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HomeMy WebLinkAbout109413 THE GLOVE WAGON - PURCHASE ORDER - 3215022PO PURCHASE ORDER 321502er Page C117/ of PURCHASE 3215022 t or z ' `t Collins Ins This number must appear V ` on all invoices, packing sli s and labels. Date: 01/02/2015 Vendor: 109413 THE GLOVE WAGON 3172 SAN LUIS FORT COLLINS CO 80525 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 1 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 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. COMMERCIALDETAIIS. Tax exemptions. By statute the City of Fan Collins u exempt from sum and local taxes. Our Exemption Number is 11. NON WAIVER. 98-(4502. Federal Excise Tax Exemption Comrade of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon stria[ performance of the taws and conditions hereof, failure or delay to Normal Revenue, Denver, Colorado (Ref Colorado Revised S. 1973. Chapter 39-26, 114 (a), exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Sella of Goods Rejected. GOODS REJECTED due to failure a meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any rippt of the damage in wnsis, may he ammned to you for credit and are cot to be replaced except upon admipt of wnnm Purchaser Or inset upon strict performance hamfor my of its rights or arnedin as to any such goods, regardless instructions from the City of Fiat Collins, of when shipped, received or incepted, as an my rotor or subsequent default hereunder, err shall any punponcd and modification or rescission of this purchase other by the Purchaser operate Or a waiver of any of the tams Inspection. GOODS are subject m the City of Fan Collins inspection on arival. hereof. Final Acceptance. Receipt of the merchandise, services or equipmem in response to this Omer can result in 12. ASSIGNMEW OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fan Collins. Howevev it is to be understood thin FINAL Seller and the Panama recognize that in actual a mic practice, overcharges resulting from anmorat ACCEPTANCE is dependent upon completion ofall applicable rryuiral inspection procedures. violations am in fact home by the Purchaser. Theretofore,for good cause and w consideration for executing this purchase oMe,, the Seller hereby resigns to the Purchase, any and all claims it may now have aft hereafter Freight Tems. Shipments most be F.O.B., City of Fan Collins, TUo Wood Sc, Fan Collins, CO 80522, unleas acquired under federal m sure mtirma laws for such overcharges raking to the particular goods or savicn otherwise specified on this order. If pemrission is given in prepay freight and charge separately, the original freight purchased or tortured by the Purchaser pursuant to this purchase Omer. bill most accommnv invoice. Additional charges for lacking will at be ficemrd Shipment Distance. Where manff amorm have distributing points in various pans of the counts• shipment is expected f the manner disvibamon point to datination, and excess freight will IN deducted from Invoice when shipments are made from granter distance. Permits. Seller shall procure al sellers sole cost all necessary permits, cenificates and licenses required by all applicable laws, arguaions, oarimnces and sales of the sure, municipality, mrtimry or political subdivision where the wok is performed, at "cored by my other duly conducted public authority having jurisdiction over the work of vendor. Sella further agrees c hold the City of Fort Collins hornless from and against all liability and loss ncurrd by IN. by reason of an assured or rsublished violation of any such laws, regulations, ardinancn, tales and requirements. Authomention. All parties to this contract agree that the mpresenwives are, in fact, farm fide and possess full and complete emhodry to bind said ponies. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the lens end conditions stated herein set tomb and my supplementary or additional tees and conditions annexed hereto or incorporated herein by reference. Any additional or duff nt terms and conditions proposed by seller we objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immedimely rif you carom, make complete shipment to arrive an your promised delivery date m noted. Time a of the ssseace. Delivery and performance must be a@dad within the doe stated an the purchase order and the documents attached hereon. No was of the Purchasers including, without limitation, acceptance of partial late deliveries, 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, the option of placing this order elsewhere and holding the Seller liable far damages. However, the Seller shall nor be liable for damages as a result of delays due to causes not mannishly foreseeable which art beyond its reasonable control and without its fault of negligence, such ace of God, acts of civil or military amhoritin, governmental priorities, fires, strikes, Nandi, epidemics, was or not& provided that notice of the crnditions coming such delay is given to IN, Purchaser within five (5) days of the time when the Sella fan received krowled, thereof. In the event army such &I., the dam Of delivery shall be extmdM for the period equal to the time finally lost by reawa ofthe delay. 3. WARRANTY. The Seller warrants that all goods, olcles, numerals and wok covered by this order will conform with applicable drawings, specifications, samples anNor other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar ounce. The Sella agrees to hold the purchaser harmless form my loss, damage or expense which the Purchaser army suffer or incur as account afthe Sellers branch of wanmny. The Sella shall replace, repair or make good, without cost to Ne pumhau,, any defects or faults arising within one (U year of within such longer period of time or may be puscaibed by law or by the, tenor of my applicable warranty provided by the Seller add the date of ^caepaae of the goods garnished berbout, (azceptame Out a be unseasonably delayed), resulting Now impaled or defame work done or materials fished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this wamenry. Except m otherwise provided in this Pachau cola, the Sellers liability herewdd shall extend a all damages pmximaely caused by the breach of any of the foregoing war cries or guarantees, but such liability shall m no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHAMABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. C CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal ems by mmoon change order. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes to the trrms. Other tin legal terms, including additions to or delerlms from the quantities onginally ordered in the spearcations or drawings, by verbal or women change order. If any such change affects the amount due or the time of,afomtmce hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purcbana may et any time by women change card, tewriwe this agra men, as to any or all pwrimu of the goods then not shipped, subject a my aryiuble adjustment between the ponies as a my work or materials then in progress pvided that the Purchaser sill not be liable for any claims for anticipated pork on the tuwompleted portion ofthe goods mNor work for incidental or com a,mumal damages, and Out w such adjustment be made in favor of the Seller with respect a any goods which are the Sellers senuard stock. No such termination sill relieve the Purchaser or the Seller army of their obligations as to any goods delivered hrreunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for odjustmem must be asserted within thirty (30) days from the date the change or ¢nnination is oolered. S. COMPLIANCE WITH LAW. The Sella winnow that all goods sold hereunder shall have hen produced, said, delivered and famished in Strad .mplunca with all appliable laws mod regulations to which the goods me subject The Seller shall execute said deliver such documents as may be required a effect or evidmre compliance. All laws and regulations ra,u red to be namporzted in agreements of this character are hereby incorporated herein by this reference. The Sella agues to indemnify and hold the Purchaser harmless from all coda, and damages suRead by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall cosign, transfer, or convey this order, or my monies due or to become due hereunder without the prior wrierm cameat afthe otter parry. 10. TITLE. The Seller amounts full, clear and unrecorded title m the fdadwxd for all aryipm., materials, and utter fished in performance of this agreement, free and clan, of my and all liens, restrictions. reservations, security modest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purehasa directs the Seller to correct mncottfanming or defective goods by a date m be agreed upon by the Purchaser and the Sella, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious mews available to it, and the Sella shall any all casts associated with such work. The Selld shall release the Prod axe, and its ro ... of any tier from all liability and claims of any nature resulting form the pafmmance ofsuch work. This release shall apply even in the event of fault of negligence of the pan, elmsed and shall extend to the directors, oRcas and employees ofsuch pony. The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, harder such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is respond] to we any design, device, material or process covered by later, patent, trademark or copyright, the Sella Shall indemnify and save harmless the Pmchasa from any and all claims for inf c,cmem by mason of the use of such pnoted design, desire, material or process in canadian with the Co.,., and shall indemnify the Purchaser for my cost expense or dmage which it may be oblige,[ to pay by reuon ofsuch infringement at my doe during the rumination or after she completion of the wok. In area, said dryipmmt, or my pert thereof or the intended use of the goods, is in such suit held to dominate infringement and the tau of said equipment or pan is enjoined, the Sella shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said cquipmrnt or pans, replace the same with substantially equal but nownfringing equipment. or modify it so it becomes noninfringing. I S. INSOLVENCY. If the Seller am[] become insolvent or bankrupt, make an avigmnent for the felt of creditors, appoint a madva or became fan any of the Sellers property or busuess, this order may forthwith be canceled by the Purchaser without liabilriry. 16. GOVERNING LAW. The def nitims ofterms used or the interpretation ofthe aluminum and the rights of all ponies hereunder shall be command under and go vaned by the laws of the State of Colorado, USA. The following Additional Conditions apply only in dars, where the Sella is to perform work hereunder, including the services of Sellers Re,maddative(s), on the premises cfothrs. IT SELLERS RESPONSIBILITY. The Sella shall tarry on said walk at Sellers own risk until the same is fully completed and acemed, and shall, in mse of my accident, destruction or injury to the work andor materials before Sellers fuel completion and acceptance, complete Ore work at Sellers own expense and to the satisfaction of the Purchaser. Wf materials and equipment are famished by others for installation or section by the Sella, the Sella shall receive, aloud, store and handle same at the sin and Tome responsible therefor as though such materials and/or equipmrnt were beingfamilial by the Seller under the order. 18. INSURANCE The Sella said, m his awn expense, provide fan the paymmt of workers compensation, including mcupmotul 4. benefits, to its e,mplay. employed Or or in cvwenion with the work coved by has 'canal.., . order, andror to their dependents to accomanee with the lawn of the stare N which the work is to be done. The Sella shall also carry comprehensive general liability includin& but cot limited to, eantradmil and automobile public liability insurance with bndily injury and death hours of at leant $300,000 for any one peon. S5og000 fan any one accident and popery damage limit per accident of S400,000. The Sella shall likewise require his contractors, if any, to provide for such compensation and insurance. Before my of Sellers or his contractors employees shall do any work upon the premises of ours, the Seller shall fish the Purchaser with a certificate Just such compensation and insmmce have been provided. Such certificates sill specify the dote when such compenation and insurance have been provided Such comrades sill specify the date what such campensation and insurance expire. The Sella agrees that such compensation and insurance sill be mainui l mtil arm the .tire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entice responsibility and liability for any and dl damage, loss or injury of any kind or nature whatsoever to Persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Sella will indemnify and hold harmless the Purchaser and any or all of she Purchasers officers, agents and employees fmm and against any and all claims, losses, damages, charges or experses, whether direct or indirect, and whether to persons or wotaer ,, to which tbe Purchaser may be put or subject by reason of my fit, action, ocular, omission or default on thc pan of tbe Sella, my of his .manors, or my of the Sallrrs or contractors officers, agents or employer. In cue my suit or other proceedings shill be brought optical the Purchaser, or is olBcum, agents or employees at my time an adomt or by reason of any err, cation, neglm, omission or default of the Sella Of my of his cones mm or any of its or their officers. agents or employees as aforesaid, the Sella hereby agrees a assume the defame therof and to defend the same a, the Seller own expense, to pay any and all tusk, charges, mameys fear and other expenses, any and all judgments that may be hawed by a, obtained against the Purchaser or any of its or their officers, agents or amployms in such suits or other proceedings, and in case judgmrnt or other lien be placed upon or obtained against the, property of the Purchases, or said Junin in or as a result of such suits or other proceedings, the Sella will an mice dear the cone m be dissolved and discharged by giving bond or wodwriar. The Seller and his mouanors shall take all safety pecantions, fah and imull ell guards aecasary for the prevention of acidenu, comply with all laws and mgJlations with regard a safety includin& be, without Jammu., the (Naptional Safery and BOOM Ad of 1970 and all roles and regulations issued panmant therem. Revised OM014