Loading...
HomeMy WebLinkAbout116519 MAXWELL PRODUCTS INC - PURCHASE ORDER - 9121107City Of PURCHASE ORDER PO Number I Page 9121107 1 1 of 2 `t COI hn* s This number must appear " on all invoices, packing /OVNslips and labels. Date: 02/23/2012 Vendor: 116519 MAXWELL PRODUCTS INC 650 DELONG ST SALT LAKE CITY Utah 84104-3911 Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS Colorado 80524 Delivery Date: 02/22/2012 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 50,000 LBS CRACKSEAL MATERIAL or a truckload of Crackseal material at $.53/Ib 9n�-� 2. OAA��,;F— 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 1 LOT I LS 25,000.00 Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchasc Order Tcrms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Eon Collins is exempt form 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 .Millet performance of the terms and conditions hmof. failure of delay to littered Revenue, 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 meet .specifications, either when shipped or due to defects of any of the Warmntics or obligations of this purchase order and shall nor be docmcd if waiver of any right of the damage in transit. may be returned to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hemofor any of ir, rights or remedies as many such goods, regardless insnuctions form the City of Fen Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall anv purpated awl mndi fi cation ar rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. hercof. Final Acceptance. Receipt of the mcmhandise, 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 Fort Collins Hmsxver, it is to be understood that FINAL Seller and the Pnrchaser recognize that in awned economic practice. mcrchurges resulting from nations, ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures violations arc in fact home by the Purchnscr. Themmirom, for good cause and as consideration for executing this purchase Onler, the Seller heeby assigns to the Purchaser any and all claims it cony now have or hereafter Freight Tema. Shipments must be F.O.B.. City of Fort Collins, 700 Word St.. Pon Collins, CO R0522, unless acquired under federal or state ontunnt lases for such ranch ages relating to the par iako goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or aequinol by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE. OP SELLERS OBLIGATIONS. Shipment Distance. Where manufacmrcrs have distributing points in various pans of the country, shipment is tribe Purchaser dircets the Seller to correct nonconforming or defective goods by a date robe agreed upon by the expected from the nearest distribution point to destination, and excess freight avi11 be deducted form Invoice when Purchaser and the Scllcr, and the Scllcr thereafter indicates its inability on navillingness rocomply, the Purchaser shipments are made from greater distance. may cause the work to be pert rated by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sdlcrs sale cast 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 forther agrees to hold the City of Fan Collins harmless farm and against all liahiluy and loss incurred by them by reason of an asserted or established violation crony such laws, regulations, ordinances, rules and requirements. Authorization. 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 expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additinual terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions pmposed by seller arc objected to and hereby rejected. 2. 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 perfnrmancc must be effected within the time .stated on the purchase order and the doeumenl attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of,his prevision. In the event crony delay, the Purchaser shall have, in addition to other legal and equitable rcmedics, the option ofplacing this order elsewhere and holding the Seiler liable for damages. However, the Seller shall not he liable for damages as a result of delays due to car ms not reasonably foreseeable which am beyond its reasonable control and without its fault of negligence. such acts of Gad, acts of civil or military authorities, governmental priorities, fins, strikes. Bond, 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 ,he Seller first received knowledge thereof. In the event of any such dcl ay, the date of delivery shall be extended for the period equal to the time actually lost by rcuson ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles materials and work covered by this order will conlom, with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and Performed with the highest degore of care 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 stiffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the good famished 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 Purchaser shall not constitute a waiver ofany claim under this womanty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall stend to all damages proximately caused by the breach crony ofthe foregoing avar antics or guammccs, but such liability shall in no event include loss of profits or loss ofinc. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser mxv 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 ordered in the specifications or drawings, by verbal or written change order. If any such chance affects the amount due or the time ofperfomuance hereunder, an equitable adjustment shall he made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to Inv or all portions of the goods then an, shipped, subject to any equitable adjustment between the parties 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 of the goods and/or wank, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which me the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered heramdcr. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days form the date the change or termination is ordered. 9. COMPLIANCE WITH LAW. The Seller warants that all grads sold hereunder shall have been produced, sold, delivered and furnished in smcl 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 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 Pumhascr harmless form all costs and damages suffered by the Purchaser as a result Of the Scllcrs failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, anatfier, or convey this order, or any monies due or to became dice hereunder without the prior written consent ofthe other party. 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, fine and clear of any and all liens, restrictions, reservations, security interest encumbrances sad claims of others. The Seller shall release the Purchasr and its contractors of any net form all liability and claims of any nature resulting from the perfomtancc of such work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors. officers and employees nfitch parry. The Seller's contmcnual obligations, including wammy. shall not be deemed to be reduced, in any way. bemuse .such work its performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or pmcc.¢ covered by lent. patent trademark or copyright, the Scllcr shall indemnify and save harmless the Parchascr form any and all claims for infringcmcnt by rcao. 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 of such infringement at any time during the prosecution or Iner the completion ofthe work. In case said equipment. of any part thcrcof or the intended use ofthe 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 parts, replace the same with substantially equal but noninfiinging equipment, or nmdify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellcm property or business, this Order may forthwith he canceled by the Purcbscr without liability. 16, GOVERNING LAW. The definitions oftenns osed Or the interpretation ofthe agreement and the rights ofall panics hereunder shall be construnl undo and governed by the laws ofthc State of Colomdn. USA. The following Additional Conditions apply only in cares where the Seller is to perform work hereunder. including the services Of Scllcrs Repmsentative(s). on the premises of otters. 17. SELLERS RESPONSIBILITY, The Sellershall tarty on said 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 Scller's final completion and acceptance, complete the work at Seller's men espensc and to the satisfaction of the Purchaser. When materials and equipment arc famished by others for installation or erection by the Seller. the Seller shall receive, unload. store and handle same at the site and became responsible themfor as though such materials and/or equipment were being furnished by the Seller under the order. IR. INSURANCE. The Seller shall, to his own expense pmvide for the payment of workers compensation. including occupational disease bencrits, 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 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 ovr.:mce with bodily injury and death limits of at (cast S300.000 for any one proton, 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 far such compensation and insumnce. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Parchascr with a certificate 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 be maintained until alter the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES, The Scllcr hcrchy assumes the entire responsibility and liability for any and all damage. loss or injury afar y kind or nature whatsoever to persons Or pruperty caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any Or all of the Purchasers officers. agents Ind employees form 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 act, action. neglect omission or default an the pan of the Seiler, any of his contractors, or any Of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser. of its officers. agents or employces at any time on account or by reason of any act action, neglect. omission or default ofthe Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thcrcof and to defend the same at the Sellers own expcnsc, to pay any and all costs, chargesattorneys 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 suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said panics in or as a result of such suite or other proceedings, the Seller will to once cause the same to he dissolved anti 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 rules and regulations issued pursuant (hereto. Revised 0312010