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HomeMy WebLinkAbout444085 METAL DISTRIBUTORS LLC - PURCHASE ORDER - 3215027PO PURCHASE ORDER 321502er Page CI�/ of PURCHASE '15027 t of z ' `F6rt Collins[ his number must packing V �7 on all invoices, packing sli s and labels. Date: 01/02/2015 OTTIT.GTl 1EE,111-R METAL DISTRIBUTORS LLC 1400 E MULBERRY ST FORT COLLINS CO 80524-3518 Date: 01 /02/2015 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 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.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. COMMERCIAL DETAILS. Tax exemptions. By statute be City of Fon Collins is exempt from state and local taxes. Our Exemptiw Number is I I. NON WAIVER. 984,1502. Federal Excise Tax Excmpfim Cmifirm, of Registry IN-6000587 is registered with the Collator of Failure of Ne Enrichment m most upon strict performance of Ne terms and conditions hereof, failure Or delay as Internal Revenue, Denver, Calwa k, (Ref. Colombo Revised Statutes 1973, Chapter 39-26, 1 is (a). exercise any rights or mmedles provided herein or by law, feVlure to promptly notify the Seller in fie even of a breach, the acceptance arm payment for goods hereunder or approval affix design, shall not release the Seller of Good Rejected GOODS MELTED due to failure m coed specifications, either when shipped or due m defects of any of the warranties or obligations of this Purchase order and shall not be dremed a waiver of any fight of the damage in transit, may he returned to you for credit and are not to be replaced except upon receipt of wdnen Purchaser to insist upon strict perfomance hereofor any of its rights or remadin as to any such goods, regardless instructions farm the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any pomaded used modification or rescission of this purchase order by the Purehner operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Fan Collins inspection on arrival. hereof. Fial Acceptance. Receipt of the merchandise, services or equipment in response to this order an result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. aalmareed payment on the part of the City of Fort Collins. However, it is to b, understood that FINAL Seller and be Purchaser recognise that in canal m min promise, overcharge resulting fom aatitmt ACCEPTANCE is dependent upon completion ofall applicable res,ired impmtion procedure. violations are in fact borne by be Purchaser. Theremfrce, far good muse and as cmaidermion far executing this purchase order, the Seller hereby maigm to the Purchases my and all claims it may new have or ber, after Freight Terms. Shipman¢ coal be F.O.B., City of Fort Collins, TOO Wood St.. Fort Collins, CO 80522, mless enquired under feeral or state antivast Lvow frr such overchati relating to be particular good or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original fight purchased or acquired by the Purchaser ptrsta , to Nis purchase order. bill most accompany invoice. Additional charges far parking will not be acreptW. Shipment Distance. Where manufazNrers have distributing paints in various pans of the country, shipment is expected from the wrest distribution point to destination, and excess freight will be deducted Room Invoice when shipments arc made from greater distance. Permits. Seller shall pareure at sellers sole cost all recession, Tamils, renificates and licenses required by all applicable laws, regulatmo, ordinances and mla of the sate, municipally, main, or political subdivision where the work is performed, or r smaid by any other duly commored public authority having junss irdon over the work Of Vardar. Seller harbor agrees to hold the City of Fon Collins Formica, from and against all liability and lass incurred by them by reason of an nsened or em blisbed violation army such laws, regulation, ommances, miss and rcquiremrnts. AuNorieation. All parties to Nis warrant agree that the representatives are, in fact, bow fide and possess full and complete amhanry to bind said Entries. LIMITATION OF TERMS. This Purchase Order expressly limits murplance m the temp and condition stated herein set forth and any supplementary, or additional terms and conditions annesW hereto or incorpoated herein by of so me. Any additional or different tears and condition proposed by seller arc objected to and hereby rgected. 2. DELIVERY. PLEASE. ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to amve on your promised delivery dare n ..led. Time is of the essence. Delivery and performance must be effected within be time stated on the purchase order and the documents mcolial hereto. No aces of the Purchasers including, without limitation, acceptance of partial fah deliveries, shall operate m a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and affable remedies, the option of placing this order elsewhere and holding fie Seller liable for damage. However, be Sella shall rot be liable far damages n a.1, of delays due to mush not reauoably f able which ass beyond its wawable vmmI and wolou, its fad, ofn,li,ence, such acts of God. xts of civil or military, authorities, gavnvmmal priorities, riles, stakes, Rood, epidemics, was or hots provided that drum of the conditions caning such delay u given a be Purchver within five (5) days of the time when fie Sella Mt received knowledge thereof. In the event of any such delay, the dam of delivery shall be extended for the mood equal to be time ucwlly last by reason of be delay. 3. WARRANTY. The Seller warrants Nat all good, articles, materials and work covered by this order will conform with applicable drawings, specifiations, temples and/or other deacriptimu given, will be fir for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted wadard for work of a similar raturs. The Sella agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer m incur on account arm, Sellers breach of wanany. The Seller shall replace, repair or make good, without east to the purchaser, any defects or faults easing within one (1) year or within such longer period of time a may be prescribed by law or by Ne tram army applicable warranty provided by the Seller offer the date of acceptance of the good famished hereunder (acceptance not to be uoreasoably delayed), resulting from imparna, or definitive work done or materials famished by the Seller. Acceptance or ram of goads by be Purchaser shall Out mntitum a waiver army claim under this wmmnry. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages pmxvramly mused by fie breach of any of the foregoing -,a. or Samurai, but such liability ahall in no event include lass of pmfiB or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. a. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal recurs by write. change other 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the teens, other ban legal term, including addirioa to or delmans from be quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change effects the amount due or the time ofperfmmance heemder, an equitable adjatment shall be made. 6. TERMINATIONS. The Purchaser may or any time by wroms change order, hrmiome Nis specimen, as as my of all portion of Ore goods then tut shipped, subject to any namable ndjuummt between the panic as to any work or materials then in progress provided Oar the Purchaser shall not be, liable for any claims for anticipated parts on be uncompleted portion of the goods tractor wok, for incidental or consequential damages, and that no such adjustment b, made in favor of the Seller with respect to any goods which art the Sellers smndad mark. No such temriation shill relieve the Purchaser or the Seller of any of fieir obligations is, to my goods delivered herander. ]. CLAIMS FOR ADJUSTMENT. Any claim for tat son ent must he Waned wilia thirty (30) day5 from the date be change or remiation is ordered. 8. COMPLIANCE WITH LAW. The Sella warrants that all goads sold heremder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulation to which the good sum subject. The Seller shall execute and deliver such documents as ray be dexuired to effect on evidence cornplience. All laws and regulaion required to be incorporated in alpeemmes of Nis character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hartnme, from all costs and damages suffered by be Purchaser n a tend, of the Sellers failure to campy with such raw. 9. ASSIGNMENT. Neither parry shall assign, tern@m or convey this order, or my monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller warrants full, clear and wan stdch l title to be Purchaser for all equipment materials, and item furnished is Part.. Of this agreement f and clear of any and all lien, restrictions, rescrva im. security imernl mcurnm nces and claims ofodeve, 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser dime¢ the Seller to correct nonconforming or defective goods by a dale to be agreed upon by fie Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may muse fie work to be performd by the most expedition mean available to it, end the Seller shall pay all costs associated with such work. The Sella shall reline the Purchaser and its contractors of any fier farm all liability and claim of any aware mulling from be perfomrance of such work. This almor shall apply ram in the event of fault of negligence of the party released and shall aamd to the directors, offers and employees ofsuch parry. The Sellers mntracnul obligation, including warranty, shall root be deemed to be reduced, in my way, because such work 6 performed or mused to Far performed by the Purchaser. 14, PATENTS. Whenever the Seller is required to use any design, device, material or process covered by Is-,. polar, aadema k or copyright, fie Seller shall indemnify and save hammlev the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cast, expense or damage which it may be obliged to pay by reawn of such in0ingament m any time during the prosecution or alter the completion of the work. In case said equipment, or any pan thereof or the Intended use of the goods, is In such suit held to constitute Infind,wout and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its aption, either promote for the Purchaser be right to continue in, mid equipment or Two, replace fie same wifi substantially equal but noninfringing equipment, or modify it as it becomes namiafnngiag. I S. INSOLVENCY. If be Salter shall became insolvent or baMrvpt, make an assignment for the Mhrit of realms, appoint a receiver or mwee for my of the Sellers pmpaty or tininess, this order may foMwith he canmled by fie Purchaser without liability. 16, GOVERNING LAW. The definilioas off. used or the interpretation Mthe agreement and be rights ofail patties h ro miler shill be construed under and governed by the laws of the State of Colorada, USA. The following Additional Condition apply only in testes where the Sella is to pnfmm work hmreu including the services ofSelim Representalive(s), on be premises of others. 17, SELLERS RESPONSIBILITY. The Sella shall cart, ern mid work at Sella, own risk goal fie same u rally campined and accepted, and shall, eve of any accident destruction or injury at be work will mmeriats before Sellch fool comploon reed acre warm, complete the work at Sellers own expense and m the satisfaction of be Purchase. When materials and egapo e., are fmished by others fen inmllati m err.,toa by be Seller, de Seller shall receive, uolad store and handle same at the site and become responsible therefor as Nought such matenak and/or optimum, were being famished by the Sella under the order. 18. MSURANCE. The Seller shall, at his own expense, provide for the poymmr of workers compensation, including mcupatioal 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 sane in which the work u to be done. The Seller shall also any comprehensive general liability including, but not limited m, cmtractal and camomile public liability insurance with bodily injury and death limits war least $300,03) for my one pe ear, S500,000 far any one accietm and property, damage limit per accident of SgOo,o00. The Seller shall likewise nature his mntacson, if any, to provide for such comperuation and insurance. Before eery of the Sellers or his mummers employees shall many work upon be pmnises of others, be Seller dull furnish the Pumbaue with a certificate that such compensation and inurence have been pmsided Such certi0cnew shall specify the dare when such compensation and insurance have been pmvidcd. Such cerrificmes shall specify the date when such compensation and monsieur expires. The Seller agrees that such compensation and insurance shall be mammined =it after the entire wok is completed and occryred. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby ass=a the entire responsibility and liability for any and all damage. lam or injury of my kind or nature whmsaever to persons or property caused by or resulting from Ne execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Fmebner and any or all of the Purchasers officers, agents and employees farm and against any and all claim, losses, damage, charges or expenses, whah" show, or indirect and whether to person or prupetry to which the Poncbearr may be put Or subject by drawn of any act action, neglect, omission m default on the port of the Seller, any of his contractors, or any of the Sellers or contraction officers, agents or amployms In case any suit or other proceedings shall be brought against Ne Purchver, m its officers, a,. or employees at any fine on --ant or by reason of my set action, ncglmt omission or default of the Seller of my of his contractors or any of as or their officers, agents or employees as of said, the Seller hereby agrees to avume the defense thereof and m defend the sane ed the Sellers own expeme, to nay any and all cass, charges, attomrys fees and other expenses, my and all judgments that may be incurred by or obtained against fie Purchaser or my of its or thew officers, agents or employees in such suits or other proceedings, and in case judgment err other lien IN placed upon or obtained against the property of $e Purchaser, or mid parries in or as a result of such suits or other proceedings, the Sella will at once cane the same to be dissolved and discharged by giving bond or otherwise. The Sella and his contractors shall take all safety precautions, famish and install all guards baesmry for be 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 ell rules and ca mmon issued pursumt Neese. Revised OROIa