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HomeMy WebLinkAbout435885 NORTH AMERICAN BUS INDUSTRIES INC - PURCHASE ORDER - 9102829 (2)Fort Collins PURCHASE ORDER PO Number Page 9102829 1of2 This number must appear on all invoices, packing slips and labels. Date: 11/02/2011 Vendor: 435885 Ship To: ENGINEERING DEPT-MASON NORTH AMERICAN BUS INDUSTRIES INC CITY OF FORT COLLINS 106 NATIONAL DR ENGINEERING DEPT-MASON ANNISTON Alabama 36207 281 N. COLLEGE AVE FORT COLLINS Colorado 80524 Delivery Date: 05/28/2010 Buyer: JAMES HUME Note: Line Description Quantity Ordered UOM Unit Price Extended Price 3 Addendum 1 LOT EA 21,038.00 Per Amendment #3 Total $21,038.00 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 Fart Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 95-04502. Federal Excise Tax Exemption Certificate of Registry 846000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance ofthe terms and conditions hereof, failure or delay to Intemal 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 Seller in the went of a breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to matt 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 ofthe damage in transit, may be returned to you for credit and are not to be replaced except ulsmn receipt of written purchaser to insist upon strict performance hereof orany of its rights or remedies as to nay such goods. regardless instructions Fmm the City of Fon Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder. nor shall any purlmned not modification or rescission of this purchase onlcr by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are 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 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 p sack rcs. violations arc in fact borne 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 hercancr Freight Terms. Shipments Most be F.O.B., City of Fort Collins. 700 Wood St_ Fort Collins, CO 90522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular good Or services otherwise specified on this order. If permission is given to prepay Freight and charge separately, the original ficight purchased or 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 parts of the country, shipment is If the Purchaser directs the Seller to correct nonconfoming 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 firma Invoice when Purchaser and the Seller, and the Seller thema0cr indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distance. may cause the work to be perfbmmed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws. regulations, ordinances and rules ofthe state, 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. Sella further agrees to hold the City of Fan Collins hmmless from and against all liability and loss incurred by them by reason of an asseled or established violation of any such laws, regulations, ordinances, mles and requirements. Authorization. All parties to this contract agree that the mprcandatives arc, in fact, bona fide and possess full and complete authority to bind mid panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set Forh and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. '_. 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 pMnrmaace 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 ofpattial late deliveries, shall operate as a waiver of this prevision. In the event of any delay, the Puchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seiler liable for damages. However, the Sella shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which am beyond its reasonable control and without its fault ofnegligence. such acts ofG d. acts ofcivil or military authorities, governmental priorities, fires, strikes, food, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of 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 dmwingA 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 ineor 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 time as may be pmscnbcd by law or by the terns of any applicable wam ri provided by the Sella aficr the date of acceptance of the good famished haeunda (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Sella. 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 the breach fany of the foregoing warour e, or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTA BILFFY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANCES IN LEGAL TERMS. The Purchase 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 firm the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the fire of performance 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 of 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 uncompleted portion of the good 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 temmimtion shall relieve the Purchaser a the Sella of any of their obligations as to any grad delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim For adjustment must be assered within thirty (30) days form the date the change or termination is Ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have ban produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required to efTM 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 hamdess fmm all costs and damages suffered by the Purchaser 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 pain. 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 of others. The Seller shall release the Purchaser and its contractors of any tier fmm all liability and claims of any nature resulting fmm the performance ofsuch work. This rclav a shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, oI ica and employees of such party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because .such work is performed or caused to he patramed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by let er, patent, trademark or copyright, the Seller shall indemnify and save hamdess 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, expense or damage which it may be obliged to pay by reason of such infringement at any time during the pmsccution or after the completion ofthe work. In case said equipment or any pan thereof or the intended use ofthe goods, is in such snit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but nominfringing 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 pmpaty or business, this order may forthwith be canceled by the Purchasnr without liability. 16. GOVERNING LAW. The definitions ofterms used or the interpretation ofthe agreement and the rights ofall parties hereunder shall he construed underand governed by the laws ofthe State of Colomdo, USA. The following Additional Conditions apply only in cases whee the Seller is to perform work hereunder. including the services of Scllcrs Representative(,), no the premises ofothas. 17. SELLERS RESPONSIBILITY. The Seller shall cam on said work at Seller's own risk until 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 Scllcrs own expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or creation 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 equipment were being furnished by the Seller under the order. 19. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease hensfts, 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 law, 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 insomnm 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 S400.000. The Seller shall likewise require his contractors, Harty, to provide for such compensation and insumna. Before any of the Sellers or his contractors employees shall do any work upon the promisee of ethers, the Seller shall Furnish the Purchaser with a certificate that such compensation and insurance have been provided. Such cenifcalca 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 ancr the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDEN"FS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, Inc or injury ofany kind or nature whatsoever to persons or property caused by or resulting form the execution ofthe work provided for in this purchase caterer in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, agents and entplovecs fmm 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, neglect. omission or default on the pan 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 Purchaser, or its officers, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller of any 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 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 oRcas. agents or employees in such suits or other proceedings, and in ease judgment or other lien be placed upon or obtained against the property ofthe Purchaser, or said panics in err as a result ofsuch suits Or other proceedings, the Sellawill at once cause the same to be diswlvcd and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guard 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 roles and regulations issued pursuant thereat. Revised 0312010