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HomeMy WebLinkAbout131436 METRON INC - PURCHASE ORDER - 9117519City of Fort Collins PURCHASE ORDER PO Number Page 9117519 1 o12 This number must appear on all invoices, packing slips; labels. Date: 12/20/2011 Vendor: 131436 Ship To: PARK MAINTENANCE METRON INC CITY OF FORT COLLINS 1505 W 3RD AVE 413 S BRYAN DENVER Colorado 80223-1440 FORT COLLINS Colorado 80521 Delivery Date: 12/20/2011 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price Remove, inspect & rebuild pump 1 LOT LS 6,000.00 & motor Overland Pk WO#P11-38 Total 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 Ordcr Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is I I. NONWAIVER. 98-04502. Federal Exei.,e Tax Exemption Certificate of Registry 84-6000557 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 Insured Revenue. Denver. Colondo (Rcf. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). exercise any rights or remedies provided heroin or bylaw, 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 Grads Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the wamntics 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 arc not to be replaced except upon receipt of written purchaser to insist upon strict performance hcrcofor any of its rights or remedies as to any such mods, regardless instructions from the City of Fort Collins. of when shipped, received of accepted. as to any prior or subsequent default hcrcundn. nor shall any purported oral moctificmum ar 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 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 ofall applicable required inspection procedures. violations arc in fact bnme 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 80522, unless acquired under federal or state antitrust Imes for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to petrify freight and charge separately. the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected (ram the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Scllcr shall procure at sellers sole cost all necessary, permits, certificates and licenses required by all applicable laws, regulations, ordinances and mics of the state, municipality, tenimy, 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 ran Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established vinlation of any such laws, regulations, ordinances, rules and ougaircments. Authorization. All panics to this contract agree that the representatives arc, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order espm.ty 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 eonithinns pmposed by scllet are objected to and hereby rejected. 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 be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpaniol 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 ekmvherc and holding the Scllcr liable far damages Hmvevcr, the Seller shall not he liable for damages is a result of delms due to causes not reasonably foreseeable which arc beyond its reasonable control and withren its fault of negligence, such acts of Goad, acts nfeivil or military muhorities, governmental priorities, fires, strikes, Rood, epidemics. was or riots provided that notice of the conditions causing such delay is given to the PureMscr within five (5) days ofthe 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 good, 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 perforated 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 bure < from any loss, damage or expense which the Purchaser may stiffer or incur on account f the Sellers breach of oo mnty. The Seller shall replace, repair or make good. %vithout cast to the purchaser, any defects or faults arising within one (U year or within such longer period of time as may he prescribed by law or by the tests ofany applicable wamnty provided by the Seller arc, the date of acceptance of the goods furnished hercundm (acceptance not to be unreasonably delayed), resulting from imperfect or defective 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 warn my. 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 wamntics or euarchaus, but such liability shall in no event include loss of profils 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 Tams by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the hunts. 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 chance affects the amount due or the time ofrc.fornanee hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by wrincn change order, rctminmc this agreement as to any or all portions of the good, then not shipped subject to any equitable adjustment between thc 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 ofthe goods and/or work, for incidental or consequential damages, and that no such adjustment he made in favor fifth, Seller with respect to any grad which are the Scllcrs dandnnl stock. 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 adjustment must be asserted within thirty (30) days from the date the change Or termination is ordered. S. COMPLIANCE WITH LAW. The Seller wamnts that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliver such documents as may be required to effect or 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 Foam all costs and damages suffered by the Purchaser as a result ofthe Sellers failure In comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer. or convey this order, ar any monies due or to became due hereunder without the prior written consent of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser retail equipment, materials. and items famished in performance of this agreement, five and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims f.then. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. film Purchaser directs the Seller to correct nonconforming or defective good by a date to be agreed upon by the Purchaser and the Scllcr, and the Seller thercafcr indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available to its and the Seller shall pay all costs associated with such Work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance of such Work. This release shall apply even in the event of fault of negligence of the parts released and shall extend to the directors, officers and employees ofsuch party. The Seller's contractual abigations, including aamnrv, shall not be deemed to he reduced, in any way, because such work is performed or caused to be perfnmed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, numeral or PrOus covered by letter, patent, trademark or copyright, the Scllcr shall indemnify and save harmless the Purchaser front any and all claims for infringement by reason of the use of sash patented design, device, material or powess 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 of alter the completion ofthe work. In come said equipment, of 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 to its option, either procure for the Purchaser the right to continue using maid equipment or pan, 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 hankmpt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers Property or husincss, this order may forthwith be canceled by the Purchaser without liability. 16. GO V ERNpJG LAW. The definitions of Isms used or the interpretation of the agreement and the rights of ill panics hereunder shall be consented under end governed by the laws ofthe Slam of Colomdn, USA. The following Additional Conditions apply only in cases where The Seller is to perform work hereunder, including the services of SCIIcm Rcprescatativc(s). on the premises ofothcrs. 17. SELLERS RESPONSIBILITY. The Seller shall carry on maid mark at Scller's two 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 Seller', own expense and to the satisfaction of the Purchaser. When materials and equipment are famished 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 famished by the Seller under the order. IS. INSURANCE. The Seller shall. at his own expense, pmvidc 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 carry comprehensive general liability including, but not limited to, communal and automobile public liability insurance with bodily injury, and death limits of rat leas, S30Nk000 fro any one person. S500,000 for any one accident and property, damage limit per accident of S400,000. The Seller shall likewise require his contmetors, 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 afathers, the Scllcr shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such ecrilicates shall specify the date when such compensation and insurance have been provided Such ecnifientes shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the emir work is completed sad accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loos or injury ofany kind or nature whatsoever to persons or propcny caused by or resulting fmm the execution ofthe Work provided for in this purchase order or in connection herewith. The Seller will indenouly sold hold harmless the Purchaser and any or all of the Purchasers officers, agents and employees from and against any and all claims, Inssc,, damage, charges or expenses, whether dired or indirect, and whether in persons or property to which the Purchaser may he put or subject by reason of any net action, neglect, omission or default on the pan ofthe Seller, any of his contractors, or any of the Sellers or contractors o0iccrs, agents or employees. In case any suit or other proceedings shall be brought against the Muchaser, or its affects, agents or employees at any time on account or by rc,,cn of any act, action, neglect, omission or default of the Seller array of his contractors or any of its or their ufflum agents of employees as aforesaid. The Seller hereby it to assume the defense thereof and In defend the same al the Sellers own expense, to pay any and all courts, charges, attorneys fees and other expenses. any and all judgments that may be insured by or ohtnincd against the Purchaser or any of its or their ofcers. agents or employees in such suits or other pmceedings, and in ease judgment or other lien be placed upon or obtained against the property ofthe Purchaser, or .mid parties in or as a result ofsuch snits or other proceedings. the Seller will at once cansc the same to he dissolved and discharged by giving bond m otherwise. The Scllcr and his crouncelors 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 Actor 1970 and ill mles and regulations issued pursuant thereto. Revised 03/2010