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HomeMy WebLinkAbout111360 GRAINGER INC - PURCHASE ORDER - 9150065 (2)Fort Collins Date: 01/08/2015 Vendor: 111360 GRAINGER INC 4531 INNOVATION DR FORT COLLINS CO 80525-3406 PURCHASE ORDER PO Number Page 9150065 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: DRAKE WATER RECLAMATION CITY OF FORT COLLINS 3036 ENVIRONMENTAL DRIVE FORT COLLINS CO 80525 Delivery Date: 01/07/2015 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered I Price 1 2015 Blanket PO Maintenance 1 LOT LS This Purchase Order is for the procurement of goods and/or services, as needed during the current calendar year. Dollar amounts specified are estimates and not a promise to purchase any minimum amount of such goods and/or services. z 2015 Blanket PO I&E 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.00m 1 LOT LS 15,000.00 5,000.00 Total $20,000.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Bifififitififirtfivedifima-w -tin me Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By shuttle the City of Fan Collins is exempt fmm sate and 1=1 taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption, Carries. of Registry 84-6000587 is registered walk be Collector of Failure of be Purchaur to insist upon strict performance of the terms err conditions hersel failure or delay a Internal Revenue. Dora. Calomdo (Ref Coloredo Revised Statutes 1973, Chapter 39-26,114 (a). excise any rights or remedies provided herein or by law, failure to promptly notify be Seller in the event of a breach, thearomis ttce arm poymcnr for goods hereunder or appavwl of kin design, shall Out mrheaude Sellerof Goods Reported. GOODS REJECTED due on, faihue to mart specifications, sdlrcr when shipped or due W dcaus of my of the wammties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit. may be trimmed an you for credit and are trot a be replaced except upon receipt of written liquidation to insist upon $islet performance forearm any of its rights or remedies ss to my such goads, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prim a subsequent default hereunder, nor shall any purposed coal modification in rescission of this purchase order by the panderer opinion, e a waiver of any of be n,rms Inspection. GOODS am subjea a the City of Fort Culliro iwparion on arrival, hereof. Final Ameptance. Receipt of fie merchandise, service or equipment in response to this Order nn result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment oa the pan of the City of To. Collins. However, it is to be understand Nm FINAL Seller and be Purchaer recognize that in actual economic practice, overcharges resulting frommriuvst ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures, violations arc in fat home by the Purchaser. Theretoforefor good cave and as consideration for executing Nis purchase order, the Seller hereby assigns to the Purchaser my and all claims it may now have or hereafter Freight Terms. Shipments must M F.O.B., City of Fan Collins, 700 Wood St., Fart Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating at fin particular goods or services otherwise specified an this order.Ifpernisslos is given to Inepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most accompany invoice. Additional charges for packing will not he accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is if the Purchaser directs the Sella to correct nonconforming or defective goods by a date to be agreed upon by fie expected from the nearest distribution paint no destbri ion, and excess freight will be daductad from Invoice when Purchaser and the Seller, and the Seller kerealla indicates its inability or unwillingness to comply, be Pumh weer shipments are made from greater distance, may cave the wort to be performed by the most expeditions norms available to it, and the Seller shall pay all eons assoeistalwith such work. Permits. Seller shall immure at sellers sole cost all na., permits, certificates and licenses required by all applicable laws, tegulotiow, ordinances and ales of the state, municipality, territory or political subdivision where the work is performed, or required by any ofer duly cmstitutN public authority haviall msdiction over be work of vendor. Seller harbor agrees Ins hold the City of Tom Collins bard. from am against all liability and loss incurred by tMm by rcamn of an asserted ea established violation of my such laws, egulatioos, mdimnces, rules err r luiremm.. Authorization. All panics or this contract agree that the representatives are, in fact, haw fide and possess full and complete authority to bin said Fares. LIMITATION OF TERMS. This Purchase Orda copiously limits acceptance to the terms and mMiuons stated herein sa fork aod my supplementary or additional terrw and conditions annexed borrow or incorporated herein by reference. Any additional or dilTermr terms and conditions proposed by seller se objected to and hereby rejmta. 2. DELIVERY. PLEASE ADVISE. PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and perfr mance must be official within the time stated an the purchase order and the documents attached hereto. No acts of Ike Purchasers including, without radiation, acceptance of radial late deliveries, shall operate w a waiver of this provision. In the event of any delay, be Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing 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 causes not reasonably foreseeable which are beyond its reasonable ventral and without its fault of negligence, such acts of God, acts ofcivil or military authorities, governmental priorities, fires, strikes , Rood, epidemics, wars or riots Twiddled that notice of the eoudirions causing such delay is given an the Purchaer within five (5) days of the tinge when the Serer Ent received knowledge thereof. In the event of any such delay, he ate of delivery shall be extended for be period egwl to the time not lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goad, articles, materials coal work covered by this maker will conform wik applicable drawings, specificatima. samples andMr office descriptions given, will he fit for Ike proposes interest sr performed with be highest degree of care err competrnce in acmName with accrytW standrd for weak of a railer ..no The Seller agrees to Mid IM purchaser harmless from on, loss, damage or .spas. which the Purchaser may mR or incur oa account of fin Sellers breach of warranty. The Sella shall replace, repair or make good, wilMut cost to be purchases. my defects or faults mixing within me (1) year or will such longer period of time as may be presmbed by law or by the hems of any applicable wammmV provided by be Seller after the date of acceptance of the goods famished hereunder (acceptance not to b, imaginably delayed), resulting fmm imperm t or defective work done or materials famished by be Seller. Acceptance or use of goods by the Purchaser shall not onstiate a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, be Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss of prorits or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terns by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to be toms, office elan legal term, including additions to or deletions from the quantities originally ordered in be speoiMaMro or drawings, by virtual or wdnen change order. If my such change offer. the.mown due or kin time of erfomtance hereunder, an equitable shipments, shall be aide. 6. TERMINATIONS. no Purchaser may at any time by worm change order, terminate this agreement as to my or all redraw of the good fen not shipped, subjeat to any Notable rjurmmt between the Partin as to my work or maserials then in progress provided that be Purchaser shall rat ha liable for any claims for anticipated Prof. on the uncomplesed portion of IM gars mWor work, for incidental or consequential damage, and bar no such rjmtment be, made in favor of the Seller with respect to any good which ere the Sellers standard stock. No such temtiwuon shall relieve the Purchaser or me Sella ofany i f Ncir mligmiam as as any goods delivered hertunda. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the derto the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that ell goods sold hereunder shall have been produced, sold, delivered and fmished in strict ompli... r with all applicable laws err regulations to which the goad are subject The Seller shall execute and deliver such documents as may be required to effect m evidence compliance. All laws and copulation, required to be incorporated in agreements of this clamctm are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold be P rchrner ha idess from all casts and damages suffered by the Purchaser as a result of fie Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or com my thus order, or any monies due or a become due harder widas the prim wrinea consent of the ofer parry. 10. TITLE. The Sella wurran. full, their err unrestricted title to Ike Purchaser for all equipment, materials, and items famished in performance of this agreement, fee and) clear of my and alb tiers. mai icrime, reservation., security comet emumbmma and claims aromas no Sella shall release the Purchaser and its conactos, of any tier fmm all liability and claims of any nature resulting from be performance of such work. This release shall apply even in the event of fault of negligence of the party relesed and shall extend in, Ike dirtctons, officers and employees ofsurh party. The Sellers matmctml obligations, including warranty, shall at be dnmed or be causod, in any way, becase such work is performed or caused to Ise performed by dre Purchaser. 14, PATENTS. Whenever be Sella is required to use any design, device, material or process covered by letter, patent, trademark or copysibi. the Seller shall indemnify and save harmless fie 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 cost, carcass, or damage which it may M obliged to pay by reason of such infringement at my time daring the p carralion or after 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 in constitute infringement and the use of said equipment or Can is ajoinad, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the some with substantially egml bar noninfringing equipment, or modify it so it becomes noninfdnging. IS. INSOLVENCY. If the Sella shall become insolvent or hardware, make an sculptured for be beret of creditors, appoint a receiver or m.n,e for any of the Sellers property or business, this ceder may forthwith be canceled by be Purchaser without liability. 16. GOVERNING LAW. The def ddions of.. road or the manure lotion of the agreement sd the rights of all ranges haetmder shall ha carowad under aod governed by the laws ofthe Snare ofColomdo, USA. The following Additional Conditions apply only in cases where the Sella is to perform work hereunder, including be service of Sellers Rearm n atilck ), on the premise of others. U. SELLERS RESPONSIBILITY. The Sella shall carts on said work at Sellers own risk until be same is fully completed and accepted, and shall, in u of any accident, destruction or injury to the work mdmr materials before Sellers final completion and aragonite, complete the work at Sellers own expense and a Ike satisfaction of the Purchase. When materials and animator are famished by whom for installation or section by Ike Seller, the Seller shall receive, wload, stare and handle same at the site and become responsible therefor as though such materials anNor equipment were hiring famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for be payment of workers compensation, including occupational disease h omfi., to its employees employed on or in connection with be work covered by this purchase order, anNor to their deperaw in accordance with be laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but net limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least 5300,000 for any one person, S5 W,000 for my one accident and property damage limit per accident of S400,000. The Sella shall likewise require his continuum, if any, to provide for such compensation and insasame. Before my of be Sellers or his contractors employees shall do my work upon the promises of others, the Seller shall f ish the Purchaser with a certificate than such compom.atian and insurance have been pavidud Such vrrthicates shall specify the door what such mmpervatim said iroumnce have been provided Such amdfcares shall specify fire dare when such compenicam. err insurance expires. The Seller agrees that such compensation and insurance shall he maintained aril after the entire work is amplerad and soared. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for my and all damage, loss or injury army kind or nature whatsoever to persom or propmy caused by or resulting from be execution ofNc work pmared for in this purchau order or in connection herewith. The Seller will indemnify and hold harmless be Purchaser and my cr all of the Purchsers onscas, agents and employees from and against any and all claims, losses, damages, harges or expenses, whether direct or indirect, and whether to persow or property to which fie Purchaser, may be put or subject by reason of any nor, action, neglect omission or default on Use part of the Sella, my of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees of any time on account or by reason of any act, ation, neglect, omission or default of be Seller of any of his contractors or any m w or their officers, .,cuts or employers ss aforesaid, fie Sella hereby notes to assume the defense them( and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fires and other expenses, any and all judgmeno, that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other prmeadims, and in raw judgment at other lien be placed upon or obtained against the property, of the Purchaser, or said parties in or as a result of such suits or other proceedings, Ike Sella will at once cause the some an be dissolved and di,chargad by giving hood or otherwise. The Seller err his contactors shall sake all safety, pmesations, fwoisb err install all guard mcesvry for the prevention of accidents, comply with all laws and regulations wid, regard to safety imloding, but without Hodgman, Ike Occupational Safety and Health Act of 1970 and all roes and regulatioru iasuad Jameant thereto. Revised 07Q014