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HomeMy WebLinkAbout285393 WAXIE SANITARY SUPPLY - PURCHASE ORDER - 9150253Fort Collins Date: 01/13/2015 Vendor: 385393 WAXIE SANITARY SUPPLY PO BOX 60227 LOS ANGELES CA 90060-0227 PURCHASE ORDER PO Number Page 9150253 1of2 This number must appear on all invoices, packing sli s and labels. 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 1 Blanket Order Janitorial Supplies cover the cost of miscellaneous janitorial supplies to include waste baskets and like items for fiscal year 2015. All deliveries to be ordered by City Janitorial Superfisor, Facilities department only. All deliveries 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 of aoods and/or services. P,4 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 10,000.00 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. COMMERCULDETAIIS. Tax exemptions. By staturethe City of FortCollins; is exemptfm stateand local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Cmifcme of Registry 84-6)00587 is registered with the Collator of Failure of the Pruchom to insist upon stria Performance of the terms and conditions hmmf failure or delay m m lnteal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). exercise any rights en mncdies provided herein or by law, failure on pmonopoly nalify the Seller in the event of a breach, the amptance ofor payment for goods bereuder or approval ofthc design, shall not release the Seller of Good Rejected, GOODS REJECTED due to failure to meet stratifications. either when shipped or due m defects of any of the warranties in obligations of this purchase order and shall not be deemed a waiver of any right of the damage in mamet, may be reNmed to you for credit and are not m be replooed except upon receipt of written purchaser m insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless moratians from the City of Fan Collins. ofwhm shipped, received in accepted, as to any prior or subsequent default hereunder, nor shell any puryaned oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the Warms Inspection. GOODS are subject to the City of Fon Collin inspection m arrival. hereof. Final Acceptance. Receipt of the merchandise, services or cluipmeat in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. autanzed paMan oa the pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting fro without ACCEPTANCEis Jependmt upon completion of ell vppliable mduiM inspection procedures. violations are in fact bome, by the Purchaser.Thereofore, for good eause and as consideration for executing this puahase order, the Sella hereby aasigns an the Purchaser any and all claims it may row have or berealfr Freight Terms. Shipments most be F.O.D., City of Fort Collin, )0) Wood SL, Fair Collins, CO 90522, unless aquired under federal or state antivust laws for such overcharges miming to the panialar good or services otherwise spaifted on this order. If permission is given m prepay freight anal charge separately, the original freight purchased at acquired by the Purchaser pursuant m this purchase order. hill ran r acenm,vnv invnim_ Addoinvl carves for oackine will not be aaemed. Shipment Distance. Where mon fincturers have dimibuting paints in ancous pans of the country, shipmem is expected from the nearest distribution to, to destinmi m. and excess freight will be dMacmd form Invoice when shipments are made from greater domarim. Permits. Seller shell procure at sellers sole cost all re ssar, permits, certificates and licenses required by all applicable laws, regulations, ordimanm and roles of the state, municipality, territory or political subdivision where the work is performed, or restated by any other duly constimmd public authority having jurisdiction over the work of vendor. Sella former agrees to hold the City of Fort Collins hermless farm and against all liability road loss memaid by them by reason of an acsened or established viola uon of any such laws, miJuletimcs, molimnces, roles and requirements. Authonation All parties In draw contract agree that the representatives are, in fact Farm fide and possess full and complete autbodry to bind said panic. LIMITATION OF TERhfS. This Purchase Order expressly limits acceptance or the marts and conditions smted herein set Inch and any supplementary or additional terms end condition ennead hereto or incorporated herein by reference. Any additional or differal terms and conditions proposed by seller are objected to and hereby related. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complem shipment to arrive on your promised delivery dete a poled. lime is of the essence. Delivery and perfcionow, must be effected within the time stated on the purchase order and the documents marched bureau. No acts of thc Pmchnm including, without limitation, acceptance of partial lam deliveries, shall operate as a waiver of this provision. In the event army delay, the Porchaser shall have, m addition to other legal and equitable remedies, the option of placing this order elsewhere and Mlding the Sella liable for damages. However, the Sella shall not be liable fro damages n a result of delays due so comes not reasonably f eeable which are beyond its reasonable central and without its fault ofnegligence, such acts of Gad, act, i feivil or military anti oblia, gnemmental primilics, fma strikes. Bond, epidemic, wars or not, provided that notice of the conditions causing such delay a given an the Purchaser within fine (5) days of the time when the Sella first received knowledge darcof In the event of any such delay, the date of delivery shall W extended for the period export m the time=Why last by reason offle 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 fl for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted sandard for work of . similar nature. The Sella agrees to hold the purchaser harmless from any loss, damage or expense which the Foramina may suffer or inert an account critic Sellers breach ofwartanry. The Seller shall replace, repair or make good, without cost to the purchase, any defects or faults arising wiMn one (1) year or within such longer period of time as may be presculal by law or by the tern army applimble warranty provided by the Seller after the date of acceptance of the goods famished bmunder (acceptance rat m be umeamwbly delayed), resulting from imperfaa or defeaire work done a rmteriafs banished by the Seller. Acc,,.e or use of good by de Purchaser shall rat onstimte a waiver of any claim under this wmranry. Except as otherwise presided in this Purchase order, the Sellers liability hemmtder shall extend to all damages proximately annual by the branch of any of thn foregoing waranties or guarantees, but such liability shall in no event include loss ofpmfirs 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 terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including addition to or deletion from the cautious originally ordered in the specification or drawings, by veAal or wroon change order. If any such change affects the amount due or the time of performance hereunder, an amicable adjustment shall be made. 6. TERMINATIONS, The Parchner may at any fire by women change order, barmam orris agreement as to any or all portion of the goods then not shipped, subject many equitable adjustment between ale pares as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated points on the uncompleted Portion of the goods mNor work, for incidental or constitutional damages, and that no such adjntmat be made in favor of the Seller with rct at to any goods which art me Sellers standard stock. No such termination shall relieve the Purchaser or the Sella army oftheir obligations as to any goods delivered hereunder. 9. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assemd within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that ell goods sold hereunder shall have ban produced, said. delivered and Famished in strict compliance with all applicable laws end regulations to which the good am atriums. The Sella shall execute and deliver such daumeau as may he remind to effect or evidence compliance. All laws and regulations carried to be incorporated in agreements of this character ate hereby incorporated herein by this refiama. The Seller agrea or indemnify and hold the Pwchasa harmless from all cats and damages suffered by the Purchaser in a moult of the Sellers failure m comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent ofthe other party. 10. TITLE. The Seller warrants full, clear and unrestricted title re the Purchaser fro all equipment, materals, and items famished in performance of this agreement, Ira and clear of any and all liens, restrictions, resermtions, security intemal encumbranna trod claims oforbers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to correct nonconforming or defective goods by a dam 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 he performed by the most expedition mean available to it, and the Seller shall pay all costs associated with such work. The Sella shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the pert m ofsuch work. This release shall apply can in the event of fault of negligence of the parry released and said extend to the directors, oficas and employees of such pony. The Salters wntracmal obligation, including vein , shall not be darted W le Much, in any way, because such work is performed or exuand to be perfom eel by the Purchaser. 14. PATENTS. Whenever the Sella is remits muse any design, device, material or process covered by letmq paten, tmdemah r copyright, the Seller shall indemnify and save harmless the Parchic r fort my and all claims for infringement by reason of the use of such patented design, device, material or pr was in connection with the contract, and shall indemnify the pumlaw, for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecmion or after the retardation of the work. In case said Norman, or any pan thereof or the intended use of the goad, is in such suit held to coastimm infringement 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 to continue ping said equipment or ports, replace the same with substantially appal but nomakinging ex tipmenl or modify it so it becomes nortinfringing. 15. INSOLVENCY. If the Sella shall became insolvent or ankmpa, note an assignment for the bereft of creditors, appoint a receiver or taste, for any of the Sellers propertry in business, this order may forthwith he canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terns used or the intapremtion office agreement and the rights of all parties hmunda shall be construed under and .,amid id by the laws tilde Some of Colorado, USA. The following Additional Conditions apply only in rases who the Seller is to Perform work hamnden including the services mfSellers Re sreaenmrivHsk on the premises of.dwas, 19. SELLERS RESPONSIBILITY. The Sella shall any on said work at Sellers own ask until the same is fully completed and accepted, and shall, in one, of my accident, destruction or injury to the work and/or materink before Sellers fired completion and amaidurea, complete the work at Sellers own asperse and in the satisfaction of the Purchaser. Wien morenals .it equipment arc Rotational by mde. for installation or mction by the Sella, the Sella shall racive, unload, store and handle same at the site and become responsible therefor as though such materials andtar equipment were being famished by the Seller under the order. 18. INSURANCE. Ile Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or to then dependents in accordance with the laws of the state in which the work is to be done. The Sella shall also carry comprehensive general liability including, bur not limited to, contractual and automobile public liability insurance with buddy injury and death limits of at lean $3oo,0'Jn for my one person. E500,00a fur any one accident and proper damage limit per accident of S40o,000. The Sella shall likewise requite his ontraction if any, to provide for such compensation and insurance. Before any of the Sellers in his contractors employees shall do my work upon the premises of others, the Seller shall famish the Purchaser with a certificate rat such comprnsmiun and insurance have been provided. Such certificates shall specify the date when such extermination and insurance ave been provided. Such cmciftmta shall specify the date when such compenmuon and insurance expires. The Sally agrees that such compenrnam and imp e. shall be mainained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby nspmas the entire responsibility and liability for any and all damage, loss or injury of any kind or nature whatsoever to persons or propmy commit by ofu long from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hamtless the Pumbawr and any or all of the Poorhouse oMe,., agents and employers fro and against any and all claims, Inses, damages, charges or expenses, whether direct or indirect, and whether to person or property to which the Purchaser may be put or subject by rason of any act, action, neglect, omission or default on the pan of the Sella, any of his contmaors, or any of the Sellers or contractors officers, agents or emplayes. In case any suit or other proceedings shall be brought xt inl the Purchaser, or its officers, agents or employees at any time on account of by team. of any act, action, neglect. omission or defaull of the Sella of any of his connacmrs many of its or that officers, agents or employees as aforesaid, ale Seller hereby agree to assume f defense themor and to defend the aame at the Sellers own expense, m pay any and all ants, c ogns, amomeys tea and order I-Pances, any and all judgments that maybe incurred by or obtained against the Purchaser or any of its m that officers, agents or employees in such suits or other proceedmp, and in a e judgment or other lien be placed upon or obtained against the property of the Purchaser, or said Parties in or n a result of such suns or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving band or otherwise. The Sella and his contractors shall like all safety precommus. humid, 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 males and regulations issued pursuunuhereat. Revised 0712014