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HomeMy WebLinkAbout414759 SWINGLE LAWN TREE & LANDSCAPE CARE - PURCHASE ORDER - 9111578 (2)PURCHASE ORDER PO Number Page City Of 9111578 1 °f z `t Collins This number must appear " 1 on all invoices, packing slips and labels. Date: 03/30/2011 Vendor: 414759 Ship To: PARK MAINTENANCE SWINGLE LAWN TREE & LANDSCAPE CARE CITY OF FORT COLLINS PO BOX 17248 413 S BRYAN DENVER Colorado 80217-7248 FORT COLLINS Colorado 80521 Delivery Date: 03/16/2011 Buyer: JOHN STEPHEN Note: Line Description Quantity fUOM Unit Price Extended Ordered / Price 3 split account 1 LOT EA 4,164.00 C�,�, C3. O✓le:ssLs� C/ City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 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:purchasing@fcgov.com Total $4,164.00 Invoice Address: 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 fmm state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue. Denver, Colorado (Ref Colorado Revised Statures 1973. Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit, may be resumed to you for credit and arc not to be replaced except upon receipt of written iastmetions From the City offal Collins. Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance mi terms and conditions hereof. failure or delay to exercise any right or remedies pmvided herein or by law. failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods 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 strict performance hereafor any of its rights or remedies as to nny such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, not shall any purported oml modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. Final Acceptance. Receipt of the merchandise, scrvices 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 understood 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 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 Pumhxscr any and all claims it may now have or herea0cr Freight Terms. Shipments most be F.O.B.. City of Fort Collins. 700 Word St., Fort Collins, CO 80522. unless acquired under federal or state antitrust Imes for .such overcharges relating to the particular goods or services othcmviw 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 most 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 Purchnscr direct 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 from Invoice when Purchaser and the Scllcr, and the Seller dum iftar indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distance, may cause the work to be perforated by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable Imes, regulations, ordinances and mlcs 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 Fort Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations ordinances, rules and requirements. Authorisation. All parties to this contract agree that the rcprmnmtivcs 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 and conditions stated herein set forth and any supplementary or additional terms and conditions annexed herein 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 cannot make complete shipment to arrive on your premised delivery date as noted. Time is ofthc essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached herein. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver ofthis provision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing 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 of negligence. such acts of God, acts of civil or military authorities. governmental priorities, fires, spikes. Bad, epidemics, oars or riots provided that notice of the conditions causing such delay is given to the Purchnscr within rive (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 Seller warrants that all goods, articles. materials and work 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 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 ofwartanty. The Seller shall replace, repair or make gad, 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 terms ofany applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (aacptance not to be unreasonably delayed). resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of good by the Purchaser shall not constitute a waiver ofany claim under this warranty. Except as otherwise provided in this purchase aide,, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or gaamntecs, but such liability shall in no event include loss ofpmfit or loss of usc. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4, CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions firma the quantities originally ordered in the specifications or drawings, by vedmal or written change under. If any such change affects the amount due or the time of pMormancc hereunder, an 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 good then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided that the purchaser shall not be liable for any claims 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 goods which arc the Sellers standard stock. No such tcmmination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hemmnder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days fmm the date the change or tcmumoion is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been pmduccd. sold, delivered and famished in shi<t 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 Imes and regulations required to be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless fmm all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE, The Seller warrants full, clear and ,.restricted title to the Purchaser forall equipment, mnteriata, and items furnished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. The Seller shall release the Purchaser rand its contractors of any tier from all liability and elnims of any nature resulting fmm the performance ofsuch work. This release shall apply even in the event of built of negligence of the parry released and shall extend to the directors, officers and employees ofsuch 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 perforated 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,cxve hapless the Purchaser 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 ofsuch infringement at any time during the prosecution or u0er the completion of the work. In case said equipment. or any part thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of slid equipment or part 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 anninfringing. 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 pmpery or business, this order may forthwith be canceled by the Purchaser without liabiliy. 16. GOVERNING LAW. The definitions of terms used or the interpretation ofthc agreement and the rights Mall parties hereunder shall be contained under and governed by the Imes Mthc Statc of Colomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the scrvices of Scllcrs RCPmsemmi'vla), on the premises ofothcrs. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sciler'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 materials before Seller'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 famished by others for installation or erection by the Seller. the Seller shall receive, unload, stow 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. 19. INSURANCE. The Scllcr shall, at his own csperov. provide for the payment of workers compensation, including occupational disease benerit, to it 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 done. The Scllcr shall also carry rnmprchensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least 5300.000 for any one person. $560,000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if nny, to provide for such compensation and insurance. Before any of the Sellers or his conlraclUrs employees shall do any work upon the promises nfothcrs, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have ban provided. Such certificates shall specify the date when such compensation and insurance have ban provided. Such certificates shall specify the datn.vhen such compensation and insurance expires. The Scllcr agrees that such compensation and insurance shall be maintained until aRcr 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. loss or injury ofany kind or nature whatsoever to persons or property caused by or resulting Tom the execution of the work pmvided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Purchasers oRcers, agents and employees from and against any and all claims losses, damages, charges or expenses, whether direct or indirect and whether to persons or property to which the Purchaser may be put or subject by reason of any net action, neglect, omission or default on the pan of the Scllc, nny of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchnscr, or its officers, agents or employees at any lime on account or by reason of any ael. action. neglect emission or default of the Seller of any of his contractors or any of its or their oRcers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Scllcrs own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their affects. agent or employees in such snits or other procmlings, and in case judgment or other lien be placed upon or obmincd against the property ofthe Purchaser. or said parties in or as a result of such suits or other proecodinge, the Seller will at once cause the same to be dissolved and discharged by giving bond at otherwise. The Seller and his contractors shall take all safety precautions, famish 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 Hcalth Act of 1970 and all mles and regulations issued pursuant thereto. Revised 03/2010