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HomeMy WebLinkAbout102572 ALTEC INDUSTRIES INC - PURCHASE ORDER - 9111911City of Fort Collins Date: 04/06/2011 Vendor: 102572 ALTEC INDUSTRIES INC 641 TELLURIDE ST AURORA Colorado 80011-7818 PURCHASE ORDER PO Number Page 9111911 1of2 This number must appear on all invoices, packing slips and labels. Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 04/06/2011 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 each, Altec AT37G aerial device 1 LOT LS per quote # 136616-2, Attn: Cheryl Kaelin and Kolby O'Brien Dept: Light & Power City contact: Jim Hume, Senior Buyer, 970-221-6776 Body will be mounted on a 2011 Ford F-550 which will be drop -shipped to Altec. Deliver completed unit & title documents to: Fleet Main Shop, 835 Wood Street, Fort Collins, CO 970-221-6613 Title vehicle to: City of Fort Collins 835 Wood Street Fort Collins. CO 80521 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 Invoice Address: 55,155.00 155.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Number is 1I. NONWAIVER. 98-04502. Federal Exeisc Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the tans and conditions hereof. failure or delay to Internal Revenue, Dcnver, Colorado (Rcf. Colorado Revised Scuffles 1973. Chapter 39-26. 114 (a), exercise any rights ar remedies pmvidcd herein or by Imv, failure to promptly notify the Seller in the event of n breach, the acceptance ofor payment for goods hereunder or approval of the design. shall not release the Seiler of Goods Rejected. GOODS REJECTED due to failure to me r specification, either when shipped or due to defects of any of the wamntics or obligations of this purchase older and shall not be deemed a waiver ofany right of the damage in transit, may be rcffmed to you for credit and am not to be replaced except upon receipt of written purchaser to insist upon strict perfomance hcreefor any of its rights or remedies as to any such goods, regardless inshuctions 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 terms Inspection. GOODS are 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 CLAIMS. authorial payment no 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 fmm antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact home by the Purchaser. Thcrclofore, for grad cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hererner Freight Terms. Shipments most be F.O.B.. City of Fort Collins, 700 Wood St., Fort Collins, CO 80522. unless acquired under federal or state antitrust laws for such overcharges relating to the particular fluids or services otherwise 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. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in varions 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 from Invoice when Purchaser and the Seller, and the Seller thema0cr indicates its inability or unwillingness to comply, the Purchaser shipments arc made form, greater distance. may cause the work to be perfomad by the most expeditious means mailable to it, and the Seller shill pay all costs associated with such work. Permits. Seller shall procure at sellers sale cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is perfumed, 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 assured or established violation of any such laws, regulations, ordinances rules and requirements. Autholmtion. All parties to this contract agree that the representatives are. 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 heeia set forth and any supplementary or additional tome and conditions annexed hereto or incorporated herein by reference. Any additional or di06rcnt terms and conditions purposed 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 promised delivery date as noted. Time is ofthe essence. Delivery and performancc most be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpanial late deliveries, shall operate as a waiver of this provision. In the event of any delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seiler liable for damages. However. the Seller shall not be liable for damages as a result of delays due to canes not reasonably foreseeable which are beyond its reasonable control and without its fault of negl igcnec. such acts of God, acts of civil or military authorities, governmental priorities, fires, strikes. Rood, epidemics. wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within Bvc (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 of warranty. 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 lime as may be pmwribcd by lase or by the terms ofany applicable warranty provided by the Seiler after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Pumhrwr shall not constitute a waiver ofany claim under this womanly. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss ofpmfits or loss of use. 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. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the temw, other than legal tamers. including additions to or deletions fmm the quantities originally nldemd in the specifications or drawings, by verbal or written change nrder. If any such change affects the amount due or the time of performance hercmnda 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 Foods then not shipped, subject to any equitable adjustment b rrawn the panics as to any work or materials then in pmgresa provided that the Purchaser shall not be liable for any claims for anticipated pmfts 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 arc the Sellers standard stock. No such termination shall relie.e the Purchaser or the Seller ofany oftheir obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be as ened within thirty (30) days form the date the change or tcmination is ordered. S. COMPLIANCE WITH LAW. The Seller wamnts 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 are subject. The Seller shall cxccum and deliver such documents as may be required to eHeet 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 harmless form all costs and damages suffered by the Pumhascr as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other parry. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in perfomxncc of this agreement, free and clear of any and all liens, restrictions, reservation, security interest cncumbmnccs and claims of onci The Seller shall rcicasc the Purchaser and it contractors of any tier form all liability and claims of any nature resulting from the perfnmrance ofsuch work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, nRcent and employees ofsuch parry. The Sellers contractual obligations, including warm my. shall not be deemed to be reduced, in any way, because such work is perfumed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seiler is required to use any design, device, material or process covered by letter, patent. trademark or copyright. the Seller shall indemnify, and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device. material or purees 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 after the completion of the work. In case said equipment, or any pan 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 rat its option. either procure 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 noninfringing. 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 property or busincc, this order may forthwith be canceled by the Purchaser without liability. 16, GOVERNING LAW. The definitions ofterms used or the interprctalion of the agreement and the rights of all panics hereunder shall be construed under and governed by the Imes Of the State of Colmndo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the.wniccs of Scllcrs Represernative(s), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Sellershall cony on said work at Seller's own risk until the same is fully cnmpided and accepted, and shall, in case ofany accident. destruction or injury to the work and/or materials before Scller's final completion and .acceptance, complete the work at Seller's own expense and to the sntisfnclion of the Purchaser. When mmcriud and equipment are furnished by others for installation or erection by the Seller. the Seller shall receive, amend, store and handle same at the site and become responsible therefor as though such nmtcrials and/tar equipment were being furnished by the Seller under the order. IS. INSURANCE. The Seller shall, at his own expense, provide 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 to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also tarty comprehensive general liability including, but not limited to, continental and automobile public liability insurance with bodily injury and death limits of at least S300,000 for any one person. S500,000 for any one accident and property damage limit per accident of 5400.000. The Seller shall likcwisc require his contractors, if any, to provide for such compensation and insurance. Before any of the Scllcrs or his contractors employees shall do any work upon the premises of others, the Seller shall furnish the Purchaser with a certificate that such compensation and insumem 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 Seiler hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind or nature whatsoever to persons or proi caused by or resulting from the execution offl a work provided for in this purchase order or in connection herewith. The Seller will indemnify, and hold harmless the Purchaser and any or all of the Purchasers officers, agents and employees form, and against any and all claims, losses, damages. charges or expenses, whether direct or indirect. and whether to persons or preperty to which the Purchaser may be put or subject by reason ofany act, action, neglect. omission or default on the part of the Seller. 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 against the Purchase,, or its officers, agents or employees ,troy time on account or by reason of any act, action, neglect omission or default of the Seller ofany 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 Shccrs men expense, to pay any and all costs, charges, atmmeys fees and other expenses, any and all judgments that may be incurred by or obtained against the Pumhuser 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 Purchaser, or said parties in or ass 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 othencise. 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 Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 03/2010