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HomeMy WebLinkAbout102598 KENS MUFFLER SHOP #1 INC - PURCHASE ORDER - 9120127City Of PURCHASE ORDER PO Number I Page 9120127 1 1 of 2 ' `t Collins This number must appear 1 on all invoices, packing slips and labels. Date: 01/06/2012 Vendor: 102598 KENS MUFFLER SHOP #1 INC 1219 N COLLEGE AVE FORT COLLINS Colorado 80524-1211 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 I Sublet - Wood 1 LOT LS 10,000.00 Blanket order to 2 Sublet - Streets 1 LOT LS 100.00 3 Misc. Parts 1 LOT LS 200.00 Total $10,300.00 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 Order Tcrms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fan Collins is exempt from state and local taxes Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 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 Internal Revenue. Deaver, Colorado (Ref. Colorado Revised Statutes 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 M a breach. the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Sellerof Goods Rejected. GOODS REJECTED due to failure to area specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be reamed to ,you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless instructions farm the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, not shall any purported coal modification or 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 IL ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins Hmxcect. 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 upplicablc required inspection procedures, violation arc in fact home by the Purchaser. Theretofore for good cause and as consideration far executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may new 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 p=imion is given to prepay freight and charge separately, the original freight purchased or required by the Purchaser p irs art to this purchase order. bill most accompany invoice. Additional charges for packing will not he accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans of the country. shipment is Ifthe Rtrchasadirects the Seller to correct nonconforming or defective goods bye dmetobeagrced upon bythc expected fmm the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Sella, and the Seiler thereafter indicates its inability or unwillingness to comply. the Purchaser shipments are made from greater distance. may cause the work to be perforated by the most expeditious means available to it, and the Seller shall pay all casts associated with such work. Permits. Seller shall procure at sellers sale cat 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 perforated, or required by any other duly constituted public authority having jurisdiction over the work of vendot. Seller further agrees to hold the City of Tom Collins harrat fmm and against all liability and loss incurred by them by reason of ran asserted or established violation of any such Lois, regulations, ordinances, rules and requirements. Autho i ntion. All panics to this contract agree that the representatives arc, in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OP TERMS. This Purchase Order expressly limits acceptance to the tcmts and conditions stated herein set forth and any supplementary or additional tarts and conditions annexed hereon or incorporated herein by reference. Any additional or different tams and conditions proposed by seller are objected m and hereby rejected. 2. DELIVERY. PLEASE, ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as need. Time is ofthc essence. Delivery and performance must be effected within the time stated on the Purchase order and the documents attached hacto. No acts of the Purchasers including. without limitation, acceptance of partial Ire deliveries, shall operate as a waiver ofthis prevision. In the event array 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 ro causes rant reasonably foreseeable which arc beyond its reasonable control and without its fault ofm gl igcnce. such acts of God, acts of civil or military authorities, governmental priorities, fires. strikes, Oood, epidem ice, wars nr riots 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 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 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 cam and competence in accordance with accepted standards for work of a similar nature. The Seller agrecs to hold the purchaser hanalec from any loss, damage or expense which the Purchaser may suffer or incur on account of the Scllcrs breach of warranty. The Sella shall replace, repair or make good, without cost to the purch lsa. any defects err faults arising within one (1) year or within such longer period of time as may be prescdbM by Iry or by the terms of any applicable warranty provided by the Seller aver the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Sella. Acceptance or use of good by the Purchaser shall not constitute a waiver of any claim under this wamanry. 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 wnrmatics 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 TERM S. The Purchaser may make changes to Icgnl terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tams, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change under. If any such change affects the amount due or the time offialomtance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS, The Purchrser may at any time by written change order, terminate this agreement as to any or all ponions 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 Prrehasa shall at be liable for any claims for anticipated profits on the uncompleted partial ofthe 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 arc the Scllcr standard stock. No such termination shall relieve the Purchaser or the Seller artery oftheir obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days Tom the date the change or lamination is ordered. 8. COMPLIANCE WITH LAW. The Seiler warrants that all grad sold hereunder shall have been produced, sold, delivered and famished 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 required m be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seiler agrees to indemnify and hold the Purchaser harmless 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, tmmfer, or convey this order. or any monies due or m become due hereunder without the prior written consent of the other parry. 10. TITLE. The Seller ..at., full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in paficrmancc of this agreement, free and clear of any and all liens, restrictions. reservations, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors crime net from all liability and claims of any nature resulting from the perfomance of such work. This rcicase shall apply even in the event of fault of negligence of the parry released and shall extend to the dinaturs, offsets and employees of such party. The Seller'., contractal obligations including warranty, shall not be deemed to be reduced, in any way, because .such work is perforated or caused to he performed by the Purchaser. 14. PATENTS. Whenever the Seiler is required to use any design, dcvicq material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmlcm 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 of such infringement ut any time during the prosecution or after the completion of the work. In case said equipment. or 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 Seiler 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 mnrlify it so it becomes anninfringing. I5. 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 Scllcrs property or business, this order may forthwith be canceled by the Purchaser without liability. 16, GOVERNING LAW. The defnition, offerms used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be construed under and gevcmed by the laws of the State ofColomdo. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the snreices of Scllcm Repoescnmtive(s), on the premises troffers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Scllcr'., an risk until the same is fully complete 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 Sellers own expense and to the satisfaction ofthe Purchaser. When materials and equipment arc finished 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. 19. INSURANCE. The Seller shall, at his own expense, provide for the payment of workcm compensation, including occupational disease benefits. to its cntployees emplayed 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 general liability including but not limited to, contractual and automobile public liability insurance with bmlily injury and death limits of err least S300,000 for any one person, S506,000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if uny, to provide for such compen.mtion and insurance. Before any of the Sellers or his contractors mpinyees shall do any nark upon the prenuses of other.,, the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have been provided. Such ca tificates 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 after 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 crony kind or nature whatsoever to persons or property caused by or resulting fmm the execution c f 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 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 papa v to which the Purchaser pry be put a subject by reason of any act, action, negket omission or default an the pan of the Scllcr, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proeadags shall be bmnght against the Purchaser, or its officers, agents or employees at any time on account or by mason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their agreee.. agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Scllcrs own expense. to pay any and all costs, charges, allomcys 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 snits or other proceedings, and in case judgment or other lien be placed upon or obtained against the pmpcny of the Purchaser, or said panics in or as a result of such suits or other proceedings. the Seiler will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seiler and his contractors shall take all safety precautions, furnish and install all gnurds ncocsm, 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 mles and regulations issued pursuant thereto. Revised 03/2010