HomeMy WebLinkAbout541381 WESTAR INDUSTRIAL SUPPLY LLC - PURCHASE ORDER - 9150124PO
PURCHASE ORDER 915012er Page
CI�/ of PURCHASE
9150124 1 of z
' `tr OI lI ns This number must appear
V ` on all invoices, packing
sli s and labels.
Date: 01/08/2015
Vendor: 541381
WESTAR INDUSTRIAL SUPPLY LLC
546 8TH ST SE
LOVELAND CO 80537
Ship To: FLEET SERVICES - MAIN SHOP
CITY OF FORT COLLINS
835 WOOD ST
FORT COLLINS CO 80521
Delivery Date: 01/08/2015 Buyer: DOUG CLAPP
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 Blanket Order 1 LOT LS 1,000.00
Misc. Parts
to cover the cost of miscellaneous parts and
shope supplies for fiscal year 2015.
All deliveries shall be made upon
request of City Parts department only. All deliveries
to be accompanied by an invoice or packing slip.
This purchase order is for the procurement of goods
and/or services, as needed during the current
fiscal year. Dollar amounts specified are estimates
and not a promise to purchase any minimum amount
of goods and/or services.
2 Blanket Order
Shop Supplies - Wood St.
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
2,000.00
Total
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terns and Conditions
Page 2 of 2
1. COMMERCIALDEfA1LS.
Tax exemptions. By suture the City of Fan Collins is exempt from sure and local taxes. Our Exemption Number is 11. NONIVAIVER.
98-04502, Federal Excise Tax Exemption Certificate of Registry 84-6000587 is no,mered with the Collector of Failure of the Purchaser to insist upon strict impatience of the temp and conditions hereof, failure or delay to
Internal Revenue, Denver. Colorado (Ref Colorado Revised Statutes 1973. Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly carry due Seller in the event of a
breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of
Goods Rejected. GOODS REJECTED due to failure to meet Wecificaiow, either when shipped or due to defects of any of the warrants or obligations of this purchase order and shall not be deemed a waiver of any right of ire
damage in transit may be rammed to you for credit and are not to be replaced except upon receipt of wnnm Purchaser o insist upon strict performance hereof or any of is, rights or remedies w to my such good, regardless
ionouthons from the City of Fan Collins. of when shipped received or accepred, as to my prior or subsequent default hereunder, nor shall my purported
oral modification or rescission of this purchase order by the Purchaser operate w a waiver of any of the emms
Inspection. GOODS are subjectto rde Ciry of Fon Collins tnapecuon on arrival. hercoE
Final Acceptance. Receipt of the merchandise, mmms or equipment in membe, m this order can result is 12. ASSIGNN, NT OF ANTITRUST CLAIMS.
aothonxd payment on the pan of the City of Fan Collins. However, it is m be understand that FINAL Seller and the Purchaser magnum thin in actual economic practice, overcharges resulting from mtious,
ACCEPTANCE is dependent apron completion wall applicable required inspection procom es. volumes are in fact home by the purchaser. Theremforfor good excess, and in consideration for executing this
purchase order, the Seller hereby usiga to the Purhaser my and all claims it may now have or hereafter
Freight Terms. Shipments must be F.0 B., City of Fan Collins, )Ode Wood St, Fon Collins, CO 80522. unless acquired under fedora or state antitrust laws for such overcharges relating to the particular good or services
otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuanno this purchase order.
bill most accompmv invoice. Additional charges for packing will not be accepted.
Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is
expected from the nearest distribution point to destinauo a and excess freight will be deducted from Invoice when
shipments are made from greater distance.
Permits. Seller shall procure at sellers able min all necessary permits, certificates and licenses required by all
applicable laws, regulations, ofi manta and rules of the state, municipality, tenimry or posts] subdivision where
the work is performed. or required by my other duly constituted public authority having junsdiction over the work
of vendor. Seller further agrees to hold the City of Fan Collides harmless from and wrost all liability and loss
.itntied by them by reason of an rumored or established violation of my such laws, regulations, ordinances. rules
re sonar ants.
Auturearion. All parries to this contract .,es, that the representatives are, in fan, bona fide and possess full and
complete authority to bind said panics.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated
herein set forth and my 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 immNiaely if you cannot make complete shipment to arrive an your
promised delivery date as noted. Time is of the essence. Delivery and performance most be effected within the time
stored on the purchase order and the documents adsorbed harem. No acts of the Purchasers including, without
limitation, acceptmce of p=d late delivena, shall operate a a waiver of Nis provision. bs the event of my delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere
and holding the Seller liable for damages. However, me Seller shall not be liable for damages as a result of delays
due to causes not reasonably foreseeable which are beyond its reasonable random end wihod is fault of negligence,
such acts of God, acts of civil or military amhomies, govemmental priorities, fires, strikes, food epidemics, was or
riots provided that notice of the conditions causing such delay is given to the Purchaser within foxy (5) days of the
time when the Seller first received knowledge thereof In the event of any such delay, the date of delivery shall he
extended for the period equal to the time actually lam by reason of me delay,
3. WARRANTY.
The Seller wenanrs that all goods, dtielrs, maternals and work covered by this order will conform with applicable
drawings, specifications, samples and/or other descriptions giver, will be fit for the purposes intended, and
Performed with the highest degree of care and monpetmce in accordance with accepted standard for work of a
similar nature. The Seller agrees to hold the purchaser harmless from my loss, damage or expense which me
Purchaser may suffer or incur on account of the Sellers breach of wamenty. The Seller shall replace, repair or make
good, without cost to the purchaser, my defects or faults arising within one (1) year or within such longer period of
time as may be prescribed by law or by the terms of my applicable warranty provided by the Seller after the date of
acceptance of the good fumished hereunder (acceptance not be unreasonably delayed), resulting from imperfect
or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not
constitute a waiver of any claim under this war mry. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing warranties
or guarantees, but such liability shall in no went include loss of prof is or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
a. CHANGES IN LEGAL TERMS.
The Purchaser may make charges to legal most by women change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser
r
may make my changes to me terms, abet d m legal to including additions to or deletions from
the quantities originally ordered in the specifications or drawings, byveded or written change order. If my such
change affects the amount due or the time of performance heremder, an equitable adjustment shal I be made.
6. TERMINATIONS.
The Purchaser may at any time by winner change order, terminate this agreement as to my or all portions of the
goods then not shipped subject to my equitable adjustment betwoen the Ismies as to my work or.,an.), tied in
progress provided that the Purchaser shall not be liable for my claims for anticipated profits on rise uncompleted
portion of the goods and/or work, for incidental or comequmtial damages, and thud, no such adjustment be made in
favor of the Seller with respect to my good which are the Sellers standard stock. No such urminztion most ralieve
the Purchaser or due Seller of my of their obligations as to my good delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for achievement must be asserted within thirty (30) days from the date me charge or termination is
ordered
8. COMPLIANCE WITH LAW,
The Seller warms that all goods sold hereunder shall have been produced, and, delivered and famished in strict
compliance wild all applicable laws and regulations to which the good are subject The Seller shall execure 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 are hereby incorporated herein by this reference. The Seller Wens to
indemnify and hold the Purchaser haroods from all costs and damages suffered by the Purchaser as a result of due
Sellers failure to comply win such law.
9. ASSIGNMENT.
Neither parry shall assign, transfer, or couvry this order, or my monies due or to become due heremder without the
prior wrinen consent of the other parry.
10. TITLE.
The Seiler warew full, clear and unrestricted tide to me Purchaser for all equipment, materials, and Items famished
in performance of this agreement free and clear of my and all liens, restrictions, reservations, security interest
.cumbrances and claims of coders.
I3. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to correct nonconforming or defective goods by a date in be agreed upon by the
Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
may cause me work 0 be performed by the mom expeditious means available to it, and the Seller shall pay all
corns associated with such work.
The Seller shall release the Purchaser and its contractors of my der tram all liability and claims of my nature
rrsWrng from the performm<e of such work.
This release shall apply even in the evert of fault of negligence of the parry released and shall extend m the
directors, offices and employees of such parry.
The Seller's captured obligations, including warranty, shall not be deemed to be reduced, in my way, because
such work is performed or caused to be performed by the Purchaser.
14. PATENTS.
Ulmouver the Seller is required to use my goods, device, material or process covered by letter, patent trademark
or py coright lde Seller shall indemnify and save harmless the Purchaser from my and all claims for infringement
by reason of the use of such pztmted design, device, material or process in tomation with the contract, and
shall indemnify the Purdnaer for my cos, expense or damage which it may be obliged to pay by reason of such
infringement at my time during the prosecution or after the completiun of the work. In case said equipment or
my pan thereof or the intended use of the goad, is in such suit held to cartmitde infringement and the use of
said equipment or pan is enjoined, the Sella shall, at its awn expense and in its option, either procure for the
Purchaser the right to continue using said equipment or parts, replace the same with substantial, equal but
mainfHnging equipment, or modify it m it becomes wninfringing.
15. INSOLVENCY.
If the Seller shall became insolvent or bankmpt, make our assignment for me benefit of creditors, appoint a
receiver or trustee for my of the Sellers property or business, this order may faMwith be canceled by the
Purchaser without liability.
16. GOVERMNG LAW.
The definitions of tams used or the interpretation of the agreement and the fights wall parties hereunder shall IN
comerued under and b veined by the laws of the Some of Colorado, USA.
The following Additional Conditions apply only in crea where the Seller is to perform work hereunder,
including the services of sellers Repre madve(m, on the premises of others.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Settees own risk until the same is fully completed and accepted, and shall,
in case of my accident, datmction or injury to the starts and/or materials before Sellers final completion and
acceptance, complete me work at Settees own espouse and to the satisfaction of the Purchaser. Whm materials
and equipment are fumiahed by orders for installation or erection by the Seller, the Seller shall receive, unload,
some and handle same at the site and become responsible therefor as though such materials anther equipment
were being famished by the Seller under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for no payment of workers compensation, including occvpatiomi
disease bmefin, to its employees employed on or in connection win the work covered by this purchase order,
and/or to their dependants in accordance with the laws of the made in which the work is to be done. The Seller
shall also carry comprehensive general liability including, but not limited m, contractual and aummobile public
liability insurance with bodily injury and death limits of at least $300,000 for my one posed, 1500.000 for my
one student and property damage limit per accident of 8400,0(0. The Seller shall likewise require his
comram rs, if my, to provide for such compensation and insurance. Before my of the Sellers or his contractors
employees shall do my work upon me premises of orders, the Seller shall famish the Purchaser with a comficare
mat such comp.aation and insurance have hem provided. Such co ficaa shall specify the eats whin such
compensation and insurance have been provided. Such ceroficata shall specify the date whom such compensation
and Insurance expire. The Seller agrees mat such comprwadion and insurance shall be maintained anal after the
mdre work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby warmor the more responsibility and liability for my and all damage, loss or injury of my kind
or nature whensoever to persons or property caused by or resulting from the execution of the work provided for in
this purchase order or in connection herewith. The Seller will indemnify and bold harmless the Purchaser and my
or all of the Purchasers officers, Mmrs and employees from and against my and all claims, losses, damages,
charges or expense, whether direct or indirect, and whether to persons or property to winch the Purchaser may
be put or subject by reason of my ant action, neglect omission or default on due pan of the Seller, my of his
embectuu, or my of the Sellers or conmuters officers, agents or employee. In case my suit or other
proceedings shall be brought against due Purchaser, or in officers, agmu or employees at my time on account or
by reason of my ut action, neglect, omission or default of the Seller of my of his examinations or my of it ar
their officers, agents or employees as aforesaid the Seller hereby odors to assume the defense thereof and to
defend the same m the Sellers own expense, to pay my and all costs, charges, momeys fees and other expenses,
my and all judgments dud may be incurred N or obtained against she Purchaser or any of its or their officers,
allow or employees in such suits or other proceedings, and in ruse judgment or order lint be placed upon or
obtained against the proper, of the Purchaser, or said parties in or as a rains of such sits or other proceedings,
the Seller will at move cause the same to be dissolved end dimbarged by giving bond or otherwise. The Seller and
his connutors shall take all safety precautions, furnish and install all guards necessary for the prevention of
accidents, comply with all laws and regulations with regard to safety including but without limitation, the
Occupancies] Safety and Health Act of 1970 and all rates and regulations issued pursuant thereto.
Revised 02/2014