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HomeMy WebLinkAbout111389 SUPER VACUUM MANUFACTURING CO - PURCHASE ORDER - 9120717PURCHASE ORDER PO Number Page City Of 9120717 1 of 2 ` This number must appear F6rt Collins 1 1 on all invoices, packing slips and labels. Date: 02/03/2012 Vendor: 111389 Ship To: POUDRE FIRE AUTHORITY - AD SUPER VACUUM MANUFACTURING CO 102 REMINGTON PO BOX 87 FORT COLLINS Colorado 80524 1303 E 11 TH ST LOVELAND Colorado 80539 Delivery Date: 02/03/2012 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price Tower 5 Accident Repair 1 LOT LS 5,143.85 Invoice 68878 Total $5,143.85 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 Terms 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 11. NONWAI VER. 98-04562. Federal Excise Tax Exemption Certificate of Registry 94-6000557 is registered with the Collector of Failure of the Purchaser to insist upon strict performance ofthe terms and conditions hereof. failure or delay to Internal Revenue. Denver, Colorado (Ref. Colorado Revised Sauces 1973. Chapter 39 26. 114 (a). exercise any rights or rcmcdics pmvidcd herein or by law, failure to promptly notify the Seller in the event of a breach. the acceptance nfor payment for good 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 warranties or obligations of this purchase order and shall not be clamed a univcr of any right of the damage in ttansit may be maimed to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hercofor any of its rights or rcmcdics as to any such goods, regardless instrovieris from the City of Fort Collins of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported nml modification or rescission of this purchase order by the Purrchnmr upcmte as a waiver of any of the terms Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. harm(. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12, ASSIGNMENT OF ANTITRUST CLAI MS. authorized payment on the part of the City of Fort Collins. However, 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 of all applicable required inspection procedures. violations arc in fact borne 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 hereafter Freight Terms. Shipments must be F.O.B., City of Fort Collins. 700 Wood St.. Fort 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 prepty height and charge separately, the original freight purchased or acquired by the Purchascr 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 parts of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or dcfative good by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made fmm greater distance. may cause the work to be pa noned 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, ccnificatcs and licenses required by all applicable Imvs. regulations. ordinances and mlcs ofthe state, municipality, territory or political sid division where the work is performed, or 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 ofany such laws, regulations, radiances. n lcs and requirements. Authorization. All parties to this contract agree that the rcparentatives are, in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance m the terms and conditions stated herein set forth and any supplementary or additional temw and conditions annexed hereto or incorporated herein by relative. Any additional or different terms and conditions proposed by seller arc objected m and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on you promised delivery date as noted. Time is of the essence. Delivery and performance mu t be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including. Without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of nny delay, the Purchaser shall have, in addition to other Icgal and equitable remedies, the option ofplzcing this order elsewhere and holding the Seiler liable for damages. However, the Seller shall not be liable for damngcs 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 ofeivil or military authmitics, governmental priorities, fires, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchascr within five (5) days of the ,into when the Seiler 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 of the delay. 3. WARRANTY. The Seller ...is 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 parposcs intended. and performed with the highest dcgmec 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 Purchascr may suffer or incur on account ofthe Scllcrs breach of warranty. The Sella shall rcplaec, repair or make good without cost to the purchaser. any defects or faults arising within one (I) year or Within such longer period of time as may he prescribed by law or by the terms ofany applicable warranty pmvidcd by the Seiler net the date of acceptance of the goods furnished bartender (aacptance not to be unreasonably delayed), resulting from imperfect or defative Work done or materials furnished by the Seller. Acceptance or use of goods by the Purchascr shall not constitute a waiver ofany claim unda this warranty. Except as otherwise pmvidcd in this purchase order, the Sellers liability hereunder shall extend to all damages pmximately caused by the breach ofany of the foregoing warmmies 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. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchascr may make any changes to the terms, other than legal terms, including additions to or deletions from ,he quantities misinally ordered in the specification or drawings, by verbal or written change order. If any such change affects the amount due or the time ofperformancc hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Pu¢bscr may at any time by written change order, terminate this agreement as to any or all portions of the grads then not shipped, subject to any equitable adjustment between the parties as to any Work or materials then in pregrcss provided that the Purchaser shall not be liable for any claims for anticipated profils on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment he made in favor ofthe Seller with respect to any goods which arc the Sellers standard stock. No s ch termination shall relieve the Purchascr or the Sella ofany of their obligations as to any gook delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days fmm the date the change or mmuinmion is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods are subject The Sella shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to he incorporated in agreements of this character am hereby incorporated herein by this reference. The Seiler agrees to indemnify and hold the Purchascr hmmlcss from all costs and damages suffered by the Purchascr 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 hatunder without the prior written consent ofthe other party. 10. TITLE. The Seller warrants full, clear and unrestricted tide to the Purchascr for all equipment, materials, and items furnished in perfomtance of this agreement free and clear of any and all liens, restrictions, rcsemntions, security interest encumbrances and claims ofothcrs. The Seller shall release the Purchascr and its contractors of any tier fmm all linbflity and claims of any nature resulting fmm the performance ofs ich Work. This rclaxe shall apply even in the event of fault of negligence of the party released and shall extend to the directors, offcas and cmployces of -such party. The Sclia's contmental obligations, including warranty, shall not be domed to be reduced, in any Way, because such work is performed or caused to be perfomcd by the Purchascr. 14. PATENTS. Whenever, the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seiler shall indemnify and save harmless the Purchascr Imam any and all claims for infringement by reason of the use of such Patented design, device, material or process in connectinn 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 after the completion of the work. In case said equipment. or any pan thereof or the intended use of the good, 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 paces, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt make an assignment for the bacrit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith he canceled by the Purchascr without liability. 16. GOVERNING LAW. The definitions oftcrms used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be construed under and 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 Scllcr Rcprcsontativo(s), on the premises ofothcrs: 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk unN the same is fully completed and accepted. and shall, in case of any accident, destruction or injury to the work and/or materials before Settees final completion and acceptance, complete the work at Scllefs own expense and to the satisfaction of the Purchase, When materials and equipment are furnished by others for installation or creation by the Seller. the Seller shall receive, unload. smm and handle same at the site and become responsible therefor as though .such materials and/or equipment were being furnished by the Sella under the order. IS. 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 m connection With the Work covered by this purchase orden and/or to their dependents in accordance with the Innis ofthe state in which the Work is to he done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least 5300.000 for any one pecan, S500,000 for any one accident and property damage limit per accident of 5400.000. The Seller shall likewise require his connactos, if any, to pmvide for such compensation and insurance. Before any of the Scllcrs or his contractors employees shall do any work upon the premises ofmhers. the Seller shall furnish the Purchascr with a cenificate that such compensation and insurance havc been provided. Such ccnificatcs shall specify the date when such compensation and insurance havebean pmvidcd. Such ccnificatcs 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 ofany kind or nature Whatsoever to persons or property caused by or resulting fmm the execution ofthe Work mmyidcd for in this purchase order or in connection herewith. d'he Seller will indemnify and hold harmless the Purchascr and any r all of 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 pmpaty to which The Purchaser may be put or subject by reason of any act, action, neglect. omission or default on the pan of the Scllcr, any of his contractors, or any of the Sellars or contractors officers, agents or employees. In case any suit or other proceedings shall be heaught against the Purchascr, or its officers, 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 their officers, agents or employees as aforesaid, the Seiler hachy agrees to assume the defense thereof and to defend the same at the Scllcrs own expense, to pay any and all costs charges, attorneys fees and other expenses. any and all judgments that may be incurred by officers.or obtained against the Purchascr or any of its or their officers. agents or employes in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property ofthc Purchaser, or mid parties in or as a result of such suits or other proceedings. the Seller Will at once cause the same to be dissoh'cd and discharged by giving bond or othcnvisc. The Seller and his contractors shall take all safety precautions, famish and install all guards necessary for the prevention of accidents. comply With all Imes 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 (have. Revised 03/2010