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HomeMy WebLinkAbout102572 ALTEC INDUSTRIES INC - PURCHASE ORDER - 9117394Fort Collins Date: 12/14/2011 Vendor: 102572 ALTEC INDUSTRIES INC 641 TELLURIDE ST AURORA Colorado 80011-7818 PURCHASE ORDER PO Number Page 9117394 1o12 This number must appear on all invoices, packing slips and labels. Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS Colorado 80521 Delivery Date: 12/13/2011 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Repairs to #2467 1 LOT LS 8,596.93 Inv#4922499 2 Credit for inv#4922499 1 LOT LS-900.00 Inv#4939280 Total $7,696.93 C3. O✓l.:-a4 � 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 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 Inner state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000387 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the toots and conditions hereof failure ar delay to Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). exercise any rights or remedies pmvidcd herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Sellcrof Goods Rejected. GOODS REJECTED due to failure to meet speeift atio.s, either when shipped or due to defects of any office warranties or obligations of this purchase order and shall not be deemed a waiver ofany right of the damage in transit, may be resumed to you for credit and am not to be replaced except upon receipt of written purchaser to insist upon strict performance hereofor any of its rights or remedies as to any such goods, regardless imm¢tions from the City offal Collins. of when shipped, received m accepted, as to any prior or subsequent default herctmder, nor shall any Purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the Icons Inspection. GOODS arc subject to the City of Fort Collins inspection on amval. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this older can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of End 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 ofn11 applicable required inspection procedures. violations arc in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase older, the Seller hereby assigns to the Purchaser any and all claims it may now have or hcrcaftcr Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St.. Fort Collins, CO 80522. unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. If pomission is given to prepay freight and charge sepamtcly, 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 Purchaser directs the Seller to concct 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 Sol leq and the Seller themaficr indicates its inability or unwillingness to comply. the Purchaser shipments are made from greater distance. may cause the work to be performed by the most expeditions means available to it, and the Seller shall pay all ,antsussocimed with such work. Permits, Seller shall procure at sellers sole cast all necessary permits, eenificates and licenses required by all applicable Ines, regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is perfumed, or required by any other duly constituted public authonty having jurisdiction over the work of vendor. Seller funkier agrees to hold the City of Fart Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation ofany such laws, regndations, ordinances, odes and requirements. Authorisation. All parties to this contract agree that the represcatalives am, 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 Isms and conditions stated herein set (onh and any supplementary or additional terns and conditions annexed hereto or incorporated herein by reference. Any additional or different term and conditions proposed by wllct are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive an your promised delivery date as noted. Time is ofthc essence. Delivery and performance must he effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpanial late deliveries, shall operate is a waiver ofthis prevision. In the event ofany delay. the Purchaser shall have, in addition to other legal and equitable remedies the option of placing this order clsewhcm and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to caws, not reasonably foreseeable which am beyond its reasonable control and without its fault ofncgligenec. such acts of God, acts of civil or military authorities, governmental priorities fires, strikes, fraud. epidemics, wars or riots pmvidcd 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 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 warrant 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 pamoscs 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 wamnty. The Seller shall replace, repair or make good, without cost to the purehascn any defects or faults arising within one (1) year or within such longer period of time as may he prescribed by law or by the Isms of any applicable wamnty pmvidcd by the Seller flier the date of acceptance of the good furnished hereunder (accepancc not to be unreasonably delayed), resulting from imperfect or defective work done ar materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this warranty. Except as otherwise pmvidcd in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wammics or 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 tears by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the term, other than legal term, including additions to or deletions from the monlisics originally ordered in the specifications or drawings, by verbal or wrinen change order. If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall he made. fi. TERMINATIONS. The Purchaser may at any time by wrinen 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 progress provided that the Purchaser shall not be liable for any claims for anticipated poetics 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 are the Sellers standard stock. No such Iermiontion shall relieve the purchaser or the Seller ofany of their obligations as to any gads delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change ear termination is ordered. R. COMPLIANCE WITH LAW. The Seller vaunts 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 am subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations requited to be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamrless fmm all costs and damages suffered by the Purchaser 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 wrinen consent of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted tide to the Purchaser for all equipment, materials, and item, furnished in perfomancc of this agreement. free and clear of any and all liens, restrictions, reservations. security interest cncumbon ces and claims of others. The Seller shall release the Pu mhascr and its contractors of any tier from all liability and claims of any nature resulting from the performance of such work. This release shall npply even in the event of fault of negligence of the parry released and shall extend to the directors, officersand employees ofsuch party. The Seller's commemal obligations, including wamnty, shall not be deemed to he reduced, in any way, because such work is perfomed or caused to he perfomcd by the Pumhascr. 14. PATENTS. Whenever the Seller is required to use any design, device, material or places, covered by letter, patent, trademark or copyright, the Seller shall indemnify and save hamlcss the Purchaser from any and all claims for infringement by consent 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 prosecution or after the completion of the work. In case said equipment. or any part 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 Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment. or malify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller ,hall become insolvent or 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 definition,.fwm, used or the interpretation of the agreement and the rights ofall parties hereunder shall be constmed under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cues where the Seller is to perform work hereunder, including the services of Sellers Repmscntativc(s). on the premises ofothcm. 17. SELLERS RESPONSIBILITY. The Seller shrill carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in case of any accident, dcatoction or injury to the work and/or materials before Seller's fund completion and acceptance, complete the work at Seller's 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 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. 18. 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. and/or to their dependents in accordance with the Imes of the state in which the work is to be done. The Seller shall also carry comprehensive gencml liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least Solo," 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 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 such compensation and insurance expires The Seller agrees that such compensation and insurance shall be maintained until a0er 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 moue whatsoever to persons or pmlxrty caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold humless the Purchaser and any ar ell of the Purchasers affects, agents and employees from and against any and all claims, locus, 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 part of the Scllcr, 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 (heir officers, agents or employees as aforesaid, the Seller harchy agrees to assume the defense thereof and to defend the sans nI the Sellers own expense, to pay any and all costs, charges, a tomeys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their affects, agents or employees in such snits or other proceedings and in ease judgment or other lien be placed upon or obtained against the pmperty ofthe Purchaser, or said parties in or as a result ofsuch suits at other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or olhcrrise. 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 rules and regulations issued pursuant thereto. Revised 03/2010