Loading...
HomeMy WebLinkAbout109333 O J WATSON CO INC - PURCHASE ORDER - 9120688City of /OVN _rt Collins Date: 02/02/2012 Vendor: 109333 O J WATSON CO INC 5335 FRANKLIN ST DENVER Colorado 80216-6213 PURCHASE ORDER PO Number Page 9120688 1 of 2 This number must appear on all invoices, packing slips and labels. Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS Colorado 80524 Delivery Date: 02/01/2012 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price I 80"X102" flatbed Installed per quote 81982, Attn: Gary Werning Dept: Streets Quoted price: $3,133 less box credit: -400 (per Gary's email dated 1-31-12) Total: $2,733 Flatbed will be mounted on a Chevrolet 250OHD pickup, regular cab, 2wd, on order from Dellenbach Chevrolet. U 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 Total Invoice Address: 2,733.00 733.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By stande the City of Fort Collins is exempt fmm state and bell lrxcs. Our Exemption Number is 11. NONWAIVER. 98-01502. Federal Excise Tax Exemption Certificate of Registry 84-6000597 is registered with the Cnllcctor of Failure of the Purchaser to insist upon strict performance of the tells and conditions hereof. failure or delay to Internal Re%cnu r, Denver. 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 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 ntco specifications, tither when shipped or due to defects of any of the warranties or obligations of this purchase order and shall nor he devoted a xnivcr of any right of the damage in imnsit, may be retumed to you for credit and arc not to he replaced enccpt upon receipt of written purchaser to insist upon strict performance monfor any of its rights or remedies as ninny such goods, rcgmdlcss instructions front the City effort Collins. of when shipped, received or acev tvd. 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 Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, sarvica or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Pan Collins. However, it is to be understood that FINAL Seller and the Pnremser mcognize that in actual economic practice, overcharges resulting front antitmst ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. vinhoina, arc in fact borne by the Purchase,. 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 hereafter Freight Tcrma, Shipments must be F.O.B., City of Fort Collins, 700 Wool St., Fort Collins. CO 80522. Unless acquired under federal or state antitmst laws for such overcharges relating to the pamicular 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 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 directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the ncUm&t distribution point to destination, and excess freight will be deducted fmm Invoice when Purchaser and the Scllcr, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cost 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 duly constituted public authority having jurisdiction over the work of vendor. Seller further ammecs n hold the City of Fen Collins harmless fmm and against all liability and loss incurred by them by reason of an aacnM or established violation of any such laws, regulations ordinances, rules and requirements. Authoriv Lion. All panics to 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 expres ly limits acceptance to the terms and conditions stated herein set forth and any supplcnicinary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by sel Icr arc objected to and haehy rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if yen cannot make complete shipment to Arrive on your promised delivery date as noted. Time is ofthe essence. Delivery and performance must he clTected 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 operate as a waiver of this prevision. In the event of any delay. the Purchascr.shall have, in addition to other legal and equitable remedies, the option of placing this order clsewherc and holding the Seller liable for damages. Hmvcvcr. the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which am beyond its reasonable control and without its fault ofneglucricc. such acts of God, acts ofcivil or military authorities, governmental priorities, fires, strikes, RUM, epidemics, wars or 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 dclivcry shall be extended for the Period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all good, amides, materials and work covered by this order will conform with applicable drawings. specifications, samples and/or other descriptions given, will he fit for the purnwo 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 from any loss, damage or expense which the Purchaser may suffer Ur incur on account of the Scllers breach of wamnty. The Scllcr shall replace, repair or make gob, without cost to the purchase,. any defects or faults arising within one (I) year or within such longer period of time As may be prescribed by law or by the terms ofany applicable warranty pmvided by the Seller nRer the date of acceptance of the good Furnished bercunda (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or material, fumished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this wamnty. Except As otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages pmximatcly caused by the breach of any of the foregoing wamnties or guarantees, but such liability shall in an event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALT. APPLY. 4. CHANGES IN LEGAL TERMS. 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 rents, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount doe or the time of performance hereunder, an equitable adustment shall he made. 6. TERMINATIONS. The Purchaser may at any time by written change order. terminate this ag erner, 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 ofthe goods and/or work, for incidental or consequential damages, and that no such adjustment he made in favor of the Seller with respect to any goods which are the Sellers stamdanl stock. No such termination shall relieve the Purchaser or the Scllcr 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 fmm the date the change or termination is ordered. S. COMPLIANCE WITH LAW, The Seller wamnts 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 an subject. The Seller shall excnrtc 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 are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamlcss 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 any monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller wnmms full, clear and unrestricted title to the Purchaser for all equipment. materials. and items furnished in perfomancc of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbmnecs and claims of others. The Seller shall tdcase the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the pul rmance 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 of such party. The Seller's contnetual obligations, including warmnty, shall not be deemed to be reduced, in any way, because such work is perfonued or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to asc any design, dcvicc. material or process covered by letter, patent, madcmark or copyright, the Seller shall indemnify and smve harmless 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 contact. And shall indemnify the Pllrchn cT 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 after the completion of the work. In case said equipment, or any pan thereof or the intended asc 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 Purchnsar 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 bemoan, insolvent or bankrupt, make An assignment for the benefit of creditors, appoint a receiver or income for any of the Shccrs property or business, this Order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW, The definitions of terms used or the interpretation of the agreement and the rights ofall panics hereunder shall be conatmM under and gaveled by the laws of the State of CNomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the sen ices of Sellers Representative(s). on the premises efurhers. 17. SELLERS RESPONSIBILITY. The Seller shall tarty on mid work at Seller's own risk until the c me is fully completed and accepted, and shall, in case of any accident. deswction or injury, to the work and/or material befone Sellers final completion and acceptance, complete the work at Scllers own expense and to the satisfaction ofthe Purchaser. When materials and equipment arc fumished by others for installation or erection by the Seller. the Seller shall rcccivc, unload. store and handle more at the site and become responsible therefor as though such materials and/or equipment were being furnished by ncc Scllcr under the order. 19. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers conmewatinn, including Occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order. andlor 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 liar iced to, contractual and anmmobile public liability insurance with bodily injury and death limits of at (cast 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 cmnpcnsution and insurance Before any of the Sellers or his contractors employees shall do any work upon the premises of mhets, the Scllcr shall furnish the Purchaser with a cenificam that such compensatinn and insurance have been provided. Such certificates shall specifv the date when such compensation and insurance have been pmvided. Such certificates shall specify the date when such compensation and insurance expires, The Seller agrees that such compensation and insuranceshall be maintained until atter the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. T he Seller hereby assumes the entire responsibility and liability for any and all damage, loss or inhoy of any kind or nature whatsoever to persons or property caused by or resulting (root the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hamlcss the Purchaser and any or all of the Purchasers officers, agents And employees from and against any and all claims, loses, damages. charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser root be put or subject by reason of any act. aclion, neglect, omission or default on the pan of the Scllcr, any of his contractors, or any of the Sellers or contractors Offcros, agents or employees. In ease any snit or other proceedings shall be brought against the Purchaser, or its officers. Agents or employees At nny 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 their oRcers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the s me 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 oReem. agents or cmployccs in such suits or other pmecc dings, and in case judgment or other lien be placed upon or obnined 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 cattle the same to be dissolved and discharged by giving bond Or mhcrwise. The Scllcr 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 rules and regulations issued pmmant thereto. Revised 03/2010