the aware. Delivery and performance must be ellbetal within the time
stated on the puselmse order ad the documents anached hereto. No acts of the Purchaser including, without
limitation, acceptance of perr ift late deliveries, shall graete m a waiver of fie provision. In the event are, delag
the Purchaser shall have, in addition m other legal and equitable remedies, the option ofplacing this order elsewhere
and holding the Seller liable for damages. However, the Seller shall non No liable for damages as a result of delays
due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault ofeegligence,
such acts of God, was orcivil or military authorities, governmental priorities, fires, strikes, foil, epidemics, was or
riots 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 aair army such delay, he dame of delivery shall be
extended for the period egwl to the rime actually last by reason of the delay.
3. WARRANTY.
The Seller warrents that all good, article, materials and work coverrd by this polar will conform with applicable
drawings, spaiftcations, samples ardor other reticulation given, will he fit for the purposes intended, and
performed with the highest degree of care and mmpele.e in accordance wit occupied standard for work of a
similar mare. The Seller agrees to hold the purchaser bemtless f any loss, damage or expense which the
Purchaser ropy sufferer incur on account of the Sellers breach of waeuarry. The Seller shall replace, repairer make
good, without cosy on the purchaser, my defer¢ in faults arising within one (U year or within such lager period of
time m nay be prescribed by law or by the remns ofay applicable wanany provided by the Seller at the data of
acceptance of the goods famished hereunder (acceptance not to be unremombly delayed), resulting fmm imperfect
or defective work done or materials furnished by the Sella. Areepteme or use of goad by me Purchaser shall not
constitute a waiver of my claim under this wartanry. Except as ofcrwdw provided in this purchpe order, the Sellers
liability hereunder shall <wend mall damages proximately caused by the breach of my of the fsmgmng wafrarmms
a guarantees, but such liability shall in an event include loss of prefix or loss 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 mhos by written men, order.
S. CHANGES IN COMMERCIAL TERMS.
The Forearm, may make any changes m she terms, other thin legal terms, including additions to or deletions !rant
the qua originally unlered in the specificmions a drawings, by verbal o written change He, If any such
change affects the amount due or the time of performance trampler, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, temi.te this agreement as to any or all porriom of the
good then not shipped, subject to any equitable adjustment between the Train as to any work or materials then in
proposes provided that the Purchaser shall not be liable for my claims for anticipated profits on the uncompleted
,onion of the Good an&., work, ter incidental 0r consequential damoea. and that no such adjustment be it, m
favor of the Seller with capon to my goods which are the Sellers staMand stack. No such womiration shall relieve
the Purchaser or the Seller army oftheir obligations as to my good delivered hereader.
). CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be crowned within thirty (30) days win the dam the change or monitored is
ordered.
8. COMPLIANCE WITH LAW.
The Sella warrants that all goods sold hereunder shall base been produced, said, delivered and ( ished in inner
compliance with all applicable laws and regulations to which the good are subject. The Seller shall execute and
deliver such documents as may be requital to effect or evidence compliance. All laws and regulations requital to be
incorporated in agreements of this character are hereby Iocmpnpared herein by this refcnrntt. The Seller agrees in
indemnify and hold the Purchase hamdecs tram all .srs sal damages suR al by the Purchaser as .result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or my monies due or to become due hereunder without the
,nor wriered consent of the order by.
10. TITLE,
The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, am items furnished
in performance or this agreement, free and clear of my and all liens, restrictions, reservations, secur ry interest
encumbrances and claims brothers.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe Purchaser directs 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 to comply, the Purchaser
may case the work on be perfmmod by the most expeditious means available to it, and the Seller shall pay all
casts associated with such work.
The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature
resulting fmm the Performance o'such work.
This release shall apply even in the event of fault or negligence or the party, released aM shall extend to be
directors, oRcers and employes orsucb parry.
The Sellers matrdetual obligation., including wamnry, shall not be deemed be be reduced, in eery way, bec a ee
such work. performed or ausad to he Wfirrmal by the Purehmer.
14. PATENTS.
Whenever the Seller is npuirM ro use any design, devic , mammal a process wverd by Ima, patent, trademark
car copyugh4 the Sella shall indemnify and save harmless the Purchaser from my and all claims for infringement
by reason of the me of such patented design, device, material in process m correction with the contact, and
shall indemnify Ne Purchaser for my me, experow or damage which in may be obliged to Pay by yawn of such
infringement at my time during the prosecution or after the completion of the work. In case said equipment, or
any pan thereof or the intended use of the good, is in such suit held to constitute infringement and the use of
said equipment a pan is enjoined, the Seller shall, at its awn expense and at its option, either procure for the
Purchaser the right to continue using said equipment or Tom, replace the same with substantially am] but
maiM'nging equipment, or modify it so it becomes naninfr'nging.
15. INSOLVENCY.
If the Seller shall become insolvent or benkmpt, make an assignment for the benefit of creditors, appoint a
receiver or notice fur any of the Sellers property or business, this order may forthwith be canceled by the
Purchase without liability.
16. GOVERNING LAW.
The definition oftenw used or the interpretation of the agreement and Ne rights of all parties Immoralist shall be
concaved under it gavemed by the laws afNe Sure ofC.I.d., USA.
The following Additional Conditions apply only in repaces where the Sella is he perform work hereunder,
including the whearm of Sellers Reprewntative(s), on the premiss ofothers.
12. SELLERS RESPONSIBILITY.
The Sella shall arty, an said work at Sellers own risk until the same is Billy completed aM swapped. and shall,
in sse of my acciden, decoction or injury a the work .Nor mat tom before Sellers final completion and
acceptance, complete the work at Sellers own expense and to the sarisfamoo of the Purchases. When materials
.it equipment are Burnished by others for installation aeration by me Seller, the Sella shall recive, unload,
sore and handle came at the site and become responsible therefpr as though such mammals ardor equipment
were being finished by the Sella ads the order.
18. INSURANCE.
The Seller shall, at his own capture, provide for the payment of workers compensation, including occupational
disease benefits, to its employees employed on or in connection with Ne work comical by this purchase order,
andlor to 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 in—owir with bodily injury and death limits oral lest 5300 t10n For any one prison, sSW,000 for any
one accident and preperry damage limit per accident of $400,000. The Seller shall likewise require his
contractors, if my, to provide for such compensation and insurance. Befae any of the Sellers or his commdors
employees shall do any work upon the premises of others, the Seller shall famish me Foreigner with a certificate
that such compensation and insurance have been provided. Such certificates shall specify the date when such
compensation and insurance have been provided. Such cenificata shall specify the date when such compensation
and insurance expires. The Seller ogress that such compensation and insurance shall be maintained until after Ne
moire work is completed and arterial.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby deputies the entire responsibility and liability for my and all damage, loss or injury of my kind
r naum whatsoever to persans or property catered by of resulting fmm the execution of the work Provided for in
this precision, order or in connection herewith. The Seller will indemnify and hold harmless Nc Purchase and any
r all of the Pachai officers, agents ad employees fmm ad against my and all claims, lesson, damages,
charge a, expenses, wbether direct a indirect, ad whether to persons or peculiar, to which the Purchaser may
Ind par to subject by maw. of my a4 steam ere fteu. omission or defult on the pa of the Seller, my of his
c nitracmrs, or any of the Sellers or mlamcmm oRcers, agam do employes. In caw my suit or other
proceedings shall be brought against the Purchaser, or its officers, names or employes at my time on account or
by awn of my net, action, neglect, omission or defauh of the Seller of any of his contractors or my of its or
their oRcers, agents a employes m afar ea d, me Seller hereby agrees to assume the defense thereof and to
defend the same w the Sell. own expense, to pay my and ell mars, charge, attorneys fees and offer expenses,
my and all judgments Oat may be incurred by or obtained against fee Purchaser or any of its a their officers,
agents or employes in such suits or other proceedings, and in case judgment or other lies be placed upon o
obtained against the property bribe Purchases, or said prides in or a a result .f such win or other proceeding.
the Seller will at are a.. the were to be dissolved and discharged by giving band a otherwise. The Seller and
his compactors shall take all ari precautions, famish and install all goad neawry for the prevention of
accidents, comply with all laws and regulations with regard to safety including, but without limitation, the
Occupational Safety and Hwlth Act of 1920 and all roles and regulations issual prompt thereto.
Revised 07Y 014