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HomeMy WebLinkAbout102570 DRIVE TRAIN INDUSTRIES - PURCHASE ORDER - 2200041 (3)In Collins City of Fort Collins Page Number: 1 of 1 Date: 04/30/02 BLANKET PURCHASE ORDER NUMBER: Delivery Date: 12/31/02 Buyer: HUME,JAMES 2200041 Purchase Order number must appear on invoices, packing lists, labels, bills of lading and all correspondence NOTE: Line: Qty/Units: Description: Extended Price: 4 1 LOT ADDENDUM TO PO #2200041 250.00 5 Expendable Tools & Equip ADDENDUM TO PO #2200041 250.00 City of For C Ilins Director of Purchasing and Risk Management This order not valid over $2000 unless signed by James B. O'Neill II, CPPO City of Fort Collins Purchasing, PO Box 580, Fort Collins, CO 80522-0580 Phone: 970-221-6775 Fax: 970-221-6707 Email: info@ci.fort-collins.co.us Total: 500.00 Mail Invoices in duplicate to: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order TeEM and Conditions I. COMMERCIAL DETAILS. Invoice Address, To mum prompt Payment mail invoices in duplicate to: City of Fort 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 Tax Exempdon Certificate of Rel fury 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref Colorado Revised Status. 1973, Chapter 39-26, 114 (a). Goode Rejected. GOODS REJECTED due to failure in meet specifications, either when shipped or due to defau of damage in transit, may be retumed 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 FOR Collins inspection on.wal. Final Arceptance. Receipt of the merchandise, services or egnimord inmeponse to this order can result in authro ri Payment on the pat of the City of FOR Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedure. Freight Temss. Shipments must be F.O.B., City of FOR Collins, 700 Wood Se, Fort Collins, CO 80522, unless oNerwirespecified on this ender. If permission is given to prepay freight and charge separately, the miginal freight bill man accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various pints of the country, shipment is expected from the nearest distribution point to datmarion, and excess freight will be deducted from Invoice when shipment are made from greater distance. Permits. Sell, shall procure at sellers sole cost all necessary Permits, cartificatce and licenses required by all applicable Taws, regulations, ordinances and roles of the sure, municipality, monitory or political subdivision where the wok is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor Sell, further agrees in hold the City of Fart Collins harmless from and against all liability and loss incurred by them by restrict of m asserted or established violation of any such laws, regulations, ordinances, rules and requirements. Authorization. All partiee to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms Rod conditions stated herein set Each and any supplcmmury or additional terms and conditions annexed hereto or incorporated herein by referrnm. Any additional or different terms and conditions Proposed by Sella are objected to and hereby rejected 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to alive an your ptanised delivery doe v noted. Time is of the essence. Delivery and perfam rksm must be effected within the time stated an the purchase order and the documents watched hereto. No sets of the Purchasers including, without limitation, acceptance of phial law deliveries, shall operate Re a waiver of this provision. In the event of my delay, the Pumhazer shall have, in addition to other legal and equitable mmcNa, the option of placing this ender elsewhere and holding line Seller liable for damages. However, the Seller shall nor be liable for damage as a result of delays due to muses not ramnably finesemble which sec beyond its reasonable control and without its fault of negligence, tech rots of God, acts of civil or military autho6tim, governmental Prioriti., fires, strikes, Rood, epidemics, wars or riots provided that mtim ofthe conditions causing such delay is given to the Purchaser within five (5) days of the ame whin the Seller first received knowledge thereof In the emt of my such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Sella warrant that all goods, articles, materials and work covered by this order will conform with applicable drawings, s taficappor, smgla anNor orha dcsraipmare given, will be fit fa the papos. intended, and performed with the highest degree of are and compaence in sccordma with incepted standards for work of a similar nature. The Sella agrees to hold the purchases hmmless from my Ices, damage or expense which the Purchaser may sulfa a incur on account of the Seller breach of wamnty. The Sella shall replace, repair a make good, without cost to the purchaza, my defects or fault arising within one (I) year or within such longer period of time m may be proscribed by law or by the terms of arty applicable warm, provided by the Seller after the date of sommance of the goads famished hereunder (acce mare not to be unrainumbly delayed), resulting from imperfect or defective wok done a materials furnished by the Sella Acceptance or use of goods by the Purchase shall not constitute a waiver of any claim under this warmly. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend in all damages proximately caused by the breach of my of the foregoing warranties or guarmw., but such liability shall in no event include lass of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. C CHANGES IN LEGAL TERMS. The Porch== may make changes to legal coma by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes to the move, other them legal tarts, including additions to or deletions from the quantities originally ordered in the specifications m drawings, by verbal or written change order. If my such change affect the amount due or the time of p,formmce hereunder, an equitable adjustment shall br made 6. TERMINATIONS. The Purchases may a my time by written change order, terminate this agreement as to my or all ponders of the Bonds than not shipped, subject to my equitable adjustment between the parties as to my work or materials than in Progress Provided that Bic Purchaser shall not be liable for my claims for anticipated profits on the uncompleted ponies of the goods and/or work, for incldmtal m consequential damages, and then no such adjusrment be made in favor of the Sella with respect to my goods which are the Sellaa standard stock. No such taminmian shall relieve the Purchaser or the Sella of my of their obligations az to my goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for ad1JR mvmt most be assorted within thirty (30) days from the date the charge or rumination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrant Nat all goods sold hereunder shall have been produced, sold delivered and fumimed in aria compliance with all applicable laws and regulations to which the goods are subject The Sailer shall execute and deliver such docummt m maybe required to effect m evidma complimce. All laws and regulations required to be inwrporawd in agreement of this characta me hereby incorporated herein by this reference. The Seller agras m indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser a a result of the Sellers failure to comply wife such law. 9. ASSIGNMENT. Neither party shall assign nmsfe,, or convey this olden or my monies due in I become due hereunder without the 10. TITLE. The Seller warrants fall, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in p Immune of this agreement, free and clear of any and all liens, restrictions, raervat ion, security interest encumbrances and claims of others. 11. NONWAIVER. Failure of the Purchaserto insist upon strict performance of fee terms and conditions hereof, failure or delay m xemise any rights or remedies provided herein or by law, failure to promptly nitrify the Seller in the event of a breach, the acceptance of or payment for goads hereunder or approval of the design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon enter performance hereof or any of its rights or mandi s in to any such goods, regardlas of when shipped, received or accepted as to any poor or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser opa ate as a waiver of any of the team hereof 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recogrrize that in actual economic prectim, overcharges resulting from antimat violations are in fact borne by the Purchaser. Theretofore, for good cause and a consideretiou for executing this purchase order, the Sella hereby assigns m the Purchaser any and all claims it may now have or hereafter acquired under federal or state amiunst laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchase direct the Seller to wrest nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Sella, and the Seller thereefwr' indicates its inability or unwillingness to comply, the Pumhazer may cause the work to be performed by the most expeditious means available to it, and line Sell, shall pay all costs associated with such work. The Seller shall release the Purchase and its contractors of any tier from all liability and claims of any nature resulting Goa the performance of such work. This release shall apply even to the event of fault of negligence of the party released and shall extend to the diratas, officers and employees of such party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchase. 14. PATENTS. Whatism the Seller is required to use any design, device, material or process covered by Imo, patent, trademark or copyright, the Sella shall indemnify and save harmless the Pardoner from any and all claims for infringement by reason 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 reason of such infringement a my time during the pmsaution or after the completion of the work. In case said equipment, or my part ther cof or the intended use of the goads, is in such suit held to constitute infringement and the use of said equipment or part is enjoined, the Seller shall, at ire own expense and at its option, either procure for the Purchase the right to continue using said equipment or pans, replace the same with substantially equal but non -infringing equipment, or modify it so it becomes non -infringing. 15. INSOLVENCY. If the Sella shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or touree for my of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terns used or the interpretation of the agreement and the right of all patties hereunder shall be construed Ruder 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 Representtive(s), on the plains. of others. 17. SELLERS RESPONSIBILITY. The Sella shall carry on said wok at Seller's own risk unfit the same is fully completed and accepted, and shall, in ace of my accident, destruction or injury to the work mdlor materials before Sellers final completion and acceptance, complete the work in Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation a erection by the Seller, the Seller shall receive, mined, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being famished by the Seller under the order. IS. INSURANCE. The Seller shall, at his awn expense, Provide for the payment of workers compensation, including occupational disease benefits, to it employes employed on or in connection with the work covered by this punchaste order, motor m than dependents in accordance with the laws of the state in which the work is to be done. The Sella shall also any comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with buddy injury and death limit of at least $300,000 for my me Person, S500,000 far my me incident and or damage limit per accident of S400,000. The Seller shall likewise require his contractors, if my, to provide for such compensation and insurance. Before my of the Sellers or his contractors employees shall do my work upon the Uumises of orbars, the Sella shall famish the Purchaser with a cenifiaw that such wmprnsmim and insurance have been provided. Such amfied i shall specify the date when such compound n and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Sella agrees that such compensation end insurance shall be maintained until after the entire work is completed and accepted 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby an.. the entire responsibility and liability for any and all damage, loss or injury of any kind or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in cmnection haewith. The Seller will indemnify and hold ha race the Purchaser and my or all of the Purchasers offices, agent and employees from and against my and all claims, lama, damages, charges or expenses, whether direct or indirect and whether to persons or Property to which the Purchaser may be put or subject by rearms of any act, action, neglect, omission or defmlt on the per of the Sella, any of his contrecmrs, or my of the Sellers or contreemrs officers, agent or employees. In case my suit or otherproceedings shall be brought against the Purchase,, ter it officer, areas or employees at my time on account or by reason of my rot, action, neglect, omission ca default of the Seller ofany of hie conusetms at my of its or their often, agars a employees as aforesaid the Sella hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all cost, charges, atomeys fees and other expenses, my and all judgment But may he incurred by or obtined against the Purchaser or any of it a their offices, emu or employeas in such suit or other proceedings, and in case judgment or other lien he placed upon or obtained against the property of the Purchase, or said parties in or in a result of such suit or other proceedings, the Seller will a once cause the sane to be dissolved and discharged by giving bond Or otherwise. The Sella and his consumers shall take all safety precautions, Famish and install all guards necessary for the prevention of incident, 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 regulations issued mu ms tha an From: Jan Watson To: Jim Hume Date: 4/29/02 9:18AM Subject: Drive Train Drive Train 0 aO oin 550.564114.532400 $250.00 550.564114.536200 $250.00 Thank you Jan