HomeMy WebLinkAbout128335 SANDVIK ROCK TOOLS INC - PURCHASE ORDER - 9112086City of
art Collins
Date. 04/12/2011
Vendor: 128335
SANDVIK ROCK TOOLS INC
PO BOX 200546
DENVER Colorado 80220-0546
PURCHASE ORDER
PO Number Page
9112086 1of2
This number must appear
on all invoices, packing
slips and labels.
Ship To: OPERATIONS SERVICES
CITY OF FORT COLLINS
300 Laporte Avenue
Building B
FORT COLLINS Colorado 80521
Delivery Date: 04/12/2011 Buyer: JAMES HUME
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
Forged Puller NP79S Tool
Teeth for rotomill-Inv#1048570
C3. O✓1�-�-uQ J�
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 86522-0580
Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com
1 LOT LS
Total
Invoice Address:
6,855.00
855.00
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
PBrchtlSC Order Terms and Conditions
Page 2 of 2
L COMMERCIAL DETAILS.
Tax exemptions. By satme, the City of Fon Collins is exempt from state and local taxes. Our Exemption Number. is 11. NONWAIVER.
98-04502. Federal Evoke fax Excerption Certificate of Registry 94-6000587 is registered with Lite Collector of Failure Office Purchaser to insist upon strict performance of the rental and conditions hereof, failure or delay to
hucrnal Revenue. Denver, Colorado (leaf. Colorado Revised Socials 1973, Chapter 39-2G, 114 (a). excicisc any rights or mnadics provided herein or by law, failure to promptly unify the Seller in the event of o
breach, the aceepama ofor paynten for goods hereunder or approval of We design, shall not release the Seller of
Goods Rejected. GOODS REJECTED duo to failure to nett spcciticutions, either when shipped Or due to defects of ally of the warranties or obligations of this purchase order mid shall not be doomed a waiver of any right of the
damage in tr+nsi 1, may be returned to you, for credit acid ore nut to be replaced except open receipt Of on"a Foreteller to insist upon strict performance hereof or ally of its rights or remedies us to any such goods, regardless
ins,ruclions tram the City affair Collins. Of when shipped, received or accepted, as to ally prior or suWcqucm default hereunder, nor shall airy purported
and modification or resco don of this purchase order by the Purchmer operate as u waiver of any of We conies
Inspeemiom. GOODS arc subject to the City of Fon Collins inspection on mrival. hereof.
Final Acceptance. Receipt of life merchandise, services or equipment in response to This order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS,
authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overchargs resulting from antitrust
ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact borne by the Ponhacr. Theretofore, for good cause and as consideration for executing this
purchase .,do,, We Seller hereby assigns to fhe Purchaser any and all claims it may now have or hereafter
Freight Terms. Shipments must be F.O.E., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unlev acquired under federal or state antitrust lows far such overcharges relating to tls particular goods or services
otherwise spccilied on this union If permission is given to prepay freight and charge separately, the original freight purchased orucquired by the Purchaser pursuant to this purchase order.
bill nest accompany invoice. Additional charges for packing will nut be accepted.
Shipment Distance. Where manulaclamrs have distributing points in various parts of the country, shipment is
expected limn the nearest distribution point to destination, unit excess freight will be deducted from Invoice when
shipmcns arc nude from great,, distance.
Permits. Scllcr shall procure all sellers sole cost all nccowry permits, eer ilieracs unit licenses required by all
applicable Imes, reguations. ordinances and rules of the state, municipality, territory or political suWivisiun where
the work is performed, or required by any other duly constituted public authority having jurisdiction over the work
of vendor. Scllcr father agrees to bold the City of Pon Collins harmless from and against all liability and loss
incurred by [berm by reason of m asserted or established violation Of any Such laws, regulations. Ordinances, rules
and rcquircuents.
Authorization. All parties to this contract agree that the representatives are, in fan, bona title and possess full and
cumplctc authority in bind said panics.
Llhl ITATION OF TERMS. This Purchase Order expressly limits acceptance to the arms sad conditions stated
herein so, forth and any supplementary or additional terns and conditions unnexed hereto or incorporated herein by
miireacc. Any additional or different terns and conditions proposed by seller are objected to and hereby r jeowd.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
premised delivery date as noted. Tim, is office essence. Delivery and performance nest be effected within the time
,rated on ,he purchase order acid the documents attached herclo. No acts of die Purchasers including, without
liulaulun, acceptance of partial late deliveries, shall operate us a waiver of this provision. In Lite event of any delay,
the P.mhascr shall hove, its addition to Other legal and equitable remedies, the option of placing this Order elsewhere
root holding die Seller liable for damages. However, fhe Seller Shull not be liable for dmagcs as a result of delays
due to causes not trusonably foreseeable which me beyond its rnsouable control and without its fault ofnegligerev,
such aces of God, acts of civil or military authorities, governmental priorities, lircs, strikes, flood, epidemics, wan or
riots provided Thal notice of the conditions causing such delay is given to the Purchaser within live (5) days of the
now when the Seiler lira received knowledge thereof In the event of any such deluy, the date of delivery shall be
.reacted for the period equal to the tittle actually lot by reason Office delay.
3. WARRANTY.
'file Seller warrants chat all gums, anicics, materials acid work cooed by this meet will cocoon with applicable
drawings, specifications, samples and/or other descriptions given, will be lit for the purposes intended, and
performed with die high'ast degree of care and competence in accordance with accepted standards for work of a
similes nature. The Seiler ages to hold the purchaser harmless from my loss, damage or expense which the
Pureh:uc, may sullen Or incur on account of the Sellers breach of warraary. The Seller shall replace, repair m take
good. veiWoe, cos, to the pureluser, any defects or faults arising within cite (1) year or within such longer period of
little cis may be prescribcd by law or by the terns of any applicable warranty provided by the Seller after the date of
acceptance of the Solids furnished hereunder (acccpfuncc nut a be unrcasombly delayed), resulting front impeder
Or defective walk done or materials furnished by die Seller. Acceptance or use of goods by fhe Purchaser shall not
constitute a waiver of any claim under this wantonly. Except us otherwise provided in this purchase order, the Sellers
liability h.....do, shall c.,end to all damages proximately caused by die breach of any of the forcguing warmn,ics
or guar noes, but such liability shall in no event include loss of profits or loss of use NO IMPLIED WARRANTY
Olt MERCHANTABILITY Olt OF FITNESS FOR PURPOSE SHALL APPLY.
4. Cl 1ANGES IN LEGAL TERMS.
The Purchaser may nakc changes to legal ferns by wriucn change order.
5. CIIANGES IN COMMERCIAL TERMS.
'file Piachas,r may nuke wry changes to the Inns, other than legal terns, including additions to ar deletions )'mom
fhe quomitis Originally ordered in the specilicatiom or drawings, by verbal or written change order. Warty such
change ullects the entail One ur We time of performacc hereunder, un equiabl, adjnstmcm shall become.
6. TERMINATIONS.
'I tic Purchaser may at any fins by written change order, terminate this agreement as to any or all portions of the
goods Wen not shipped, Object to my equitable adjustment between the panics as to any work or materials then in
progry provided that fhe Purchaser shall not be liable for any claims for anticipated pm)ils on tte uncompleted
portion of Wes goods and/or work, for incidental or consequential damages, and that no such adjusmenI be made in
favor of the Seller with respect to any goods which are IIIe Sellers standard stock. No such snniamimt shall relieve
the Parches,, or the Seller u1'any of Ihcir ubligmions as to any goods delivered hcrcundcr.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjusuncm must be asserted within shiny (30) Jays from the dale the change or toroduation is
um,md.
S. COMPLIANCE WITH LAW.
The Seiler warrants that apt goods sold hcrcundcr shall have ban produced, sold, deivercd unit furnished in strict
compliance with all applicable laws and regulations to which the goods ate 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 eltamcic, are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold We Purchaser humlcss from all cots and damages sulfured by the Purchaser us a result of the
S,&'s fuilum to comply with such law.
9. ASSIGNMENT.
Neither parry shall assign, transfer, or convey this order, or any musics due or to become due hereunder without the
prior ... then consent, of fhe whcr party.
10. TITLE.
The Seller warrants full, clear and unrestricted rite to the Purchaser for all equipment, materials, unit items famished
in performance of this agrrmem. Inc and clear of my and all lions, restrictions, reservations, security interest
encumbrances and claims of others.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by We
Purhascr and the Seller, and the Seller thereafter indicates is inability or unwillingness to comply, the Purchaser
may cause the work to be perlornud by the most expeditious means available m it, and de Scllcr shall pay all
costs associated wide such work.
The Seiler shall release the Purchaser and is conwclors of my tier from all liability and clauns of any name
resulting from the performance ofsuch work.
This release Shull apply even in the event of fault of negligence of the pray rieased and shall extend to the
directors, officers and enhployces ofsuch party.
The Sellers contractual obligations, including womanly, shall not be densd to be reduced, in any way, because
such work is performed or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, masrial or process covered by Ic,er, patent, trademark
or copyright, the Scllcr shall indemnify and save ho ndcss the Purchaser from any and all claims for infringement
by mason of the use of such patented design, device, material or process in connection with We 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 ullcr the completion of the work. In case said equipment, or
ally pan thereof ar the intended use office goods, is in such suit held to constitute infringement and the use of
said equipment or pun is enjoined, the Scllcr shall, of its own expense and at its option, either procure for are
Nrchuscr the right in continue using said equipment or puts, replace die same with substantially equal but
noninlioging equipment, or modify it so it becomes nonimiinging.
15. INSOLVENCY.
If the Scllcr shall become insalven or bankrupt, make on assignment for the benefit of creditors, appoint u
receiver of must" for any of the Sellers property or business, this order may IoMwith be canceled by the
Purchaser without liability.
16. GOVERNING LAZY.
The definitions of Terms used or the interpretation of die agreement and the rights ofall panics hereunder shall be
convinced under unit governed by die laws office Safe of Colosido, USA.
The following Additional Candidate apply only in cases where the Seiler is to perform work hereunder,
including We services OfSellers Itcpascnativc(s), on W, premises ofofhcrs.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sellers own risk until the sew is fully completed and accepted, and shall,
in case of ally accident, destruction or injury to the work and/or materials before Settees lira) completion and
acepanec, complete the work at Settees own expense and to the satisfaction of the Purchaser. When materials
and equipment arc furnished by others for installation or erection by die Seller, the Scllcr shall receive, unload,
store acid handle same at the site and become respotuible therefor as though such materials and/or equipment
were being furnished by the Seller undo, We .,do,.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including Occupational
disease becelils, io its cmployces employed on or in connection with the work covered by ibis purchase order,
and/or to their dependents in accordance with the laws of the sea in which life work is to be done. The Seller
shall also carry comprehensive general liability including, but not limited to, contractual and automobile public
liability insurance with bodily injury acid death Innis of at least $300,000 for any one poison, $500.000 for my
one accident and property damage limit per accident of $400,000. The Seller shall likewise require his
commcton, if ony, to provide for such compensation and insurance. Before ally Office Sellers or his contractors
employees shall do any work upon the premises of oters, the Seiler shall famish the Purchaser with a certificate
that such compensation and insurance have been provided. Such certilienes Shull specify the date when such
compensation and insurance have been provided. Such certificates shall specify de dale when such compensation
and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until alter the
entire work is completed and accepted.
19. PRO'FECI'ION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the engirt responsibility and liability for any and all damage, loss or injury ofany kind
m nature whatsoever to persons or property caused by or resulting from the execution Office work provided for in
this purchase order or in connection herewith. The Seiler will indemnify and hold hmml v the Purchaser ad any
or all of the Purchasers ollicen, agents and employes from will against any am 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 act, action, neglect, omission or default on the pan of the Seller, any of has
contractors, or any of the Sellers or contractors officers, agents or employees. In cam any suit or other
proeccdirys shall be brought against the Purchaser, or its officers, agents or employees a my lime on account or
by reason of any act, action, neglect, omission or default of the Seller of any of his conbuctors or any of its or
their ollicen, agents or employees as aforesaid, We Seller hereby agrees to assume the dcfcmmsc thereof and to
defend the scone at the Sellers own expense, to pay any and all costs, charges, annoys Ices and other expoucs,
any unit all judgments that may be incurred by or obtained against de Purchaser or my of its or their ollicen,
agents or enmployces in such suits or other proceedings, unit in case judgment or other pica be placed upon or
Obtained against the property of the Purchases. or said panics in or as a result of such suits or other proceedings,
We Seller will at once cause the Santo to be dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall take all safely precuufions, Inrnuh and insall 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 pursuat thereto.
Revised 03/2010