Loading...
HomeMy WebLinkAbout146457 WHITE CAP CONSTRUCTION SUPPLY INC - PURCHASE ORDER - 3215272PO PURCHASE ORDER 321527er Page C117/ of PURCHASE 15272 t of z ' `tCollinsr This number must appear V on all invoices, packing sli s and labels. Date: 01/13/2015 Vendor: 146457 WHITE CAP CONSTRUCTION SUPPLY INC 334 S SUMMIT VIEW DR FORT COLLINS CO 80524 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 r 2015 BLANKET ORDER Misc. tools and 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 1 LOT LS 5,000.00 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. COMMERCIAL DETAILS. Tax exemptions. By same the City of End Collins is exempt f state moll local axes. Our Exemption Number is I L NONWAIVER. 98-W503. Federal Excise Tax Exemption Caaificare of Registry 84fi000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance ofthe terns and conditions hereof failure or delay to Internal Revenue, Denver, Coleman (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a), excise any rights in remedies provided herein or by law, failure to promptly notify go Seller in go amr of a breach, the acceptance ofor payment for goods herando or approval ofthe design, shall not release the Sella of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defers of any of the warranties or obligations of this purehose 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 examen purchamr to insist upon start performance hereof or any of its rights or remedies as to any such goods, regardless instructions from the City of Fan Collins. of when shipped, received or accepted, m to any prior or subsequent defult hereunder, nor shall any pmpormd am] moth femion or rescission of this purchase order by the Purchaser operate as a waiver of any of the terns Inspection. GOODS we subject to the City of Pon Collins inspection on w iwl. hereof. Final Armprance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fell Collins. Howceq it is as be understood that FINAL Seller end the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspectim procedure. violation are in fact home by the Purchaser. Theretoforefor good cause and as consideration for executing am purchase order, to Seller hereby assigns to the Purchaser any and all claims it any now have or hereafter Freight Team. Shipments anon be F.O.B., City of Fiat Collins, 700 Wood SL, Few Collins, CO 80522, unless acquired under federal m star, amiuusr lases far such oversleep, relating to the Pont land or services otherwise specified on this order. Upermission is given to prepay Pa i& and thing, apeal the original freight purchased or requited by the Purhmer pursuant to this pun dame ordi bill mast accompany invoice. Addiriorel chmga for locking will sot be accepted. Shipment Distance. Where manufmwrers have dinributing pains in serious pans of the country, shipment iii expecmd from the neatest distribution polar to datiwtims it excess freight will be deduned from Invoice when shipments are made from greater chaunce. Portals. Seller shall procure at sellers sob cost all necessary permits, certificates and liven s required by all applicable laws, regulations, oMinaners and roles of the state, municipality, tertitory or political ormiivision where the work is performed, or required by any other duly constituted public authority having jurisdimlon ova the work of vendor Seller further agrees to hold the City of Flow Collins harmless from and against all liability and loss incurred by them by reason of an war ned or established violation of any such laws, regulations, ordwanea, roles and expearerrears. Authorization. All parties ro this contras agree that the re ssawri atives are, in fact, W. fide and parties, full and complete authority to bind said parries. LIMITATION OF TERMS. This Purchase Order expressly limits act,. to the themes and conditions stated herein set forth and say supplementary or additional terms and conditions armexed hereto or incorporated herein by reference. Any additional or different it. vs conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ify.0 cannot make complete shipment to arrive on your promised delivery dote as noted. Time is ofthe essence. Delivery and performance must be effected within the time stated an the purchase order and the documents attached hereto. No as of the Purchases including, without Incitation, acceptance ofpartial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition m other legal and equitable remedies, the option of placing this .,it,, elmwb,m and holding the Seller liable for damages. However, the Seller shall not be liable for damages m a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence, such acts of God, acts ofcivil or military authorities, govemm,nal priorities, for, stakes, flood, epidemics, wars or riots provided that notice of the conditions coming such delay is given to the Purchaser within five (5) days ofthe time when the Seller fins received knowledge thereof. In the event of any much delay, the date of delivery shall be extended for the pens equal to the time actually lost by ressav ofthe delay. 3. WARRANTY. The Seller worries that all goods, articles, materials arm work covered by this order will conform with applicable drawings, specifications, samples andror other descriptions given, will be fit for the purposes intended, and Performed with the highest degree of rare and competence in wawdwm with accepted standard for work of a mild aware. The Seller agrees to hold the purchaser barriers from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cast to the purchases, any defects or faults wising within one (I) year or within such longer penal of time m may be prescribed by law or by the terns of any applicable wi menty provided by the Seller after the date of acceptance of the good frmshod hereunder (acceptance not to be, wreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of good by the Purchaser shall not omtitum a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately czmed by the breach of any of the foregoing warranties or gumanmos, but such liability shall m an event include loss arprific, or loss of am. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchmer may make changes to legal terms by wrinrn change order 5. CHANGES IN COMMERCIAL TERMS. The Purchmer may make any changes to the terms, other then legal themes, including additions to er deletions from the quantities originally ordered in the sperifeatimu or drawings, by verbal or written change order. If my such change addicts the amount due or the time ofperformance brommer, an equitable adjustment shall be made. 6. TERMINATIONS. The PurcMur may in any time by written change order, terminate this agreement as to any or all potions of the good then not shipped, subject o any equitable adjustment between the parries as to very work or materials that in progress provided that the Purchaser shall not he liable for any claims for anticipated profits an the unceen,ha d Pnion of the goods and/or work, fro incidental or cumryue trial damage, end that an such adjustment h, made in favor of the Seller with respect many good which are the Sellers standard stock. No such temtiretion shall relieve the Purchaser or the Seller of any oftheir obligations as to any goods delivered hereunder. 9. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must b, averted within thirty (30) days from the date the change or ternimfnn is onward. 8. COMPLIANCE WJTH LAW. The Seller warrants that all goods sold hereunder shall have bran produced, sold, delivered and famished in strict compliance with all applicable laws and regulations m which the goods we subject The Seller shall execute and deliver such documents as may To required to effect or evidence compliance. All laws and regulations required m be incorporated in agreement of this character are hereby incorporated herein by this reference. The Sella agrees to indemnify and hold the Purchamr hornless from all casts and damages suffered by the Pmchamr res a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither Party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the Prior writen consent offle other putty. 10. TITLE. The Seller warrant full, clear and unrestrined title to the Purchaser for all equipment, materials, and items furnished in performance of this agreement, faro and clear of any and all liens, restrictions, reumations, security interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Pumhmer directs the Seller m comm ronconforming or defective goad by a dam to be named upon by to Purchaser end the Seller and the Seller hereafter indicates its credibly or unwillingness to 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 associated with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance of such work. This mleme shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees ofsuch party. The Sellers contractual obligations, including warranty, shall not be dremed to be reduced, in any way, became such work is Packwood or anved to be performed by the Purchaser. 14. PATENTS. whatever the Seller is required is me any design, device, matmal w process covered by later, Pont, trademark or copyright, the Seller shall indemnify and save hamtless the Purchaser from any and all claims for infringement by season 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 rea out of such infringement at any time during the prosecution or aver the completion of the work. In cum said equipment, or any pan thereof or the intended me of the Fresh, is in such suit held to caustics, infringement and the use of said nquipmem or Pm is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchmer the right to condom using said equipment or pans, replace the same with mb,inctially equal but naninlHnging equipment, ar modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the bonefit of creditors, appoint a receiver of trustee for any of the Sellers property or business, this order nay forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofternes usll or the interpretation ofthe agreement and the rights ofall parties hereunder shall be consumed under anit ... amid by the laws of the Seca al'Colmndo, USA. The following Additional Conditiom apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Repreunmtive(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the mine is fully completed and accepted, and shall, in x of any accident, desvuctan or injury to the work andor mmerlals before Sellers final completion area cmprome, complete the work or Sellers own exPme cod to the satisfaction of the Purchaser. When mmmak and equipment are famished by others for installation or election by the Seiler, the Seller aholl receive, uvllod, store and handle same at the site and became responsible therefor m tough such matinj =Nor equipment were being fumuhed by the Sever order the mdm 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including mcupatioreal ill,. benefits, a its employers employed on w in mnnectim with the work ravers by this purchase order, andror to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also tarty comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with ddily injury and death limits arm lean $3od,mil for any one person, $500,000 for any one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his ontracturs, it any, to provide for such compensation and imurence. Before any m the Sellers or his mnhadms employees shall do any work upon the premises of others, the Seller shall furnish to Purchaser with a certificate that such compensation and imurmnce have been provided. Such cafficates shall specify the date when such compensation and insurance have been provided. Such cenifcata shall specify the date what such compensation and insurance expires. The Seller agrees that such compensation and instance shall he anainmai d until after the ,nth, walk is compleed it accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby —tunes the entire responsibility cod liability for any and all dialogic, loss w injury, ofwy kind mom whatsoever to persons mpmperry caused by w resulting flow the execution inthe work pmvidcd for in this purchase order or in annaton herewith. The Seller will indemnify and hold harmless the Purchaser and any r 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 persom or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Sella, any of this contractors, or any of the Sellers or contractors officers, agents or employees. 1. case any into or or proceedings shall be brought against the Purchaser, or its ofccra, agents or employees at any time on ..our or by reason of any rat, when, neglect, omission or default of the Seller of any of his coutmclon or any of its or their olTcas, agars or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the some in the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgmenrs tut may Ee incurred by or obtained against to Pamhaser or any of its or their officers, agents or employees in such was or other proceedings, and in rose judgment or other lien be placed upon or obtained against the property of to Purchaser, or said parties in or as a result of smh sums or other proceedings, the Seller will at once oaum the same to be dissolved and discharged by giving band or otherwise. The Seller and his momentum shall take all safey precautions, famish and thstall all guard necessary for der prevention of accidents, comply with all laws and regulations with regard to safety including, but without limillow n, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant therm. Revised 07/2014