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HomeMy WebLinkAbout132798 MSC INDUSTRIAL SUPPLY CO INC - PURCHASE ORDER - 3215246Fort Collins Date: 01/12/2015 PURCHASE ORDER Vendor: 132798 MSC INDUSTRIAL SUPPLY CO INC DEPT CH 0075 PALATINE IL 60055-0075 PO Number Page 3215246 1012 This number must appear on all invoices, packing all sand 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 i 2015 BLANKET ORDER 1 LOT LS 20,000.00 Misc. 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 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 me City of Fort Collins is exempt from state and local taxes. Our Exemption Humber is 9844502. Federal Excise Tax Exemption Cenifcate of Registry 84-5000587 is registered wirh the Collector of Internal Revenue, Denver, Colorado (Ref Colorado Revised Member, 1973, Chapter 39-26. Ili Lig Goods Rejected. GOODS REJECTED due to failure or meet specifications, either when shipped or due to defects of damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written instructions from the City effort Collins. lactation. GOODS are subject to the Gry effort Collins imp xtion on arrival. Final Acceptance. Receipt of the merchandise, service or equipment in response to this order can result in audamsed payment cat me pan of the City of Fort Collins. However, it is to be understood thatFINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipments must be F.O B., City of Fort Collins, mo Weod Se, To" Collins. CO 80522, unless otherwise specified on this ender. If pnmission is Ivan to prepay freigbt and charge separately, the original freight bill most mcoapaoy invoice. Additional charges for packing will not he accepted. Shipment Dicama. Where manufacturers have distributing forms in various pant of the country, shipment is expectN from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole toss all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rWe of the site, municipality, territory or political subdivision where the work is performed, or required by my other duly coandumd public authority, having jurisdiction over the work of version. Seller further agrees to hold me City of Fan Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of my such lawn, regulations, ordinances, rules and requirements. Auguarma ion. All parry, to this contract agree that the representatives are, in fast, bona fide and possess full and complete authority or bind said parties. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terms and condirons maned herein set feed and my supplementary, or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different erms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance most be effected within the time stated m the purchase order and the dpcuments attached hereto. No mu of the Forecasters including without limitation, acceptance of partial late deliveres, shall operate as a waiver of this provision. In the event of my 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 damage. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its metronome control and without its fault of negligence, such acts of God, ma of civil or military authorities, governmental priorities, fires, stnkes, Boo4 epidemics, wars or riots provided that nonce of the conditions causing such delay is given to due Purchaser within five (5) days of the time whom the Seller first received knowledge than of In the cargo of my such delay, the date of delivery shill be ematded for the penod equal to the time actually lost by reason of the delay. 3. WARRANTY, The Seller warrants this all goods, articles, materials and work covered by this order will conform with applicable drawings, spaifications, samples doctor other descriptions give, will be fit for she purywes intended, and performed with the highest degree of come and competence in accordance with accepted mmdards for work of a lumbar name. The Seller agrees to hold de purchaser harmless from my loss, damage or expense which the Purchaser may suffer m incur on mcmmr of the Sellers breach of wanmry. The Seller shall replace, repair or make good, without cos, 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 the herm. of my applicable warmly provided by the Seller after the data of acceptance of the goods furnished hereunder (acceptance no,to be unreasonably delayed), resulting from imperfect or defective work done or materials Famished by the Seller. Acceptance or we of goods by the Puwhwer shall not consulate a waiver of my claim under this warmly. Except as, otherwise provided in this purchase order, the Sellers liability hereunder shall expand to all damages proximately tamed by the breach of any of site foregoing warranties or guaren4es, ba suit liability shill in no evens include loss of profits 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 Purchroser may make any changes to the terms, other than legal micards. including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or whom change order. If my such change of er s the amount due con the time m1 performance herewder, an equireble adjustment shall be made. 6 TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement w to my or all portions of the goods them not shipped. subject to my equitable edjwrment between the parties as, or my work or materials then in progress provided den de Purchaser shall not he liable for my claims for anticipated profits on the uncompleted portion of de grads anchor work, for inciderall or consequential damages, and that no such adjustment he made in favor of the Seller with respect to any goods which are the Sellers standard sack. No such h nttinaron shall relieve the Purchaser or de Seller of my of their obligations as to my goods delivered hereunder. ). CLAIMS FOR ADJUSTMENT. Any claim for adjwamem most be asserted within thim (30) days from the done me change or eammatim is ordered. 8. COMPLIANCE WITH LAW. The Seller wmmu that ill .it, sold hereunder shill have been produced, sold, delivered and famished in must compliance with all applicable laws and regulations 0 which de goods are subject. The Seller shall execute and deliver such documenu as may be required to effect or evidence complouncs. 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 the Purchaser harmless from all costs and damages suffered by the Purchaser us a result of the Sellers (allure to comply aid such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the ,nor wring consent of me other parry. 10. TITLE. The Salter wanma full, clear and wr striaed tide to de Purchaser for all equtpmgL materials, and items famished in performance of this agreement, free and claim of my and sal liens, restrictions, reservations, saunry interest encumbrances and claims of others. 11. NONWAIVER. Failure of the Purchaser to insist upon shot Ferfomance of the terms and conditions heren( failure or delay to smance any rights or remedies pmvlded herein or by law, failure to promptly notify the Seller in the event of a breach, the amepunce of or payment for goods hereunder or approval of the design, shall not release the Seller of my of the warranties or obligations of this purchase order and shall not be deemed a waver of any right of the purchaser to insist No sofa performance hmeofm any of its rights or remedies as many such goods, regardless of when shipped, received or accepted, as to any prior or subsequent defeuh hereunder, nor shall any puryoned oral modification or rescission of this purchase order by the Purchaser operate as, a waiver of my of the mom hereof. 12. ASSIGNMENT OF ANTITRUST CLAI NS. Seller and the Purchaser retagnam that in actual ecowtrme practice, Overcharges resulting from women violations we in fax Nome by de Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under federal or state sntitrvn laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuanuo this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser direc¢ the Seller to correct nonconforming or defective goods by a daze to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Seller shell pay all costs associated with such work. The Seller shall release due Purchaser and its contractors of my net from all liability and claims of my nature resulting from the parmish mce of such work. This release shill apply even in the event of fault of negligence of the parry released and shall extend to the directors, officers and employees of such party. The Sellers contractual obligations, including warrmry, shall not be deemed to be reduced, in my way, because such work is perfarmed or caused to be performed by the Purchaser. Id. PATENTS. Whenever the Seller is required to use my deign, device, mateaial or process covered by letter, patent, trademark r gpyugM, the Seller shill indemnify and save harmless the Purchaser from my and all claims for infringement by reason of the use of such parented design, device, mammal or process in connection with the contrast, and shall indemnify the purchaser for my tort, expense or damage which it may be obliged to pay by reason of such infrngemem at my time during the prosecuron or after the completion of the work. In cars said equipment, or my pan thereof or the intended use of de goods, is in such suit held to constimae infringement and the use of said alupment or pan is enjoined, the Seller shill, at its own expense and a its option, either procure for the Purchaser the right to gntinue using said equipment or parts, replace the same with substantially equal but naninfringing equipment, or modify it so it becomes reninfnnging. 15_ INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, sppoim a receives or trustee for my of the Sellers property or suspect, this order may foMwid be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or me interpretation of the agreement and me rights of all ponies remainder shall be consoued under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where me Seller is to perform work herewd, including the services of Sellers Representative(s), on the premses wastes ❑. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepte4 and shall, in e of my accident, destruction or injury to the work anchor materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When nationals and equipment are famished by Others for instillation or erector by she Seller, the Seller shill receive, unload. mare 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. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection win the work covered by dis purchase order, anchor a their dependents in accordance win the laws of the state in which the work is a be done. The Sel let shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at trust 5300,000 for any one person, $500,000 for my one accident and propwim damage limitIRp per accident of Sf00,. The Seller shall likewise require his tontracars, if ex , to provide for such compensation and irarriace. Before my of the Sellers or his contractors employees shall do my work upon the premises of others, the Seller shall famish the Purchaser with a certificate than such compensation and insurm a have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such comficams shill specify the data when such compenchumn and insurance expires. The Seller agrees that such compensation and insurance shall be complained until after the more work is smpleed 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 my kind r nature whatsoever to persons or property caused by or resulting from the execution of me work provided for in this purchase order or in comeaion herewith. The Seller will indemnify and hold harmless the Purchaser and my or all of the Purchasers officers, agents and employees from and wrot my and all claims, losses, damages. charges m expenses, whether direct or indoms, and whether to persons or property to whorls be Purchaser may he put or subject by reason of my act, action, neglaL omission or defmh an the pan of the Seller, my of his commissions, or my of the Sellers or contmcwrs officers, agents or employaa. In use my snit or other proceedings shall be brought again the Purchaser, or its officers, agents or employees as my time w account or by resew of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seiler hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay my and all costs, charges. anomeys fees and other expense, my and all judgments den may he incurred by or obtained again the Purchaser or my of its or their officers, agents or employees in such suits or other proceedings, and in case ludgmertt or other lim be placed won or obtained again the property of the Purchases or shad parties in or u a result of such suits or other proceedings, the Seller will at once came the same to be dissolved and discharged by giving bond or otherwise. The Seller and his comments shall take all safety prommo ns, furnish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but withom limltatioo, de Occupational Safety and Health At of 1930 and all piles and regulations iaued pursuant demso. Revised 01R014