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HomeMy WebLinkAbout413889 CHEYENNE MFG - PURCHASE ORDER - 7702054Date: 03/26/07 City of Fort Collins Page Number: 1 City of Fort Collins Purchase Order Number: 7702054 Delivery Date: 03/26/07 Buyer: BONNETTE, ED Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence. Note: PER QUOTE #323B FROM BRANDON, DATED 3/13/07. PLEASE SHIP TO ATTN: RAY KEMP; CONTACT #(970)221-6925. -77 Line Qty/Units Description Extended Price 1 1 LOT 2,070.00 6ea-tough guy cabinets @ $345.00/EA = $2,070.00 with 30" uscg approved ring, 90' 5/16" rope with float. Model # Irh-c, deck mount. 2 1 LOT 156.84 shipping F.O.B. VANCOUVER, WASHINGTON. Total $2,226.84 City of Fort ColGiny Director of Purchasing and Risk Management City of Fort Collins This order is rh9halid over $2000 unless signed by James B. O'Neill II, CPPO, FNIGP Accounting Department City of Fort Collins Purchasing, PO Box 580, Fort Collins, CO 80522-0580 PO Box 580 Fort Collins, CO 80522-0580 tions I. COMMERCIAL DETAILS. Invoice Address. To ensure prompt Payment mail invoices in duplicate to: City of Fen Collins Accounting Division P.O. Box 580 Fort Collins, CO 80522 Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise To Exemption Certificate of Registry 84-6000587 is registered with the Collecmr of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a) Goods Rejected. GOODS REJECTED due to failure to meet specifications, culler when shipped or due to defects of damage in transit, may be reamed to you for credit and are not to be replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in authorized payment on the part of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St_ Fart Collins, CO 80522, unless otherwise specifiedon this order. If permission is given to prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufactures have distributing points in various parts of the country, shipment is expected from the nearest distribution point to destinatim, and excess freight will be deducted from Invoice whet shipments are made from greater distance. Permits. Seller shall procure a sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority 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 than by reason of an asserted m established violation of any such laws, regulations, ordinances, rules and requirements. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess toll and complete authority at bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terns and conditions stared herein set forth and any supplementary or additional tams and conditions annexed hereto or incorporated herein by reference. Any additional ordifferent 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 an'ive on your promised delivery date as; noted. Time is of the essence. Delivery and performance nhust be effected within the tinm stated o t the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial hate deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this older 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 God, acts of civil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or rips 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 pre extended for the period equal to the time actually lost by reason of the delay. 3.WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and perfumed with the highest degree of rare and competence in accordance with accepted standm'ds for work of a similenature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Put china' may suffer or incur on account of the Selles breach of warranty. The Sella' 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 as may be prescribed by Iaw or by the terms of any applicable warranty provided by the Seller afte'the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting fiom imperfect or defective work done or materials furnished by the Seller. Acceptance of use of goods by the Purchaser shall not constitute 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 caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss ofprofits 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 terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other thmi legal tams, including additions to or deletions Gom the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchasermay at any time by written change order, terminate this agreement as to any or all portions of the goods that not shipped, subject to any equitable adjustment between the parties a nary work or materials then in progress provided that the Purchaser shall not be liable fur' any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental of consequential damages, and that no such adjustment be made in favor otter Selle with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchase or the Sellerof any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seiler warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in sit let compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required for be incorporated in agreements of this character are hereby internal mcd herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as 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 prim written consent of the other party. 10 TITLE The Seller wan'ants full, clear and unrestricted title to the Purchaser for all equipment, numcnak. and items furnished in performance of this agreement, free and clew' of any and all liens. iesu'ictions, reservations, security interest cnamiln'ances and claims of other¢ I I. NONWAIVER. I'm fill of the Purchaser to insist upon strict performance of the terns and conditions hereof, fni[tire or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a branch, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of any of the wall ntics or oft i gati ons of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon Sit HA pedbrmance hereof of any of its rights err remedies as to any such goods, regardless of when shipped, received or accepted. as to any pd or or subsequent default hereunder, not shut[ any purported oral nwdi fication or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof I'_. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact bome by the Purchaser. Thereohare, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under federal of state mniu'ast laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant fu this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchuser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be perfumed 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 release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, offs cars Mid employees of such party. The Seller's contractual obligations, including warranty, shall nut be deemed to be reduced, is 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, material or process coveted by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser Gom any and all claims for infiingemenl by reason of the use of such patented design, device, material of process in connection vv:th the contract, and shall indemnify the Purchaser for any cost. expense or damage which it may be obliged to pay by reason of such infiingemeat at any tine during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in such Suit held to constitute infi'ingenient and the use of said equipment of part 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 polls, replace the same with substantially equal but non -infringing egnitur nt, or modify it so it becomes non -infringing. ISINSOLVENC'Y. If the Seller shall become insolvent or bankrupt. make an assignment for the benefit of creditors, appoint a receiver or trustee fim :my of the Sellers properly m business, this order may forthwith be canceled by the Purchase' without liability. It, GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the rights mall parties hereunder shall be const, wed under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Sella is to perform work hereunder, including the services of Sellers Rep, csentative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall cant' on said work m Seller's own risk until the same is fully completed and accepted, and shall, in case of any accident, destruction m injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchase. When materials and equipment are famished 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 though such materials and/or equipment were being banished by the Seller under the order. I8. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease hereto, to its employees employed on of in connection with the work covered by this purchase order, and/m' to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also curry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury mid death limits of at least $300,000 for any one person, $500,000 for any one accident and properly damage limit per accident of $400,000. The Seller shall likewise require his contractors, if any, to In ovide 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 beet provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires- The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted 19. PROTECI ION AGAINS I ACCIDENTS AND DAMAGES. Ilie Seller hereby assumes the entire responsibility and liability for any and all damage, loss of injury of any kind Ill name whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order of in connection herewith. The Seller will indemnify and hold hardest the Purchase' and any or all of the Purchasers officers, agents mid employees from mid against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchase' may be put or subject by reason of any act. action, neglect. omission or default on the part of the Seller, any of his contractors, or any of the Sellers or court acton officers, agents or employees. In case any suit m other proceedings shall be M'ought against the Purchaser, or its officers, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller many of his counactos or any of its or their officers, agents oremployees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses. any and all judgments that may be incurred by m obtained against the Purchaser or any of its or their officers, agents or employees in such suits m other proceedings, and in case judgment or other lien be placed upon m obtained against the property of the Purchaser. or said patties in or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and dischm'ged by giving bond or otherwise. The Seller mid his contractor shall lake all safety precautions, furnish and install all guards 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 mid regulations issued pursuant thereto. Revised 11/9