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HomeMy WebLinkAbout452925 INTERSTATE ALL BATTERY CENTER - PURCHASE ORDER - 3215225Fort Collins Date: 01/12/2015 PURCHASE ORDER Vendor: 452925 INTERSTATE ALL BATTERY CENTER 300 WILLOW ST FORT COLLINS CO 80521 PO Number Page 3215225 1012 This number must appear on all invoices, packing slips 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: 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 1 LOT LS 6,000.00 Utilities 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:970-22"775 Fax: 970-221-6707 Email:purchasing@fogov.com Total Pay terms net 30 days Invoice Address: 11118AI111101 City of Fort Collins Accounting Department PO BOX 580 Fort Collins, CO 80522-0580 hale Order Tenns and Conditions Page 2 of 2 I. COMMERCIALDETAILS. Tax exemptions. By statute the City of Pon Collins is exempt from sum and local taxes. Our Exemption Number is 98-04502, Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with Ne Collector of Internal Revenue, Denver, Colorado (Ref Colorado Revised Statues 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due w defects of damage in transit may be returned to you for credit and are not 0 be replaced except upon receipt of written instrvdions from the City of M. Collins. Inspction. MODS arc subject o the Ciry of Fon Collins inspection on arrival. Final Acceptance. Receipt of the merchandise. services Or equipment in response to this order can result in authonead payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipments must be F.0 B., City of Fort Collins, 900 Wood St, Fort Collins, CO $0522, unless otherwise specified an this order. If permission is given to prepay freight and charge separately, the onginal freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distnbuting points in various parts of the country, shipment is expected from the nearest distribution point to it..., and excess freight will be deducted from b omee when shipments are made from Bossier distance. Permits. Seller shall procure at sellers sole cos all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where Fire work is performed, or required by any other duly constituted public authority, having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fan Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requirements. Authorization All panic to this contract agree that the o wasentr ives are, in fact. Mesa fide and possess full and complare authority to bind said ponies. LIMITATION OF TERMS, This Purchase Order expressly liners acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated 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 w arrive on your promised delivery date as noted. Time Is of the essence. Delivery and performance must be effected within the time stated on she pumhaa order and the documents anached herew. No acts of the Purchasers including, without limitation, acceptance of partial late delivmes, shall operate as a waiver of this provision. In the event ref any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of pluing this order elsewhere and holding she Seller liable for damages. However, the Seller shall nor be liable for damages as a result of delays due w causes nor reasonably foreseeable which are beyond its reasonable wnrrol and without its fault of negligence. such tits of God, acts of civil or military authorities, governmental priorities, Gres, strikes, food epidemics, wars or nuts pmatded 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, the date of delivery shall be extended for the period equal to the time actually Ion by reason of the delay. 2. WARRANTY. The Seller warrants Nan all goods, articles, times and work covered by this order will conform with applicable drawings, specifications. samples and/or other devoidnons given will be fit for the purposes intended and performed with the highest degree of care and cemptmce in accordance with aza,,Fd r andards for work of a collar nature. The Seller agrees to hold the purchaser harmless from my loss, damage or expense Which the Purchaser may supper or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any edgers or faults adsing within one (1) year or within such longer paned of time as may be prawnbed by law or by the terms army applicable warrant, provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imprfect or defective work done or materials furnished by the Seller. Acceptance or use of gaudy by the Purchaser shop not onentute a waiver army claim under this warrmry. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of as foregoing warranties or guarantees, bun such liability shall in no event include loss of prefits 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 a legal lama by carmen change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other Nan legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affect the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may many rime by written change order, terminate this agreement as to any or all portions of the goods than nor shipped, subject to any equitable adjtw , between the ponies as w my work or materials than in progress provided For Fire Purchaser shall was M liable for my claims for and cipted profits on the unamplared person of the goods and/or work for incidental or consequential damages, and that no such, adjustment be crude in favor of de Sella with respect w any goods which are the Sellers standard sock. No such termination shall relieve Free Purchaser or the Seller of any of their obligations as to my goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered 8. COMPLIANCE WITH LAW. The Seller wanmts the all gads sold hereunder shall have been produced sold, delivered and famished in net compliance write all applicable laws and regulations se which the goods are subject. The Seller shall execute and deliver such documm¢ as may M required to eppm or evidence compliance. All laws and regulations recruited to be, incorporated in agreements of this chameer, are hereby manifested herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all cos¢ and damages suffered by the Purchaser as a result of the Sellers failure in comply with such law. 9, ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or my monies due or to became due hereunder without the prior written anent of the other parry. I (1 TTTLE. The Seller wanme full, clear and moestrined tide w the Purchaser for all equipment materials, and hems furnished in performance of this Mrwment free and clear of any and all liens, resoinions, reservations, memory interest encumbrances and claims ofother, I1, NONWAIWR. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to 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 of the design, shall not release the Sal let of any of the warranties or obligations of this pcmhaso order and shall not be deemed a waiver of any right of the purchaser us insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless OF when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall my purported oral modifcmon or rescission of this purchase order by the Foresaw w operate as a waiver of any of the terms hereof 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognia, that in actual economic practice, overcharges resulting from antinnsl violations are in fact home by the Purchaser. Theretofore for goad cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all clams it may now have or hereafter acquired under federal or state antitrust laws for such overcharges refacing to the particular goods or semces purchased or acquired by the Purchaser pursuant to this purchase order. II. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to cancer nonconforming or defective goods by a data to M agreed upon by the Purchaser and she Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to M performed N the most expeditious means available to it and the Seller shall pay all away associated with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of she parry released and shall extend to the directors, officers and employees Of such party. The Seller's comuctual obligmens, urcluding warranty, shall not be dremed in 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 use any design, device, material or process covered by letter, patent, trademark or copynght the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the 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 infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or the intended use of the gaods, is in such suit held to wnsritue infringement and the use of said equipment or pan is enjoined, the Seller shall, in its own expense and at its optiun, either procure for the Purchaser the eight to continue using said equipment or puts, replace the same with substantially equal but mninfnnging equipment or modify it m it becomes nerinGnging. IS. INSOLVENCY. If the Seller shall become insolvent or bankrupt make an assignment for the benefit of anchu rs, appoint a ixoriveT or trustee for any of the Sellers property or business, this order may foMwth be canceled by the Purchaser haser without liability. 16. MVERMNG LAW. The definitions of terms Friend or the interpretation of the agreement and the Fill of all parties hereunder shall be construed under and governed by the laws of the Stare of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Representatives), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work in Sellers own risk until the same is fully completed and steeped, and shall, in e of any accident, destruction or injury to the work moiler materials before Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment we famished by others for installation or erection by the Seller, the Seller shall receive, unload, store and hardly same at the site and become responsible therefor as thought such materials and/or equipment were Ming famished by the Seller under the aide,. 18. INSURANCE, The Seller shall, at his own aspects, provide for the payment of workers compensation, including Occupational disease benefits, de its employees employed on or in connection with the work covered by this purchase order, mdlor to their dependents in accordance with the laws of the stare in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contran s! and automobile public liability insurance wito bodily injury and death limits of re leave EJOO,WO for any one person, $500.000 for any one accident and prepeny damage limit per accident of 5400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have been provided. Such c rtificmes shall specify the date when curb compensation and insurance have beet provided. Such certificates shall specify the date who such compensation and uscrounce expires. The Seller agrees the such compensation and insurance dull w maintained until after Fire mere work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for my and all damage, loss or injury of any kind or nature whaeoever 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 brimless the Purchaser and any or all of the Purchasers officers, agents and employees from and against my and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may he pm or subject by reason of my an, action, neglect Omission or default on the pan of the Seller, my of his commctom. or my of the Sellers or antractom officers, agents or employees. In use my sail or other proceedings most be brought against the purchaser, Or its off cars, agents or employees at my time an account or by reason of any act arnon, neglan, omission Or default of the Seller of my of his contractors or my of iv 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, to pay my and all co5e, charges, anam,, fees and other expenses, my 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 Obtained against the property of the Purchase% or said parties in or as a result of such suits or other proceedings, the Seller will an once came 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 guards newssary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limerion the Occupational Safety and Health Act of 1970 and all rules and reguations issued pursuant thereto. Revised 0712014