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HomeMy WebLinkAbout114256 ROCKY MOUNTAIN SUPPLY INC - PURCHASE ORDER - 9120098PURCHASE ORDER PO Number Page City of PURCHASE 9120098 1012 `t Collins This number must appear on all invoices, packing slips and labels. Date: 01/06/2012 Vendor: 114256 Ship To: FLEET SERVICES - MAIN SHOP ROCKY MOUNTAIN SUPPLY INC CITY OF FORT COLLINS 309 COMMERCE DR 835 WOOD ST FORT COLLINS Colorado 80524-2760 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 3,500.00 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 Shop Supplies - Wood 3 Shop Supplies - 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 200.00 200.00 Total $3,900.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchasc Order Terms and Conditions Page 2 of 2 L COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Cut tins is exempt from state and local taxes. Our Exemption Number is 95-04502. Federal Excise Tax Exemption Certificate of Registry 54-6000587 is registered with the Collector of Internal Revenue, Denver. Colorado (Ref. Colorado Revised Starnes 1973. Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped orduc to defects of damage in transit, may be rctrned to you for credit and arc not to he replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. IL NONWAIVER. Failure of the Purchnscr to insist upon strict Performance of the terms and conditions hereof, failure or delay to exercise any rights or remedies provided herein or by lax. 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 Set let of any of the warmaties or obligations of this purchase order and shall not he deemed a waiver of any right of the purchaser to insist upon strict performance hercofrr any of its rights or remed ics as to any such goods, regardless of when shipped, received or ncceplcd, as to any prim or subscgnrnt default hcrcunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12, ASSIGNM ENT OF ANTITRUST CLA I M S. authorized payment on the pan of the City of Fort Collins. Howrver, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice overcharges resulting form antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase rater. the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terns. Shipments must be F.O.B.. City of Fort Collins. 700 Wood St. Fort Collins. CO 90522, unless acquired under federal or state antitrust 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 or acquired by the Purchaser pursuant to this purchase order. bill mast 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 nonennfomming 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 fmm Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Pumhasm shipments arc made From greater distance. may cause the work to be perforated by the most expeditions means available to it, and the Seller shall pay all costs associated with.such work. Permits. Seller shall procure at sellers sole cast all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is performed, or required by any other duty 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, rules and requircmcros. Authorization. All panics in 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 mmis and conditions stated herein set forth and any supplementary or additional motor and conditions annexed hereto or incorporated herein by reference. Any additional or different mats and conditions pmpowd by seller 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 of the ¢cence. Delivery and performance most be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including. without limitation, acceptance of partial late deliveries, shall operate as a waiver ofthis provision. In the event of any delay, the Purchaser 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 he liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its menu able control and without its fault of negligence. such acts of God, acts of civil or military authorities, governmental priorities, fires, strikes, Bond, epidemics, wars or hots provided 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 knew ]edge 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 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 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 harmlcss fmm any loss, damage or expense which the Purchaser may suffer or incur on account of the Scllcrs breach of wwrmnty. The Scllet shall replace repair or make good, without cost to the purchaser, any defeats or faults arising within one (1) year or within such longer perind of time as may be prescribed bylaw or by the terms of any applicable warranty provided by the Seller aficr the date of acceptance of the goods furnished hereunder (acceptance not to he unreasonably delayed), resulting Tom imperfect or defective wort: done nr 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 othorriee 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 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 terms by written charge order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the temw, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or einen 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 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 progress 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 be made in favor of the Seller with respect to any good, which arc the Scllcrs standard stock. No such termination shall relieve the Purchaser or the Seller ofany of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (36) days Farm the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Scllcr ..ats 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 arc subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All Imes 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 Purchnscr harmlcss From all costs and damages suffered by the Purchaser as a result of the Scllcrs failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or to became due hereunder without the prior written consent ofthe other party. 10. TITLE. The Seller warrants 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, rcsenatinns, security interest encumbrances end claims of others. The Scllcr shall release the Purchaser and its contractors of any Iicr fmm all liability and claims of any nature resulting fmm the performance of such wark. 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 of such party. The Seller's contractual obligations, including warranty, shall not be deemed In be rea 1, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, mmrial or prates., covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchnscr fmm 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, expcnsc or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or alter the completion of the work. In case said equipment, or any pan thereof or the intcndcd 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. tither procure for the Purchaser the right to continue using said equipment or pans, replace the snot with substantially cgtml but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall became insolvent ar 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 definitions aftemu used or the interpretation ofthe agreement and the rights of all panics hereunder shall be construed under and governed by the laws ofthe State of Coloado, USA. The following Additional Conditions apply only in cases where the Seller is In perform work hmcundcn including the services of Scllcrs Repmscntalivc(s). on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Scllcrs own risk until the sunc 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 Seller's own expense and to the satisfaction of the Purchaser. When materials and equipmcnt are furnished by others for installation or erection by the Seller. the Sellershall 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. IS. INSURANCE. The Seller shall, at his tarn expcnsc, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work cowered by this purchase order. and/or to their dependents in accordance with the laws of the state in which the stork 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 death limits ofat least S301,000 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 tiny work upon the premises ofothcrs, 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 compensation and insurance have been pmvided. Such certificates shall specify the dam when such compensation and insurance expires. The Scllcr agrees that ouch compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assunws the entire resprnsibility, and liability far any and all damage. loss or injury ofany kind or amare whatsoever to persons or property caused by or reselling from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmlcss the Purchaser and any or all of the Purchasers officers, agents and 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 net, action, neglect omission or default on the pan of the Seller, any of his contractors, or any of the sellers or contractors officers, agents or employees. In case any suit or other pmceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on nceount or by reason of any net. action, neglect, omission or dcfmdt of the Scllcr of any of his contractors or any of its or their officers, agents or employers as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same tit the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and 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 of the Purchaser, or said panics in or as a result of such suits or other proceedings. the Seller will at once cause the same to he dissoRrd and discharged by giving bond or othcm ise. The Seller and his contractors shall take all safely precmnions, furnish and install all guards necessary for the prevention of accidents, comply with all haws and regulations with regard to safety including. but without limitation, the Occupational Safety and Health Act of 1970 and all ndes rand regulations issued pursuant therein. Revised 03/2010