Loading...
HomeMy WebLinkAbout222397 QUEST INC - PURCHASE ORDER - 9120315PURCHASE ORDER PO Number Page City Of 9120315 1 of 2 ' `t Collins I ns This number must appear " �7 on all invoices, packing slips and labels. Date: 01/20/2012 Vendor: 222397 QUESTINC PO BOX 459 BRIGHTON Colorado 80601 Nil : &lei �&Cam Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 01/20/2012 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Each - 4" Foot 1 LOT LS 440.00 for Wacker BS-60-4 2 2 Each - Wacker BS-60-4 1 LOT LS 5,990.00 "Jumping Jack Tamper" 4 Cycle $2,995 Each for a total of $5,990 Per quote GW11912 Dept: Light and Power Note: DISREGARD ABOVE SHIP TO ADDRESS Ship or Deliver tampers to: Fleet Main Shop, 835 Wood Street, Fort Collins, 80521 Shop phone: 970-221-6613 Contact name: Joe Lucero 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 Tcrrns and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tam emcmptions. By stomas the City of Fort Call ins is exempt from smtc and local taxes. Our Exemption Number is 98-0,1502. Federal Excise Tax Exemption Certificate of Registry 54-(AM587 is rc,i,tfrcd with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39 2fi, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or disc to defects cif damage in transit, may be returned to you for credit and am not to be replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist npnn strict pcTormmacc of the terms and conditions hereof, fitilure or delay to exercise any rights or remedies provided herein or by Inv, failure to promptly notify the Seller in the event of. breach, the acceptance ofor payment for good hereunder or approval ofthe design, shall net release the Seller of any of the warmntics or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hercofor any of its rights or remedies as to anv such good, regardless of when shipped, received ar accepted, as to any prior or subsequent default hereunder. 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. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment oa the part of the City of Fort Collins. However, it is to be understood that FINAL Seiler and the Purchaser 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 good cause and as consideration for executing this purchase enter. the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments most be F.O.B., City of Fort Collins, 7W Wood St., Fort Collins, CO 80522. 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. hill 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 dcslinnion, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller therea0cr indicates its inability or unwillingness to comply, the Purchaser shipments arc made front greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associmcd with such work. Permit,. Seller .shall pmcurc at sellers sole cast all necessary permits. certificates and licenses required by all applicable laws, regulations, ordinances and roles of the state, municipality, territory ar political subdivision where the work is perforated, or required by any other duly constihncd public authority having jurisdiction over the wark 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 oral mquiermcntt. Authorization. All parties 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 expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incerpnmted herein by reference. Any additional or different micas 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 anted. Time is ofthe essence. Delivery and pMormanee must be effected within the time stated on the purchase order and the documents anachcd herdo. No acts of the Purchasers including, without limitation, acceptance ofpartial late deliveries, shall operate as a waiver ofthis provision. In the event ofany delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option efplecing this order elsewhere and holding the Seller liable for damages. However, the Sellershalt not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault ofnegligence, such acts of God, acts o(civil or military authorities, governmental priorities, fires, strikes, food, epidemic, wars or riots pmvidcd 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 anysuch 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 ..at, that all goods, articles, materials and work covered by this order will conform with applicable dnnvings, 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 harmless from any loss, damage or expense which the Purchaser may suffer or incur on account ofthe Sellers; breach of warranty. The Sellershall replace, repair of make good, without cost to the purchaser. any defects or faults arising within one (1) year ear within such longer period of time as may be prescribed by law or by the terms crusty applicable warranty provided by the Seiler a0er the date of acceptance of the good famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done ar materials famished by the Seller. Acceptance or use of goods by the Purchaser shall net consti ntc a wan cr ofany claim under this warranty. Except as otherwise provided in this purchase order, the Scllcrs liability hcnwtder shall extend to all damages proximately caused by the breach cram, of the foregoing wnrmmics or guamatces, but such liability shall in no event include loss ofprofits or loss cruse. 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 change order. 5. CHANGES IN COMMERCIAL TERMS. The Purcbaser may make any changes to the terms, other than legal terms, including additions to or deletions from the quantities originatly ordered in the spocificatimas m drawings, by verbal or writen change order. If any such change affects the ammmt 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 hetwxcn the panics as to nny work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated prefix 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 Seiler with respect to any goods which are the Scllcrs standard stock. No sash termination shall relieve the Purchaser or the Seller array 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 mrsainmion is ordered. R. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable Imes 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 arc hereby incorporated herein by this reference. The Seller agrees to indemnify sad hold the Purchaser hamrlcss from 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 is monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller warrants full, 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 Seller shall release the Purchaser and its contractors crafty tier from all liability and claims of nay nature resulting from the performance crutch work. This release shall apply even in the event of fault of negligence of the parry released and shall extend in the directors. officers and cmployar ofmch party. The Sellers contractual obligations, including wavmnty, shall not be deemed to be reduced, 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, material or process covered by letter, patent. trademark or copyright. the Seller shall indemnify and save homeless 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 at any time during the prosecution or a0er the completion of the work. In case said equipment, or any parr 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 Scllcr shall, at its own expense and at its option, either pmcurc for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but naninfringing equipment, or madify it sea it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bars 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 dfditions oftenns used or the interpretation oflhe agmcmcnt and the rights ofall parties hcrcundcr shall be csanstroed under and governed by the lases ofthe Stale of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hcrcundcr, including the services of Scllcrs Reprcscntative s). en the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the lime 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 wort: at Sellers own expense and to the satisfaction of the Purchaser. Rrhen materials and equipment arc fiimished by others for installation or erection by the Seller. the Seller shall motive. 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 Seiler shall, at his own expense, Provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work coveted by this purchase order, and/or to their dependents in accordance with the laws ofthe 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 liabiliy insumncc with hastily injury and death limits of at Icasr S30(). l(10 for any one person. S30G. 10 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contactors. if any, to provide for such compensation and insurance. Befo¢ any ofthe Scllcrs or his contractors employees shall do any work upon the premiss crashers. the Seller shall famish the Purchaser with a eenificme that such compensation and insurance have been Provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificales 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 hembv assumes the entire responsibility and liability for any and all damage, Ims or injury cram, kind or natnc whatsoever to persons or property caused by or resulting form the cxccutien of the work provided for in this purchase order or in connection herewith. The Scllcr, will indent fy and held harmless the Purchaser and any or all of the Pamhascrs offsets, agents sad employees from and against tiny 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 season of any act action. neglect, omission or default on the pan of the Scllcr. any of his contractors, or my of the Scllcrs or contractors officers, agents or employees. In case any suit or other proceedings shall he brought against the Purchaser, or its effects, agents or employees at any time on account or by reason of any act, anion, neglect omission or default of the Seller of any of his contractors of nny of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the .mate at the Sellers men expense, to pay any and all costs, charges, attomcys fees and other expanses, 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 ofthe Purchases. or said panics in or as a result of such suits or other proceedings. the Seiler will a1 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 Imes and regulalions with regard to safety including. but without limitation, the Occupational Safety and Hcalth Act of 1970 and all mles and regulation issued pursuant thereto. Revised 03/2010