HomeMy WebLinkAbout452925 INTERSTATE ALL BATTERY CENTER - PURCHASE ORDER - 3215001PO
PURCHASE ORDER 3215001 Page
Clty. of PURCHASE
3215001 1012
' `t Collins
Ins This number must appear
V ` on all invoices, packing
sli s and labels.
Date: 0110212015
Vendor: 452925
Ship To:
TRAFFIC OPERATIONS
INTERSTATE ALL BATTERY CENTER
CITY OF FORT COLLINS
300 WILLOW ST
626 LINDEN STREET
FORT COLLINS CO 80521
FORT COLLINS CO 80524
Delivery Date: 01/02/2015
Buyer:
Note:
Line Description
Quantity
Ordered
UOM Unit Price Extended
Price
Battery Supplies
1 LOT
LS 1,000.00
Annaul
P
I'I4l'{
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. COMMERCLALDEfAIIS.
Tax exemptions. By statute the City of Fort Collins is exempt Sam sure and ]mat taxes. Our Exemption Number 0
I L NONWAIVER.
98-0.i502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is mustered with Me Collector of
Failure of me Pumhmv u insist upon strict performance of the acmes and conditions hereof, laila m or delay to
Internal Revenue, Drover, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a),
exercise any dghrs or remedies pmvi a hemin en by law, failure to promptly notify the Sella w the event of o
breach, the incepmnce of or payment for good hereunder or approval of the design, shall not release the Seller of
Goods Rejected, GOODS REJECTED due to failure to men specifications, either when shipped or due In defects of
any of the warranties or obligations of this frustrate order and shall not be deemed a waiver of any right of the
damage in transit, may be mumed to you for audit and art not to be replaced except upon receipt of written
purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such rands, regardless
instructions fmm the City of Fan Collins.
of when shipped, received or occurred, as to any prior or subsequent default her ands, nor shall my proclaimed
am[ modification or reachnion of this purchase color by the purchaser operate as a waiver of my of the arms
Insulation. GOODS are subject m the City of Fall Collins inspection an arrival.
herrof.
First Arceral Ramalt of the merchandise, services or equipment in response m this a der can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
within eel payment on the put of the City of Fort Collins. However, it is go be understood this. FINAL
Sella and the Purchaser rtogniu Mat in actual ec is Practice, overcharges resulting frommriwst
ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures.
violations art in fact home by the Purchaser. Theretofore, forgoodclox and w consideration for executing this
purchase order, the Seller hereby assigns to the purchaser any and all claims it may taw have or hereafter
Freight Tears. Shipments must be F.O 1., City of Fart Collins, 700 Wood St., Fort Collins, CO 80522, unless
acquired under faced or state antitrust laws for such overcharges relating to the Particular goods or services
otherwise specified on this order. If permission is given m prepay (might and charge separately, the original freight
purchased or acquired by the Purchaser pursue to Otis purchase order.
bill must accompany invoice. Additional charges for Packing will at be incepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufcturers have distributing points in various puts of the country, shipment is
Ifthe Purchaser directs the Sella to correct nonconforming or defective goods by a&to to be agreed upon by the
expected from the neemst distribution Point ra destitution, and excess freight will be demand from Invoice when
Purchaer and Me Seller, and the Sella thereafter indicates its inability or unwillingness to comply, the Purclo er
shipments are made Tom greater distanc,
may ca= the work to be performed by the most expeditions meets available m it, and the Seller shall pay all
casts associate with such wank.
Pamirs. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all
nppliwble laws, regulmiom, whom. end tales of the .to, municipality, hariury a political subdivision where
the work is performed, or requires by any other duly mtutimted public autboriry having jurisdiction over the work
Of vendor. Sella fuller agrees to bald the City of Fart Collins harmless fmm and against all liability and loss
incurred by than by mason of an asserted or established violation of any such laws, regulations, admances, rules
and requirements.
Authonmtion. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and
complae authority to bind said parties.
LIMITATION OF TERMS. This Purchow Omer expressly limits acceptance to the team and conditions state
herein set forth and my supplementary or ndditioml terms and conditions aanexed Inman or incorporated herein by
mferrncc. Any additional or dif tat temp and conditions proposed by seller are objected In and hereby mjatM
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment o arrive an yam
promised delivery date es noted. Tim is of Me essence. Delivery and performance must be effected within the time
stated on the purchase order and the documents amscha hotels. No rats of the Pumhazm including• without
limitation, acceptance of pamial late deliveries, shall maim as a waiver of this provision. In the event of my delay,
the Purchaser shall have, in addition mother legal and equitable remedies, the option ofplacing this.,der elsewhere
sad holding the Seller liable for damages. However, the Sella shall or be liable for damages as a result of delays
due to causes not reasonably foreseeable which are beyond its reasmable control and without its fault of negligence,
such ace of God, arcs wrivil or military authorities, goteenrol priorities, Ems, strikes, Rood, epidemics, wars or
new provided Just notice of the conditions causing such delay is given m the Powhow. within five (5) days of the
time when the Sella f t received knowledge Nemsf. In the event of my such delay, the date of delivery shall be
extended for the period equal to the time inmdty lost by reawa of the delay.
3. WARRANTY,
no Sella warrants Nat all goods, articles, materials tad work covers by this order will anfonn with applicable
drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and
performed with the highest degree of cure and competence in accordance with accepted standards for work or a
similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the
Purchase may suffer or incur on account of the Sellers breach of warranty. The Sella shall replace, repair or make
good, without cost to the purchaser, any defects or faults onsing within one (1) year or within such longer period of
time as may be pracrlbal by law or by the terms of my applicable warranty provided by the Seller after the date of
acceptance of the goods munisha hereunder (acaptmee not to be umeasorebly delayed), resulting firm imperfect
or defective work done or mmesiah Tombs by the Sella. Acceptance a use of goads by the Purchaser shall not
..done a waiver army claim under this warranty. Except ss aderwice provided in this purchase order, the Sellers
liability hereunder shall extend m all damages proximately sauna by the breach ofmy, of the foregoing wmanties
or gummems, but such liability shall in era event include loss ofp.r. 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 tomns by amber change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other than legal tents, including additions m or delainns from
the quantities ongimlly ordered in the specifications or drawings, by veal or written change color. If any such
change afRas the amount due or the time ofperformance hereunder, an equitable w1justment shall be made.
6. TERMINATIONS.
The purchaser may at any time by written change order, terratione this agreement as to any or all potions of the
goods then not shipped, subjm on any equitable adjustment between Me paniw w to any work or mmeriats that N
progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the ancomplaa
pinion of the goods and/or work, for incidental or comequemial damages, and that no such adjustment M made in
favar of the Seller with respect to any goods which are the Sella standard stock. No such termination shall relieve
the Purchaser or the Seller of any of their obligations as to my goods delivered haemder.
). CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be assured within Mary, (30) days ram the date the change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Sella warrants that all gads sold hereunder shaft have been produced, sold, delivered and famished in spirt
compliance with all applicable laws and regulations in which the good are subject The Sella shill execute and
deliver such documents as may be required a eft t or evidence compliance. All laws and regulation required to be
incorporated in agreements of this character are hereby incoryorated herein by this reference. The Sella agrees to
indemnify and hold the Purchase harmless form all costs and damages su@red by the Purchaser as is result of the
Sellers failure m comply with such Ina.
9. ASSIGNMENT.
Neither pv fy shall assign, pansfr, or convey this order, or my monies due or to become due hemunder without the
poor wrimm comma of the other party.
10. TITLE.
The Seller warrants full, clear and uuestricted tide to the purchuer for all equipment, materials, and items f fished
in performance of this agreemanL fire and clear of my and all lions, reahictione, reservai mse. security Mimosa
encumbrances cad claims of others.
The Seller shall release the Purchaser and its contractors of any her from all liability vN claims or any ry um
resulting from the Palmer— of soh work.
This release shall apply even in the event of fault of negligence of the party relented and shall extend to the
directors, ifcas and employees crimes P.M.
The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, became
such work is performer or caused m be perfama by the Purchaser.
14. PATENTS.
Whenever the Sella is required to use my design, device, mmmal Or process covered by later, patent, eademark
copyright the Sella shall indemnify end save harmless the Pembina f any and all claims for iaf ingement
by ncwwn of the use of such pmentd design, levier, material or process in connection with the contract and
shall indemnify the Purchaser for any east expemr or damage which it may be obliges 0 pay by reason ofsuch
infringement at my time during the prosaution or after the complaint of the walk. In one said aryipment, or
my pat thereof or the intended use of the goods, is in such suit held to constimm infringement and the use of
said equipment or pat is enjoins, the Sella shall, at its own expense and at its option, either Foram for the
Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but
noninfringing equipment, or modify it so it becomes noninfnnging.
15. INSOLVENCY.
If the Seller shall become moushant of bandrupt rake an assignment fro the boner, of creditors, .,paint e
or vnsam far any of the Sellers propetry, a business, this cola stay forthwith be, canttla by the
purchaser without liability.
16. GOVERNING LAW.
The definitions ofterms used or the interpretation ofthe agreement and the rights of ell Forties haeunda shall be
construed ender and gorema by the laws of the Sum of Colorado, USA.
The following Additional Conditions apply only in onus where the Seller is to perform work heremder,
including the services of Sellers Rurreseadmi,p), oa the premises o tames.
12. SELLERS RESPONSIBILITY.
The Sella shall carry on said work at Sellers own risk until the sure is fully completed and inceptor, and shall,
in case ofmy accident, doorwtion or may as the work andor materials before Sellers feat completion and
acceptame, complete the work in Sellers own expanse e and to the satisfaction of the purchaser. Whoa aftenals
and equipment the fumoha by others for insulation at erection by the Sella, the Sella shall receive, unload,
stare and handle same to Me site and become rospumible therefor m through such materials rand'., equipment
were him, fumuha by the Sella order the order.
18. INSURANCE.
The Sella shall, at his own expense, provide for the payment of warkm comp reation, 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 state in which the work is ro be done. The Seller
shall also carry comprehensive general liability including, but not limited to, contractual and automobile public
liability insurance with bodily i jury and death limns of at least S3W,M for my one poser, S500,000 for any
accidentam and property, damage limit per accident of S40C.". The Seller shall likewise require his
contractors, if any, to provide for such compensation and irnuanm. Befom any of the Sellers or la contramrs
employees shall do any work upon the premises of orders, Oe Sella shall fish the purchaser with a cemifilale
Nat such cnmpacatian and '.,.seance have hem provided Such certificates slut] specify me date when such
compensation and macrame have bren provided. Such certificates shall specify the date when such compensation
and insurance expires. The Sella agrees that such compensation and insurance shall to norm mined until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby mmmes the entire responsibility and liability for any end all damage. Ims ar injury of., kind
nature whatsoever to persons or property caused by or resulting from Me execution of the work provided for in
this purchase order or in ar mection herewith. The Sella will indemnify and hold harmless rho Purchaser and any
or all of the Purehssm mll allows and employees from and against any and all claims, losses damagcs,
charges or expenses, whether direct or indirect, and whether to pawns or pmpemy to which the Purchaser may
he put or subjat by reason of my act action, neglect, omission a default on ale pan of the Seller, my of his
embeemon, or any of the Sellers or contractors officers, agent or employers. In case my suit or other
proceedings shall be brought against the Nuclei or its officers, agents or employees many time on account or
by reawn of any am, motion, negilaa, omission or default of the Sella of my of his contactors or my of its or
their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to
defend the same at the Sellers own expense, coo pay troy and all casts, charges, attorneys fees and other expenses,
any and all judgments that may be incurred by or obtained against the Purchuer 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 upon or
obtained against the pmperty of the Pumhaser, or said parties in or as a result of twit suits or other pirw sings,
Me Sella will at once cause the same to b<dissolved and discharged by giving bond or otherwise. The Sella and
his contractors shall rake all safety praautions, punish and install all goad naussery for the prevention of
accidents, comply with all laws and regulation with regud to safely including• but without limiation, the
Occupational Safely and Health Act of 1970 and all tales said regulation s issued porsumw Memo.
Revised 07f2014