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HomeMy WebLinkAbout108939 L L JOHNSON DIST CO - PURCHASE ORDER - 9111390City of � F,.�rt Collins Date: 03/08/2011 Vendor: 108939 L L JOHNSON DIST CO 4700 HOLLY ST DENVER Colorado 80216-6410 PURCHASE ORDER PO Number Page 9111390 1of2 This number must appear on all invoices, packing slips and labels. Ship To: PARK MAINTENANCE CITY OF FORT COLLINS 413 S BRYAN FORT COLLINS Colorado 80521 La-y' : gZ50 PP-n N"ICjio Delivery Date: 03/08/2011 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Toro Cab 1 LOT LS 4,706.00 2 1 Heater Kit for Cab 1 LOT LS 797.00 3 1 Right/Left Mirror Kit 1 LOT LS 228.00 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill ll, CPPO City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com Total Invoice Address: 731.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Fedm1 Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hercor, failure or delay to Internal Revenue. Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a), exercise any rights or remedies provided herein or by law, failure to Fremantle notify the Seller in the event of a breach, the acceptance ofor payment for goods hctaunder or approval ofthe design. shall not release the Seller of Goads Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects 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 treasit, may be returned to you for credit and am not to be replaced except upon receipt of written purchaser to insist upon strict performance bercofor any of its rights or remedies as to any such goods, regardless instmetiomc 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 modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the tent Inspection. GOODS am subject to the City of Four Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, wreices or equipment in empoavc to this order can result in 12. ASSIGNM ENT OF ANTITR UST CLA I MS. authorized payment on the pan of the City of Fen Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this Purchase order, the Seller hereby assigns to the Purchaser any and all claims it may new have or hereafter Freight Terms. Shipments most be F.O.B.. City of Fen Collins. 700 Wood St.. Fen Collins, CO 80522. unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services othenrisc specified on this order. If permission is given to prepay freight and charge separately. the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. When manufacturers have distributing points in various parts of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected fmm the extent distribution point to destination. and excess freight will be deducted fmm Invoice when Purchaser and the Scllcr, and the Seller thereafter indicates its inability or unwillingness to comply, the purchaser shipments am made from greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall perry all casts associated with such work. Permits. Seller shall procure at when sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and miles 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 Fed Collins harmless fmm and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rates and requirements. Authorization. All panics to this contract agree that the representatives arc, in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms 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 ifyou cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated an the purchase order and the documents munched hereto. No acts of the purchasers including, without limitation, acceptance ofpanial laic deliveries, shall operate as a waiver of this prevision. In the event ofany delay, the Purchaser shall have, in addition to ether legal and equitable remedies, the option ofplacing 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 causes not reasonably foreseeable which arc beyond its reasonable control and without its fault ofnegligenec. such acts of God, acts ofcivil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars 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 the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Sell, warrants that all goods. articles, materiak and work covered by this order will conform with applicable drawings, specifications, samples and/or other descrfptioas given, will be fit for the purposes intended, and performed 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 suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost 10 the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terns ofany applicable warranty provided by the Seller offer the date of acceptance of the gads furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany 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 ofany of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits or loss efuse. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal tent by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terns, other than legal terms, including additions to or deletions from 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 ofperfomance hereunder, in equitable adjustment shall be made. 6. TERMINATIONS. The purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods than not shipped, subject do any equitable adjustment between the panics as to any work or materials then in progress pmvidcd that the Purchaser shall not be liable for any claims for anticipated prafits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any oftheir obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change of termination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamnlas fmm 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, tom Rr. or convey this order, or any monies due or to become due hereunder widener the prior written consent of the other parry. 10. TITLE. The Seller warrant full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in Performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of mhcm. The Seller shall release the Purchaser and its contactors of any tier from all liability and claims of tiny nature resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, offsets and employees ofsuch party. The Settees contractual obligations, including wars my. shall not be deemed to be reduced, in any way, beeausc 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 covered by letter, patent, trademark or copyright, the Seller shall indemnify and mvc harmless the Purchaser fmm any and all claims for infringement by reason of the use of such patented design, device, material or pmccss in connection with the contract. and shall indemnify The Purchaser for any cost, expense or damage which it maybe obliged to pay by reason ofsuch infringement at any time during the prosecution or after the completion of the work. In case mid equipment, or any part thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or Pan is enjoined, the Seller shall, at its own cxpcnsc and at its option, either forearm for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes nominfringing. 15. 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 pmpeny or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftemu used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be constmcd ender and govcmed by the laws fthe State of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is to pMortn work hereunder, including the services of Scllcrs Repicsentative(s), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall tarty on slid work at Shccr:s own risk until the same is fully completed and accepted, and shall, in caw of any accident, destruction or injury to the work and/or materials before Scllcr's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment arc furnished 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 furnished by the Seller under the order. 18. INSURANCE. The Scher shall, at his own expense, pmvidc for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or 1. their dependents in acmrdnnec o'ith the laws of the state in which the work is to be done. The Seller shall also carry compmhensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least S300.000 for any one person. $500.000 for any one accident and pmpeny damage limit per accident of $400.000, The Seller shall likewise require his contractors, if anv, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shell do any work upon the premises ofnthers. the Seller shall furnish 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 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. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage. Toss or injury ofany kind or nature whatsoever to persons or property caused by or resulting fmm the execution of the work provided for in this purchase order or in connection herewith. The Seller will indented fy and hold harmless the Purchaser and any or all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages. charges or expenses, whether direct or indirect, and whether to persons or pmpeny to which the Purchaser may be put or subject by reason ofany act, action, neglect, omission or default on the pan of the Seller, any of his contmcmts, or any of the Sellers or contractors affects. agents or employees. In caw any suit or other proceedings shall he brought against the Purchaser, of its effects, agent or employees at any time on account or by reason of any net, action, neglect, omission or default of the Seller of any 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 same at the Sellers own expense, to pay any and all costs, charges, ammcys Ices and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers. agents or employees in such suit or other proceedings, and in case judgment or other lice be placed upon or obtained against the property of the Purchaser, or said parties in or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take 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 Ilcalth Act of 1970 and all roles and regulations issued pursuant thereto. Revised 0312010