HomeMy WebLinkAbout116813 INTERWEST SAFETY SUPPLY INC - PURCHASE ORDER - 9147412Fort Collins
PURCHASE ORDER
Date: 12/16/2014
Vendor: 116813
INTERWEST SAFETY SUPPLY INC
195 S NAVAJO ST
DENVER CO 80223-1748
PO Number Page
9147412 loft
This number must appear
on all invoices, packing
sli s and labels.
Ship To: STREETS DEPARTMENT
CITY OF FORT COLLINS
625 NINTH STREET
FORT COLLINS CO 80524
Delivery Date: 12/16/2014 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 IN-10288
1 LOT LS
Total
Pay terms net 30 days
Invoice Address:
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
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department
Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fogov.com PO Box 580
Fort Collins, CO 80522-0580
Page 2 of 2
I. COMMERCIAL DETAILS.
Tax complions. By whom the City of Fort Collins is exempt from state and local axes. Our Exemption Number is
11. NONWAIVER.
98-04502, Federal Excise Tax Exemption Crnificate of Registry 84-6000587 is registered with the Collector of
Failure of the Purchaser to insist upon strict performance of the term and conditions hereof, failure or delay to
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statues 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
batch, the acceptance of or payment for good hereunder or approval argue design, shall not release the Sella of
Good Rejected, GOODS REJECTED due to failure to meet specifcalions, richer when shipped or due to defecrs of
any of the warranties or obligations of this Foochow order and shall not be deemed a waiver of any right of the
damage in transit, may be remmed to you for credit and art not to be replaced except upon receipt of wrinen
Purchase' in insist upon trader performance hereof or any of its rights or remedies an many such goods, regardless
instructions form the City of ran Collins.
of when shipped, received or a v exdl, as 10 any prior or subsequent default hereunder, nor shall any pmpod
oral modification or rescission of this purchase order by the Purchaser operas as a waiver of any of the arms
Inspection. GOODS an subject o the City of Fart Collim inspection an snivel.
hamr.
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can 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 a is practice. overcharges resulting from antitrust
nfor rgood
ACCEPTANCE is dependent cram completion ofall applicable required inspection procedures.
violations cow in fact home by the Purchaser. Theretofore, cause and m consideration for awards, rds, this
purchase order, the Sella hereby assigns to the Purchaser any and all claims it may now have or hereafter
Freight Tama. Shipments most be F.O.B., City of rod Collins, T00 Wood St.. Fort Collins. CO 80522. unless
acquired under federal or sure residual laws for such overehages relating to me panialor goods or sevica
otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight
purchased or acquired by the Furchmer pursuant to this parchase coder.
bill most.... invoice. Additional charges for packing will act be acwmed.
Shipment Distance. Where mnufactuars have distributing points in vanom Paris of the country, shipment is
expected from the dovecot distribution polar to destitution, and excess freight will be deducted foam Invoice when
slpmenas are ma de from greater do...
Permits. Seller shall procure in tillers cote cast all naerary permits, cenificaRs unit litmus required by all
applicable laws, regulations, ad... and m[es of the suer, mmicipaliry, warimry err political subdivision where
the work ex performed, so marmot by any other duly constituted public authority havingjurisdiction over the work
of vendor. Sella Bander agars to hold the City of Fort Collins hamless from and against all loudly and loss
iv<mred by them by anion of an assured or established violation of any such laws, regulaions, oNinanm, calm
and same menns.
Auarriamim. All panda m Nis ...in we dust the representatives am, in fact bow tide odd gone. full red
romplem authority to bind said ponies.
LIMITATION OF TERMS. This Purchas Order expressly limits aC,.. to the it. and sometimes slated
herein set forth and any supplementary or additional term and conditions annexed hcrem or incomamted herein by
referener. Any additional or different terms and conditions pmpmed by seller are objected as and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
promised delivery date as noted. Time is of the women. Delivery cob perfameance mast be effected within,he time
stated on me pmchn . order and the documents attached hereto. No cots of the Purchasers including, without
limitation, acceptance of partizl late deliveries, shall operate as a waiver of this provision. In the event of any delay,
the Purchaser shall have, in addition in other legal and equitable remedies, the option effacing Nis order elsewhere
and bolding the Sella liable for damages. However, the Sella shall not be liable for damages as a result of delays
due to causes not wamrubly foreseeable which am beyond its reasonable control and without its fault of negligence,
such ren ofGnd, an iftivll or military authorities, gt emmmtal Friend., Does, strikes, rood. 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 Sella first received knowledge thereof In the went of any such delay, the date of delivery shall be
extended for the period equal to the time actually lost by damen oftbe delay.
3. WARRANTY.
The Sella warants that all goods, smelt, mamrml, end work covered by this orda will conform with oppli.ble
drawings, specification, samples mgpor other descriptions given, will be fit fir the purposes ienemed, end
performed with the highest degree of core and competence in accordance with accepted standard for work of a
similar nature. The Sella agrees to hold the purchaser harmless foam any loss, damage or expense which the
Purchaser may sufferer incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make
good, without cost to the patch....any defecrs or faulty seising within one (1) year or within such longer period of
time in nay be prescribed by law or by the term of any applicable warranty provided by the Sella after the date of
acceptance of the goad famished hemander (accepmnce not to be umenweably delayed), resulting from impartial
or defective work done or materials finished by the Seller. Acceptance or use of good by the Freshener shall not
continue a waiver of any claim under this wantonly. 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 wa noshes
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 rams by written change order.
5. CHANGES IN COMMERCIAL TERMS.
TTe Parch+ter may make any changes to the temrs, other than legal teens, including solutions to or dclaiens from
the quantities originally ordered in the specifications or drawings, by verhal or written charge order. If any such
change affects the ...an, due or rlw lime of,erfrm nnce hereunder, an equitable mljusunan shall be nume.
6.T'ERMINATI0NS-
The Purchaser may at any time by wridm change order, lernewt a this agreener to to any or all portions of he
goad then not shipped, subject o any equitable adjustment between the parties as to any work or materials then in
progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
portion of the goads and/or work, for incidental or consequential dnmu,sx, and that no such adjustment be made in
favor of the Seller with respect to my good which are the Sellers standard stack. No such lamination shall relieve
the Purchaser or the Seller Irony oftheir obligations as to any goods delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be assented within thirty (30) days Wm the date the change or termination is
ordered.
I. COMPLIANCE WITH LAW.
The Seller warmnn that all gad sold hereunder shell have been produced, sold, delivered and famished in strict
compliance with all applicable laws and regulations to which the good are subject. The Sella shall execute and
deliva such documents as my he required to effect or evidence compliance. All laws and regulaiom required to be
incorporated in agreemns of this character are hereby inempommd herein by this reference. The Sella agrees to
indemnify and hold the Purchmer transient from all casts and damages suffered by the Purchaser in a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall weigh, transfer, or convey this order, or any monies due or to become due hea nder without the
prior written consent crime atherlacoty.
10. TITLE.
The Sella woman full, clear and unrestricted title 1. the Purchaser for all th tipmmL Materials, and item furnished
in performance of this agreement, free and clear of any and all liens, rr mistiam, re5rN3tions. Wooly interest
encumbrances and claims ofi them
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe Purchaser down the Sella to contact ronconfonning or defective good by a date to he agreed upon by the
Forchma and We Sella, and the Sella therea a indicates its iavbdity or unwillingness m comply. me Purchaser
may can. the work to be performed by the coos, expeditious means available to it, and the Seller shall pay all
costs wrowiaud with such work.
The Sella shall release the Purchaser and is mmactors of any der from all liability and claim of my mmre
resulting from the performance of such work.
This marine shall apply even in the event of fault of negligence of the pony relaned and shall extend to the
directors, oRcen and employees ofsuch parry.
The Sellers mmaclwl obligations, including wamoty, shall nm be deemed to be reduced, in any way, became
such work is performed or wined to be performed by me Purchaser.
14, PATIENTS.
Whenever the Sella is handd muse any daigo, desire, mtaial or process covered by Inner, parent, nadarawk
or copyright, the Sella shall indemnify and save harmless the Purchaser firm any and all claim for infringement
by reason of the use of such patented design, device, material or process in correction with the contact, and
shun indemnify the Purchaser for any cost, experxw or damage which it my be obliged m pay by reason ofsuch
infringement at any time during rise 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 m comfifi a InGngemen, and the use of
said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the
Purchaser the eight to cantinue using said equipment or pans, replace the same with subsu rdally equal bur
noninfdnging equipment, or modify it so it becomes marefiringing.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrvpt, make an assignment fen the bearer of creditors, appoint a
receiver or tmtee for any of the Sellers properly or business, Deis amid may forthwith be canceled by the
Pumhe.' without liability.
16. GOVERNING LAW.
The definitions armed, used or the irapatation of the agreement and the rights oral[ parties hereunder shall be
continued under end governed by the laws ofhe Scale of Coloado, USA.
The following Additional Conditions apply only in exact where the Sella ex to arm work hereunder,
including the services M'Sallers Represenative(s), on the premises cradles.
V. SELLERS RESPONSIBILITY.
The Seller shall tarty on said work at Sellers own risk anti[ the same is fully completed and traded, and shall,
in u of any accident, dmmaction or injury to the work auditor mmrials before Sellers fiwl completion and
acceptance, complete the work at Sellers own expense and in line satisfaction of the Purchases. When mmerials
and equipment we Famished by cabers for installation or auction by the Seller, the Sella shall receive, amend,
slaw and handle same a1 the site and become responsible therefor as Hough such medals ardor equipment
were being famished by the Seller under the order.
18. INSURANCE.
Th<Seller shall, at his own expense, provide for the paymal of workers compensation, including occupational
disease benefits, to its employees employed on or in connection with the work covered by this purchase order,
and/or to their dependents in accordance with the laws of the sale in which the work is to be done. The Seller
shall Wan carry compreheusrve general liability including, but not limited W. committed and automobile public
liability insurance with bodily injury and death limits of at lent $300,000 for any one person, 5500,000 for any
one accident and property damage limit per accident of $400000. The Seller shall likewise require his
contractors, 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 famish the Purchaser with a certificate
that such compensation and insurance have been provided. Such aftifcaas shall specify me date when such
compensation and insurance have been provided. Such certificates shall specify the date when each compasation
and insurance expires The Seller agrees that such compensation and announce shall be mummer until after the
retire work is completed and acepad.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the draw responsibility and liability for any and all damage, loss or injury crony kind
or nature whensoever to permits or property missed by or resulting foam the execution of the work provided for in
,his purchase omer m in connection herewith. The Seller will indemnify and hold hamdess the Purchaser and any
r all of the Parchment officers, agents and employees from and ag.irst any 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 wawa of any act action, neglect, omission or default on the pan of me Seller, any of his
contractors, or any of the Sellers or conwrars officers, agents or employees. In case my suit or other
proceedings shall be brought against the Pumhawr, or its oMe., agents or, employees at any time on account or
by drawn of any act action, neglect, omission or default of the Sella of any of his contractors or any of in or
their officers, agents or employees as afore did, the Sella hereby meet to resume the defense thereof and to
defend the same at the Sellers own expense, to pay any and all cons, charges, aromeys fees and other expenses,
any and all judgmens their my be incurred by or obtained against the Purchaser m any of in or their affairs,
agents or employees in such suits or other proceedings, tad in case judgment or other lien be placed upon or
obtained against thc property of the Puwhmer, or said Ironies m or az a rault of web suits or other proceedings,
the Sella will at once cause der came to be dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall take all .fry 7martions, furnish and recall all giants, oaemary for the transaction of
accidents, comply with all laws and regulation with regard to safety, inclndimg, but without limitation, the
Occupational Salary and Health Act of 1920 and all rates and Memmom issued punusual thereto.
Revised 07n014