HomeMy WebLinkAbout128546 HARBOR FREIGHT TOOLS - PURCHASE ORDER - 3215218PURCHASE ORDER PO Number Page
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PURCHASE
3215218 1012
This number must appear]
/�I\V`I ` V a` 1 1 on all invoices, packing
�slips and labels.
Date: 01/12/2015
Vendor: 128546
HARBOR FREIGHT TOOLS
3491 MISSION OAKS BLVD
CAMARILLO CA 93012
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
Tools and supplies
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 $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 Ciry of Fan Collins is exempt from stare and local taxes. Our Exemption Number is
11. NONWAIVER.
11. NO
98-04502. Federal Excise Tax Exemption Cenifcate of Registry 84-6000s8] is registered sorb the Collector of
of the Purchaser inns u strict r(ormmce of the corms and conditions herwf failure or delay to
upon s etc Pe Y
Internal Revenue, Denver Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, Ili (a).
exercise any rights or remedies provided herein or by law, fell um to promptly notify the Seller in the event of a
breach, de accelerator ofor payment for goods fierewder or approval ofthe design, shall not release de Seller of
Goods Rejected. GOODS REJECTED due m failure to meet speeificariws, either when shipped or due to defec¢ of
any of the warranties or obligations of this purchase order and shall not he deemed a waiver of any night of die
damage in transit, may be maimed to you for credit and are not to be replaced except upon receipt of written
purchaser to insi f upon strict performance hereof or any of irs rights or remedies as many such goods, regardless
instructions from the City of Fort Collins.
of when shipped, received or accepted, a to any poor or subsequent default hereunder, nor shall any pu,oned
oral modification or rescission of this purchase order by the Purchaser operate as, a waver of any of the terms
Inspection. GOODS are subject to the City of Fort Collins inspection on arrival.
herwf.
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order nn result in
12. ASSIGSV�NT OF ANTITRUST CLAIMS.
authonaed payment on the pan of the City of Fort Collins. However. it is to be understood that FINAL
Seller and the Purchaser recal that in actual wormarric practice, overcharges resulting from mrinusr
ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures
violations are in fan home by the purchase, Theretofore, for good cause and as consideration for masoning this
purchase order, the Seller hereby assigns b, the Purchaser my and all clams it may now have or Imager
Freight Terms. Shipments must be F.0 B., City of Fort Collins, 700 Wood St, Fort Collins, CO 80522, unless
acquired under federal or state matrust laws for such overcharges relating to the paniculsr goods or services
otherwise specified on this orderif permission is given to prepay freight and charge separately, the original freight
purchased or room red by the Purchaser pursuant to this purchase order.
bill must accomnmv invoice. Additional chromes for packing will not be accepted.
Shipment Distance . Where manufacturers have distributing potoo : in various puts of the country, shipment is
expected from fire nearest distribution point to destination, and excess freight will be deducted from Invoice when
shipments are made fmm greater distance.
Permits. Seller shall procure at sellers sale con all necessary permits, certificates and licenses required by all
applicable laws, regulations, ordinances and toles of the state, municipality, territory or political subdivision where
the work is performed, or required by my other duly constituted public auhonty having jurisdiction over He work
of vendor. Seller fuller agrees to hold the City of Fort Collins harmless from and aging all liability and loss
incurred by Hem by reason of an armed or established violation of any such laws, regulations, ordinances, rules
arequirements.
Amboriution, All parties to His contract agree Hat the representatives are, in fact, bona fide and possess full and
onmete authority to bind said ponies.
LIMITATION OF TERNS. This Purchase Order expressly limits acceptance to the terms and conditions stated
herein set fried and any supplementary, or additional term and conditions annexed hereto or incorporated herein by
reference. Any additional or different terms and wnditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT Immedbtely if you cannot make complete shipment to arrive on your
promised delivery date be noted. Time is of the essence. Delivery and performance must be effected within the time
stated on He purchase order and the documents attached hereto. No acts of the Purchasers including, without
Imitation, acceptance of partial late deliveries, shall operate is a waver of this provision. In the event of any delav,
the purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing His order elsewhere
and holding the Seller liable for damages. However, he Seller shall not be liable for damages a a result of delays
due to causes not reasonably forembable which are beyond its reasonable control and without is fault of negligence,
such toss of God, acts of civil or military authonties, goverrmmtal pnooties, firm, strikes, flood epidemics, wurs or
riots provided Hat notice of the conditions causing such delay is given to the Purchaser within five (5) days of the
time when the Seller for received knowledge thereof In the event of any such delay, the date of delivery shall be
extended for the period equal to the time actually lost by reason of the delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work coveted by this order will confamr with applicable
dmwings. specifications, samples and/or other descriptions given, will be fit for he purpose intended and
performed with de highest degree of care and mmpeten<e in accordance with accepted standards for work of a
similar nature. The Seller agrees to hold the purchaser harmless from my loss, damage or expense which He
Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make
good, without cast 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 he temrs of my applicable warrant, provided by the Seller afer the date of
acceptance of the goods famished hereunder (acceptance not be unramem bly delayed), bulting from imperfect
or defective work done or matenils famished by the Seller. Acceptance or use of good by the Purchaser shall not
wnsfituteawaverofmyclamcoderthiswom Exceptaohem providedmthispuaweorder,he Sellers
liability hereunder shall extend w dl damages proximately caused by He breach of any of he foregaing warranties
or guarmtess, but such liability shall in no event include lass of pmfiw or lass gum NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERNIS.
The Purchaer may make changes m kgd morns by verinen change order.
S. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any charges to the terms, other dim legal terms, including additions to or deletions from
the quantities originally ordered in the specifications or drawing, by verbal of written change order. If my such
change affects the amount due or the time of,erfotmunce hereunder, as equitable adjustment shall be made.
6. TERMINATIONS.
The purchater may an my time by written Norge order, terminate His agreement as to any or di portions of the
good dim not shipped subject to my equitable adjustment between the parties as to my work or materials dim in
prawOw provided that the Purchaser shall not be liable for my clams for anticipmed profits on he uncompleted
,coon of the goods and/or work, for incidental or consequential damages, and drat no such adjustment be made in
favor of the Sel kr with respect a my goods which are the Sellers standard stock. No such termination shall relieve
the Purchaser or the Sol let of my of their obligations as to my good delivered hereunder.
Z CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be asserted within thirty (30) days from the date he change or termination is
ordered
8. COMPLIANCE WITH LAW.
The Seller warranrs that all goods sold hereunder shill have been produced, sold, delivered and famished in stria
compliance with all applicable laws and regulations to which the goods are subject The Seller shall execute and
deliver such documents m may be 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 to
indemnify and hold he Purchaser harmless from all wso and damages suffered by the Purchaser az a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither parry shall assign, transfer, or convey this order, or my monies due or to become due hereunder without the
prior written consent of the other parry.
10, TITLE.
The Sella warnings full, clear and unrestricted title to the Purchaser for all equipment matenils, and items famished
in performance of this agreement free and clear of my and all liens, restrictions, reservations, secant, interest
encumbrances and ,halms of oilers.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser direca the Seller to correct nonwnPorming or defective good by a date to be agreed tenon by the
Purchaser and he Sella. and fee Seller Hereafter indicates its inability or unwillingness to comply, the Purchaser
may cause de work to be performed by the most eweditious means available to it, and the Seller shall pay all
vests aaocieard with such work.
The Seller shall release the Purchaser and its contractors of any tier from all liability and clams of any nature
begin, from the performance of such work.
This release shall apply even in de event of fault of negligence of the parry released and shall extend to she
directors, officers and employees of men parry.
The Sellds contrmmal obligations, including wari shall not be deemed to be reduced, in any way, because
such work is performed or caused to he performed by the Purchaser.
14, PATENTS.
Whenever he Seller is required ro use any design, do ..0. matero material of pcess covered by letter, patent trademark
or copyright, he Seller shall indemnify mad save hamdess the Purchaser fmm any and all clams for infringement
by reason of die use of such parented design, device, marital or process in connection with the contract and
shell indemnify the Purchaser for any cos, expense or damage which it may he obliged to pay by reason of such
infringement at any time during the prosecution or after the completion of the work. In care said equipment or
any part thereof or the intended use of the goods, is in such suit held to cons inim 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 de right to continue using said equipment or parts, replace de same with substantially equal but
nomnfrr ing equipment or modify it so it becomes noninfdnging
IS. INSOLVENCY.
If the Seller shall became insolvent or bankrupt, make m assignment for the benefit of creditors, appoint a
receiver or trustee for my of He Sellers progeny or business, this most may foMwiH be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definnums of rant used or the inoryreuan of de agrremmt and the rights of all parties hereunder shall be
derssomed under and governed by the laws of the Some afCalmado, USA.
The following Additional Conditions apply only in cases Where the Seller is to perform work hereunder,
including the services of Sellers Representative(s), on the promises archers.
17, SELLERS RESPONSIBILITY.
The Seller shall carryon said work ar Sellers own risk until the same is filly completed and accepted and shall,
in case of my accident destruction or injury to he work ai materials before SelleEs final completion and
acceponce, complete He .,it at Sellers own expense and to he satisfaction of he Purchaser. When matenils
and equipment are famished by others for middleman or erection by he Seller, he Seller shall receive, unload
sore and handle same at he site and become responsible therefor as Hough such materials andor equipment
were being famished by the Seller under he order.
18. INSURANCE.
The Seller shall, in his own expense, provide for the payment of workers compensation, including occupational
disease bmefics, to its employees employed on or in connection with the work covered by this pubbae order,
and/or to their dependants in accordance with the laws of the some in which the work is to be done. The Seller
shall also carry comprehensive gmerd liability including, but nor limited m, rommetud and automobile public
liability insurance with bodily injury and death limits of m least S301)." for any one person, S500,000 for my
one accident and property damage limit per accident of $40),000. The Seller shill likewise require his
contractors, if any, to provide for such compensation and insurance Before my of the Sellers or his contractors
employees shill do my work upon the premises of others, the Seller shill famish the Purchaser with is wrlificate
Hat such compensation and insurance have hem provided. Such certificates shill specify he dare when each
compensation and insurance have been provided. Such cenif cates shall specify he date when so& compensation
and insurance expire. The Seller agrees hen such wmpeaztion and insurance shall be pu noted awl after he
enure work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby aeumes the entire responsibility and liability for my and all damage, lass or injury of my kind
or nature whaoomerto Persons or property, caused by or resulting from the execution of the work provided for in
His purchase order or in connection herewith. The Seller will indemnify and hold harmless he Purchaser and any
or all of the Purchasers officers, agents and employees from and against my and all clams, loses, damages,
charges or expense, whether direct or indirect and whether be issues or property to which the Purchaser may
he put or subject by reason of my act action, neglect, omission or default on the pan of the Seller, any of his
contractors, or my of the Sellers or contractors efforrs, agents or employees. In case my suit or other
proceedings shall be brought against the Purchaser, or its officers. agents or employees ar any time on account or
by reason of my act action, neglect, omission or default of the Seller of any of his contractors or my of its or
their officers, agents or employees a aforesaid, the Seller hereby agrees to assume the defense diermf and to
defend he same on the Sellers own expense, to Pay my and all mats, charges, anomrys fees and oiler expenses,
my and all judgments that may be incurred by or obtained agan9 the Purchaser or my of its or their officers,
agents or employees in such suits or other proceedings, and in raze judgment or other lion be placed upon or
obtained against the property of the purchaser, or said parties in or m a result of such suits or other proceedings,
he Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall take all safety precautions, furnish and install all guard necessary for die prevention of
accidents, comply with all laws and regulations with regard to safety incladin& but without limitation, the
Occupational Safety and Health Act of 1990 and all rubes and regulations issued pursuant hereto.
Revised 0712014