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HomeMy WebLinkAbout125947 BATTERIES PLUS - PURCHASE ORDER - 3215176PO PURCHASE ORDER 321517er Page City of PURCHASE 15176 1012 ' `F6rt CollinsI on all invoices, pacst king V on all invoices, packing �slips;nd labels. Date: 01/12/2015 Vendor: 125947 BATTERIES PLUS 1107 WEST DRAKE ROAD SUITE E-3 FORT COLLINS CO 80526-2419 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 i 2015 Blanket Order 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 12,000.00 Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80622-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIALDEfA1LS. Tax exemption. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Cetificate of Registry 84-6000587 is registered with the Collector of Intemal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 fie). Goods Rejected. GOODS REJECTED due to failure or men specifications, either when shipped or due to defects of damage in transit may be retuned to you for credit and we not a be replaced except upon receipt of written instructions from the City of Fan Collins. Inspection. GOODS are subject 10 the City affair Collins inspection oa arrival, Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can r esult in tormented!tormented!payment on the pan of the City of For Collins. However, it is to be undemoo thatFINAL ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. Freight Terms. Shipments must be F.0 B., City of Fog Collins, 700 Wood St, Fort Collins, CO 80522, unless otherwise specified on this order. If emission is given to prepay freight and charge separately, the anginal freight bill must accompany invoice. Additional charges for packing will met be wrimied. Shipment Distance. Where manufacturers have distributing paints in various pans of the country, shipment is expected from the nearest distribution Point t0 destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shill procure at sellers sole cost all necessary permits, catifiewc, and licenses required by all applicable laws, regulations, ordinances and roles of me mace, municipality, teniwry or political subdivision wince the work is perforated, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins hamdess form and against all liability and loss incurred by them by crown of an zssened or oteblimed violation of my such laws, r timiom, ordinances, cola ansrcquiremmn. Authonution. All parties to this contract agree Nat 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 acceptance to the renrrs and conditions stated herein set forth and my supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and condition proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot moo, complete shipment or amve on your promised delivery cave as mono. Time is of the armce. Delivery and performance most be effected within the time surged on the purchase order and the documents coached hereto. No acts of the Purchasers includin& without limitation, acceptance of fsrtial late deliveries, shall operate as a waver of this provision. In the event of any delay, the Purchaser shill have, in addition to other legal and equitable remedies, me 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 in reasonable control and unread its fault of negligence, such war official, acts of civil or military, romantics. govemmmtal priorities, fires, sakes, flood epidemic, wars or riots provided Nat notice of the conditions causing such delay is given to me Purchaser within five (5) days of the time when the Seller Erst received knowledge thereof In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. I. WARRANTY. The Seller watmn that all goods, arsicles, materials and .,it coveted by this order will conform with applicable drawings, specifications, samples making other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with worried sandards for work of a - antr nature. The Seller agrees to hold the purchaser harmless from my loss, damage or expense which the Purchaser may suffer or mom on account of the Sellers breach of wanmry. The Seller shall replace, repair or make good, without cost to the purchaser, my defects or faulty againg within one (1) year or within surh longer Period of time as may be pracnbed by law or by the terms of my applicable wananry provided by the Seller after the time of acceptance ofthe goods pointed legroom (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or mated als famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this owning. Except as otherwise provided in this purchase order, the Sellers liability hereunder shill extend to all damages proximately owned by the breach of my of the foregoing wanmtia or guarantees, ben such liability shill in no event include loss of profits or loss of rase. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The purchaser may make chragos to legal terns by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes to the terms, other than legal terms, including additions to or deletions from me quantities originally ordered in me specifications or drawings, by verbal or wnnen change order. If any such change affects the amount due or the nine of performance hereunder, an equitable adjustment shill be moe. 6. TERMINATIONS. The Purchaser may at my into by written change order, terminate Shis agreement as to any or all ponions of the goods then not shipped, subject to my equitable adjusmment between the parries as to my work or materials then in progress provided that me Proposer shall not be liable for my claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment Ee made in favor of the Seller with respect to my goods which are She Sellers standard stock. No such termination shall relieve me Purchaser or the Seller of my of their obligations as to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT, Any claim for adjustment mum be asserted within Shim (o) days fmm the date 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 famished in stria compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such dacumms as may be required to effector evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser haggles from all corns and damages suffered by the Purchaser as a coach of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shill assign transfer, or convey this order, or my monies due or no become due hereunder without the prior wrinm or of the other Fags. 10. TITLE. The Seller warrants full, clear and unrestrino title to the Purchaser for all equipment, materials, and items furnished in performance of this agreement free and clew of my and ill liens, restrictions, reservations, secudry inteaa r mcugn ar bmand claims of others. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof. Failure or delay to exercise any rights or remedies provided herein or by law, failure 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 not release me Seller Of my of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser a mind upon son performance hereof or any Of us rights or remedies as by any such goods, regardless of when shipped, received or accepted, as to my prior or subsequent default hereunder, nor shill my puryoned oral modification or rescission of this purchase order by the Purchaser operant as a waiver of my of the terms hereof 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and me Purchaser woupin that in actual economic practice, overcharges resulting from antitrust violations are in feat home by the Purchaser. Theretofore, forgoodcause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser my and all claims it may now have or hereafter acquired under federal or state antitrng laws for such overcharges relating to the particular goods or services purchased or acquired by me Purchaser pwzumt to this purchase order. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to torten nonconforming or defective goods by a dame to be agreed upon by me Purchaser and the Seller, and the Seller thereafter indicates its inability Or mayor llm,mw 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 toss csmximo with such work. The Seller shall release the Purchaser and its contractors of my tier from all liability and claims of any nature salting from the performance crouch work. This release shall apply even in the event of fault of negligence of me parry released and shall extend to the directors, oRcers and employees ofsuch parry. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in my way, because such work is performed or caused to he performed by the Purchaser. 14. PATENTS. Whenever me Seller is required to gse my design, device, material or process coma vered 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 me use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for my con, 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 wa& In more said equipment or my pan thereof or the intended use of the goods, is in such stir held to conmitute infringement and the use of said equipment or pan is enjoined, the Seller shall, m its own expense and at its ophan, either procure for the Purchaser the right to continue using said equipment or parts, replace She same with substantially equal but noninfringing equipment, or modify it so it becomes noatinfi ngng. IS. INSOLVENCY. If the Seller shall become insolvent or bankrupt make an assignment for the benefit of creditors, appoint a receiver ar cusice for my of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of names used or the interpretation of the agreement and the rights of all Parties hereunder shall he came mil under and goveined by the laws of the Suter of Colorado. USA The fallowing Additional Conditions apply only in cases where me Seller is to perform work hereunder, including She services of Sellers Repraentative(s), on the premises of others. IT SELLERS RESPONSIBILITY. The Seller shall arty on said work in Sellers awn ask until me same is fully completed and accepted, and shall. in e of any accident destruction or injury to the work and/or maim ads before Seller's flat completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment are famisho by others for installation or motion N the Seller, the Seller shall receive, unload, some and handle same in the site and became responsible therefor as though such marenals and/or equitation were being famished by the Seller Order me order, IS. INSURANCE. The Seller shall, at his own expense, provde 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 a their dependents in accordance with the laws of the stare in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least $300,000 for any one person, 5500,000 for any one accident and propegs damage limit per accident of S400J100. The Seller shall likewise require his contractors, if now. to provide for such compensation and insurance. Before my of the Sellers or his contractors employees shill do my work upon the premises of others, the Seller shall famish the Purchaer with a certificate that such compensation and insurance have been provided. Such = n firmes shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained soul after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby commis the entire responsibility and liability for any and all damage, loss or injury army kind or nature whatsoever to persons or property caused by or resulting from the execution of me work provided for in his purchase order or in connection herewith. The Seller will indemnify and hold harmless me Purchaser and my or all Of the Purchaers officers, agents and employees from and agvost my and all claims, losses, damages. charges or expenses. whether direct or inthrect and wbeNer 10 persons o1 proven to which the purchaser may be put or subject by reason of my act action, neglect, omission or default on the pan of the Seller, my Of his ontractem, or my of the Sellers or contractors officers, agents or employees. In Came my suit Or other proceedings shall be brought agximl the Purchaser, or its officers, agents or employees at my time on account or by reason of my an, action, neglect, omission or deault of the Seller of any of his contractors or my of its or their othcam, agents or employees as aforesaid, the Seller hereby ogres or assume the defense thereof and in defend the same al the Sellers man expense, to pay any and all costs, charges, anamrys fees and other expenses, my and all judgments that may be incurred by or obtained against the Purchaser or my of its or their officers, agents or employee in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against due property of the Purchaser. or said parties in or as a result of such stirs or other pre cr omp, the Seller will ar once cause Ne same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take ail safety precsunons, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limimtion, the Occupational Safety and Health An of 1970 and all miles and regulations issued pursuant thereto. Revised 07n014