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HomeMy WebLinkAbout111402 POWER EQUIPMENT COMPANY - PURCHASE ORDER - 9121478PURCHASE ORDER 912147er Page PO City Of 121478 `t This number must appear Collins1 on all invoices, packing slips and labels. Date: 03/13/2012 Vendor: 111402 POWER EQUIPMENT COMPANY PO BOX 28 DENVER Colorado 80201-0028 Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS Colorado 80521 Delivery Date: 03/13/2012 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Replace Tracks - #32013 C3. O✓l::aQ /� 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 1 LOT LS Total Invoice Address: 26,906.05 $26,906.05 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIALDETAII.S. Tax exemptions. By statute the City of Fort Collins is exempt fmm state and IOea1 taxes. Our Eacmptinn Number is 11. NONWAIVER. 98-M502. federal Excise Tax Exemption Certificate of Registry 84-("587 is registered with the Collector of Failure of the Purchaser to insist upon strict perfnmmanec of the terms and conditions hereof. failnrc or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (r). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of n branch, the neceptnnec ofor payment for goods hereunder or approval of the design, shall not release the Seller Of Goods Rejected. GOODS REJECTED due to failure to meet specifeatinns, either when shipped or due to defocus of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be rctumed to ynu for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance hcrcofor any of its rights or remedies as to nny such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modifiention or mscissinu of this purchase order by the Purchaser operum as a waiver of any of the terms Inspeetina. GOODS am subject to the City of Fort Collins inspection on nonval. 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 pan of the City of Four Collins, Ilnwrver, it is to be understand that FINAL Seller and the Pumhamr recognize that in actual economic practice overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspeelion procedures, violations are in fact borne 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 hercaficr Freight Terms. Shipments must be F.O.B.. City of Fort Collins, 700 Wood St.. Fern Collins. CO R0522, unless required under federal or state antitrust laws for such overcharges relating to the pnnieular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. hill must accompany invoice. Additional charges for packing will not he accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufactumm have distributing points in various parts of the country, shipment is If the Purchaser directs the Seller to correct nnuconfnrming or defective goods by a date to he agreed upon by the expected from the nearest distribution point to destination. and excess freight will be deducted front Invoice when Purchaser and the Scllcr, and the Seller thereafter indicates its inability or unwillingness to comply. the Purchaser shipments arc made from greater distance, cony cause the work to be perfommod by the most expeditious means available to it, and the Seller .shall pay all costs associated with such work. Permits. Seller shall procure at sellers 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 perforated, 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 hamlets from and against all liability and loss incurred by them by reason of an asserted or established violation Many such Imes, 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 anthonry to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated bona, sd forth and any supplementary Or additional terms and conditions annexed heron 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 ran your premised delivery date as noted. Time is ofthe essence. Delivery and performance must he effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpanial late deliveries, shall operate ns a waiver ofthis prevision. In the event of nny delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seiler 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 Mnegligence, such acts of God, acts ofeivil or military authorities, gn%, mmcntal priorities, fires, strikes, flood, 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 first received knowledge thereof. In the event of any such delay, the date of dclivcry shall he extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrant., that all goods, anicles. materials and work covered by this order will conform with applicable drawings, specifeatinns, samples and/or other descriptions given, will be fit for the purposes intended, and performed 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 farm any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach ofwarranty. The Seller shall replace, repair or make grand, without cost to the purchaser. any defects or faults arising within one (1) year or within such longer period of time as may he pmsenbcd by law or by the terms of any applicable warranty pmvidcd by the Seller a0cr the date M acceptance of the goods furnished hereunder (acceptance not to he unreasonably delayed), resulting front imperfect or defective work done or materials fumished by the Seiler. Acceptance or use of goodsi by the Pumhascr shall not constitute a waiver ofany claim under this warranty. Except as otherwise pmvidcd in this purchase order. the Sellers liability hereunder shall extend to all damages proximately cau cd by the breach ofany of the fmcgofng ammunfcs, 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 cony make changes to legal terns 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 ordered in the specifications or drawing.,, by verbal or written change order. If any such change affects the amount due or the time of performance 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 goods then not shipped, subject to nny equitable adjustment between the panics as to any work or ninterials 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 ndjustntcut he made in favor of the Seller with respect to any goods which are the Scllcrs standard stock. No each terminaion shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must he asserted within thirty (30) days fmm the date the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hemunder shall have been produced, mid. delivered and furnished in strict compliance with all applicable laws and regulations to which the goods am subject. The Seiler 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 Seiler agrees to indemnify and hold the Pumhascr harmless fmm all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such Inv. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller warrants full, clear rod unrestricted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement. free and clear of any and all liens, restrictions, reservations, security interest cncumbmnccs and claim of a thers. The Seller shall release the Purehascr and its contractors of any tier from all linhility and claims of any nature resulting from the performance ofsech work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, oBicen and employees Ofswh party. The Seller's eontrachsl obligations, including wam, my. shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. tVhcnever the Seller is required to use any design, device, material or proem covered by hence. patent, trademark or copyright the Seller shall indemnify and save harmless the Purchaser fmm any and all claims for infringement by mason of the use of such patented design, device, material or process in connection with the contract, and shall indcmnify the Puwhaser 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 alter 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 m Constitute infringement and the use Of said equipment or pan is enjoined, The Seiler shall, at its own expense and at it, oplion, either procure for the Purchaser the right to continue using said equipment or parts, replace the same with suhsmntially equal but noninfringing equipment, or modify it so it becon¢s noninfringing. 15ANSOLVENCY. If the Seiler shall become insolvent or bard mpt, make an assignment for the benefit of creditors, appoint a receiver or tnence for any of the Sellers property or business. this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation ofthc agreement and the rights ofz11 panics hereunder shall be construed undo and gm'emed 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 Sellers Reprcsentativc(s), On the premises Ofothco. 17. SELLERS RESPONSIBILITY. The Seiler shall carry 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 anchor 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 am furnished by others for installation or erection by the Seller, the Seller shall receive, unload. store and handle same at the site and become responsible themfor as though such materials and/or equipment were being furnished by the Scllcr under the order. 19. INSURANCE. The Seiler shall, al his own expense, provide for the payment of workers compensation, including Occupational di .... c bcncfls to its employees employed on or in connection with the work covered by this purchase order, and/or to their Icpcndcnts 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 insurance with bodily injury and death limits of at least 5300.000 for any one person. 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 pmvide Im.such conpemation and insurance. Before any of the Sellers or his contractors entployces shall do any work upon the premises ofnthem. the Seller shall furnish the Purchaser 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 Scllcr ugrccs that such compensatinn and insurance shall he maintained until after the entire work is completed and accepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire respnnsihility and liability for any and all damage, loss or injury of any kind or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this pureham order or in connection herewith. The Seller will indemnify and hold harmless the Pumhaser and any Or all of the Purchasers officers, agents and employccs fmm and against any and all claims, losses, damages, charges or expenses, whether direct or indirect. and whether to persons or pmpeny To which the Purchaser may be put or subjeel by reason of any net, action. neglect. omission or default on the pan of the Seller. any Of his contractors, or any of the Sellers or con", ctom officers, agents or employees. In case any suit or Other proceedings shall be brought against the Purchaser. or its officers, agent or employees at any time on account Or by reason of any act, action, neglect. omission or dcfmlt of the Seller of uny of his contractors or any of its or their officers, agents or employees as ifrremid. the Seiler hereby agrees to assume the defense thereof and to defend flee sanw it the Sellers own expense, to pry any and all costs, charges, attorneys fees and other capenscs, 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 cam judgment or other lien be placed open or obtained ngninst the pmpeny of the Purchaser, or said panics in or as a result of mch 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 contractors shall take all safety prccmnions, furnish and install all guards necessary for the prevention of accidents, comply with all Imes 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 thereto. Revised 0312010