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HomeMy WebLinkAbout107133 BATH INC - PURCHASE ORDER - 3215015PO PURCHASE ORDER 321501er Page City. of15015 lofz `t Collins( his number must appear ` v 1 1 on all invoices, packing sli s and labels. Date: 01/02/2015 Vendor: 107133 BATH INC 2000 E PROSPECT ST PO BOX 1966 FORT COLLINS CO 80525-1313 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 1 LOT LS 5,000.00 Annual Total Pay terms net 30 days Invoice Address: City of Fort Collins Director of Purchasing and Risk Management This order is not valid over E500D 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 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCLV.DErAl1S. Tax exemptions. By statute be City of Fort Collins is exempt from state and local taxes. Our Exemption Nsmber is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption CmiGcate of Registry 84-60W587 is registered with the Collector of Failure of fe Purchaser to insist upon strict pah om ove of the kms ind conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Stamta 1973, China 39-26, 114 (a), exercise any rights or remedies provided herein or by law, failure m promptly nwify the Seller in the event of a breach, the acwptan<e of or payment for bards hereunder or approval ofthe design, shall not relense the Sella of Goods Rejected. GOODS REJECTED due w failure to meet specifications, indoor when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be, doomed a waiver of any right of the damage in transit, may be rammed to you for credit and are not to he replaced except upon receipt of wrnm purchaser to insist upon strict performance h ncomfor any of its rights or comedies ns to any such goods, regardless instructions fmm the City of Fort Collins. of when shipped, received or accepted, as in any prior or subsequent default hereunder, nor shall any purposed oral codifications a rescission of this purchase order by the Purchucr operate as a waiver of any of the tram Inspection- GOODS are subject to the City of Fos Collins inspection on arrival. hector. Final Acceptance. Receipt of the merchandise, services or equipment an response to this made can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on to pan of the City of Fort Collins. However, it is In be understood Out FINAL Seller and the Fnrchnsa recognhe that in wmal economic practice, overcharges resulting from outitnut ACCEPTANCE is dependent upon completion of all applicable required inspection rancidness. violations arc in fact home by the Purchases. Theremfore,for good cause mad an consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Tame. Shipments must be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless acquired under federal in state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this code,. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill muse accompany invoice. Additional charges for Picking will .1 be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufmmrets have distributing points in various parts of the country, shipment is Uttar Purchaser directs the Seller to correct mmvnforming or defective goad by a date to be agreed upon by me expected f be unrest distribution point m destination, anal excess bright will be deducted from Invoice when Purchaser and the Seller, and the Seller tbamma indicates its inability m unwillingness in comply, the Patchaur shipments are made Gam greater distance. may cause the work m at performed by the mast expeditious mess available to it, and the Sella shall may, all .an associated with such work. Pmnits. Seller shall procure at sellers sole cost all necessary permits, certificate and It. required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or Political subdivision where the work is performed or required by any other duly constituted public authority havingjurissinamin over the work of vendor. Seller further agrees to hold the City of run Collins harmless from cad oguinst all liability and loss incurred by them by reason of an asserted or established violation ofany such laws, mgulatlons, ordinances, rates and requirements. AUWorization. All parties to this contract agree Char the representatives are, in runt, bore fide and possess full and complete suthorry to bwd said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acrep arm m the mum end c sur idms seed herein set fool and any supplementary or additional names and conditions aaexed hereto or incorporated herein by reference. Any additional or i iffrent terms and conditions purposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment in arrive on your promised delivery date as noted. Time is of the rssence. Delivery and performance must be ethected within the time stated on the purchase order and the dwumenu attached hereto. No acts of the Purchaers including, without limitation, acceptance of partial late deliveries, shall Waste as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing fie order elsewhere and hold,, the Seller liable for damages. However, be Seller shall not be liable for dmall. as a onow of delays due to causes not reassembly foreseeable which are beyond its reasonable rovtral and without its fault oferegligerue, such acts of God, as ofrivil or military roathedtia, govammenul priorities, fires, strikes, Bond, epidemics, was; or riots provided that notice of me conditions causing such delay is given to me Purchaser within five (5) days of the time when be Seller first received knowledge fermf In the event of my such delay, the date of delivery shall so extended for the period equal to fe time actally lost by reason of me delay. 3. WARRANTY. The Seller warrants that all good, names, matends and work covered by this order will conform with applicable drawings, specifications, samples ari omen descriptions ivon, will be fit for fe purposes intended, and performed with the highest degree of care and competence, to scwrdince with accepted standard for work of a similar atone. The Seller agrees to hold the purchaser harmless from my lass, damage m expense which the Purchaser may sufer or incur on azwunn of bee Sellers breach of warunry. The Seller shall replica, repair or make good, without cost to the purchaser, any defects or faults arising within roe (1) year or within such longer period of time as may be prescribed by law of by be tams of my applicable wananry provided by the Seller after be date of acceptance of the goods fumlshed hereunder (acceptance not to be unreasonably delayal resulting from imperfect or detective work done or materials famished by the Sella. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, be Sellers liability hereunder shall extend m all damages proximately mood by the breach of any of fe foregoing worumies or gmrmteea but such liability shall in an event include lass of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FIENESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal tenses by women change order. 5. CHANGES IN COMMERCIAL TERMS. The purchaser may make any changes Ib fe torts, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by vcret or wrinen change order. If any curb change affects the amount due or the time ofperformance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Prachater may at any time by written change order, terminate this agreement in no my or all Porticos of doe goods then not shipped, subject to any attainable adjustment between me parties as 0 my work or materials then in progress provided thin be Purchaser dull not be, liable for any claims for mticipsted Profis m me uncompleted pmrtimn of the goods mddor work, for incidental Dr case rinad al damages, and that m such adjustment be made in favor mf the Seller with respect to any good which tie the Sellers stmdad stock. No such termination shall relieve dirt Purchnser or the Seller crony of their obligations as many good delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. no Sella wamats that all good sold hereunder shall have been produced, sold, delivered and famished in stain compliance with all applicable Laws and regulation; to which be good are subject. The Seller shall execute and deliver such doe.ti as may bo carried m etTect a evidence compliance. All Uwe and regulations tmquired or he incorporated in agreements of Nis shaman an hereby incoporated herein by fix reference. The Seller agacn to indemnify and hold the Purchaser hvmlas firm all costa and damages suffcrW by be Purchaser in a result of the Sellers failure m comply with such law. 9. ASSIGNMENT. Neither posy shall assign, transfeq or convey this order, or my monies due m to become due hereunder without me Prior wrinen consent cribs other Party. 10. TITLE The Seller wammnrs full, of. and mue;triched tide Is the purchaser fur all equipment, motena6, and it. furnished in imforrouserve of the agreement Gee and clear of any and all liens, tamctime, rtxrvations, secunry whrest encumbrenca and claims ofoNeR. The Seller shall relowe the Purchaser and its contractors of any tier from all liability and claims of any hamre resulting from the performance branch work. Thia release shall apply even in the event of Each of negligence of the patty rclowed and shall extend to the dirccmrs, afcers and employers of such party. The Sellers continental obligations, including warranty, shall not be demand to h reduced, in any way, became such work is performed or caused m be pafurmW by the Purchaser. 14. PATENTS. Whenever the Seller is rquired to use any design, device, material or Fairness covered by liner, parent, trademark or copyright, the Seller shall indemnify and save bermlas the Purchaser from any and all claims for infringement by reason of she use of such rammed design, device, maternal or proven in connection with the contract, and shall indemnify the Purchaser for any cast, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan Hera f or the intended use of the goods, is in such snit held no constitute infringemem 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 Purchaer be right o continue using said equipment or puns. ordso the same with suhsmntially equal but aoninftlngwg examination, in modify it so it becomes aoninfrmIling. 15. INSOLVENCY. If the Seller shall became insolvent or bmdnrtpt make an assignment for the bmefst of creditors, appoint a receiver or bns[er for any of fe Sellers property or business, this order may fo dowith bn canceled by the Purchnseo wifaur liability. 16. GOVERNING LAW. The definitions of tams used or the interpretation offer agreement and be oppts of all parties hereunder shall be construed under sad govemed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Sella is to perform work hereunder, including be service fSell. Repesmutive(s), on the premises ofmomn- Il. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's awn ask and the same is rally completed and accepted, and shall, in cone of my accident, destruction or injury to the work md/or materials before Sellers final completion and acceptance, complete flu, work at Seller's own expense and to the satisfaction of to Purchaser. When materiak and equipment me firroolod by others for installation or erection by the Seller, be Seller shall receive, unload store and handle same at the site and become responsible therefor an though such t atenals sad/or equipment were being finowbed by the Sella under the order. I S. INSURANCE. The Seller shill, at his own expense. provide for the payment of workers compensation, including occupational disease benefits, to its employers employed on m in correction with the work covered by this purchase order. and/or an their dependents in accoadaoce with the Laws of the state in which the work is m be dome. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of m fount Umm,nIXl in, any one Person, 5500,000 for my one accident and property damage limit per accident of $400,000. The Seller shall likewise rryuire his ummdun, if any, to provide for such comporeamen and in e. Before any of the Sellers or his contractors employees shall nd any work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and imuranec have been Provided. Such cenificata shall specify the bate when such compensation and insurance have been provided Such certificates shall specify me date what such compenntion and assurance expires. The Sella agrees met such eomprnsamion and insurmce shall be nominated until one the entire work u completed and accepted 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sc0a hereby assume be entire respoaibility and liability for my and all damage, loss or injury of any kind or nature whatsoever to perm or property caused by or resulting from the execution uffle work provided for in this purchase order or in conncninn herewith. The Seller will indemnify and hold Joint the Purchaser and any or all of be Purchasers ofces, agents and employees from and against 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 reason of my act, action, neglect, omission or default on the part of be Sella, my of his wntmcmrs, our any of don Sellers or contractors officers, agents or cmployces. In case my suit or Diner proceedings shot[ be brought against the Purclu or in officers, agents or employers in my time on acmwl in by reason of my act, action, neglect, omission or default of the Sella of my of his contmelors An my of its or their afters, agents or employers as aforesaid, be Seller hereby agrees in assome the def wo, thermf end to defend be same in be Sellers own expense, a pay my and all costs, charges, armmeys fees and other expenses, any and of judgments that may be incurred by or obtained against the Purchaser or any of its on their oMe., agents or employers in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the properly of the Purchase, or said parties in or as a result crash suits or other poneadmgs, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contactors shall take all safety paramours, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulariorss with regard to safety including, but without limiutimn, be Occupational Safety and Health Act of 1920 and all roles and regulations issued pursuant fineo. Reseed 07Q014