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HomeMy WebLinkAbout354490 JOHN DEERE CO - PURCHASE ORDER - 9117185City of /0", r_t Collins Date: 12/02/2011 Vendor: 354490 JOHN DEERE CO 2000 JOHN DEERE RUN CARY North Carolina 27513 PURCHASE ORDER PO Number Page 9117185 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: 12/02/2011 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 John Deere X310 tractor with 42X Edge Xtra Deck per contract NJPA 081209 and quote ID: 6059202 Dept: The Farm Deliver unit to: Fleet Main Shop, 835 Wood Street, Fort Collins, CO 80521 Contact: Eric or Joe, 970-221-6613 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 4,684.63 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 I. COMMERCIAL DETAILS, Tax exemptions. By statute the City of Too Collins is exempt from state and local taxes. Our Exemption Number is 11. NON WAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000510 is registered with the Collector of Failure raf the Purchaser m insist upon strict performance of the tcmw and conditions hereof. Lailurc or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes, 1973. Chapter 39-26. 114 (a). exercise any rights or remedies presided herein or by law, failure in promptly notify the Seller in the event of a breach, the acceptance of or payment for good hereunder or approval of the design, shah I nut release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications. either whim shipped or due to defects of any of the wammics or obligations of this purchase order and shall not be devoted a waiver 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, hereofor anv of it 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 malifieftion 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 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 oa the part of the City of Fen Collins. However. it is to be understood that FINAL Scllcr and the Purchaser recognize that in actual economic practice overchnrges resulting fmm antimst ACCEPTANCE, is dependent upon completion of all applicable required inspection procedures. violations are in fret borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase ruder. the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Tears. Shipments must be F.O.B.. City of Fen Collins, 700 Wood St, Ton Collins, CO 80522, unless acquired under FcdcmI or state antitrust laws for such overcharges rclaling to the particular goods or services othcn%ise specified on this order. If permission is given to prepay fright 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 manufacmrcrs have distributing points in various parts of the country, shipment is If the 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, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply. the Purchaser shipments arc made Not greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated at ith such work. Permits. Seller shall practice at sellers sole cost all necessary permit, cenificaaes and licenses required by all applicable laws, regulations, ordinances and mlcs of the state, municilality, territory or political subdivision where the x ork 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, roles and requirement,. Authorization. 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 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 pmposcd by selleram objected to and hereby rcjcctal. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is ofthe essence. Delivery and performance must he effected within the time stated on the purchase order and the documents attached herd.. 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 of placing this order elsewhere and holding the Seller liable for damages. However. the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which am beyond its reasonable control and x ithent it fault of negligence, such acts ofOnd, acts of civil or military authorities, governmental priorities, fires, strikes. Bad, 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 Set lcr first received knowledge thereof. In the event of any such delay, the date of dcl ivcry 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 descriptions given, will he fit for the purposes intended. and inattentive! with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees ro hold the purchaser harmless Not any loss, damage or expense which the Purchaser may suffer or incur on account ofthe Scllcrs breach of warranty. The Seller shall replace, repair on 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 prescribed by law or by the terms of any applicable wamnry provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting front imperfect or detective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this wamnry. 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 or guarantees, but such liability shall in no event include loss of profits or Ions of usc. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANCES IN LEGAL TERMS. The Purchaser may make changes to legal term by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tcmrs. other than legal terms, including additions to or deletions from the quantities originally mxlcrcd in the specifiewiom or dmwings. by verbal or written change aide, If any such change affects the amount due or the time ofperformamce hereunder, an equitable adjustment shall he 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 pmgrcss presided 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 of the Seller with respect to any good which arc the Scllcrs standard struck. No such termination 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 adjuttmcnl must be asserted within thirty (30) days Not the date the change or termination is ordered. S, COMPLIANCE WITH LAW. The Seller warriors 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 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 are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamlet, Ram all costs and damages suffered by the Purchascr as a result of the Scllcrs 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 wrincn consent of the other par. 10. TITLE. The Seiler wmmnts 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, rescnrations, security, interest encumbrances and claims nfathers. The Seller shall rcicase the Purchaser and its contractors of any tier Not all liability, and claims of any nature reselling fmm the performance of such work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, .Beets muds employees of such party. The Seller's contractual obligations, including wamnry, shall not be deemed In be reduced, in any way, because such work is performed or caused to he 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 Seiler shall indemnify and save hamlless the Purchaser from any and all claims for infringenmenr 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 o'such infringement at any time during the prosecution or alter the completion of the work. In case said equipment or any pan thcrcof or the intended use ofthe goods. is in such suit held to constitute infringement and the use of said equipment or part 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, car modifiit so it becomes noninfringag, 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 pmpcny or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING JAW. The definitions of terms used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be constmM under and governed by the laws ofthe State of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Sellers Repmsentativc(s), on the premises ol'others. 17. SELLERS RESPONSIBILITY. The Scllcr shall canyon said work at Seller's awn risk until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or material, before Scllcr's final completion and acceptance, complete the work at Sellers own expense and to the satisf,'uction 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 Seller under the order. I R. 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. rather to their dependents in accordance with the Imes of the state in which the work is to be done The Seiler shall also carry comprehensive general liability including. but not limited to, continental and automobile public liability im m nce 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, 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 ofothem, the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compca,atinn and insurance have been provided. Such ref ifteatesshall specify the date when such compensation 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 hcrebv assume%the entire responsibility and lirmlity for any and all damage, loss or injury of anv kind of nature whatsoever to persons or property caused by or resulting fmnr the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold ham less the Purchaser and any or all of the Purchasers officers, agents and employees fmm and ugainst any and all claims losses. damages. charges or expenses whether direct or indirect and of dher to pers. ons or property to which the Purchaser cane be put or subject by reason of any act, action, neglect omission or default no the pan of the Scllcr, any of his contmetors, or any of the Scllcrs or contractors officers, agents Or employees. In ease any suit or Other proce clings 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 Seiler of any of his contractors or any Of its or their officers, agents or employees as aforesaid, the Seiler hereby agrees to assume the defense thcrcof and to defend the same at the Scllcrs own expense. to pay any and all cos¢, charges, atomics, fees and Other expenses, any and till judgments that may be indtmd by or obtained against the Purchaser or any of it or their officers. agents or employees in such .suits or other proceedings. and in case judgment or other lien be placed upon or obtained against the proper' ofthe Purchaser. or said panics in or us a result ofsuch suits or other ptnccedings. the Seller will at once cause the same to be dissolved and discharged by giving brand or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guards necessary for the pmvcntion 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 odes and regulations issued pursuant thereto. Revised 0312010