HomeMy WebLinkAbout117049 HONNEN EQUIPMENT CO - PURCHASE ORDER - 9121232PURCHASE ORDER PO Number Page
City Of 9121232
Collins
This number must appear
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slips and labels.
Date: 03/02/2012
Vendor: 117049 Ship To: FLEET SERVICES - MAI HOP
HONNEN EQUIPMENT CO CITY OF FORT COL S
5055 E 72ND AVE 835 WOOD ST
COMMERCE CITY Colorado 80022-1513 FORT COLLI Colorado 80521
Delivery Date: 03/02/2012 Buyer: JAMES HUME
Note:
Line Description J,/' Quantity UOM Unit Price
Ordered Extended
Price
Parts to repair unit #3140. 1 LOT LS 20,000.00
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by James B. O'Neill Il, 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 $20,000.00
Invoice Address
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terns and Conditions
Page 2 of 2
I. COMMERCIAL. DETAILS.
Tns exemptions, By statute the City effort Collins is exempt from state and local Lases. Our Exemption Nnmher is
9g-fN502. Federal Esci a TO, fxcmrtion Certificate of Registry 84-0011587 is registered with the Collector of
Internal Revenue, Denver, Colorado (Ref. Cnlom to Revised Stances 1973, Chapter 79 26, 114 (a).
Gelds Reiceed. GOODS REJECTED due to failure I. meet specifications, Cuba when shipped or due to defects of
damage in transit, niav he returned to you for credit and are not to he replaced except upon receipt of written
instructions from the City of Fort Collins.
I nspeetion. GOODS arc subject to the City of Fort Collins inspection tun arrivn 1.
11. NONWAIVER.
Faihure of the Purchaser In insist upon strict performance of the terms and conditions hereof. failure or delay to
,xereise any rights or remedies provided herein or by Irv, failure to promptly notify the Seller in the event of a
breach the acceptance of or payment for goods hereunder or approval ofthe design, shall not release the Seller of
any of the wamntics or obligations of this purchase order and shall not be deemed a waiver of any right ofthe
purchaser to insist Oran strict performfnec hereoferany of irs rights or remedies as to any such goods, regardless
of when shipped, received or accepted, as in any prior or subsequent default hereunder, nor shall any purported
oral modification or rescission of this purchase order be the Purchaser operate as a waiver of any of the terms
hereof.
Final Accepmncc. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the part of the City of Fort Collins. However, it is to he understood that FINAL Seller and the Purchaser recognize that in actual economic practice, oycreharges resulting from muitmst
ACCEPTANCE is dependent upon completion of all applicable required inspection proccdui violations are in fact borne by the Purchaser. Theretofore, for good cause and as considcmtion for executing this
purchase order, the Seller hereby assigns to the Purchaser mnv and all claims it may now have or hereafter
Freight Terms, Shipments must be F.O.H., City of Fort Collins, 700 Wood St.. Fort Collins. CO 90522. unless acquittal under federal or state antitrust laws for such overcharges relating to the particular goods or services
otherwise specified on this order.+I{pertnission is given to prepay freight and charge separately, the original freight purchased err acquired by the Purchaser pursuant to this purchase order.
bill must accompany insane. Additional charges for packing will not be accepted.
Shipment Distance where manufacturer have distributing points in various parts of the country, shipment is
expected from the nearest distribution point to destination, and excess freight will be deducted frown Invoice when
shipments ure made from greater distance.
Permit.. Seller shall procure at stile" 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 r.dor. Seller further agrees to hold the City of Fort Collins hi mlcss from and against all liability and loss
incurred by them by reason of an asserted or established vinlation of any such Imes, regulations. onlinari odes
and requirements.
Amhoriamion. All parties to this contract agree that the representatives arc. in fact. bona fide and possess full and
complete authority to hind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated
herein set forth and any supplementary or additional tans and conditions annexed hcrcto or incorporated herein by
reference Any additional or different toms and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot mike complete shipment to arrive on your
promised delivery date as noted. Time is ofthe 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
lima italim, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event array delay.
the Purchaser shall have. in addition to other legal and equitable remedies, the option of placing this enter elsewhere
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 face scable which arc beyond its reasonable control and wthroat its fault ofnegligenec,
such acts of Gad, acts ofcivil or militaryantlit hies, governmental priorities, fires. strikes, Herod, epidemic, wars or
riots Pro, ided 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 One such delay, the date of del ivery shall he
extended for the period equal to the time actually lost by reason of the delay.
7. WARRANTY.
The Seller wamnt.c that all good,. article,. materials and work covered by this order will conform with applicable
drawings, specifications, samples and/or other descriptions given, will be rut for the purposes intended, and
performed with the highest degree create and competence in accordance with accepted standards for work off
similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the
Purchaser may suffer or incur on account of the Scllcrsbreach of wamnty. The Scllcr shall replace, repuir ormake
goad. withood cost to the purchaser, any defoeL or faults arising within one (O,vcar or n'ithin such longer period of
time as may he preserihed by law or by the terms ofany applicable oamnry provided by the Seller after the date of
acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect
or defective work done or materials furnished by the Seller. Acceptance Or use of goods by the Pmchaser shall not
constitute a waiver from, claim under this wamaty. Except ne otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages PMaimntdy caused by the breach of any of the foregoing warm mies
or guarantees. hot such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY
OR MERCHANTAHILIT' OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANCES IN LEGAL. TERMS.
The Purchaser may make changes to legal term by written change order.
5. CHANCES 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 navercd in the speeifientians or dtnwings, by verbal o Titwn change role, troy rich
chance affects the antonnt due cur the time ofpafomancc hereunder, an equitable adjustment shall he made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the
goods then not shipped, subject to any equitable ndjuslment lwo cen 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 ofthe goods ani work, for incidental or consequential damages. and that no such adjuslment he made in
favor ofthe Seller with respect to any goods which are the Sellers .standard stock. No such termination shall rclicwc
the Purchaser or the Seller crony oftheir obligations as to any goods delivered hereunder.
7. CLAI\IS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within bury, (JO) days from the date the change or wunitvalion is
mdcrcd.
A COMPLIANCE WITII LAW.
The Seller warrants that all goads sold hereunder shall have been produced, sold. delivered and famished in strict
compliance with all applicable laws and regulations to which the Froths are subject. The Seller shall execute and
deliver such document as may be rcquircd to effect cr 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 Purchoscr hamdess from all costs and damages suffered by the Purchaser eta a result ofthe
Sellers failure to coniply with such law.
9. ASSIGNMENT.
Neither parryshall assign, transfer, or convey this order. many monies due or to become due hereunder without the
prior wrinen consent oft he other party.
10. TITLE.
The Seller wam,nts full, clear and unrestricted title to the Purchaser for all equipment, materials. and items fiunished
in performance of this agreement, free and clear of any and all lici restrictions, reservations, security interest
encumbrances and claims ofothers.
I A. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller In correct nonconforming of defective prods by a date to be agreed upon by the
Purchaser and the Sclleq and the Seller thereafter indicates its inability Orunwillingnas in comply, the Purchaser
may cause the work to be performed by the most expeditious means available to it, cold the Seller shall pay all
costs associ.rtcd with such work.
The Seller shall release the Purchaser and its contractors of any her front all liability and claims of any noun,
resulting from the performance of such work.
This release shall apply even in the went of fault of negligence of the party released and shall extend to the
directors. officers and employees ofsuch party.
The Seller's contractual obligations. including wamnty, shall not be deemed to be reduced, in any way, because
such work is performed Or caused to he performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, material or process covered by letter. patent. trademark
or copyright. the Seller shall indemnify' and sire harmless the Purchaser from any and all claims for infringement
by reason of the use of such patented design, dn'ice, material or pmeess in Connection with the concoct. and
shall indemnify the Purchaser for any cost, expense or damage which it ram, be obliged to pay by reason ofsoch
infringement at any time during the prosecution or after the completion of the work. In case said equipment. or
any part thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of
said equipment or part is enjoined, the Seller shall, at its own expense and at its option, either Fracture for the
Purchaser the right to continue using said equipment or parts, rcpincc the same with substantially equal but
noninfringing equipment, or ntndify it so it becomes naninfringing.
15, INSOLVENCY.
If the Seller shall become insolvent or bankrupt. make an assignment for the benefit of creditors, appoint n
receiver or trustee for any of the Sellers property Or business, this coder may forthwith he canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions of terms used or the inicTretation ofthc agreement and the rights ofall Parties hoarder shall be
construed under and governed by life laws nfthe State of Colorado, USA.
The following Additional Conditions apply rule in cases where the Seller is to perfom work hereunder,
including the services of Scllcrs Repesci iwc(sk on the premises ofethers.
17, SELLERS RESPONSIBILITY.
The Seller shall crow on said work at Sellers 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 Scllcrs final completion and
acceptance, complete the work at Seller'., own expense and to the satisfaction of the Purchaser. When materials
.and equipaicm are furnished by others for installation or crcetirn by the Seller, the Seller shall receive. unload.
store fad ],.radio same at the site and become responsible therefor as though such mmeriek and/or equipment
were being Ihrniahcd by the Seller nndcr the order.
18. INSURANCE.
The Seller shall, at his own expense. provide for the payment oforkers compensation. including occupational
disease benefits. 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 law, of the state in which the work is to he done. The Seller
shall also tarty comprehensive general liability including, bill not limited to. contractual and automobile public
liability inswrnnce with bodily inirry and recut limit of tut less, S3m0,0a0 to, any one noon. S560,010 for any
one accident and property damage limit per accident of S400,000. The Seller shall likewise require his
oni>acmr,. Vary, m provide far such c topeasation and insurance. IJcforc any of ncc Sellers or hip contractors
employees shall do any work upon the premises of others. the Seller shall famish life Purchaser with a certificate
that such compensation and insurance have been pmvidcd. Such certificates shall specify the date when such
compensation and insurance have been provided. Such certificates shall specify the dace when such compensation
and imurancc expires, The Scllcr agrees that such compensation and insurance shall be emintained until after iho
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 what,ri,ver to persons or property caused by or resnlling from the cxecniion of the 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 and employees from 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 net, action, neglect. amission or default on the part of the Scllcr, any of his
contractors, or any of the Scllcrs or eOMMOMs ofbccrs, agents or employees. In eze any suit or other
preccce ings shall be brought against the Purchoscr, 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 nforesaid, the Seller hereby agrees to assume the defense thereof and to
defend the sane at the Sellers own expense, to pay any and all costs. charges, attomcys fees and other es,cri
any and all judgments that cony 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 ease judgment or other lien be placed upon or
obtained against the pmperty of the Purchaser, or said parties in of as a result of such suits or other proceedings,
the Seller will at once cause the same I. be dissolved and 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 Imes and regulations with regard to safety including, but wilhfut limitation, the
Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto.
Revised 03/2010