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HomeMy WebLinkAbout454045 A-Z SAFETY SUPPLY - PURCHASE ORDER - 9150214Fort Collins Date: 01/13/2015 PURCHASE ORDER PO Number Page 9150214 1of2 This number must appear on all invoices, packing slips and labels. Vendor: 454045 Ship To: FACILITIES DIVISION A-Z SAFETY SUPPLY CITY OF FORT COLLINS 1554 RIVERSIDE AVE 300 Laporte Avenue FORT COLLINS CO 80524-4326 Building B FORT COLLINS CO 80521 Delivery Date: 01/13/2015 Buyer: DOUG CLAPP Note: Line Description Quantity Ordered UOM Unit Price Extended Price Blanket Order 1 LOT LS 7,000.00 Misc. - Fire Extinguishers cover the cost of miscellaneous labor/materials for fiscal year 2015. All deliveries shall be made upon request of City Facilities department only. All completed services must be accompanied by an invoice or job ticket including contact person and site location. 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 2 Blanket Order 1 LOT LS 1,000.00 Misc. - Hardware 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 Total 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 exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-04502, Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Intemal Revenue, Denver, Colorado (get. Colorado Revised Statutes 1993, Chapter 39-26,114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due m defects of damage in immit may be remmed to you for credit and are not m be replaced except upon receipt of women instructions from the City of Fort Collins. Logarithm. GOODS are subject to the City of Fort Collins inspection on normal. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in authoneed payment on the pan of the City of Fort Collins. However, it is to be understood thatFINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms Shipments most be F.O.B., City of Fort Collins, 700 Wood St., Port Collins, CO 80522, unless otherwise specified on this order. Upermismor is given to prepay freight and charge sepmmely, the original freight hill must acenmnanv in-ou, Additional chances for cackice will not be acceotM. Shipment Distance. Where manufacturers have dombuliag points in varricarts pails of due country, shipment is expected from the nwreer distribution point to desurn ion, and excess fieighl will be deduct d from Invoice when shipments are made from greater distance. Permits. Seller shall proure at sellers sole cost .11 necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and roles of the .it, municipality, territory or political subdivision where the work is performed, or required by any other duly canatitued public authority having jurisdiction over the work of vendor. Seller former agrees to hold the City of Fort Collins hvmless from and against all liability and losa incurred by them by mason of an assented or established violation of any such laws, regulations, ordinances, mles requirements. Amlummutim. All parties to this counsel time firm the representatives are, in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS This Purchase Ord, expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional I mts and conditions annexed harem or incorporated herein by reference. Any additional or different lama and conditions proposed by seller are objected to and hereby rcjcolor 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery date se noted. Time is of the essence. Delivery and porformanry most be effected within the time stated on the purchase order and the documents attached hereto No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver ofthis provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably finewble which are beyond its reasonable moral and without its fault of negligence, such acts of God, acts of civil or military authorities, govemmental priorities, fires, mikes, flood, epidemics, wars or nor, provided that ..live of the conditions causing such delay is given 10 the Pmebaser within five (5) days of the time when the Seller first received knowledge Hereof In the event of any such delay, the date of delivery shall be extended for the pound equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for rise purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a -milm nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which me Pumhmser may suffer or incur, on amount of me Sellers breach of waranty. The Seller shall replace, Man or make good, without cost to the purchase, any defects or faults arising within one (I) year or within such longer peril 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 goods fMshed hereunder (acceptance n.l to be unreasonably delayed), mantling from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchase shall not .nstande a waiver of my claim under ffis warranty. Except ces otherwise provided in this purchase order, me Sellers liability hereunder shall extend to al I damages proximately caused by the breach of any of the foregoing wanaafies or guarantees, but such liability shall in no event include loss of profits or lass 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 terms 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 specifications or drawings, by verbal or ventten change order . If any such change affects the amount due or the time aperfmmance hereunder, an equitable adjustment shall be more 6. TERMINATIONS. The Purchsser may in any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjusunent between the parries as to any work or materials then In progress provided that the Purchaser shall not be liable for any claims for anticipated profs on the uncompleted auction of the goods and/or work, for incidental or consequential damages, and that m such adjustment be made in favor of the Seller with respect to any goads which are the Sellers ston lard stook No such termination shall relieve the Puralmor or the Seller fany of their ablilturns as to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be assented within thirty, (30) days from the dale the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and Famished in stria compliance with all applicable laws and regulation., to which the goods am subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations x road to be, incorporated in agreements of this character am hereby incorporated herein by this reference. The Seller agrees to indemnify and hold Nor Purchaser hamuless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, tmmfer, or convey this oNeq or any monies due or to became due hereunder without the prior written consent ofthe other party. 10, TITLE. The Seller warrants bill, clear and unrestricted title to me Purchaser for all equipment, materials, and items famished in perfnmmance of this agreement, flee and clear of any and all liens, mcnictione, reservations, security interest encumbrances and claims of otters. 11. NONWAIVER. Failure of the Purchase to insist upon strict performance of the terms and conditions hereof, failure or delay to my rights or remedies provided herein or by law, failure to promptly witty the Seller in me event of a breach, the acceptance ofor payment for goods hereunder or approval afore 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 strict performance here0for any of its ngb%or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder. nor shall any purported oral modification or rescission of this purchase order by me Purchaser operate as a waiver of any of the terms hereof, 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchase recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact Force by the Purchaser. Theretofore, forgoodcause and as consideration for executing this purchase order, the Seller hereby mantis to the Purchaser any and all claims it may new have or hereafter acquired under federal or state antitrust laws for such overcharges totaling to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase ardor. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchase directs the Seller to cored 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 m comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all cash associated with such work. The Seller shall mleam the Purchaser end its mountains of any tie from all liability and claims of any ram,, resulting Gam the performance of such work. - This release shall only even in the event of fault of negligence of the party released and shall extend to the directors, offrers and employew.[such party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchase. 14. PATENTS. Whenever the Seller is required to use any desigq &Are, maternal or process coveml by letter, patent Wdemadr 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 cosy experue 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 equipment, or any part thereof or the intended use of rue goods, is in such suit held 0 constitute infringement and the use of said equipment or part is enjoined, the Seller shall, at an own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but mainfnnging equipment, ar modify it so it becomes WolnGnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt make an assignment for due benefit of creditors, appoint a receiver or Wstee for any of the Sellers property or business, this order may forthwith be canceled by the Purchase without liability. 16. GOVERNING LAW. The definitions ofterms used or the interpretation ofthe agreement and the rights of all panies hereunder shall be concerned ender and governed by the laws ofthe State ofColomd., USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Representative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall wry, on said work at Seller's awn risk until the same is fully completed and accepted, and shall, in se of any accident, destruction or injury to the work unfair materials before Sellers final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by drt Seller the Seller shall receive, unload store and handle same at the site and became responsible therefor m though such materials and/or equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or he connection with Me work mvered by this purchase order and/or to their dependents in accordance with the laws of the stare in which the work is to be done. The Seller shall also carry compreheasive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and deaN limits of at Over 5300,000 for any one person, S500,000 for any one accident and property damage limit per accident of $400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of due Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall frrdsh due Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such ompmsation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after me entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire mpmaibility and liability for any and all damage, loss or injury of any kind or nature whatsoever 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 indemnity and hold harmless me Purchaser and any cr all of the Purchaseofficers, agents and employees from and against any and all claims, losses, damages, Purchasers; harges or expenses, whether direct or indirect and whether to portion or property to which the Purchase may be put or subject by reason of any act action, neglect, omission or default on the part of the Seller, any of his contractors, or any of the Sellers or contractors officer, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller of my of his contractors or any of its or their oliiars, agents or employees u aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or offer lien be placed upon or obtained against the property of the purchaser, 0, said parries in or as a result of such suits or other proceedings, the Seller will at once cause due same to be dissolved and discharged by giving bond or otherwise. The Seller and his commcmrs shall take all safety precautions, Famish 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 Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant thereto. Revised 09I2014