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HomeMy WebLinkAbout132798 MSC INDUSTRIAL SUPPLY CO INC - PURCHASE ORDER - 9150666PO PURCHASE ORDER 915066er Page C117/ of PURCHASE 50666 t of 2 ' `F6rt Collins( his number must packing V 1 1�7 on all invoices, packing sli s and labels. Date: 01/29/2015 Vendor: 132798 MSC INDUSTRIAL SUPPLY CO INC DEPT CH 0075 PALATINE IL 60055-0075 Ship To: RISK MANAGEMENT DIVISION CITY OF FORT COLLINS 215 N MASON, 2ND FLOOR FORT COLLINS CO 80524-4408 Delivery Date: 01/29/2015 Buyer: PAUL, GERRY 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 Health & Safety 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.wrn 1 LOT LS Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tetras and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collina is exempt from sure and local taxes. Om Exemption Number u I L NONWAIVER. 98-04502. Federal Excise Tax Exemption Centigram of Regisq 84fi000589 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failum or delay to Internal Revenue, Drove, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a), exercise any rights or comedies provided herein or by law, failure m Promptly notify the Seller in the event of a breach, the acceptance ofor payment for goads heraunder or approval atria design, shall not ml. the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to deface, of any of the war unties or obligations of this purchase order and shall not o deemed a waiver of my right of the damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of warm purchaser o insist upon strict performance hereofor any of its rights or remedies as to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral musli ficution or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Fort Collins inspection on anneal. hereof Final Acceptance. Receipt of the merchandise, services or c lipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. emhodzed payment an the pan of the City of Fort Collins- However, it is m be understood that FINAL Seller and the Purchaser recapture that in actual a mic practice, overchargeses rulting from antitrust ACCEPTANCE is dependent upon completion of all applicable rexluirel iaspection pmcedur mos. violom art in fact home by the Purchaser. Theretreofonfor good carts, and as cosldeudan for executing this purchase under, the Seller hereby assigas to the Furtherer any and all claims it may now have or hereafer Freight Team. Shipments most be F.O.B., City of For Collins, 700 Wood St., Fort Collins, CO 80522, unless acquired under federal or state aatitrust laws for such overcharges minting to the particular goods or services otherwise specified an this under. If permission 6 given to Prepay freight eM charge separately, the anginal fire iddi purchased or acquired by the Purchaser pursuant Ir this Paribas, order. bill most acmmoanv 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 paint to deslinalim, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall pmcme at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and roles of the state, municipality, century or political subdivision where the work is performed, intermixed by ony other duly constimted public authority lamingjurisdidion over the work of vendor. Seller further agrees to hold the City of pan Callim namless from and egaimat all liability and loss incurred by them by mason of an asserted or established violation, of any such laws, regulatoan, ondinmces, roles and requirements. Authorization. All parties to this contract agree that the, mmewnmram; are, in final, barn fide and possess full and complete eutheory to bind said prim. LIMITATION OF TERMS. This Purchase Order expressly limits mcmtarem to the tamp and candidates stated hcmin set forty and any supplementary or additioml meats and conditions amexed hereto or incorporated herein by reference Any additional or different terms and conditions proposed by seller am objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete Shipmem m arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the lime stated on the purchase order and the documents attached hereto. No acts of the Porchmen. including, without limitation, acceptance of pmtial Irate delivent, shall operate as a waiver of this provision. In the event army delay, the Purchaser shall have, in addition m Other legal and mumble 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 mows not measurably foreseeable which are beyond its reasonable cool and without its fault ofnedigence, such eels of God, ace m civil or military amhorities, Imee cenmul priorities, fires, stokes, food, epidemics, wars or now provided not notice of the conditions causing such delay u given to the Purchaser within Five (5) days of the time when the Seller first received knowledge thereof. In the event of my such delay, the dam of delivery shall be extended for the period ryual m the rime actually lost by reason artist delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will re mfom with applicable drawings, specifications, samples and/or other descriptions given, will he fit far the InWows intended, and perfumed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may safer or incur on account arms, Sellers breach of wanany. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time is, arty be prescribed by law or by the terms ofeny applicable warranty provided by the Seller eBe, the dine of acceptance of the goods famished hereunder (acceptance not to be inaccessibly delayad), resulting from imperfect or defective work done or materials furnished by de Seller. Accelerate, or taw of fonds by the Purchaser shall no, onatituw a waiver crony claim under this warranty. Except as otherwise Provided in this purcluse order, the Sellers liability hereunder shall extend to all damages proximately messed by the branch of my of the foregoing warranties or guamracce, but such liability shall in no event include loss of profits or loss of new NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. L. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal lama by wrinen change under. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to Ne team, other than legal team including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If my such change Harts the amount due Or de, are ofperfomnmce hereunder, an equitable adjusment shall be made. 6. TERMINATIONS. The Parchment may at any time by winner change order, terminate this agreement as to any or all portions of the goad then not shippxxl subject to any excitable adjustment between the porous as to any work or materials then in progress provided that the Purchaser shall not M liable for my claims for anticipated profits on the uncompleted French of the good andtm work, fro incidental or mnseyuentul damages, and that an such mijustnent o made in favor ardor Seller with respect m my goods which are the Sellers standard stack. No such eradication shall reline the Purchaser or the Seller of my argon, obligations as a any grinds delivered hereunder. T CLAIMS FOR ADJUSTMENT. Any claim for adjustment taus, be asserted within thimy (30) days from the data the change or teminatim is odered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in inner compliance with all applicable laws and regualions to which the goods ure subject The Seller shall execute and deliver such documents as may b, required to effect or evidence compliance. All laws and regulations required to or incorporated in agreements of this character One hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser leanness from all casts and damages suffered by d Purthaver as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or my monies due or to become due hereunder without the prior winner consent ofthe other party. 10, TITLE. The Seller movers full, clear and i mmtr cord rifle m the Purchaser for all ximpmenr, mmmals, and it. famished in performance of this agreement free and clear of my and all liens, restrictions, reseamioru, security interior encumbrances and claims f.there. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe purchaser dimets the Seller as correct nonconforming or defective goads by a data to be agreed upon by the Purchaser and the Seller, and the Seller tbereaBer indicates its Inability 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 connectors of any tier from all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in Ire event of fault of negligence of the parry released and shall extend to the duccons. oMet. and empmyecs ofsuch parry. The Sellers contractual obligations, including wzrronry, shall not be deemed to be reduced, in my way, because, such work is performed or mused on be performed by the Purchaser. 14, PATENTS. Whaneeer the Seller is required to use any design, device, material or process covered by letter, punt, m lawark or copyright, the Seller shall indemnify and save hamless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in comection with the cannon, and shall indemnify, the Purchaser far any cost, expense or dnuge which it may be obliged to pay by a. of such infingement at any time during the prosecution or oiler the completion of the work. In case said equipment, or any part thereof or the intended use of the goads, is in such suit held to constitute infringement and the use of said equipment or pan is enjoiaed, the Seller shall, at its own expense tad at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfiinging equipmen,, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or hvekmpt make an assignment for de berth of creditors, appoint a teceivm or trustee foe any of the Sellers property or business, this under may forthwith Far maneled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation critic agreement and the rights of all parties hereunder shall be rammed under and governed by the laws of the State ofColoudo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, melodist the smicex of Sellers Representative(s), an the premise ofothem. 17. SELLERS RESPONSIBILITY. The Seller shall may oa said work at Selena own risk until the come is fully completed and accepted, and shall, in se of any accident, damnation or injury, to the work and/or euteria6 before Sellers final completion and acceptance, complete the work at Sellars own expeme and to the ofic anion of the Puncheon. When materials and equipment are Bandied by others for notation.. or erection by the Seller, the Seller shall receive, trained, state and handle come or the seen and become respnsible thecfm am though such mmenals r nNar equipment were being fumishrd by the Seller under the order. IS. INSURANCE. The Seller shall, at has own expense, provide for the payment of workers compmsaton, including uccupatioml disease bencfts, to its employees employed on or in correction with the work covered by this purchase order, andor to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall elan carry comprehensive gmeral liability including, but nor limited to, contmetml and automobile public liability insurance with bodily injury and death limits of at least 1300,000 for any one person, $500,000 for any one accident and property damage limit per occident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do my work upon the premises of others, the Sella, shall famish the Purchaser with a canificam that such compensation and insurance have been provided. Such certificates shall specify the dam when such ompenvtion and hower a have been provided. Such cenifcares shall specify the date when such compensation and insurance expires. The Seller agms that such compematim and insurance shall o maintained ..,it thee the entire work is completed and accall IS. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella haven assroes she entire responsibility and liability for my and all damage, loss or injury of my kind or mtuwhatsoev er to persons or pmperry mused by or resulting from the the exedof the work provided fro in Nre is purchase order or in comection herewith. The Seller will indemni5 and hold hamles rise Purchaser and my or all of the Purchasers olBcers, agents and employees from and against my and all claims, lasses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by rmwn of my act, action, neglect, omission or default con the part of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In cow any suit or other proceedings shall o brought against the Purchase, or its officers, agents or employees at any time on account or by reason of any net. action, neglect, omission or default of the Seller of my of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the mine at the Sellers own expense, to pay my and all casts, charges, attomeys fees and other expenses, my and all judgmmu cut may he incurred by or obtained against the putchi s , 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 obmired apt= the prolgrny of the Purchaser, or said parties in or as a result ofsuch suit, or other proceedings, the Seller will et once cause the same m be, diasalved and diwasrged by giving bond or mhctwise. The Sell, and his contractors shall take all safely precautions, fumbh and install all guards mcessary for the prevention of accidents, comply with all laws nod mgulatiam with regard an safety including, but without bargain, the Occuptimal Safety and Health Act of 1970 and all talcs and fiam ices issued pmsuan, thereto. Revised (Unolil