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HomeMy WebLinkAbout111402 POWER EQUIPMENT COMPANY - PURCHASE ORDER - 9120094PURCHASE ORDER PO Number Page City of PURCHASE 9120094 1 of z t Collins This number must appear on all invoices, packing slips and labels. Date: 01/06/2012 Vendor: 111402 Ship To: FLEET SERVICES - MAIN SHOP POWER EQUIPMENT COMPANY CITY OF FORT COLLINS PO BOX 28 835 WOOD ST DENVER Colorado 80201-0028 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 15,000.00 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 3 Streets 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 1 LOT LS -1,000.00 4,000.00 Total $1 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 samte the City of Fen Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-60410587 is registered with the Collector of Failure of the Purchaser to insist upon shier performance of the tcmis and conditions hereof failure or delay to Intemel Revenue, Denver, Colorado (Ref. Colorado Revised Scarabs, 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 ofor payment for goods hereunder or approval ofthc 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 wamnties 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 are not to be replaced except upon receipt of written purchaser to insist upon strict performance herenfor any of its rights or remedies as to any such goods. regardless instructions fmm the City of End Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purnm ed oral modification or rescission of this puuchase order by the Purchaser operate as a xaiver of any of the terms Inspection. GOODS are subject to the City of Fen Collins inspection on ordeal. 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 part of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchnscr recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact borne by the Purchaser. Theretofore, for grand 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 he F.O.B., City of Fen Collins. 700 Wood St.. Fort Collins. CO 90522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular good or services otherwise specified oa this order. If permission is given to prepay freight and charge separately, the original freight purchased cr 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 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 food Invoice when Purchaser and the Scllcr, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made fmm greater distance. may cause the work to be performed by the most cspeditiens means arailablc to it, and the Seiler shall pry all costs asseciatcd with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and talcs lifting state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vender. Seller further agrees to hold the City of Fort Collins hamlcm found and against all liability and loss incurred by them by mason of an asserted or established violation of any such laws, regulations, mdinmces, rules and rcquircments. Authonzution. All parties to this contract agree that the representatives arc, in fact. bona Ode and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the Ices nod conditions stated herein set froth 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 ifyou cannot make complete shipment to arrive on your premised delivery date as noted. Time is of the essence. Delivery and performance must he cffccted within the time stated on the purchase order and the documents rarefied harem, No are; of the Purchasers including, without limitation, acceptance ofpartial late deliveries, shall operate as a waiver of this prevision. In the event of anv 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 without its fault of negligence. such acts m'God, acts ofeivil or military authorities, gevemmcntel print ics, fires, strikes, flood, epidemics, tears or riots provided that notice of the conditions causing such delay is given to the Purchaser within live (5) drys of the time when the Seller first rceived 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 rcasen ofthe delay. 3. WARRANTY. The Seiler warrants that all gads. 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 performed with the highest degree of cam 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 sot Bcr or incur on account of the Sellers breach of wamnty. The Seller shall replace, repair or make good. n'ithout 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 warranty provided by the Seller aner the date of acceptance of the goods fimishcd hereunder (acceptance not to he 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 ofany claim under this anomaly. 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 wamnties 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. a. CHANCES IN LEGAL TERMS. The Purchaser 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 toms, including additions to or deletions fmm the quantities originally ordered in the specifications or dmwings, by verbal or written change voter. If any such change affects the amount due or the time ofperformance hereunder, an equitable adjustment shall be 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 provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment he made in floor of the Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchnscr or the Seller of any of their obligations as to any goods deliscred hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days fmm the date the change ar termination is ordered. S. COMPLIANCE WITH LAW. The Seiler warrants 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 good arc subject. The Seiler 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 costs 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 poor written consent of the other party. 10. TITLE. The Seller wamnts fall, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all liens. restrictions, reservations, security interest encumbrances and claims of others. The Sol let shall release the Purchaser and its contractors of any Her from all Iiabi lity and claims of any nature resniting from the perfoormcc of such work. This relcusc shall apply even in the event of fault of negligence of the party released and shall extend to the directors. offccrs and employees of such party. The Seller's contractual obligations, including wamnty, shall not be dttmcd to be reduced, in any way, because such work is performed or caused to be perfnmcd by the Purchaser. IC. PATENTS. Whenever the Seller is required to use any design, device, material or pmccsa covered by Icner, patent, trademark or copyright, the Seiler 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 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 it any time during the prosecution or at the completion of the work. In case mid equipment. or any pad thereof or the intended use of the goods, is in such said held to constitute infringement and the use of said equipment or pad is enjoined, the Seller shall, at its awn expense and at its option, either procure fro the Purchaser the right to continoc using said equipment or parts, replace the same with substantially equal but noninfringing equipment, or modify it so it beconms noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankmpp make an assignment for the banefit of creditors, appoint n 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 of far ms used or the interpretation of the agreement and the rights ofall parties hereunder shall be construed 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 sere ices of Scllcrs RcIemsentative(s), on the premises ofathers. 17. SELLERS RESPONSIBILITY. The Seller shall enrry ran said work at Seller's own risk until the same is fully completed and accepted, and shall, in case of any accident, dcstraction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work it Scllcrs own cxpcnsc 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 became responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. 18. INSURANCE. The Seiler shall, at his own expense, provide for the payment of workers compensation, including occupational disease benc0ts, 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 slate in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and derth limits of at Icast S300,000 for anyone person, 5500.000 for any one accident and property damage limit per accident of 5300,000. The Seller shall likewise require his contractors, if any, to provide forsuch compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the prcmiscs 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 certi Ocnms shall specify the date when such compensation and insurance expires. The Scllcr agrees that such compensation rand insurance shall be earmtnined until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby resumes the entire responsibilityand liability for any and all damage, loss or injury ofany kind or nature whatsoever to persons or pmpcny 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 harmless the Purchaser and any or all of the Purchasers nfree.. agents sad employees fmm 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 be put or subject by reason of any act, action, neglect omission or default not the part of the Scllcr, any of his contractors or any of the Sellers or con". ctas officers, agents or employees. In case any suit or other pmce dings shall be brought against the Purchaser, or us 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 their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers men expense, to pay any and all costs, charges, attorneys fees and other expenses, any sad all judgments that may be incurred by or obtained against the Purchaser or any of its 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 property ofthe Purchaser. or said panics in or as a result of such suits or other proceedings, the Sellerwill at none cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, furnish and install all Stnrds necessary for the prevention of accidents, comply with all Imes and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all dies and regulations issued pursuant thereto. Revised 03/2010