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HomeMy WebLinkAbout102563 C P S DISTRIBUTORS INC - PURCHASE ORDER - 3215195Fort Collins Date: 01/12/2015 Vendor: 102563 C P S DISTRIBUTORS INC 211 N SUMMIT VIEW DR FORT COLLINS CO 80524-1403 PURCHASE ORDER PO Number Page 3215195 1012 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 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 Price 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 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 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fon Collins is exempt from sate and local taxes. Our Exemption Number is 98T-04502. Federal Excise Tax Exemption Certificate of Registry SY6000587 is registered with the Collector of Internal Revenue, DmvT,. Colorado (Ref Colorado Revised Statutes 1973, Chapter 39 26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet Wonficaame, either when shipped or due of defects of damage in trmei4 may be rammed r0 you for credit and we not to be replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS ate subject m The Ciry aBFon Collins ineWcuon on anival. Final Acceptance. Receipt of the merchandise, services r equipment in response to this order can result in authorized payment on the pan of the City of Fort Collins. However, it is to be understood mat FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipmos mind be F.O B., City of Fort Collins, 700 Wood Sr. Fen Collins, CO 80522, mules, otherwise speaified on This order. If pamisslon is given to prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have dimibuting points in various parts of the country, shipment is expected from The mamma distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Pemrlts. Seller shall procure at sellers able cost all necessary Fern ia, cmirrates and licenses required by all applicable haws, regulations, ordinances and roles of The state, municipality, territory or political subdivision where The work is performed, oran required by y offer duly constituted public authority having j unsdiction over me work of vendor. Seller number agrees to hold The Gry of Fort Collins hamdess from and against all liability and loss incurred by them by reason of an asserted or emabllshed violation of my such laws, regulations, ordinances, mom arequirements. 11. NONWAIVER. Failure of the Purchaser to union upon snip performance of me terms and conditions hereof, failure or delay to any rights or remedies provided herein or by law, failure to to promptly notify the Seller in de exam of a breach, acceptance ofor payment for goods hereunder or approval of the design, shill not release the Seller of any of The warranties or obligations of this purchase order and shall not be deemed a waiver of any n'o of The purchaser To insist upon strict performance hereof or any of its rights or remedies of to any such goods, regardless of when shipped, received or accepted, for to my prior or subsequent default hereunder, nor shall my puryoned oral modification or rescission of This purchase order by the Purchaser operate . a waiver of my of The is. hereof 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and The Purchaser recognize that in actual enc practice, overcharges resulting from mtitrust violations are in fact home by me Purchaser. TheretOfrs,for good cause and as consideration for exe usng This purchase order, the Seller hereby assigns to the Purchaser my and all claims u may now have or formal requirM whim federal or mate ancomem laws for such overcharges relating to The particular goods or services purchased or acquired by The Purchaser pursrans to This purchase order. 13 PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If me Purchaser directs The Seller to correct nonconforming or defective goods by a date to be agreed Olson by me Purchaser and the Seller, and the Seller merrafter indicates its inability or unwillingness to comply, me Purchaser may muse The work to be performed by The most expeditious mans available to it, and The Seller shill pay all costs associated with such work. The Seller shall release The Purchaser and its contractors of my tier from all Mobil iry and claims of my name, resulting 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 so me direcmrs, officers and emplovees of such parry. Aumoriammin All pries to this contract agree Thar the representatives are, in fact, bona fide and possess full and The Seller's contractual obligations, including summary. shall not be deemed or be reduced in my way, because complete authonry to bind said panes such work is performed or caused to be pedmmed by me Purchaser. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to The terms 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 erms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you canna make complete shipment to arrive on your pmmised delivery date as noted. Time is crude 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, acceptance of pamal late deliveries, shill o,,. as a waiver ardor; provision. In The event of any delay. The Purchaser shall have, in addition to outer legal and equitable remedies, The option of placing This order elsewhere and holding the Seller liable for damages. Howeveq The Seller shall not be liable for damages as a result of delays due to causes not reasonably forowemble wbich are beyond its reasonable control and without its fault ornedi'mce, such acts of God, was of civil or military authorities, govemmenud pnooties, fires, sinkers, Flood epidemics, wars or cots provided that notice of The conditions causing such delay is given to we Purchaser within five (5) days of me come when the Seller first received knowledge Thereof. In The event of my such delay. The time of delivery shall be extended for The period equal to the time actually lour by reason of The delay. 3. WARRANTY. The Seller wwants that all goods, articles, materials and wurk covered by This order will conform with applicable drawings, specifications, samples and/or ocher descriptions given, will be fur for me purposes intended, and performed aim the highest degree of two and competence is accordance aim accepted standards for work of a imilar nature. The Seller agrees to hold the purchaser harmless from my loss, damage or expense which the P duchasrr may suffer or incur on account of the Sellers breach of wammry. The Seller shall replace, repair or make good without cost o The purchaser, my defects or faults arising aidtin one (I I year or within such longer period of time as may be presented by law or by me terms of my applicable warranty provided by The Seller Offer The date of acceptance of the goods Furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective vork done or contains famished by The Seller. Acceptance or use of goods by the Purchaser shall not onsntme a waiver of my claim order This wmmanry. Except as otherwise provided in This purchase ordeq the Sellers liability hereunder shall antacid to all damages proximately mused by the breach ofmy of me foregoing warranties or gneranmes, 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 to the now. other then legal terms, including additions in or deletions from die munitieS originally ordered in me specifications or dox—ps, by verbal or written change order, If any such change affects The amowt due or the time of pedormance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchase, may at my time by wrbrm change arden Onformite this agaemmt as tp my or All Warsof The goods then um not shipped, subject to my equitable m1jnmt betwem The ponies as to my work or matenalsThm in progress provided than The Purchaser shill not be liable for my claims for anticipated profits on me uncompleted portion of me goods andor work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect any goods which are the Sellers standard stock. No such termination shall relieve me Purchaser or The Seller of my of Their obligations as to any goads delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment mum be asserted within burry (30) days from the time The change or termination is ordered 8. COMPLIANCE WITH LAW. The Seller wanms That all goods sold hereunder shall have been produced, sold, delivered and famished in moot compliance with all applicable laws and regulations to which the good are subject. The Seller shall execute and deliver such documents as may be required in effect or evidence compliance. All laws and regulations requirM to be incorporated in agreements of This character are hereby inwfpo ned herein by This 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 aim such law_ 9. ASSIGNMENr. Neither parry shall assign, transfer, or convey this order, or my potties due or in become due hereunder wldto t The prior written consent of The other parry. 10 TITLE, The Seller warrants full, clew and unrestricted tide w the Purchaser for all equipment materials, and items fumiseed in performance of this agreement free and clear of any and all liens restrictions, reservations, secunty interest encurnbrances and claims ofotha , 14. PATENTS, Whenever me Seller is required to use my design. device, Trial or process covered by letter, man, trademark or mpyrighr, The Seller shall indemnify and save hamJess The Purchaser from my and all claims for infringement by reason of The use of such peneneed design, device, marerisl 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 of such infringement at my time during The prosecution or alter the completion of me work. In can said equipment, or my pan Thereof or the intended use of me goods, is in such suit held to constitute infringement and the use Of said ecurpmretn or pan is enjoined, the Seller shall, of its own expose and at its option, either procure for The Purchaser the Tight to continue using said equipment or parts, regime The same with substantially equal but noninfringing equipment Or modify it so it becomes wnlnfringing. 15.INSOLVENCY. If me Seller seal become insolvent or bankrupt, make an assignment for The benefit of credimrs, appoint a receiver ar trustee for my of The Sellers property or business, This order may Borchardt be canceled by The Purchaser radiant liability. I6. GOVERNING LAW. The definitions of tents used or the interpretation of The agreement and The rights of all parties hereunder shall be construed under and governed by The laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where The Seller is to perform sort hereundea including The se vors of Shcrrs Represenativa s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry con said work at Sellers awn risk until The same is fully completed and accepted, and shall, in e of my accident, destruction or injury to The work and/or materials before Seller's final completion and acceptance, complete The work at Sellers own expense and to The satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seller, The Seller shall receive, unload, ,sore and handle same To me site and became responsible therefor as though such materials mdlar equipment were being famished by me Seller Order me order. 18. INSURANCE. The Seller shall, at his own rxpense, provide 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 to Their dependents in wmrdmce with The leas of The sure in which the cork is to be done. The Seller shall also carry comprehensive pending liability including, but not limited m, cuntmetual and auromobile public liability insurance with bodily injury and death limits of at least 1100,00A to, env one person, Sm)d'OOo for any one accident and property damage limit Per accident of $400000. The Seller shall likewise require his If my, to provide for such comminution and insurance. Before my of the Sellers or his contractors employees shall do any work upon The premises of others, The Seller shall famish the Purchaser with a can, ficate that such cumpenvtion and insurance have berm provided. Such cemficates shill specify The data when such compensation and insurance have ban provided. Such certificates shall specify the date when such compmsation and insurance expires. The Seller agrees That such compensation and insurance shill be mziatained wool after me .tire wank is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes me more responsibility and liability for my add all damage, loss Or injury of my kind or tenure whensoever to persons or property caused by or resulting from The careful of The wort provided for in This purchase order or in connection herewith. The Seller will indemnify and hold hamdess The Purchaser and any or all of The Purchasers Officers, agents and employees from and against my and col tlalms, losaw. damages, charges 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 act, acorn, neglect, omission or default on me pan of the Seller, my of his contractors. or my of the Sellers or contractors officers, agents or employees. In case my suit or order proceedings shill he brought agalmt The Purchaser, or its officers, agents or employees at try time on account Or by reason of my act anion, neglect omissian or default of the Setter of my of his contractors or any of its or Their officers, agents or employees u aforesaid The Seller hereby agrees in assume The defense thereof and to defend The same at me Sellers own expense, to pay my and all costs, charges, momeys fees and other expenses, my and all judgments that may be Intoned by of 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 Jim he placed 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 wise The same in be dissolved and discharged by String bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guard necessary for the prevention of accidents, comply with all laas and regulations with regard to safety including, but without limitenion, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant therem. Revised 0712014