Loading...
HomeMy WebLinkAbout113033 GENERAL CARE HEALTH SERVICES INC - PURCHASE ORDER - 3215215Fort Collins Date: 01/12/2015 PURCHASE ORDER PO Number Page 3215215 1 of2 This number must appear on all invoices, packing sli s and labels. Vendor: 113033 Ship To: WATER UTILITIES GENERAL CARE HEALTH SERVICES INC CITY OF FORT COLLINS 620 S LEMAY 700 WOOD ST FORT COLLINS CO 80524 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 Ordered Extended Price 1 2015 Blanket order 1 LOT LS 6,000.00 Physicals 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 Total $6,000.00 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 affair Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. q8-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector Of Future of the Purchaser to insist upon strict performance Of the terns and conditions hereof, failure or delay to Internal Revenue. Denver, Colorado (Ref. Colorado Revised Sa ass 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly non tothe Seller in the event of a breach, me acceptance of or payment for goods herewder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure in meet specifications, either when shipped or due W drifters of any of the warannes ar obligations of this purchase order and shall not be deemed a waiver of any right of the damage in co n di may he rammed in you for credit and are pot to he replaced except upon receipt of wr{nen purchaser to insist upwi s ciet performance herrof or any Of its rights or remedies as to any such goods, regardless instructions from the City of Fan Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any postponed cant modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Fon Collins inspection an arstival hera f. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can r esult in 12. ASSIGNMENT OF ANTITRUST CLAIMS. submitted payment on the pan of the City of Fan Collins. However, hCh is to be understood aFINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antuount ACCEPTANCE is dependent upon completion of all applicable required inspection procedures violations are in fact home by the Purchaser. Theretofore, for good cause and se, consideration for executing Nis purchase order, the Seller hereby assigns to the Purchase any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B.. City of Fort Collins, 200 Wood St, Fort Collins, CO 80522, unless acquired ands, faded or state antitrust laws for such ovemharges relating to the particular goods or services oherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight porchased or acquired by the Processor pursuats to this purchase order. bill must accompany invoice. Additional charges for packing wit not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributor, points in various pain of the count, shipment is Ifthe Purchaser directs the Seller to coned nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inabiliy or unwillingness to comply, the Purchaer shipments are made front greater distance may cause the work to be performed by the most expeditious meats available to it, and the Seller shall pay all costs associated with such work. Parmim. Seller shall procure at sellers sole cast all necessary permits, centficaus and licenses required by all applicable laws, regulations, ordinances and rules of the stare, municipality, ternary or political subdivision where the work is perfanned, or required by any other duly compound public unhappy having junsdiction over the work of vendor, Seller fuller agrees to hold the City of Fan Collins hamdess from and against all liability and loss ctmed by them by mason of an maenad or established violation of any such laws, regalations. ordinances, roles and rryulr men¢. Authmiaadon. All ponies 1m this contract more that the representatives are, in fact, bona fide and possess full and complete authority to bind said panne,. LIMITATION OF TERMS. This purchase Order expressly limits mospance to the tam¢ and conditions stated herein set South and my supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different term' and conditions proposed by seller are objectM an and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive an 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 and the documents washed hereto. No acts of the Purchasers including, without limitation, acceptance striations] late deliveries, shall operate as a waiver of this provisionlu the event of any delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplming this order elsewhere and holding the Seller liable for dmtages. 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 conuol and without its fault of negligence, such am of God, acts of civil or military authondes, womparmd promb e, fire, strikes, flood, epidemics, was or riots provided the node, of the conditions causing such delay is given a the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the cost of my such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason order, delay. 3. WARRANT(. The Seller warmers that all goods, winder, materials and work covered by this order will conform with applicable drawings, smoilcations, samples md/cr other descriptions give, will be fit for the purpose intended, and performed with the highest degree of care and competence in accordance with accepted standards far work of a imilar aware. The Seller agrees to hold the purchaser harmless from my loss, damage or expense which the Purchaser may sutler or incur on accouna of the Sellers breach of exaranry. The Seller shall replace, repair or make goad, without win a the purchaur, my defects or faults arising within one (1) year or within such longer period of time as may be precnbed by law or by the arms of my applicable wanenty provided by the Seller alter the clue of acceptance of the goods furnished hereunder faceptmce now au be =reasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not onsu ate a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend an all damages proximately caused by the breach army of due foregoing warrmtis or guarantees, but such liability shall in no event include loss ofprofim 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 terns, other thin legal terms, including additions to or deletions from the quantities originally ordered in the specifcaions or drawings, by verbal or written change order, If any such change affects the amount due or the Loan of performmce hereunder, an equitable adjustment shall be made. 6. TERM NATIONS. The Purchaser may at any time by women change order, terminate this agreement as to any or at pain of the goad them not shipped, subject to any equitable Augment between the panic as to my work or materials then in progress provided that the Purchase shall not be liable for any clams for anticipated fruits an the uncompleed pennon of the goods and/or work, for incidental or wnsequendal damages, and that no such adjustment be made in favor of,fie Seller with respect in my goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of my oftheir obligations as to my goods delivered hereunder. V. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within Flow (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller worrana that all goods cold hereunder shall have ban produced, sold, delivered and furnished in unit compliance with all applicable laws and regulations to which the goods we subject. The Seller shall exau s and deliver such &SOmmm as may be required to effect or evidence compliance. All laws and regulations required in be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees in indemnify and hold the Purchaser harmless from all costs 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 memory this order, or my marries due or to become due hereunder without the Low women consent of the other parry. Ica TITLE The Seller warrant full, clear and unrestricted tide to the Purchaser for all equipment, nationals, and items furnished n perform ec Of this agreement. free and clear of any and all liens, restrictions, reservations, surity interest encumbrances and clams of others. The Seller shall release the Purchasr and its evnoacsors Of any for from A] liability and claims of any nature sulung from the performance of such work. This release shall apply ten in the event of fault of negligence of the parry, released and shall extend ro the directors, of cers and employees of such parry. The Seller's comracrual obligations, including warranty, shall not be deemed to be reduced, in my way, because such work Is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by lines, parent trademark r copyright, the Seller shall indemnify and save harmless the Purchaser from my and all claims for infringement by reason of the use of such patented design, device, trwerial or process in connection with fire common, and shall indemniy, the Purchaser for my urn, expense or damage which it may be obliged to pay by realm artists infringement at my time during the prosecution or after the completion of the work. In case said equipment or my pan therm( Or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or an is enjoined, the Seller shall, in its own expense and at its option, either procure for the Purchaser the right to continue using said equipment Or parts, replace the same with substantially equal but noninfnnging equipment, Or modify it so it becomes oownfnnging. 15.INSOLVENCY. If the Seller shell became insolvent or bankrupt make On assignmrnt for the beef t of crediers, appoint a raeive or m ns, far any of due Sellers property or business, this coder may forthwith be canceled by the Purchaser without liabilirv. 16. GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the rights of all parties hereunder shall be construed order and governed by the laws of the Sate of Colorado, USA. The following Additional Conditions apply only in cores where the Seller is to perform work hereunder, including the services of Sellers Re'nomurive s), oa the premiss of others. 17. SELLERS RESPONSIBILITY. The Seller shall many, on said work at Sellers own risk mud the same is fully completed and accepted, and shall, in case of my accident, destruction or injury to the work andlor materials before Sellers fined completion and acceptance, complete the work at Seller's own expense and to 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, stare and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. H, INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupadmel disease benefits, a it employees employed on or in connection with the work covered by this purchase order. and/or in their dependence in accordance with the laws of the s=e in which the work is to be dine. The Seller shall also carry comprehensive gmed liability including, but not limited in, comractual and automobile public babiliry instance wide bodily injury and death li miss of an least $300,000 for any one person, $500,000 for any one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his if any, to provide for such compensation and insurance. Before any of fire Sellers or his contractors employes shall do my work upon the premises of others, the Seller shall famish the Purchaser with a cesufcate that such compensation and insurance have been provided. Such certineams, shall specify the date whin such own,m aion and wr urance have been provided. Such carificac shall specify the time when such compensation and insurance expires. The Seiler agrees Char most -orientation and insurance shall be mvntvned wind after the an. re work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any ard all damage, loss or injury of any kind or nature whatsoever to persons or property caused by or resulting from the execunon of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmlear the Purchaser and my or all of the Purchasers oRcars, agents and employees fmm and against my and all clams, losses, damages, charges or expenses, whether direct or indirect and whether to pes=s or property in which the Purchaser may be put or subject by reason of my m, artion, neglect omission or default = the pan of the Seller, my of his contractors, or my of the Sellers or contractors officers, agents or employee. In mate my suit or other proceedings shall be brought Murat the Purchaser, or its officers, opium or employees ar my time an account or by reasan of my act, action, neglect, omission or default of the Seller of my of his commcters or my of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and w defend the same at the Sellers own expense, to pay my and all costs, charges, anomeys fees and Other expenses, any and all judgments that may be incurred by Or 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 lien be placed upon or obsaned 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 disialved and discharged by giving band or otherwiso. The Seller and his contractors shall take all safety precautiarm, fi main and lowest all guards naxsxvy for the prevention of acciderm, comply with all laws and regulators with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rule and regulations issued pursuant thereto. Revised 07/2014