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HomeMy WebLinkAbout321262 CLAY'S ACE HARDWARE - PURCHASE ORDER - 3215188Fort Collins Date: 01/12/2015 Vendor: 321262 CLAY'S ACE HARDWARE 1001 E HARMONY RD UNIT B FORT COLLINS CO 80525 PURCHASE ORDER PO Number Page 3215188 1o12 This number must appear on all invoices, packing slips. labels. 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 uuanuty UOM Unit Price Extended Ordered Price 1 2015 Blanket Order Misc. items 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 L COM.\ThRCIALDETAHS_ Tax exemptions. By statute the City ofFort Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Cenificare of Registry 84-w00587 is registered with the Collector of Internal Revenue. Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 1141a1. Lmod Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit may No retumM , you for credit and are not , No replaced except upon receipt of wrinen instructions from the City of Fon Collins. Inspection. GOODS are subject to the Ciry of fon Collins inspection on arrival. Final Acceptance. Receipt of the m,retandise, severe, or equipment in response to this order ran result in authored payment on the pan of the City of Fad Collins. However, it is , be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Tents. Shipments in. be F.O.B., Co, of Fiat Collins, 900 Wood St, Fort Collins, CO 80522. units, otherwise specified on this order If permission is given to prepay freight and charge separately. the original freight bill most accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have dimibudng points in various pans of the country, shipment is expected from the moment distribution paint to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, termory or political subdivision where the work is performed, or required by any other duly commorded public authority having jurisdiction over the work of vendor. Seller fuller agrees to hold the City of ran Collins hamdess from and against of liability and loss aused by them by reason ofam amended or established violation of my such laws, regulation, ordinances, rules nd requirements. Authoneation. All parties to this contract agree that the representatives are, in fact, bona title and possess full and complete audsry to bind said games. LIWTATION OF TERNS. This Purchase Order expressly limits acceptance to the to. and wndtimms soared herein 5. fonh and my supplementary or additional terms and conditions annexed he,. or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE AD\TSE PURCHASING AGENT immediately if you combat make complete shipment to arrive on your promised delivery date . noted. Time is of the indent. Delivery and performance onus be effected within the time stated on the purchase order and the documents mached herein. No acts of the Purchasers including, without limitation, acceptance of partial sae deliveries, shop operations a waiver of this provision. In the event of any delay. the Purchaser shun 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 u a result of delays due to causes not treasonably foreseeable which are beyond its reasonable control and without its fault ofnegligerce, such acts of God, acts of civil or military authorities, govemmmtd prionties, fires, strikes, food, epidemics, wars or noes 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 therm[ In the event of any such delay, the date of delivery shall be extended for the peril equal w the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples md/or other descriptors given, will be fit for the purposes intended, and performed with the highest degree of care and Competence in accordance with accepted mmdard for work of a imilar ready. The Seller We. , hold the purchaser harmless firm any loss, damage or expanse which the purchaser may suffer or incur on account of the Sellers breach of worrmry. The Seller shall replace, repair or make good, with sod cost to the purchaser, my defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms of my applicable wananry provided by the Sol let after the time of acceptance of the goods famished hereunder (acuptudec not to be unreasonably delayed), resulting from imperfect or defective .,it done ar matelots fumished by the Seller. Acceptance or use of goods by the Purchases shall not mission, a waver of my claim under this wormy. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend will damages proximately caused by the breach of my of the foregoing warranties or guarantees, but such liability shall In no event Include lass 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 charges to legal terms by worried change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any charges to the terms, other that legal tomes, refusing additions to or deletions from the mention ongmNly ordered in dre apecilcarions or drawings, by —daal or wont change order. If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may many time by wnum change order terminate am agreement as to my or all ponisof the d than goonot shipped, subject to my equitable adjustment between the parties ies u my work or materialsthen in progress provided Nat the Purchaser shill not be liable for my claims for anticipated profits on the uncompletd portion of the good and/or 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 stack. No such termination shall relieve the Purchaser or the Seller of my of their obligations as to my good delivered hereunder. 9. CLAIMS FOR ADTUSnEENT. Any drum for adjustment mum be assured within thirty (30) days from the date the change or termination is ordered 8. COMPLIANCE WITH LAW. no Sella warrnts that all goods sold hereunder shall have bxa pr chatoL said, delivered and fumished is son compliance with all applicable laws and regulations , which the good are subject. The Seller shill execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be ncorperrated in agreements of this character are hereby mempaated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harml.s from all ass and damages suffered by the Purchaser u a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shot assign, transfer, or convey this order, or my monies due or to become due hereunder without the prior women consent of the order parry. it, TILE. The Seller west, full, clear and u immicted title to the Purchaser for all equipment materials, and items Famished in perfarmmce of this agreement, free and clear of my and all liens, restrictions, reservations, security interest encumbrances and claims of others. I I. NONM1VAIVER. Failure of the Purchaser to insist upon strict performanu of the terms and conditions hereef, failure or delay to y rights or remedies provided herein or by law, falure to promptly notify the Seller is the event of a breacq anthe acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon suits performance hereof or any of Its rights or romantics u to any such goods, regardless of when shipped, received or recopied, as to my prior or substandard default hereunder, nor shall any perponed oral modification or rescission of this purchase order by the Purchaser operate as a waiver of my of the terms hero[ 12. ASSIGN, IST OF ANTITRUSTCLAIMS. Seller and the Purchaser recognize that in actual eco is practice, overcharges resulting from antitrust violations are in fact dome by the Purchaser. Theretofore,nfar good cause and . 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 mthmm laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuanuo this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work in be performed by the nos eclavomo. means available to it and the Seller shall pay all cons ormamo red with such work. The Seller shall release the Purchaser and its contractors of my tier from all liability and claims of my nature resulting from the performance of such work. This release shill 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 warranty, shall not be deemed to be reduced in any way, because such work is performed or caused toed performed by the Purchaser. 14. PATENTS. Whenever the ase Seller is required to use my design, device, mdal or process covered by ateq patent trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from my and all claims for infringement by reason of the we of such patented design, device, maenal or process in connection with the contract, and shall indemnify the Purchaser for my cost, expense or damage which it may be obliged to pay by reason clinch infringement at my time during the prosecution or afar the completion of the work. In came said equipment or my 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, either procure for the Purchaser the right to continue using said equipment or pas, replace the same with substantially equal but noninffdgng equipment or modify it or it becomes mninMnging. 15. INSOLVENCY. If the Seller shall become insolvent or bmkmpt make an azsighmem for the benefit of creditors, appoint a roxviver 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 of terms used or the interpretation of the agreement and the rights of all parties hereunder shun be ommad! under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is in perform work Formation, including the services of Sellers Repr.entztive(s), on the premses ofothas 17, SELLERS RESPONSIBILITY. The Seller shall tarty an said .,it at Sellers own .,it .,it the same is Cully completed and accepoed, and shall, in cue of my accident, destruction or injury to the work and/or mzmdds before Sellers final completion and acceptance, complete the work at Sellers own expense and , the aadsacfipn of the Purchaser. When materials and equipment are fumished by others for installation or erection by the Seller, the Seiler shall receive, unload store and handle same at the site and become responsible therefor as though such materials mid/or equipment were being fumished by due Seller under the order. I8. INSURANCE. The Seller shill, at his awn expense, provide for the payment of workers compensation, including occupational disease benefits, , its employees employed on or in connection with the work covered by this purchase order, mNor to their dependents in mcmdmes with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited,, contractual and awadvid le public Iiabiliry insurance win bodily injury and dealt limits of at least standard for any one person, S500.00) for any one accident and property damage limit per accident of S400.000. The Seller shall likewise require his contractor, if my, to provide for such compentrason and insurance. Before my of the Sellers or his contractor, employees shall do my wank upon the premises of others, the Seller shall furnish the purchaser with a comfeate that such compmeation and insurance have been provided. Such mrdfimtes shall specify the data whom such compensation and insurance have been provided. Such cenificates, shall specify the date when such compensation and insurance expires. The Seller agrees that such continuation and insurance shall be maintained =61 after the entire work is completed and accepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby remain the more responsibility and liability for my and all damage, loss or injury of my kind or nature whatsoever to persons or property caused by or reaulong from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold parodies the Purchaser and my or all of the Purchasers officer, agents and employees from and against any and all claims, losses, damages, changes or expenses, whether direct or indirect and whether to persons or property to which the Purchaser may be put or subject by reason of my tit action, neglect omission or defmlt on the pan of the Seller, my of his convazwrs, or my of the Sellers or comnaors officers, agents or employees. In case my suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at arty nine an account or by reason of any act, action, neglect, omission or default of the Seller of my of his contractors or any of its or their officer, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same a the Sellers own expense, w pay any and all wort, charges, aomays fees and other expenses, my and all judgments dot may N incurred by or obtained against the Purchaser or my of its or their officers. agms or employees in such suits or other proceedings, and in case judgment or other lice be 'laws! upon or obtained against the property of the Purchaser, or said parties 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 and his comments shill take all safety precautions, furnish and install all guard necessary for the prevention of accidents, comply with ill laws and regulations with regard to safety including but without limitation, the Occupational Safety and Health Act of 1970 and all adds and regmasors, issued pursuant there,. Revised OM014