Loading...
HomeMy WebLinkAbout129763 RED ARROW MANUFACTURING - PURCHASE ORDER - 3215089Fort Collins Date: 01/09/2015 Vendor: 129763 RED ARROW MANUFACTURING 1761 E 64th AVE DENVER CO 80229 I PO Number Page 3215089 110f2 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: i Note: i Line Description Quantity UOM Unit Price Extended Ordered Price 2015 MISC 1 LOT LS 5,000.00 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@fogov.com 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. COMMERCIAL DETAILS. Tax escarpments, By statue the City of Fort Critics is exempt Berm stale and 1«ed taxes. Our Exemption Number is 9"502. Federal Excise Tax Exemption Certificate of Registry 84fi000587 is registered with the Collccmr of Internal Revenue, Denver, Colorado (Ref. Colorado Rmaxed Smmtrs 1973. Chapter 39-26.114 (a). Goads Rejected. GOODS REJECTED due to failure m men specifications, either when shipped or due to effects of damage in transit, may be rermed to you for credit and are not in be replaced except upon receipt of wnnen instructions from the City of Pon Collins. Inspection. GOODS are subject to the City afraid Collins impectlon on arrival. Final Acceptance. Receipt of %e merchandise, services or equipment in response to this order can result in authorized payment on the pit of the City of Fan Collins. However, it is to be understood Nat FPgAL ACCEPTANCE ¢ dependent upon completion ofall applicable refused fused inspection procedures. Freight Terms. Shipments must he F.O.B., City of Fort Collins, 700 Wood SL, Fort Collins, CO 80522, mile. otherwise specified on this order. Upermission is given in prepay freight aid charge separately, the original freight bill most arcompa ry invoice. Additional charges far pmkiig will . be accepted. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is expected from be nearest distribution prim to decoration, and excess freight will h deducted from Invoice .ben shipments are made form greater distance. Pennies. Seller shall procure at sellers sole cost all necessary permits, cemficates and licerues required by all applicable laws, regilmions, ordinances and etas of the state, municipality, tertiony or polidicgl subdivision where the work is perfatmd, or required by any other duly constituted public authority having jurisdiction over the work of vendor, Seller further agrees to hold the City of Fort Collins hamdess firm and against all liability and loss incuand by them by reason of an asserted or established violation of my such laws, regulaiore, ndinances, rates and requirtmenn. Authonartion. All parries to this contract agree hat she orwoure terwo, am, in fact, bow ride and possess bill and complete authority to bid said parties. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the tames and conditions sound herein out forth and any supplementary or additional terms and conditions moment hereeo or incorporated herein by referee,. Any additional or different arms end conditions proposed by retire art objerd to end hereby jerded. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENTimmediately tryout cannot make complete shipment to arrive on your promised delivery dte as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance arranial late deliveries, shall operate as a waiver cities provision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable readies, the option of placing this order elsewhere and holding the Seller liable for damages. Howeveq the Seller shall not he liable for damages as a result of delays due a ruses not reasonably fcivembable which gut beyond its reasonable control and without in fault ofnegliguism, such acts of God, acts ofeivil or military authanties,giv<mmmtol prioritirs,firms, strikes, Based, epidemics, mars or riots provided the notice of the conditions causing men delay is given f the Purchaser within five (5) days of the time when she Seller first received kn scldPa thereof In the .1 of my such delay, the data of delivery dull be ,ended for the period equal to Dee time azNally lost by reason afsk delay. 3. WARRANTY. Tha Seller warrants that all goods, ankles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intrndd, and Performed with the highest degree of core and competence in accordance with accepted standards for work of is similar nature. The Seller agrees to hold the purchaser harmless from arty loss, damage or expense which the Purchaser may suffer or incur on account ofthe Sellers breach of warranty. The Seller shall replace, repair or make good, without cast to the purchaser, any defects m faults giant, within one (1) year or within such longer period of time as may be prescribed by law or by the moms ofany applicable warranty provided by the Seller after the data of acceptance of the goods fiunished hereunder (acceptance not to be immeasurably delayed), resulting from imperfect or dructive work done or materials famished by the Seller. Aereptmce or me of goods by the Purchaser shall not constitute a waiver of my claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hcrewder shall extend to all damages Prximately caused by the branch of any of the foregoing weenies or guarantees, but such liability shall in tan event include Ims of prefix 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 to legal a ma by written change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the specification, or drawings, by verbal or written change order. If any such change effects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may many time by written change order, terminate this agreemem as to any or all protons of the goods then m1 shipped, subject a any intuitable djustment between the panic as to any work or materials then in progress provided that the Purchaser shall not be liable for my claims for anticipated profits on the uncompleted Portion of Oa, grads and/or work, for incidental or consequential damages, and Out no such glimmered he made in favor of the Seller with respect m my goods which art the Sellers standard stock. No such remotion shall relieve the Purchucr or the Seller of any ofthe'u obligations as to any good delivered hcreuder. T. CLAIMS FOR ADR STMENT. Any claim for adjustment must be aasmed within Mary (30) days form the date the change or examination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations m which the goads are subjml. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character arc hereby inempomtd herein by this reference. The Seller agrees a indemnify ad hold she Purchaser Families form all Can and damages suffered by the Purchaser as a result of she Sell. failure to comply with such law. 9. ASSIGNMENT. Neither parry, shall assign, traaf , or convey this over, or any rmwas due or in became due hertmder wlthoud the prior wrinrn consent of she other parry. 10. TITLE. The Seller wanann bill, clear read unrestricted title to the Purchaser for all equipment, materials, and items fonishd in petformmce of this movement, from and clear of any and all liens, restriction, mrrmtlom, security interest encumbmners and claims ofothers. 11. NONWAIVER. Failure of the Purchaser to insist upon strict perfomame of the terms and maditions heel failure or delay to any rights or remedies porvided herein ar by law, failure to PrompOy ratify the Seller in the event of o branch, the acceptance arm payment for goods hereunder or approval ofthe design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of my right of the purchaser to insist upon stria Forbearance hereof or any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunto, nor shall any puryorted oral modification or rescission of Nis purchase order by the Purchaser operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and thr Perchance recolmize Oat in actual economic practice, overcharges resulting from antitrust violations ate in fame first hoby she Purehssce. Theretofore, for good cons, ad as consideration for executing this purchase other, We Seller hereby casts an the Purchaser any and ate claims it may now have or hereafter acquired under fdcral or state satitrust laws far such overcharges relating to the particular good or services purchased or acquired by fie Puremsen pursuant to this purchase older. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifffe Purchaser directs the Seller to mrrecl rmnconfmming or defrcder goods by a date to he agreed upon by the Purchaser and the Seller, and the Seller mcranfer indicates its inability or, unwillingness to comply, the Purchaser may cause the work a be performed by the most expeditious means available to it, and the Seller shall Pay all casts associated with such work. The Seller shall release the Purchaser and its contmaors of any it,, from all liability and claims of any nature resulting from the performance branch work. This release shall apply even in the an, of fault of negligence of tha party relco d and shall extend m the directors, cRurs and employees ofsuch party. The Sellers contrectual obligations, including warrmry, shall rant be deemed to b, reduced, in any way, because such work is performed or caused to be per! ed by the Purchaser. 14, PATENTS. Whenever the Seller is restaurant to use any design, device, material or process covets by letter. Ford, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by brawn of the use of such patented design, device, material or process in connection wish the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipments or any an thereof or the intended use of the goods, is in such suit held to constitute infringemene and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right 1m continue to, said equipment or pans, replace the same wish substaminly equal but noninfringing equipment, or modify it so it becomes naninfdnging. 15. INSOLVENCY. If Me Seller shall become horehound or bankmpt, make an ressigmeem for tune benefit of ctedieors, appoint a baceiver 01 nustre for any of tine Sellers Property or business, this other may Forthwith be canceld by she Purcham wiOam liability. 16. GOVERNING LAW. The definitions oftctns used or the intaprtation ofthe agaemmt and the rights of all parries hereunder shall be coamad ucAer and governed by nth laws of she Sam of C.Joad., USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including Me services of Sellers Representative(s), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall curry on said work at Sellers own risk until the same is billy completed and accepted, and shall, in u of my incident, douggetion or injury to she work anckor materials before Sellers final completion and acceptance, complete the work at Sellers own expeare and to the satisfaction of the Purchaser. When materials and equipment art (umuhed by others for retaliation or arcaion by the Seller, she Seller shall receive, urdad, store and handle same in the sire and become responsible therefor, as though such mareriads supper equipment were being furuffeel by the Seller under the order. 18. INSURANCE. The Seller shall, m his awn experse, provide for the payment of workers compensation, including occupational disease benefits, to in employers employed on or in connection with she work eomeed by this purchase order, rocker to their dependents in accordance with the laws of tune state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contrmnul and automobile public liabiliy in with noddy injury and death limits of at least S3oo,000 for any one person, $500,000 for any one aaidrod and property damage limit per accident of 5400,000. The Seller shall likewise require his contractors, if any, to provide for such comperumion and imurence. Before any of the Sellers or his cannacers employees shall do my work upon the premise of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such ri nifiwtes shall specify the dale when such ampemation and insurance have been provided Such cenifiutes shall specify the date when such compansmion and announce expires. The Seller agrees Oat such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella h.b, assumes the entire resporibiliry and liability for my and all damage loss or injury army kind r amrt whatsoever m persons or property coaxed by or moulting from the mccutim order wok provided for in thispochase ordrr or in comadosberewith. The Seller will indemnify and told harmless the Purchaser and any no all of the Purchasers oRcers, agents and employers from and against my and all claims, loam. damages, charges or expenses, whether dire or idirea, and whether to Farmers, or pmperry to which the Purchaser may be put or subject by reamer of my act, action, nation, omission or default on the pm of the Seller, any of his contractors, or my of she Sellers or contractors officers, agents or employees. In case any mit a other proceedings shall b, brought against she Purchaser, or its officers, agents or employees at any time on account or by reawn of any rat, action, neglect, omission or default of the Seller of my of his contractors or any of in or their officers, agents or employees as aforesaid, the Seller hereby acres to mane the defense thereof and in defend Our same at the Sellers own expense, to pay any and all cos., charges, anomnys fees and other excenses, my and all judgments that may be incurred by or obtained against the Purchase or my of in or their ofticars, agents or employees in such suin or other proceedings, ad in rase judgment or other lien the placed upon or obtained against the property of the Purchaser, or said panic in or as is result of soh suits or other prmerdings, Me Seller will in more moor the same an he dissolved and discharged by giving band mosherwite. The Seller ad his contrrctors shall sake all safety precautiotss, famish and iramill all guards necessary for Me prevention of accidents, comply with all laws and regulation with regent to many mediating, but without limiation, the Ournpasioal Safety and Health Act of 1970 and ell roles and regulations issued porsemnd enema. Revised O7R014