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HomeMy WebLinkAbout114422 DOWNTOWN ACE HARDWARE - PURCHASE ORDER - 3215205PO PURCHASE ORDER 321520er Page City of PURCHASE 3215205 1 or z `t Collins lints This number must appear ` V ` 1 1 on all invoices, packing �slips and labels. Date: 01/12/2015 Vendor: 114422 DOWNTOWN ACE HARDWARE 215 S COLLEGE AVE FORT COLLINS CO 80524 Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 01/12/2015 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price i 2015 Blanket Order Miscellaneous 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 Total $20,000.00 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 Fon Collins is exempt from state and local taxes. Our Exemption Number is I I. NON\VAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000589 is registered with the Collector of Failure of the Purchaser m insist upon strict performance of the terms and conditions hereof, failure or delay to Internal Remits , Denver, Colorado (Ref Colorado Revised SIamlrat 1973, Chapter 39-26. 114 fa) exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of is breach, the metwunce ofor payment for goods hereunder or approval of the design, shill not release the Seller of Goods Rejected. GOODS REJECTED due to failure 0 meet Wecificatiom, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shill not be deemed a waiver of arty right of the damage in transit, may be resumed to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless instruction., from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereuadeq nor shall any pu i ormd oral modification or rescission of this purchase order by the Purchaser operate w a waiver of any of the terns Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in respmsse to this order can result in 12. ASSIGNMENT OF ANTITRUSTCLMMS. mthroul payment m the pan of the City of Fort Collins. However, it is no be understood that FINAL Seller and the Pwchaser recognise that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon mmpletieaofall applicable required inspection procedures. violations are in fact home by des Purchaser. Theretoforenfor good came and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and di claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of For Collins, 7W Wood St, Fort Collins, CO 90522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise spreifeci on this order. If permission is given to prepay, freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most accompany invoice. Additional charges for tacking will not he accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where mLowfacturem have distributing points in various parts of the county, shipment is If the Purchaser directs the Seller to wren nonconforming or defective goods by a date to be agmed mina by the expected from the nearest distribution Point to destinarioq and excess fmight-11 be deducted Gam Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distance may cause the work to be performed by the most expeditious means wdlable to it, and the Seller shall pay at costs associated with such work. Permits. Seller shill procure at sellers sole van all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of de state, municipality, memory or politid subdivision where The Seller shall release the Purchaser and its contractors of any der from all liability and claims of any nature the .,it is perfomed, or required by any other duly constituted public mal onry having Ensdarm. over the work rusWdn, from the performance of milt work. of vendor. Seller fuller agrees to hold the City of Fort Collins hamJess from and against ill liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules This release shall apply even in the event of fault of negligence of the party released and shall extend to the and requirements directors, officers and employees of such Lowry. Authonaation. All parries to this contact agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purdhase Order expressly limits acceptance to the remts and conditions stated herein set fall and any supplementary or additionil terms and candidates annexed hewn or inberporared 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 most be effected within the time stated on the purchase order Lord the documents anaud ed hereto. No acts of the Purchnurs including, without limitation, acceptance of partiil late deliveries, Shill epense m a waive of this provision. in the event of my delay, the Purchaser shill have, in addition to other legal and equitable remedies, rise 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 its reasonable control and without Los fault of negligence. Such arts of God, acts of civil or mil Lowry authorities, governments] priorities, Gres, strikes, Rood, 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 first received knowledge thereof. In the event of any such delay, dre date of delivery Shill be extended for the penud equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, matenals 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 similar nature, The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or ineur on account of the Sellers breach ofwzrianty. The Seller shall replace, repair or make good without best to the purchase. any di feuS or faalts arising within one (1) year or within Such longer period of time as 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 maen ds furnished by the Seller. Acceptance or use of goods by the Purchaser shill not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extnd will damages proximately caused by the breach of any of the foregoing warranties or guarantees, bin 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 wri Len change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes as the terms, other them legal terms, including additions no or deletions from Ne quantities originally omemo in den specifications or drawing, by verbal or —a- change order. If any such change alfects the warned due or the time of performance hereunder, an equitable adjustment shall Im An 6. TERMINATIONS. The Purchaser may at any time by wr ag change order, temonate this reement as,an to y or all portsof the goods then not shipped subject to any equitable adjustment between the parties be to any work or maeens sthen in progress provided that die Purchaser shall not be liable for any claims for arocipated profits on the uncompleted portion of rise goods anbor work, for incidental or consequential damages, and that no such adjustment he made in favor of the Seller with respect to any goods which are the Sellers standard Stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. Z CLAIMS FOR ADJUSTMENT. Any claim for edjwtment must be wesened within thin, (30) days from the date tire change or termination is ordered 8. COMPLIANCE WITH LAW. The Seller warrants dhm all goods Sold hereunder shall have been produced, Sold delivered and famished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as maybe 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 so indemnify and hold rise Purchaser harmless from all cows 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 convey this order, or any monies due or to become due hereunder without the prior writer consent of the other parry. 10. TITLE. The Seller warrants all, clear and unrestricted ride in the Purchaser for all equipment maenads, and to. fumiahed m Performance of this swemant free and clear of any and all liens, monctions, reservations, armory interest encumbrances and claims ofwEm The Seller's contactual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to tie any design, device, marend or process covered by Inter, patent, tedemark or wpyrght. the Seller shall indemnify and save harmless the Purchaser from any and all claims for inRngi m at by reason of die use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infnngement at any rime during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or the attended use of die 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 wing said equipment or pares, replae the same with Substantially email but nownGinging equipment, or modify in m it becomes n tionfnriging. 15. INSOLVENCY. If the Seller shill become insolvent or makropt make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by She Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the rights of all ponies hereunder shall be consumed undo and govcwrd by the laws of do, State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work herest including the services of Sellers Repreentative s), on the premises elothers. 17, SELLERS RESPONSIBILITY. The Seller shall carry on add work at Sellers own nsk and die same is fully completed and accepted, and shill, in e of any accident, destruction or injury to the work and/or materials before Sellers Find completion and acceptance, complee the work at Seller's own expense and in die satisfaction of the Purchaser. When maredals and equipment are famished by others for installation or erection by the Seller, the Seller shill receive, railroad, store and handle same ar the site and become responsible therefor as though such materials amber equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for die payment of workers compensation, including occupational disease benefq to its employees employed on or in connection with the work covered by this purchase order, andor to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall rim carry comprehensive general liability including, but not limited W. contactual and automobile public liability insurance xitb bodily injury and death limits of u least S3oa,OL0 for any one Person, S500,000 for any one accident and propery damage limit per accident of S400,000. The Seller shill likewise require his �n�acwm,ifmy,topmmdefoTSuchenmpmsmionmidLnswmce. Before any of the Sellers or his contactors employees shall do any work upon the premises of others, the Seller shill famish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such ceelf cafes shall specify the date when such compensation and insurane expires. The Seller agrees that such compensation and insurance shall be maintained coal met the mate work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes die entire responsibility and liability for any and ill damage, loss or injury of any 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 all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to permms or property as which the Purchaser may be or w Subject by reason of any acts, action, neglect. omission we defect on the pan of the Seller, any of his contactors, or any of the Sellers or contracwrs oRcers, agents or employees. In cam any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contactors or any of its or Their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense no pay any and all costs, charges, ..,a fees and .,her expenses, any and all judgments that may be incurred by or obtained alloo t the Purchaser or any of its or their officers. agents or employees in such suits or other proceNings, and in case judgment or other lien be 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 came the same to he dissolved and discharged by giving bond or otherwie. The Seller and his contractors shall take all safety precautions, fumish and instill all guards necessary for the prevention of accidents, comply with all laws and regulations with regard w safety including, but without limionow, the Occupations] Safety bad Heath Act of 1970 and all ores and regumons issued pursuant thereto. Revised 07n014