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HomeMy WebLinkAbout106898 FARIS MACHINERY CO - PURCHASE ORDER - 9120079PURCHASE ORDER PO Number Page City of PURCHASE 9120079 t of z `t Collins This number must appear on all invoices, packing slips and labels. Date: 01/06/2012 Vendor: 106898 FARIS MACHINERY CO 5770 E 77TH AVE COMMERCE CITY Colorado 80022-1044 Ship To: FLEET SERVICES - MAIN SHOP CITY OF FORT COLLINS 835 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 01/06/2012 Buyer: JAMES HUME Note: Line Description Quantity Ordered UOM Unit Price Extended Price Blanket order to 1 LOT LS 5,000.00 cover the cost of miscellaneous parts for fiscal year 2012. All deliveries shall be made upon request of City Parts department only. All deliveries to be accompanied by an invoice or packing slip. This purchase order is for the procurement of goods and/or services, as needed during the current fiscal year. Dollar amounts specified are estimates and not a promise to purchase any minimum amount of goods and/or services. 2 Credit 1 LOT LS-500.00 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 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 Fort Collins is exempt firm state and local taxes. Our Exemption Number is 95-04502. Federal Excise Tax Exemption Certificate of Registry 84-0000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973. Chapter 39 26. 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specification, either when shipped Or due to defects of damage in transit, may be returned to you for credit and arc not to be replaced except upon receipt Of on". instruction., from the City of Fort Collins. Inspection. GOODS am subject to the City of Fort Collins inspection on arrival. IL NONWAIVER. Failure of the Purchaser to insist apart strict performance of the terms and conditions hereof, failure Or delay to exercise any rights Or remedies provided herein or by law, failure to pmmptly notify the Seller in the event of a branch. the acceptance of or payment for good hereunder Or approval of the design, shall Out release the Sel let Of any of the wamntics or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hereof or anv of its rights or remedies to to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hercundcr, nor shall any purported oral mndi Bernina or rescission of this purchase order by the Purchaser operate as a 0aiver of any of the terms hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. A SSI GNM ENT OF ANTITR UST CLA I M S. 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 procedures. violations arc in fact home by the Purchase, 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 Want! St.. Fort Collins, CO 80522, unless acquired trader federal Or state animist 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 m acquired by the Purchaser pursuant to (his 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 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 Seller, and the Seller thereafter indicates its inability or unwill ingnccx to comply, the Purchaser shipments arc made firm greater distance. may cause the work to be Performed by the most expeditious means available to it, and the Scllcr shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cost all necessary pernits, certificates and licenses required by all applicable laus, regulations, ordinances and mles of the state, municipality. tenimry or political subdivision where the work is pcfomed, 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 harmlcsa from and against all liability and Inca incurred by them by reason of net asserted or established violation of any such ].as. regulations, ordinances, roles and requirements. Authorization. All parties to this concoct agree that the representatives arc, in fact, bona fide and possess full and complete authority to bind slid parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the toms and conditions stated herein set forth and any supplementary or additional toms and conditions annexed hereto or incorporated herein by reference. Any additional or different tans and conditions proposed by seller arc 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 fthe 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 ofpartial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Pumhaser 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 as a result of delays due to causes not reasonably foreseeable which an beyond its reasonable control and without its fault ofnegligence, such acts of Gad. acts ofcieil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or rims provided that notice of the conditions caning 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 of the delay. 3.WARRANTY. The Seller entrants that all goad, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples eadlor other description 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 himless firm any Iola, damage or expense which the Purchaser may suffer or incur on account of the Scllcrs breach of warranty. The Seller 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 of any applicable warranty provided by the Scllcr after the date of acceptance of the gads furnished hereunder (acceptance not to be unreasonnbly delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goads by the Purchaser shall not constitute a waiver Ofany claim under this uamnty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall canard 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 loss of use. NO IMPLIED WARRANTY OR MERCHANTARILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANCES IN LEGAL TERMS. The Purchaser may make changes to legal toms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tems, other than legal toms, including additions to or deletions fmnt 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 of berfomance hereunder, an equitable adjustment shall he made. fi. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goads then not shipped, subject to any equitable adjusment between the panics as to any work or materials then in pmgrcsa 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 good which are the Scllcrs standard stock. No such termination shall relieve the Purchaser ar the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment mail be asserted within thirty (30) drys fmm the date the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seller uamnts that all good 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 be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless Form all eats 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 party. 10. TITLE. The Seller wamnts full, clear and unrestricted till, to the Purchaser for all equipment. materials, and items furnished in perfnmance of this agreement, fire and clear of any and all liens, restrictions, reservations, security interest cncumbnnecs and claims of others. The Seller shall mlcase the Purchaser and its contractors of any net from all liability and claims of any nature resulting from the pafomnnee ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors. officers and employees fsuch puny. The Scllers cmntncmel obligations, including wamnty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be perfomed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use nny design, device. material or process covered by letter, patent. trademark or copyright, the Seller shall indemnify and save hairless 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 ofsuch infringement at any time during the prosecution or after the completion of the work. In ease said equipment. or any part theeof or the intended use of the 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 parts, replace the same with substantially equal but noninfringing equipment, or rio ify 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 Sel lets property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftems used or the interpretation ofthc agreement and the rights ofall parties hereunder shall be construed under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Scllcrs Rcptesentative(s), on the premises ofothcrs. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work m 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 Seller's final completion and acceptance, complete the work at Sellers own expense and to the satisfaction ofthe 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 themfor as though such materials and/or equipment were being furnished by the Seller under the order. I S. INSURANCE, The Seller shill, at his own expense, provide for the payment of workem 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 Scller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with hadily injury, and death limits ofar Icast S300.000 for nny One person, S500,000 I'or 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 furnish the Purchaser with a cenifieme that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insumnce have been provided. Such certificates shall specify the date when such compensation and insumnec expires. The Seller agrees that such compensation and insurance shall be maintained until aacr the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller herchy assumes the entire responsibility and liability for an and all damage. loss or injury ofany kind or nature whatsoever to persons or prolonv caused by at resulting, firma the execution fthe work provided for in this purchase order or in connection hcrewill . The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, agents and employees from 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 he put or subject by reason of any act. action, neglect omission or dcfnult on the pan of the Seller, nny of his contractors, or any of the Scllcrs or contractors oficc s. agents or employees. In ease any suit Or Other pmccedings shall be brought against the Pumhascr. 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 on any of its or tbcir officers, agetns or employees as aforesaid the Seller herehy agrees to assume the defense thereof and to defend the same at the Scllcrs own expense, to pay any and all costs, charges, attomcys fees and other expenses, any and all judgments that may be incurred by or obtained against the Pumhncr ar any of its on their officers, ,agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon on obtained against the property, of 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 band or otherwise. The Seller and his contractors 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 safely including. but without limiation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued parsuant thereto. Revised 0312010