Loading...
HomeMy WebLinkAbout102687 VERMEER SALES & SERVICE - PURCHASE ORDER - 9121129PO PURCHASE ORDER 912112er Page rClty Of9121129 ' of 2 `t CThis number must appear ` Collins` on all invoices, packing slips and labels. Date: 02/23/2012 Vendor: 102687 Ship To: WATER UTILITIES VERMEER SALES & SERVICE CITY OF FORT COLLIN OF COLORADO INC 700 WOOD ST 5801 E 76TH AVENUE FORT COLLINS Co 'ado 80521 COMMERCE CITY Colorado 80022-1061 Delivery Date: 02/23/2012 i Buyer: OPAL DICK Note: ` Line Description Quantity/ Ordered UOM Unit Price Extended Price LEASED EQUIP RENTAL SERVICES PLOT LS 5,100.00 R3747C / i PAF 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 Total Invoice Address: 100.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tcmx and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. Hy .amuse the City of Fen Collins is ,,empt fmm state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Cwificae of Registry 54-6000597 is registered with the Collector of Fnilurc Of she Parclew, to insist upon strict pofomtnnce of the terms and conditions hereof, failure or delay to Internal Revenue. Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chiller 39.26, 114 (a). exercise any rights Or remedies provided herein or by ]au', failure to promptly notify flat Seller in the event offs breach. the receptacles, ofor payment for goods hereundm 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 defect of any of the wamntjes ar obligations of this purchase order and shall nos be deemed a waiver of any right ofthe damage in transit. may be returned to you for credit and arc not to be replaced except upon rcecipt of written purchaser to insist upon strict performance herenfor nnv of it rights or remedies as to nnv such goods, regardless instruction, front the Cit_v efPon Collins. of when shipped, received or recepted, as to any prior or subsequent default hcrcundcr. nor shall any pmpnmd oral modification or rescission of this pgrcl us. Order by the Purchaser operate as a waiver of any Of the forms Inspection. GOODS are subject to the City of Fen Collins inspection on uncivil. hereof. Final Acceptance. Receipt of the merchandise, service or equipment in response to this Order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. aulhoriaed payment on the pan of the City of Pon Collins. Hmvcvcr, it is to be understood that FINAL Seller ,.at the Poubamr m,.gmm that in actual economic practice. overcharges resulting fmm antitmst ACCEPTANCE is d pendcal upon completion ofall applicable required inspection pnxednrcs. violation, arc in fact burno be the Purchase, Therclof fie. for good cause and as considcmtion for executing this purchase order, the Seller hcrcby assigns to the Purchaser nnv and all claims it cony now h.", or herenner Freight Terms. Shipments must be F.O.R., City Of Fan Collins. 700 Wood St.. Pon Collins. CO 80522. unless acquired trader federal or state antitmst laws for such overcharges relating to the particular good or services otherwise specified on this order. If pomaission is given to prepay freight and charge separately, the odginxl freight purchased or acquiml by the Purchaser pas to this purchase order. bill taut accomp try invoice. Additional charges for picking will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where munufecmrers have distributing points in various pans of the country, shipment is If the Purchaser dirccls the Seller to correct nonconforming or defective goods 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 Scllcr, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser .shipments arc made form grcmer distance. may cans, the work to be performed by the most expeditious means available in it. and the Seller shall pay all costs nssceimcd with such work. Pewits. Seller shall pmcure nt sellers sale cost all necessary permits. certificates and licenses required by all applicable laws, regulations, ordinances and talcs of the state. municipality, territory or political .subdivision where the work is Performed, or required by any other duly constituted public authority h:wingjurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins hawlecs fmm and ngainst all liability and loss incurred by them by reason of:m acsened or cstablishcd violation of any .such laws, regulations, ordinances, odes and rcgohcmcnt. x Authorimfion. All panics to this contract agree that the representatives arc, in fact, bona ride and possess full and complete authority In 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 additional tows and conditions annexed hereon or incorporated herein by reference. Any additional or different terms and conditions proposed 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 she essence. Delivery and performance must 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 any delay, the Purchaser shall have. in addition to other legal and equitable remedies, the option of placing this order clsewhem 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 foreseeable which arc beyond its reasonable control and without its fault ofnegligencc, such act, of Gal. acts strowl m military outhoritics. governmental priorities. Gres, strikes, Mond, 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 fsrst received knowledge thereof, In the event array such delay, the date Of delivery shall be extended for the period equal on the time actually lost by reason ofthe delay. \ 3. WARRANTY. The Seller warrants that all goods, articles, mmonals and work covered by this outer will conform with applicnbe drawings, specifications, samples and/or other descriptions given, will he 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 Firm any loss, damage or expense which the Purchaser may su Rer or incur on account ofthe Sellers breach of wamnty. The Seller shall replace. repair or make good, w'ithuu cost to the purchase, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by laic or by the term of any applicable wamnty provided by the Seller offer the date of acceptance of the good furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials fumishcd by the Seller. Acceptance or use of goods by the Purchascr shall not constitute a waiver array claim under this warm. my. Except as otherwise Provided in this purchase order. the Scllcrs liability hereunder shall extend to all dnnaages pooxicamely caused by the breach of any ofthe 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 LEGAL TERMS. The Purchascr may make changes to legal tent s by written change order. 5. CHANGES IN COM M ERCI A I. TERMS. The Purchaser may make any changes to the Isms, other than legal terms. including additions to or deletions four the quantities originally ordered in the specifications fir drawings, be verbal Or written change order. If any such chance affects the amount due or the time ofperformance hereunder, an equitable adjustment shall be made. lc. TERMINATIONS. The Purchascr may at any time by wrumn change order, terminate this agreement 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 netot al,, then in progress pmvidcd that the Purchaser shall not be liable for any claims fat anticipated porit on the uncompleted pinion of the &nods andlor work, for incidental or consequential damage, aid that no such adjustment by made in favor artful Seller wish ougvcl funny grad which arc the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller ofany ofthelr obligations as In any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be as,cvcd within thirty (30) days fmm the date the change or rewination is ordered. R. COMPLIANCE WITH LAW. The Seller warrants that all good sold hcrcundcr shall have been produced. sold. delivered and famished in strict compliance with all applicable laws and regulations to which the goods ore subject. The Seller shall execute and deliver such documents as may he 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 Purchascr harmless room all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither piny shall assign, transfer, or eonvcy this order, or any monies disc or to become due hemander without the rotor written consent ofthe other party. 10. TITLE. The Seller warrants full. clear and unrestricted title to the Purchaser for all equipment. msleriaL, and items furnished in performance of this agreement, free and clear of any and all liens, restrictions. reservations, security interest cncumbmnccs and claims of ofhem. The Seller shall release the Purchaser and its contractors of am tier fmm all liability and claims of any nature resulting front the performance ofsuch work. This release shall apply even in the event of faith of negligence of the party rclensed and shall extend In the directors. Officers and employees ofsuch party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced. in any way. because such work is perfomtM or caused to be performed by she Pnrchnser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or pmecss covered by letter. patent. Ind"unk, or copyright, the Seller shall indemnify and save homeless 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 contract, and shall indemnify the Purchaser for any cost. expense or damage which it may be obliged to pay by reason of such i ofringcmcnt at any time during the pmsccul ion or alter the completion of the work. In case said cquipmcnt, or any part thereof or the intended use of the funds, is in such suit held to consti title in fringenn nt and the use of said equipment or pan is enjoined, the Seller shall, of its own expense and at its option either practice for the Purchaser she right to continue using said equipment or pans, replace the same wish substantially equal but nnnjnfringing equipment, or modify it so it becomes nnninfringing. 15. INSOLVENCY. If the Seller shall become insub,cut or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of he Sellers pmpcny or business, this order may forthwith he canceled by the Pumbascr without liability. I& GOVERNING LAW. The definitions nftems used or the i omptc Minn ofthe agreement and the rightsofall panics hereunder shill be construct] under and governed by the Imes ofthe State of Cnlomdo, USA. The following Additional Conditions apply only in cases when, the Seller is to perform work hcrcundcr. including the wtadecs of Sellars Rprcacnimivc(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fidly completed and accepted, and shall, in ease of cony accident, dcdruetion or injury to the work and/or material., before Setter's final completion and .acceptance, complete the work at Seller's own expense and to the satisfaction of the PurchaseT. When materials clad cquipmcnt are 4 mishcd by others for installation or erection by the Scllcr, the Seller shall receive, unload. .,sore and handle same at the site and become responsible therefor as though such nateials and/or equipment were being furnished by the Seller amder the order. 19. INSURANCE. The Seller shall. at his own expense, provide for the rayment of workers compensation, including oecnpatiomal disease bencrit, to its employ ecs employed on or io connection with the work cev'cred by this purchase order. and/or to their dependents in accordance with the Imes of the state in which the work is to he done. The Seller shall also carry comprehensive general liability including, but not limited to. comosich it and automobile public liability insamnce wish buddy injury and death limit of err (cast S300,000 for any one Perini, 5500,000 for any one accident and propeny damage limit per accident of S400,000. The Scllcr shall likewise require his comoicmrs, if any, to provide for such compensation and insmmo,cc. 0cterc any of the Sellers or his contractors employees shall do any work upon the premiws of ethers. the Seller shall famish the Purchascr with a certificate flat such compensation and insurance have been provided. Such eenifieates shall specify the date when such no,n nsation and invoices, have been provided. Such comficntes shaft sreeify the date when such compensation and insurance expires. The Scllcr agrees ohm such compcomice and insurance shall he maintained until ,net the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller beech, assumes the entire responsibility and liability for any and all damage, loss or injury of nay kind or nature whatsoever to persons or properly caused by or resulting from the execution oftho work pmvidcd for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchreers officers, agents :cod employee form and against any and ill claims, losses. dnnm&cs, charges or expenses. whether direct or indirect, and whether to persons or property to which the Purchases env be put or subject by reason of any act action, neglect. omission or default on the part of the Seller. any of his contaclors, or any of the Sellers or contractors Officers, agents or employees In case any suit or other poceedings shall be brought against the Purchaser. or its oReers, agents or anployces 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 it or their oRecm. agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend she same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expense, any and all judgments that may he inciml by or obtained against the Purchaser or any of its or their Officers. agents or employees in such suits or other proceedings, and in cue judgment or other lien be placed upon or obtained against the property of the Purchascr, or said panics in at as a result of such suits or other pmccedings, the Seller will at once cause the same to he di,,ahed and discharged by giving bond or mhcnrise. The Seller and his contractors shall lake all safety precautions, furnish and install all guards necessay for the prevention of accident, comply wills all laws and regu lntions with regard to safety including, but without limitation. the Occupational Safety and Health Act of 1970 red all sales and regulations issued pursuant thereto. Rc,mcd 0312010