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HomeMy WebLinkAbout111360 GRAINGER INC - PURCHASE ORDER - 3215003Fort Collins Date: 01/02/2015 Vendor: 111360 GRAINGER INC 4531 INNOVATION DR FORT COLLINS CO 80525-3406 PURCHASE ORDER PO Number Page 3215003 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: TRAFFIC OPERATIONS CITY OF FORT COLLINS 626 LINDEN STREET FORT COLLINS CO 80524 Delivery Date: 01/02/2015 Buyer: Note: Line Description Quantity UOM Unit Price Extended Ordered Price Signal Construction Supplies Annual 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 1 LOT LS 5,000.00 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 Tom Collins t exempt fiom sake and local taxes. Our Exemption Number is I I. NON WAIVER. 98-04502. Federal Excise Tax Exemption Carfare of Registry 84fi00058) is registered with she Collector of Failure of the Producer a insist upon audit performance of tbe tams and conditions hetcvf, failure or delay to Internal Revenue, Deaver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 1 W (a). exercise my rights or remedies provided herein way law, failure to presently notify the Seller in the aveed of n branch. the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure in meet specifications, either when shipped or due to defects of my of the warmties or obligations of this purchase order and shall not be dmmed a waiver of my right of the damage in transit, my be ratumed to you for credit and me not to be replwed except upon mayst of written purchaser to insist upon strict performvnce haeofor any of its rights or remedies as to any such goods, regardless instructions from the City of Fon Collins. ofwhen shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall my purported Orel modification or rescission of this purchase order by the Purchaser operate ss a waiver of my of the term Impaction. GOODS are subject to the City of Fon Collins inspection as arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in Q. ASSIGNMENT OF ANTITRUST CLAIMS. unmounted payment on cam part of the City of Fort Collins. However, it is to be urdersad Mat FINAL Seller and the Purchaser recognize that in wmal amount pracliee, overcharges resulting from weimrt ACCEPTANCE is dcpcndent upon completion of all Vibratile mryired inspection pmemarmi. violations arc in fact From by the Purchaser. Theretofore, for good cause and as comidemrion for exerting this purchase order, me Seller hereby mvigrav to me Purchaser any and all claims it may ma have in hereallef Freight Tema. Shipments most be F.O.B.. City of Fon Collins, 700 Wood St., Fiat Collins, CO 80522, anless ucquhed coder federal or drum antitrust laws fro such overcharges reirl to the particular goads or services otherwise specified an this order. Ifpermission t given to prepay freight ad charge salam y, the original freight purchased or acquired by the Purchaser pursuant to this purchare order. bill must summary invoice. Additional charges fro packing will rot be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is If the purchases drivers me Seller a comet nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Sella, and me Seller thereafter indicates it inability or unwillingness to comply. the Purchaser shipments arc made Irum greater distance. may cause the work to be performed by the most expeditions mews available to it, and the Seller shall pay all mats associated with such wank. Permits. Seller shall procure at sellers sole cost all necessary, permit, anificatas and licenses rquirel by all applicable laws, regulations, ordinances and ales ofthe site, mumlipaliry, territory or political subdivision where the work is performed, or rammed by my other duly combated public authority havingjunsdiction ova me work of vendor. Sella fuller agrees m hold the City of Fort Collins humless from and against all liability and loss ncuracd by rem by ramm of on assmed a established violation of any such laws, regulmiom, grditanas, alas and requirement. Authomulim. All µvties a this contact agree that me representatives we, in fact, bona fide and possess full said complete authority a bind said parries. LIMITATION OF TERMS. This Purchase Order expressly limit mcepwc, 1. me terms and wMine. stated herein set fond and my supplementary or additional mars and variations annexed hereto or incorporated herein by reference. Any additional or different m and conditions prommmd by seller are objcdtd to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immod mely ifyou cannot make complete shipment to arrive on your promised delivery date as, noted. Time is of the essenee. Delivery and performance most be effected within me time stated on the purchase order and the document attached hereto. No tit of the Purchasers including, without limitation, acceptance sartorial late deliveries, shall operate as a waiver of this provision. In the event ofmy delay, the Purchaser shall have, in addition to other legal and amicable remedies Use option ofplwing this order elcowbare and holding me Sella liable for damages. However, the Sella shall not be liable for damages or a result of delays due to causes act reasonably foreseeable which art beyond it reasonable.nt.l and without it fault of negligence, such act of God, wt ofcivil or military authorities, govemmmtal priorities, fires, strikes, Bond, apidern es, wars a dots provided that notice of the emdiliom causing such delay ex given m the Pmohmer within fee (5) days of Mc time wham me Seller fast received knowledge thermf. In the event of my such delay, the date of delivery shall be extended for me period mil to the time satisfy last by main arms delay. 3. WARRANTY. The Seller warrants that all goads, aniclea, materials and work covered by this order will conform with applicable drawings, specifications, samples wiper other descriptions given, will be fit for the purposes intended, and performed with me highest degree of care and competence in accordance with accepted standards for work of is similar ware. The Sella agrees to hold the purchaser harmless from my loss, damage or expense which the Pumhu a may suffer or inter ca woman of the Sellers breach of warranty. The Seller shall replace, repair or make good, without met a the purabo ea my defect or fault raising within one (1) year or within such longer maul of time m my be prescribed by law or by the terms of my npplieable warranty provided by me Seller after the dam of acceptance of the Goods furnished hereunder (accoomee vest a be nably delayed), resulting From imperfeec or defective work done or numerous famished by the Sella. Acceptance or use of good by the Purchaser shall rot ..time a waiver ofany claim order this wananry. Except as otherwise provided in this purchaw ordes, the Sellers liability bereunder shall extend to all damages proximmely caused by me breach of my of Ibe foregoing wermnties a guarantees but such liability shall in no ever include loss artworks 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 terms by written change order. S. CHANGES IN COMMERCIAL. TERMS. The Purchases may make my changes to the terms, other than legal terms, including r lditions to or deletions from the quantaiesimparlly ordered in me specifications or drawings, by verbw or written change order. If my such change affect the amwt odue or Om time ofperfotmance Intonation, an thinkable adjanterew shall W made. 6. TERMINATIONS. The Purchaser may at any time by wrinm change order, terminate this a6remmant as to any m all portions of the goad then not shipped, subject to my equitable adjustment berwem the pmiav as in my work or materials corn in progress provided cast me producer shall not be liable for my claims for anticipated preft on the uncompleted ,onion Mthe good =Nor work, for incidental or consequential damages, and that an such adjustment be made in favor of me Sella with respect to my good which arc the Sellers standard stock. No such nomination aion shall relieve the Purchaser or the Seller army aftheir obligations in ran any good delivered hereunder. ). CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the dale the change or termination is ordered. & COMPLIANCE WITH LAW. The Sella warrants fail all goods sold march shall have been produced, said, delivered and fumtM1ed in strict compiance with all applicable laws and regulations to which the good ere subject. The Seller shall exemre and deliver such docmnm¢ as may be requited to effect in evidence compliance. All laws and regulations ramped a be into parated in agreements of this character are hereby inew, aced herein by this reference. The Sella agrees to indemnify and hold the Purchaser broadcast from all cost and damages sufTered by the Purchsser as a result of the Sellers failure to comply with such Jew. 9. ASSIGNMENT. Neither pony shall assign, transfer, or convey this order, or any comics due or in become due hereunder without the prior written resent of me ome, pony. 10. TITLE. The Sella warrants full, clear and unrestricted title to the Purchaser for all equipment, mmwals, and items Garnished in pafotm ag a of this reement free and clear of my end en all li, restrictions, .-'in-. security interest rncumbrmco and claims afomers. The Seller shall release the Purchaser and its contractors of any tier from all liabil try and claims of my mlure resulting from the performance ofmch work. This M. shall apply even in tbe event of fault of negligmce of the party released and dull extend to the director, oRc us and employees of such parry. The Sellers conbactwl obligations, including warranty, shall vat be deemed to be reduced, in any way, became such work is performed or.rued a be performed by the Purchaser. 14. PATENTS. Whmm'er the Seller is required to me my design, device, mmwal or process covered by letter, patent, trademark or eopydghl, the Seller shall indemnify and save harmless the Purchaser from my end all claims for in(rn, ..I by reason of the me of such patented design, device, material or process in connection with the contract, and that l indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason ii'mch infringement at any time during the powermom or alter the completion of the work. In eau said ryuipment, or my pan thereof or the intended ace of the goods, is in such sort held to constitute infringement and me me of said equtpwat or part is enjoined, the Seller shall, at its own expense and at it option, either procure for the Pureha er Ore right to ..canoe using said equipment or was, replace the same with substantially awl bur no unfnn6ing equipment, or modify it so it becomes mwnGinging. 15. INSOLVENCY. If the Sella shall become imohaut or bankrupt make an assignment fro he bereft of creditors, eypoem, a receiver or mutes, for my of the Sellers property or business, this order may foMwith be canceled by the Purchases without liability. 16. GOVERNING LAW. The definitions ofterrm used or the interpretanon ofthe agreement and me right of all parties herewder shall be construed under and governed by the laws of the Sam of Colorado, USA. The following Additional Conditions apply only in cares where the Seller is to perform work herewder. including the services of Sellers Repoesentaticas), on the premises creditors. 17. SELLERS RESPONSIBILITY. The Seller shall away on said wmk at Sellers own risk uad] me name is Polly completed and accepted, and shall, in eve of my incident, destruction or injury to the work and/or materials before Sella's final completion and accepmnce, complea me work at Sellers own cxpeme and a the safisfachat of Ore Purchaser. Whm matwaks and th)uipmmc are fusvubed by others far installation or erection by the Seller, he Seller shall receive, award. store and handle score m the site and become responsible therefor as through such materials .Nor equipment were being famished by the Sella under the order. 18, INSURANCE. The Seiler shall, at his own expense, provide for the payment of workers compemation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, wiper to their dependants in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, bur not limited to, contractual and automobile public liability insurance wins bodily injury and death limits arm leant s3tp,M for my one person, $500,000 for my one accident and property damage limit per accident of 5400,000. The Sella shall likewise require his .mracmus, if any, o, provide for such ewnpmsaion and insurance. Before any of me Sellers or his emtreetors emplayecs shall do any work upon me premises of others, the Seller shall furnish the Purelasn wsh occurrence Our such compensation and mswawe have barn provided. Such artificatas shall specify the date when such con,caustation and insurance have been provided. Such artificam, shall specify the date when much .mpera ation and insurance expires. The Seller agrees that such compensation and insurance shift be mainained=61 after the swim work is completed and waned. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby .,.a me entire msponsibility and liability for any and.11 damage, loss or injury army kind or nature whatever to persons or property caused by of resulting from me exertion of me work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Purchasers officers, agent and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persmss or property to which do, Purchaser may be put of subject by reason of my act, action, neglect, omission or default on me pan of the Seiler any of his conamcmts, or my of the Sellers or contractors wfcers, agent or employees. In ease my suit .1 other proceedings shall be brought against the PureMxr, or its affairs, agents or employes at my lime on smcomt or by anon- of my act, action, radial, omission or default of Ore Sella of my of his awwaors or my of it or their officers, agent or employees m aforesaid, me Sella hereby agree to ssstmrc me defame thereof and m defend the same at the Sellers owes e.,., to Pay my and all cost, charges, anomeys fees and cash, expemas my and all judgmw¢ that may be incurred by w abawed against due Purchaser or any of it or rev officers. agent or employees in such suits or other proceedings, and w rase, judgment or other Jim w placed upon or obtained ,it the Import, efth. purchaser, or said parries in or as is result of..ch ..as or other proceedings, the Seller will at once cause me sate to be chasolved and discharged by giving beard or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all gird necessary far the prevention of accidents, comply with all laws and rcgwatiotts with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all mles and regulations issued pursuant l haft). Revised 07R014