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HomeMy WebLinkAbout109260 D P C INDUSTRIES INC - PURCHASE ORDER - 9150222PURCHASE ORDER PO Number Page City of PURCHASE 9150222 , of 2 Flirt ( OI lins This number must appear !I\V`I V L ' 1 on all invoices, packing sli s and labels. Date: 01/13/2015 Vendor: 109260 D P C INDUSTRIES INC 23500 1-76 FRONTAGE RD PO BOX 509 HUDSON CO 80642-0509 Ship To: FACILITIES DIVISION CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS CO 80521 Delivery Date: 01/13/2015 Buyer: DOUG CLAPP Note: Line Description Quantity UOM Unit Price Extended Ordered Price t Blanket Order Chemicals & Misc. Supplies cover the cost of chemicals and miscellaneous supplies for the operation and water quality control of City swimming pools for fiscal year 2015. All work to be accompanied by an invoice or job ticket with date and 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 of 000ds and/or services. 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 25,000.00 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. C0MMERCIAL DETAILS. Tax exemphof s. By slatute the City of ran Collins is exempt from state and local taxes. Our Exemption Number is 11, NON WAIVER. 98-04502, Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist open most perfo rmnre of the terror and conditions hereof, failure or delay to Internal Revenue, Denver Colorado (per Colorado Revised Statutes 1993, Chapter 39 26, 114 (a)u exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of breach, the acceptance of or payment for goods hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specification, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall nor be deemed a waiver or any right of the damage in vansih may be resumed to you for credit and are not to ha replaced except upon receipt of wnt en purchaser to insist upon strict performance hereofor any of its rights or remedies as to any such goods, regardless instructions from the City of For Collins. of when shipped, received or accepted, as to any prior or subsequent default herewdn, nor shall any purported and modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS we subject to the City of Few 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. authorized payment on the part of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in aetnd a is practice, overcharges mantling Wm antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations we in fact home by the Purchaser. Theremfore,for good cause and m consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments muss be F.O.B., Gty of Four Collins, 700 Wood St, Fort Collins, CO 80522, unless acquired under fdeml or slate wtiaust laws for such ovecharges relating to the Particular goods or services otherwise specified oa this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchase pursuam to this purchase order. bill mast accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits Seller shall procure at sellers sole cast all necessary peames. cerofind. cad lieemes required by all applicable laws, regulations, oMinn.. and roles ofrhe stale, municipality, territory or political subdivision where the work is performed, or required by coy other duly constituted public wricur ry having jurisdiction over the work Of vendor. Seller further agrees to hold the City of Fort Collins harmless from cad against all liability and loin incurredan asserted by them by reason of asserted or established violation of my such laws, regulations, ordimnces, rules requiremems. Authorization. All parties to this contract agree that the repreaenmtives are, in fact, bona fide and posses full and omplete authority to bind said prance. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional time 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 immediately ifyou cannot make complete shipment to active on your promised delivery date as noted Time is ofrhe essence. Delivery and performance must be efleoted within the time stated on the purchase order and the documents attached hereto. No acts or the Purchasers including, without limitation, acceptance of partial ate delimmes, shall operate as a waiver of this provision. In the event crony delay, the Purcaser shall have, in addition to other legal and Nuimbly remedies, the option of placing 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 foreseeable which are beyond its reasonable control and without its fault of negligence, such is of Gad, is of civil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or rims provided that notice of the conditions causing 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 my such delay, the date of delivery shall be managed far the period equal to the time formally last by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work revered by this order will conform with applicable drawings, spnificifom, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a 'mils aware. The Seller agrees to hold the producer harmless form any loss, damage or expense which the m Purchaser ay sufi men , cur on are.. of the Sellers breach of wrreplaceaanty. The Seller shall repla, repair or make good without cast to the purchases, any defects or faults arising within one (I) year or within such longer period of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller specific dale of acceptance of the goods famished hereunder (mcepmnce not to by, unreasonably delayed), resulting Wm imperfect or defective work dome or materials famished by the Seller. Acceptance of use of goods by me Purchaser shall not constitute a waiver crony claim under this warranty. Except m otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach army of the foregoing warranties or guarantees, but such liability shall in no event include loss ofprofits 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 W 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 vttal or written change order. If any such change affects the amowt due or the time of performance hereanda, as equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, twuniwte Ors agreement as to any or all portions of the goods then rim shipped, subject to any circuits adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for my claims for anticipated profs on the uncompleted portion ofthe goods imaRb work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stock. No each termination shall relieve the Purchaser or the Seller ofany of their obligations as to any goods delivered hereunder. J. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the dam the change or lamination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods aold hereunder shall have been produced, sold, delivered and famished in shirt compliance with all applicable laws and regulations to which the goods are subject The Seller shall execute and deliver such document as may be tryuired to effect or evidence compliance. Ail laws and regulatiom required to be incorporated in agreement of this chameta are hereby incorporated herein by this reference. The Seller agrees in indemnity and hold the Purchase leamrlax 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 assigm mandfia, or convey this order, act any monies due or W become due herewder without the prior written cement ofthe other perry. 10. TITLE. The Seller warrants full, clear and unrestricted title W be Purchaser for all equipment, materials, and items famished in performance of this agreeaccon. free and clear of any and all liens, restrictions, reservatiom, security interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to career nonconforming or defective goads by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness W comply. the Purchaser may cause the work W be performed by the most expeditious means available to it, and the Seller shall pay all men aux imal with such work. The Seller shall release the Purchase and its contractors of any tier from all liability and claims of any nature ranging from the performance of such work. This release shall apply can in the event of fault of negligence of the party released and mall extend to the directors, officers and employees of such party. The Sella s command obligations, including warrant, shall not be deemed to be reduced, in any way, because such work c, performed or caused to beperfomted by the Patches, 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark 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 cast, 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 equipment, or any part thereof or the intended use of the goods, is in such suit held to constitute infringement and the can of said equipment or an is enjoined, the Seller shall, at in awn expense and at its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal bar comminuting equipment, or modify it so it becomes nownGnging. 15, INSOLVENCY. If the Seller shall became insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a rawma of trustee far any of the Sellers property or business, this Order may forthwith be canceled by the Purchaser without liability. If GOVERNING LAW. The definitions of terms used or the interpretation ofthe agreement and the rights of all parties hereunder shall be conswed order and governed by the laws ofrhe State ofC.I.do, USA. The following Additional Conditions apply only in nows where the Seller is to perform work herewr, de including the services of Sellers Rx,wwwmtive(s), on Ibepronces, i fothem 10. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sella's own risk until the same is fully completed and accepted, and shall, in e of any accident, destruction or injury to the work wdsor matenak before Seller's final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment are fmished by others for installation or erection by the Sella, the Seller shall receive, unload, score and handle same at the site and become responsible therefor as though such materials color equipment were being fmished by the Seller wder the order. 18. INSURANCE. The Seller shall, at his own expeme, provide for the payment of workers compensation, including occupational disease benefit, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the state in which the work is m be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability imuranec with bodily injury and &orb limits of at least 5300,00U for any one mrso . S500,000 for any one accident and property damage limit per .,Ideal of 5400,000. The Seller shall likewise require his omractons, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such c mpemation and insurance have been provided. Such c rtificates shall specify the date when such ompensation and announce 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 who the antics work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind r nature whatommr to persons or property, caused by or resulting fmm the execution office work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and my r all of fie Producers officers, agent and employees from and against my and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether in persons or property W which the Purchaser may be put or subject by reamn of any act, action, neglect, omission or default an the pan of the Seller, my of his contractors, or any of the Sellers or contractors officers, agents or employers. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at my tlme on account of by reason of any act, action, neglect, omission or default of the Seller of my of his contactors act any, arm or their officers, agents or employees m aforesaid, the Seller hereby agrees W assume the defense thereof and to defend the same at be Sellers own expense, to pay any and all ages, charges, attorneys fees and other expenses, any and all judgments Nat 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 eau judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parties in or of a result of such suits or other proceedings, the Seller will at once came, be same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall rake all safely precautions, famish and insist[ all guards nnessery for the prevention of accident, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rates and reguariom issued pursumt thereto. Revised 0II2014