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HomeMy WebLinkAbout106219 RITCHIE BROTHERS AUCTIONEERS INTERNTL - PURCHASE ORDER - 9121529City of art Collins Date: 03113/2012 PURCHASE ORDER PO Number Page 9121529 1 of 2 This number must appear on all invoices, packing slips and labels. Vendor: 106219 Ship To: FLEET SERVICES - MAIN SHOP RITCHIE BROTHERS AUCTIONEERS INTERNTL. CITY OF FORT COLLINS 4444 RITCHIE DR 835 WOOD ST LONGMONT Colorado 80504 FORT COLLINS Colorado 80521 Delivery Date: 03/13/2012 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Auction vehicles 1 LOT EA 60,000.00 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Ternls and Conditions Page 2 of 2 L COMMERCIAL DETAILS. Tax exempt inns. By statute the City of Fart Collins is exempt front state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000557 is registered wilh 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 remedies provided herein or by law, failure to promptly notify the Scllcr in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Scllcr of Goods Rejected GOODS REJECTED due to failure to meet specifications, either mhcn shipped or due to defects Of any of the wamntics or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be returned to you for credit and arc not to be replaced except upon receipt of wriucn purchaser to insist upon strict perfOmance hereoforany of its rights or remedies as to any such goods, regardless instructions from the City urban Collins, of when shipped, received or accepted. as funny prior or subsequent default hereunder, nor shall any purported and modification or rescission of this purchase order by the Purchaser operate as a maiver of any of the terms Inspection. GOODS are suhjeel to the City of Fort Collins inspection on arrival. hereof. Final Acceptance Receipt of the merchandise, services or equipment in respnnsc to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment On the pan of the City Of Fort Collins, Ilmvevcr, it is to he undsrstopd that FINAL Scllcr and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE, is dependent upon completion off]] applicable required inspection procedures. vinlations are in fact burns by the Purchaser. Theretofore, for good cmrsc and as consideration for executing this Purchase enter, the Scllcr hereby assigns to the Purchaser any and all claims it may now have or hercincr Freight Terms Shipments most be F.O.B., City of Fun Collins, 700 Wood St., Fort Collins, CO 90522. unless acgnirnl under federal or state antitrust laws far such overcharges relating to the particular goods or services othcmise specified on this order. If Permission is given to prepay (might 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. PURCI IASERS 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 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 Scllcr thereafter indicates its inability or unwillingness to comply. the Purchaser shipments arc made from greater distance. may cause the work to be perfomed by the most expeditious means available to it. and the Scllcr shall pay all costs associated with such work. Permits. Seller shall pmcurc at sellers sole cost all necessary remits, certificates and licenses required by all applicable lass, regulations, ordinances and rules of the state, municipality, territory or political subdivision w'herc the work is Performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Scllcr 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 Imrs, regulations, onlitumcm mlet and requirements. Aathoriv Lion. All panics to this contract agree that the representatives ore, in fact. Iona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tans and conditions stated herein set forth and any supplcmcnmry or additional terms and conditions annexed hereto 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 premised delivery date as noted. Time is ofthe 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 of partial late deliveries, shall operate as a waiver ofthis prevision. In the went Of any delay, the Parchascr sIm11 have, m addition to other legal and equitable remedies the option of Placing this order elsewhere and holding the Scllcr liable for damages. However, the Scllcr shall not he liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault ornegligence, such acts of God. acts ofcivil ar military authorities, governmental Priorities, fins, strikes. Bond epidemics, wars or riots provided that notice of the renditions causing such delay is given to the Purchaser within five (5) days of the time when the Scllcr first received knowledge thereof. In the event of any such delay, the date of dcl ivory shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this Order will confnm with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and perfomod with the highest degree 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 suffer or incur on account of the Seller breach of wamnty. The Scllcr shall replace, repair err make good, without cost to the parehaset any defects or faults arising within One (1) ycOr or within such longer period of time as may be pmscribed by law or by the terms ofany applicable warranty provided by the Seller nner 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 Scllcr. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warn my. Except as otherwise provided in this purchase order, theSellers liability hereunder shall extend to all damages proximately caused by the breach crafty of the foregoing warm noes or guarantees, but such liability shall in no event include loss ofpmfits 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. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the Isms, other than legal terms, including additions to or deletions fount the quantities originally onlcrcd in the specifications or dmmings, by verbal Or written change oNer. If any such change affects the amount due or the time ofperfomanee hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by wriucn 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 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 work, for incidental or consequential damages, and that no such adjustment be made in favor ofthe Scllcr with rcsPwt to any goods which am the Sellers standard stock. No ouch termination shall relieve the Purchaser Or the Scllcr of any o(their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be uscrtcd within shiny (30) days front the date the change or termination is onlcrcd. S. COMPLIANCE WITH LAW. The Scllcr warrants that all goods sold hereunder shall have been pmduced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods arc subject. The Scllcr shall execute and deliver such documents as may be required to elfin or evidence compliance All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference The Scllcr agrees to indemnify and hold the Purchaser hamiless from all costs and damages suffered by the Purchaser to, a result ofthe Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to became due hercunda without the poor written consent of the other party. 10. TITLE. The Scllcr warrants full, clear and unrestricted lithe to the Purchaser for all equipment, nolerials and items furnished in performance or this agreement, free and clear or any and all liens, restrictions, rescrvntions, security interest encumbrances and claims of others. The Scllcr shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance ofsueh work. This rdcasc shall apply even in the event of fault of negligence of the parry released and shall extend In the dimctom, oRcers and employees of such party, The Seller's conhactu d obligations, including mammy. shall not be deemed to be reduced, in any way. beeausc such work is perfomod or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use ony design, device, material or Process covered by letter. potent, trademark or copyright, the Scllcr shall indemnify and save harmless the Purchaser from any and all claims for infriagcmem 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 mason o(soch infringement at any time during the prosecution or after the completion ofthc work. In case said equipment, err any Pan thereof err the intended use of the goods, is in such snit held to constitute infringement and the rase of said equipment or part is enjoined, the Scllcr .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 noninfringing equipment, err modify it so it becomes amunBinging. 15. INSOLVENCY. If the Scllcr shall become insolvent or bnnkmpt, make an assignment for the benefit of creditors, appoint e receiver Or tmsrec for any of the Seders Property Of business this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The dcnnitions oftcros used or the interpretation ofthe agreement and the rights ofall parties hereunder shall be mnstnod under and governed by the Imrs ofthe State of Colorado, USA. The following Additional Conditions apply Only in cases where the Scllcr is to perform mark hereunder. including the sereices Of Scllcrs Reptescatolive(O. on the premises of others. 17. SELLERS RES PONS IfIILITY. The Seller shall carry on said work at Sellers man risk until the same is fully completed and accepted, and shall. in case of any accident. dIstnmtion or injury to the work and/or materials before Scllcrs final completion and acceptance, complete the work at Scllcrs turn expense and to the satisfaction of the Puchaser. When materials and equipment arc famished by others for installation or erection by the Seller, the Scllcr shall receive, unload, stare rand handle same at the site and become responzildc therefor as though such materials and/or equipment were being furnished by the Scllcr under the nnlcr. I R. INSURANCE. The Scllcr shall, at his own cxPense. provide for the payment o(markers 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 lams of the .state in which the mork is to be done. The Scllcr shall also carry comprehensive general liability including, but not limited to, eontnebral and automobile public liability insurance with hMihy injury and dcatb limit, of at Ica.t S300,000 for any one person, $50n.000 for any one accident and property damage limit per accident of $400.000. The Scllcr shall likcwisc require his contractors, irony. to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the prenimes ofothers. the Scllcr shall famish the Purchaser with a ect ificatc that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance hnve been provided. Such certificates shall specify the date when such compensation and insurance expires The Seller agrees that such compensation and insurance shall he maintained until after the entire work is completed and nccepted. - 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Scllcr hereby assumes the entire responsibility and liability for any and all damage. loss or injury afany kind or nature whatsoever to Persons or property mused by or msuhing (rem the execution ofthe work pmvidcd for in this purchase orderor in connection herewith. The Scllcr will indemnify and hold hamlets the Purchaser and any or all of the Purchasers otncem. agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct of indirect, and mhelher to persons or property to which the Purchaser may he pat or suhjcct by reason of any act, action, neglect, cousxion or default on the part of the Seller, any of his contractors, Or any of the Scllcr, or contractors officers, agents or employees. 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 con", coo, or any of its or their offmcm, agents or employees as afommid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Scllen own expense, to pay any and all costs, charges, attorneys fees and other espensm any and all judgment that may be incurred by or obtained against the Purchaser or any of its or their officers. agent or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property crib, Purchaser, or said panics in or as a ¢cult of such suits or other proceedings. the Scllcr will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Scllcr and his contractors shall take all safety precautions famish 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 amd health Act of I970 and all rules and mgutlations issued porsaint therctO. Revised 03/2010