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HomeMy WebLinkAbout277936 HAGEMEYER - PURCHASE ORDER - 3215005Fort Collins Date: 01/02/2015 Vendor: 277936 HAGEMEYER 4905 NOME ST DENVER CO 80239 Delivery Date: 01/02/2015 PURCHASE ORDER PO Number Page 3215005 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 Note: Line Description Quantity UOM Unit Price Extended Ordered Price Hanress & Safety 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 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. COMMERCIALDETA11S. Tax exemptions. By statute the Ciry of Fmf Collins u exempt fmm state and local ..as Our Exemption Number is 98-0 502. Federal Excise Tax Exemption Conifiam of Registry 84fi000587 is registered with the Collector of Internal Revenue, Demme, Colorado (Ref. Colorado Revised Stamens 1973, Clan ow 39-26, 114 pd) Goods Rejected GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in mmit may be mounted W you for credit and rare not W he replaced except upon receipt of women infractions from the City of Fort Collins. Inspection. GOODS are subject o the City of Fort Collins inspection on arrival. I I. NONWAIVER. Failure of the Purchaser W insist upon strict pefomtaree of me ems and condumse, b meal, Galure or delay to exercise my rights or remedies provided herein or by law, failure to promptly notify the Seller in the went of a breach, do, acceptance of or payment for goods hereunder or approval ofth, design, shall om ml. the Seller of any of the warranties or obligations of this purchase order and shall not be doomed a waiver of any right of the purchaser to insist upon strict performance bereof or any of its rights or remedies as to any such good,regardless of when shipped, seined or accepted, as many prior or subsequent default hereunder, nor shall any performed oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. 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. Hewavar, it is to be understood that FINAL Seller and the Purchaser recognize that in waned economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon mmpinion of all applicable required inspection procedure. violations art in fact home by the Purchaser. Therefosm, forgood cause and as consideration for executing this purchase order, de Seller hereby assigm to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be, F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless cautioned under federal or state antitrust laws fro such overcharges miming to the particular good or services otherwise specified on this antler. lfpemtiuion is given 10 Prepay frrodo and charge aeparntcly, the original freight purchased in acquired by the Purchaser pursuant w this Forebear order. bill must accompany arcane. Additional charge fro packing will rut he tomptnd 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Diameter. Where manufacturers have distributor, points in various part or the country, shipment is Iftim Purchase directs the Seller to comes nomunf ingordefective goods by a date In be agreed upon by the expected fmm the nearest dismibunon point by destirutim, and excess freight will he deducted from Invoice when Purchaser and the Sella. wed the Seller thereafter indicates its inability or unwillingness W comply, the Purchaser shipments art made from greater dassmce, may cause the work to be perfermal by the most expeditious means available to it, and the Sella shall pay all vests assaimcd with such work. Prnnits. Sella shall procure at sellers sole cost all necessary permits, cemfcates and licenses required by all applicable laws, regulations, ordinances and roles afthe stare, municipality, temtory or political subdivision where The Seller shall release the Purchaser and its comments of any tier farm all liability and claims of any nature the work is performed, or required by any other duly constituted public authority havingjurisdation over the work resulting from the performance of such work. of vendor. Seller further agrees to hold the City of Fort Collins harmless fmm and against all liability and loss incurred by them by watch of an asserted to established violation of any such laws, regulations, ordinances, roles This release shall apply even in the event of fault of negligence of the party released and shall extend to the and requiremenu, directors, officers and employees ofsuch party. Authorization. All parties to this contract agree that the representatives are, in fact, Was fide and possess full and complete authority m hand said punist. LIMITATION OF TERMS. This Purchase Order expressly limits itax,mane, W she tertm sand conditions small herein set fond and any supplementary or additional thrum and conditions annexed borrow or incorporated harem by refeni Any additional m di@ant to. and conditions proposed by seller are abjecuM to and hereby jerted. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immrdiamly ifyou cannot make complete shipment to won, on your promised delivery dare as mtrd. Time is of the essence. Delivery and performance most be effected within the time stated on the purchase order and the documents attached heew. No ace of the Purchasers including, without limitation, acceptance of, mial lam delivenea, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, fee option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays doe m auset not reasonably foresaable which are beyond its reasonable control and without its fault of negligence, such seta of God, acts ofeivil or military authorities, gwemmaml frontier, fires, spikes, Good, epidemics, wars or now provided that notice of the conditions causing such delay is given to the Purchaser within Five (5) days of the time what the Sella first received knowledge thereof. In the event of any such delay, the date of delivery shall he extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. no Seller wartavta thor all goods, anicles, materials and work covered by Us order will ronform with applaable drawings, specifications, samples amNor other descriptions given, will be fit for the purposes intended, anal performed with the highest degree of care and competence in accordance with accepted standard far work of is similar co me. The Seller agrees to hold the purchaser harm a fmm my loss, damage or expense which do Purchaser may sutra or mcm m account of the Sellers breach of warranty. The Sella shall replace, repair or make good, without cast to the pumbesse, my der ts or faults mixing within me (1) year or within such langer Period of time as may be prescribed by law or by the terns of my applicable warranty provided by the Seller after the date of acceptance of the good furnlebrd hereunder (acceptance not to be unreasonably delayed), resulting fro imperfect or defective work done or amounts fiunishrd by the Seller. Acceptance or one of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers limbil try hereunder shall extend W all damages pmximemly caused by the breach of my of the foregoing warranties or guarantors, 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 W legal menu by wdnen change order. 5. CHANGES IN COMMERCIAL TERMS The Purchaser Ivey more any changes w the terms, other than legal temp, including additions to or deleanns farm for unionifies originally ordered m the specifications or drawings, by seabed or wring Chang, order. If any such change affects the amount due mthe time ofperformmce berander. an ryuitable adjuarnent shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as W any or all portions of the good then not shipped, subject to any equitable adjustment between the parties as to any work or maerials then in progress provided that the Purchaser shall not be liable for my claims for anticipated profits on the uncompleted portion of the good and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which art the Sellers standard stock. No such lamination shall relieve the Purchmcr or the Sells of my oftheir obligations at to any good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for edjmstmrnt must be asserted within thirty (30) days fmm the date the change at termination is ordered. S COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shell have been produced, sold, delivered and fumished in strict compliance with all Valuable laws end regulations in which the goods ate cabjat. The Sells shall mecnW and deliver such documents as may he required W effect or evidence ampliance. All laws and regulations required to M incorporated in agreements of this character art hereby inemrpomted herein by this reference. The Seller agrees as indemnify and hold the Pumbaser harmless from all rams and damages suffered by the Purchaser ss a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pray shall assign, remoter, or convey this robot, or my mmlw den or to become due hereunder without the prior written consent of the other pray. 10. TITLE, The Sells warrant full, clear and unrestricted title to the Purchaser fro all equipment, materials, and items fimashed in performance of [his agreement, Bee and clear of my and all liens, restrictions, reservations, summary interest aaummi mea and claims owdams, The Sellers contractual obligations, including warranty, shall not b r deemed in be removed, in any way, became such work is performed or award to be performed by the Purchaser. 14. PATENTS. Whenever the Sella is required to use any design, Mice, material or process canard by letter, patent, trademark or copyright, tM Sella shall indemnify and save harmless the Parchamr from any and all claims for infringement by reason of the use of such pa cc rid design, device material on process in correction with the mamas, and shall indemnify the Purchaser for my cost expense or damage which it may the obliged to pay by reason of such anGmgement many time during the pmsmurion a their the completion of the work. In case said equipment, or any pan thereof or the braided use of the good, is in such suit held to comtimte infringement and the use of said equipment a pm is informal, the Seller shall, at its own expense and at it, option, it procure for the Purchaser the fight to continue using said equipment or parts, replace the same with substantially export but noninfnnging equipment, or modify it sa it becomes noninfHnging. 15. INSOLVENCY. If the Seller shall become m olvem or bankrupt, make ern assignment for the benefa of creditors, appoint e receiver or mime for any of the Sellers property or business, this order may forthwith W canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofsems mal or the inumpremmn affix, agreement and 0e rights ofall panic heremder shall be consmed maker and governed by the lawi ofthe Store ofColorsdo, USA. The following Additional Conditions apply only in where the Sella is w Pa work bereander, including the sevices of Sellers Representative(s), on the premises ofotbom. 17. SELLERS RESPONSIBILITY. The Seller shall curry on mid work at Sellers own onk until the same is fully completed and accepted, and shall, in ate of any accident, destruction or injury to the work ardor mmma6 before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment are fumished by others for installation or section by the Seller, the Seller shall receive, candead, store and handle mine at the arm and become responsible therefor as though such materials ari equipment were being famished by the Sells ands the order. 18. INSURANCE, The Seller shall, in his own expense, provide for the payment of worker wmpnss airm, inclading occupational disease benefits, in is employces employed an or in examection with the work roverd by this purchase order. arWor W their dependenp in accordance work the laws of the sure in which the work is to be done. The Sella shall alm worry comprehensive gemml liability including. but not limited W, covmmW and amomobile public liability ina—. with holly injury and duN lim. of al least S3gx%X(r for any one peomm, SS00.000 fro any one accident and property damage limit per accident of 5400,M. The Seller shall likewise require his contmewrs, if any, to provide for such cournexecation and insurance. Before my of the Sellers or has comments employees shall do my work upon the premises of others, the Seller shall famish the Purchaser with a cemificam that such compensation and insurance have been provided. Such cenifcata shall specify the date when such compensation and insurance have been provided. Such certificates 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 eamplard and incepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller bertby auumes the entire mpoasibiliry and liability for any and all damage, loss or injury of any kind or nature whimmover to perans or property caused by or resulting fmm the execution of the work provided for in Us purchase order or in monation harewitR The Seller will indemnify and held harmless the Purchaser and my or all of the Purchasers officers, agents zed employees from and against my sad all claims, losses, damages, cbmges or experna, whether direct an iodized, and whether to persons or pmperry to which the Puchower may be put or subject by reason of my rot action, mglee, omission or default an the pm of the Seller, my of his contmcaors, or my of the Sellers or contractors officers, spats or employees. In ease my suit or other proceedings shall he brought against the Purchaser, or am offirm. agents or employees at my time an account or by resort of my am action, neglect, omission or default of the Seller of any of has rovpactors at any of its or thew offlum, agents or employees as aforesaid. the Seller bertby agrees W assume the defense thereof and to defend the same at the Sellers own expense, to pay my and all costs, eMrga, amomeys fires and order exmntea, any and all judgments that may be incurred] by or obtained against the Purchaser or my of its or their appears, agents or employees in such suits or other proceedings, and in case judgment or other lam be placed upon or obtained against the property of the Purchaser, or mad parties in or as a result of such suits or offer proceedings, the Seller will at once cause the same in b , dissolved and discharged by giving bond or otherwise. The Sella and his contractors shall take all safety paamount, famish and install all guard necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations iuuad pursuant narrow. Revised 07n(U4