HomeMy WebLinkAbout454045 A-Z SAFETY SUPPLIES - PURCHASE ORDER - 3215075Fort Collins
Date: 0110912015
Vendor: 454045
A-Z SAFETY SUPPLY
1554 RIVERSIDE AVE
FORT COLLINS CO 80524-4326
PURCHASE ORDER
PO Number Page
3215075 1102
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
1 2015 SAFETY SUPPLIES
it i7(114
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
1 LOT LS
1,500.00
Total $1,500.00
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. COMMERCIALDnAIIS.
Tax exemptions. By sfafae the City of Fort Collins is erempt f mate and local faxes. Om Exemption Number is
11. NONWAIVER.
9"502. Federal Excise Tax Exemption Cmificam of Registry S4fi0005R7 B mgimerN with the Collector of
Failure of the Purchaser to insist upon strict performance ofthe terms and confronts hereof, failure or delay to
Internal Revenue, Drover, Colorado (Ref. Colorado Revised Smtutes 1973, Chapter 39-26, 114 (a).
exacts, any rights or smarties provided herein or by law, failure to promptly notify the Seller in the event of a
breach, the occurrence of or payment for goods hereunder in approval ofthe design, shall not release the Seller of
Goods Rejected. GOODS REJECTED due m failure to meet specificmions, either when shipped or due to defect of
any of the warranties or obligations of this purchase other and shall not be deemed a waiver of any right of the
damage in transit, may be returned to you for credit and we not to be replaced except upon receipt of written
Purchaser to insist upon strict performance hereofor any of its rights or remedies as to any such goods, regardless
instructions from the City of Fan Collins.
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported
am[ modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms
Inspection. GOODS arc subject a the City of Fan Collins inspection on srival.
hereof.
Final Acceptance. Receipt of the merchandise, senicep in equipment in response to this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
a dwrved payment on the part of the City of Fan Collins. However, it is to be undersmoJ mar FINAL
Seller and the Purchaser ..,am than is actWl acis practice, o ercharges resulting from ammust
ACCEPTANCE is deperWent upon completion are] applicable required inspection procedures.
violations are is fact home by the Purchaser. Theremfore, for good cause and as consideration for executing this
purchase order, the Seller hereby assigner an the Pucbaser any and all claims is may now have or hereafter
Freight Terns. Shipments most be F.O.B., City of Fan Collins, 700 Wood St, Fan Collins, CO 90522, unless
acquird wader fedeul or sure contains laws f such overcharge printing to the particular goods or sarvice
otherwise specified on this Omer. If permission is given to prepay freight and charge separately, the original freight
purchased or acquired by the Purchaser pursuant to this purchase order.
bill mast accompany invoice. Additional charges for packing will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distinct. Where manufacturers have distributing points in various pans of the country, shipment is
If the Panama directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the
expected Earn the nearest distribution prim to destination, and exerts freight will be deducted from Invoice when
Purchaser and the Sell,, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
shipments am made from greater balance.
may cause the work to be perforated by the most expeditious memos available to it, and the Seller shall Pay all
casts associated with such work.
Perris, Seller shall procure at sellers sole cost all necessary petunia, certificates and licmms required by all
applicable laws, regulations, ominanws and roles of the state, municipality, a nitory or political subdivision where
the work is performed, or required by any other duly coastimted public authority havingjunnliction over this work
of vmdor. ScHer rubber agrees to hold the City of Fan Collins batmless fmm and against all liability and lass
ucurand by them by reason of an seemed or established violation of any such laws, rcgulation, mMo.... roles
and nghremmm
Authomaticn. All parties to this contract agree Nat the representatives are, in fact, berm fide and possess full and
omplete authority m bind said panics.
LIMITATION OF TERMS. This Purchase Order expressly limits aceepance to the corms and conditions stated
herein set forth 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 to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediamly if you cannot make complete shipment to arrive on your
promised delivery date as noted Time is ofthe mace. Delivery and performance most be effected within the time
acted on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
formation. acceptance ofpaniol lee deliveries, shall operate asa waiver affix provision. In the event stony delay,
the Purchaser shall have, in addition to other legal and equitable ¢medics, the option ofplacing this order elsewhere
and holding the Sella liable for damages. However, the Sella shall not be liable for damages as a result of delays
due to exists act reasonably fnommunle which an beyond its reasonable wntml and without is fonds of negligence,
such acts of God, acts ofeivil or military authorities, govemmrnel priorities, fires, andoes, Oaad, epidemic, wars at
riots provided Char notice of the conditions musing such delay is given to the Purchaser within five (5) days of the
time when the Seller first received knowledge thereof. In the event of any such delay, the dste of delivery, shall be
extended for the period equal to the time actually lost by reason ofthe delay,
3. WARRANTY.
The Seller wartavta that all goods, amide, materials and work covered by this We, will conform with applicable
drawings, specifications, samples similar other descripEoas given, will be fit for the purposes intended. anal
performed with the highest degree of cam and competence in accordance with accepted smndards for work of a
similar retire. The Sella agrees to hold the purchaser hamoless Boom any loss, damage or expene which the
Purchaser may suffer m hour on account of Ne Sellers brunch of..y. The Seller shall replace, repair or make
good, without can an the in cheer, any defects or faults arising within arc (1) year or within such longer period of
time as maybe prescribed by law or by the terns of my applicable warranty provided by the Seller aRe, the dose of
acceptance of the gandr fumished hereunder (acceptance not to be unreasonably delayed), resulting fmm imperfect
or defective work done or materials furnished by the Sella. Acceptance or use of goods by the Pomhascr shall not
constinum a waiver of my claim under this warranty. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of coy of the foregoing warranties
or guarantees, 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.
Tbe Purchaser may rake changes to legal gems bywrinea change orders.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other Nan legal isms, including additions to or deletions from
the quantities originally ordered in the sp re lion m drawings, by verbal at wrinm chafe order. If any such
change affects the amount due or the time c fpalarmance heeunder, on equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, terminate this agreement as many or all portions of the
goods then not shipped, sobject o any mmarble adjustment between the parties as to any work or materials then in
progress provided that the Producer shall not be liable for any claims for anticipated profits on the uncompleted
portion of the goods and/or work, for incidental or consequential damages, and that no such adjmtmmt be made in
favor of the Seller with aspect to any goods which arc the Sellers standard stock. No such termination shall relieve
the Purchawr or the Sella of any oftheir obligations as to any goods delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim f ndjunment rant be asserted within Wiry, (30) days ram the date be chsage or margination is
ordered.
S. COMPLIANCE WITH LAW.
The Sella warrens that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict
compliance with all applicable laws and regulations to which the goods ate subject. The Seller shall execute and
deliver such documents as may be acquired to effector evidence compliance. All laws and regulations required to be
incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agree to
indemnify and hold the Purchaser harmless from all costs and damage suffered by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, fronts, or convey this order, or my momes due or to become due h mmular wihom doe
prior wrium coment of the other party.
10. TITLE.
The Sella wanmns full, clear and wrestriaed tide to the Putchasa for all equipment, coo mAx, pad it. furnished
in performance of Nis agmoe tent, fire ery and dof my and all lien, renominate, ., saaar y interest
mcambrances mil claims ofathers.
The Sella shall release the Purchaser and its contractors of any tier from all liability and claims of any mature
resulting fmm the perfmmmce ofsuch work.
This ¢brie shall imply even in the event of fault of negligence of the parry, relawal and shall extend to the
directors, officers sad amployees ofsuch party.
The Seller's contractual obligations, including warmly, shall not be domed to be reduced, in any way, becaure
such work is perfamoed or tamed to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is acquired to use any design, device, material or process covered by lends, patent, trademark
or copyright, the Seller shall indemnify and save harmless the Purchases from any and all claims for inlHngement
by reason of the use of such patented design, device, matmal or process in connection with the contract, and
shall indemnify the Purchaur for any cast, expense or damage which it may be obliged to pay by aeuon of such
infingmmnt at any time during the formation tion or after the completion of the work. In case said cquipment or
any pan thnmf or the intended one of the goods, is or such suit field to contimte infriagemcnt and the na of
said equipment or pan is apmed, the Seller shall, at its owe expasse sand at its option, either p. far the
Purchaser the right to continue in, said almor mt or puts, replan the same with substantially equal but
noninfnging equipment, or modify it so it becomes nonwfn-nging.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, sprain a
err mustee far any of the Sellers property, or business, this oma may forthwith be canceled by the
Purchaser without liability.
hA GOVERNING LAW.
The definition oftems used or the interpretation of the agreement and the rights of all parties hcmaWer shall be
conwed coda and governed by the laws ofthe State ofColomdo, USA.
The following Additions] Conditions apply only in caws where the Sella is to pert work hereunder,
including the services of Sellers Represenwive(s), m the ponnims of.tbers.
17. SELLERS RESPONSIBILITY.
The Sella shall carry on said work at Sellers own risk writ the more is fully completed and accepted, and shall,
in u of any accident, destruction or injury m the work and/or materials before Sellers East completion and
acceptance, complete the work at Sellers own expense and to the satisfaction ofthe Purchaser. When materials
and equipment are famished by others for installation or section by the Seller, the Seller shall receive, unload,
stare and handle same at the site and become responsible therefor us though such materials andor equipment
were being fumiehed by the Seller under the order.
I I. INSURANCE.
The Sella shall, at his own expense, provide for Ore payment of workers compensation, including occupational
disease berefits, to its employees employed on m in connection with the work coveted by this purchase order,
mNor to then dependws in newmance with the laws of the We in which the work is an be dame. The Sella
shall also wry compreM1mvive general liability including, but act limited to, coma ndal and automobile public
liability insurance with bodily injury and death limits aria least 53W,M for any one person, 5500,000 fro any
one accident and property damage limit per accident of 5400,000. To, Seller shall likewise require his
contractors, if any, to Provide for such compensation and insurance. Before any ofthe Sellers or his contractors
employers shall do any work upon the recourses of others, the Seller shall f ish the Purchaser with a emifwm
but such compensation and iasumnce have ban provided. Such certificates shall specify the date when such
ompareatum and insurance have been provided. Such certificates shall specify the date when such compensation
and insurance expires. The Seller xgreea that such wmpenation and insurance shall be mentioned until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella hereby assume the moire responsibility and liability fro any and ell damage, loss or injury of any kind
or mane, whosoever to paruas or property mused by or resulting from the exertion ofthe work provided for in
this ed purchase maker or in tragian herewith. The Sella will indemnify areal hold ham bas the Pumhssa mad any
or all of the Purchasers oRcers, agents and employees fwm and aga'nst any and all claims, losses, damages.
charges or experews, whether direct or indiri a, and whether to person or propnty to which the Purchaur may
be put or subject by reason of any act, action, neglen, omission or default an be pant of the Sella, any of his
contractors, or any of the Sellers or contractors officers, agents or employees. In cons, any suit or other
proceedings shall be brought against the Purchaser, or its officers, 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 contractors or any of its or
their officers, agents or employees as aforesaid, the Sella hereby agrees to assume the defense thereof end to
defend the same at be Sellers own expnsu, to pay my and all costs, charges, anameys fees and other expenses,
any and all judgmms that may he incurred by or obained against the Purchaser or my of in or their officers,
agents or employces in such suits or other proceedings. aM in case judgment or other lien be placed upon or
obtained against the property of the Parehour, or said parties in or as a mutt ofsuch suits or ether proceedings,
the Seller will at molt cauw the sate 10 be dissolved pall discharged by giving bond or otherwise. The Sella and
his wntmmo s shall at all safety precaution, famish and insist) ell guards necessary for the prevention of
accidents, comply with all laws and regulators with regard to safety initial but without limitation, the
Occupational Safely and Health Act of 1970 and all roles and regartmoas issued Farman thereto.
Revised 07n014