HomeMy WebLinkAbout102817 MACDONALD EQUIPMENT COMPANY - PURCHASE ORDER - 3307054Date: 11/13/03
City of Fort Collins
Page Number: 1
City of Fort Collins
Purchase Order Number: 3307054
Delivery Date: 11/19/03 Buyer: HUME,JAMES
Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence.
Note:
Line Qty/Units Description Extended Price
1 1 LOT 5,188.00
WYLIE PS-300 PU MOUNT SPRAY
TANK PER MACDONALD EQUIPMENT PRICE QUOTE DATED
NOVEMBER 6, 2003.
Total $5,188.00
_.., _.. _.. _ .... a _.._ ..._....._.._a_..._... City of Fort Collins
This order is alid over $2000 unless signed by James B. O'Neill 11, CPPO, FNIGP Accounting Department
City of Fort Collins Purchasing, PO Box 580, Fort Collins, CO 80522-0580 PO Box 580
Phone: 970-221.6775 Fax: 970-221.6707 Email: info@cl.fortcollins.co.us Fort Collins, CO 80522-0580
1. COMMERCIAL DETAILS.
Invoice Address. To ensure prompt Payment .if invoices in duplicate n,
City of FortCoilim Accounting Division
P.O. Box 580
Fort Collins, CO 80522
Tax exemptions. By statute the City of Fort Collins is exempt from state and Isal taxes. Our Exemption Number
is 98-04502. Pedaal Excise Tax Exemption Certificate of Registry 84 m(x)58T is rem marl with the Collector of
Internal Remains, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 (a).
Goods Rejected, GOODS REIECIED due m falure to meet specifications, either when shipped or due to defers
of damage in transit, may be rammed to you for credit and are not to be replaced except upon receipt of writren
instructions from %e City of Fort Collins.
Inspection. GOODS aft, subject to the City of Fort Collins inspection on arrival.
Final Acceptance. Reodp ofdm merchandise, savicas or equipment in sespaae in this order can result in aahoned
payment an to pant of the City of Fart Collins. However, it is to be understood that FINAL ACCEPTANCE is
dependant upon canpleum of all applicable ranked inspection procedure.
Freight Tema. Shipments most be P.O.B., City of Fat Collins, 70) Wood St. Fort Colima, CO 90522, colas
otherwise specified an this under. If permission is given to p e any freight and charge separately, the ongisW freight
bill must ucarryany invoice. Additional charges for puking will not he =Men
Shipment Distance. Where manufactums have distribute, points in various Isms of the country, shipment is
expected from the nemeat distribution point to distinction, and excess freight will m deducted from Invoice when
shipments ere made f onn greater distance.
Permit. Sella shall procure at tillers sole cat all nenasary permits, ce tificata and licenses required by all
applicable laws, teguli iors, odie.. and rules ofthe mute, municipality, tern army or political subdivision where
the work is performed, or required by any other duly mounted public awhonty havingjurisdic ion over the work
of vendor. Sella further agrees to hold the City of Fort Collins harmless fimn and against all liability and loss
incurred by them by reason of m asserted or established violence of any such laws, regulations, ordinances, rules
and romirernaft
Authorimom. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and
complete authority to bind said parms,
LDUTATION OF TERMS. This Purchase Order expressly limits somptmce to the terms and conditions stated
herein Be fall, and my mpplmnmtary or additional tams and conditions annexed hereto or incorporated 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 carma make complete shipment to arrive an your
promised delivery date in noted Time is ofthe assume, Delivery and performance most be effected within the time
said m the punchers order and the documents armatd hereto. No acts of the Purchasers including, without
limirotim, xceptmce of partial late deliveries, shall operate as a waiver athis provision. In die event of my delay,
the Pumhsa shall have, in addition to other legal and Notable mnxd es, the option of placing this order elsewhere
and holding the Sella liable far damages. Howevm the Sella shall not he liable for damages s a result of delays
due to causes sat reasonably foreseeable which are beyond its reasonable control and without its fault of negligence,
such acts of God, sns of civil or inilthey authorities, goveramenal priorities, fires, strikes, flood epidemies, was
or nos Provided that notice of the condiaans causing such delay is given to the Puchaser within five (5) days of the
time when the Sella first received knowledge thereof In the event of my such delay, the date of delivery shall be
extended fa the period equal to the time actually lost by reason of the delay.
3. WARRANTY.
no Sella warrants that all gods, micles, materials and work covered by this order will conform with applicable
drawings, speaficatias, samples and/or that de..ipucre given, will be, fit for we puposa intended, and performed
with the highest degree of care and competence in accordance with accepted standards fa work of a similar nature.
The Sella agrees to hold the pmchmer hashes from my loss, damage or expense which the Purchaser may suffer
or incur on account ofthe Sellers breach ofwmmty. The Sella shall replace repair or make good without cost to
the purchases, my defers or furls arising within one (I) year or within such longer peril of time as may be
prescribed by law or by the tams of my applicable warranty provided by the Sella ma the date of acceptance of
the goads furnished hereunder (acceptance not to be mreasonably delayed), resulting from imperfect or defective
work done a materials famished by die Sella Acceptance or use of goods by the Purchases shall not constitute a
waiver of my claim undo this warranty. Except in otherwise provided in this Functions, order, the Sella, liability
hereunder shall extend mall damages proximately caused by the breach of my of the foregoing warmaties m
guarantees, but such liability shall in no event include Ims ofpmfits or lots of use. NO IMPLIED WARRANTY OR
MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4 CHANGES INLEGAL TERMS.
The Purchaser may, make changes to legal toms by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make my changes in the tom, odia than legal tams, including additions to or deldions from
the quantifies originally ordered in the specifications w drawings, by verbal w women change order. If my such
change affects the amount due in the time of performance hereunder, an equitable adjustment shall be made.
6. TERNUMATIONS.
The Purchaser may at my time by wrimm change order, tmniratc this agreement a to my or all portions of the
goods man not shipped, subject m my equitable adjustment between the ponies as to my work or materials then in
progress prosidd mat the Purchser shall na be liable for my claims for anticipated profits on the mcomplad
portion ofthe goodt ember work, fnr hundental or consequential damages, and that no such adjustment be made in
favor ofthe Sella with respect to my gods which are the Sella, standard stock. No such «ovation shall relieve
the Purchases or the Seller of my ofineir obligations as to my gods delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim fa djnstrcent most be asatd within thirty, (30) days from the data the change or temtindan is ordered
B. COWLIANCE WITH LAW.
The Sella warrants that all goods sold hereunder shall have been produced sold, delivered and famished in strict
ompliance with all applicable laws and regulations in which the goods are subject. The Seller shall execute and
deliver such documents in may be squired to effect or evidence compliance. All laws and regulations required to
be incorporated in epownmto of this character are hereby incorporated herein by this reference. The Sella agrees
to indemnify and hold the Purchaser harmless firm all costs and damages suffered by me Purchaser as a result of
the Sella, failure to comply with such law.
9. ASSIGNMENT.
Neither party shall amigo transfer, or convry this ado, or my monies due or to become due hereunder withst the
Four written coment of the that party.
10. TITLE.
The Sella warrens full, cl.r and,free and clew o the and
of l for all equipment rretrrialo and emu fiuntehd
in cannammce of this agreement free and clear of any and all lima, ratndone, reservations, security interest
encumbrances and claims of others.
11. NONWAIVER.
Failure of the Purchaser in insist upon strict performance of the terrns and mediums hereof, failure or delay to
exercise my rights or remedies provided herein or by law, failure to promptly notify the Sella in the event of a
breach, the acceptance of or payment for goads hereunder or al pmvel ofthe design, shall not release the Sella of
any of the warranties a obligations of this purchase order and shall not be deemed a waiver of any right of the
purchaser to insist upon strict pefsmance hereof or my of is rights or remedies as to any such goods, regardless
of when shipped, received or accepted as to my prior or subsequent default hereunder, nor shall my purported anal
modification or rescission of this pumhase order by the Purchaa operate. a waiver of my of the terns hereof
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Sella and the Purchaser rem run, that in sexual economic pruuce, overcharges m ing from mutmrt violations
are in fact borne by the Punchso. Theruofae, for good cause and as cmsidaauon for executing this pmchme order,
the Sella hereby assigns in the Purchaser my and all claims it may now have or hereafter acquired under fderdl or
state antitrmt laws fan such overcharges relating to the particular smile m services purchased or acquired by the
Purchaser pursuant m this purchase order
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaur direcs the Seller in co me, nonconforming or defective goods by a date to be agreed upon by the
Purchaser and the Sella, and the Sella thavefter 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 Sella shall pay all casts
associated with such work.
The Sella shall release the Purchaser and its contractors of any tia from all liability and claims of my nature
resulting from the performance of such work.
This release shrill apply am in the evert of fnult ofnegligmce ofthe Party releaud andshall extend to die i irecturs,
officers and employees of such party.
The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, became such
work is performed or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Sella is required to use my design, device, material or process covered by Imer, patent, trademark
or copyright, the Sella shall indemnify and save hamlas the Purchases from my and all claims for infringement
by reason of the use of such patented design, device, material or pocae in connection with the contract, and shall
indemnify the Purchases fan my cat, expense or damage which it may be obliged to pay by mason of such
infringement at my time during the prosecutor, or after the compldon ofthe work. In case said equipment or my
pert thereof or the intended use of the goods, is in such suit held to candmte infringement and the me of said
equipmot or part is enjoined, the Sella shall, at its own expense and at its option, saber procure for the Purchaser
the right to continue using said equipment or pars, replme the same with subnantially equal but ns.infongmg
equipment, or modify it so it becomes non -infringing.
15. INSOLVENCY.
If the Sella shall become insolvent or bankrupt make an assignment for die benefit of creditors, appoint a receive,
or ancom for my ofthe Sellers property or business, this order may forthwith be canceled by the Purchaser without
liability.
16. GOVERNING LAW.
The definitions of terms used or the interpretation of the agreement and the rights of all part. hereunder shall m
consimed anchor 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 Repramtative(s), on the p anises of others.
17. SELLERS RESPONSIBILITY.
The Sella shall carry on said work a Sellers own risk and] die some is fully mar letd and sweeptd and shall, in
case of my accident, destmctim m injury to the work and/or materials before Sellers final cmnplaion and
acceptance, complete the work m Sallab own expanse and to the wi sfmuon of the Purchases When materials and
equipment arc famished by others f installation or aemon by the Sella, the Sella shall receive, unload, atom and
handle same at the site and become responsible therefor a though such rratemals and/or equipment were being
famished by the Sella under the ender.
I8. INSURANCE
The Sella shell, at his own expempl provide r i the payment it workers compensation, including occupational
disease benefits, n its employees employed ] a in mrmauon with the wank mvaed a this purchase o Salado, and/or
n their dependents in accordance with the laws of the state in which the work is b be doe. The Sella shall alu
carry comprehensive general liability including, but not limited to, contractual and automobile public liability
imaana with bodily injury and death limits of U least 5300,00p fan any me pass, $500,000 for my me accident
and property damage limit per window of S40o,000. The Seller shall likewise require his contractors, if my, m
Provide for such compenedon and insurance. Before any ofthe Sellers orhis carmacos employees shall do my
work upon the Premiss of others, the Sella shall fianish the Purchaser with a cauflcate that such compesation and
iaursom have them provided Such ma iftcats shall specify the date when such compensation and insurance have
been provide. Such certificates shall specify the date what such compensation and insurance expirs. The Seller
agrees that such compensation and insurance shall be maintained until after the mum work is completed and
accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella hereby essences the entire responsibility and liability fa any and all damage. lots or injury affinity kind
or nature whassver to Forams or Property mused by or resulting ftom the execution ofthe wwk Provided for in
this purchase order or in cognation herewith. The Sella will indemnify and hold hamdes the Purchases and my
or all of the Purchasers officas, agess and airplay. from and against any and all claims, lass., damp., charges
or expenses, whether direct or indirect, and whether in persons or property in which the Purchaser may he put or
subject by ream of my ass, spun, neglect, omission or default an the pm of the Sella, my of his contsuaors, w
my of the Selles or contractors officers, agents or employees. In ones my suit or other proceedings shall be brought
against the Purchases, or is officers, agents or employees at my time on acwunt or by resin of my act, mum,
neglect, omissis or default ofNe Sella of my influx cantrBdas or my of its or their oRc ft, agents or employas
as aforesaid, the Sella thereby agrees n ssume the defense thereof and m defend the ➢ one a the Sell. own
expense, to pay my and all outs, charges, moneys fors and other capensa, my and all judgments dint may be
incurred by or obtained against me Paclaser w my aits or their officers, agents m mryloyea in such suits or odia
pocedings, and in one judgm nt in other lim bs placed ups a obtained against the property of the Purchases,
dsaid parties in or a a result of such a suits other proceedings, the Sella will at once case the sans la,n
issolved and dischagd by giving hand or ahawise. The Sella and his contrwtOn shall take all safety prommons,
furnish and install all guards weents, for the promotion of accidents, comply with all laws and regulations with
regard no safety including, bar without limitation, the Occupdoml Safety and Halth Act of 1970 and all rules and
reguldorts issued pursuant thereto.
Revised I1/9