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HomeMy WebLinkAbout129763 RED ARROW MANUFACTURING - PURCHASE ORDER - 3215256Fort Collins PURCHASE ORDER Date: 01/12/2015 Vendor: 129763 RED ARROW MANUFACTURING 1761 E 64th AVE DENVER CO 80229 PO Number Page 3215256 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 Cleaning 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@fogov.com 1 LOT LS 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 swum the City offon Collins is exempt from ware and local taxes. Our Exemption Number is II. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificak of perfidy, 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon Strip performance of the terms and conditions hercoL failure or delay to Internal Revenue, Denver, Colorado (Ref Colorado Revsed Statutes 1923, 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, the acceptance of or payment for goods hereunder or approval ofthe design shall not release the Seller of Goods Rejected. GOODS REJECTED due m failure to meet specifications, either when shipped or due as defects of any of the warranties or obligations of this purchase order and shall trot be deemed a.waiver of any right of the damage in transit, may be remmed to you for credit and are not to be replaced except upon receipt of wnden purchaser to insist upon stria performance here for any ofies tights or remedies as many such good, regardless instructions from the City of Fon Collins. of when shipped. received or mcmted . to any prior or subsequent default hereunder, nor shall arty putponed oral modification or rescission of this purchase order by the Purchaser operate as a waver of any of the terms Inspection. GOODS are subject o the City of Fon Collins inspection on arrival. hermf Final Acceptance Receipt of the merchandise, services or equipment in response to this older cad result m 12. ASSIGNMENT OF ANTITRUST CLAIMS. mahon,ed payment on the part of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser red,fiiu des or actual eco rote practice, overcharges regular, from antimsst ACCEPTANCE is dependent upon completion of all applicable required inspection procedures violations we in fact home by the Purchaser. Theretofore for good cause and u consideration for executing this purchase order, the Seller hereby war as to the Purchaser any add all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of For Collins. 900 Wood Sr.. Find Collins. CO 80522. wless acquired under fedew or state antitrust laws for such overcharges relating to the particular good or services otherwise specified on this order. If permission is given to prepa,freight and charge separately, the original freight purchased or acqui red by the Purchaser pursuant to this purchase order. bill most accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have dismboting points in various parts of the country, shipment is expected Bom the near., distribution ,at ao ddgwdw, add excess freight will be deducted form Invoke when shipments are made from greater distance. Permits. Seller shall procure at sellers sale con all necessary permits, cenlficales and licenses required by all applicable laws, regulations, ordinances and odes of the state, municipality, territory or political subdivision where rue work is performed, or required by my other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Too Collins hmrdess from and against all liability and loss addrtied by them by reason of an timed or established violation of any such laws, regulations, ordinances, rules requirements. Authoriaation. All parties to this cons. agree that the represmtatives are, in fact, bona fie and possess full and complete whinny to bind said parties. LIMITATION OF TERNS. This Purchase Order expressly limits acceptance to the terms and conditions zrated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different moms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immedwely if you carmot make complem shipmem m some on ywr promised delivery date as noted. Time is ofthe essence. Delivery and performance most be effected within the time stated on the purchase order and the documents coached hereto. No ads of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a weaver of this provision. In the event of any 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, due Seller shall not be liable for damages u a result of delays due to causes not reasonably foreseeable which are beyond its reasonable coal and without its fault of negligence, such ails of God, ads ofeivil or military authonaes, governmenw prunes, fires, strikes, Flood, e,idemics, wars or dots provided that notice of the conditions causing such delay is given Or the Purchaser within five (5) days of the date when the Seller put received knowledge therm( In the event of my such delay, the date of delivery Shall be extended for the penod equal to the time actually log by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will ad N for the purposes intended, and performed with the highen degree of care and competence in accordance with accepted standard for work of a imllar nature. The Seller We. to hold the purchaser harmless from my lass, damage or expense which the Purchaser may suffer or inept on account of the Sellers breach of warranty. The Seller shall opium. repair or make good without cost 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 terms of my applicable warranty provided by the Seller after the dam of eceptnnce of the good famished hereunder facceptanw, not to be mreamoably delayed), resulting from impermir or defective work done or mammals furnished by the Seller. Acceptance or use rf good by the Purchaser shall not courn e a waiver of any claim under this warranty. Except es otherwise pro wided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing warranties or,dd—mu, ben such liability shall in no event include loss of profits or loss of use. NO ISWLIED 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 TERNS. The Purchaser may make my changes to the derma. other then legal terms, including additions w or deletions from the quarries originally —need in the apecificarons or drawing; by verbal or -mite change order. If tiny such change affects the amount due or the time of perfomtance hereunder, an equitable adjustment shall be made. 6. TERMBNATIONS. The Purchaser may at any time by written change order, terming¢ this agreement as to my or all portions of the goods then not shipped, subject to my equitable adjustment between the Parties as to my work or materials then in progress provided that the Purchaser shall not be liable for my claims for anticipated profits on the uncompleted pordan 9f the goods and/or work, for incidental or consequential damages. and that no such adjustment he made in favor of the Seller with respect m my but which are the Sellers ground stock. No such lamination shall relieve the Purchaser or the Seller of my of their obligations Is, to my goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date me change or termination is ordered 8. COMPLIANCE WITH LAW, The Seiler warmers that all goods sold hereunder shall have been produced, said. delivered and famished in strict compliance with all applicable laws and regulations to which the goods are subject The Seller shall execute and deliver such documents as may be required or effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character am hereby incorpoated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT Neither parry shall assign transfer, or convry, this order, or my monies due or Or become due hereunder without the pnor wnnm consent of the other perry. 10, TITLE. The Seller warrants full, clear and unrestricted mile to the Purchaser for all equipment, materials, and items famished in performance of this agreement fro and clear of my and all liens, residuum, reservations, secarry interest encumbrances and clams of others. I3. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS, If the Purchaser directs the Seller to commit nonconforming or defective good by a and to be agreed upon by the Purchaser and the Sella, and the Seller thereafter indicates its inability or unwillingness m comply, the Purchaser may cause the work to be Performed by the most expeditious means available to it and the Seller shall pay all costs gummed with such work. The Seller shall release the Purchaser and its contractors of any her 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 the parry released and shall extend in the directors, 9flicers and employees of such parry. The Sellers contractual obligations, including wamanry, shall not be deemed to he reduced, in any way, because such work is performed or caused to ed performed by the Purchaser. 14, PATENTS. Whenever the Seller is required to use any design, device, material or process covered by lesser, parent trademark or copyright, the Seller shall indemnify and save hamdess the Purchaser from my and all clams for infringement by reason of the use of such parmtN design, device nmmrial or process in cuonection with the contract, and shall indemnify the Purchaser for any cost oxpense or damage which it may be obliged. pay by reason of such inMn,ement at my time during the prosecution or aBa the completion of the work. In case said equipment or my pan thereof or the intended use of the goods, is in such suit held to consulate infringement and the use of said equipment or part is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the same with substmually equal bur noninMnging equipment or modify it so it becomes wninfnnging. 15. INSOLVENCY. If ere Seller shall become insolvent or bmkmpt make an assignment for the benefit of creditors, appoint a oneuver or trustee for my of the Sellers property or business, this order may forthwith he canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the rights ofad parties hereunder shall be construed under and govemed by the laws ofthe 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 Repreuntative(s), on the prewses admitted; 17. 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 my accident destruction or injury to the work and/or material before Seller's final completion and acceptance, complete the work a Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload sore and handle same ar the site and became osspernable therefor as though such materials md/or equipment were being famished by the Seller mode, me order. 18. INSURANCE. The Seller shall, in his own expense, provide for the payment of workers compensation, including occupational disease benefits, a its employees employed on or in connection with the work covered by this purchase order, =War as their dependents in accordance with the laws of the store in which the work is to be done. The Seller shall also carry comprehensive general liability includin& ben not limited to, cantracmal and auaomobile public liability i--nice wnh WGty injury and dOwh limits of err lea, sloo,OW for any one patron, lind.and for any one accident ard property damage limit per accident of S404y(R)0. The Seller shall likewise union, his contractors, if any, to provide for such compensation and insurance. Before my of the Sellers or his contractors employees shall do my mark upon the premises of others, the Seller shall famish the Purchaser with a cerlficam that such compensation and insurance have been provided Such c niocams shall specify the dace when such compensation and insurance have been provided. Such cerdfiwtes shill specify the daze when such compensation and insurance expires. The Seller agrees then such compensation and insurance "I be maintained taper after the entire mark is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby sesurnes the entire responsibility and liability for my and all domagn loss or injury of any kind or aware whatsoever 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 Set let will indemnify and hold harmless the Purchaser and my or Al of the Purchuers officers, agents and employees from and against my and all clams, losses, damages, charges or expenses, whether direct or indirect and whether to Persons or pro,, ao which the Purchaser may he par or subject by reason of my at action, neglect omission or deftult on the pan of rise Seller, my of his contractors, or any of the Sellers or contractors officers, agents or employee. In was my sort or other proceedings shall be brought against the purchaser, or its officers, agency or employees at my time an azwum or by reason of my am action, neglect, omission or default of the Seller of my of his contractors or my of its or their officers, agents or employees as aforesaid, the Seller hereby agrees m assume the defense thereof and to defend the same at the Sellers own expense, to pay my and all costs, charges, attorneys fees and other expenses, my and Al judgmen6 that may be incurred by or obtained ageing the Purchaser or my of its or their officers agents or employees in such suits or other proceedings, and in cue judgment or other lim be placed upon or obtained against the property of the Purchaser, or cod parties in or as a mutt of such mlrs or other proceedings, the Seller will at once wage the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, fumish and instal all guard necessary for the prevrnman 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 woman thereto. Revised 07=14