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HomeMy WebLinkAbout542011 LARUE DISTRIBUTING INC - PURCHASE ORDER - 9150066Fort Collins Date: 01/08/2015 Vendor: 542011 LARUE DISTRIBUTING INC PO BOX 451119 OMAHA NE 68145 PURCHASE ORDER PO Number Page 9150066 tof2 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 Price 1 2015 Blanket PO Coffee Service 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. 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 4,000.00 Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 I iTSi;�7'dfiTl eI I�Z 1 Ira-M Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute she City of Fart Collins is exempt fmm suite and local tans Con Exemption Number is 98-04502. Fdml Excise Tax Exemption Cmificate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Col..& (Ref. Calomdo Revised See.. 1973, Chapter 39-26, 114 (a). Gosh RejMed. GOODS REJECTED due to failure to meet specifications, Lifer when shipped le due 1. defects of damage in mail may be resumed to you for credit and are not ro be replaced except upon receipt of written immuctioa From the City of Fort Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. Final Acceptance Receipt of the merchandise, services or eginpmem in response to this order an fault in authoneed payment on the pan of the City of Fart Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipments most be F.O.B., City of Fort Collins, 700 Wood St, Fan Collins, CO 80523, unless athawiu specified on this order. If permission is given to prepay freight and chmge separately, the original freight bill most accompany invoice. Additional charges for packing will not be accepted. Shipment Dkiance. Where manufacturers have distributing points in criminal µvas of the country, shipment is expected from the nearest distribution point to desrination, and excess fight will be deducted fmm Invoice when shipments are made fmm greater distance. Permits. Seller shall procure at sellers sale cost all na., part scrificoles and basses required by all applicable lows, regulations, ambulances and roles of the state, municipality, tertitory or political subdivision where the work is Famformed, or required by my other duly comtion ed public authority, lavingjmisdiction aver the wort: of vendor. Seller fuller agues a hold the City of Fell Collins harmless from all .,aim, all liability and loss tuned by them by reason of an asserted or established violation of any such laws, regulations, audacious, roles and requirements. Auforimtion. All parties to this contract agree that the representatives arc, in fact, bona fide and possess full and complete inummy m bind said ponies. LI MI I'A'I'ION OF TERMS. This Purchase Order expressly limits acceptance to the rams and conditions slated herein set frith and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any dditimul or comment mums and Mnditions proposed by ulcer are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou Marmot rake complete shipment to arrive on your promised delivery date as poled. Time is of fe aurce. Delivery and performanre mat be eRected within the if., Mind on the purchase order and she documents attached hereto. No acu of the Puubasers including, without limitation, acceptance f,dial late delivenes, shall opium, as a wailer of Nis provision. In the event army delay, the Purchaser shall have, in addition to other legal and equitable manages, the option ofplacing this order elsewhere and holding the Sella liable for damages. However, the Seller shall al be liable far damage as a mull of &days due to camas act ..ably foreseeable which are beyond its..life control and without us fault ofn,b,a ce, such acts of God, acu ofavil or military authorities, goveuucnml incomes, fires, strikes, nod, epidemics wars or nuts provided that notice of the conditions coming such delay o given to the Purchaser within Eve (5) days of the time when the Seller first received knowledge thereof In the event of any such delay, the date of delivery shall he extended for the peed equal to fie time actually lost by re mac ofthe delay. 3. WARRANTY. The Seller wamnts that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other deudptions 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 nature. The Seller agrees Ire hold the punclmxr hnrmlms from ay loss, damage or expense which the Purchaser may sufferer incur as account of fie Sellers breach of wamanty. The Seller shall replace, tenon or make good, without cost on the prochaseq any defects or faults arising within one (1) year or within such longer paned of time as may be prescribed by law or by the terms of my applicable warranty provided by the Seller after fie dam of acceptance, of the goods famished heemder (acceptance not to be unreasoably delayed), resulting fmm imperial an iterative work done or materials f iahed by the Seller. Acceptance or use of good by the Purchaser shall not constitute a waiver ofany claim under this wamnty. Except as otherwise provided or this pumhax order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or gaunt cs, but such liability shall in no event include loss of Profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchmer may make changes to legal coma by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tears, other than legal rams, including additions to or deletions from the quantities originally ordered in fie specifications or drawings, by verbal or writen change order. If any such change aliens the amount due or the time ofperformance hereunder, on equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may m any time by written cMn, order, terminate this agneem.. in, to any or all pantos of the goads then not shipped subject to any equitable aljmtment between the parties as to any work m materials then in progress provided fat the Parchmer shall not be liable for any claims for anticipated profits on the uncompleted panto. of fie goals and/or work, for incidental or camequenl'ul climates, and that no such adjustment be made in favor of the Seller with mpect m my got which are the Sellers standard stock. No such tnmiation shall ralume the Purchaser or the Sella ofully oftheir obligation as m any goodl delivered hmxunda. 7. CLAIMS FOR ADJUSTMENT. Any claim for djmrmenr mar be seamed within thirty (30) days fmm the dam the change or termialion is oNerd. S COMPLIANCE WITH LAW. The Seller warrants fat all goods sold hererader shall have been produced, sold, delivered and famished in strict compliance with It applicable laws and regulations to which the 6omds are subject, The Seller shall execute and deliver such documents in may be required to effect m evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incoMomted herein by this reference. The Seller agrees to indemnity and hold the Purchaser harmless from all eats and damages atfered by the Purchaser as a result of fie Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pay shall assign, transfer, or convey this order, or my monies due or in became due hereunder without fie ,nor winter, comer fthe ofer party. 10. TITLE. The Seller warrants full, clear ad communal title to the Purchaserfor all equipment, comenati, and items famished in eficartmence of this agreement frce all clear of any and all lieu, resfetiam, reservations, security interest ermmnbmtec and claims ofafers. 11. NONWAIVER. Failure of the Parebaser to insist upon strict prffarmance of the terra ad conditions himself, failure or delay to came ce my rights or remedies provided hart or by law, failure to promptly ratify toe Seller in the event of a breach, the acceptance of or payment for guests bertwda or approval arcane design, shall not release Me Seller of any of the warranties or obligations of this purchase area and shall trot he domed a waiver of any tight of the purchaser to insist upon stria performance hereof ar any of its rights or remedies as to any such gaol,regardless of when shipped, received or accepted, as to any prior or subsequenm default hereunder, nor shall my functioned oral modification or rescission of this purchase order by the Pmchnser o mans, as a waiver of any of the mass hereof. 12 ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser magnum that in actual economic practice, overcharges resulting from amilmsm violations are in fact home by the Purchaser. Theretofam,f good coax and as considemmion for executing this purchase orda, the Seller hereby assigns to the Purchase, any and ell claims it may now have or herm0er acquired undo federal or state amimat laws for such overcharges raising to the particular goods or services p uchased or asquird by the purchaser pursumuo this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser direms the Seller m correct notuonfoming or defective good by a date m he agreed upon by the Parclus« cost the Seller, and the Seller thereafter iMiwtes its liability or wwillingrxss to Mmply, time Purchaser May come the work to be performed by the morn sxpeditiom means available to if, and she Seller shall pay all costs asmcwmed with such wmk. The Seller.ball release the Pumluaser and its contractors of any tier fmm all liability and claims of any score resulting fmm the Performance ofsuch week. This release shall apply even in the ¢van of fault of negligence of fie parry released and shall extend to the directors, officers and employees ofsuch party. The Sellefs contractual obligations, including warranty, shall not be deemed to be reduced, in any way, became such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by later, patent, tr idemurk or copyright, the Seller shall indemnify and save harmless the Purchaser fmm any and all claims for infringement by reason of the use of such patented design, device, material or pmmss in connection with the contract, and shall indemnify the Purchaser for any cast, expense or damage which it may he obliged to pay by maws ofsuch infringement in any time during the pmmecution or after the completion of the work. In cats said equipment, or any wrt thereof or the waendd sew of fie goad, is in such set, held to caution, wfdngement and the sex of said equipment ce pan is enjoined, the Seller shall, at its own expense and in its option, either pr cum for fie Purchmer the ,he to comwue using said equipment or pants, repla« fie same with st ouantially equal but mninfnging aryipment m modify it so it becomes mninfnging. 15. INSOLVENCY. If the Seller shall become insolvent or bad:mpt make an assignment f the benefit of creditors, appoint a meiver or tram, for any of the Sellers property or business, this under may forthwith be canceled by fie Purchaser without liability. 16. GOVERNING LAW. The defini0ons Flc— used.1 be interpretation of the agreemem and fie rights of all parties hereunder shall be constmed under and governed by fie laws of the Swat of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is m perform work hereunder, including the services of Sellers Represenative(s), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said wart at Sellefs own risk until the same is fully completed and accepted, and shall, in Mae of any accident, destruction m injury to the work sndfor materials before Sella's final completion and acM., complete the work at Seller's own e.,. and to the snisfaction of the Purchaser. When mmcnaB and equipment are f fished by others for installation m election by fie Seller, the Sella shall receive. unload. stare and handle same at fie site out become mpoxible therefor a 0ough such materials and/or equipment wise being finished by the Sella under fie maker. S. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupnioal disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or to their decendents of accordance with the laws of the slate in which fie work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, communist and automobile public liability insurance with bodily injury and death limits of at least $300g000 for any one person, 5500,000 far any 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 the Sellers or his con fi ctors employees shall do any work imam the premises of others, the Seller shall famish the Purchaser with is certificate that such emmpemation and insurance have ban provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation cod insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after fie entire work is complied and nccepld. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the more mpomibility and liability for any and all damage, loss or injury ofany kill r cture whatwever b persons or pmpeny Mused by in resulting farm she execution of the work provided for in Nis purchme under ar in«a«Lion herewith. The Seller willindemoify and hold bermlkew the Purehemorand any r all of the Purchasers officers, agents and employees fmm and commit my and all claims, lowest, damages, charges or effaces, whether direct or indirect, and whether to Farmers or property, ro which fie Purchaser may be put or subject by reason of any col action, neglect, omission or defalt on the pan of the Seller, any of his contractors, or my of the Sellers or contractors officers, agents or employees. In Mx any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time an account or by mason of my act, action, neglect, omission or default of the Sella of any of his contractors or tiny of its or their ofcers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay my and all costs, charges, amomeys fees and other expenses, any and all judgments 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 proceedings, and in caw judgment or other lien be placed upon or obtained against the property of fe Purchaser, or mid part in or as a result of such mits or other proedings, the Seller will at once cause the same to be dissolved and discharged bygiving band or chemise. The Sella and his contractors shall take all safety preeastiom, famish and wsmll of guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, bill without limitnian, the Occupational Safety and Health Act of 1970 and all rules and regulation issud pursuant thermal. Revised 072014