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HomeMy WebLinkAbout102537 C D FASTENERS INC - PURCHASE ORDER - 3215183Fort Collins Date: 01/12/2015 Vendor: 102537 C D FASTENERS INC 512 N LINK LN FORT COLLINS CO 80524-2738 PURCHASE ORDER PO Number Page 3215183 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 A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity UOM Unit Price Extended Ordered Prlre 1 2015 Blanket Order Fasteners 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 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. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Each Collins is exempt Earn state and local taxes. Our Exemption Number is 918 4502 Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1073. Chapter 39.I6, 114 (a). Goods Rejected. GOODS ELECTED due to failure a meet specifications, either when shipped or due to defects of damage in thwart, may be returned to you for credit and are not to be replaced except upon receipt of whiten instructions fmm the City of Fort Collins. Inspection. GOODS are subject ter the City of Fan Collins inspection on nowal. Final Acceptance. Receipt of the merchandise, servicurey or equipment in response to this order can r esult in suhonaed payment an the pan of the City of Fat Collins. However, it is to be understood thatFINAL ACCEPTANCE is dependent upon completion c all applicable required inspection procedures. Freight Terms. Shipments mum be F.O.B., City of Fort Collins, 700 Wood St, Fort Collins, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight bill must accomaanv invoice. Additional charges for oackine will not be accepted. Shipment Distance, Where manufacturers have dimbuting points in various part of the muntry, shipment is expected from the nearest distribution point to destination, and excess freight will be deduced from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers the con all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and Wes of the stare, municipality, mortuary or political subdivision More the work is performed, or required by any other duly comer mted public authority having jurisdiction over the 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 laws, regulations, ordinances, rules and requirements. Authoritarian. All parties to this contract agree thaz the representatives are, in fact, bona fide and possess full and complree muhonry to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions nand 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 an 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 hereto. No acts of the Purchasers including, without limitation, acceptance of pamal late deliveries, shall operate w a waver ofthis provision. In the event of any 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 ressonably foreareable Which are beyond its reasonable convol and without its fault of negligence, such acts of God, acts of civil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller Bon received knowledge thermf In the event of any such delay, the date of delivery shall be extended for the Period equal to the time actually lost by retain of the delay. 3. WARRANT'. 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 fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a imilar nature. The Seller ogees to hold the pnichuer harmless fmm any loss, damage m expnae which the Purchaser may suffer or in. an account of the Sellers breach of warranty. The Seller shall replace, repair m make good, without cost 0 the purchaser, any deficits or faults arizlng within one (I) year or within such longer period of time M may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or marenals famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waver of any claim Order this xarhnry. Except as otherwise prodded in this purchase order, the Sellers liability hereunder shall extend to all damages proximately causM by the breach of sty of the foregoing common or guarntces, 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 whom change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms. other than legal terms, including additions to or deletions from me quaran..x originally ordered in the specifications or convince, by verbal or written change order. If any such change affects die aunt due or the time of performhereunder,m ance an equitable adjustment shall be ado. 6. TERMINATIONS. The Purchaser may at any time by women change order, terminate this agreement M to any or all persons of the goods then not shipped, subject to my equitable adjustment between the pamc, as to any work or materialsthn in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted Fiction of the gads and/or work for ineidnW or consequential damages, and that n such adjustment be made in favor oldie Seller with respect many grads which, art the Sellers standard stock. No such armination shall relieve the Purchaser or the Seller army of heir obligations ar to sty goods delivered hereunder. q. CLAIMS FOR ADJUSTMENT. 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 warrants that all greeds sold hereunder shall have been produced sold, delivered and furnished in nrid compliance with all applicable laws and regulations to which me goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be ncomorated in agreements of this charrear are hereby incorporated herein by this reference. The Seller agms to indemnify and hold the Purchaser harmless from all posts and damages suffered by the Pachas,r M a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall resign, carafer, or convey this order, or sty monies due or to become due hereunder without me poor woman consent of the other prary. 10. TITLE. The Seller warrants full, clear and unrestricted tide to the Purchaser for all equipment matems, and items furnished in performance of this agreement, free and clear of any and all liens, resoictions, reservations, secunry interest encumbeances and claims of others. 11. NONWAIVER. Failure of the Purchaser to own 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, shell not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of my right of the purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless of when shipped, received or arecpted, as to any prior or subsequent default hereunder, we shall any purported oral modification or rescission of this purchase order by me Purchaser operate Or a waiver of any of the terms hereof 12, ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recaghice that in actual economic practice, overcharges reaching form woman violations she in Each home by the Purchaser. Theremfore.for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all cmM it may now have or hereafter acquired under federal or stare antiptm laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser dire. the Seller to conce nonconf rmting or ddmbe goods by a date ro be .,pox[ upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness an 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 axweiated with such work. The Seller shall release the Puretwor and its chruanors of any her from all liability and chits of any nature omph, from the performance of such work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, officers and employees of such parry. The Sellers contractual obligations, including warianry, shall not be deemed to be recucmk in any way, because such wore is preformed or caused rat be performed by she Purchaser. 14. PATENTS. Whenever the Seller is required to my any design, den ire, material or process covered by letter, front, trademark or copyright, the Seller shall indemnify and save hamdess the Purchaser from any and all claims for infringement by reason of the use of such pmnted design, device, marenal or process in connection with the contract, and shall indemnify the Purchaser for any con, expose or damage which it may he obliged or pay by reason of such infringement at any time during the prosecution or after the completion of the work. In cars, said equipment, or any pan 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, Ober prrcure for the Purchaser the right to continue using said equipment or pares. replace the same worth substantially equal but nonumparging equipment or modify it m it becomes mnlnfnaging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of crearms. appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by he Purchaser wihout liability. 16. GOVERNING LAW. The definitions of terms used or the immmetation of he agreement and the ngh s oral! putties hereunder shall be conserved under and governed by the laws of the State of Colorado, USA. The following Additional Conditins apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Repnewr utive(s), on the premises ofod ers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk toil the same is fully completed and accepted, and shall, in use of any accident, distraction or injury to the work and/or, materials before Sellers Mal completion and accepr urce, complete the work at Sellers own expense and by 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 trough such mmenals ardor equipment were being furnished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation including occupmimal do.. benefits, to its emplayms employed on m in correction with the work covered by his purchase orde, and/or in their dependents in accordance with rise laws of the state in which he work is to be done. The Seller shall also carry comprehensive general liability including, but not limited To, nnnattusl and automobile public liability insurance wore bodily injury and death limits of at least S300,W0 for any one person, $500,000 for my one accident and property damage limit per accident of S400,000. The Seller shall likewise except his concormirs. if any, to wevide for such compensation and insurance. Before any of he Sellers or his contractors employees shall do sty work upon the premises of others, the Seller shall fomish the Purchaser with a certificate not such compensation and insurance have been provided. Such certiticmo shall specify the dare who such compensation and insurance have been provided. Such certificates shall specify the time when such compensation and insurance expires. The Seller agrees that such ompensation and inurance shall be maintained until Other the come work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby aveumes me entire responsibility and liability for any and all damage, loss or injury of sty kind or nature whatsoever 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 any or all of the Purchasers officers, agents and employees from and against any and ill claims, losses, damages. charges or expenses, whether direct or indirect, and whether to persons or property ro whirl he Purchaser may be put or subject by reason of any act anion, neglect, omission or default on the putt of the Seller, sty of his contractors, or any of the Sellers or contractors officers, agents or employees. In case arty suit or other proceednge shall be brought against the pu¢h user, wits officers, agents or employees at any time on account or by reason of sty act, action, neglect, omission of default of the Seller of sty of his contractors or any of its or their officers, agents or employees as aforesaid the Seller hereby agrees or Mature the defense thereof and to defend the same at he Sellers own expose, to pay any and all mats, charges, aztomeys fees and other expose any and all judgments that may be incurred by or obtained option the Purchaer or sty of its or their iffice . agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the prefect, of the Purchaser, or said parties in or as a result of such suits or Ober proceedmgs, the Seller will at once cause the sane to be dissolvM and discharged by giving bond or ether ow, The Seller and his comment, shall take all safety precautions, furnish and install all guards necessary for be prevention of accidents, comply with ill hws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and ill rates and regulations issued pursuant thereto. Revised 072014