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HomeMy WebLinkAbout440937 PIERCE MANUFACTURING INC - PURCHASE ORDER - 9104511City of Fort Collins Date: 03/11/2011 PURCHASE ORDER Vendor: 440937 PIERCE MANUFACTURING INC PO BOX 2017 APPLETON Wisconsin 54912-2017 PO Number Page 9104511 102 This number must appear on all invoices, packing slips and labels. Ship To: POUDRE FIRE AUTHORITY - AD 102 REMINGTON FORT COLLINS Colorado 80524 je,Imo,.,`I _ inGyy r/f ;-0bf rK/i,e4i r e . to Delivery Date: 08/30/2010 1 0Buyer: JAMES HUME Note Line Description Quantity UOM Unit Price Extended Ordered Price 4 Addendum 1 LOT EA 2,989.00 Change order #3 9m--� Q. Oi'1.:a2lw- 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: •:• 11 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 starve the City of Fan Collins is exempt fmm state and local taxes. Our Exemption Number is 11 NONWAIVER. 98-04502. Federal 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 hereof, failure or delay to Internal Revenue. Denver, Colorado (Ref Colorado Revised Starnes 1973, Chapter 39-2h, 114 (n). exercise any rights m remedies provided herein or by law, failure to promptly notify the Seller in the event ofa breach, the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to of ct sPeeifica roue' either when shipped or duc to dcfccte of any of the warranties or obligations of this purchase order and shall not he deemed a waiver of any right of the damage in transit. may be returned to you for credit and arc not to be replaced except upno receipt of written purchaser to insist upon strict performance here for any ofits rights or remedies as to any such grads, regardless instructions From the City of Fort Collins. of when shipped, received or accepted, to 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 terms Inspection. GOODS are subject to the City of Fort Collins_ inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, scrvicei or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fort Collins. However it is to be understand that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting fmm antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedure,. violations arc in fact bone by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby nssigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B.. City of Fort Collins, 700 Nord St, Fad Collins, CO 80522, unless acquired under federal or state antitmat laws for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge sePnmtely, the original freight purchased or acquired by the Purehascr pursuant to this purchase artier. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance Where 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 nearest distribution point to destination, and excess freight will be deducted Farm Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingnms to comply, the Purchaser shipments are made fmm greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs assoc ated with such work. Permits. Seller shall procure at idlers sole cost all naas'rry permits, certificates and licenses required by all applicable laws, regulations, ordinances and mles of the state. municipality, territory or political subdivision where The Seller shall release the Purchaser and its cnnuactom of any tier from all liability and claims of any nature the work is performed, or required by any other duly constituted public authority having jurisdiction over the work resuhmg from the performance ofsuch work, of vendor. Seller further agrees to hold the City of Fan Collins handless from and against all liability and Ins, incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules This release shall apply even in the event of fnult of negligence of the party released and shall extend to the and requirements. directors, officers and employees nLsuch piny. Authorization. All panics to this contract agree that the representatives arc. in fact, bona fide and possess full and The Scllces contactual obligations, including w'am, my, shall not be deemed to be reduced, in any way. bmanse complete authority to bind said panics. i such work is performed or caused to be perforated by the Purchaser. LIMITATION OF TERMS. This Purchase Order est, ly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terra and conditions annexed hereto or incorporatc herein by reference. Any additional or different Icrns and conditions proposed by seller arc objected to and hereby rejectM. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately promised delivery date as noted Time is of the es once. f stated on the purchase order and the documents attach limitation, acceptance of partial late deliveries, shall oper. the Purchaser shall have, in addition to other legal and cqt and holding the Seller liable for damages. However, the I due to causes not reasonably foreseeable which are beyom such acts of God, acts of civil or military authorities, gave Hats pmvidcd that notice of the conditions causing such i time when the Seller first rcaived knowledge thereof. In extended for the period equal to the time actually lost by ry 3. WARRANTY. The Seller warrants that all goods, articles, materials and drawings, specifications. samples and/or other dmcript performed with the highest degree of cam and conmemi similar nature. The Seller agrees to hold the purchaser Purchaser may suffer or incur an account of the Scllcrs bi good, without cost to the purchaser, any defects or faults time as may be prescribed by law or by the terms of any r acceptance of the goods famished hereunder (acceptance or defective work done or material, furnished by the Sell constitute a waiver of any claim under this warranty. Exec liability hereunder shall extend to all damages pmximatcl or guarantees, but such liability shall in no event include OR MERCHANTABILITY OR OF FITNESS FOR PURI 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal term by writhe, 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the Icarus. other the quantities originally ordered in the specifications or change affects the amount due or the time ofperfomnnec fi. TERMINATIONS. The Purchascr may at any time by written change order. goods then not shipped, subject to any equitable adjustor progress pmvidcd that the Purchascr shall not be liable Friction of the goods and/or work. for incidental or eonsa favor of the Seller with respect to any goods which am th the Purchascr or the Seller of any of their obligations as to 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thin ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall h compliance with all applicable laws and regulations to u deliver such documents as may be required to effect orce incorporated in agreements of this character arc hereby i indemnify and hold the Purchaser harmless from all cast Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, ransfcr, or convey this order, i prior written consent of the other party. f you cannot make complete shipment to arrive on your livery and performance must be effected within the time I hereto. No act, of the Purchasers including, without : as a waiver of this provision. In the event of any delay, table remedies, the option nfrl.cirg this order els ivimm filer shall not be liable for damages as a result of delays it reasonable control and without its fault ofacgligcnce. tmcntal priorities, fires, strikes. Bond, epidemics, wars or !lay is given to the Purchawr within five (5) days attic he event of any such delay, the date of delivery shall be son of the delay. work covered by this order will conform with applicable ens given, will be fit for the purposes intended, and cc in accordance with accepted .standards for work of a harrnlcss fmm any loss, damage or expense which the .aeh of warranty. The Seller shall replace, repair or make rising within one (1) year or within such longer period of mliwble winnow pmvidcd by the Scllcr after the date of ,at to he unreasonably delayed). resulting from imperfect r. Acceptance or rise of gads by the Purchaser shall not it as otherwise pmvidcd in this purchase order, the Scllcrs caused by the breach of any of the foregoing warantics ... of profits or Inns of use. NO IM PLI ED W ARRAN TY USE SHALL APPLY. change order, legal terms, including additions to or deletions fmm ags, by verbal or written change order. If any such nder, an equitable adjustment shall be made. criminate this agreement as to any or all portions of the t between the panics as to any work or materials then in r any claims for anticipated profits on the uncompleted ential damages. and that no such adjr amens be made in Scllcrs standard stock. No such termination shall relieve ny goods delivered hereunder. (30) days (man the date the change or termination is been produced, sold, delivered and furnished in strict h the goods arc subject. The Seller shall execute and cc compliance All laws and regulations required to he 'prated herein by this reference. The Seller agrees to J damages suffered by the Purchascr as a result of the mnnics due or to bee me due hereunder without the 14, PATENTS. Whenever the Seller is required in use any design, device, material or pmccsv covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser Farm any and all claims for infringement by reason of the use of such patented design, device. mntcrial or pmecss in munedian with the contract, and shall indemnify the Purchaser for tiny cost, expense at damage which it may be obliged to pay by reason of such infringement at any time during the Irn or nRer the completion of the work. In case said equipment, m 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 expense and at its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes moninfringing. 15. INSOLVENCY. If the Seller shall became insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver ar trustee for any of the Sellers poi or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftcmo used ar the interpretation ofthe agreement and the rights ofall panics hereunder shull be constmcd under and governed by the laws of the State of Colomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Sellers Repmsemative(. )L on the prcmiscs of othcrs. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's ram risk until the same is fully completed and accepted, and shall, in case of any accident. destruction at injury to the work and/or mntcrials before Sellers final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchascr. When materials and equipment are 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 us though such materials and/or cquipmcnl were being furnished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including nccupationrl disease bencrits, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the Imes of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to. contactual and automobile public liability inaurance with bodily injury and death limits afar least S300.000 for any one person. 5500.006 for any one accident and property damage limit per accident of S400.000. The Seller shall likewise require his contractors, if ony, to provide for such compensation and insurance. Before any attic Scllcrs or his contractors employees shall do nny work upon the prcmiscs of othcrs, the Seller shall famish the Purchascr with a certificate that such compensation .,,it insurance have been provided. Such eenifieams shall specify the date when such compensation and insurance have been pmvidcd. Such certificates shall specify the date when such compensation and insurance expires. The Scllcr agrees that such compensation and insurance shall be maintained until iner the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Scllcr hereby amsumcs the room responsibility aM liability for any and all damage, lessor injury ofany kind or nature whatme,cr to persons or pmpeny caused by or resulting fmm the execution ofthe work pmvidcd for in this purchase order or in connection herewith. The Sellerwill indemnify and hold harmless the Purchascr and any or all of the Purchasers officers, agents and employees from and against any and all claims, losses, damngcs, charges or expenses, whether direct or indirect and whether In persons or pmpeny to which the Purchascr may be pot or subject by reason of any act. action, neglect, omission or default on the pan attic Scllcr, any of his contractors, or any of the Sellers or contractors officers, agents or employees In case any mit or other poceedings shall be brought against the Purchaser, or its officers, agents or employces tit any time on account or by reason unfunny act, action, neglect, amission 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 defenac thereof and to defend the same at the Scllcrs turn expense, to pay any and all costs, charges, attorney, fees and other expenses. any and all judgments that may be incurred by at obtained against the Purchascr or any 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 obtained against the property of the Purchascr, or said panics in or as a result ofsuch 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, famish and install all grounds necessary for the prevention of accidents, comply with all laws and regulations with regard to .safety including, bat without limitation, the ID.TITLE. I Oceupalional Safety and Health Act of 1970 and all rules and regulations issued pursuant thercm. The Seller wid ant, full, clear and unrestricted title to the Purchascr for all equipment, materials, and items famished in performance of this agreement, free and dear of any, and all liens, restrictions, reservation,, security interest Revised 03/2010 encumbrances and claims ofothem.