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HomeMy WebLinkAbout128544 FERGUSON ENTERPRISES INC - PURCHASE ORDER - 9150340PO PURCHASE ORDER 915034er Page Cliff of PURCHASE 50340 t of 2 ' `t Collins/ hisnumber must appear v ' t on all invoices, packing sli s and labels. Date: 01/14/2015 Vendor: 128544 FERGUSON ENTERPRISES INC 2321 DONELLA CT FORT COLLINS CO 80524 Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 01/14/2015 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price WATER PIPE & ACCESSORIES 0818281 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: 11,040.00 1 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 game rise City of Fort Collirss is exempt fmm state aed local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Cmificu of Registry 84.600058I u m igered with the Collector of Failure of de Purchaser to Exist upon social perfnrov nce of the terns surd conditions hereof, failure m delay ca ].It—] Revenue, Denver, Colorado (Ref Cdomda Revised Statutes 1973, Chapter 39-26,114 (a). exeratt any rights of remedies provided herein or by law, boom so promptly notify the Seller in the went of a beach, the -calamine Of -payment for goods hereuMer or approval oftlte dgign, shall sat release the Seller of Good Rejected. GOODS REIECTED due to failure in men specifications, either when shipped or due to defects of any of the warranties m obligations of this purchase order and shall not be deemed a waiver of any right of the damage in mash may be remmed to you for credit end ate not to be replaced except upon recaipt of woven Powhaser to im6t upon stdet performance hereofor my ofits rights or remedies as to any such goods, reganllesc instructions from the City of Fon Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, not shall any purposed oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terns Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereaf. Final Acceptance. Raeipt of the merchandise, services or agaipment in response to this Order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fos Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of al I applicable required inspection procedures. violations are in fact home by the Purchaser. Therra foe nforr good cause and as consideration for executing this purchase omen, the Sella hereby assigns to the Purchaser any and all claims it may now have or banner Freight Tens.. Shipments mint be FO.B., City of Fan Collins, 700 Wood St., Fort Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified oa this order. If permission is given to prepay freight and charge giant Y, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill mast accompany invoice. Additional charges for Packing will act be incepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in vanow, pan, of the country, shipment is If the purchaser direr. the Seller to contact nonconforming m defective good by a date to be agreed upon by the expected from the nmrnt distribution point to destination, and excess freight will be deducted fmm Invoice when Purchaser and the Sella, and the Sella rheraner indicates its inability or unwillingness to comply. the Purchaser shipments art made from grata distance. may cause the work to be performed by the man expeditious team available to it, and the Sella shall pay all ants associated with such work. Permits. Seller shall procure at sellers sole cast all community Termini, marifestes and liccascs required by all applicable laws, regulations, ma finances and mules of the scale, municipality, territory or Political subdivision when the work is performed, or capital by any other duly constituted public authority having jurisdiction over the work of vendor. Seller Bucher agrees to hold the City of Fort Collins harmless fiom and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requirements. Authorization. All parties to this contract agree that the representatives are, in fact, bow fide and possess full and complete authority ro bind said parties. LIMITATION OF TERMS. This Pumhaa Order expressly limits acceptance to the man and conditions stated herein set fosh and any supplementary or additional terms and conditions amexed hemm or incoryemted 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 on your promised delivery date as acted. Time is of the esoccom. Delivery and performance most be effected within the time stated on the p achuse coda am the downturn. touched hereto. No acts of the Purchasers including, without limitation, acceptance ofp er ial late deliveries, shall operate as a waiver i ffli s provision. In the even, of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damage. limmor , the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable commit and without its fault of neghgame, such awls of GW, ads ifeivil or military solitariness, governmental priorities, ores, strikes, flood, epidemics, wars Or riots provided that moose of the conditions causing such delay is given to the Purehoom within rive (5) days of the time when the Set let first received knowledge thereof. In the event of any such delay, the data of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable drawings, specification, samples andor other descriptions given, will be fit for the purposes inmrWN, and Performed with the highest degree of are and competeme in accordance with accepted standard for work of a similar nature. The Seller agrees to hold the porringer homeless fmm my loss, damage or expense which the Purchaser may suffer or rotation mmunt oftbe Sellers breach of warranty. The Sella shall replace, repair or make goad, without cost to the purchaser, my defects or fan]o, arising within one (1) Year or within such longer period of time as may be prescribed by law Or by the team of any applicable warrmm provided by the Seller aver the date of acceptance of the goods f Ishad heaunder (acceptance not to be unrtawtably delayed), resulting f imperfect or defense work done or materials fumishad by the Seller. Acceptance or use of good by the punctuator shall rat contiote a waiver of my claim under this warranty. Except as otherwiss provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of my of the fino icing warranties or guarantees, but such liability shall in no went include loss of proms 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 temu by written change Omer. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may mike any changes to the terms, other thin legal tarns, including additions to or deletions from the quantities originally ordead in the specificatiom or drawings, by verbal nr womm change order. If any such change affect the amount due or the time of saficatumce hemueder, an equitable adjustment shall be made. &TERMINATIONS. The Purchger may. any rime by written change oMeq tennimce Nis agreement m in any or all portions of the goods then nut shipped, subject to any equitable adjustment between the prang, as to any work or materials them in progress Provided tom the Pumhger shall not be liable for any claims for anticipated profi. on the uncompleted Portion of the good and/or work, for incidental or consequential damages, and Out no such adjustment he made in favor of the Seller with aspect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller fany ofrimi, obligations as to my goods delivered hereunder. 9. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the data the change or termination is Ordered. H. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and famished in stria compliance with all applicable laws and regulations to which the goods are subject The Sella shall execum and deliver such documents as may be required to effect or evidence compliance. All laws and agulations aquiml to be incorporated in agreements of this character are hereby incorporated herein by this ref rence. Tha Sella agues to indemnify gm hold the Purchaser hamleas from all coss and dmmge suffered by the Purchaser ra a result of the Sellers faihim, to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this radius. or any monies due or to become due hereunder without the poor withut consent ofthe other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchase for all equipment materials, and items famished in perf rummer of this ageemrnt free and clear of any and all lies, rrsbictiom, reservations, security interest encumbrances and claims of others. The Sella shall release the Purchaser and its among. of any tier, from .11 liability and claims of any nature resulting (tons the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the dimcmrs, officers and employees of such any. The Seller's commetual obligations, including womnty, shall not be formed to be reduced, in any 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, contents] at process covered by better, patent trademark or copyright the Seller shall indemnify and give harmless the Parchaur from any and all claim for infnngemem by reason of the am of such patented design, device, material or process in contraction with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it maybe obliged to Pay by grown of such infnngrmen, at any time during the Integration or after the completion of the work. In rase said equipment, or any part thereof or the intended use of the good, is in such suit held to continue 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 me right to continue rising said equipment or pans, regime the same with substantially actual but noninfnnging equipment, or modify it an it becomes nminGnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditars, appoint a morme, or .,.a for any Of ' the Sellers Property or brains,, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofcem. teed or the interpretation ofrhe agreecoem and the rights of all posies hereunder shall be construed under and governed by the laws of the Share of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work heaander, including rise,mica of Sellm Representativds), on the pranius of.thers. 17. SELLERS RESPONSIBILITY. The Sella bull easry on said work at Seller's own risk moil the same is fully completed and mcr4red, and shall, in case of any w6dent, destruction or injury to the work andrm maerals before Stilels final completion and acceptance, complete the snot, at Sellers awn expense and to the satisfaction of the Purchaser. When materials and equipment are bombed by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as dxm h such materials mNor equipment were being famished by the Seller order the order. 18. INSURANCE. The Seller skull, at his own aprow. 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, and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Sella shall also carry comprehensive general liability including, but act limited to, contractual and automobile public liability maurzace with bodily injury and deaM limits of car least S3W,O0o for any one Panama, SNKLOW for any one accident and properly damage limit per accident of S400,0)), The Sella shall likewise require his conmoors, if any, to provide for such compensation am ficumace. Before my of the Senor or his contractors employees shall do my work upon the promises of misers, rise Seller shall furnish Oe Porringer with a certificate Out such cnmpucami— and insurance have been provitlM Such cenifiata shall specify the date when such campenarm and,...tO have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Sell..gore that such rompers tioa and iaumnee shall be mainuicin until after do, entire work is completed and incepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage loss or injury afany kind r nature whatsoever to person, or property caused by or resulting fmm the execution of th<work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers oftioni, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether dimct or indirect, and whether to persons or propany to which the Purchaser may be par or subject by reason of any act, action, neglect, omission or default on the part of the Seller, my of his ontractors, or any of the Sellers or contractors officers, agents Or employees. In case my suit or order proceedings shall be brought against the Purchaser, or its officers, agent or employees in my time on mmunt 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 amok., agents or employees as aforesaid, the Sella hereby agrees to assume the defame thereof and to defend the same at the Sellers own expense, to pay my and all costs, charges, attameys fees and other expenses, any and all judgment. that may be incurred by or obtained against do Purchase or any of its or their ofticm, agents m employees in such suits or other praredings, and in case parliament or other lien be placed upon or obtained against the progeny, of the Puchaer, or said parties in Or g a result of such suits ar other proceedings, the Seller will at once comae the sate to be dissolved and discharged by giving band or oNewise. The Sella said his amounts shml take all safety premiums, famish and intall all gemb, naegary for the prevention of accidents, comply with all laws and regulations with regain to safety including, but without hurication, the Occupational Safety and Heald Act of 1970 and all ralre and regulations issued pursmntthan.. Revised (UnW4