Loading...
HomeMy WebLinkAbout542011 LARUE DISTRIBUTING INC - PURCHASE ORDER - 3215277of Fort Collins Date: 01/13/2015 Vendor: 542011 LARUE DISTRIBUTING INC PO BOX 451119 OMAHA NE 68145 PURCHASE ORDER PO Number Page 3215277 +eft This number must appear on all invoices, packing sli s and labels. Ship To: ELECTRIC 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 1 Blanket Orderfor 2015 Coffee Supplies for 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:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com 1 LOT LS 20,000.00 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 I. COMMERCIALDEfA1LS. Tax exemptions. By statute the City of Too Collins is exempt from state and local taxes. Our Exemption Number is H. NON WAIVER. 98-04502. Federal Excise Tax Exemption Cenifcam Of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to Intcmal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). exercise any rights or remedies prodded herein or by law, failure to promptly notify the Seller in the cram of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to fail. to mad specifications, either when shipped or due to defects of any of the warranties or obligation of this purchase order and shall not be darned a waiver of any right of the damage in firsio t may be ocmmed to you for credit and are cat to be replaced <xcem upon receipt of women purchaser to insist upon area p rhos mmla fromm.r any of is old. m demedies as to any Bach good, regmdless intmdiom from the City of Fort Collins. of what shipped, received or accepted, an to any prim or subsequent default hereunder, rim shall any pmponed .1 modification ear rescission of this purchase order by the Purchaser operate as a waiver of anY of the terms Inspection. GOODS art subject to the City of Pon Collins impation oh radical. hereof. Final Araptmce. Rmeipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. auth aimed payment on the pan of the City of Fort Collins. However, a is to be understood that FINAL Sella and the Purchaser recognize that in actual economic practice, overcharges resulting fmm antitrust ACCEPTANCE isdependent upon wmpletionofall applicable required inspection procedures violations are In fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, Be Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments most ha F.O.B.. City of Fort Collins, 700 Wood Sr, Fort Collins, CO 80522. unless acquired under facml or sure antitrust laws for such overcharges relating to the particular goods or services otherwise specified tea this order. If permission is girat to prepay freight add charge separately, Be original freight purchased or acquired by the Purchaser moment to this purchase under. bill must acwmpany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance.riser Where manufacturers have distributing points in.agora parts of the enwtry,voceshipment m iftheParal paron, ad is dabilitvegoodbyadase to nonconformingerindicates distribution point to dntimtion, and excess freight will be deducted from Invoice when expected from the a co ply. heponbythe it dermlaffie indicerimits inability or unwillingnessd comply, the Pmchuer aS and the Sellery the Sella, Pmy.. end the Shipments are made from grcmm distance. firm the may cause the work to ch performed by .M1e mod expedition mean available m it and the Seller shall pay all work casts associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, catilicates and licenses required by all applicable laws matimium, ondinances cad rules of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly mmtituted public authority having jurisdiction over the work of vendor. Seller funkier, agree ro hold the City of Too Collins hart fmm end agalnl all liability and lass incurred by them by reason of as asserted or established violation of any such lass, regulations, ardimanees, hies and ryuitemmts. Authoricadium All parties to this comma agree that the mormentativw are, in fact, bona fide add possess full and complete authority to bind said parties. [,IMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions sorted herein set fifth and any supplementary or additional leans and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by Seller are objected to sued hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery time as holed. Time is of the essence. Delivery and performance must be abetted within the time stated on the purche ae order and the documents attached hereto. No acts of the Purchowrs including• without limitation, acceptance of panial late deliveries shall operate as a waiver of this provision. In the went of eery delay, the Purchaser shall have, in addition to other legal and equitable remedies, the 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 arc beyand its reasonable control and without its fault of negligence, such acts of God, in of civil or military authorities, governmental priorities, fires, strikes, noted, epidemics, wars or dots provided that notice of the conditions musing such delay is given to the Purchaser within five (5) days or the time when doe Seller first received knowledge thereof In the event of any such delay, the date of delivery shall he extended for the period equal m doe time actually last by ocamn ofthe delay. 3. WARRANTY. The Seller wartenis tom all goods, micles, puma ds and work covered by this order will cant with applicable drawings, specification, samples Shamir other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and compience in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchast, harmless from any fss damage or expense which the Purchaser may suffer or incur on Serum, of the Sellers breach of warranty. The Seller shall replace, repair or make goad, without cast to the purchase, any defects or faults arising within one U) year or within such longer period of time as may be prescribed by law or by the terms of ery applicable wamenry prodded by the Seller after the date of acceptance of the goods famished hereunder (acceptance not in be umessowbly delayed), resulting fmm imperfect or defective work done or matenals furnished by Be, Sella Acceptance or use of goods by the Provisioner shall and constitute a waiver ofany claim under this warranty. Except as, otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages Femininely caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no went include Inns of proNs a 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 tents by written change order. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletion from in. gn,milc originally undated in the mesibnNom or dmwmgs, by visual or written change codertf any .an change aHbcts the amount due or the time ofperffir ence hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement mu to any or all ponioas of the goods then stet shipped, subject to any equitable adjustment between the pansies as to any work or materials then in progress provided that the Purchaser shall no. be liable for any claims for anticipated profits on the uncompleted pmnion of the goads andor work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which arc the Sellers standard stock. No such nomination shall relieve the Purchaser or the Seller ofany of their obligations as to any good delivered hertwder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assured within thirty (3p) days fmm the dam the change or m nnination is ordered. 8. COMPLIANCE WITH LAW. The Sella warrants that all goods sold hereunder shall have ban produced, sold, delivered and fumished in strict compliance with all applicable laws ard regulations to which the goods arc subject. The Seller shall exam a and deliver sock documents as may be rryuited to effect or evidence compliance. All laws and regulation required to be incorporated in idom nena of this doemeder art hereby fractionated herein by this deference. The Seller agrees to maharani and hold the Purchaser harmless fact all rods and damages suRerd by she Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this meet, or any monies due or to become due hereunder without the prior written ennial of the other party. 10. TITLE. The Seller warns full, clear and umesdrided title to the Purchaser for all equipment materials, and items fumished in performance of this agreement, firm and clear of any and all lien, restriction, reservations, security interest enewnbrwces end claims ofsathers. The Seller shall alesse the purchaser and its contractors of any riff from all liability and claims of any names resulting from the performance of such work. This ocksse shall apply even in the went of fuel. of negligence of de pant .dared it shall extend to the directors, afters and employees of such party. The Sellers contactual obligatiom, including wamnty, shall Out be, damed to be reduced, in any way, bmone such work is performed or eared to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by later, patent, trademmk r copyright, the Seller shall indemnify end save harmless the Purchaser from my 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 rezmn of such infringement at any time during the prosamion or after the completion of the work. In case said equipment, or any pan theocrat or the intended one of the grads, is in such suit held to constimm infraingement add the use of Send ga,dral or pan is joined, the Seller shall, al is a. expense end al its opdo., either procure for the Pmchamr the right to continue using said equipment or pads seplaoe the same wind substantially equal but noninfringing cquipmmt or modify it so it becomes noninfringing. 15.INSOLVENCY. If the Seller shall become imteb'ent or bmd.mpt make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or tininess, this order may forthwith IN canceled by the Purchaser without liability. 16. GOVERNING LAW. The definition ofterms used or the interlocution ofthe agreement add the rights of all pansies hereunder shall be comdmed under and governed by the laws ofthe Sale of Colorado, USA. The fallowing Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Represenutive(s), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall cony oh said work a. Sellers owe risk until the same is fully completed and accepted, and shall, On use of any accident destruction or injury to the work and/or materials bet Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment art fumished by others for installation or erection by the Seller, the Seller shall receive, unlmd, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being fumished by the Seller under the order. 18. INSURANCE.. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to is employees employed on or in correction with the work covered by this purchase order, andlhr to their dependents ht acrordance with the laws of Be state in which the work is to b , done. The Seller shall also carry comprehensive general liability including, but not limited W. contractual and automobile public ...bit,, ias .on bWily injury no death fear. of m lec9 S30m n fat any one pero mr, 55MPCO firs, any one accident and pri damage limit per accident of S400,000. The Seller shall likewise require his comoscon, if any, to provide for such compassion and nor ance. impose any of me Sellers Or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Foreigner with a certificate that Such compensation and insurance have been provided. Such crtificaes shall specify the date whm such compensation and insurance have been provided. Such c rdfimtes shall specify fie date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall h<mammmed until after the entire work is completed and samptal. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby Samurai the entire responsibility and liability for any and all damage, loss or injury mfmy kind or ntme whaamver to Famous or property caused by or resulting from the execution of the work provided for in this purchase order or in cmmectfon herewith. The Sella will indemnify and hold hmmless the Purchuer and any cr all of the Pumhuers officers, agents and employees fmm and against any and all claims, Irises, damages, harges or expenses, whether direct or ordinal, and whether to persons or properly to which the Purcharna may be put or subject by reason of any act, action, neglect, omission or default tan the pan of the Selleq any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall Ire brought against the Purchssm or its ORcers, again err employees at any time on account or by ream. of any act, isfim, neglect, omission m default of the Seller of any of his contactors or any of its or their officers, agents or employees to aforessici, the Seller hereby agrees to usume the defame thermf not to defend the same al she Sellers own expense. to pay any and all cans, charges, mtomeys fees and safer expenses any and all judgmena that may be incurred by or obtained against the purchaser m any of its or their officers, agents or employees in such suits or other proceedings, and in mu judgment or other lira be placed upon or obtained against the property of the Purchmer, or said pasties in or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take .11 safety precautivas, furnish and install all guards nammry for the prevenlim of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all tales and regulation issued pursuant thereto. Revised 07/2014