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HomeMy WebLinkAbout102606 COLORADO MACHINERY - PURCHASE ORDER - 9112873PO PURCHASE ORDER 911287er Page City Of///��� 9112873 ' of z `t Collins I ns This number must appear ` " �7 on all invoices, packing slips and labels. Date: 05119/2011 Vendor: 102606 COLORADO MACHINERY 125 JOHN DEERE DR FORT COLLINS Colorado 80524-9261 Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS Colorado 80524 L Delivery Date: 05/19/2011 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 JOHN DEERE 60" BROOM C3. O%La-.stQ � 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 1 LOT LS Total 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 L COMMERCIAL DETAILS. Tax exemptions. By strom the City of Pon Collins is exempt from state and local taxes. Our Exemption Number is 11, NONWAIVER. 994M502. Federal Excise Tax Exemption Certificate of Registry 94-6000517 is registered with the Collector of Failure of the Purchnscr to insist upon strict performance of the terms and conditions hereof. fth im or delay to Internal Revenue. Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26. 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Scllcr in the event of a breach. the acceptance of or payment for goods hereunder or amp w:il oflhe 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 w'ammics or obligations of this purchase order and shall not be deemed a waiycr of any right of the damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hercofor any of its rights or remedies as to any such goods. regardless inshuetions fmm the City of Fort Collins, of when shipped. received or accepted, as to any prier Or subsequent default hereunder, nor shall any purpo mal not modification Or rescission of this purchase order by the Purchaser operate as a waiver of any of the tears Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the mcrchandise..crvices or equipment in msponse 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 rental economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact home by the Purchaser. Theremfom. 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. Fort Collins, CO 90522. unless acquired under federal ar state antimast laws for such overcharges relating to the particular goods or .services otherwise specified era this order. If p.ission is given to pmp y freight and charge separately, the original freight purchased cr acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance Where manufacturers have distributing points in various pans of the country, shipment is Ifthe 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, arid excess freight will be deducted from Invoice when Parchascr and the Scllcr, and the Seller thereafter indicates its inability or unwillingness to comply. the Purchnscr shipments arc made form greater distance, may cause the work to be perfomed by the most expeditious means available to it, and the Seller shall par all casts associated with such work. Permits. Seller shall procure at sellers ,Soule cast 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 performed, or required by any other duly constituted public authority having jurisdiction aver the work of vendor. Seller further agrees to hold the City of Fan Collins harmless from and against all liability, and loss incurred by them by reason of an teamed or established violation of any such laws, regulations, ordinances, rdcs and requirements. Authorization. All panics to this contract agree that the mprescmatives arc, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order cxprcc ly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional teats and conditions annexed hereto or incorporated herein by reference. Any additional or different terns and conditions pmpowd by seller am 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 of the m%cnee. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Parehascrs including, without limitation, acceptance of panial late deliveries, shall operate as a waiver of this prevision. In the event of any deli. the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplecing this order elsewhere and holding the Seller liable for damages. However, the Seiler shall not he liable for damages as a result f dclr,x 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, strikes. Rood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchnscr within five (5) dnvs 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 in the time actually lost by reason of the delay. 3. WARRANTY. The Seller entrants that all goods, artidcs, materials and work covered by this order will conform with applicable dmw'ings, specifications, samples and/or other descriptions given, will be fit for the purpose, intended, and perfomtcd with the highest degree of care and competence in accordance with accepted standards for work of n similar nature. The Seiler agrees to hold the purchaser hzmdess from any loss, damage or expense which the Pumhawr may suffer or incur on recount of the Sellers breach of w:amnty. The Scllcr shall replace, repair or make good, without cost to the purchaser, any defects or faults miring within one (U year or within such longer period of time as may be prescribed by Imo or by the teats of any applicable warranty pmvidcd by the Scllcr after the date of acceptance of the goods furnished hereunder (acceptance not to he unreasonably delayed), resulting form imperfect or defective work done or materials furnished by the Scllcr. Acceptance or raw of good, by the Purchnscr shall not constitute a waiver ofany claim under this warranty. F,xcepl as othcm ise pmvidcd in this purchase onder, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of fay of the foregoing w:armnties 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. d. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchamr may make any changes to the terms, other than Icga1 teats, including additions to or deletions fmm the quantities originally ordered in the specifications or drawings. by vcrhal or written change order. If any such change affect, the amount due or the time ofperfor ance mm nda. an equitable adjustment shall be made. 0. TERMINATIONS. The Purchaser may at any time by weiaen change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment bchvacn 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 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 Scllcrs standard stock. No such temmination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty 130) days fmm the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seiler 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 me subject. The Seller shall execute and deliver such documents as may he required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character am hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from 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 wavanL 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 cncumbo nce, and claim, of others. The Seiler shall release the Purchaser and its contractors of any tier fmm all liability and claims of any nature resulting fmm the performance of such work. This mIcauc shall apply even in the event of fault of negligence of the party released and .shall extend to the directors, officersand employees ofsuch party. The Seller', continental obligations, including ofol mat shall not be deemed to be reduced. in am' way, because such work is performed or caused to be performed by the Pumhawr. 14. PATENTS. Whencacr the Seiler is required to use any design, device, manorial or process covered by letter. patent, trademark or copyright, the Seller shall indemnify and save harmless the Parchascr form any and all claims for infringement by reason of the use of such patented design, device, material or pmecss in connection with the contract. and shall indemnify the Purchaser for anv cost, expense or damage which it may be obliged In pay by reason of such infringement at any time during the prosecution or a0cr the completion of the work. In race 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 men expense and at its option, either procure for the Purchaser the right to continue acing said equipment or pans, replace the same with substantially equal but amonfringing equipment. or modify it so it becomes voninfringing. 15. INSOLVENCY. If the Seiler shall become insolvent or brnkrupt. make an assignment for the heneft of crc(litom. appoint n receiver or trace for any of the Sellers property or business, this order may forthwith be canceled by the Purcha,cr without liability. Ib. GOVERNING LAW. The definitions of terms used or the interpretation ofthe cgrecnmat and the rights ofall grades hcreander shall be eon,tmed under and governed by the laws of the State of Colamdo, USA. The following Additional Conditions apply only in cases where the Seller is to perfomt work Immunder. including the services of Scllcrs Rcprc,cnamc(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said Work at Scllcr', own risk until the some is fully completed mud acccpcd, and shall, in case of any accident, desmmtion or injury to the work and/or mnteriuls before Seller's final completion and acceptance, complete the work at Seller', own expense and to the satisfaction of the Purchnscr. When mmcrials and equipment arc furnished by others for installation or erection by the Seller, the Seller shall receive. unload. store and handle same at the site and become responsible therefor as though such materials and/or cgnipnall 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 benefit. In its employees employed on or in connection with the work cowered by this purchase order. .and/or to their dependents in accordance with the laws Of the state in which the work is to he done The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance .with bodily injury and demh limits of at (cast S300,000 for any one person. S500.000 for any One accident and property damage limit per, accident of S300.000. The Seller .shall like vise require his contractors, if any. to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall it. any work upon the promises ofothers, the Scllcr shall furnish the Purchaser with a certificate that such compensation and insurance have been pmvidcd Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such cnmpensa Lion 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 Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind or nature whatsrcvcr to persons or property caused by or resulting from the execution of the work provided (err in th is purchase order or in eon nection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, agents and employees fmm and against any and all claims, losses, damages. charges or expenses, whether direct or indirect, and whether to persons or property to w'hieh the Purchaser may be put or subject by reason of any act, action. neglect. omission Or default on the pan Of the Scllcr. any Of his contractors, or any of the Scllcrs or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser. or its officers. agents or employees fame, time on account Or by reason of any act. action. neglect. Omission or default of the Seller of any of his contractors err any of its Or their officers, agents or employees as aforesaid. the Seiler hereby agrees to assume the defense thereof and In defend the wore at the Sellers man 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 officers. agents or employees in such suits at other proceedings, and in case judgment or other lien be placed upno Or obtained against the papery of the Purchaser, or said panic, in or as a result of such suits or other proceedings, the Seller will at once cause the same m be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, furnish and install all guards necessary for the pmvcntiaa of accidents, comply with all laws and regulations with regard to safety including, but without [initiation, the Occupational Safety and Health Act of 1970 and all mles and regulations issued pnrsumn thereto. Revised 0312010