HomeMy WebLinkAbout168310 SCHRADER OIL CO - PURCHASE ORDER - 9150242PO
PURCHASE ORDER 915024er Page
CIi7/ of PURCHASE
9150242 1 of z
' `t Collins
lies This number must appear
V ` on all invoices, packing
sli s and labels.
Date: 01/13/2015
Vendor: 168310
SCHRADER OIL CO
PO BOX 495
FORT COLLINS CO 80522-0495
Ship To: OPERATIONS SERVICES
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
, Blanket Order 1 LOT LS 4,000.00
Propane Fill -ups
cover the cost of propane tank fill -ups for fiscal
year 2015. All fill -ups will be accompanied by an
invoice or fill -up slip. The statement shall include
a copy of the invoice, with unit number, signature,
printed name, and department number.
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
Credit
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
-1,000.00
Total $3,000.00
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. CONMERCIAI. DETAILS.
Tax exemptions. By statute the City OfFort Collins us exempt tram state and local fixes. Our Exemption Number is
I L NONWANER.
9RO4503. Fedml Excise Tax Exemption Carthage of Registry 84-6000587 is registered wild the Collector of
Fvlure of the Pmchaer in hour upon strict ores! of the terms and conditions hereof, failure or delay to
Interim 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 rectify the Seller in the event of a
breach, the acceptance of or paymrnt for goods hereunder or approval of the design, shall at release thc Seller of
Goods Rejected. GOODS REJECTED due to failure to area specifications, either when shipped or due to defects of
any of the warranties or obligations athis purehau order and shall no be deemed a waiver of any right of the
damage in Ransil, may be retuned to you for credit and are not to be replaced except upon receipt of written
purchaser to insist upon strict performance hereofcr any runs rights or remedies as to any such goods, regardless
instructions from me City of Fort Collins.
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported
oral modification or maxission of this purchase, Order by the Purchaser operate as a waiver of any of the terms
Inspection. GOODS art subject to the City of Fort Collins inspection on arrival.
hereof.
Final Acceptance. Receipt of the rerchendise, services or equipment in repone to this order can reach in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorised payment on Re part of me Ciry of Fan Collins. However, it is to be understood that FINAL
Seller not the Purchaser recreate! coat th ODWI ecom is Procnerc e!, ovhes vges reaching from antitrust
pro ACCEPTANCE is dependent upon completion Orgill applicable acquired inspection cedures.
v almom are in fact home by the Purchaser. neutralism, for good cause and is, consideration for exceeding this
purchase order, the Seller hereby assign to the Purchaser any and all claims it may now have or horde cr
Freight Tents. Shipments must be F.O.B., City of Fort Collins, 700 Wood Ss, Fort Collins, CO 80522, unless
acquired miler federal or sme anrivust laws far such overcharges relating to the particular goods or smices
Otherwise specified on this ang If permission is given to prepay freight and charge separately, the original freight
purchased or acquired by the Purchaser prsmnt to this purchase order.
hill must eccounnanv invoice. Additional chances for mckinn will not be emerged.
Shipment Distance. Where manufacturers have distributing pints in various .as of the country, shipment is
expected from the nearest distribution Pool., to destination, and excess freight will be deducted from Invoice when
shipments arc made from greater distance.
Permits. Seller shall Fracture in sellers sole cost all necessary penning, eenifimtrs and firearms requirM by all
applicable laws, musicians, ordinances and files of the state, municipality, tcrni rry M Political subdivision where
the work is performed, or assumed by my other duty combatted public authority having jurisdiction over the work
of vendor. Sella father agree m hold the City of Fon Collie bannleas fmm and against all liability and loss
incurred by them by reason of an asserted or established xi.[arm. of any such laws, regulations, crditammi. roles
and requirements.
Anghoricaram. All parries to this cmis m a,am that the trap camci ives are, in fact, bona fide and possess full and
complete authority Ir bind said series.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terns and conditions stated
herein ter forth and any supplementary or additional tents and condition 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 camas make complete shipment to arrive oa your
premised delivery date m noted. Time is of Ore essence. Delivery and pafortnema must be !Raged within the time
sated on the pwchase order and the dacumrns watched harem. No acts of the Parchasers including, without
limitation, acceptance of am ial late deliveries, shall Werage n a waiver of this provision. In the event of my delay,
the Purchaser shall hate, in addition to other legal and equitable remedies, the option ofpladng this order elsewhere
and holding she Sella liable far damages. However, she Seller shall not ic liable for damages as a redr of delays
due to masses not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence,
such acts rfGrd, acts of civil or military authorities, governmental priorities, fices, strikes, flood, epidemics, wan or
riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the
time when the Seller fro received knowledge thereof. In me went of any such delay, the date Of delivery shall be
atemled for the period agml to the time acaally lost by reason ofthe delay.
3. WARRANTY.
The Sella warrants, that all good, articles, mwmals and work covered by this Order will genfom with applicable
drawings, specificauon, samples andlor other description given, will be fit for the Impasses intended, and
performed l with the highest degree of care and competence in accordance with accepted standmis for work of a
similar name. The Seller agree to hold the purchaser homeless tram my loss, damage in expense which the
Purchases may surfer or incur oa.coma of the Sellers breach ofwarany. The Seller shall replace, repair or make
good without cost to the pas chime ,any defects or faults ansing within one (1) year or within such longer period of
time as may be presented by law or by the rams of any applicable warranty provided by the Seller net the date Of
ecepmnce of Ne good fms6ed hereunder (acceptance not to be unreasonably delayed), resuhing from imperfect
or defective work done or materials famished by the Seller. Acceptance or use of good by Ne Purchaser shall not
constitute a waiver of my claim under this warranty. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend lr all damages p cater! kly mused by the breach of my of the foregoing warranties
or guaantees, but such liability shall in no event include loss orpms 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 go legal toms by written change order.
5. CHANGES IN CONIMERCIAL TERMS.
The Purchaser may make any changes to the tame, other than legal team, including addition to or deletion from
the quantities originally ordered in the specification or dmwings, by verbal or written change order. If any such
change affect the amount due or the time ofpermagrance hereunder, an equitable adjustment shall be mode.
6.TERMMATIONS.
The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the
goods Olen firm shipped, subject to any equitable adjmtment between the pries u to any work or materials then in
progress provided pat the Purchaser shall not be liable for my claims for anticipated Focus an the uncompleted
portion of the goods .&a work, for incidental or consequential damages, and that m such adjustment be made in
favor of the Seller with import to my good which are me Sellers standml stock. No such temtination shall relined
the purchaser or the Seller army of their obligations as to my good delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim fro adjustment must be asserted within thirty (30) days Earn the date the change or gemination is
ordered.
8. COMPLIANCE WITH LAW.
The Sella warrants lost all good sold hereunder shall have been produced, sold, delivered and famished in strict
compliance with all applicable laws and regulations to which the goods are subject. The Seller shall esccute and
deliver such documents m may be required m efrect or evidence compliance. All laws and regulations required to be
incorporated in agreements of this character are hereby incorporated Except by dds refesmce. The Sella agrees to
indemnify and hold the Purchaser hamrleas fmm all costs and damages •uff cal by me Pugmhxur u a result of Be
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, tmnfer, or convey this order, or any monies due or w become due hereunder without the
.nor woman commit afthe other pray.
10. TITLE.
The Seller warrants full, clear and unrestricted title to me Purchaser for all equipment, materials, and items famished
in performance of this agreement, Gee and clear of my and all liaa, restnetiore, reservation, security imrmt
eneumbmgue and claims urethras.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to correct nonconforming or defective hands by a date to be agreed upon by the
Purchaser and the Seller, and the Seller therwfter indicates its inability or unwillingness to comply, the Purchaser
may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all
casts associated with such work.
The Seller shall releaze the Purchaser and its contractors of my tier fmm all liability and claims of any nature
resulting team the perfomgance of such work.
This relcau shall apply !nett in the event of fault of negligence of the party released and shall !Mend to the
directors, officers and employees afsuch parry.
The Seller's contractual obligations, including warrant% shall not be deemed to be reduced, in any way, because
such work is performed or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Sella is required to use my design, device, material or process reverel by liner, patent, trademark
or copyright, the Seller shall indemnify and save harmless the Purchaser fmm any and all claims for infringement
by realm of the usr of such .tamed design, device, .,coal or .mess in ca mMion with the contract, and
shall indemnify the p rs baser for my or, expeme or damage which it may be obliged to pay by neaten of such
inrrineagwnt at my time during the pmsecmirn or afla the completion of Ne work. In rase said equipment, or
any pm thereof or the initiated use of me goods, is in such suit held go connate inMngement and the use of
said equipment car pan is enjoined, the Seller shall, at its own expense and at its option, either Passage, for the
Purchaser the night a continue using said equipment or pans, replace the same with sub9amiolly egml bur
noninf figing equhpmem, or modify it suit becomes noninftinging.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a
receiver Or crime for any of the Sellers property or business, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definifiom of terms used or the interpretation of the agreement and the fights ofall parties hereunder shall be
,mounted under ak govemM by the laws ofthe State ofColomdo, USA.
The following Additional Conditions apply oady in taus where the Seller is to perform work hereunder,
including the services of Sellers Represeamticask an Ne penises crag
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at helices own risk until the same is fully completed and accepted, and shall,
in e of any accident, destruction or injury to Ore work and/or materials before Settees final completion and
acceptance, complete the work at Sellers own aspens, and to he satisfaction of the Purchaser. When materials
arm quipment are famished by others for installation or emotion by the Sella, the Sella shall receive, mlood,
stare and handle same of Ore site and become responsible thrrefor as though such matmals .Nor eqm,.
were being fmished by the Sella under me order.
IIL ]INSURANCE
The Seller shall, gig has own expense, provide fro the payment of workers compmsauan, including ecuptioel
disease bme0ts, to its employees employed on at in correction with me work covered by this purehau order,
mdlor to their dependents in accordance with the laws of the stage in which the work is to be done. The Sella
shall also tarty comprehensive gaining liability including, but not limited f, annual and automobile public
liability insurance with bodily injury and death limits of at least S30mors for any one person. S500,000 for any
one accident and property damage limit per accident of $400,000. The Seller shall likewise receive his
contractors, if any, to provide far 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 Finnish me Purchaser with a cmificam
that such compensation and insurance have been provided Such certificates shall specify the date when such
compensation and insurance have been provided. Such certificate shall specify he date when such compensation
and nntt .expires. The Seller agrees fiat such mmpensatian and imurmce shall be maintained until afia the
ensue work is completed and ecept d.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire respniblliry and liability far any and kl dam tim,1. or injury army kind
r mature whatsoever to persons or property caused by or resulting fmm the execution of the work provided for in
this puahae order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any
cr all of the Nutriments officers, agents and employees from and against any and all claims, lasses, damages,
harges or expenses, whether direct or indirect, and whether in persons or property to which the Purchaser may
be put or subject by reason of any act, action, neglect, omission or derault on the pan of the Seller, any of his
contractors, or my of the Sellers or contractors often, agems or employees. In case any suit or order
proceedings shall be brought apt= the purchases, or its officers, agen¢ or employees at any tine on account a
by amen of my act, action, neglect, omission or default of the Seller of my of his contractors or my of its or
their oRcers, agents . employes u aforesaid, the Sella hereby agree go assume the defense merger and a
defend Be, same al the Sellers own expense, go pay my and all casts, charges, a ssfism fors and at expenses,
my and all judgmenng mat may be magragd by or obtained against the Ruuhazer on my of its or their oRcers,
agents or employes in such sums a other pmaodings, and in case jndgment cr Omer lira be placed upon of
roamed againt the property office Putchasa, a said Was in Or e a mutt afsuch suit or other pmreWivgs,
the Seller will of once roux the same a be dissolved and d'mch ugal by giving bond or offerwisr. The Sella and
his contractors shall take all safety precaumns, famish and inmll all guard necessary for the prevention Of
accidents, comply with all laws and regulation with regard to safety including, but without limitation, me
Occupational Safety and Health Act Of 1970 and all files and ugulagion issued pursuant thereto.
Revised 01R014