Loading...
HomeMy WebLinkAbout104592 MAXEY COMPANIES INC - PURCHASE ORDER - 9112690Fort Collins PURCHASE ORDER Date: 05111/2011 Vendor: 104592. MAXEY COMPANIES INC 2101 AIRWAY AVE FORT COLLINS Colorado 80524-2713 PO Number I Page 9112690 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 F" , t9� - 0� 14 FW 6ii,, Delivery Date: 05/11/2011 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Wells Cargo TW-121-RD per quote dated 4-28-11 Attn: Fred Urben Dept: Light & Power Deliver unit & title documents to: Fleet Main Shop, 835 Wood Street, Fort Collins 221-6613 1 LOT LS Total 5,035.00 035.00 Invoice Address: 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 City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com 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 Fan Collins is exempt farm state and local taxes. Our Exemption Number is 11. NONWAIVER. 9949502. Federal Excise Tax Exemption Certifieak of Registry 84-6000587 is registered with the Collector of Failure of the Pumh xcr to insist upon strict performance of the terms and conditions hereof. failure or delay to Internal Revenue, Denver, Colorado (Rcf. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance afor payment for goods hereunder or approval of the design, shall nor 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 warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be renamed to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict Performance hero for any of its rights or remedies is m nny such goods, regardless instructions from the City offal Collins. of -when shipped, received or accepted, as to any print or subsequent default hereunder, nor shall any purported oral modification or rcsciuian of Ihis purchase order by the Purchaser operate Its a waiver of any of the terms Inspection. GOODS arc subject to the City effort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, .services or equipment in response to this order can rcxull in 12. ASSIGNMENT OF ANTITRUST CLAIMS, authorized payment on the pan of the City of Fort Collins. Hoover, it is to be understand that FINAL Seller and the Purchaser recognize that in actual economic Practice overcharges resulting from antitnst ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore, for good 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 hereafter Freight Terms. Shipments must be F.O.B., City of Fort Collins. 700 Wood St_ ran Collins, CO 90522. tarless acquired under federal or state antitrust laws for such overcharges relating In (be Pnnicalar goods 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. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted farm Invoice when shipments are made farm greater distance. Permits. Seller shall procure at sellers sale cast all necessary permits. certificates and licenses required by all applicable laws, regulations, ordinances and rates of the state, municipality, territory or political subdivision inhere 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 Inns incurred by them by reason of an asserted or established violation of any such laws, regulations, mdinanccs, roles and requircmcnt . Audamizxrion. All panics to this contract agree that the representatives are. in fact. bona fide and possess full and complete authority to bind said panics. LIMITATION OF TEPJIS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorpnmred herein by reference Any additional or different tells and conditions pmpased by seller arc 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 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 Purchasers including, without limitation, acceptance of partial late deliveries. shall operate as a waiver of this prevision. In the event crony delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller 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 fault ofncgligence. such acts of God, acts ofeivil or military authorities, governmental prionties, fires, strikes. Bond. epidemics, wars Or riots Provided 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 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 desenptians given, will be fit for the purposes intended, and performed with the highest degree of cam and competence in accordance with accepted standards for wok of a similar nature. The Seiler agrees to hold the Purchaser harmless farm any lass, damage or expense which the Purchaser may suffer or incur an account of the Scllcrs breach of warranty. The Seller shall replace. repair or make good, without cost to the purchaser, any defcets or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the tents crony applicable warranty provided by the Seller 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 famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages Proximately caused by be breach crony of the foregoing warn flies or guarantees, but such liability shall in no event include loss of profits 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. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings. by verbal or vvnrceo change Order. If any such change affects the amount due or the time ofpaformanee 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 goods then not shipped, subject to any equitable adjustment between the panics 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 ..completed 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 Icmtination shall relieve the Purchaser or the Seller crony of their obligations as to any goads delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or mnninarion is ordered. S. COMPLIANCE WITH LAW. The Seller wanclux 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 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 character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless farm all costs and damages suffered by the Purchnscr as a result of the Scllcrs 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 unrestricted title to the Purchaser for all equipment, materials, and items furnished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims .fathers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goads by a date to be agreed upon by the Purchaser and the Seller. and the Seller thema0er indicates its inability orunwillingness to comply, the Purchaser may cause the wark to be perforated by the most expeditious means available to it and the Scllcr shall pay all costs associated with such work. The Seller shall release the Purchnscr and its contractors of any tier from all liability and clainmv of any nature resulting from the perfomance ofsnch work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, of iccrs and employees nfsuch pony. The Seller's eoatmetud obligations, including wam. nry, shall not be deemed to be reduced, in any may, because such work is performed of caused to be perforated by the Purchaser. 14. PATENTS. Whenever the Seller is required In use any design, device. material or process covered by letter, patent, tmdcmark or copyright, the Seller shall indemnify and save harmless the Purchaser from nny and all claims for infringement by mason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cast, expense or damage which it may be obliged to pay by reason ofsnch infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any part thereof or the intended use of the goals, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seiler shall, at its own expense and at its option. either Procure for the Purchaser the right to continue axing 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. move an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms axed or the intnpmration of the agreement and the rights of all parties hereunder shall be construed under and governed by the laws of the State of Coloado. USA. The following Additional Conditions apply only in cases where the Seller is no Perform work hercunda. including the services of Scllcrs Represcnlntive(s). on the premises ofothers. 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 accidcnl, destruction or injury to the work and/or materials before Sdicr'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, store and handle same m the site and became responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. IF. 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 Imes of the state in which the work is to be done. The Seller shall also tarty comprehensive general liability including. but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at ]cast 5300.000 for any one person. S500.rest for env one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any. to pmvidc for such compensation and insurance. Before any of the Sellers or his contactors employees shall do any work am. the premises of Others. the Seller shall famish the Purchnscr with a certificate that such compensation and insurance have been provided. Such ecnifieates shall specify the date when such compensation and insurance have been provided. Such ecr ificates shall specify the date when such compensation and insurance expires The Seller agrees that such compensation and insumnee shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire respansibi]ity and liability far any and all damage, loss or injury ofany kind or nature whotsocver to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harm]css the Panhaer and any or all of the Purchasers oRecm, agents and employees front and against any and all elaints, 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 mown array net. action, neglect, anaxsion or default on the pan of the Scllcr, any of his comments, or any of the Scllcrs Or contractors offivers. agents or employees. In case any snit or other proceedings shall be brought against the Purchaser. or its officers. agents or employees at any time on account or by reason of any act. action, neglect. omission or dcf ah of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaaid. the Seller hereby agrees to assume the defense rhercnf and to dcfcnd 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. agents or employees in such suits or other Proceedings, and in case judgment or other lien be Placed upon or Obtained against the pmpcny of the Purchnscr, Or said panics in or as a msat of such .suits or other preweedings. 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 guards accessary for the prevention of accidents, comply with all Imes and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all mlcs and regulations issued personal thereto. Revised 03/2010