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HomeMy WebLinkAbout109413 THE GLOVE WAGON - PURCHASE ORDER - 3215078of Fort Collins Date: 01109/2015 Vendor: 109413 THE GLOVE WAGON 3172 SAN LUIS FORT COLLINS CO 80525 PURCHASE ORDER l PO Number Page 3215078 1of2 This number must appear on all invoices, packing 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 i 2015 SAFETY SUPPLIES 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 Total Pay terms net 30 days Invoice Address: 1,000.00 1 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 r Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax ewounif ions. By suture the City of Fon Collins is cxcmp[ fn stare and local tax¢ Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Cmificam of Registry M-6000587 is registered with Me Collector of Failure of Me reminder to insist upon strict performance of Me terms and coMiriom hereof, hilam w delay to Immoral Revenue, Drover, Colorado (Ref. Colorado Revised Sueta 1973. Chapter 39-26, 114 fa). exercise my rights or readies provided heroin an by law, faiNte to promptly notify the Seller in the event of a breach, the acceptance afar paymml for goods hereunder or ap,m—I write design, shall and releaw the Seller of Goods Rejecters. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of my of the warranties or obligations Of this purchuu order and shall not be deemed a waiver of any right of the damage in transit, may be rammed in you far credit and are not to be replaced except upon receipt of wntren purchaser to insist upon sbid penformance hereof or any of its rights or remedies in to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall my permit am[ modification or rescission of this purchase order by the Pumhaur operate as a waiver of my of the terms Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorised payment an the pan of the City of Fort Collins. However, it is to h understood that FINAL Seller and the Purchaser recognize that in actual exmin practice, overcharges resulting fiver mtimm ACCEPTANCE is depeadmt upon completion of all applicable required inspection laundum, violations are in fact home by the Purchaser. Theretofore, for good rinse and as consideration for executing Bds pmchase o ter, Me Seller hereby assign to the Purchaser any and ell claims it may now have or hereafter Freight Tents. Shipments most bo F.O.B., City of Fon Collins, 700 Wood St. Few Collins, CO 80522. unless acquired under federal or sure mtitmst laws for such overcharges mating to the particular good or services otherwise specified on this other. If pemtission is given W prepay freight and charge separately, the original freight purchased or sequined by the Purchaser pursuant to this purchase order. bill most accompany invoice. Additional charges for packing will not b, wounded. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in anon pans of the country, shipment is Ifthe Purchaser dirces the Seller to correct nonconforming or defective goods by a dale to be agreed upon by the expeeted from the nearest distribution in, to Maximum, and excess freight will be deducted from Invoice when Purcbrow and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, Me Purchaser shipments arc made from greater diaance. may cause the work to be, performed by the most expeditions means available to it, and the Seller shall pay all costs resmimd with such work. Permits. Seller shall procure at seller sale cost all necessary permits, cerificales and licenses resluired by all applicable laws, regulation, ordinances and roles of the were, municipality, territory or political subdivision where The Seller shall release the Purchaser and its contractors of any but from all liability and claims of my aware the work is performed, or required by my other duly considered public authority having jurisdiction over the work resulting from the pert ce ofsuch work. of vendor. Seller fanner agrees to hold the City of Few Collins hamtiess from and Wool all liability and loss incurred by them by reason of an assured or established violation of my such laws, regulations, ordirwmes, roles This release shall apply coven in the event of fault of negligence of the pray released and shall extend a the and eequiremens. directors, officen and employees of such puny. Aurhoevalion. All parties w this conduct agree that the reyreenorives are, in fact boas Ede and possess full snd The Seller's contractual obligation, including summary, shall not be, domed to be deduced, in any way, baame complete authority to bind said partiev such work is performed! or caused to be performed by the Purchzwr. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the remis and condition stared herein set fond and any supplementary or additional torn and conditions annexed hereto or incorporated heroin by reference. Any additional or diR m terms and conditions proposed by seller are objected to and hereby rejwted. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately i'you cannot make complete shipment to arrive on your premised delivery date as noted. Time is of the essence. Delivery and performance must Is, effected within Me time sumd an the purchase order and the documents amched hereto. No aces of the Purchasers including, without limitation, acceptance of partial law deliveda, shall operate as a waver of this provision. In the event of any delay, the Purelastt shall have, in addition to other legal and equitable remedies, the option ofplacing this miler elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due W canes not reasonably foresttable which arc beyond its musomble caned and without its fault of negligence such acts of God, sera of civil or military waMwmiria, goveormmal priorities, firms, arils, read, epidemies, wars or dos Provided that notice of the candidates mining such delay is given to the Purchaser within five (5) dys of the time when Me Serer for mueiecd knowledge thereof In the event of my such delay, rite date of delivery shall be extended for Me period alual W Me tit=actually last by reason othe delay. 3. WARRANTY. The Seller warrants Out all POOL, articles, materials and work covered by this order will confirm with applicable drawings, specifications, samples and/or other descriptions given, will be, fit for the purposes intended, and Performed with the highest degree of care and competwre in accordance with accepted wandarL for work of a similar room. The Seller agrees to hold the purchaser harmless form any loss, damage or expense which the Pumhasar may suffer or incur on account of the Seller breach of wareanty. The Seller shall draw , report or make good, without coal to Me purchaser, my defects or faults arising within am (1) year or within such longer formal of time as may be prescribed by law an by the isms of my applicable warranty provided by Me Sella after Me date of acceptance of the goods fishd hereunder bouncy a rot to he wucssonbly delayed), reulting from impeffect or defective work done or reatdaB famished by the Seller. Acceptance or use of goods by the Purchaser shall not omtiture a waiver oF., claim under this wamanry. Except as otherwise provided m this Purchase order, the Sellers liability hereunder shall extend a all damages proximately caned by Me breach of my of the foregoing warranties or guarantees, but such liability shall in no event include loss of pafits or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS, The Purchase, may make change to legal corms by written change other. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the mums, other Mein legad mma, including a klitions to or deletions from the quantities originally ordered in the specification or drawings, by verbal or cabmen change order. If any such change affects the amount due or the time of pert amre hereunder, an optitable djntment shall be made. 6. TERMINATIONS. The purchaser may al my time by wrinen change order, terminate Nis .,wx me d as to my car all portion of the goods then not shipped, subject to my equitable adjustment between the pania as to my work or matenah then in progress provided that Me Purchaser shall not be liable for my claims for anticipated profits on the uncompleted portion of Me goods and/or work, for incidental or coasespowar l damages, and that me such adjustment M made in favor of the Sclf with mapecuo any goods which are Me Seller standard stock. No such rumination shall relieve the Purchaser or the Seller ofany of their obligations as a my goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days form the dte the change or rumination is ordered. S. COMPLIANCE WITH LAW. The Seller woman that ON goods said hereunder shall have been produced, sold. delivered and famished in smct compliance with all applicable laws and regulations to which Me good are subject- The Seller shall execute and deliver such documents as may be deptined to efree, or evidmce compliance. All laws and regulations resryisW to be incoryormed to agreements of this character era hereby inewposetM herein by Nis refeence. The Seller agrees to indemnify and hold the Purehaser harmless from all cosh and damages earned by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pady shall assign, mnsfer, or convey this order, or my monies due or to became due hereunder without the prior wnnrn consent of Me other parry. 10. TITLE. The Seller warrants full, clear and umestncted title to the Purchaser for all equipment, materials, and items Mounted in performance of this agreement, fare and clear of my and all lien, restrictions, reservations, security interest cdww1x aca and claims Oregon. 14, PATENTS. Whenever the Seller is r«Iuiead W use any design, device, material or process covered by Imer, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser form any end all claims for infringement by maxon of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for my cast, expense or damage which it may be obliged to pay by reason of such infringement at any time forcing the prosecution or after the completion of the work. In caw said tNulpmnenq or any part thereof or the intended use of the good, is in such suit held to coentiete infringement and the tau of said aquipmmt or part is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the eight to continue using said equipment or parts, replace the same with subamtially ryual but naninfringing equipment, or modify it s r it becomes meniaftinging. 15, INSOLVENCY. If the Seller shall became insolvent or makmpt, make not wasigranem for the bench, of auditors, appeim a receiver or =in for my of the Sellers property or business, Nis under may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofmmts red or the interprctation of the agreement and Me rights of all parties hereunder shall be ,crowed under and goveored by the laws of the State afColomdo, USA. The following Additional Conditions apply only in cues where the Sells is to perform work hereunder, including Me services of Sellers Reprcsenutiven), oar the premises afothers. 19. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and counted, wall shall, in case of my sendent, deauuction or injury la the work and/or materials before Seller's fl completion and acceptance. complee the work m Seller's own expense and a Ore satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by f Seller, the Seller shall rxeive, mlked same and handle some at be site and become responsible therefor as though such materials .Nor equipment were beingf fished by Me Sella under Me order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of worken compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, maker to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry mmprehem ve gem rut liability including, but not limited to, committed and automobile public liability insurance with bodily i jury and death limits of at least $300,000 far any one person, $500,000 for my am accident and prwpmy damage limit per accident of S400,000. The Seller ahmll likewise rryuire his contmcam, if my, to provide for such compen tioo and insurance. Before my of the Sellers or his contractor employers shall do any work upon the premises of others, the Seller shall furnish the Purchaser with a certificate that such compensation and rtsutaace have been provided Such certificates shall specify the date wbm such ompnsation and inurmce have fin provided Such certificates shall specify the date when such counteraction and insurance expires. The Seller agrees Net such compensation and wwance shall be maintained until after Me entire work is completed and wanted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby aswmes the entire responsibility and liability for any and all damage, lass ar injury of my kind or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase Omer or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and my r all of the Purchasers officers, agents and employees from and against my and all claims, losses, damages, charges or expenses, whether direct or indiden, and whether W person or property to which the Puchaser may he put or subject by ream. of any act, action, needled, omission or default an the pan of the Seller, any of his ..,.,am or any of the Sellers ar contractors office, ,an or employas. In eau any suit Or where, proceedings shall be brought against the purchmer, or its officers, a,u n a or employees at my time in common an by mason of my act action, neglect, omission or default of the Sella of any of his wnttactors or are, of is Or their of icon, agents or employees as aforessid. the Seller hereby agrees to usume the defame Mercer surd e defend be same at sire Sellers own expene, a pay my and ell cosh, charges, ma dOei fees and other expenses, any and all judgments but may be incurred by or obtaad against the Purchaser or my of is or their officers, agents or employes m such suits or other procedings, and in case judgment or other lien ho placed upon or obtained against Me property of the Purehncr, or said panic in or on a result crunch suits or other proceedings, the Seller will at once come the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall rake all safety precautions, famish and install all guards necessary for the preventio of widen, comply with all laws and regulation with m am to safety including, but without limiation, the Occupational Safety and Health Act of 1920 and all ales and regulations issued pursuant Memo. Revised 072014