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HomeMy WebLinkAbout106459 ANIXTER INC - PURCHASE ORDER - 3215040Fort Collins Date: 01/02/2015 Vendor: 106459 ANIXTER INC 4505 FLORENCE ST DENVER CO 80238 Date: 01/02/2015 PURCHASE ORDER PO Number Page 3215040 1of2 This number must appear on all invoices, packing slips 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 Communication Supplies Annual P14 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@fogov.com 1 LOT LS 5,000.00 Total $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 smote the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NON WAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hamo, failure or delay to Internal Revenue, Denver, Colorado (Ref Colorado Revised Somms 1973. Chapter 39-26. 114 (a). exercise any rights or remedies provided heein or by law, failure in promptly notify be Seller in the event of a breach, the accept ne ofor payment for goads hereunder or approval of be design, shall not release the Seller of Goods Rejected GOODS REJECTED due to failure m meet specifics tiros, aiden, when shipped err due to defects of my of the warranties or obligations of this purchase order and shut] rot be deemed a waiver of any right of be damage in crown, may be rcnuoM m you for credit mrd are not to be rVlmed except upon receipt of wonm purchaser to insist upon strict perfomane hereof or my of its rights or mancaBes w an my such goods, regardless i... f the City of Fear Call.. of whom shipped, received or accepted, as to any prior Or worriment de Bob hereunder, wf shall my pmpnned tint modifietian or a.dssiw of this purchase order by the Purchaser operate as a waiver of my of the tams Inspection. GOODS sre subject o be City of Fort Collins inspection an arrival. hereof. Final Acceptance. Receipt of the merchandise, services or ryuipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. amhorized payment an the pan of the City of Fort Collies. However, it is to be understood that FINAL Seller and the Purchaser recognize bar in actual economic practice, Overcharges resulting from contrast ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations arc in fict home by the Purchaser. Theretofars,for good cause and w consideration for executing this purchose order, be Seller hereby assigns m be Purchaser any and all claims it may now have or hereafter Freight Team. Shipments mast be F.O.B., City of Fort Collins, 7W Wood St, Fort Collins, CO 80522. undess acquired under gradient Or state antitrust laws for such overcharges relating to be particular grads or services otherwise specified on this order. If permicsim is given to prepay freight and charge separately, be original freight purchased or acquired by be Pmcharer porsnant to this purchase Order, bill now mcomwnv invoice. Additional chores for oackirre will not h recamed. Shipment Distance. Where manufacturers have distributing points in various pans of be country, shipment is expected f be nmrest dot bution Point to destination, and excess freight will be, battered from Invoice whm shipments am made from g.I,r distance Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and knewst required by all applicable laws, regulations, oNimnces and roles of the same, municipality, temmry or Polaroid subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over be work of vcndw. Seller further agrees to hold be City of Fon Collins harmless f and against all liability and loss incurred by been by rases. of an asserted or established violation of any such lases, regulwions, omiwnces, atlas pad reptiremens. Auth rneation. All parties to this contract agree that be representatives are, in fact, berm fide and pwssss full and complex, authority to bind said parties. LIMITATION OF TERMS. This Purchase Omer expressly limits acceptance m the terms and conditions stated herein set forth and any supplementary or additional temu and conditions annexed herein or incorporated herein by reference. Any additional or different term and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on year promised delivery date as noted. Time is of be essence. Delivery and performance must be eR ted within be time stated on the purchase timer and the dom m rots watched hereto. No ens of the Purchasers including, without limitation, acceptma of maul late deliveri., shall operate as a waiver of this provision, In the event of any delay, the Purchaser shall hive, in addition to other legal and emiattle remedies, the option of placing this order elsewhere and holding be Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not mosmably foreseeable which ore beyond its macouable control and without its fault of negligence, such acts of Gad acts of civil or rind ary suthoriries, gover .] peanuts, fires, strikes, flood, epidemics, wars or nuns prmid but notice of be conditions causing such delay is given to the Purchaser within Five (5) days of the time when be Sella first received knowledge thereof In the armor of any such delay, be data of delivery shall be, extended far be proud equal a the fine imaally two by never. c fhee delay. 3. WARRANTY. The Seller warrants that all gwd, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples andlor other descriptions given, will be fit for be purposes intended, and performed with the highest degree of care and competence in accordance with mepsed mordants for work of a similar whom. Tha Sella agrees to hold the purchaer harmless from any loss, damage or expense which be Purchaser may suffer or incur on account of the Sell. breach of warranty. The Seller shall replace, repair ar make goad, wid wt cast to be purchaser, my defects or faults arising within mic (1) ymr m within such ]anger paned of time an, may he prescribed by law or by be toms of my Valuable warranty provided by be Salle order the date of acceptance of be goods fuMshed beremder (mapmwc not o be unreasonably delayed), resulting f imperfect or defective week done or ram mah boosted by be Seller . Aaep rote Or use of goods by the Purchase shall not onstimate a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, be Sellers liability hereunder shall extend m all damages proximately caused by the breach of any of the foregoing warrant. or gupamntees, but such liability shall in no event include loss ofpmfils or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchase nay make changes to legal terms by winner change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the move, obey ban legal sews, including additions to or deletions from the minarines, originally ordered in be specifications; ar drawings, by verbal in wetter change We, If any such change affect the amount due or the rime of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchase may a, any time by written change alder, terminate this agreement as so my err all poniaw of me goods then not shipped, subject to my equitable adjustment between the parties in to my work or mateeals then as progress presided that the parduser shall not M liable for my alwas for anticipated profits on be uncompleted portion of be goods anNor wed, far mtidental Or cmetyuwtial darn'., and that no rush edjustmmt be made in favor of the Seller with r.poa to my goods which an, be Sellers ssa stand stock. No such owiration shall relieve be Pmchwe or the Sella, ofary of their obligations as to any good, delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be shed within thirty (30) days from bra dam the change or term ontiou is ordered. S. COMPLIANCE WITH LAW. The Seller vaarranls but all goods sold hereunder shall have been produced. sold, delivered and banished in strict complim want all applicable laws and regulations o which be goad Om subject The Seller shall execute and deliversuch dacumrns as maybe required to effect or evidence compliance. All laws and regulation numbed to be incorporated in agreements of bis chance am hereby incorporated herein by this ref nce. The Seller agrees to indemnify and hold the Purchaser kaamless from all costs and damages suffered by the Purchase m a result of be Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall sign, printer, or convey this order, or any woman due Or to become due hereunder without be prior wenm cowml of dre w nw Poury. 10. TITLE. The Seller warrants full, clear ram unrestricted title to the Purchase for all equipment, materials, and items fumisbed in performance of this agamb en, foe and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims ofobers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifbe Purchaser directs be Seller to correct nonconforming or defective goods by a date in be agreed upon by be Purchase and flue Seller, and the Sella thereafter indicates its inability or unwillingness to comply, be Purchaser may cause be work to be performed by the most expeditions means available to it, and the Seller shall pay all costs assacinmd with inch work. - The Sella shall release be Purchaser and its contmcors of any tier firm all liability and chins of my roam. resulting from the performance ofsuch work. This release shall apply even in be event of fault of negligence of be party released end shall extend as, the dimomrs, officers and employees fsuch parry. The Salle a cantmcmd obligations, including waaaanV, shall rim be devoted to Im Printed, in any way, because such work is performed Or caused to be perrotmed by the Purchases. 14. PATENTS. Whenever be Seller is required to use any design, desire, material or procew covered by letter, pataw, , trademark or copyright. be Seller shall iMemnify and save harmless the Purchases from any not all claims fro indingement by reason of be use of such patented design, devive, material or Proc.s in comection with the Warrant, and shall indemnify the Purchaser for my ewL expense or damage which it may be obliged to pay by reason of such infringement at any time during be pu sevtion or after the completion of the wed. In can said aquipmm4 or any pan thereof or the mounted use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own asperse and was option, either mature for be Purchaser the right to continue wing said equipment or pans, replace be same with substantially alml but nowafringing enuipmmd, or modify it so it becomes noninfdnging. 15. INSOLVENCY. If the Seller shall become insolvent or beer em, mite m migration for the benefit of acdinim, appoint a receiver to as for any of be Sellars property Or busfs, this order may forthwith be aaneled by the Purchase without liability. 16. GOVERNING LAW. The definition, of toms and or the intapotation ofthe agramem and be rights of all panics hereunder shall be wormed under and governed by the laws of be State of Colorado, USA. The following Additional Conditions apply only in cases where be Seller is to perform work hereunder. including the services of Sellers Rapresenmive(s), an the premises nfothers. ❑. SELLERS RESPONSIBILITY. The Seller shall carry nn said work al Sall Wa own risk until the sarne is fully completed and mttpod, and shall, in se of any accident, d.mction or injury to the week andlor materials beg Scllals foal completion and areapmwe, complete be work at Seller own expose card to the satisfaction of be Purchaser. When materials and equipment we famished by others for installation Or ereeion by be Seller, the Seller shall receive, unload, store and handle same at be site and become responsible therefor as though such materials andlor equipment were being fumisbed by be Seller under be order. 18. INSURANCE. The Salle shill, at his owe expense, Provide for the payment of wotkm compmsetiom including oeup=..l disease bmefis, to its employees employed w or in Wunation with be work coveted by this purchase area, audio to their dependent, in mcordame with be laws of be state in which be work is to be done. The Seller shall also army comprehensive general liability including, but act Barrel o, courrom d and mmmoblle public liability insurance with badly injury and death limits of or least E300,000 for any arse person, E5o am for any one accident and property damage limit par accident of S400,000. The Sella shall likewise require his contractors, if any, in provide for such consiscessinal and insurance. Deforc any of be Sellers or has contractors employees shall do any work upon the premises of others, the Seller shall British be Purchaser with a certificate bat such compensation and insurance have been provided. Such certificates shall specify be date when such compensation and insurance have been provided Such certificates shall specifythe date when such compensation and insunwc expires. The Sella agrems this such examensw oa she iworame, shall be mainmined if after the entire work is mmpleal and wceptad� 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby wwin as the are responsibility unit liability far any aM all damage, loss or injury ofany 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 Seller will indemnify and hold harmless be Purchaser and any or all of be Pwchwat, officers, agents part employees from and against my and all claims, losses, damages, charges or expenses, whether direct or indirte, and wbeber b persons Or property m which be Purchaser may be Put or subjer, by reamn of any w, action, rival., omission or default ea be pan of be Seller, my o! his Wnmcmrs, or or, of be Sellers or contractors officers, agens Or employees. In case my suit or other proceedings shall be brought against doe Purchaser, or its oIBcars. Vents or employees at any 6. as account or by pawn of my act. action, neglect. omission or default of be Seller of any of his cormaremas or any of its or heir officers, agents err employees as aforesaid, be Seller hereby We. to assume the data. bearof and to defend the name at be Sellers own expense, to pay any and all cons, thong., sttomeys fees and other expenses, my and all judgments bar may be incurred by or obtained against the Purchaser or my of its or their officers, agents or employees in such suits Or abet proceedings, and in case judgment or other lien he placed upon err abound agaiw, the property of the Purchaser, or said parties in or n a result ofsuch suits or other proceedings, the Sella will at once cause be name to be dissolved and discharged by givii boed or oherwdse. The Seller and his contme as shall mine all safety instructions, famish sod install all eumda necessary for be proration of accidents, comply with all laws aed regulations with regain to many iwinding, but without hw m Orr. the Occupational Safety men Health An of 1970 and all roles and regWadow issued pursuant berim. Revised 09RDI4