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HomeMy WebLinkAbout105380 SAM'S CLUB DIRECT - PURCHASE ORDER - 3215262Fort Collins Date: 01/12/2015 Vendor: 105380 SAM'S CLUB DIRECT ACCT #0402 39160735 5 4700 BOARDWALK DR FORT COLLINS CO 80525-3729 PURCHASE ORDER PO Number Page 3215262 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 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 i 2015 Blanket Order Supplies & membership 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 10,000.00 10.000.00 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 1. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fan Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Cenificam of Registry 84-6NO587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref Colorado Revised Statures 1973. Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECTED due to failure in meet specifcamen. either when shipped or due to defects of damage in trmslt. may be returned to you for credit and we rot w be replaced except upon receipt of women instructions from the City of Fon Collins. Inspection. GOODS are subject to the City attract Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, mthse r equipment in response to this order can result in autlwnd payment on e pan of the City of Fort Collins. However, it is understood undeood thatFINAL. ACCEPTANCE is dependent upon completion of all applicable required inspection procedure, Freight Terms. Shipments most be F,0 B., City of Fog Collins, 7W Wood St, Fog Collins, CO 80522. pilots otherwise specified on this order. If permission is given to prepay freight and charge separately, the anginal freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various parts of the country. shipment is expected from the nearest distribution point to destination, and excess freight will be deducted fmm Invoice when shipments tie made from greater distance. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereaf failure or delay to y rights or remedies provided herein or by law, failure to promptly notify me Seller in fe event of a breach, anrhe acceptance of or payment for goods hereunder or approvA of the design, shall not release roe Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of my right of the purchaser in insist upon srom performance hermfor any of its rights or remedies as 0 my such goods, regardless of when shipped, received or accepted, as to my inner or subsequent default hereunder, nor shall my purported area modification or rescission of this purchase order by the Purchaser operate as a weaver of my of the terns hereof 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize thin in actual eccis practice, overcharges resulting from antivusr In, th violations are in fact home e Purchaser. Thembefare�for good oatne and as consideration for executing this purchase order, the Seller hereby aui,as to the Purchaser my and all claims it may now have or hereafter acquired under federal or some women laws for such overcharges relating w the particular goods or services purchased or acquired by me Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a daze to b, agreed upon by me Forgoer and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work w he performed by me mot expeditious meets malable to it and the Seller shall pay all costs associated with such sort. Permits. Seller shall procure at sellers sole rest all necessary permits, certificates and licenses required by all applicable laws, regulations, ordnance, and odes of fc stare, municipality, territory or political subdivision where the work is performed, or required by my other duly constituted public immunity having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an assened or established violation of my such laws, regulations, ordinances, roles andrgdromenrs Authorization. All peones to this contract agree thaz the represmmtivts are, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions saamd herein set forth and my 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 canna make complete shipment w arrive on your promised delivery dine as noted. Time is of the essence. Delivery and performance anus be effected within the time stated on the purchase order and the documents coached hereto. No acts of the Purchasers including without limitation, acceptance of partial late deliveries, slid] operate as a waver of this provision. In den 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, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of (rod, acts of civil or military somenges, governmental priorities, fires, strikes, Boot epidemics, wars or dots provided then notice of the conditions causing such delay is given in the Purchaser within five (5) days of the time when the Seller first received knowledge thetenf In the event of my such delay, the date of delivery shall be, extended for the pmod equal to the time actually lost by reason of the delay. 3. WARRANTY, The Seller warrants that all goods, miles, materials and work covered by this order will conform earth applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in aererdance with accepted standards for work of a imllar nature. The Seller agrees to hold the purchaser hornless from my loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breath of wasanry. The Seller shall replace, repair or make good without cost to the purchaser, my defeats or faults arising within one (1) year or within such longer period of time as may be presented by law or by the tapirs of my applicable warmnry provided by the Seller after the date of eceprmce of the goods famished hereunder (acceptancen not be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of good by the Purchaser shall not onstitme a waiver of my 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 my of the foregoing wmmtles or maganres, ben such liability shall in no event include loss of profits or loss of use. NO MPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make charges to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes to the terms, order Nun legul corms, including additions to or deletions from the qummies originally ordered in me specification or drawings, by verbd or wrinen change order. If my such change effects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TER,MINATIONS. The Purchaser may in my time by wnnen change order mrminde this agreement as to my or all portions of the good then not shipped, subject to my equitable adjurment between the ponies 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 portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in Favor of the Seller with respect w my goods which are the Sellers standard stock. No such termination shall relieve she Purchaser or the Seller ornate of their obligations as to my good delivered hereunder. T CLAIMS FOR ADJUSTlIST. Any claim for adjustment mutt be asserted within thirty (30) days fmm the due me change or termination is ordered 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shill have been produced, said, delivered and furnished in strict compliance with all applicable laws and regulations to which the good are subject. The Seller shall execute and deliver such documents as may be required to effort orevidence compliance. All laws and regulations required in be incorporated in agreements of this character are hereby inrerpomted herein by this reference. The Seller agrees w indecrrily and hold the Purchaser harmless from all rusts and damages suffered by the Purchaser as a result of the Sellers failure to comply with such have 9. ASSIGNMENr. Neither parry shall resign, transfer, or convey this order, or my monies due or to become due hereunder without the prior women consent of the other parry. 10. TFTLE. The Seller warrants full, clear and unressnered rifle to the Purchaser for all quipmenL materials, and items furnished in performance of this agreemmL free and clear of my and all lien, resvimions, reservations, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of my der from all limi liry and claims of my 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 to the drectors, officers and employees of such parry. The Selle's convicted obhga orris, including warranty, shall rot 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 rquired to use my design, device, ra enal or process covered by lever, permat, trademark or copyright. the Seller shall indemnify and save harmless the Purchaser from my and all clams for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Pear laser for my cos, expense or damage which it may be obliged to pay by reason of such infringement at my dune during the prosecution or after the completion of the work. In care, said equipment. or my pm fermf or the intended use of rue good, is in such suit held to romvtud infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said entrapment or pens, replace the same with substantially equal but nonintringing equipmen, or modify it so it becomes noninMnging. 15. INSOLVENCY. If me Seller shall become insolvent or bmkmpL make an assignment for due benefit of creditors, appoint a receiver or trustee for my of due Sellers property or business, this order may fonAwith be canceled by the Purchaser witham liability. 16. GOVERNING LAW. The definitions of corms used or the modroemtion of the operating and the rights of all parries hereunder shall be consnued under and governed by me laws of the Some of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Repreacnmron(s), on the p wermas of others. 11. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Settees own nsk until the same is fully completed and accepted, and shall, in e of my accident destruction or injury to the work andror controls before Sellers final completion and acceptance, complete the work at Selleran 's own expense d to the contraction of the Purchaser. When mangers and equipment are furnished by others for installation or erection by the Selleo the Seller shall receive, mound, store and handle same at due site and become responsible therefor as though such immunity andror equipment were being furnished by the Seller under the order. 18_INSURANCE, The Seller shill, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, md/or to their dependents in accordance with the laws of the site in which the work is w be done. The Seller shall also carry comprehensive general liability including, but not limited to, commend and automobile public liability insurance wi h buddy injury and doom limits of at least g300,000 for my one person, S500,0o0 for my one accident and property damage limit per accident of L100.000. The Seller shall likewise require his cogramestors, if my, to provide for such compensation and insurance. Before my of the Sellers or his contractors employees shall do my work upon the premises of others, the Seller shall fimnish the Purchaser with a cartifcate that such cumynnsation and insurance have been Provided. Such certificates shall specify the time when such compensation and insurance have been provided Such ennificates shall specify the time ohm such compensation and insurance expires. The Seller agrees that such compensation and insurance mall be maintained until after the moire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby as es the more responsibility and liability for any and all damage, loss or injury of my kind or nature whatsoever to persons or property caused by or resdent from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and my or all of the Purchasers officers, agents and employees fmm and against my and all claims, lasses, damages, charges or expenses, whether direct or inducer, and whether to persons or property, to which the Purchaser may be put or subject by reason of my act, action, neglect, omission or defmh on due pan of the Seller, my of his contractors, or my of the Sellers or contractors officers, agents or employees. In case my suit or other proceedings shall be brought against the Purchaser, or it officers, agent or employees at soy time an account or by reaon of my act action, neglect, omission or default of the Seller of my of his mntraotors or my of its or their officers, agents or employee as aforesaid the Seller hereby agrees in assume the defense dermf and 0 defend the same an the Sellers own expense, an pay my and all costs, charge, m ormYs fees and other expenses, my and all judgmen6 dead may be incurred by or didded 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 Purchaser, or said panics in or as a result of such suit or tem r proceedings, due Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, humian and install all guards necessary for the prevention of wordmes, comply with all laws and regulations with regard on safety including but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 07R014