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HomeMy WebLinkAbout474775 ALLIANCE SAFETY INC - PURCHASE ORDER - 9146905PO PURCHASE ORDER 914690er Page City of PURCHASE 46905 1 of z Flirt Collins( This number must appear ,-\V`I ` V " on all invoices, packing sli s and labels. Date: 11/25/2014 Vendor: 474775 Ship To: ELECTRIC UTILITIES ALLIANCE SAFETY INC CITY OF FORT COLLINS 6610 E 47TH AVE 700 WOOD ST DENVER CO 80216 FORT COLLINS CO 80521 Delivery Date: 11/25/2014 Buyer: WILSON, JILL Note: Line Description Quantity Ordered UOM Unit Price Extended Price Nomex Fleece garments 1 LOT LS 5,658.39 Invoice 90494 dated 10/20/14 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.wm 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 L COMMERCIAL DETAILS. Tax exemptions. By stafte me City of Fon Collin, is exempt from .to and local taxes. Our Exemption Number is I I. NON WAIVER. 98-04503. Federal Excise Tax Exemption Certificate of Registry 84-6000581 is registered with the Collector of Failure of the Purchaser to insist upon said performance of the terms and conditions beteoL failure or delay to Internal Revenue, Damian, Colorado (Ref. Colorado Ranged 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 rpm proace ofor payment for goods hereunder or approval of be design, shall not release the Seller of Goads Rejated. GOODS REIECfED due to failure to men specifications, mire, 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 my right of the damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written Purchaser to insist upon strict performance hereof or any of its rights or remedies as in any such goods, regardless instructions firm the City of Fort Collins, of when shipped, received or accepted, in to any prior or subsequent default hereunder, nor shall any performed am[ modification or rescission of this purchase order by the Purchaser operate m a waiver of any of the terms Inspection. GOODS are subject f be City of Fon Collins impaction on arrival. hereof. Final Acceptance. Receipt of the merchandise, services ar equipment in ta,.a to this older can resnlr in 12. ASSIGNMENT OF ANTITRUST CLAIMS. amhoriud payment on the pan of the City of Fan Collins. However, it is to be understood that FINAL Sella and Ore Purchaser taognim that in acid economic practice, accountants; resulting brain us antitrt ACCEPTANCE is dependent upon completion ofall applicable "not inspection procedures. violation, are in fact home by the Purchaser. Theretofore fogood muse and as comidemron for executing Ws purchase order, the Sella hereby assign, to the Purchase, any and all claims it may now have or hereafter Freight Terms. Shipments most be F.O.B., City of Fact Collin,, 700 Wood St., Fort Collis, CO 80522, unless acquired under Radial or site antitrust laws fur such overcharges relating to the particular goads or services otherwise specified on tuns order. If permission u given to Aral freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill mar arcomwnt, invoice. Additional shares for making will not be, accepted. Shipment Distance. Where manufacturers have distributing Points in varions pans of the country, shipment is expected from the nearest dasalbution point to destination, and excess freight will be deducted from Invoice when shipments ate made from greater distance. Permits. Seller shall procure at sellers sole cost all nommum, Remus, vertifiwtes art licenses requited by all applicable laws, regularities, oediwnca and ales of the stale, municipality, temibry, or Political subdivision where the work is padbrma, or touched by any other duly considered public authority having jurisdiction over rite work of vendor. Seller fuller agrtcs to hold the City of FOR Coition harmless from end against all liability and loss mertrred by them by maan of an asserted or astablishnd violation of any such Laws, regulations, ordirmnces, ales and requirements. AuOmrization. All pmie, to this contact agree that the Irian ativa art, in fuel, bow fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This purchase Osier expressly limits mcepuwe to the terns and conditions rand herein set fond and any supplementary or additional toms and conditions annexed hereto or incorporated herein by reference. Any additional or different rams and conditions proposed by seller am objected to and hardly mjated. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot rake complete shipment to arrive I your promised delivery dam as noted. Time is affair accurate. Delivery and performance must be effected within Nc time stated on the purchase order all the documents attached hereto. No acts of the Purchasers including, without limlu ms , acceptance of,mial late deliveries, shah operate n, a waiver of this provision. In the event of nay delay, the Purchaser shall have, in addition to other legal and equimble remedies, the option of placing this order elsewhere and holding the Seller liable for damages. How , Re Seller shall ram be liable for damages as a result of delays due to couses not mannishly foresxable which are beyond its consumable control and without its fault of negligence, .an was of God, acts ofried or military amhontin , govammental priorities, fires, strikes, flood, epidemic, wars or mots provided bat notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Sella f t received knowledge thereof In the event of any such delay, the date of delivery shall be extended for the period equal to the more actually lost by arson offs, delay. 3. WARRANTY. The Seller warrants Nat all goods, ankles, materials and work covered by this order will conform with applicable drawings, spmificztiom, sample, and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of cart and ammonite in accordance with accepted standard for work of a similar name. The Seller agrees to hold the purchaser harmless fmm any Ims, damage at expense which the Purchaser may suffin or incur on account of the Seller breach of war only. The Seller shall replace, repair m make good, without cost in the purchasm any defects or faults arising within one (1) year or within such longer period of time as may be prcun'bed by law or by the terms of any applicable warranty provided by the Seller after the data of acceptance of the good famished hereunder (actepuwe not to be unreasonably delayed), resulting fmm imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goad by the Purchaser shall not mmumte a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits or loss of me. 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 written change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tames, other than legal times, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written charge order If any such change affects the amount due or the time ofperfomtance hereunder, an equitable adjustment. shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement es to tiny or all paniuns of the goods then not shipped, subject to any equitable adrysntent belwem the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticip rnd pmlils On the uncompleted portion of the goods and., work, for incidental or cousegoemial damages, and that no such isPnommt b, made in favor of the Seller with resprct to any good which are the Sellers sundard stock. No such Nrmination shall relieve the Purchases or the Sella of my oftheir obligations in to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for Wjmtmmt mar be treated within may (30) days from the dam the change or lamination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and punished in stool compliance with all applicable laws and regulations to which the good me subject The Seller shall execute and deliver such documents a may be required to effect or evidence compliance. All laws and regulations punted to be incorporated in agreements of this character are hereby incorporated heroin by this reference. The Seller agora to indemnify and hold the Pumhma hmuleas from all cents and damages suffered by the Purchaser m a result of the Sella failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, in convey this order, or any monies due or b become due horeunder without the prior soon= consent ofthe other parry. 10. TITLE. The Sella warrants fall, clear and unralricted title to the purchaser for all equipment, matmals, and harm furnished m performance of this egmond, free and clear of my and all lime, re tnci ions, raeaatian,. aery, cuninterest mcumbran aand claims of.thers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller ten correct nonconlAmfg or df entve good by a date f be agreed upon by the Purchaser and the Sella, and the Sella drummer indicates its irabilo, car unwillingness to amply, the Purchaser may muse tM work to be performed by the ion expeditious means available to it, and den Sella shall pay all ants acwcimd with such work. The Seller shall release Ne Purchaser and its contracors of my ties fmm all liability and claims of any nature resulting from the Fabricating, of such work. This mleme shall apply even in the event of fault of negligence of the party released and shall extend to the directors, alficcrs and cmplay. of such parry. The Sellers committed obligations, including wammty, shall rot be domed to be reduced, in my way, because such work is performed or caused to be performed by do Purchaser. 14. PATENTS. Whenever the Seller as punted to use any design, device, material or process ravened by letter, patent, trademmk or copyright, the Sella shall indemnify and save harmless the Purchaser from any and all claims for ffnngemem by reason of the use of such parented design, device, material or process b connection with the antran, marl shall indemnify the Purchaser for any am, expense or damage which it may be obliged to pay by. of such infringement at my time during the momentum or after the completion of the work. In case said equiPmmr, or my par thereof or the intended use of the good, is in such suit held to comtimre infringement and the use of said rynipment or pm is enjoined, the Seller shall, an its own expense and at its option, either pmcme for the Puahua the right to continue using said equipment in pans. replace the same with subs batty equal but noninfiinging compositor. or modify it m it becomes ooniM'n ce, 15. INSOLVENCY. If the Seller shall became insolvent or Featuring, make an waigmnent far the benefit of crMimrs, appoint is receiver or trustee for any of the Sellers primary or business, this order may forthwith be canceled by the Putdaser without liability. 16. GOVERNING LAW. The definitions oFri. rand a the interpretation of the agreement and the rights i f all Fights hereutvder shall be comlmcd under and governed by the laws ofthe State of Colomdo, USA. The following Additional Conditions apply only in cases wheat the Sella is to perform work hereunder, including the smices of Sellers Repreanative(s), on the premises c fathers. IT. SELLERS RESPONSIBILITY. The Sella shall carry on said work at Sellers own risk .,it the same is Rally completed and accepted, and shall, in case of my accident, destruction or injury to the work and/or mmmak before Seller's final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment arc furnished by others far installation or erection by the Sella, the Seller shall receive, anlo ii. store and handle same at the ante and become responsible therefor as though such mmenals andtor equipment were being famished by the Sella under the order. 18. INSURANCE. The Seller shall, at his awn expnm, provide for the payment of workers compensation, including Occupational disease benefits, to its employees employed on or in connection with the work covered by this pmebase order, major to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also tarty comprehensive general liability including, but not limited to, committed and automobile public liability insurance with bodily injury and death limits of at least S300,000 for any one person, $300,000 for any one accident and ppary damage limit per accident of S400,000. The Seller shall likewise quire his contractor, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall fiunish the Purchaser with a cemificate that such compensation and insurance have been provided- Such certificates shall specify the date when such compensation and insurance have ban provided. Such certificates shall specify the date whom such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby n,sume, the entire responsibility and liability for my and all damage, loss or injury crony kind or ware whatsoever to persons or property tamed by or resulting from the execution ofthe work provided for in this purchase order or in comennor herewith. The Seller will indemnify and hold hmmless the Purnmer and any or all of the Purchmers oReers, agents and employees from and against my and all claims, losses, damages, Charges Or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of any act, action. neglect omission or default on the pan of the Seller any of has contractors, or my of the Sellers or contiacton oReers, agents or employees. In case my suit or other pruarmaim s shall be brought against the Purchaser, or am officers, agents on employees at any time on account or by reason of any sa notion, neglect, omission or default of the Seller of any of his contractors or my of its or their officers, agents or employees in aforesaid, the Seller hereby agrees in assume the defame thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, minx is fees and other asperses, any and all judgment, shot may be incurred by or obtained against the Purchaser or any of its or than myoust, agents or employees b such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the propemy of the Purchaser, or said parties in re as a result of such Baits or other Proceedings, the Seller will at more muse the same to be dissolved and discharged by giving band or otherviu. The Sella and his contractors shall take all safety precautions, Finnish and inamll all guard nneasary for the prevention of accidents, Imply with all laws and regulations with regard to safety including, bur without limitation, the Occupational Safely all Halt Act of 1970 and all roles and regulation, issued pursuit bear. Revised 01R014