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HomeMy WebLinkAbout121559 HI-LINE UTILITY SUPPLY CO - PURCHASE ORDER - 3215223Fort Collins Date: 01/12/2015 Vendor: 121559 HI -LINE UTILITY SUPPLY CO 1695 CAMBRIDGE DR ELGIN IL 60123 PURCHASE ORDER PO Number Page 3215223 1of2 This number must appear on all invoices, packing sli s and 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: Line Description Quantity UOM Unit Price Extended Ordered Price 2015 Blanket Order 1 LOT LS 15,000.00 Maintenance - Electronics 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 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. COMNIERCIALDETAILS. Tax exemptions. By statute the City Of Fort Collins is exempt from state and load taxes. Our Exemption Number is 11. NONWAIVER, 98-04502. Federal Excise Tax Exemption Certiicme of Registry 84-6000587 is registered with Me Collector of Failure of the Purchaser to insist upon stria Performance of the terms and conditions hereef, failure or delay to Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1943. Chapter 39.26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, Me acceptance of or payment for goods hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REIECTED due ed failure to meetspecificarrom, either when shipped or due to defects of any of the wanantia or obligations of this purchase order and shall rim be deemed a waiver of any right of the damage in transit, may he returned to you for credo and are rot to be replaced except upon receipt of written purchaser ro insist upon ..or performance hereof or my of its righ. or remedies as to any such goods, regardless inumctions from the City effort Collins. of when shipped, racdved or accepted, as to my prior or subsequent default hereunder, nor shall my putpaned oral modificauan or rescission of this purchase order by Me Purchaser operate ses a waiver of any of Me terms Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof Final Acceptance. Receipt of the merchandise, uy. or equipment is response to this order cm namil, in 12. ASSIGNMENT OF ANTITRUST CLAIMS. autbon-d! payment on the pan of me City of Fort Collins. However, it is to be understood that FINAL Seller and Me Purchaser rewgrm that in actual economic practice, overcharges resulting from antitmst ACCEPTANCE is dependent upon completion of all applicable required inspection proceduresviolations are in fact some by the Purchaser. Thererofore,for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser my and all claims it may now have or hereafter Freight Terms. Shipman. must be F.0 B., City of Fort Collins, 700 Wood Se, Fort Collins, CO 80522, unless acquired order federal or state antitrust laws for such overcharges relining to Me particular goods or services otherwise specified on this order, If permission is given to prepay freight and charge separa¢ly, the original freight purchased or acquired by Me Purchaser pursuant to Nis purchase order. bill most accompany invoice. Additional charges for poking will rot he accepted. Shipment Ulnance. Nhere manufacturers have distributing points in various parts of Me country, shipment is expected form Me nearest distribution Point to destination, and asses freight will be deducted form Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers role cost all necessary permits, cenificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipal try, territory or political subdivision where Me work is performed, or required by my other duly constituted public authority having jurisdiction Over Me work of vendor. Seller number agrees to hold me City of Fiat Collins harml— from and against all liability and loss eused by them by reason of an assened or established violation of any such laws, regulations, ordinances, roles nd requirements. Arthorivomer All From to this contract agree Mm A. represmtatives are, in fact, bona fide and possess full and complete authority to bind said Dames. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to Me terms and conditions stand herein set forts and my supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different tends and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY, PLEASE ADVISE PURCHASING AGENT immediately if you moment make complete shipment in arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated on Me purchase order and Me documew attached harem. No seas of the Producers including. without limitation, acceptance of partial line deliveries, shall operate w a waiver of this provision, In Me event of any delay. Me Purchaser shill have, in addition to other legal and equitable remedies, Me option of placing this order elsewhere and holding the Seller liable for damages. However, Me Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable conool and without its fault of negligence, such acts of God, acts of civil or military ambomies, governmental priorities, fires, strikes, flood epidemics, wars or riots provided that notice of Me conditions causing such delay is given to Me Purchaser will five (5) days of Me time when Me Seller first received knowledge thereof In the event of my such delay, Me date of delivery shall be extended for Me period equal to the time actually last by reason of the delay. 3. WARRANTY. The Seller worm. that all goods, articles materials and work covered by Mis order will conform with applicable drawings specificaions, samples andror order deuripdons give, will be N for Me purposes intended, and performed with Me higher degree of care and competence in accordance with incepted sited mis for work of a similar nature. The Seller agrees to hold Me purchaser harmless from any loss, damage or expense which she Purchaser may sufferer incur on account of the Sellers breech of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, my defects or faults arising within one (q year or within such longer period of time as may be prescribed by law or by Me terms of my applicable wanmry provided by Me Seller after me data of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by Me Seller. Acceptance or use of goods by the Purchaser shall not consulate a waiver of my claim under this primary, Except as otherwise pmvided in this purchase order, the Sellers liability, hereunder shall extend to all damages pmximately caused by Me branch of my of Me foregoing waranees or guarmtme. ban such liability shall in no went include loss of profits or loss of use. NO IMPLIED WARRANN 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. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes in Me terms, other Man legal terms, including additions to or deletions from Me quantities originally ordered in Me specifications or emotions, by verbal or written change order. If any such change efforts Me amount due or Me time of Performance hereunder, an equitable adjustmrnt shall be made. 6. TERM NAT[ONS. The Prenchaser may ar any time by written change order, terminate this agreement u to any or all vinions of Me goads Man not shipped, subject to my equitable adjuvmmt between Me parties as to my work or emends then in progress provided Mat Me Purchaser shall not be liable for any claims for anticipated profits on Me uncompleted portion of the goods anchor work, for incidetd or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are Me Sellers standard stock. No such termination shill relieve the Purchaser or Me Seller of ery of their obligations to to my god delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be wrened within Aid, (30) days from Me date Me change or termination is ordered. 9. COMPLIANCE WITH LAW. The Seller warrants Nat all goods sold hereunder shall have been produced, sold, delivered and famished in %act compliance —M all applicable laws and regulations m which the goods are subject. The Seller shut] 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 to indemnity and bold the Purchaser harmless from all cosis and damages suffered by Me Purchaser w a result of Me Sellers failure to comply with such law. 9. ASSIGNM. N`C Neither pant shall assign, transfer, or convey this order, or my monies due or to become due hereundm worried Me ono, wrmm musum of the oNer parry. 10 TITLE. The Sal let womands full, clear and unrestricted title to At, Purchaser for all equipment, materials, and items furnished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of omen. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs Me Seller m coma nonconforming or defective goads by is data m be agreed ego. by Me Purchaser and the Seller, and the Seller mereaftef indicates its inability or unwillingness to comply, Me Function may cause me work he be performed N Me most expe i tioas means available to it, and Me Seller shill pay all cos. associated with such work. The Seller shall release Me Purchaser and its comrades of my tier from all liability and claims of my nature resulting from the performance of such work. This release shall apply even in Me event of fault of negligence of Me parry released and shall extend to Me directors, officers and employees of such parry. The Sellers contractual obligadms, including wartanry, shall not be dcemed to be reduced, in my way, Impose such work is performed or caused er he pMormad by Me Purchase, 14. PATENTS. Whenever the Seller is required muse any design, device, material or process covered by letter, patent, trademark or copyright, Me Seller shall indemnify and save harmless the Purchaser from my and all claims for infringement by reason of Me use of such patented design, device, material or process in connection wits the contract, and shall indemnify Me Purchaser for my con, expense or damage which it may be obliged to pay by reason of such infringement at any time during Me prosecution or after Me completion of Me work. In case said equipment, or my pm thereof or the imps ded use of Me goods, is in such suit held in constitute infringement and Me use of said equipment or part is enjoined Me Seller shall, at its own expense and at its optien, either procure for the Purchaser Me right to continue using said equipment or par., replace Me same wiM substantially equal but noninfdeging goipment, or modify it so it becomes ooninfnnging. 15. INSOLVENCY. If Me Seller shall become insolvent or bankrupt, make an assignment for Me benefit of creditors, appoint a receiver otrustee r for my of Me Sellers property or business, this order may forthwith be canceled by Me Purchaser without liability. 16. GOVERNING LAW. The def itionaofteens used orthe interpretation ofthe agreement and Me ngh.ofall parties hereunder shall be construed coder and goa mal by Me laws of Me State of Colorado, USA. The following Additional Conditions apply only in cases where Me Seller is to perform work hercuvdea including the seances of Sellers Representatives), on she premise of others. It. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in e of any accident, denruaion or injury to Me work and/or materials before Sellers old completion and acceptance, complete Me work at Sellers own expense and to Me satisfaction of Me Purchases When materials and equipment we famished by others for instillation or erection by Me Seller, Me Seller shall receive, unload, store and handle same at Me site and become responsible therefor u though such materials andror equipment were being famished by Me Seller coder the order. 18. INSURANCE. The Seller shall, at his own expense, provide for Me payment of workers compensation, including occupational disease benefit, to its employees employed on or in connection with me work covered by Mis purchase order, andor to Met dependents in accordance wits Me laws of Me site in which the work is to be done. The Sol let shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability movanae wits bodily injury and death limits ofar least S300J0spi0 for any one person, SLgJYdp for any one accident and proPerry damage limit per accident of 5400,000. The Seller shdl likewise require his contractors, fury. to provide for such compensation and insurance. Before my of Me Sellers or his continuous employees shall din my work upon Me premises of others. Me Seller shell furnish Me Purchaser with a certificate that such comp rra atian add insurance have been provided. Such certificates shill specify Be dace when such compensation and insurance have been provided. Such certificates slid[ specify the date whom such compensation and insurance expires . The Seller agrees that such compensation and insurance shall be maintained anal after Me entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire nespowi ei liry and liability for any and all damage, loss or injury of my kind or nature whatsoever to persons or property, caused by or resulting form Me execution of Me work provided for in this purchase order or in connmrmn herewith. The Seller will Ndemrd fy and hold harmlea Me Purchaser and my or all of Me Purchasers oficars, agents and employees form and agairut any and all slain, lasso, damages. charges or a yeses, whether direct or indirect, and whether to Persons or property, to which me Purchaser may be pun or subject by reason of any not, action, neglect, omission or default on Me pan of Me Seller, my of his contractors, or my of Me Sellers or contractors o icem, agents or employees. In case my suit or other proceedings shill be brought against Me Purchaser, or its ofil agents or employees at any may on account or by reason of my act, action, neglect, omission or default of Me Seller of my of his contractors or my of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume Me defense thereof and to defend the same at Me Sellers awn expense, to pay my and all costs, charges, aummeys fees and other expenses, my and all judgments mat may be incurred by or obtained agdrrst Me Purchaser or my of its or MeiT officers, agents or employees in such suits or other proceedings, and in one judgment or other lied be placed upon or obtains! against Me property of the Forhaser, or add parties in or as a result of sutt suits or other proceedings, Me Seller will at once came Me same to be dissolved and Mschurged by giving bond or oherwise. The Seller and his contractors shell take all safety precautions, furnish and instal all grads necessary for Me prevention of accidents, comply with all laws and regulations wish regard to safety including but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuer thereto. Revised 07/O14