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HomeMy WebLinkAbout111856 VANWORKS INC - PURCHASE ORDER - 9121042City of Fort Collins Date: 02/17/2012 PURCHASE ORDER Vendor: 111856 VANWORKS INC 900 E LINCOLN AVE FORT COLLINS Colorado 80524-2508 PO Number Page 9121042 1 of 2 This number must appear on all invoices, packing slips and labels. Ship To: FLEET SERVICES - MAIN SHOP CITY OF FORT COLLINS 835 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 02/17/2012 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price I Raider topper for Ford F-150 Ext cab pickup, 6.5 ft bed 9v-� Q. 0i1e.,s4 �e_ 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 EA 3,014.00 Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 If Purchase Order Ternis and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 99-01502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failnrc ofthe Purchaser to insist upon strict performance of the terms and conditions hereof bilure or dclav to Internal Revenue, Denver, Colorado (Ref. Colorado Rcviscd Spumes es 1973. Chapter 39-26. 114 (4 exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach. the acceptance oforpaymcm for grads hereunder or approval ofthe design. shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to mcd specifications either when shipped or due to dcfcets of any of the wamntics we obligations of this purchase order and shall not be deemed a waiver ofany right of the damage in transit. may be returned to you for credit and are not to he replaced except upon receipt of written purchaser to insist upon strict performance hcmofor any of its rights or remedies as to anv such goods, regardless instructions from the City effort Collins. of when shipped, received or accepted. as to any prim or suhsequent default hereunder, nor shall anv purported oml modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are suhjeet 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 rewdt in 12. ASSIGNMENT OF ANTITRUST CLAI h1S. anflumized payment on the part of the City of Tom Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in acntil economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicahlc rcquimd inspection procedures. violations are in fact home 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 Tom Collins. 700 Need St., Fort Collins. CO 90522, unless acquired under federal or state antitrust Imes for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay (night 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 dcfcclive 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 ho nice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply. the Purchaser shipments arc made from rmed greater distance. may cause the work to be perfnby the most expeditions means available to it. and the Seller shall pay all costs associated with such work. Pcmits, Seller shall pmeutc at sellers talc cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules ofthe state. municipality, mimicry 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 agrees to hold the City of Tom Collins hamlcss from and against all liability and loss incurred by them by reason of an asserted or established vinlation of any such laws, regulations ondinances, rules and requirements. Aotherizntion. All panics 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 teats and conditions stand herein set forth and nay supplcmentnry or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different tans and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complctc .shipment to arrive on your premised 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 ofpartial late deliveries, shall operate as a waiver of this prevision. In the event of any delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. Howx er, the Scllcr shall nor 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 of negligence, such acts of God, acts ofeivil or military authorities, governmental priorities, fires, strikes Rood, epidemics, ones or riots provided that notice of the conditions causing such delay is given to the Purchascr within five (5) days of the time when the Scllcr 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 actual Iv lost by reason tithe delay. 3. WARRANTY. The Seller u'amnt., that all g.&I. articles, mamnals and work covered by this order will conform with applicahlc drawings, specifications, samples and/or other descriptions given, will he fit for the purposes intended, and perforated with the highest degree of care and competence in accordance with accepted standnMs for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchascr miry suffer or incur macerator ofthe Sellers breach of wamnty. The Scllcr shall replace, repair or make good, wlthein cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be poeseribed by law or by the tarns ofany applicable wamnty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed). resulting from imperfect or defective work: done or materials famished by the Seller. Acceptance or use of goods by the Purchascr shall not constitute a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability bdeunder shall extend to all damages proximately caused by the breach ofany ofthe foregoing wamntics or guamntccs, but such liability shall in no event include loss ofpmfits or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchascr may make changes to legal toms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the teats, other than legal terms, including additions to or deletions from the 9vantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time ofperformance hercundcr, in equitable adjustment shall be nude. fi. TERMINATIONS. The Purchascr may at any time by written change order, terminate this agreement as to any or all portions of the goods hen or shipped, subject to any equitable, adjustment bctwcen the parties as to any work or materials then in progress pmvidcd that the Purchascr shall not be liable for any claims for anticipated pmfits on the uncompleted portion ofthe good and/or work, for incidental or consequential damages, and that no such adjustment he made in favor of the Scllcr with respect to nay grads which arc the Sellers standard stock. No such termination shall relieve the Purchascr or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must he asserted within thirty (30) days from the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller wamnty that apt good sold hereunder shall have been produced, 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 laws and i-cp6tions mgoinxi to be incowenctl in agreements of this character are hereby incorporated herein by this refereacw The Seller agrees to indemnify and hold the Purchascr harmless from all costs and damages suffered by the Purchascr as a result of the Scllers failure to comply with such paw. 9. ASSIGNMENT. Neither parry 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 Scllcr womats full, clear and unrestricted title to the Pumhnser forall equipment, materials, and items furnished in performance of this agmermnt, free and clear of any and all liens. restrictions, reservations, security interest encumbrances and claims of others. The Scllcr shall release the Purchascr and its contractors of ony tier from all liability and claims of any nature resulting from the perfmumcc of such work. This release shall apply even in the event of (null of negligence of the party released and shall extend In the directors, officers and employees ofsuch puny. The Scller's contractual obligations. including wammty, shall not he deemed to be reduced, in any way, because such work is performed or caused to be pert rruvf by the Purchascr. 14. PATENTS. Whenever the Seller is rcquimd to use anv design, devices, material or p xecs covered by letter, patent, trademark or copyright, the Seller shall indemnify and save humless the Purchascr from any and all claims for in fringemenl by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchascr 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 ease said cquipmen 1, or any part thereof or the intended use of the goods. is in such snit held to constitute infringement and the use of said equipment or part is enjoined, the Seller shall, at its owe cxpcnsc and at its option, either fracture for the Purchaser the right to continue using said equipment or parts, 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 benefit of cox imrs, appoint a receiver or trustee for anv of the Sellers property or business, this order may forthwith he canceled by the Purchascr without liability. 16. GOVERNING LAW. The definitions of terms used or the isle pixtmion of the agreement and the rights of all panics hereunder shall be construed under and governed by the laws of the Stale of Colorado, USA. The following Additional Conditions apply only in eases where the Seller is to perform work hereunder, including the services of Scllers Reprcsentalive(s), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall cam unsaid wad: at Scllcr's own risk until the same is fully completed and accepted, and shall. in case of any accidcm, destruction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction ofthe Purchaser. When materials and equipment are fumishcd by others for installation or erection by the Seller, the Seller shall receive, 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 tinder the order. IS. INSURANCE. The Seller shall, at his own expense, provide for the payment of,erkcrs compensation, including occupational disease benefits. to is 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 state in which the work is to be done. The Scllcr shall also carry comprehensive general liability including, but not limited to. contractual and mnomobile public liability insurance with bodily injury and death limits of at Icnst SM6,001) for any one person, S500.909 for any one accident and property damage limit per accident of S400.(M)0. The Seller shall likewise require Iris con rimtem if anv. In provide fro such eompens lion and ineumnee. Before any of the Sellers or his contractors employees shall do any work open the premises of ethers, the Seller shall famish the Purchascr with a cenificatc that such compensation and insurance have been pmvidcol. Such certificates shall specify the date when such compensation and insurance have been provided. Stich certificates 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 heml,v assumes the entire responsibility and liability for any and all damage. loss or injury Many kind or nature whatsoever to persons or pmpeny caused by or resulting from the execution ofthc work provided for in This purchase order or in connection herewith. The Seller will indemnify and hold hirral the Purchascr and any or all of the Purchasers officers. agents and employees form and against am, and all claims posses. damages, charges or expenses, whether direct or induccl. and whether to persons or property to which the Purchascr may he put or subject by reason of any act action, neglect emission or default on the pan of the Scllcr, any of his contractors. or any of the Sellers or contractors officers, agents or employees. In case any suit or other pmccedings shall be brought against the Purchaser, 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 olEcos. agents or employees as u(oresaid, the Seller hereby agrees to assume the defense Ilm.f nod 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 Purchascr or any of its or their oRecrs, ,agents or employees in such suits or ether proceedings. and in case Ndgment or other lien be placed upon or obtained against the property ofthe Purchascr, orsaid panics in or as a result ofsuch suits or other proceedings. the Seller will at once cause the same to be dissolved and discharged by giving bond or othct iisc. The Seller and his contractors shall take all study pmcnations, furnish and install all Stands necessary for the prevention of accidents. comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safely and Health Act of 1970 and alp roles and regulations issued pursuant therein. Rmsed 03/2010