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HomeMy WebLinkAbout109333 O J WATSON CO INC - PURCHASE ORDER - 9116773City of �,.F,.�ort Collins Date: 11/14/2011 Vendor: 109333 O J WATSON CO INC 5335 FRANKLIN ST DENVER Colorado 80216-6213 i PURCHASE ORDER PO Number Page 9116773 1of2 This number must appear on all invoices, packing slips and labels. Ship To: FLEET SERVICES - MAIN SHOP CITY OF FORT COLLINS 835 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 11/14/2011 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Ordered Extended Price SouthCo MP-14 Forestry Body 1 LOT EA 22,870.00 per quote 51724 Attn: Gary Werning Note: Upgrade to 24" top $625 Dept: Forestry Body will be mounted on an IH 4300 chassisonorder from McCandless International. When body arrives, coordinate with Ron Wasinger at McCandless and City Fleet staff at970-221-6613. Total $22,870.00 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. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fon Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate 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 (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 of or payment for goods hereunder or approval of the 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 warmatics or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be mounted to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance hcmof 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 modi fiemion or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS arc subject to the City of Fon Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNM ENT OF ANTITRUST CLA I M S. 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, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all 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., Fort Collins, CO 90522, unless acquired under federal or state 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 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 pans of the country, shipment is If the Purchasadirects the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected firm the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller ibcma0er indicates its inability or unwillingness to comply. the Purchaser shipments am made farm greater distance. may cause the work to be performed by the mast expeditious means available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall pmeurc at sellers mile cost all necessary permits, ecrtificatcs and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is performed, or requited 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. rules and requirements. Authorisation. All parties to this contract agree that the representatives are. in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. 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 incorporated herein by reference. Any additional or different terms and conditions proposed by seller are 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 ofthe essence. Delivery and peafomtance most be effected within the time stated on the purchase order and the domuments attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpanial late deliveries, shall operate as a uzivcr fthis provision. In the event ofany 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 Seller shall not be liable for damages its a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault ofnegligence, such it, of God, acts ofcivil 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 Purchaser within five (5) days critic 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 ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will cantonal with applicable drawings, specifications, samples andfor other discriptious given, will he 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 incur on account of the Sellers breach of warranty. The Sella shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (I) year or within such longer period of time as may be prescribed by law or by the terms orally applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acreptancc not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Scllcr. Acceptance or use of goods by the Purchaser shall not constitute a waiver crony claim under this warranty. Except as otherwise provided in this purchase order, the Scllcrs liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wamntiex or guarantees, but such liability shall in no event include loss ofprofits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchascr 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 written change order. If any such change affects the amount due or the time ofperformanec hereunder. an equitable adjustment shall be made. 6. TERMINATIONS. The Purchascr may at any time by wr mn 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 than in pmgress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion ofthe goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor ofthe Seller with respect to any goods which arc the Sellers sandard stock No such lamination shall relieve the Purchascr m the Seller orally of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days form the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have ban produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the grads are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to he incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and bold the Purchascr harmless from all costs and damages suffered by the Purchaser as a result ofthe 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 ofthe other parry. 10. TITLE. The Seller warrants full, clear and unrestricted till, to the Purchaser for all equipment, materials, and items furnished in performance of this agreement free and clear of any and all liens, restrictions, resenalions, security interest encumbrances and claims of others. The Seller shall release the Purchaser and it contractors of any tier from all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors. effects and employees ofsuch puny. 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 be performed by the Purchaser. 14. PATENTS. Whenever the Sella is required to use any design, deice, material or process covered by Inner. patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or prim as 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 of such infringement at any time during the prosecution or after the completion ofthe 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 pan is enjoined, the Seller shall, at its own expense and at its option. either procure for the Purchascr the right to continue using 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, make an assignment for the henefit 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 ofthe agreement and the rights ofall panics hereunder shall be construed under and governed by the laws of the State of Colomdo. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Sellers Reprcsentative(s), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on mid work at Seller's own risk until the come is fully completed and accepted, sad shall. in case of any accident, destruction or injury to the work and/or materials before Scllcrs final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials 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 equipment were being furnished by the Sella under the order. 18. INSURANCE. Thc 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 laws of the state in which the work is to be done. The Seller shall also tarty comprehensive general liability including, bill not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at (cast 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, irony, to provide for such compensation and insurance Before any ofthe Scllcrs or his contactors employees shall do any work upon the premises ofothers, the Seller shall furnish the Purchascr with a certificate that such compensation and insurance have been provided. Stich certificates shall specify the date when such compensation and insurance have been provided. Such ecrtificatcs shall specify Ibe date when such compensation and insurance expires. The Scllcr agrees that such compensation and insuranceshall 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, Inc or injury ofany kind or more whatsoever to persons or property caused by or residual; from the execution ofthe work provided for in this purchase orderor in connection herewith. The Seller will indemnify and hold harmless the Purchascr and any or all of the Purchasers oRcers, agents and employees form and against any and all claims, losses, damages. charges or expenses. whether direct or inditect. 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 ofthe Seller, any of his comments, or any of the Scllcrs or contractors oRcers, agents or employees. In case any suit or other Proceedings shall be brought against the Purchascr, or its oBicas. agents or employees at any time on account or by reason of any act action, neglect omission or default of the Seller ofany of his contactors or any of its or their oRcers, 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 otfcem, agents or employees in such suits or ether proceedings, and in case judgment or other lien be placed upon or obtained against the property ofthe Purchaser, or said panics in or as a result of such suits or other proceedings, 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 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 ales and regulations issued pursuant thereto. Revised 03/2010