Loading...
HomeMy WebLinkAbout436861 AM CONSERVATION GROUP INC - PURCHASE ORDER - 9147369PO PURCHASE ORDER 914736er Page CI�/ of PURCHASE 9147369 1 of 3 F^rt ( oilins on allI Invoices, must appear '.I\V`, V ` �7 on all Invoices, packing �sllps and labels. Date: 12/12/2014 Vendor: 463861 Ship To: WATER UTILITIES AM CONSERVATION GROUP INC CITY OF FORT COLLINS 2301 CHARLESTON REGIONAL PARKWAY 700 WOOD ST CHARLESTON SC 29492 FORT COLLINS CO 80521 Delivery Date: 12/12/2014 Buyer: PAT JOHNSON Note: Line Description Quantity Ordered UOM Unit Price Extended Price i COMMUNITY PROGRAMS 1 LOT LS 1,017.00 MASSAGE SHOWERHEAD N2915V 2 COMMUNITY PROGRAMS 1 LOT LS 1,047.00 MASSAGE SHOWERHEAD N2915CH 3 COMMUNITY PROGRAMS 1 LOT LS 930.00 KITCHEN AERATOR N3115VP-FC 4 COMMUNITY PROGRAMS 1 LOT LS 325.00 FAUCET AERATOR N3210-SAW 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 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Fort Collins PURCHASE ORDER PO Number Page 9147369 2o13 This number must appear on all invoices, packing sli s and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 5 COMMUNITY PROGRAMS 1 LOT LS330.00 FAUCET AERATOR AMFAL5A 6 COMMUNITY PROGRAMS FAUCET AERATOR FA011 7 COMMUNITY PROGRAMS TOILET DISPLCMNT BAG N3137 a COMMUNITY PROGRAMS LEAK DETECTION TABS 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.wrn 1 LOT LS 1 LOT LS 1 LOT LS 150.00 247.50 140.00 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 Fart Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-d 0i is registetd with the Collector of Trimmed Revenue, Denver, Colorado (Ref Colomdo Revised Statutes 1973, Chapter 39-26, 114 (a). Goods Rejected, GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in tourer, may be returned to you for credit and are not to be replaced except upon receipt of written instructions from the City of Fort Call ins. Inspection. GOODS are subject to the City of pop Collins inspection an arrival. Final Acceptance. Raeipt of the merchandise, services or equipment is response to this parr, tun mesh in aahoriced payment on the pap of the City of Fort Collins. Iloweveq it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspction procedures. Freight Terms. Shipments must be EO.D., City of Fan Collins, IN Woad St., Pon Collins, CO 80522, unless oNewise apaifed on this ardor. If permission is given m prepay freight and charge separately, the origioal freight bill must accompany invoice. Additional charge for perking will Trot he accepted. Shipment Distance. Where manufacturers hive distributing Points in various pans of the country, shipment is expected from the nearest dlsWbulion point to destination, and excoss freight will be dappled fmm Invoice when shipments are made from Groner distance. Permits. Seller shall procure at sellers sole our all naesaary pennies, certificates road licetsc required by all applicable laws, regulations, ordivnec and miss of the some. municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority havingjurisdietion over the work of vendor. Seller further agrees to hold the City of For Collins hatless from and against all liability and loss incurred by them by reason of an asserted Or established violation of ony such laws, regulations, ommunces, rules and requirements. Autlroriation. All parties to his ..Me, agree that the representatives are, in fuel, bow fide and possess full and complete maturity to bird aid panics. LUMITATION OF TERMS. This Purchase Order expressly limits acceptance m the arms mad conditions stated herein set fort and any supplementary, or additional terns and conditions aunexed herein or incorporated herein by reference. Any additional or di therenueme, and conditions propose(] by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifwu atmot make complere shipment m arrive on your Proposed delivery date as noted. Time is ofthe sane. Delivery and performance most he effaced within the lime stated on the purchase order and the documents attached hereto. No sots of the Patricers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event army delay, the Purchaser shall have, in addition to other legal and equitable remaies, the option of placing this order elsewhere and bolding the Seller liable for damages. Hoaxes , the Seller shall not be liable for damages as a result of delays due to muses not responsibly foreseeable which are beyond its reasowble control and without its fault of negligence, such ace, ofGod, acts ofcivil or military authorities govenunenol priorities, fires, strikes, flood, epidemics, wars 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 lhereoC In the event of any such delay, the date of delivery shall be expanded for the period equal to the time actual ly lost by reason of the delay. 3. WARRANTY. The Seller wmaos that all goods, articles, married, and weak covered by this order will confirm with applicable drawings, specifications, samples ardor other descriptions given, will be tit for the purposes inward, era performer with the highest degree of care and ex mpekne, in accordance with accepted standards for work of a miler pure. The Seller agrees to hold the purchaser harmless from any lass, damage or expense which the Purchaser may suffer or incur on account Of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the parle seq any defects or faults arising within one (1) year Or within such longer perind of time us troy be pmscriba by law or by the corms of any applicable wormy provided by the Seller after the dam of acceptance of the goods famished hm=u (acceptance not to he unreasonably delays), resulting from imperial or defective work done or mmenals burnished by the Sella. Acceptance or use of goods by the Purchaser shall Out onstimk a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hersuada shall extend to all damages proximately caused by the breach Of any Of the foregoing wapantic or guarantees, but such liability shall in no event include loss of profits 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 to. by wri en change ofda. 5. CHANGES IN COMMERCIAL TERMS. The Purchoser may make tiny changes to the terms, other than legal tams, including additions to or delelians fmm the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change tiff bi meamount due or the fine of,ificrance hereandeq a a equitable adjustment shall be made. fi. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the parties as to my work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the tope plesed portion of the good major work, for incidental or consequential damages, and that no such adjustment be made in favor arm. Seller with —,a, many good which ore the Sellers standard stock. No such termination shot relieve she Purchaser Or the Seller crony oftheir obligadmrs as to any good delivered hereunder. 2. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) dap front the date the change or armunation is ordered. 8. COMPLIANCE WITH LAW. The Sella warrants rho all goods sold fiereuroder shall have been produced sold, delivered and fumisha in strict compliance with all applicable laws and regulations to which the good are subject The Sella shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporation] in agreements of this character are hereby incorporated herein by this reference. The Sella agrees to indemnify and hold the Purchaser tearless from all costs and damages su1R ed by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall souign, rufef, or covvey this order, or any pa ill due of to become due hereunder without the prior winners consent ofthe other parry. IR TITLE. The Seller warrants bull, clan and unrestricted title w the Purchaser for all equipment, materials, and i¢tm fmnisha in performance of phis agennent, free and clear of any and all firms, suenaions, rmations, security interest encumbwne and claims afafters. 11. NON WAIVER. Failure of the Purchaser to insist upon strict pelf warm of the terms and conditions hereof, failure or delay m exerciu any rights m remaies provided herein or by law, failure to promptly notify the Sella in the event of a bench, the ma m mofor paymentfor goods hereunder or approval oftlm design, shall not relae, the Sella of any of the warranties or obligations of this purchase order and shall not be domed a waiver of any right of the purchaser to most upon strict performance hereof or any of its rights or remedies as to any such Goods, regardlus of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rccission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust violations me in fact bore by the Purchaser. Theremfore, for 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 acquired under federal or state national laws for such ovacharga relating to the particular goods or services purchased or acquired by the Purchaser Pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Pumhaer directs the Seller to correct nonconforming or defective good by a date to he agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may a.. the work to be pMortned by he must expeditious means available to it, and the Seller shall pay all curls associated with such work. The Sella shall sleue the Purchases and its contactors of any ties from all liability and claims of any names mulling fmm the performance ofsuch work. This release shall apply even in the ever, of fault of negligence Of the pap, retained and shall extend to the directors, ofhca, and employees ofsuch party. The Stiles contractual obligations, including watanry, shall not be deemed to he sauced, in any way, because such work is performed ar caused ro be perfosma by the Purchases. 14, PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright the Sella shall indemnify and save harnkxs the PmchNa from any and all claims for immngement by peppers of the tau of such peoppred design, device, material or proass in counection with the contract, and shall indemnify the Purchaser for any east, expense or damage which it may he obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the weak. In case said equipment, or any pan thereof or the intended use of the goods, is in such suit held to camtimte infringement and the use of said equipment or pan is enjoined, the Seller shall, at its awn expense and at its option, either proame for the Purchaser the right m continue in, said equipment or parts, replace the some with substantially and but naninfnnging equipment, or modify it so it becomes amonMnging. 15. INSOLVENCY. If the Sella shall become insolvent m bankrupt, make as uniform, for the benefit of creditors, appoint a river or .1. for any of the Sellers property or but.., this order may forthwith be canceled by the Purchaser without liability. in. GOVERNING LAW. The definitions offoras used or the interyressmas ofthe agreement and the rights ofall panic hereunder shall be .mred undo and govema by the laws ofthe State ofCalmodo, USA. The following Additional Conditions apply only in cases where the Sella is to Perform work hereunder, including the services of Sellers Reprearessive(s), on the purposes of others. 12. SELLERS RESPONSIBILITY. The Sella shall any, as aid woh 91 Sellers own risk aatil the same is fully.mpl,ed and accepted, and shall, in case of any accident, destruction or inryry to We work NO, materials same, Sellers final compl,i. and acceptance, complex the work at Sellers own expense as to the satisfaction of the Perchance. When mmerials and equipment we famished by others for installation or martian by the Sella. the Seller shall receive, unload, store and handle same at the saw and became raponsible them]., as though such materials md/m equipment wart being ambushed by the Seller under the order. 18. INSURANCE The Sella shall, in his own expense, provide for the paymrnt of workers compnwtion, including beempothand disease benefits, to its employees employed an or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the state in which the work is in be, done. The Seller shall also carry comprehensive general liability including• but not limited to, contractual and automobile public liability insurance with bodily iryury and death limits of at least $300,000 for any one person, $500,000 for any e accident and property damage limit per accident of S400,0)). The Seller shall likewise rryulre his .mmetors, if any, to provide for such mmpeomp on and i.se. Before any of the Sellers or his contamars employees shall do any work upon the premises of others, the Sella shall famish the Purchaser with is annual, that such compensation and insurance have been Provided Such certificates shall specify the dam when such compensation and insurance have been provided. Such cafficaks shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completes and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby usumes the Aire responsibility and liability for any and all damage, Ions m injury army kind or velum what mse ver to persons or property tamed by or resulting from the execution ache work provided fen in ,his purchase oMe, or in connection herewith. The Sella will indemnify and hold harmless the Purchnsa and any or .II of the Purchase officers, agents and employees fmm cod against any and all claims, losses, damages, charges or expenses, whether direct or indirem, and whether to persons or property to which the Purchase may be put or subject by reason of any act, action, neglect, omission or default on the par of the Sella, any of his commerce, or any of the Severs or .mrsaoe, oMcm, agent, or employers. In rase any suit m other proceedings shall be brought against the Purchase, or its officers, agents or employees many time on account or by reason of any act, action, neglm, omission or default of the Seiler of any of his contsacors or any of its ar their officers, agep or employees as aforesaid, the Sella hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and .,her expenses, any and all judgments that may In, incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed claim at obtained against the property ofthe Purchaser, or said panic in or as a result of such suits or other praeaings, the Seller will at once cause the same to be dissolved and discharged by giving bond or othewiae. The Sella and his contractors shall take all safety interactions, f ish and install all guard necessary for the prevention of accidents, comply with all laws as regulations with regard to safety including, but without limitation, the Occupational Safety and Hedth Act of 1970 and all rates and regulations issued pursuant thereto. Revised 02R014