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HomeMy WebLinkAbout113984 WAGNER EQUIPMENT CO - PURCHASE ORDER - 9116960Fort Collins PURCHASE ORDER PO Number Page 9116960 1of2 This number must appear on all invoices, packing slips and labels. Date: 01/31/2012 Vendor: 113984 Ship To: OPERATIONS SERVIC WAGNER EQUIPMENT CO CITY OF FORT CO NS 18000 SMITH RD 300 Laporte Av e AURORA Colorado 80011-3511 Building B FORT C INS Colorado 80521 Delivery Date: 11/22/2011 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2 Rent a 140M Cat Grader 1 LOT EA 27,500.00 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill ll, 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: $27,500.00 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 nature the City of Fort 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, Denver, Colorado (Rcf. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a), exercise any rights or remedies provided hercin or by law, failure to promptly notify the Seller in the treat of a breach, the acceptance ofor payment for goods hereunder or approval ofthe 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 wamtntics 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 arc not to be replaced except upon receipt of written purchaser to insist upon strict performance hemofor any of its rights or rcmedics as to env such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prim or subsequent default hereunder, nor .shall any purported rind modification err rescission of this purchase order by the Purchaser operate as a waiver of any of the temrs 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 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fart Collins. However. it is to he understood 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 home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order. the Seller hereby ensigns to the Purchaser any and all claims it may now have or hereafter Freight Temps. Shipments anon be F.O.P., City of Fun Collins, 700 Wood St., Fort Collins. CO 96522. unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. If pernission is given to prepay freight and charge sepammly, the original freight purchased or 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 dimets the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected born the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Scller, and the Seller thercxfter indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distance. may cause the work to be performed by the mast expeditious means mailable to it, and the Seller shall pay all costs associated wish such work. Pits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rates of the state, municipality, territory or political subdivision where the work is performed, m required by any other duly 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 requirements. Authorization. All parties to this contract agree that the representatives are, in fact bona fide and possess Poll and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terns and conditions stated hercin set fnnh and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions prmposcd by seller arc objected to and hereby rejected. '_. 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 essence. 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 ofpanial late deliveries, shall operant as a waiver ofthis provision. In the event ofany delay. the Path., 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 be liable for damages as a result of delays due to causes not reasonably f reaccablc which am beyond its reasonable control and without its fault ofnegligence, such acts of God, acts of civil or military authorities, governmental priorities, fires, strikes flood, epidemics. wars or not; 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 Seiler 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 agrees to hold the purchaser harmless brim any loss, damage or expense which the Purchaser may suffer or incur on account of the Scllcrs breach of warranty. The Seller shall replace, mpair or make good, without cost to the purchases, any defects or faults arising within arc (1) year or within such longer period of time as may be prescribed by love or by the terns of any applicable warranty provided by the Seiler aficr the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seiler. Acceptance or use of goals by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as othcnviw 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. 4. CHANGES IN L EGA L TER MS. 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 terms, including additions to or deletions from the quantities originally ordemd in the speei fiear cm, or drawing, by verbal or ,,Inc..change order. If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. fi. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the gads then not shipped, subject to any equitable adjustment befocca the panics as to any work or materials then in pmgress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted ponion of the goods and/or work, for incidental or consequential damages, and that ern such adjustment be made in favor of the Seller with respect to any goods which arc the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered horeunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must he assertod within thirty (30) days from the date the change or temmin Lion is ordered. R. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall hive 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 cffccl orevidcnce compliance. All laws and regulations required to be incorporated in agreements of this character arc hereby incorporated hercin by this reference. The Seller ngrcce to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers 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 of the other parry. 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, rewrotions, security interest encumbrances and claims of mhcm. The Seller shall release the Purchaser and its contractors of any tic, from all liability and claims of any nature resulting from the peffommnce of such work. This micasa 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', contractual obligations, including warranty, 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 Seiler is required to use any design, device, material or pmeess covered by letter. patent trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such pahmted design, device. material or process in connection with the contract and shall indcmnify 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 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, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall becomc insolvent or 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. Ib. GOVERNING LAW. The definitions oflem, used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be construed underand governed by the Imes of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Scllcrs Represcntativc(s), on the premises ofothem. 17, SELLERS RESPONSIBILITY. The Seller shall cam on mid work at Seller's own risk until the same is fully completed and accepted. and shall. in case of any accident destruction or injury to the work and/or materials before Scllcrs final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment am furnished by others for installation or erection by the Seller. the Seller shall rcccive. 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 ander the order. 18. INSURANCE. The Seller 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 covered by this purchase order, and/err to their dependents in accordance with the laws 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 iasurnncc with bodily injury and death limits of nt Iraq S300.000 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 any work upon the premises of others, the Seller shall famish the Purchaser with a "Itificatc that such compensation and insurance have been provided. 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 Seller agrees that such compensation and insurance shall he maintained until after the entire work is completed and accepted. N. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Scllcr hereby assumes the entire responsibility and liability for any and all damage. loss or injury of any kind or nature whatsoever to persons or property caused by or resulting from the execution of the work pmvidcd for in this purchase order or in eon rectum herewith. The Seller will indcmnify and hold harmle the Purchaser and any or all M the Purchasers officers, agents and employees from 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 pmcccdings shall be brought against the Purchaser, or its oficers, 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 Ihcir officers, agents or employees as aforesaid, the Seller hereby agrees to as;nmc 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 or any of its or their officers, agents or employees in such %aik or other proceedings, and in case judgment or other lien be placed upon or obtained against the property ofthe Purchaser, or said parties in or as a result of such suits or other proceedings, the Salle, will at once 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 guards necessary 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 ores and regulations issued pursuant thereto. Revised 03/2010