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HomeMy WebLinkAbout116813 INTERWEST SAFETY SUPPLY INC - PURCHASE ORDER - 3215144PURCHASE ORDER PO Number Page rClt�/ of PURCHASE 3215144 ' of z ' `tCollins( This number must appear V ` on all invoices, packing 11*�� sli s and labels. Date: 01/12/2015 Vendor: 116813 INTERWEST SAFETY SUPPLY INC 195 S NAVAJO ST DENVER CO 80223-1748 Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS CO 80524 Delivery Date: 01/12/2015 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price i 2015 MISC SUPPLIES 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 Total $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 L COMMERCIALDETAILS. Taxexemptions. By statute the City of Fors Collins is exempt from state and local taxes. Our Exemption Number is 11. NONW AI VER. 98-W502. Federal Excise Tax Exemption Cenificam of Registry 84fi000587 is registered with the Collector of Failure of the Purchaser to insist upon mitt performance of Ne terms and conditions hermf, failure or delay to Internal Revenue, Drover, Colorado (Ref Colorado Revised Statutes 1993. Chapter 39-26, 114 (a). exercise rev rights or remedies provided herein or by law, failure m promptly uses Me Seller in the event of a breach, the acceptance of or payment for goods hereunder or appmyai of the design, shall not release the Seller of Goods Rejened. GOODS REJECTED due to failure m men specifications, either when shipped or due to defects of any of she warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be returned to you for credit and are trot to be replaced except upon receipt of writer purchaser to insist upon toes performance hermf or any of its nght, or remedies w to any such goods, regardless instmctions from the City of Fort Collins of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purporsed oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject o the City of Fors Collins inspection on wryest, hermf Final Acceptance. Receipt of she merchandise, services or equipment in response to his order can result in 12. ASSIGNMENT OF A\TITRUSTCLAIMS. commenced payment on the pan of the City of Fan Collins. However, is is a be understood the FINAL Seller and me Purchaser meopiae that in actual economic practice, overehages resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection proceduresviolations are in fact dome by me Purchaser Theretofore. for good cause and as 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 most be F.0 B., City of Fort Collins. 7W Wood St, ran Collins. CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. If pemussion is given or prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must arcompmY invoice. Additional charges for packing will runt be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have domibuung points in spriefy pasts of the country, shipment is If the Purchaser directs the Seller to cortmt nonconforming or defective goods by a&te a be agreed upon by go expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Sellep and the Seller thereafter indicates its inability or unwillingness to comply, me Purchaser shipments are made from greater distancemay cause the work to be performed by the most expeditious means available to it and the Seller shall pay all dw. associated with such work. Permits. Seller shall procure at sellers tale cost all necessary, permits, certificates and licenses resigned by all applicable laws, regulations, ordinances and ales of the stare, municipality, territory, or political subdivision where she work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor, Seller further agrees to hold the City of For Collins handless from and against all liability and loss incurred by them by reason of an assents or established violation of any such laws, regulations, ordinances, rules ad requirements. AuJsori etion. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS, This Purchase Order expressly limits aweptance to the rem¢ and renditions eased herein set foM and any supplementary, or additional terms and conditions annexed here , or incorsorated herein by reference. Any accurate m dlfferenl coma and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY, PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to move on your promised delivery date as noted. Time is of the essence Delivery and performance most be effected within the time stared on the purchase order and me documents ata<hed hereto. No acts of the Purchasers scheme, without limitation, acceptance offered late deliveries, she[ Operate as a waiver of mis provision. In the event army delay. the Purchaser shell have, in addition to other legal and equitable remedies, the pum. ofplacing this Order elsewhere and holding she Seller liable for damages. However, the Seller shall not be liable for damages is a result of delays due to causes not reasonably foreseeable which me beyond its reasonable control and without its fault of negligence, such acts of God, acts of civil or military i uahonties, governmental priodties, foes, sablow, Rood epidemics, wars or hots provided that nonce of me conditions causing such delay is given to the Pnmhaser within five (5) days of me time when the Seller first received knowledge whereof In the event of any such delay, the date of delivery shall be exaended for the period equal to the time actually lost by on. of the delay. 3. WARRAIsT'. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, dimples and/or alter descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and compensate in accordance with accepted stmdard for work of a similar aware. The Seller agrees to hold me purchaser harmless from my loss, damage or expense which duePurchaser may suffer or incur on account of the Sellers breach of wwmry. rThe Seller shall replace, repay or make good, without cost to line purchaser, my defects or faults raising within one (p year or within such longer period of time as may be prescribed by law or by the terms of my applicable womanly provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by she Seller. Acceptance or use of good by the Purchaser shall not constitute a waiver of my claim under this warrars, Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend mall damages proximately caused by the breach of my of the foregoing warranucs or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY` OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchase, may make changes to legal terms by wet yen change order, 5. CHANGES IN COMMERCIAL TERMS. The Purebaser may make any changes to the terms, other then legal tams, including additions to or deletions from Me qum mO originally ordered in the specifications or drawing, by verbal or wnnm change order If my such change affects the amount due or rue time ofperfotmmes hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by vac en change order, terminate this agreement as to my or all portions of the ,.it, then not shipped, subject to any equitable adjustment between the ponies as to any work or materials then in progress provided the the Purchaser shall not be liable for any claims for anticipated profits an the uncompleted portion of the good and/or work, for i.ndenW or commitments damages, and that no such adjustment be made in favor of she Seller wth testator of my good which are she Sellers standard stock. No such termination shall relieve me Purchaser or the Seller of my of their obligations as to my gods delivered hereunder. V. CLAIMS FOR ADJUSTIvi Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller wamant, that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance wits all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as maybe required to effector evidence compliance. All laws and regulations required to be ncorpomtelin agreements of this character are hereby incorporated herein by mis reference. The Seller agrees to indemnify and hold the Purchaser harmless 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 e5ipr, transfer, or convey Nis order, or my monies due or to become due hereunder wines the prior written consent of the other parry. 10. TTTLE. The Seller warrants full, clew and unmsvicrd tide m she Purchaser for all equipment materials, and items famished in performance of this agreement free and clear of my and all liens, restrictions, reservations, security interest encumbrances and claims winbers. The Seller shall release the Purchaser and its contractors of any tier tram all liability and claims of any nature resign, from the 'iffer ante of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees of such parry. The Seller's contractual obligations, Including worries, 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 Seller is required to use any design, device, marmot or process covered by letter, parent trademark or copyright the Seller shall indemnify and save harmless the Purchaser from my and all claims for infringement by reason of the use of such patented design, device, movie or process in connection with she contract, and shall indemnify the Purchaser for any cog, expense or damage which it may be obliged to pay by reason of such infringement at my time during the prosecution or after the completion of the work. In case said equipment. or my pan thereof or the intended use of she good, is in such suit held to constitute infringement and the use of sad esuipmem or pan is enjoined, the Seller shall, at its own expense and as its op.m. aster p.tire for she Package due right of continue using said egwpmmt or parts, replace the same with subganualy equal but nonin6inging equipment or modify it so it becomes scrimmaging. 15.INSOLVENCY. If me Seller shall become insolvent or bmkmps, make an assignment for Me benefit of creditors, appoint a receiver or trustee for my of the Sellers property or business, this order may forthwith be canceled by the purchaser without liability. 16. GOVERNING LAW. The definitions orients used or she in empormon of the agreement and to, rights of all parties hereunder shall be construed under and govemed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where me Seller is to perform work hereunder, including the sciences of Sellers Rx,c emaawe(s), on the premises of aide s, 17. SELLERS RESPONSIBILITY. The Seller shall tarty on said work at Sellers awn risk until the same is fully completed and accepted and shall, in e of my evident, devrminer or injury to the work enter materials before Seller's final completion and cceprowe, complete the work at Seller's own expense and m the growling of the Purchaser, Whom maamels and equipment are famished by others for installation or erection by me Seller, due Seller shall receive, unload, more and handle same as the site and become responsible therefor as though such mmnials andOr gnprnenr were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, in his own expense, provide far me payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, anchor to their dependnns in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive 8meral liability including but not limited a, coao-amual and automobile public liability insurance wills bodily injury and death limits arm least S3W.W0 for my one person, S504UUo for my one accident and property damage limit per accident of S4Oo,o0o. The Seller shall likewise require his contrawors, if my, to provide for such compensation and insurance. Before my of she Sellers or his contractors employees shall do my work upon me premises of others, the Seller shall furnish me Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the dale when such ompensaaion and insurance have been provided. Such reactivates shall specify the date when such compensation and insurance expires. The Seller agrees the such wmpensarion and insurance shall he maintain d wail after de entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for my and all damage, loss or injury of my kind or nasure whatsoever to persons or property caused by or resulting from the execution of fire work provided for in this purchase order or in connection herewiN. The Seller will indemnify and hold haemless the purchaser and my or all of the Purchasers officers, agents and employees Two and against my and all clams, losses, damages, charges or expenses, whether direct or indirect and whether to persons or pmperry m which the Purchaser may be pia or subject by reason of my act ac.w. neglect enion a or default on the pan of be Seller, any of his contractors, or my of the Sellers or contractors officers, agents or employees. In case my suit or most proceedings shall be brought against he Purchaser, or its officers, agents or employees at my time on account or by reason of my act, action, neglect, omission or default of the Seller of any of his contractors or my of its or their officers, agents or employees as aforesaid the Seller hereby agrees m assume the defense thereby and to defend she same a the Sellers own expense, to pay my and all costs, charges, avomeys fees and other expenses, my and all judgment, that may be, incurred by or obtained against she Purchaser or my of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lim he placed upon or obtained against the property of the Purchaser, or said ponies in or m a result of such miss or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and favors all guards necessary for the prevemion of accidents, comply with all laws and regulations wire regard to safety including, but without limitation, she Occupmional Safety and HeaN An of 19]0 and all rules and regulations issued pursumt therem. Raised 07=4