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HomeMy WebLinkAbout111360 GRAINGER INC - PURCHASE ORDER - 9150346Fort Collins Date: 0111412015 Vendor: 111360 GRAINGER INC 4531 INNOVATION DR FORT COLLINS CO 80525-3406 PURCHASE ORDER PO Number Page 9150346 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: ELECTRIC 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 2015 Materials Light & Power 1 LOT LS 70,000.00 Total Pay terms net 30 days Invoice Address: 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 City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO BOX 580 Fort Collins, CO 80522-0580 Purchase Order Tennis and Conditions Page 2 of 2 1. COMMERCUM,DETAIIS. Tax exemptions. By matte the City of Fort Collins is exempt from state and local moms. Our Exemption Number is 11. NONWAIVER. 98-W 502. Federal Excise Tax Exemption Cevificam of Registry 84-6000587 is registeml with the Collector of Failure of the Purehuer to insist upon strict parfmm ors. of the mina and condi,iom here.[ failure or delay to Internal Revenue, Drover, Colorado (Ref. Colorado Revised Sumtes D03, Chapter 39-26, 114 (a). exerc¢e any rights or remedies provided harem or by law, failure to promptly notify the Sella in the event of a brech, the acceptance of or payment for goods haeunder or approval Milm design, shall or release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to delads of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be returned to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless instructions from the City of Pan Collins. of when shipped, received or accepted, as to any prior or subsequent default haeunder, nor shall any purported oral modifienters or rescission of this pwchaze oNer by the Purchase, ,.to as a waiver of my of the rem¢ Inspection. GOODS are subject o the City affect Collim inspection on ancient. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this oNer can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Tom Collins. However, it is to be understood that FINAL Sella and dre Pumhnscr recognize that in actual reactors, pmo am. ovemhmges resulting fmm antitrust ACCEPTANCE is depevdect upon completion of all applicable required inspection procedures. violations are in fact home by thr Purchaser. Theretofore, for good reuse and se conidemtion for exemdng this purchase order, the Sella hereby assigns an the Purchaser any and all claims it may now, have Or hereafter li eight Tents. Stuporous mast be F.O.B., City of Fort Collins, 200 Wood Sr, Fort Collins, CO 80522, unless acquired under federal or sum amount laws for such mercharga relating m the particular good, or unit. Otherwise specified oa this order. If Larmicion is given to prepay freight red charge separately, the original freight purchased or acquired by the Pardoner pursuant,a this purchase aide,. bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Disarm, Where manufacturers have distributing points in various parts of the country, slupman is expected from the neatest distribution point to destination, and exce% freight will be deducted from Invoice when shipments me made from greater dartmor. Penis. Sella shall private at sellers sole cost all naessary permiU, caffii and licensor requind by all applicable laws, regulations, me iimmers and toles of the state, municipality, arnimry or political subdivision where the work or performed, or requirtd by any other duly mnJmted public antionly havingjunsdedon over the work of vendor Sella brother agrees to hold the City of Fort Collins harmless from and against all liability and loss ineurna by them by reason arm asserted or establisbN violation crony such laws, regulations, ordinances, tales and requirements. AUNodaaion. All parties to Ibis commit, agree that Ne representatives is in Lou, bona file and possess fill rend complete outhoury to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set both and any supplanamry or additional tom¢ and conditions annexed herein or incorporated herein by reference. Any additional or di fferem taus and conditions proposed by seller ore objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to sortie on your promised delivery date as noted. Time is of the assecre. Delivery aid performance most be effected within the time sTared on the purchase order and the documents arached hereto. No acts of the Purchasers including. without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event ofany delay, ,he Purchaser shall have, in addition m .,her legal and equitable remedies, the option ofplacing this oNer 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 am reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such Oats of God, acts of civil or military authorities, gavemmental priorities, fires, strikes, flood, epidemics, wan or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for doe period equal m the time actually lost by reason of the delay. 3. WARRANTY. The Seller wamenh that all goods, .titles. materials mad work covered by this oNer will coofou with appticable drawings, specification, samples atdr.r other descriptions given, will be fit for the putpner intended, and parent with the highest degree of cart col competence in accordance with accepted standard for work of a similar nature. The Sella agrees to hold use purchaser harmless from any lass, damage or expense which the Purehner may suffer or mom on account of use Sellers breach of waunty. The Sella shall replace, impair or make good, without cost to floe pmclauq any defects or faults unseal within one (1) year or within such longer period of time re may be prescribed by law or by the terms of my applicable warranty provided by the Seller after the cute of acceptance of the good burnished hereunder (acceptance not to be unreasonably delayed), resulting from Imperfect or defective work done or materials furnished by the Seller Acceptance or use of goods by the Purchaser shall not constitute a waiver of my claim under Nis waraaty. Except m, otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wommuce or guamrtees, but such Ratably shall in no event include loss of profits or loss ofuse. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make thong. to legal terms ",.a change oNer. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms. including additions to or deletions fmm the qua nines originally ordered in the specifications or drawings, by verbal or writen N change order If any such Officers act.s the amount due or the time of performance hereunder, air m equitable adjustment shall be uJa. 6. TERMINATIONS. The Purchaser may at any time by widen change aide,, lemniamf Nis agreement as to any or all portions of the goad then not shipped, subject to any equitable adjustment between the parties n to any work or materials then in progress provided Jot the Purchaser shall not ba liable for any claims for anticipated profits on the ancompleed Portion of the goods and/or work, fro incidental or cwsaquenist damages, and that no such adjustment be aside in favor of the Seller with respect to any gaud which are case Sellers standaN stock. No such termination shall reline ,he Purchaser or Ne Sella of any oftheir obligations as to any good delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most b, asserted within Rum, (30) days from the date the change or monination is ordered. 8. COMPLIANCE WITH LAW. The Sella waums Nat all goad sold hereunder shall have been produced, sold, delivered and fumished in soia compliance with or applicable laws and regulations to which the goods s m subject. The Seller shall execute and deliver such documents n may be required to effect Or evidence compliance. All laws and regulations required no be incorporated in agreements of this clamourer are hereby incorporated herein by Nis reference. The Seller nkma to indemnify end hold the Purchaser hamlas fmm all costs and damage surtercd by the Purchaser as a it of the Sellers failure an comply with such Law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or in become due hereunder without the prior written cement of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to me Purchaser for all equipment, materials, and items fumished in performance of this agreement, free and clear of any and all liens, restrictions, resavations, security interest cncmnbrarc. aid claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to he agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inabilityor unwillingness to comply, the Purchaser may cause the work a m performed by the most expeditious meant available m it, and the Seller shall pay, .11 costa assaiatal with such work. The Seller shall release the Purchaser and its contractors of my tier from all liability and claims of any nature resulting from the par umre ofsuch work. This release shall apply even in the evert of fault of negligence of the Ixanty released mod sbdl extend 1. use directors, officers and employees ofsuch perry. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is paformad or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Sella is required to Ise any design, device, material or process covered by letter, parent, trademark r copyright, the Sella shall indemnify and save harmlea the Purchaser from any and all claims for infringement by town of the use of such parnmd design, device, material or process in connection with the contract, and shall indemnify the Pandora for any cost, expense or damage which it may be obliged to pay by reason ofsuch infringement at any time during the pmsecutiov or after the completion of the work. In rase said muipment or any pat thereof or Net intended use of she goods, is In such suit held to conumte Infringement mud the use of said equipment or per, 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 part, replace the same with substantially and but naninfdnging equipment, or modify it so it becomes noninfnnging. I S. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitimss.ftoms, Used or the ImerpreTation of lm ogreemcm aM the sigbs of all parties hereander shall be mrsnued ruder aed governed by the laws cruse Sure of Colorado, USA. The following Additional Conditions apply only in taus where use Sella is in perfau work heremder, including the smices of Sellers Represenmtive(s), on the premisesof others. IT SELLERS RESPONSIBILITY. The Seller shall wry on said work at Seller's awn risk until the tome is fully completed and accepted, end shall, in se of any accident, destruction or injury to the work ardor materials began, Seller's final completion and acceptance, complete the work at Sellars own expense and to the satisfaction of the Purchaser. When materials and equipment are burnished by others for installation or traction by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being f ished by the Seller under the order. 18. INSURANCE The Seller shall, at his own expense, provide for Iha payment of workers mmprtsetim, including occupational disease benefits, to its employees employed on or in connection with the work covered by this pmrchase order, erredar to their dependents in accordance with the laws of the stem in which the work is to be done. The Sella shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability mislaim with bodily injury and death units of al least 5300,0W for any one person, $500.000 for any one accident and property damage limit per accident of S400,01K The Seller shall likewise require his contractors, if my, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such cenincat. shall specify the date when such compensation mud insurance expir.. The Serer agrees Nor such compcnwuon and insurance shall be mainminW nail after Ne entire work is completed and accepted 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsLiliry and liability for any and all damage, loss or injury of my kind r nature whatsoever to persons or property, caused by or resulting from the execution ofthe work provided for in this purchase oNer or in connection herewith. The Seller will indemnify and bold harmless the Purchaser and any cr all of the Purchasers officers, agents and employees trainand againstma any and all claims, losses, dages, harges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the part of the Seller, any of his ontmdors, or any of the Sellers or contractors officers, agents or employes. In ease any suit or other proceedings shall be brought against she Pumhamq or its officers, agents or employees at any time on account or by reason of any na, action, neglect, omission or default of the Seller of my of his contractors or any of its or thew officers, agents or employees as aforesaid, the Sella hereby agrees to summer the defense thermf and to defend Ne same at the Sellers own expense, to pay any, etc all cults, charges, ammo eys fees and he, expenses, any and all judgments that may be insured by or obtained against the Purchases or any of its or their officers, agents or employees in such suits or ouser proceedings, and in case judgment or offer lim be placed upon or obtained against the Interiorly, ofthe Purchaser, or said parties in or as a result of such suits or other Proceedings, the Seller will at once cause the same to To dissolved and discharged by giving bond or otherwise. The Sella and his contractors shall Take all safety Interactions, famish and install all grad necessary for the prevention 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 regulation issued pursuant thereto. Revised 07n014