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HomeMy WebLinkAbout129667 CULLIGAN BOTTLED WATER - PURCHASE ORDER - 3215072of Fort Collins Date: 01/09/2015 Vendor: 129667 CULLIGAN BOTTLED WATER 1415 MORRIE AVENUE CHEYENNE WY 82001-4814 PURCHASE ORDER PO Number Page 3215072 1of2 This number must appear on all invoices, packing sli s and labels. I Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS CO 80524 Delivery Date: 01/08/2015 Buyer: Note: Line Description Quantity UOM Unit Price Extended Ordered Price 4 2015 MISC 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:purchasingQa fcgov.00m 1 LOT LS 350.00 Total $350.00 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 I. COMMERCIALDEI'AILS. Tax exemptions. By statute the City of Fort Collins is exempt from scam and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Cortificme of Registry M-6000587 is registered with the Collector of Internal Revenue, Drava, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, cites when shipped or due to dollars of damage in transit, may be returned to you for credit and we not to be replaced except upon receipt of written instructions Rom the City offset Collins. Inspection. GOODS are subject to the City affair Collins initiation on normal. Final Acceptance. Receipt of the merchandise, services or eyuipmmt in mpone to this order can mull in authoraed payment on the part of the City of Fort Collins. However, it is to M understood that FINAL ACCEPTANCE u dependent upon mmplHiov of all appliable mryired usspection procedures. Freight Terms. SWpments must M F.O.B., City of Fan Collins, 70o Wood St, Fart Call., CO 80522. unless otherwise specified on this order. If pernission is given to prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges for parking will not M accepted. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made form greater distance. Permit. Seller shall procure at sellers to cost all necessary permits, certificates and licenes required by all applicable laws, regulations, ordinances and rates of We state, municipality, territory or political subdivision where the work is performed, or requited by any other duly cantimtd public authority to vingjurisdiction ova the work of vendor. Seller further agrees to Mid the City of Fart Collin harmlw from card again, all liability and loss incurred by them by reason arm waned or established violation artery such laws, regulation, hin irartees, rates and requimnens. Authorization. All panic to this contract agree that the represcurativw arc, in fact, Mno Ede and possess full and complete authority to bind said pander. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein in forth and any supplanemary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are cob ccl,d to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date n noted. Time is of the wrnce. Delivery and performance most M effected within the time stated im the purchase order and the documents attached hereto. No acts of the Purchasers including. wimeart limitation, acceptance of penal lam ddivrrirs, shall operate as a waiver of fir provision. In the event of any delay, the Purchaser shall have, in addition an other legal and scramble remedies, the option ofpladng His order chowMre and holding the Seller liable for damages. However, the Seller and not M liable for damages as a result of delays due to causes not reasonably foreseeable which art beyond its reasonable control and without in fault of negligence, such ass of God, acts of civil or military madmihies, goon .Ipdoilies fears Rood, epidemics, wars or riots provided that notice of the conditions coning such delay is given to the Purchaser within five (5) days of the time what the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall M extended for the period ryml to the time actually lost by reason of the delay. 3. WARRANTY. The Sella wararm that all good, articles, materials and weak covered by this order will conform with applicable drawings, specification, samples and/or other dexrimors given, will M fit for the pumoscs intomed, and perfommd with He highest degree of rare end eompetmre in accordance with accepted standards far work of is similar rectum, The Sella agrees to Mid the Purchaser hvmleas from my I.. damage or expene which the Purchase may suR or inter on account of the Sellers bench i fwamnry. TM Seller shall replace, repair or make good, without cost to the purchaser, tiny defect cur hcols arising within one (1) year an within such longer period of time as may M Prescribed by law or by the terms army apphouble loci provided by the Sella other the date of acceptance of the goods famished hereunder (acceptance not to M communicably delayed), resulting from imperfttt or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchosa shall not onstitute a waiver of my claim under this warranty. Except or otherwise provided can this purchase order, the 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 ofpmfits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY, 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes W legal terms by whom change order 5. CHANGES IN COMMERCIAL TERMS. The Purchases may make any changes to the terms, other than legal terms, including adtidon m or deleaiors boom the quantities odgimlly ordered in It specifications or drawings, by verbal or woman change order. If my such change affects He anon[ due or He time of perfomunce hereunder, an equitable actntmmt shall be made. 6. TERMINATIONS. The Par tt may at my time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subjeet to my equitable adjustment between the parties as to any work or materials then in progress provided Hat He Purchaser shall not M liable for any claims for anticipated profits on the uncompleted portion of the good- andror work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect o my goad which are the Sellers standard stock. No such uncommon sh dl relieve the Purchases or the Sella army of their obligation as many goods delivered Maunder. 2. CLAIMS FOR ADJUSTMENT. Any claim for adjustment mat be waned within thirty (30) days fmm He date Ow change or tormination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold delivered and fmishd in shirt compliance with all applicable laws and regulation to which the goods are subject. The Seller shall execute and deliver such document as may M retained] to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character we hereby untrimmed herein by this mfiacnce. The Seller agrees to indemnify and hold the Purchase harmless from all cost and damages suRerel by the Purchaser n a result of the Sellers failure an comply with such law. 9. ASSIGNMENT. Neither parry shall coign, tranfer, or convey this order, or my monies due in in become due hereunder without the prior wrinca .1 of Ne other party. IO.TITLE. The Seller wanant bill, clear and anmlriMt title to the Purchaser for all equipment snterids, and it. f rmishd n performance of this acumen fro and clmr of my and all liens, mhietiors, motivators, s rmil, intent mcumbmnces and claims crude., I I. NONWAIVER. Failure of the Purchaser to insist upon suits pert of Ote tens and c rmitiotss beraf, failure or delay to any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the ruminamcee of or payment for goods hereunder or approval ofthe design, shall not release the Sella of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser rm exist upon strict performance Moore, any of its rights or remedies u rm any such goods, regardless of when shipped, received or accepted, rs to any prior or mbscqumt default haeundev nor shall any purposed are[ modification or rescission of this purcham order by the Purchases operate as a waiver of any of the rams Mount 12. ASSIGNMENT OF ANTITRUST CLAIMS. Sella and the purchaser recognize that in actual tt c practice, overcharge restating from .,a.,violations are in fact bone by the Purchases. Them mica, for rgood auu and as consideration her executing this purchase order, the Sella hereby wigrs to the Purchaser any and all claims it may now harc or Maurice required isma federal or sate antitmst laws for such overcharges relating to the commu[ar goods or services purchased or acquired by the Purchaser par. to this p.m. order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchase directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work m be performed by the most expeditious mews available to it, and the Seller shall pay all costs associated with such work. The Sella shall release the purchaser and its coot .. of any tier Rom all liability and claims of any mture resulting fmm she parfomumce chattels work. This release shall apply even in the evens of fault of mgligmce of to pasty relased and shall extend a the directors, officer, and employees ofsuch parry. The Sellers contractual obligations, including must shall not M deemed to he reduced, in any way, because such work is performed or caused ta M performed by He Pumhasa. 14. PATENTS. Whenever the Seller is cap ircd to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the 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, expense or damage which a may M obliged on pay by main. of such infringement at any time during the prosttution or arm the completion of the work In case said equipment, or any pan thereof or the intended use of the goods, is in such suit Mid W mwime info- r, ment and the use of said equipment or part is enjoined, the Sella shall, in in own expense and at its option, either procure for the Purchaser the right in continue using said equipment or part, replace the same wit, substantially equal but mninfringingequipmo m modify it m itbonne oottinf ivgine. 15. INSOLVENCY. If the Sella shall became insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or Trustee for any of the Sellers proper[,' or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the imerpaution ofNe agreement and the rights ofall parties hereunder shall M contraed under and governed "a laws of the Some of Col.&, USA. Tbe following Additional Condition apply only in cases whore the Sella a in perform work hereunder, including the smite ofScIl. Represmtalive(s), m red pnanises ofotbers, I). SELLERS RESPONSIBILITY. The Sella shall cart, can said work at Sellers awn risk until the wane is fully completed and accepted, and shall, in use of any accident, dcamention or injury to the work author re tman before Sellers fwl completion end acceptance, complee the work at Sellers own expense and to the satisfaction of the Pomhasa. When manuals and regulation arc furnished by others for installation or erection by the Sella, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials author equipment were being fmishd by the Sella under the orda. 18. INSURANCE. The Seller shall, at his own expense, provide f the payment of workers compensation, including occupational disease benefits, to its employees employed on or in oomenlon with the work covered by this purchase order, and/or to Heir dependents in mcordonce with the laws of the state in which the work is f M done. The Sella shall also carry comprehensive general liability mcludin& but rot limited m, commercial and aurcrmbile public liability inurarme with bodily injury and death Breads of at Imst 5300,000 fro any one paten, 5500,000 for any one trident and Fmpery damn, limit per accident of S W.000. The Sella shall likewise require his commends, if any, to provide for such compatsaMn and insurance. Before my of Us, Sellers or his contractors employees shall do any work upon the premises of ohers, the Seller shall famish the Purchaser with a cortifimm that such compensation and inurnme have been provided. Such certificates shot specify the date when such compensation and insurance have been provided Such cmifcates shall specify the date when such compensation and in expires The Seller agrees that such compensation and inumnce shall be mainlined until after the enure work is compind and mcepled. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby wcomes the mine responsibility and liability for my and all damage, loss or injury army kind or nature what5aever to person or pmperry,used by or multing front the exemtion of the werak provided for in this purchase order or in connection herewith The Seller will indemnify and Mid harmless 0e, poorhouse and my we all of the Purchasers officers, on. and employees from and aponat any and all claim, loses. damages, charges or expense, whether direct or indimt, and whether to person or property as which the Purchaser may be put or subject by arson of my act, action, neglect, omission in default an the pm of the Sella, my of has contractors, or any of the Sellers or contractors officers, agents or amployees. In case my suit or other proceedings shall M brought againt the Purchaser, or its officers, agent or employees at my time on account or by reason of any act, action, neglect, omission or de(mlt of the Sella of my of his contractors or any of its or their officers, agents or employees n 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 cost, charges, momcys has and other expenses, my and all judgment that may M incurred by or obtained against the Purchaser in any of am or their officers, agent or employees in such suit or other prose dings, and in case judgment or other him M placed upon or oMafed agabul the property of the Purchase, or said panics in or as s mull ofsuch suits in other proceedings, the Sella will m once aura the same to M dissolved and discharged by giving Mad on chemist. The Sella anal his contractors shall take oil safety precmtion, furnish and itimll of gtards necessary fin the pmattion of cocktails, comply with of laws and regulation with negad to safety including, bra without limitation, the Occupational Safety and Health Act of 1970 and of roles and regulation issued pursuml dwrem. Revised O7I2014