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HomeMy WebLinkAbout458053 MAX R - PURCHASE ORDER - 9113593Fort Collins Date: 06/17/2011 Vendor: 458053 MAX R W248 N5499 EXECUTIVE DR SUSSEX Wisconsin 53089 PURCHASE ORDER PO Number Page 9113593 1of2 his number must appear on all invoices, packing slips and labels. ; Ship To: PARK MAINTENANCE CITY OF FORT COLLINS. 413 S BRYAN FORT COLLINS Colorado 80521 Delivery Date: 06/17/2011 Buyer: JOHN:STEPHEN Note: Line Description Quantity Extended p Ordered LIOM Unit Price price 1 50 Recyling/Trash Stations 1 LOT LS 59,999.00 50 quantity of 020-695-055-A 55 gallon double recycle stations per terms and conditions of bid 7236 and estimate 49246 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill 11, 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 $59,999.00 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 staNie the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is I L NONWAIVER. 98-04502. Federal Excise Tax Exemption CMificam of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 19731.mapta 39-26, 114 (a), exercise any, rights or remedies provided huciq•_m by law, failure to promptly notify the Seller go, the even of a breach, the acceptance of -or payment for goods hemunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due in 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 returned to you for credit and are net to be replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless instructions 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 tescission of this purchase order by the Purchaser operate m a waiver of any of the terns 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. 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 from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fad 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 Fan Collins, 700 Wood St., Fort Collins, CO 80522, unless acquired under federal or sate antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchmed or acquired by the Purchase, pursuant to this purchase order. bill most accompany invoice. Additional charges for packing will not be accepted. 1 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is Ifthe Purchaser dimets the Seller incorrect 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 Seller, and the Seller thereafter indicates its inability of unwillingness to comply, the Purchaser shipments arc made from greater distance. may cause the work in be performed by most expeditious peditious means available to it, and the Seller shell pay all rn<r< n«,v,orwl �rh .,,rh .vnh Permits. Seller shall procure at sellers sole cost all necessary prnnits, certificates and licenses required by all applicable laws, regulations, ordinances and roles of the sate, 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, tales and requirements. Authorization. All parties to this contract agree that the representatives are, in fad, bona fide and possess full end complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order eiipressly limits acceptance to the terms and conditions stated herein set froth and any supplementary or additional terns and conditions annexed hereto or incorporated herein by reference. Any additional or different tents and conditions proposed by seller are objected to and hereby rejamd. 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 essence. Delivery and performance most be ef8cted within the time sated 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 provision. In the event of any 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 Sella shall rim he liable for damages as a result of delays due to causes not reamnably foreseeable which arc beyond its traversable control and without its fault of negligence, such acts of God, acts ofcivil or military authorities, governmental priorities, fires, strikes, flood, epidemics, was or rims 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 well delay, the date of delivery shall be extended for the period equal to the time actually lost by mum ofthe 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 sandards for work of a similar name. 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 defect or faults arising within one (1) year or within well longer period of time as may be prescribed by law or by the terns ofay applicable warranty, provided by the Sella after the data of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Selltt. Acceptance or use of goods by the Purchaser shall not constitute a waiver ref any claim under this warranty. 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 tar 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 Purchases may make any changes to the terns, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affect the amount due or the time of performance hereunder, an equimble adjustment shall be made. 6. TERMINATIONS. The Purchases 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 parties as to any work or materials then in progress provided that the Purchaser shall net 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 Sella with respect to any goods which are the Sellers standard stock No such termination shall relieve the Purchaser or the Sella of any oftheir obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment mast be asserted within thirty (30) days from the due the change or termination is ordered. I. COMPLIANCE WITH LAW. The Seller warrants that all goods cold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods are subject. The Sella shall execute and deliver such documents m may be required to effect "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 from all costs and damages suffered by the Purchaser m a result of the Sellers failure to comply with well 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 Sella waranis full, clear and umestrided 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, resemations, security interest encumbrances and claims of ethers. 'The Sella shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance of,ach work. This release shall apply even in the event of fault of negligence of the puny released and shall extend to the directors, officers and employees of such party. The Sellers contractual obligations, including warranty, shall not be deemed 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, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save ham lds 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, expenm 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 part is enjoined, the Sella shall, at its own expense and at its option, either procum for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it an it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent of bankrupt, make 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 ofterrns used or the interpretation of the agreement and the rigM1ts of ail parries hereunder shall be construed under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunda, including the services of Sellers Representative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk unfit the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Setters own expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by the Seller, the Sella shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Sella under the cola. 18. INSURANCE The Sella 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 cola, and/or to their dependents in accordance with the laws of the sate in which the work is to be done. The Seller shall also tarty comprehensive general liability including, but not limited to, rnntractual and automobile public liability insurance with bodily injury and death limits of at least $300.000 for any one person, $500,000 for any one accident and property damage limit pa accident of $400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when well compensation and insurance expires. The Sella agrees that such compensation and insurance shell be maintained until eflu the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind or namre whims ever to persons or proper "used by or resulting form the execution of the work provided for in this purchase order or in connection herewith. The Sella 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 property to which the Purchaser may be put or subject by reason of any act, action, neglM, omission or default on the pan of the Seller, any of his conimcum, or any of the Sellers or comments officers, agents or employees. In case any wit or other proceedings shall be brought against the Purchaser. or its cheers, agars or employees at any time on account or by mason of any act action, neglect omission or default of the Seller of any of his contactors or any of its or their officers, agents or employees as aforesaid, the Sella hereby agrees to assume the defense thereof and to defend the same at the Sellers 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 officers, agents or employees in well wits or other proceedings, and in case judgment or other lien he placed upon or obtained against the property of the Purchaser. or said parties in or as a result of well suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Sella 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 Ad of 1970 and all rules and regulations issued pursuant thereto. Revised 03/2010