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HomeMy WebLinkAbout114422 DOWNTOWN ACE HARDWARE - PURCHASE ORDER - 3215019Fort Collins Date: 01/02/2015 Vendor: 114422 DOWNTOWN ACE HARDWARE 215 S COLLEGE AVE FORT COLLINS CO 80524 PURCHASE ORDER PO Number Page 3215019 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 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 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fan Collin is exempt from state and Taal urns. Our Exemption No.,, is I I. NON WAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry P-60WS87 is registered wish the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26. 114 (a), exercise any rights or remedies provided herein or by law, failure m promptly ratify the Seller in the rural of If breach, the acceptance of or payment for goods hereunto or approval rfthe design, shall not release the Seller of Goods Rejmtd GOODS REJECTED due to failure to meet specifications, either when shipped or due to defet. of any of the warranties or obligations of this purchase order and shall vat be deemed a waiver of my right of the damage in Irussi,, may h,gemmed to you for credit and sure rat to bereplaced except upon receipt of wrinrn purchaser m insist upon mist performvce bumf or my of its rights or temdies as to any such goods,regardless inspections from the Ciry of Fon Collins.. of when shippeQ s. ived or mcWtd, m m my poor m aubsaptent default herettader, rah shall any puaponed oral modifratiry or rescission of this p=rchau order by Bra Piuchaur opmtc as a waiver of any of Ore lama Inspc.ion. GOODS ere subjat m the Ciryof Fon Collins irispaiov ov animl. bumf. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can all in 12. ASSIGNMENT OF ANTITRUST CLAIMS. mthorimul payment on the pan of the City of Fan Collins. However, it is to be understood that FINAL Seller and the Pumhwer reem Bice that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependem upon completion of all applicable required rev xlim procedures. violations art in fact home by the Purchaser. Themtofore, for good cause and as consideration for executing this puchise order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be RUB., City of Fog Collins, 900 Wood St, Fun Collins, CO 80522, unless acquired under federal or state mtl st laws for such overcharges relating to me particular goods or services oNetwiu specified on this code, Upermission is given to prepay freight end charge sryomtely, the oigiwl freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompnny invoice. Additional charge fur lacking will at be reversed, 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing pouts in serious pans of be country, shipment is If be Purchaser dirmm the Seller m mtemed mmronfotmingm defective goods by a dale to be agreed upon by the expected from be nmrest distribution point to dediratim. and excess freight will be deducted from Invoice when Pu dower and be Seller, and the Seller thereafter indicates its inability or unwillingness m comply, the Purchaser shipments are rode from greater dutmce. may chow the work to be performed by the most expeditions means available to it, and she Seller shall pay all costs associated with such work. Permits. Seller shall procure m seller sole cost all necessary permits, cenifical. end licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where The Seller shall reified, the Purchaser and its convectors of any ties from all liability and claims of any nature the work is performed, or required by any other duly emotim[ed public authority having jurisdiction over the work resulting from the performance ormob work. of vendor. Seller further agrees to hold the City of Fog Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, miss This release shall apply even in the event of fault of negligence of the parry released and shall extend b the and requirements. directors, officers and employees ofsuch party. Authovstion. All panic to this mnpar agree that the represarmtives are, in fact bona fide and possess full and ample authority to bind said parries. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and coditions stated begin tit foe and any mpplunantary or additional If. and conditions emexed hereto or incorporated Mein by reference. Any additional or different erms and conditions propsed by seller art objected to and hereby r jetted, 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou carrot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must be efceted within the time stated] co the purchase order and the documents attached homfo. No arts of the Parchment including, without limitation, acceptance of pmial h to deliveries, shall operam as a waver afthis provision. In the event army delay, the Purchaser shall have, in addition to other legal and equitable remedies, tbe option of placing this older clsewbcm and holding the Seller liable far damage. However, the Seller shall set be liable far damages m a result of delays due to causes not masambly foreseeable which are beyond its resemble control and without its fault of negligmnce, such acts of God, acts ofeivil or military authorities, governmental priorities, fires, spikes. Bond, epidemics, wars or ions provided thm notice of the conditions causing such delay is given to the Parchaur within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the dam of delivery shall be extended for ode period equal to the dace mtmlly lost by mason of me delay. 3. WARRANTY. The Seller wasonu that all good, articles, muter ah food wok severed by this coder will coa.. with applicable drawings, sprcifcations, samples and/or outer descriptions givens will be fit fur the purposes intended, aak performed with the blghest degree of care and comperence In accosdame with accepted smidarts for work of is similar nshire. The Seiler aeries m hold the purchaser harmless from my loss, damage or expense which the Purchaser may sufferer owning account of the Sellers breach of wmanty. The Seller shall replace, oWir m make good, without cost o the purchaser, any defects or faults wising within one (1) year or within such longer period of time as may he prescribed by law or by the terms of my applicable warranty provided by the Seller aaer the dam of acceptance of the goods fumishd hereunder (acceptance not to be unseasonably delayed), resulting firm imperfect or defective work done err materials furrod d by do, Seller. Acceptance or use of goads by the Forbearer shall not institute a waiver, of my claim sugar this warranty. Except as otherwise provided in Nis purchase m tat the Sellers liability hereunder shall extend to all damages proximately chased by be bench of any of the foregoing wagddia or guaresom , but such liability shall m re, event include less of profits m loss of tau. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes m legal grans by wrier change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchase may make my chinges to be more, other than legal terms, including additions to or deletions from the quicanifirs originally ordered in be specifications or drawings, by verbal or written change order. If my such change affects the amount due or the lime afparfomrance hereunto, m equitable djuAment shall be made. 6. TERhBNATIONS. The Purchaser may at any time by widen change order temrimte this agreement as ad my m all poriona of the goods then not shipped, subject o any equitable adjustment between be pubes as to my work or materials then in progrcas provided that be Purchaser shall not be liable for my claims for amicipaed profits on she uncompleted portion of the goods and/or work, for incidental or consequential damages, and that me such Mjmtment be guide in favor of the Seller with respect to any goods which am the Sellers standard stock. No such termination shall relieve the Purchase or the Seller of any oftheir obligations as to my good delivered hereunder. 0. CLAIMS FOR ADJUSTMENT. Any claim fur djustmmt must be auertd within thirty (30) days form the date the change or temtinalion is ordered 8. COMPLIANCE WITH LAW. The Seller warrants but all goods sold herettader shall have hour produced, sold delivered and fumisbed in said compliance with 01 applicable laws and regulations to which the goods are subject. The Seller shall execute ad deliver such documents az may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser haamless firm all cos¢ and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shill assign, bansf , or convey this order, or my movies but or te, become due Meunto without the prior widen consent of the other, pray. 10. TITLE. The Seller warrants full, clear and nmestrictd title to the Purchaser for all equipment. materials, and items famished in performance of this Wersiont, free and clear of any end ell liens, mstictions, reservations, s«iiiry interest encumbrances and claims ofothers. The Sellers crntracmal obligations, including wamenry, shill Out be deegred to be reduced, in any way, because such work ta performed or Caused to be performed "a Fmchas.. 14. PATENTS. Whenever the Seller is remained to use any design, device, material or process covered by leer, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser Item any and all claims for infringement by rwson of the use of such planted design, device, material Or process in connection with the contract, and shall indemnify the Pumhaser for any cost, expense or damage which it may be obliged m pay by reason of such infn'ngement at my time during the promotion or after the completion of the work. In case said equipment, or any pm thcreaf err the intended m, of the goods, is in such suit held to cowlimte inGngement and the tau of said equipment or pm it; pined, the Seller shall, m iB own expense and at its rpdon, either procure for the Purchaser the fight to continue using said qof".. or Twos replace the same with substantially equal but nmdmitinging equipment, or mothfy it am it becomes noninfiMing. I S. INSOLVENCY. If the Seller shall become insolvent or bariknapt, make an assignment for the benefit of creditors, appoint a meaver primary or random for any of the Sellers or business, this order may forthwith be canceled by the Functions, huer without liability. 16. GOVERNING LAW. The definitions oTit. cud or the interpretation of the agreement and the rights ofall ppkkes hemuMes shall be construed maker hak govemed by der laws ofthe State ofColm sto, USA. The following Additional Conditions apply only in cases where be Seller is an pert work hereunder, including the services of Sellers Representativabi), on the premiums of others. ❑. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers awn risk until the same is fully completed and accepted, and shall, in rase of any accident, desertion or injury to be work and/or materials befom Sellers final completion and acceptance, complete the work at Seller's awn cxpansc and to be satisfaction of the Purchases. When materials and equipment see fumisbed by others for installation or erection by the Seller, the Seller shall receive, uNmd. score and handle saran w tbe site and become responsible therefore ss though such materas angles ginpmms went being fmishd by the, Seller under die order. IS. INSURANCE The Seller shall, at his own expense, provide for the payment of workers wmpeiaatiom 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 to be done. The Seller shall also carry comprehensive gmeml liability including, but not limited M. contractual and automobile public Iimili, imuwwe with bodily injury and Jamb limits of at least $300,00a for my one pfrsoq SSagoou for any one accident ad impurity damage limit per accident of 5400,000. The Sell. shall likewise requite his contractors, if any, to provide for such crmp..sation and ituurance. Before my of the Sellers err his contractors employees shall do my work upon the Premises of othm. the Seller shall firefish the Purchaser with a cenifiwm but such mmpensmion and insurance have been provided. Such certificates shall specify be dam when such compensation aak insurance have bten provided. Such certifwta shall specify the date when such compensation add insurance expire. The Seller agrees but such compensation and insurance shall be =rammed until after be am. wank is completed and acrepld. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby auumes the entire responsibility and liability for any ad all damage, loss or injury army kind Or moue whatsoever to pegings err property caused by or resulting firm the execution of the work provided for in this purchase order an in connection herewith. The Seller will indemnify and Mid hmmles5 the reordering and my r all of the Purthaurs vtfcers, agents ad employees from and against my aak all claims, losses, damages, charges Or expenses, uhNrcr direct or indirtes, and wheel m pttuns or property Or which the Prambazer may be put or subj.t by reason of my act action, pagles, omission or default an the pm of the Seller, my of her cr ems, or my of the Sellers of contractors afters, agents or employees. In raw my suit or other proceedings shall be brought agaisw the Purchaser, ar its officers, agents or employees at my face on account or by reason of any rat, action, neglect, omission or default of the Seller of my of his contractors or my Of its or their ofcers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend ode same et the Sellers awn expense, to pay any and all costs, charges, attorneys fees and order expenses, any and all judgments that maybe hicuned by or obtained Wines ode Purchases err any of its or their ofcers, now or employees in such saw or other proceedings, and in eau judgment or other Iran be pmced upon or obuind against the property of the Purchaser, or said parties w or is, a roue ofmch suits or other proceedings, the Seller will m once arse the sans so be dissolved and discharged by giving bod car otherwise. The Seller and his combetms shall sake all safety pmembrane, forma and install all guards nmesmry for the prevention of accidmax, comply wit ell laws and regulations with oWni to safety including, but without limimtiom she Occupational Safety anal Health Act of 1970 and all rules ad regulations issued pursuant therto. Revised 02I2014