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HomeMy WebLinkAbout107294 RED WING SHOES - PURCHASE ORDER - 3215257Fort Collins Date: 01/12/2015 Vendor: 107294 RED WING SHOES 3645 S COLLEGE AVE FORT COLLINS CO 80525-3009 PURCHASE ORDER PO Number Page 3215257 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 Buver: 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 Safety boots & 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 Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 rr fRIT111MS3r OM= m , T r TTTiGT�i Page 2 of 2 L COMMERCIAL DETAILS. Taxexemplions. By statute the Ciry of Fort Collins is exempt from state and local taxes. Our Exemption Number is II. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Fsllure of the Purchaser to insist upon strict peetwormce of the arms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statures 1973, Chapter 39-26, 114 (a) exercise any nghm or comedies provided herein or by law, failure to promptly notify me Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval of the design shall not release the Seller of Goads Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of me warranties or obligations of this purchase order and shall not he deemed a waiver of any right of the damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon stria performance henmf or any of in rights or remedies to to any such goods, regardless instructions from the City of Fan Collins. of when shipped, received or accepted, u to any prior or subsequent default hereunder, nor shell any purported oral modification or rescission of this purchase order by me Purchaser operate our a waiver of any of the terms Inspection. GOODS are subject to the City of ran Collins inspection on amval. hereof. Final Acceptance. Receipt of the merchandise, services or aeuipmmt in response to this order can r esult in 12, ASSIGNMENT OF ANTITRUST CLAIMS. authonmd payment on the pan of the City of ran Collins. However, it is to be m scroupod thatFINAL Seller and the Purchaser recognise that in actual economic practise, overcharges rmdm ting from tinnt ACCEPTANCE is dependant noon completion of all applicable rryuired inspection procedures. violations arc in fan home by the Purchaser. Theretofore,for good cause and as considersom for executing this purchase mdea die Seller hereby assigns tome Pu¢hamr, any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St, Fort Collins, CO 80522, unless acquired under federal or note antitrust laws for such overcharges relating to me particular goods or services otherwise specified oa this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuanuo this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various pares of me century, shipment is expected from the nearest distribution point to destioauon, and excess freight will be deducted from Invoice when shipments we made from greater distmce. Permits. Seller shall procure at sellers sole cast all necessary permits, cenificatw and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipal iry, territory or political subdivision where me work is perforated, or required by any other duly constituted public aumoriry having jur whamn over the work of vendor. Seller father agrees to hold the City of Fort Collins harmless from and against all liability and lass incurred by them by reason of an evened or established violation of any such laws, regulations, ordinances, rides andcorequirements. Aumorimtion. All parties to this contract agree than the tepresentatives are, in fact bona fide and possess full and complete aumoriry to bind said parries. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions srated herein set Each 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 to arrive an your promised delivery date as, noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents anazhed hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shell operate as a waiver of this provisionto the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, me option of placing this order elsewhere and holding the Seller liable for damages. Hoorew, , me Seller shall not be liable for damages u a result of delays due in canes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such aces of God, acts of civil or military ruthondes, govemmantal priorities, foes, strikes, Rand, epidemics, was or mars provided that nonce of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller fast received knowledge thereof In the event of any such delay, the date of delivery shall be extended for me period equal to the time actudly Ian by most of the delay. 3. WARRANTY. The Seller warrants that all goo6, articles, materials and work covered by this order will conform with applicable drawings, specification, samples and/or other descriptions given, will be fit for die purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a imilar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wananry. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (I) year or within such longer period of time as may be prescribed by law or by the leans ovary applicable warranty provided by the Seller after the date 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 command a moor of any claim under this most Except as otherwise provided in this punitive order, She Sellers liability hereunder shall emend to all damages proximately caused by the breach of any of the foregoing warmntin or guaromme , but such liability well in no event include lass 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 <hangw to Icga1 It. by wnnen change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser an may make y changes to the terms, other then legal to including additions to or deletions from mts i e quares originally ordered in me specification or drawings, by verbal or wrinen change order. If any such change affects the amount due or the time ofperformanco hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The forwhassor may at any time by wroom change order, terminate this agreement as to any w all portions of the goods then not shipped, subject o any equitable adjustment between the parties as to my work or materials then in progress provided that me Purchaser shall not be liable for my claims for anticipated profits on the uncompleted portion of the goods and for work, for incidental or mnsequenual damages, and that no such adjuemmt be made in favor of the Seller with respect to my goods whiHr are the Sellers standard stock. No such termination shill relieve the Purchaser or the Seller of my of their obligations as to my goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. I. COMPLIANCE WITH LAW, The Seller wi manes mat all goods sold hereunder shall have been produced to, 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 to effect or evidence compliance. All laws and regulations required no be coryorated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from ill costs and damages suffered by me Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or canvwy this order, or my movies due or to become due hereunder without the poor wnnen cam ant of the omen P.M. 10. TITLE. The Seller warrants full, clear and unrestricted vile to me Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of my and all liens, rwtoctiom, reservations, security interest encumbrances, and claims of.thim, 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by me Purchaser and the Sellee and the Serer thereafter indicates its irubJity or unwillingness to comply. the Purchaser may cause the work to be performed W the anon expeditious means available to it and the Seller shall pay all costs uwciated with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any name resulting from the performance critter work. This release shall apply even in the event of fault of negligence of me parry released and mall extend to the directors, officers and employees ofsuch party. The Sal lees contractual obligations, including wananry, shall not be deemed to be reduced, in my 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, matenal or process covered by letter, patent, trademark or copyright, me Seller shall indemnify and save hxamlev me Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in automation with the consumer, and shill indemnify me Ptualum r for any cost exp ra a or damage which it may be obliged to pay by reason of such infringement at any time during me prosecution or after the completion of the work In cue said equipment, or any pan thereof or we intended use of the goods, is in such suit held to constitute infnngement and me use of said equipment or pan is enjoined, the Seller shall, at its ram expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment or modify it so it becomes naninfonging. Is. INSOLVENCY. If ma Seller shall become insolvent or bankcupt make in avignment for the bereft of creditors, appoint is receiver or trustee for any of the Sellers property or business, this order may foNtwim be canceled by me Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the rights ofall parties hereunder shall be construed under and governed by the laws of the State of Colorado, USA. The following Additional Condition apply only in crew wbere the Seller is to perform work hereunder, including the senices of Sellers Representative(s), on the premlzw of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers awn risk until the same is fully completed and accepted, and shall, in e of any accident, destruction or injury to the work and/or materials before Seller's firm completion and acceptance, complete the work at Seller's own expense and to me satisfaction of the Purchaser. When materials and equipment are fiurridyal by others for in collation or co cdon by the Seller, the Seller shall receive, unload. store and handle same m the site and become reWonible therefor as though such materials and/or equipment were being famished by the Seller under the order. IS. INSURANCE, The Seller shell at his own expense. provide Ton the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by mis purchase order, condor to their thermal in accordance with the laws of the state in which the work is to be done. The Seller shall also carry, comprehensive general liability including but Out limited to, cano-zctual and automobile public liability innovative with bodily injury and dead limits of in least S3W,o00 for any one person. S500,00o for any one accident and property damage limit per accident of S4N.W0, The Seller shall likewise require his contractors, if any, ed provide for such compensation and insurance. Before any of me Sellers or his contractors employees shall do any work upon me premises of others, the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shop specify the date when such compensation and insurance havvewor provided. Such cmaricams shall specify the date when such compensation and insurance expires. The Seller agrees mat such compensation and insurance shall be maintained until after me entire work is completed and accepted. 19. PROTECTION AGAW Sf ACCIDENTS AND DAMAGES. The Seller hereby assumes me more responsibility and liability for my and all damage, loss or injury of any kind or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order er in connection herewith. The Seller will indemnify and hold harmless 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 me Purchaser may SO put m subject by reason of my act aztian, neglect, omission or default on the pan of the Safe,, any of his contractors, or my of the Sellers or contractors offers, agents or employee. In case my suit or other proceedings shall be brought against me Purchaser, or its officers, agents or employees ad way time on accotmt or by reason of my act, action, neglect, omission or default of the Seller of any of his contractors or my of its or their officers, agents or employees as aforesaid the Seller hereby agrees to assume the defense thereof and to defend me same an die Sellers own expense, to pay any and all costs, charges, anomeys face and other expenses, my and all judgments that may the incurred by or obtained Maine me 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 Purchaser, or said panes in or as a result of such suiu or other proceedings, the Seller will at once we the same to be dlswlved and discharged by giving bond m mjro riae. The Seller and his contractors shall take at safety precautions, famish and install all guards necessary for the prevartion 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 rules and regulations issued pursuant thereto. Revised 07Y2014