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HomeMy WebLinkAbout328717 ANKMAR DOOR INC - PURCHASE ORDER - 3215170Fort Collins Date: 01/12/2015 Vendor: 328717 ANKMAR DOOR INC 4200 MONACO ST DENVER CO 80216 PURCHASE ORDER PO Number Page 3215170 1of2 This number must appear on all invoices, packing slips and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 01/12/2015 Buyer: 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 PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity UOM Unit Price Extended Ordered Price r 2015 Blanket Order Water Utilities 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 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from sum and local taxes. Our Exemption Number is 11, NONN'AIVER. 98-04502. Federal Excise Tax Exemption Cenifiects of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions herwf. !allure or delay to Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, fail ore to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall act release due Seller of Goods Retained! . GOODS REJECTED due to failure to meet syecificaeurt, either when shipped or due to defers of any of the wvrannies, or obligations of this purchase order and shall tzar be deemed a waiver of my right of the damage in transit, may be returned to you for credit and we ant to be replaced except upon receipt of written parcharom - insist upon strict performance hereufor any ofits tuts or remedies a many such gods, regardlea instructions form the City of Fon Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any p rpredi oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Fort Call ins imyecmal on aniva. herwf. Final Acceprance. Receipt of the merchandise, smicim, or equipment in response to this order aan result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. amhorraed payment oa die pan of the City of Fort Collins. However, it is to be understand that FINAL Seller and due Purchaser recognize that in actual economic practice, overcharges resulting from Summit ACCEPTANCE Is dependent upon completion ofall applicable required inspection procedures. violations are in fact home by the Purchaser. Thandefioreforgood cause and as consideration for executing this purchase order. Ore Seller hereby assigns to the Purchaser any and all clams it may now have or hereafter Freight Terms. Shipments must he F O.B., City of Fort Collins, 700 Wood Sr, Fon Collins, CO 80522, unless acquired under federal or same antitnam laws for such overcharges relating an the particular goads or services otherwise specified on this order. If pemdssicn is now be prepay freight and charge separately, the original freight purchased or acquired by the Purchaur prominent o this purchase order. bill most accompany invoice. Additional charges for packing will tut 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. Permit. Seller shall procure at sellers sale cost all necessary permits, cenificass and licenses required by all applicable laws, regulations, ordinances and ules of the state, municipality, termer, or political subdivision where the work is performed, or required by any other duly constituted public maturity having jurisdiction over the work of vmdar. Seller further agrees to hold the City of Fort Collins hammers from and against ell liability and loss rtimed by them by reason of an amsened stab or elished violation of any such laws, regulations, ordinances, rules and accountants Authorization. All parties to this contmcr agree dot the representatives are, in face, bona fide and passes full and complete majority to bind sad Parries. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the leans and conditions oared herein set forth and any supplementary or additional terms 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 if you cannot make complete shipment to active on your promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached herein. No acts of the Purchasers including, without limitation, acceptanceof partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall haw, in addition to other legal and equitable canoeists. the option of placing this order elsewhere and holding rise 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 God, acts of civil or military authorities, governmental prionties, Ores, strikes, flood, epidemics, was or riots prowded than notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller fim received knowledge thereof In she event of my such delay, the date of delivery shall be extended for the pened equal to rise time actually low by reason of she delay. 1. 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 dawnpdors given, will be fit for the purposes intended, and Performed with the highest degree of care and competence in accordance with accryted maadards for work of a similar nature. The Seller agrees to hold the purchaser harmless form any loss damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cast to the purchaser, my defect or fault arising within one (1) year or within such longer period of time as may be pracnbed by law or by the terms of my applicable wormy provided by the Seller after the dent of acceptance of she good famished hereunder (acceptance not to be unroamnably delayed), resulting from impeaf an or defective work done or materials famished by the Seller. Acceptance or use of good by the Purchaser shall not constitute a waiver of any claim under this commonly Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing warranlies 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 Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes he the terms, other Em legal comas, including additions In or deletions from the quarnince originally ordered in the specifications or drawings, by verbal or wnttm change order. If any much change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaveir may in any time by wet en change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the putties as to my work or materials then in progress provided that the Purchaser shall not be liable for my clams for anticipated pros on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to my good which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller army of theirobligations as to my goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be soared within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrant that all goods sold hereunder shall have been produced, sold, delivered and famished in win compliance with all applicable laws and regulations to which the goods are subject. The Seller shall eanure and Mixer such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby underpriced herein by this reference. The Seller agrees ro indemnify and hold the Purchaser hamJess from all coos and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or curve, this order, or my monies due or to become due hereunder millout the prior written donserr of the other party, 10. TITLE. The Seller wacrans full, clear and wresoicted tide to the Purchaser for all equipment materials, and items famished in performance of this agrcemmt. free and clear of any and all lienx restnaions, saservations, security intern encumbrancer and claims urethan; 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs rise Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and she Seller thereafter indicates its inability or unwillingness to comply. the Purchaser may cause the work to ber performed by rise mot eapediuous means available to iL and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and clams of any nature resulting from the performance of mach work. This release shill apply even in the event of fault of negligence of the parry released and shall extend to she shrim rs, ofimers and employees of such patty. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such weak is peefmmed or caused m has performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark r copyright. me Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the ease of such xisenred design, device, material or process in wmw6. with the contac, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infrngement at any time during the prosecution or after the completion of rise work. In case said equipment, or my part thereof or the intended use of the goods, is in such suit held to constitute 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 using raid equipment or pars, replace the same with substantially equal but noninfringing equipment. or modify it so it becomes roninMnging. 15. INSOLVENCY. If the Seller shall became inwlvent or banluupL make an assignment for the benefit of creditors, appoint a receiver or trustee for my of the Sellers property or business, this order may foMwith M canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofterms used or the intemastanion of the agreement and the rights wall parties hereunder shall be dorrswed under and governed by the laws altar State of Colorado, USA. The following Additional Candlemas apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Reposemativerb), on the premises clamors 17, SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers awn risk coil the same is fully completed and accepted, and shall. in are of my accident, destruction or injury to the work andror materials before Sellers final completion and acceptance, complete the work ce Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same in the site and become responsible therefor as though such materials andor equipment were being famished by the Seller under rise order. 19. I,NSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, in it employees employed on or in connection with the work covered by this purchase order, unfair to their dependents in accordance with the laws of the state in which she work is to be done. The Seller shall also carry comprehensive general liability including, but not limited W. co rrybeed and aommoblo public liability inauranu with bodily injury and death limits of in least $300,001 for any one person, 5500,000 for my one accident and property damage limit per accident of MilQtlW. The Seller shall likewise require his if any, to provide for such compensation and insurance Before my of the Sellers or his contractors employees shall do my work upon the premises of others, dus Seller shall furnish the Purchaser with a <t er'me that such wmpmution and insurance have been provided. Such s atificates shall specify the rive when such compensation and insurance have been provided Such certificates shall specfy the time when such wmpmatlon and insurance expires. The Seller agrees that such compensation and insurance shall be maintained unrd after the 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 army kind or nature whasoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and my or all of the Purchasers officers, agents and employees from and against my and all claims, losses, damages, charges or expenses, whether direct or indirect and whether m persons or property to which the Purchaser may be put or subject by reason of my act, action, neglect. omission or defrall on the pan of the Seller, any of his command , or any of the Sellers or contractors offceq agents or employees. In case my suit or other proceedings shall be brought opium the Purchase, or is effects agents or employees at any time on account er by reason of my act, action, neglect, omission or default of the Seller of my of his contractars or any of its or their i fficars, M. or employees m aforesaid the Seller hereby agrees m assume the defense thereof and m defend the more in the Sellers own expanse, in pay my and all dons, charges, attorneys fees and other expense, my and all judgments that may be incurred by or obtained against the 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 patties in or as a result crunch suits 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 contraction; shall take all surgery preaatmons, furnish and instal all guard necessary for the prevmlion of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health An of 1970 and all rules and regulations issued Friction thereto. Revised O7n014