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HomeMy WebLinkAbout104153 SHERWIN-WILLIAMS CO - PURCHASE ORDER - 3215033Fort Collins Date: 01/02/2015 Vendor: 104153 SHERWIN-WILLIAMS CO 2627 S COLLEGE AVE FORT COLLINS CO 80525-2137 Delivery Date: 01/02/2015 PURCHASE ORDER PO Number Page 3215033 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 Note: Line Description Quantity UOM Unit Price Extended Ordered Price Paint 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 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 I. COMMERCW,DEI'AMS. Tax examines. roes. By stamm the City of Fen Collins is exempt fmm state as local aces. Om Exemption Number is I I-NOAWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry g4-6003587 is registered with fie Collector of Failure Of the Purchaser to insist upoe said parflarmance of the mats and who. hereof, failure or delay t0 Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1993, Chapter 39-26, 114 (a). exacive my rights or maries provided herein in by law, failure a promptly notify the Seller in the event of breach, the acceptance of or payment for goods hereunder or approval ofhe design, shall not releme the Seller of Goods Rejected. GOODS REJECTED due to failure 0 meal specifications, either when shipped or due to defects of say of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in hiem. may be murned m you for credit and are not to her replaced except upon receipt of written Purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless instructions from the City of Fan Collins. of when shipped, received or accepted, as W any prior or subsequent default hereunder, nor shall any purported am[ modification or rescission of Us purchase oNer by the Purchaser operate in a waiver of my of the reruns Inspection. GOODS are subject so the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of On crerehaMise, services or equipment in response to this order as result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorised payment an the pan of he City of Fort Collim. However, it is a be, understand that FINAL Seller and nor Purchaser rsmgn've Wad in wood asommum practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion are[] applicable mount inspection pmrNims. violations are in fact home by the Purchaser. Thearemfore, for good cause and as consideration fen examing this purchase order, We Seller hereby assigns on the Forchazer, say and all claims it may rww have an hereafter Freight Trace. Shipments must be F.O.B., City of Fort Collins, 700 Wood St, Too Collins, CO 80522, unless wmired under, rrdeal or state antitrust laws for such overcharges mining to the Particular goods in services otherwise specified on this order. Upeimissim h given to pmpy freight and charge separately, We original freight pt whas ul or acquired by the Purchaser, puns mt to this purchase order. bill muss accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. When: manufacturers have distributing points in various pans of the country, shipment is If me Purchaser directs We Seller to correct nareonforming or defective goeds by a date to be agreed upon by the expected from the nearest distribmim point Ian decoration, and excess freight will be deducted from Invoice when Purchaser and the Sella, and the Seller Remember indicates its inability or unwillingness to comply, the Purchaa shipments arc made fmm greater disaace. may coma the work to be performed by the most exlxditious means available to it, and the Sella shall pay all casts associated with such work. Protons. Sella shall procure at sellers sole rest all necessary permits, anifiatrs and narrow, requited by all applicable laws, regulations, odinam<s and rates of the stare, municipality, former, or political subdivision where the work is performed, or w,.irrd by any other duly renatimted public autlmnry laving jurisdiction over We work of vendor. Seller further sure. w hold he City of Fort Collins harmless from and against all liability and loss annexed d by them by arason of an asserted or established violation of any such laws, regundmss, ordinance, rules aare,mandents. Aathenmtion. All parties to this contract agree that We representatives arc, in fact. bent fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the more and conditions stated herein set forth and any supplementary or additional memo and conditions annexed hereto Or incorporated herein by reference. Any additional or different terms and andibom proposed by sella era objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediaely ifyou corumt make complete shipment to arrive on your promised delivery daze as noted. Time is of fie essence. Delivery and performance must be effecaed within the time stated on the puretnew order and do doctmeets inewhrd hereto. No acts of he Punrchasers Wcludic , without limitation, sccepance of partial Izm deliveries, stall met as a waiver of this provision. In me event ofmy delay, We Punch wer shall have, in addition to other legal and wadable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to rouses not ream nably foreseeable which are beyond its reasonable central and winner its fault of negligence, such acts of God acts uncivil or milimry authordies, gmanno eral pminorities, fires, strikes, flood, epidemics, wars or Hats provided Oat notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof In he went of any such delay, the date of delivery shall be extended for the period equal to he time artmlly lost by reason of he delay. 3. WARRANTY. The Sella warrxsts that 01 good, articles, tmrerials and work coveed by this eager will carJorm with applicable drawings, specifications, samples matter other desaiptiona given, will be fit for fie purposes intended, and perfoma wife the highest degree of are and comprtena m accordance with accepted standards for work of a similar natm. The Seller agrees m hold the purchaser harmless from my loss, damage or expense which We Purchaser may suffer or how on account offer Sellers breach of warranty. The Seller shall music, repair or make good, without cast to We purchaserr, my &fcts or faults arising within one (1) year or within such longer period of time es may be prescribed by law or by the dorms ofmy applicable warrmry provided by We Sella after the date of acceptance of the goods famished hereunder (acceptance not W be unreasonably delayed), resulting from impairer or defective work don or materials famished by the Seller. Acceptance or me of grad by the Purchaser shall not constitute a waiver of my claim under his wartanry. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximaeely caused by the breach of my of fie foregoing womantia or guarantees, but such liability shall in we event include loss of perfts or loss of use. NO ]IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchase may make changes on legal tames by wxiam change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchases may make any changes to We terms, office than legal terns, including additions m a deletimis from the gmmifrs originally unload in fl r specifications or dmwinga, by verbal or written change aide, If an, such change areas the amount due or the time of performance hereunder, an e, iable adjustment shall be made. &TERMINATIONS. The Pmchaser may at my time by wrinee change order, temrirate this agreement as m any or all portions of We goad then ant shippeak subject to any readable substrates Isotherm the parties as to any work or materials then in ,regress provided Out the purchaser shall ant be liable for an, claims for anticipated profits on fie ancompletN potion of the good maker work, for incidental or emuquentlal damages, as Out no such adjusnnmt be made in favor of We Seller with respect to my goods which are We Sellers standard sack. No such termination shall relive We Purchaser or the Seller army of fair Obliypmew w to my goods &livered hereunder. T. CLAIMS FOR ADJUSTMENT. AV claim for adjument must be asserted within thirty (30) days fmm the date the change or nomination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all grads sold hereunder shut have been produced, sold, delivered and famished in inner compliance with all applicable laws and regulations m which he goad ate subject The Seller shall execute and deliver such documents as may he eeyuiml to emfat or evidence mmplhence. All laws and regulations requiM to be ncaryomte t in agreements of his character are hereby international herein by Us reference. The Sells agrees so indemnify and hold he Purchaser harmless fmm all costs and damages suffered by the purchaser as a result of dhc Sellars failure so amply with such law. 9. ASSIGNMENT. Neither p.my stall assign, hares(, or convey his corder, or any meanies due or to become due hemand r without the prior wrina exasent or the other patty. 10, TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items f mishal in performance of this agreement fee and clew of any and all lines, reatrichomu, eeservatiora, wordy interest encumbrances not claims credit The Seller shall release the Purchaser as its ..two. of any der from all liability and claims of any nature moulting fmm the performma ofsuch weak. This release shall apply even in the event of fault of negligence of he parry eelmsM and shall exceed to the directors, iffver, and employees ofsuch perry. The Seller's communist obligations, including wom nry, shall nod be domed to be reduced, in ony way, because such work is pafamted or caused m be parfornee t by the purchase. 14. PATENTS. Whenever the Sella is required to car my design, device, material or Pancras covered by letter, patent, trademark r copyright the Seller shall indemnify and cave barmleas the Purchaser f any and all claims far infnngemeat by reason of the use of such padented design, device, undmial or process W ex mection with the contract, and shall indemnify he Purchaser for any cost, expense or damage which it may be obliged to pay by reason fsuch infn'ngemem ad my time during We promrntim or inner the completion of the weak. In case said aptipm on, or my pan thereof or for intended use of the goods, is in such suit held to a m irmte infringement and the use of said se uipmeet or part is enjoined, Ore Seller shall, at its own expense and at its option, either procure for he Purchaser Or right to continue in, said equipment or parts, replace the same with autonomically rya] bet mainfnging equipment, or modify it w it becomes noninfdnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property, or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definition Ofit. word or the ivteepme .of he.,reamnt and the rights ofall Fortis hrmanda shut be, crosaued wader and governed by We hews oftbe Stam.&C.Imado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work barracudas, includingthe sanvicaof Sellers Re,ax eeamivch), W thepromiusofothers. IT SELLERS RESPONSIBILITY. The Sella shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before settees final completion and exception , complete the work car Sellers own expense and W the satisfaction of on Purchase, When exam als and equipment are famished by others for installation or section by he Seller, tbe Seller shall carrier, unlmd, store and handle more at We site and become responsible therefor as though such materials maker equipment were being fiumalood by the Seller under the order. 18. INSURANCE, The Seller shall, an his axes expense, prom& for the payment Of workers wmpowlion, including ..,be.] disease baefirs, to its employees employed an or in connection with the wed covered by this purchase oNer, odor a Weir depetMents in accordance with the laws of the some in which the work is to be done. The Sella shall also carry comprehensive gmeal liability including, but not limited to, contran ced and automobile public liability owners with bo ily injury and Beam limits of in ccast $3W,0W for any one person, SSW." for my one accident and property damage limit per accident of $400,000. The Sella shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of We Sellers or his contractors employees shall do any work upon the premises of others, the Sella shall furnish the Purchaser with a certificate that such compensation and insurance have been provided. Such cerdfcates shall specify the date when such compensation and imurancc have been provided. Such certificates shall spaityhe date when such compinewhon gad insurance aprons. The Seller agrees West such remperavtion and moseance shall be maintained refit aver the antis work is completed and acceptM 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes Par entire or wessibiliry and liability for my as all damage, loss or injury ofmy kind r comer whatsoever W peramis or property caused by or resulting from the execution of fir work provided for an Us purchase order or in connection herewith. The Seller will indemnify as homeless hold haless the Purchaser and my r all of the Purchasers officers, agents and employers from and against my and all claims, lasses damages, changes or expenses, whether direct or indirect, and whether to persons or property to which We Purchaser may be put or subject by reason of any set, action, neglect, omission or default on the pan or the Seller, any of his comorwors, or my of the Sellers or ontractors officers, agents or employees. In rase any suit or other proce amp shall be brought against the Purchms, or its officers, agents or employers at my time on account or by moom of any an, action, negleeL omission or &fault of the Sella of my of his contactors or any of in or their officers, agents in employees as aforesaid, the Seller hereby agrees to assume the defense carrier and to &fees the were at the Sellers own expense, I. pay any as all enses, charges, estimates fees as other expenses, my and all judgments Oat may be Weaml by or obtimd against Ore pumbaser or my of its or tbeu officers, agents or employees in such suits or other proa radmi well in case joi sweat in other lien be placed upon or obaiad against tin property of the Pucharr, or aid ponies in or ss a resWt of such suits or other proceedings, the Seller will al once cruise the same to be dissolved and discharged by giving bend or ohemdu. The Sella and his contractors shall hake oil safety precaution, finish and install WI guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation In, Occupational Safety and Health Act of 1970 as all rules and rcgulationsissued parme nt thereto. Raised R7n0I4