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HomeMy WebLinkAbout113984 WAGNER EQUIPMENT CO - PURCHASE ORDER - 9121455City of art Collins PURCHASE ORDER PO Number Page 9121455 1 of This number must appear on all invoices, packing slips and labels. Date: 03/12/2012 Vendor: 113984 Ship To: OPERATIONS SERVICES WAGNER EQUIPMENT CO CITY OF FORT COLLINS 18000 SMITH RD 300 Laporte Avenue AURORA Colorado 80011-3511 Building B FORT COLLINS Colorado 80521 Delivery Date: 03/12/2012 Buyer: JAMES HUME Note: Line Description Quantity Ordered UOM Unit Price Extended Price Remove and install 1 LOT LS 8,305.89 governor and fuel injector pump for #2221. See invoice #9D27819 Total $8,305.89 C3. Oi'l�Qd� 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Ordcr Tcrms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins. is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 99-04502. Federal Excise Tax Exemption Certificate of Registry 84-600 5R7 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the tans and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973. Chapter 39-26, 114 (a). exercise any rights or remedics 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 SCller Of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the wmmntics or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit. may be mooned to you for credit and am not to be replaced except upon receipt of written purchaser to insist upon strict performance hercoforany of its rights or remedies as to any such goods, regardless instructions from the Cityof Port Collins. of when shipped, received or accepted, as to any prior or subsequent dcfnult hereunder, nor shall any purported oral modification or rescission of this purchase order by the purchaser operate as a waiver of any of the terms Inspection. GOODS ate subject to the City effort Collins inspection on arrival. hereof. Final Acceptance. 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, Hco cve, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting farm antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection proeedurcs, 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 he F.O.B., City of Fun Collins, 700 Wood St, Fort Collins, CO R0522, 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 prepay freight and charge separately, the original freight purchased m 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 manufacmrcrs have distributing points in various pans of the country, shipment is Ifthe purchaser directs the Seller to correct nonconfnrming 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 farm Invoice when Pumhascr and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made from greater distance. may cause the is to be performod by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Pemtits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, Ordinances aad 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 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 of any such laws, mgulaticom ordinances, talcs and requirements. Authmizntion. All parties to this contract agree that the representatives are. in fact, bona ride and posscc full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the toms and conditions stated herein set forth and any supplementary or additional tents and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are 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 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 limitation, acceptance ofpartial late deliveries, shall operate as a waiver ofthis prevision. In the event of any delay. the Purchaser shall have, in addition to other legal and equitable remedics, the option ofplacing this order elsewhere and holding the Seller liable for damages. However, the Seiler shall not be liable for damages is n result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence. such acts of God, acts of civil or military authorities. governmental priorities, finis, strikes. Food, epidemics, wars or rims provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days Of the time when the Seller first mccived 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 warrants that all grads 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 purposes intended, and perforated with the highest degree of care and competence in accordance with accepted standnrdx for work of a 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 Sellers breach of wamary. The Scllcr shall replace. repair err make good, without cast to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by Inca or by the terns of any applicable womanly provided by the Seller aficr 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 good by the Purchaser sha11 not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase older. the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wam ttics 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 Purchaser may 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 qumairics originally ordered in the speeificatiorus Or drovings, by verbal or written change oiler. If any such change affects the amount due or the time ofperfomance hereunder, an equitable adjustment shall be made. fi. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the grad then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated pmfits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Scllcr with respect to any goods which are the Scllers standard stock. No such termination shall relieve the Purchaser Or the Seller of any of their obligations as to any goods delivered hcrcander. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days farm the date the change or movinatinn is odcred. R. COMPLIANCE WITH LAW. The Seller warrants that all goads sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations in which the goods are 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 arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser is a result of the Sellcrs failure to comply with such Inv. 9. ASSIGNMENT. Neither parry shall assign. transfer, or convey this odcr, or any monies due or to become due hereunder without the prior written consent of the other parry. 10. TITLE. The Seller warrants full, clear aad unrestricted title to the Purchaser fat all equipment materials and items furnished in Performance of this agreement free and clear of any and all liens restrictions, macreations, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, omeers and employees ofsuch party. The Seller's eontuo u d obligations, including wammy, shall not be deemed to be reduced, in any way, because such work is performed or caused to be perforated 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 save harmless 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 ofsuch infringement at any time during the prosecution or a0er the completion of the work. In case said equipment. or any pan thereof or the intended use of the 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 porcine for the Purchaser the right to continue using said equipment or parts, replace the came 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 baneful of creditors, appoint a receiver or tmsta for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofterms used or the interpretation ofthc agreement and the rights ofall panics hereunder shall be consumed under and gmemed by the laws 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 Sellcrs Rcpnescmative(s), ern the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at SCIIcns 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 Seller's final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment arc furnished by others for installation or erection by the Seiler. the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such mntcrials and/or equipment were being furnished by the Seller under the order. 19. INSURANCE. The SCller shall, at his own expense, provide for the payment of workers 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 laws of the state in which the work is to be done The Seiler 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 (cast S300.000 for any one enon. 5500.000 for any one accident and property damage limit per accident of S400,(1(l0. The Seller shall likewise reclaim his contractors, if tiny. to provide for such compensation and insurance. Before any of the Sellers or his contactors employees shall do any work upon the premises of others, the Seller shall famish the 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 date when such compensation and insurance expires. The Seller agrees Ihnt such compensation and insurance shall be maintained until aficr the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and linbility Firmly and all damage, loss or injury ofany kind or nature whatsoever to persons or property caused by or resulting from the c.,cculimi of the work provided for in this purchase order or in connection herewith. The Seiler will indemnify and hold harmless the Parchascr 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 act, action, neglect. omission or default on the pan of the Scllcr, any of fiia contractors, or any of the Scllers or contractors officers, agents or employces. In case any suit or other proceedings 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 o ficcm. agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the sumc m the Sellers own expense, to pay any and all costs. charges, attorneys fees and other expenses. any and all judgments that mov be incurred he 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 suits or other proceedings, the Seller will at once cause the same to he dissolved and discharged by giving bond or otherwise. The Seller and his contactors shall take all safer, precautions, Finnish and install all guards necessary for the ptcwcation 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 futon tit Ihercto. Revised OM2010