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HomeMy WebLinkAbout118790 TEAM PETROLEUM LLC - PURCHASE ORDER - 9150068Fort Collins Date: 01/08/2015 Vendor: 118790 TEAM PETROLEUM LLC PO BOX 1831 FORT COLLINS CO 80522-1831 PURCHASE ORDER PO Number Page 9150068 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 Price 1 2015 Blanket PO Oil room stock 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 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. COMMERCIALDETAIIS. Tax exemptions. By statute the City of Fort Collins 6 exempt fmm mine and lord taxes. Our Exemption Number is 11. NONWAIVER. 98Aa502. Federal Excise Tax Exemption Certificate of Registry RT-60n0587 is repatemi with the Collector of Failate of the Purchaser in insist upon strict performance of the tames and mndimarss harm(, failure or delay in late.] Revenue, Denver, Colorado (Ref Col.& Raised Su mod VOL C ,war 39-26, I IC (a), exercise any rights or remedies provided bated or by law, failure to promptly notify the Saller in the event afa breach, the reception, ofor payment for goods hereuMer or command office, design, shall not releaa the Seller of Gaud Ripened. GOODS REJECTED due to failure o at agaificatiaa, adid when shipped or due to defeets of ray of the wafanfies or obligations of Nis purchase order ad shall rim be deemed is waive, of my right of the damage in wnsih may he retuned to you fin credit and are not to be replaced except again receipt of wanen purchaser W insist upon strict Performance hero for my of its rights or remedies as to any such goods, ragantless instructions from the City cretin Collins. of when shipped, received or accepted, ns to any prior or subsequent default he¢wder, nor shall my puryoned oral modification or rescission of this purchase order by the Purchase, operate se, a waiver of any of the terms Imitation. GOODS are subject to the City of Fan Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order canresult in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of PonCollins. Howeve. it is to be understood thatFINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inration procedures. violations we in fact home by the Pumhaar. Thadoom, forgood cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or he¢aRer Freight Terms. Shipments most he F.O.B., City or Fort Collins, ]W Wood SL, Pon Collins, CO 80522, unless acquired under federal or .to antitrust laws for such overcharges totaling to the radicals, goods a services otherwise specified on this order. If permission is given to prcyayfreight and charge wiaowly, the original freight purchased or acquired by hie Purchases pursuant to this purchase did. bill most accompany invoice. Additional charges for packing will not be accepted. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans of no country. shipment is Ifthe Purchaser directs the Seller to correct nonconfomong or defensive goods by is dese to he agreed upon by the expected from the patient distribution point to destination, sad excess freight will be, national boom Invoice when Pumhnses and the Sella, and the Seller thereafter indicates its inability a unwillingness to comply, the Purchaser shipments are made from greater distances, may cause the walk to be performed by the rams expcditims means available to it, and the Seller stall Pay all case acwcimed with such work. Parram. Seller shall procure at sellers sole cost all radmily permits, cenifmtes and licenses acquired by all applicable laws. regulations, ordinances and rates ofthe state, municipality, bernmry or political subdivision where The Sella shall reldow sbe Purchaser and its contractors of any ties from all liability and claims of any one the work is performed, a required by any other duly ears ituted public authority havingjudsdiction over the work resulting from no performance of such work. of vendor. Seller turner agrees in hold the City of Tom Collins hamlass fmm and against all liability and loss incurred by them by nation of an asserted or astabllahed violation offing, such laws, regulations, ordinances, tales This release shall apply even in the event of fault of negligence of the party released and shall extend to the .it requirements. directors, officers and employees ofsuch party. Aulhodzadon. All panics to this contract agree that he representatives are, in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceplard, to the forms and conditions sated herein set frith and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected m and hereby rejected. 3. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery also, as noted. Time in of hie esseae. Delivery road Performance most be eRected within the time anted on the purchase order and no documents attached hereto. No acts of hie Purchasers including, without limitation, mceptanm informal late delica us, shall operate as a waiver of this provision. to the evens ofany delay, the Purchases shall have, in addition to other legal and equitable remedies, the option of placing this oMer elsewhere aad holding the Sella liable far damages. However, the Sella shall no be liable for damages as a result of dal., due to muses not rmsonably foreseeable which ate bryond its rmwwble control red without its fault of negligence, such acts o'God, scs ofcisil accordion, authorities, govemmmal priorities, Tres, strikes, Rood, epidemics, wars or riots provided Out notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller tiro received knowledge thereof. In the event army such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY, The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable drawings, studiticmiom, samples an&a, other descriptions given, will be fit for the purposes intended, vad performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaa may suit or incur on account of the Sellers breach of womanty. The Seller shall replace, repsif or make good, without cast to the purchaser, any defects or faults easing within one (I) year or within such longer period or time az ray he prescrihed by law or by the tents of my applicable worranly Frivoled by the Seller ages the dam of acceptance of the good famished hereunder (aceptance not to be umeasoably delayed), resulting from imperfect or detective work done or nmtenals Finished! by the Sellcc Acceptance or use of good by the Purchater shall not constitute is waiver of my claim coder this wamnry. Except to otherwise provided in this purchase oMer, the Sellers liability hereunder shall extend on all damages proximately mused by the breach of any of the foregoing warranties or transmitters, but such liability shall m an event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. q. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by wane. change aide,. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes W the terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the sp cificstions or drawings, by verbal or written change order. If any such change nRecls the amount due or the time of pert rmancc hereunder, an equitable adjustment shall he made. 6. TERMINATIONS. The Purchaser may at any time by watten clung. odes, terminate this agreement as to any or all portions of the goods then notahipped. subject to any equlmble adjustment between the parties as to any work or materials then in progress provided Out the P rchasa shall not be liable for any claims for marinaded profits on the uncompleted portion of nh, good anNor work, for incidental or consequential damages, and that no such adjustment he made in favor of the Seller with respect to any good which are the Sellers stmdad stack. No such temriation shall relieve the Purchaser or the Sell,, ofany afthei, obligations as many goad delivered herewde, T CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days fmm the date the change or termination is nodded. 8. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have ban produced, sold, delivered and furnished in send compliance with all applicable taws and regulations to which the goods are subject The Sella shall execute and deliver such documents m may he required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character me hereby incorporated herein by this reference. The Seller agrees to indemnify end hold she Purchaser handless fmm all toss it damages suffered by the Purchase, as is ,.off of the Sellers rai lure to comply with such law. 9. ASSIGNMENT. Neither party shall auign, neat, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other parry. if. TITLE. The Sella warrants full, clear and unrestricted title to the Purchaser for all equipment, mandials, and items f ishcd in performance of this agreement free and at= of any ad all liens, rntidions, resaca men. security interest encumbrances and claims ofothers. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be pdfommed by the Purchaser. 14. PATENTS. Whenever the Seller a required to tau any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save homeless the Purchaser from any and all claims for infringement by reason of the use of such island design, device, mateial or process in connection with the comma, and shall indemnify the Purehasa for any cost, expense or damage which it may be obliged f Pay by reawn of such infringement to any time during the prosecution or after the completion of the work. In case said equiper m, or any Pur thereof or the intmded use of the goods, is in such suit held as comtimte infringement and the due of said equipment or pan a joined, the Sella shall, at its own expense and at its option, either practice four thc Purehaer the right in continue using said equipment or puns, replan, the same with substantially equal but naninfnging equipment, on modify it so it becomes noninfringing. 15. INSOLVENCY. If the Sella shall became insolvent or thandcoupt, take an assignment for the benefit of creditors, appoint a receiver or trustee far any of the Sellers property or business, this order may forthwith he canceled by the Notated without liability. 16. GOVERNING LAW. The definitions of terms used orihe interpretation of the agreement and the rights craft panics hereunder shall be ocsvued under and govemed by the laws ofhe Sum ofCalorado, USA. The following Additional Conditions apply only in cases where the Sella is f perform work hereunder, including the services of Sellers Representaliva(s), on the premlscs of others. 17. SELLERS RESPONSIBILITY, The Solid shall rany on said work on Sellers own risk until hie same is rally completed and accepted, and shall, in rase of my accident, destruction or injury to the work anNor materials fief Seller's fial completion and acceptance, complete fie work at Seller's own expense and to the satisfaction of the Purchaser. When maeaas and equipment are fmished by orders for installation or macron. by the Sella, the Sella shall receive, unload, mare and handle some at the site and became resporeible therefor as though such materials aadlor equipment were being famished by the Sella under the aMd. IS. INSURANCE. The Seller shall, at his own expense, provide for the Payment of workers compvaamon, including occupationed disease benefits, to its employees employed on or in connection with the work covered by Nis purchase oMer, amfor to their dependent, in accordance with the laws of the state in which the work is to be done. The Sella shall also carry comprehensive general liability Including. but not limited to, contraction and amommile public liability insurance with bodily injury and death limits of a least $300,000 for any one person, $500,000 for any one accident and property damage limit per accident of S404000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall fianish fro Purchaser with a cedificae that such compensation and insurance have been provided. Such certificates shall specify the data when such ompereation and insurance have been provided. Such certificates shall specify the date when such cumpemotion and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the more work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the moire responsibility and liability for any and all damage, loss or injury, of my kind or ature whoa to persons or progeny caused by or resulting from the execution nrthe work provided far in this purchase coda err m monsoon hemwith. The Sella will indemnify urn hold hassled the Purchasr aad any r all of the Purebssers officers, agents end employees fmm and against any and all claims, losses, damages, charges or expense; whether direct or iadirea, sad whether to persons or prolsary to which the Purchases may be put a subject by mason of any act, action. neglect, omission or default on the Pont of the Sella, any of his contractors, or my of the Sellers or contractors officers, agent or employees. In case my suit or other proceedings shall be brought against the Purchaser, or its offerors, agents or employees at my time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contmdors or any of its or their ofoda, agens or employees as aforesaid, the Seiler hereby agrees to assume the defense thereof and f defend the same at the Sellers awn expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by a obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained agaial the property, of the Purchaser, or said panics in or as a result ofsuch suits or other proceedings, the Selma will at once cats, the same to be dissolved and discharged by giving bond or otherwise. The Seller and his mntracters shall take all safety precautions, fumlsh sad instill all guard necessary far the prevention of accidents, comply with all taws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Ad of 1920 and all talcs and regulations issued pursuant theme. Revised 07ROI4