Loading...
HomeMy WebLinkAbout102697 LARIMER ELECTRIC MOTOR CO - PURCHASE ORDER - 3215239PO PURCHASE ORDER 321523er Page City. of 3215239 tofz ' `t( OI lI „s This number must appear ` V ` 1 1 on all invoices, packing sli s and labels. Date: 01/12/2015 Vendor: 102697 LARIMER ELECTRIC MOTOR CO 1808 E LINCOLN AVE FORT COLLINS CO 80524-4714 Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 01/12/2015 Buver: PAT JOHNSON Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity UOM Unit Price Extended Ordered Price 1 2015 Blanket Order Miscellanous Repair 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 4,000.00 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 L COMMERCIALDETAr15. Tax exemptions. By statute the City of Fort Collins is exempt from stage and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6o005S7 is re®stored with the Collector of ]normal Revenue, Denver, Colorado (Ref Colorado Revised Statistics 1973. Chapter.39-26. 114 (a). Goods Rejected. GOODS REJECTED due to failure re men s accificatims, either Am shipped or due to defects of damage in transit, may be terumal to you for credit and are not to be replaced except upon receipt of written instructions from the City affair Collins. Inspection. GOODS are subject to the City of Fon Collins inspection on rival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in authodmd payment on the pan of the City of Fort Collins. However, it is in be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terra. Shipments mug be F.O.B.. City of Fort Collins, 700 Wood St,, Fort Collins, CO 80522, woes otherwise specified oa this order. If permission is given 1. prepay freight and charge sapararely, the original freight bill must accompany invoice. Additional charges for packing will net be acceptant Shipment Distance. Where manufacturers have distributing points in variow parts of the country, shipment is expected from the newest distribution point to destination, and excess freight will be deduced from Invoice Am shipments are made from grearer distance. Permits. Seller shall procure at sellers sole cost all necessary permits, cenificates and licenses required by all applicable laws, regulations, ordinances and ml. of the state, municipality, territory or political subdivision where the work is performed, or required by any water duly constituted public aufonry having jurisdiction over ate work of vendor, Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such lawn, regulations, ordinances, rules and requirements. Authowastion. All parties to this contract agree that the representatives are, in fast, bona Gde and possess full and complete authority to bind said pages. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions steed herein set foM and my supplementary or additionil teats and mndimns annexed hereto or incorporated herein by refereme. Any additional or different ¢tots and conditions proposed by seller are obj sta l to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you ronumor make complete shipment to active on your promised delivery date as noted Time is of the essence. Delivery and performence most be effected within the time stated on the purchase order and the documents mashed hereto. No acts of the Purchasers including without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In 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, 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 acts of fend, acts of civil or military authonties, governmental prionties, fires, strikes, Flood epidemics, wars or hots 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 fermf In the event of my such delay, the are of delivery shall be extended for the period equal to the time actually log by reason of the delay. 3. WARRANTY. The Seller wavers that all good, aisles, materials and work covered by this order will conform with applicable drawings, specifications, samples major other descriptions given, will be fit for the purposes intended and performed with the highest degree of care and competence in accordance coif tempted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless fmm my lass, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warmenry. The Seller shill 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 he prescribed by law or by the terms of any applicable waanty provided by the Seller after the date of acceptance of the good furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or we of good by the Purchaser shall not constitute a waiver of any claim order fis warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits or less 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 term by women change order. S. CHANGES IN COMMERCIAL TERMS. The Purchases may make my changes to the terms, aater dim legal terms, including additions to or deletions from the countries originally ordered in the specificatrons, or drawings, by verbal o written change order. If my such change effects the amount due or the time of perfonnwce hereunder, an equitable adjustment shill he made. 6 TERMINATIONS. The Purchaser may in any time by written charge order, terminate this a,werni m as to any or all potions of the good then not shipped, subject to my equitable adjustment between the pries as to my work or materials dim in progress provided fat the Purchaser shall not be liable for my draw for anticipated profits on the uncompleted portion of the goods anchor work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to my goods which are the Sellers standard sawk. No such termination shall relieve the Purchaser or the Seller of my of their obligations as to any goods delivered hereunder. 1. CLAIMS FOR ADJUSTMENT. Any claim for adjustment mug be asserted within thirty (30) days fmm the dare the change or termination is ordered 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in gda compliance with all applicable laws and regulation to which the goods are subject. The Seller shill execture and deliver such documents as may be required to effect in evidence compliance, All laws cod regulations required to be incorporated in agreements of this character we hereby incerpomted herein by this reference. The Seller agrees to indemnify and hold me Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply Thoth such law. 9, ASSIGNMENT. Neither parry shall assip, transfer, or convey this order, or my monies due or to become due hereunder without the prior written consent of the other parry. 10. TITLE. The Seller wails full, clear and unrestricted tide to fe Purchaser for all equipment, ma ands, and items fomished in performance of this agreement free and clear of my and all liens, restrictions, reservations, security interest encumbrances and claims of ofers. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and tin horago hereof failme or delay to exercisy rights or remedies provided herein or by law, failure to promptly notify de Seller in the event of a breach, e the acceptance of or payment for goods hereunder or approvil of the design, shall not release the Seller of any of the warranties or obligations of this purchase order and shill not be deemed a waiver of my right of the purchaser to insist upon strict pedorromce hereof or my of its rights or remedies as to my such goods, regardless of when shipped, received or accepted, as to my prior or subsequent default hereunder, nor Shall my purposed od modification or rescission of this purchase order by the Purchaser operate as a waiver of my of the terms hereof 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and fe Purchaser recognim that in actual economic practice, overcharges resulting from antiwn violations are in fact home by the Purchaser. Theretofore, for rgood cause and as consideration for executing Nis purchase ordeq the Seller hereby assigns m the Purchaser my and all claims it may now have or hereafter acquired order faded or state women laps for such overcharges relating to the particular goods or servrees purchased or acquired by the Purchaser pursumno gas purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchases directs the Seller to coney nonconforming or defective goads by a dare to be speed upon by the Purchaser and the Seller, and the Seller recreation indicates its inability or unwillingness to comply, the Purchases may cause the work to he performed by the most expeditious mews available to it, and the Seller shall pay all rusts associated with such work. The Seller shall release the Purchaser and its connectors of my tier from all liability and claims of my nature resulting from the performance of such work. This release shill apply even in ate event of fault of negligence of the perry released and shall extend to the directors, officers and employees of such party. The Sellers contractual obligations, including waanry, shall not be deemed to be reduced in coy way, because such work is performed or catuM to be performed by the Purchaser. 14. PATENTSor . Whoeverthe Seller errequirede nifandmipt,device, mazedaiorprocess my by lever, patent,trademark copyright, the Seller shall indemnify and save hanlass the Purchaser fmm wY and all claims for infringement by reason oftithe use of such patmred design, device. materiel or process in a obliged t with the contract, and shall indemnify the Purchaser for coy cost, expense or damage which it maybe obliged to pay by reason of such infringement at coy time tended the prosecution s, after is suit ein of the work. fr case said and the me or say pan peen r an intended use he the goods, is in such suit held m institute infringement and the are hof e said equipment or pan is enjoined, the Seller shall, nt its own expense tote at its option, either procure for the Purchaser the quip a continue using said equipment in part, replace the same coif substantially goal but noninfringing equipment, or modify it an it becomes naninMnging. 15. INSOLVENCY. If the Seller slid] become insolvent or bmkmpL make m assignment for me bereft of creditors, appoint a receiver or trustee for my of the Sellers property or business, this order may foMwith be canceled by the Purchaser without liability. 16. GOVERNING . LAW The definitions of terms used or the interpretation off, agreeing and the rights of all parties hereunder shill be construed order and governed by the laws of the Some of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Represntative(s), on the premises of ofers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work w Sellers own risk until the some is fully completed and accepted, and shall, in e of my accident, destruction or injury to the work bodkin materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When mamixls and equipment are furnished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same st the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller order the order. 18. INSURANCE. The Seller shill, at his own expense, provide for the payment of workers compensmion, including occupational disease hnefigs, an its employees employed on or in coa«tion coif the work covered by this purchase order, adbr to their depndnts in mirdance wich the laws of Ne site in which the work is io be done. The Seller shall also carry comprehensive general liability including, but not limited an. mounted and automobile public liability insurance with bodily injury and death limits of at least 5300,00tr for any one person, $500,000 for my one incident and property damage limit Per accident of SaW.M. The Seller shall likewise require his contractors, if any, to provide for such con,wassamor and insurance Before my of the Sellers or his contractors employees shall do my work upon the premises of ofers, the Seller shall furnish the Purchaser coif a cenifcate fat such compensation and insurance have been provided. Such cenificates shall specify the date whir such compensation and insurance have ben provided. Such cenificates shall specify the date Am such compensation and insurance expires. The Seller agrees thin such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby azsumes the entire responsibility and liability for my and ail damage, loss or injury of my kind r nature whomever to persons or property caused by or resulting from the execution of the work provided for in this purchsse order or in connection herewith. The Seller will indemnify and hold hamdew the Purchaser and any or all of rate Parcheaws officers, ages and employees favor and against my and all claims, lossm, damages. charges or expenses, whether direct or indirect, and whether to Persons or property in which the Purchaser may In, put or subject by reason of my act, action, regent. omission or default or the pa of the Seller, my of his contractors, or my of the Sellers or commission officers, agents or employing. In pass, my suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employes m my time an miunt or by reason of my act, action, neglect, omission or default of the Seller of my of his contractors or my of its or their officers, agents or employees as sf resaw, the Seller hereby agrees a assume the defense thereof and to defend the same at the Sellers own expense, to pay my and all vests, charges, attorneys fees and fifer expenses, my and all judgments that may be incurred by or obtained against die Purchaser or my of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said ponies in or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller sad his contractors shall take all safety precautions, (dmish and install all guard necessary for the prevention of accidents, comply with all laws and regulations wit regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised OM014