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HomeMy WebLinkAbout474775 ALLIANCE SAFETY INC - PURCHASE ORDER - 3214341 (3)Fort Collins Date: 11/25/2014 Vendor: 474775 ALLIANCE SAFETY INC 6610 E 47TH AVE DENVER CO 80216 PURCHASE ORDER PO Number Page 3214341 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: 11/25/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 3 Addendum to add additional 1 LOT LS 8,000.00 funds per req 48585 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 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 DETADS. Tax exemptions. By samm the City of Fart Collins is exempt fmm stale and local taus. Our Exemption Number is 11. NONWAIVER. 98-0a502. Federal Excise Tax Exemption Cmificam of Registry RI.6000587 u rapomms, with the Collector of Failure editor purchaser to insist upon strict pertosmarce tribe terms and rnrWii ons hereof, failure or delay to Mensal Revenue, Denver, Colorado (Ref. CidmadC Ra wd Samoa 1973, Chapter 39-26, 114 (a). exerc¢e my rights or remedies provided herein or by law, failure to promptly notify the Seller in me event of a breach, the acceptance afar payment fen goods hereunder or approval of the design, shall let relmw the Seller of Goods Rejected GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warmntia or obligations of this purview order and shall not he deemed a waiver of any right of the damage in t.mit, may IN, normal to yam for credit and arc not no be rplaad except upon receipt of wrinen Proxhasser 10 insist upon strict pert ante Immure, my of its rights or remedies as W any such good, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as W my prior or subsequent default hereunder, nor shall my porported oral madification or rescission of this purchase order by the Purchaser operate as a waiver of any of the rears Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12, ASSIGNMENT OF ANTITRUST CLAIMS. mtha rased payment an the pm of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser mcopium that in actual aura is pounce, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedure. violations are in fact home by the Purchaser. Theretofore, for good cause and in consideration for executing this pmcherse order, the Seller hereby assigns W the Purchaser my and all claims it may now have or hereafter Freight Teals. Shipments most be F.O.B., City of Fan Collins, 700 Woad SL, Fair Collins, CO 80522, unless acquired under federal or sate antitrust laws for such overcharges relating W the particular good or services whervi. specified on this order. If permission is given to prepay freight red charge separately, the original freight purchased or acquired by the purthazer pursuant to this purchcoe sales. hill muss mmmeanv invoice. Addiuoul chases far catkin will not M acreoted. Shipment Disputes. Where manufsmare s have distributing paints in m. parts of the country. shipment u expected fmm the actual distribution point to dedication, and excess freight will M deducted from Invoice when shipments one made fmm greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and mles of the sole, municipality, territory or political subdivision where the work is performed, or required by any other duly ca rtio ed public authonry having jurisdiction over the work of vendor. Seller further agrees to hold the City of For Collins hamdess from and against all liability and loss incurred by them by reason of an toward or established violation of any such laws, regulations, ordinances, ales and on m tents. Authorization. All Fortis to this contract agree that the representatives are, in fact, bona fide and possess full and empiric authority W bind said pmia. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance W the is. and cot Mine- stated farm set forth and my supplementary or additional tear and Conditions amazed h=W or incorporated herein by reference. Any additional or ditT uemn and conditions pmposW by wller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment W arrive on year Promised delivery die. noted. Time is ofthe esmce. Delivery and performance mast M elected within the time stated on the purchase order and the documents inched heseto. No acts of rise Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shal I have, in addition to other 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 for damages ns a result of delays due to comes not reasonably fmserable which arc beyond its reasonable control and without its fault of negligence, such nets of God, nets of civil or military authorities, 6evanownral Founder, fires, strikes, Bond, epidemics, wars or riots provided that notice of me conditions causing such delay is given to the purchaser within five (5) days of fie time when fie Seller first received knowledge memo[ In fie event of my such delay, the date of delivery shall M extended for the Faust equal W the time actually lost by reason offe delay. 3. WARRANTY. The Seller wat. 8 that all good, anicls, matebaB od work covered by Us order will conform with applicable drawings, specifications, mmpls andrm other descriptions given, will M fit for, the purposes intended, and performed with the highest degree of care arM competence in acwNnnce wit accepted standard for work of a similar nature. The Seller agrees to hold fie purchaser Modecs fmm my loss, damage or expense which the Purchaser may suffer or incur an account offe Sellers breach ofwmtmty. The Sella shall replace, repair or make good, without cast to the ruminative, my defects or faults arming within one (1) year err within such longer period of time as may M precdbal by law or by fie temp of any applicable warranty provided by the Seller alter the date of acceptance of the good f Isis d hereunder (sca, ance not W be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purcbaer shall not constitute a waiver of my claim under this warranty. Except as ofawiw 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 ofprofiu or loss of rue. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purcbaer may make changes W legal demo by written change order. 5. CHANGES IN COMMERCIAL TERMS. The, Pureharva may make my ebmga ne the tetra, other Jun legal mom, including additions to or delaioru fmm ,he quarion. originally nMereJ on the apaificariowo or drawings, by vedal or no. change Coder. If any soh change artecu the amount due or fie time of performance hereunder, an equitable adjmtment shall be made. 6. TERMINATIONS. The Purchaser may W any time by written change order, mmtimte this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the pantie as to any work or removals then in pmgras provided far the Purchaser shall not be liable for any claims for anticipated prolds on the uncompleted portion of the goods and/or work, for incidental o Consequential damages and that no such a ijualmeto M made in favor of the Seller with respect W any goods which am the Sellers standard stock. No such termimrion shall relieve the Punchiest or the Seller of my of their obligations a to any goads delivered hereunder. 9. CLAIMS FOR AINUSTMENT. Any claim for adjustment must M normal within fiery (301 days from the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Sella warrants fat all good sold herunder shall have been produced, sold, delivered and fumlshed in inner Compliance with all applicable laws and regulations an which fie good are subject. The Sella shall execute said deliver such dacumms co may M respond no eflta or evidence Compliance. All laws and regulations required W be mac rpomsed in agreements off, character are hereby inempo.ted herein by this reference. The Sella agrees to indemnify and hold fie Pardoner harmless from all costs and damages suff rd by fie Purchaser or, a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither puny shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written cement of fie afar party. 10. TITLE. The Seller waaots full, clear and unrestricted title to the Purchaser far all equipment, materials, and it. banishes! I. Pa.. of this agreement, face and clam of my od all liens restrictions. reservations, warriry interest encumbrances and claims ormbers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Sells to correct nooConforming or defective goods by a date to M agreed upon by tha Purchaser aM the Seller, and fie Seller thereafter firlowe its inability or unwillingness to comply, the Porchaer may cause the work to M performed by fie most expeditions means available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of my tier from all liability and claims of my nature resulting from the perk rmance 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 oftech parry. The Seller's Command obligations, including warranty, shall not be deemed to M rimed, in my way, because such work is performed or caused W M performed by the Purchaser. 14. PATENTS. Wherever the Seller is Criminal W use my design, device, maenad or process covered by left , parent, tredemak or Copyright, the Seller shall indemnify and save hornless the purchaser fmm my and all claims for infringement by reason of the use of such patented design, device, material or process in momentum with the Comma, and shall iMemnify the Purchaser for my cost, expense or damage which it maybe obliged W pay by reason of such infringement at my time during the prosecution or offer the completion of the work. In rase said equipment, or my part thereof or the intended use of the good, is in such suit held to Constimm infringement and the use of said equipment m part 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 parts, replace the same with substantially equal but mainfr'nging equipment, or modify it so it becomes mninfnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver err =me for my of the Sellers property or business, this order may forthwith be canceled by the Ponfouse, without liability. ifi. GOVERNING LAW. The defirtitioes oftemts word or the interpretation of the agreerrent aid the rights of all From, hereunder shall be consbued under and govcmed by the lax, ofthe State ofColo.do, USA. The following Additional Conditions apply mi, in Cases where the Seller is W perform work h=wsim, including the service of Sellers Repmermo tive(s), an the premises of others. IT. SELLERS RESPONSIBILITY. The Seller shall carry on said wok at Sellers own risk moil the same is fully completed and stapled, and shall, in u of any accident, detraction or injury to the work arbor materials before Sellers final completion and acceptance, complete the wok a Sellers own expense and to the satisfaction of the producer. user. When materials and equipment arc famished by ofers for instillation or erection by the Sells, the Seller shall receive, unload, store and handle sonic at the site and became responsible therefor ns tough such materials odor equipment were being fmished by the Seller mulr fie order. 18. INSURANCE. The Sella shall, in his own espeee, provide for the payment of wok= compasztion, including compaiared diseaw benefits, to its employees employed on or in coaneaion with the work covered by this pur row order, aoNor to their depcMenu in accordance with the lax, of the stem in which fie wok ts to Na done. The Sella shall alto carry Comprehensive gene.[ liability including, bur not limited W, examsenul and automobile public liability insvrmee with costly i Jury and drum limits of at main S300,000 for my one pawn, S500,00o for my one accident and property damage limit pes accident of 540g000. The Sella shall likewise require his contractor, if my, to provide for sock compensation and insurance. Before my of the Sellers or has contractors employees shall do any wok man the Premiss of c fe x. the Sella shall famish Our Purchaser with a mocifncam fat such compensation and insurance have ban provided. Such certificates shall speiry the dam when such ompensation and insurance have Men provided. Such emitcater shall specify the dale when such compensation sad resonance expires. The Seller agrees Rut such compensation and inernmer shut[ be maintained it after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire mapomibility and liability far any and all damage, loss or injury aI., kind or mare whowever W persons or property caused by or resulting from fie execution of the work provided for in this pmchow order or in connection herewith. The Seller will indemnify and bald hsamlcss the Purchaser and my r all of the lambastes officers, agents and employees fmm and against my and all claims, lows, damages, Charges or expenses, wheher direct or indirem, and whether W persons or property W which the Porticoes may M or or subject by ¢scan of my mL acutn, neglect omission or default on the part of the Sella, any of his contactors, or my of the SCII= or Comments officers, agents in moployar. To case my suit in other proceedings shall M bought against the facedown, or its officers. agents or employees at any time no mcound or by reasan of my let, action, neither, omisslan or default of the Sella of any of his Contractors or my of its or their afters, agents or employers as aforesaid the Sella hrbby agrees to asume the defense thereof and to defend the same at Sellers own expense, to pay my and all costs, charge,.1.11 fares and other expenses, any and all judgments that may M incurred by or obtained against the Purchaser or my of its or their ofc=, agents or employees in such suits or other proceedings, and in caw judgment or other lim be placed upon or obtained against the property of the purchaser, or said parties in or as a result of such suits or other Proceedings, fie Sella will at once Caw the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety reactions, Furnish and install all guards necessary for fie prevention of accidents, Comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Half Act of 1970 and MI rules and regulations issued pursuant thereto. Revised 09l2014