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HomeMy WebLinkAbout126289 WAGNER RENTS INC - PURCHASE ORDER - 3212314City/ OfPURCHASE ORDER PO Number I Page Collins3212314 ' of 2 `t CThis number must appear " J on all invoices, packing slips and labels. Date: 01127/2012 Vendor: 126289 Ship To: STREETS DEPARTMENT WAGNER RENTS INC CITY OF FORT COLLINS 1317 E MULBERRY ST 625 NINTH STREET FORT COLLINS Colorado 80524-3515 FORT COLLINS Colorado 80524 Delivery Date: 01/26/2012 Buyer: JAMES HUME Note: Line Description Quantity Ordered UOM Unit Price Extended Price 2012 MISC RENTALS 1 LOT LS 15,000.00 C3. Oi'le,siL� 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 Tanis and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Number is 95-04502. Federal Excise Tax Exemption Certificate of Registry 94-MO0587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Stated" 1973. Chapter 39 26. 114 my Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit, may be roamed to you for credit and am not to be oplaced except upon receipt Of written iremactions fmm the City of Fort Collins, Inspection. GOODS arc subject to the City of Fort Collins inspection on amen 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof. failure or delay to 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 of Nc design. shall not release the Seiler of any ofthe ommritics or obligations of this purchase order and shall not he deemed a waiver array right of the purchaser to insist upon strict performance hercoforany of its rights err remedies as to any such goods, regardless Of when shipped, received or accepted, as to any prior or subsequent default heremdcr nor shall any purported oral nmodifientian or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms motof. 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. Hmvevcr, it is to be undcrstund 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 boac by the Purchaser. 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 heraficr Freight Terms. Shipments must be F.O.B.. City of Fort Collins, 7M Wood St.. Fon 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 acquirdl by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. whim manufacturers have distributing points in various parts of the country, shipment is expected fmm the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made fmm greater distance. Permits Seller shall procure at sellers sole cost all amessary permits, certificates and licenses rcquircd by all applicable laws, regulations. ordinances and rules ofthe state, municipality, territory or political subdivision where the work is paorrood, or required by any other duly constituted public aulhonty having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless form and against all liability and loss incurred by them by reason of an nsscricd or established violation of any such laws. regulations, ordinances rules and requirements. Authorization. All panics to this contract agree that the representatives are, in fact. bona fide and posses full and complete authority to bind slid panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the toms and conditions stated herein set forth and any supplementary or additional Items and conditions annexed horeto or incorporated herein by reference. Any additional or different terms and conditions proposed by Scllcr are objected m and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to mri%c on your promised delivery date as noted. Time is of the essence. Delivery, and performance must be effected within the time ,rated oa the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofmnial late deliveries, shall operate as a waiver of this prevision. In the event Many delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order chew'here 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 arc beyond its rcnsonable control and without it, fault ofnegtigence. such acts of God, acts fcivil or military authorities govemormtal primkies, ❑Its, strikes, Bond, epidemic,, wars in riots pmvidcd 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 ofthc delay. 3. WARRANTY. The Stile, ...I, that all goods, articles, materials and work covered by this order will conform with applicable dmvimgs, specifications, samples and/or other description 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 Sclln agrees to hold the purchaser h rmalm from any loss, damage or expense which the Purchaser may suffer or incur on account ofthe Scllcrs breach interim m y. The Seller shall replace. rptir or make good, withnm cost to the purchaser, any defeat or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terrors ofany applicable warranty provided by the Seller after the date Of acceptance ofthe goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goofs by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as Otherwise provided in this purchase order, the Scllcrs liability hereunder shall extend to all damages p nsimatcly caused by the breach of any of the foregoing wam, mics or guarantees, but such liability shall in no event include loss of pmfits Or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANCES IN LEGAL TERMS. The Purchaser may make changes to legal term, by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terns, other than legal terms, including additions to Or deletions fmm the quantities originally ordered in the specification or drawings. by verbal Or .written change order. If any such chance affects the amount due or the time of peformance hereunder. an equitable adjustment shall be Once. fi. TERMINATIONS. The Purchaser may at any time by written change order, terminate this ngreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment bd%%vcn the ponies as to any work or mnicrinls then in ptognss provided that the Purchaser shall not be liable for any claims for anticipated profits on the unmmpleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor ofthe Seller with respect to any goods which are the Sellers standard stock. NO such termination shall relieve the Purchaser err the Seller of any 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 termination is ordered. S. COMPLIANCE WITH LAW. The Seller wmmnt, that all goods sold hereunder shall have been pmdueed. sold, delivered and famished 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 he incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless fmm 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 hecome Elite hereunder without the prior written consent of the other party. 10. TITLE. The Seller waronts 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. reservations. scconty interest encumbmnees and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller.and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser - may cause the work to be Perfumed by the most expeditious means available to it, and the Seller shall pay all costs associaled with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the perfomancc of such 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 nfsuch party. The Scllcrs contractual obligations, including womnry, 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. 0.henevcr the Seller is required to use any design, device, mmcrial or process covered by letter. patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser form 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 case said equipment or any pan thereof or the intended use of the goods, is in such snit held to constitute infringement and the use of slid equipment or part is enjoined. the Seller .shall, at its own expense and at its option, either procure fm the Purchaser the right to continue using said equipment or pans replace the same with substantially equal but anninfringing equipment, Or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent ar bankrupt, make an assignment for the benefit of creditors, appoint a receiver or mastic for any of the Sellers Fmpcny, or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be construed under and governed by the Imes ofthe State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the senices of Scllcrs Rcprewntativc(s), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall tarty on said work at Scller's own risk until the same is fully completed and accepted, and shall, in cow of any accident, destruction or injury to the work and/or materials before Scllcr, final completion and acceptance, complete the wok at Sellers own expense 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 read become responsible therefor as though such materials and/or equipment were being furnished by the Seiler under the order. 19, INSURANCE. The Seller shall, at his own expense, ron idc for the payment of wickets 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 laws of the ,rate in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, eonrraebml and automobile public liability insurance with bodily injury and death limits. of at least 5300,000 for any one person. S500.000 for any one accident and property damage limit per accident of S400f)(10. The Seller shall likewise require his contractors, irony. to provide for such compensation and insurance. Before any of the Sellers or his contractors employee.% shall do any work upon the prenmises of Others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been pmvided. Such certificates 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 Scllcr agrees that such compensation and insurance shall he maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller herby assumes the entire responsibilityand liability for any and all damage, loss or injury ofany kind m nature whatsoever to persons or pmpcny caused by err resulting fmm the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will ineenmify and held harmless the Purchaser and any r all of the Purchasers nflieem. agents and employees from and against any and all claims losses, damages charge% or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or suhicct by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his contractor%, or any of the Sellers or contractors Odgers, agents or employees. In case any suit or other prncecdings shall be brought against the Pumhaser, or its ofiiccm, agents or employees at any time onaccount 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 omcers, agents err employees n aforesaid, the Seller hereby agrees to n,sunm the defense thereof and to defend the same at 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 many of it, err their office., agent, err employee, in such suits or other proceedings, and in case judgment or other lien be placed nlm t or obtained against the property of the Purchaser. or said ponies in or as a result of such suits or other proceedings. the Seller will at once cause the same to be dismhed and discharged by giving bond or otherwise. The Seller and his contractors shall Inks all safety precautions, furnish and install all guards necessary for the prevention of accidents. comply with all laws and regulations with regard to safety including, hot without limitation, the Occupational Sdfety and Ilcallh Act of 1970 mud all rules and regulations issued putsmnt thereto. Revised 03/2010