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HomeMy WebLinkAbout398578 EQUINOX PUMP & CONTROLS LLC - PURCHASE ORDER - 9111582City of FOrt Collins PURCHASE ORDER Date: 03/16/2011 Vendor: 398578 EQUINOX PUMP & SUPPLY LLC PO BOX 100 HENDERSON Colorado 80640 PO Number Page 9111582 1o12 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 Delivery Date: 03/16/2011 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price New pump and motor per quote 3/10/11 Roselawn Cemetery C3. Oi'1.;92� City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill 11, 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 1 LOT LS Total Invoice Address: 15,639.74 15.639.74 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Temu and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax cscmptions. By Mamie the City Of Fart Collins is exempt frem Stitt and local taxes.Our Exempt inn No The, is 11. NONWAIVER. 99-01502. Federal Excise Tax Exemption Certificate of Regicny 84-6000587 is registered with the Collector of Failure of me Purchaser to insist upon strict performance of The terms and conditinns hereof, failure Or dday to Internal Revenue. Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a), exercise any rights or remedies provided herein or by lam, failure to promptly notify the Seller in the event of a breach. Inc nceepmnce ofor payment for goods hercundcr or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications. either when shipped or due to defects of .any Of the mamntics 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 upon receipt of written purchaser to insist upon strict performance hcmufm any of its rights or remedies as to mny'such goods, regardless instructions firm the City of Fort Collins of when shipped, received or accepted. as to any print or subsequent default hereunder, nor shall any purported on] niodi ficntion or rescission of This purchase order by the Purchaser operate as a waiver of any of the moots Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival, hereof. Final Acceptance. Receipt of the merchandise. .services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLA [MS. authorized payment on the part of the City of Fort 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 horns by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser tiny and all claims it may now have or hereafter Freight Terms. Shipments most be F.O.B.. City of Fort Collins. 7f10 Wood St.. Pon Collins, CO 90522. unless acquired under federal or %rate antitrust laws for such nvcmharges relating to the particular goods or services Otherwise specified oa this order. If pcmrission is given to prepay freight and charge separately, the Original freight purchased or acquired by The Purchaser parsnant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. U. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans 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 from the nearest distribution point to destination. and excess freight will be deducted front Invoice when Puchaser and the Scllcr, and the Seller there,aner indicates its inability or unwillingness 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 Al costs nssocimcd with such work. Permits. Seiler shall procure at sellers sole grist all necessary permits. certificates and licenses required by all applicable laws, regulations, ordinances and roles of the state, municipality, territory or political subdivision where the work is perforated. or requited 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 fmm and against all liability and loss incurred by them by reason cram asserted or established violation of any such lams, regulations, odinances, notes and requirements, Authorization. All parties to this contract agree that the representatives are, in fact bona ride and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the arms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hacto or incorporated hcrcin by rcfercnce. 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 premised delivery date as noted. Time is of the essence. Delivery and performance must be effected within The time stated on the purchase order and the documents attached hereto. No acts of the Purchaser, including. without limitation, acceptance ofpartial late deliveries, shall operate as a waiver of this prevision. In the event ofany delay. the Purchaser shall have, in addition to other legal and equitable remedies, the optinn ofplacing this order elsewhere and holding the Seiler liable for damages. However, the Seiler 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 fnult ofacgligence. such acts of God. acts ofeivil or militaryauthorities, governmental priorities. fires, strikes. flood, epidemics, wars or hots pmvided 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 cxtmded for the period equal to the time actually lost by reason of the delay. }. WARRANTY. The Seller warrants that all goods. 2rtidcs, materials and monk covered by this order will conform with applicable drawings, specifications. samples and/or other descriptions 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 Seiler agrees to hold the purchaser harmless fmm any loss, damage or expense which the Purchaser may sulfa or incur on account of the Scllers breach ofwarmnry. The Seller 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 law or by the terns ofany applicable warranty' pmvided by the Seiler alter the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting fmm imperfect or defective work done or materials famished by the Seller. Acceptance or use of goads by the Purchaser shall not constitute a waiver ofany claim under this warranty. Except as otherwise pmvided in this purchase order. the Scllcr% liability hereunder shall extend to all damages proximately caused by the breach ofany of the foregoing warmnries 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. J. CHANCES IN LEGAL TERMS. The Purchaser may make changes to legal terms by w'rltten change order. 5. CHANGES IN COMMERCIAL TERMS. The Pwrehascr may make any changes to the terms, other than legal terms. including additions to or ddctions Tom the quantities originally ordcmd in the %peeificationx or drawings, by verbal or .written change order. If any such change affects the amount due or the time ofpafornmacc hereunder, an equitable adjustment shall be made. fi. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as In any or all portions of the goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials Vita in progress pmvided that the Purchaser shall not he liable for any chins for anticipated profits on the uncompleted portion of the good and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any good which arc the Sellers standard stock. No such termination shill relieve the Purchaser or the Seller ofany oftheir obligations as to any goods delivered hercundcr. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be are cared within thirty (30) days from the date the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold. delivered and furnished in strict compliance with all applicable laws and regulations to which the goods arc sabjeet. 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 arc hereby incorporated hcrcin by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser a% a result of (lie Scllers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order. Or anv ninnies due Or In becnmc due hercandcr without the prior written consent of the other parry. 10. TITLE. The Seller w.m nts full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in performance of this agteement free and clear ofany and all liens, restrictions, reservations security interest encumbrances and claims of othcrs. The Seller shall release the Purchaser and its eontnctors ofany tier from all liability and claims of any nature resulting from the perfmmnnce nfsuch work. This releesc shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, OReers 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 Ferfnm red by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, dcr ice. material or process covered by Icncr. patent trademark or copyright, the Seller shall indemnify and save hamdess the Purchaser from any and all claims for infrinecmcnt by reason of the use of such patented design. de, ice. 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 at any time during the prosecution or infer the completion of the work. In case said equipment, or any pan thercnf or the intended use of The good, 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 Parehascr the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it hmomcs noninfringing. Is. INSOLVENCY. If the Seller shall beco nc insolvent or bankrupt make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith he canceled by the Purchaser without liability. 16. GOVERNING LAW. The dermitions oftcmis used or The interprclaimn ofthc agreement and the rights ofall parties hereunder shall be cnnstmcd under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases w'herc the Seller is to perfomr, work hereunder. including the services of Scllcr% Represcntmive s), on the premises of others. 17, SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall. in case of any accident, destruction Or injury to the work and/or tnotaials before Seller's final completion and acceptance, complete the work at Scller's man expense and to The satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle mime at the site and become responsible therefor as though such materials and/or equipment were wing famished by the Seller under the order. IS. INSURANCE. The Seller shall, at his man expense, provide for the payment of oTotem compensation, including occupational disease here0ts. 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 laws of the state in which the work is to be donor The Scllcr shall also carry comprehensive general liability including, but not limited to, contmcmal and amomobile public liahility insurance with bodily injury and death limits of at least S300.000 for any one person. S500,000 for any one accident and pmpcny damage limit per accident Of S400.000. The Scllcr shall likewise require his contractors, irony. to provide for such cnmpen; anon and insurance. Before any of the Sellcis or his contractors employees shall do any work aren the premises of othcrs, the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have been provided. Such ecniftcares shall specify the date when such enmpensatinn and insurance have been pmvided. Such eenifcacs shall specify the dam when such compeamtion and insurance expires. The Scllcr.igtcc% that such compensation and insurance shall be maintained until area the entire work is completed and accepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Scllcr hereby essumres the entire responsibility and liability for any and all danage, loss or injury ofany kind or nature whatsoever 10 persnn%Or property caused by or resulting front the execution of the work pmvided for in This purchase order or in connection herewith. The Seiler will indemnify and hold harmless the Pnchaser and any r nil of the Puremsers officers, agents and employees from and against any and all taints, losses, damages, charges or expenses, whetter direct or indirect, and whether to persons or property to which the Purchaser may he put or subject by reason of any act, action, neglect Omission or defmdt on the port of the Seiler, any of his contractors or any of the Sellers Or contractors officers, agents or employees In case any suit or other proceedings shall be brought ngainsl the Purchaser, or its officers, agents or cmployces m any time on account Or by reason of any act, actin, neglect, omission or dcfauh of the Seller of any of his contractors or any of its or their office", agents or employees as aforesaid. the Seiler hereby agrees to assume the defense Ihemof and to defend the urns 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 or chained against the Purchaser or any of its or their officers. ,agents or employees in such suits or Other proceedings, and in case judgnrntl or other lien be placed upon or obtained against the property of The Purchnser, or said parties in or as a result of such suits or other proceedings, the Seller will at once cause the same to be dismlved and dimhnrged by giving bond or nthcnvisc. The Seiler unit his contractors shall take all safely precautions, famish and insmll all guards necessary for the prevention of .accidents, comply with all Imes and regulations with regard to safety including, but without limitation, the Oecupxtionol Safety and llcallh Act of 1970 ravel all mlcs and regulations issued pursuant thereto. Revised 03/2010