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HomeMy WebLinkAbout321262 CLAY'S ACE HARDWARE - PURCHASE ORDER - 3215018Fort Collins Date: 01/02/2015 Vendor: 321262 CLAY'S ACE HARDWARE 1001 E HARMONY RD UNIT B FORT COLLINS CO 80525 PURCHASE ORDER PO Number Page 3215018 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 i 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.mm 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 hase Order Terms and Condit fins Page 2 of 2 1. COhMERCIAL DETAILS. Tax exemptions. By statute the City of Fon Collins u exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Cerificate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a). Goods Rejected- GOODS REJECTED due to failure as men spa ifwtioral tither when shipped or due W defects of damage in transit may be returned to you for .edit and are rat coo be, replaced except opt receipt of women iruuctians Gam fe City of Fon Collins. Inspection. GOODS are subject to the City of Fon Collins inspection on animal. Final Acceptance. Receipt of the merchandise, services a equipment in response to this order can result in authorized payment on the part of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipments most be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless Otherwise specified an this order. Hpermission is given a prepay freight and charge separately, the original freight bill most incommny invoice. Additional charges for packing will not be inecpted Shipment Distance. Where manufacturers have lit filaw n, points as Mo.pans of the mum, hipsoma is expected from the nearest distribution point to dcMusitloo, and excess freight will be deducted from Invoice when shipments are made from Greater disamce. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and liter. required by all .,pliable laws, regulations, ordimoce and ales of the some, municipality, reritary ar political subdivision when the work is performed, or required by my other duly comaated public ambom, havingjunsdiction over the work of vendor. Sella further agrees to hold the City of Fort Collins homeless from and against all liability and loss incurred by them by canon of an asserted or established violation of any such laws, regulations, ordiwnces, rates and requirements. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide .,,it possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terns aid conditions stated herein set Earth coal my mpplemenory or additional tarts and conditions mmexed hereto or incorporated henw by reference. Any additional or different terms and cordificaa proposed by seller are objected as and hereby Jared. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately Hyatt cannot make complete shipment to amve on your promised delivery date w noted. Time is of the esseom. Delivery and performance most be effected within the time stated on the purchase order and the documents atoched harm. No acts of the Purchasers including, without limitation eccepmnce of partial [are delivents, shall Operate as a waiver of this provision In the event army delay, the Purchaser shall have, in addition to other legal end equitable remedies, the option ofplacing this order elsewhere and holding the Sella liable for damages. However, the Sella shall not be liable for damages . a result of delays duet. muses rim reamaoblyf sable which are beyond its rable control and without its fault ofneg]igmce, such acts of God, acts ofcivil or amount, authonti., govermmol priorities, fins, strikes, food, epidemics, wars or hots provided that notice of the conditions causing such delay a given to the Parchasm within five (5) days of she time when the Sella rest received knowledge WermC In the event of my such delay, the date of delivery shall be extended Fr the period al to the time amadly lost by reason ofthe delay. 3. WARRANTY. The Sella warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be, fit for the purpo ew intended, and performed with do highest degree of care and competence its accordance with acceped standard for work of a similar mare. The Seller agrees to hold the purchaser hand. from my loss, damage Or expense which the Purchaser may suite or .Or on account of the Sellers breach ofwartanty. The Seller shall MI., repair of make good, without cost to the purchaser, my defect or faults ending within one (I) year in within such longer period of time as may be prescribed by law or by the isms of my applicable warmly provided by the Sella her the data of acceptance of the gouda tumishW hermader (.More. not to be mremMehly delayed), resulting from imperfect or defective work done or materials famished by the Sella. Acceptance or use of goods by the Purchaser shall not orris e a waiver of., claim ander this warrmly. Except as otherwise provided in this purchase order, the Sell. liability h.mder shall extend to all dragpe, proximately caused by the breach of my of the f sagaing monsoon or gum ., but such liability shall in an, event include loss of profits or has of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may Mike changes to tell isms by whom change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the quantities originally ordered in We specifications or drawings, by verbal or written change order. If any such change affects the amount due or nations, of performance hereotd. an equitable adjustment shall bma de. ade. 6. TERMINATIONS. The Purchaser may at any time by wrinrn change order, terminate this agreement as an any or all pomous of the goods then not shipped, subject to any equitable adjustment between the mmi. as to my work or mvtedsls then in progress provided that the Purchase shall not In, liable for any claims for anticipared profits on the uncompleted portion of the goods maker work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with caper[ ro any good which arc the Sellers standard stack. No such harmon ic. final relieve the Purchaser or the Sella of any ofthdr obligations as to any good delivered hereuoter. 9. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be msserted within Witty, (30) days firm the date the change or t.miredm is ordered 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in shirt compliance with all applicable laws and regulations . which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations inquired to be incorporated in agreements of Ws character me hareby incorporated herein by this referemc. The Seller agrees to indemnify, and hold tha Purhhae hatmis from all costs and damsgin suffered by the Purchzxer. a result ofthe Sellers fv'Ivte to comply with such law. 9. ASSIGNMENT. Neither party, shall assign, transfer, of convey this make, or my monies due of to become due heremder without the prior wdnm consent ofthe other party. 10. TITLE. The Seller warrants full, clear and unrestricted tide to the Purchase for all equipment, mmmals, mad items furnished in patcomnce of Us agreement, Gee and clear of any and all lie., restrictions, r.erntiom, xecurity lowest <ncttmbmnc. and claims ofothers. 11. NONWAIVER. Failure of the Purchaser to insist upon mict performance of the terms and conditions hereof, failure or delay to exercise any rights or remedies provided herein or bylaw. failure an promptly notify the Seiler in the event of a breach, the acceptance afar payment for goods hereunder or approval of We design. shall not release the Seller of any of the wartmtls or obligations of this purchase order and shall oat he deemed a waiver of any fight of the parches.om or boost upon trader pert ahereofor my of its rights or remedies as to my such goods, regardless of when shipped, reatived m acepted as to my pdor or 5ubsequem default hereunder, tar shall any purlssmed oral modification or rescission of this pmeM1ase miles by tha Purchase( opera. as a waiver of my of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Sella and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust violations are m in fact home by the Purchases. Theofre, rforgood cause and a emssidwarion for maturing this purchase order, the Sella hereby assigns to the Purchaser my and all claims it may now have or hereafa acquinll warder federal or sae antI., haws fur such oauthorities relating m the particular good no services purchased or acquiaM by the Purchase pursuant as this purchase make. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Sella to correct nonconforming or defective goods by a date as be agreed upon by the Purchaser and the Sella, and the Sella thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs esai. of with such work. The Seller shall release the Purchaser and its contractors of any tie from all liability and claims of my aware malting from the paf nmence of such work This release shall apply even in the event of fault of negligence of the party, mlcaud aot shall extend to the directors, officers and employees of such panty. The Sellers commerical obligations, including warranty, shall not be deemed to b, reduced, in my way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever tha Sella is required to use my design, device, mmem orpos ess covered by lever, patent, hademark ne copyright the Sella shall indemnify cord save hardest the Purchaser from my and all claims for infringement by mason of the use of such patemed design, device. material at process in connection with the contract, and shall indemnify the Purchaser fur any cast, expense or damage which it duty be abliRed to pay by.awn ofsuch infringement at my rime during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in such it held to constitute infringement and the use of said equipment or part is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the fight to continue using said equipment or parts, replace the same with substantially equal but noninfn'nging equipment or modify it so it baatma naninfringing. 15. INSOLVENCY. If the Sella shall become insolvent or bradcapt, make an assignment for the bermiit of creditors, appoint a receiver ne tnstee her my of the Sellers property or business, dais order may forthwith M canceled by the Purchaser without liability. 16. GOVERNING LAW. The deft itiost afters used or the imagination of the agreement and the fights of all parties h.under shall M omtrued coder and governed by the laws offl a State of Coloado, USA. The following Additional Conditions apply only in cases when the Sella is to perform work hcreund., including Weservicesof Sellers Reprtssnotie sfas the praises ofothers 12. SELLERS RESPONSIBILITY. The Sella shall may or said work at Sellers own risk until tree same is fully completed and incepted, and shall, in se of any accident, destruction or injury to the work unfair materials berate Sellers final completion and acceptance, complete the work at Sellers own expense and 0 the satisfaction of the Purchases. When rnatmab and equipment are famished by others fir installation or enchim by the Sella, the Seller shill receive, unload snort and handle same m the site and become responsible therefor ss though such materials aotfr equipment were being founded by die Sell. rode she order. I I. INSURANCE. The Sella shall, at his awn expense, Provide for the payment crematoria compensation, including camational disease benefits, to its employees employed on or in connection with die work covered by this puchase order, and/or to their dependent in accordance with the laws of the sole in which the work is to be done. The Sella shall also carry comprehensive general liability including, but not limited to economical and amamobile public liability insurance with bodily injury and death limits arm least $300,000 for any one person $500,000 for any one accident anal property damage limit per accident of S400,000. The Seller shall likewise require his contra on, if any. to provide for such compensation not inauraoce. Before my ofthe Sellers or his ventamron employees shall do my work upon the premises of others, the Sella shall famish tha Purchaser with a.nificme that such compuzzation, anal insurance have ban provided. Such adifienes shall specify, the dim when such compensation and insurance have been provided. Such certificates shall specify the date when such comprsanon and insurance expires. The Seller agrees that such compne atfon -it fie.urance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby ass coo the enfve nspomibllity aot liability fir any and all damage, loss or wjury of my kind or rerun whanoever to persons an property caused by or resulting fur the execution ofthe work provided for in Us parchue.der or in coruuetion herewith. The Seller wit indemnify and hold hnmdess We Purchase( and my to all of the Purehas. oMe.. agents and employs from and against my and all claims, lass., damage, changes or expenses, whether direr or un irm, and whether to persons m property m which the Purchase, may be put or subject by reason of my act, action, neglect, omission or default on the pan of the Sell., my of his comments, or my of the Sellers or comments oRars, agents or employs. In case my suit or other proceedings shall M brought against the Purchaser, or its officers, agents or employees at my time on manual or by reason of my act, action, neglect, omission or default of the Seller of any of his contractors or any of its of their aMe., ageon or employees . aforesaid, fe Seller hereby agrees a assume the defense thereof and to defend the same m the Sellers own expense, to pay my and all cost, charges, anoreys fees and other expass , My and all judgment; fast may be incurred by m obtained against the Practitioner or my of is a their alBe., agents or employees in such suits or older proceedings, not in case judgment or other lied ber placed upon or Obtained against the property of the Purchase(, or said parties in or. a result of such suit m other proceedings, dse Sella will or once cause dre come a he dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, furnish and droll all guard nesessary 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 rates and regulanom issued pudmnt Werese. Revised 0)R014