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HomeMy WebLinkAbout332904 JAG'S ENTERPRISES - PURCHASE ORDER - 9114265City of Fort Collins Date: 03/2712012 Vendor: 332904 JAG'S ENTERPRISES 7951 WEST 28TH ST GREELEY Colorado 80634 PURCHASE ORDER PO Number Page 9114265r 1of2 rhi:numbermustapearllinvoices, packis and labels. Ship To: TRANSFORT BUS FACILITY CITY OF FORT COLLINS 6570 FORTNER ROAD CITY OF FORT COLLINS Colorado Delivery Date: 07/21/2011 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM. Unit Price Extended Ordered Price 2 Change Order 2 1 LOT EA 1,013.43 Total $1.013.43 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill 11, 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 Purchasc Order Terris 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. 95-04502. Federal Excise Tax Excerption Certificate of Registry 84-60100587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the hems and conditions hereof, failure or delay to Internal Revenue. Denver, Colorado (Ref. Colorado Revised Shamms 1973. Chapter 39-26. 114 (a), exercise any rights or remedies provided herein or by law, failure to pmntptly notify the Seller in the cvem of a breach, the acceptance of or payment for goods hereunder or approval of thc design, shall not release the Sclleri f Goods Rejected. GOODS REJECTED due to failure In meinspecifications, either when shipped at due to defects of any of the wamntics or obligations of this purchase order and shall not be deemed a waiver of any tight of the damage in transit, may be rearmed to you for credit and arc not to be replaced except upon reecipt of written purchnscr to insist upon strict performance hmefor any of its rights or remedies as to any such goods, regardless instruction, farm the City of Fort Collins. of when shipped, received of accepted, as to any prior or subsequent default hereunder, nor shall any pnrponed awl mnlification or rescission of this purchase order by the Parohascr operate as a wnocr of any of the teens Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. Immal" 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. Howxva, it is to be understood that FINAL Seller and the Purchnscr recognize (lint in actual economic practice, overcharges restdling from antimtst ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact bore by the Purchaser, Theretofore, for good cause and as consideration for executing this purchase enter. the Seller hereby assigns to the Purchaser any and all claims it may now have or hcmaflcr Freight Terms. Shipments most be F.O.B.. City of Von Collins, 7W Wood St.. Fort Collins, CO 80522. unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services mhcnvisc .specified on this order. If pcmtission is given to prepay freight and charge scpammly, the original freight purchased or acquired by the Pnrchascr pursuant to this purchase ordl bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing Points in various parts of the country, shipment is lithe Purchnscr directs the Seller to correct nonconforming or defective good by a date to be agreed upon by the expected from the ncanit distribution paint to destination, and excess freight will be deducted From Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to cnmply, the Purchaser shipments arc made from greater distance. may cause the work to be performed by the most expeditious means available to it, and the Sd1cr shall pay all costs associated with such work. Permits. Scllcr shall procure at sellers sole cost all necessary permits, certificates and licenses tequired by all applicablc laws, regulations, ordinances and rules of the state municipality, territory or political subdivision where the work is perfumed. or required by any other duly constituted public mat only 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 laws, regulations, onlinnnces, rules and requirements. Authorization. All panics to this contract agree that the miumsamativcs arc, in fact bona Ede and possess full and complete authority to 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 terms and conditions annexed hereto or incorpomtcd herein by reference. Any additional or different tans and conditions pmpnsed by seller arc objected to and hereby rcjectedl. 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 the 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 w'niver oflhis prevision. In the event of any delay, the Purchnscr shall have, in addition to other legal and equitable remedies. the option ofplacing this order elsewhere and holding the Scllcr liable for damages. However. the Scllcr shall not be liable for damages as a result of delays due In causes not reasonably foreseeable which arc beyond its reasonable control and without its fault ofneglgenee, such acts of God, acts ofcivil or military authorities. Covemnwntal prinrities, fires, strikes. Bond, epidemics, sears or riots pmvidcd that entice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Scllct first received knowledge thereof. In the event of any such delay, the date of delivery shall he extended for the period equal to the time actually lost by reason ofthe delay. 3.WARRANTY. The Scllcr wamnty that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will he fit for the purposes intended, and perforated with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Scllcr agrees to hold the purchaser harmless fmm tiny loss, damage or expense which the Pamhas'cr may suffer or incur on account of the Scllcrs breach of wmmnty. The Scllcr shall replace repairer make geld, without cat to the purchnscr, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the hems array applicable wamnty provided by the Scllcr after the date of acceptance of the good famished hereunder (acceptance not to he unreasonably delayed), resulting from impedes, or dmfcetivc work drum or materials furnished by the Scllcr. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as othcm iw pmvidcd in this purchase order, the Sellers liability hceea der shall extend to all damages pmximatcly caused by the breach of any of the foregoing wamntics or gaamntccs, but such liability shall in no event include loss of Perlin, of loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANCES 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 (ems, other than legal terms, including additions to or deletions front the quantities originally ordered in the specifications or drawings, by %ethal or written change enter. If any .such change affects the amount due or the time ofperromtance hereunder, an equitable adjustment shall be made. b. TERM INATIONS. The Purchaser may at any time by written change order. mouinam this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment bdwccn the parties as to any work or materials then in progress pmvidcd that the Purchnscr 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 of the Scllcr with respect to any good which are the Scllcrs standard stock. No such termination shall relieve the Purchasc, or the Scllcr of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days form the date the change or termination is i dcred. R. COMPLIANCE WITH LAW. The Scllcr wamnty that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable Imes and regulations to which the goods are subject. The Seller shall execute and deliver such documents ns may be rcquiecd to effect or evidence compliance All laws and regulations required to be incorpomkd in agreements of this character arc hereby ineorpemted herein by this reference. The Scllcr agrees to indemnify and hold the Purchaser harmless from all cost and damages suffered by the Pomhawr as a result of the Sellers failure no comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, many ninnies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Seiler warrants full, clear and unrestricted title to the Puahascr for all equipment. materials, and items furnished in performance of this agreement free and clear of any and all liens, restrictions, rescmations, security interest encumbrances end claims of others. The Scllcr shall release the Purchaser and its contmates of any tier fmm all liability and claims of any nature resulting fmm the performance of such work. This rdeasc shall apply even in the event of fault of negligence of The parry released and shall extend to 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 performed or caused to be perfomM by the Purchaser. 14. PATENTS. Whenever the Scllcr is required to use any design, device, material or process covered by letter, patent, trademark or copyright the Scllcr shall indemnify and save hamdess the Purchaser fmm anv 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 ofsach infdngcment at any time during the pmsceution or mler 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 mid cquipownt or pan is enjoined, the Scllcr shall, at its own cxpcac and at its option, either pmennc for the Purchawr the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Scllcr shall become insolvent or bankrupt, make as assignment far the benefit of creditors, apprim ti receiver or trustee for any of the Scllcrs property or business, this order may fonhwilh be canceled by the Purchaser withmn liability. 16. GOVERNING LAW. The definitions fterms used or the interpretation of (he agreement and the rights of all panics hereunder still be construed under and governed by The Imes of hhc State of Colomdo, USA. The following Additional Conditions apply only in eases where the Scllcr is to perform work hereunder, including the scrviee%of Scllcrs Representative(,). on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Scllcr shall tarty on said work at Seller's own risk until the same is fully completed and accepted, and shall. in caw of any accident, destruction or injury to The work and/or materials before Seller's final completion and acceptance, complete the work at Sclier:s own expense and to the satisfaction of the Pumhawr. When materials and equipment arc furnished by others for installation or erection by the Seller, The Scllcr shall receive unload. store and handle same at the site and become responsible timid ar as though such materials and/or cgripmcnt were being furnished by the Scllcr under the order. IS. INSURANCE. The Scllcr shall, at his corn expense, pnidc for the payment of workers compensation, including occupational disease benefits, to its cnmployccs employed ern 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 Scllcr stall else carry comprehensive general liability including, but not limited To, contractual and automobile public liability insurance With bodily injury, and denlh limits of nt (cast 5300,000 for any one person. S500,000 for any one accident and property damage limit per accident of $400,000. The Scllcr shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the, Sellers or his contractors employees shall do any work upon The prcmiscs ofothcrs, The Scllct shall famish the Purchaser with a certificate lhat such compensation and insurance have been pmvidcd. Such ecnificmes slmll specify the date when such compensation and insurance have horn provided. Such eenificnics shall specify The date rvhcn such compensation and insurance expires. The Scllcr agrees that such compensation and insurance shall be maintained Land a0cr the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Scllcr hereby assumes the entire responsibility and liability for any and all damage. lees or inlury aftaw kind or nature w'hntsecver to persons or property caused by or resulting form the execution ofthe work provided for in This purchase oderor in cannmina herewith. The Sclle, will indemnify and hold (notes. the Purchaser sad any ar all of the Purchasers ofTeas, agents and employees fmm and against any and all claims, losses, damages. charges or expenses, whether direct or indirect and whether to persons or property To which the Parchawr cony be put or subject by reason of any act action, neglect omission or default on the pan of the Scllct any of his contraemrs, or any of the Scllcrs or contractors olTiccm. agents or employees. In case any suit or other pmcccdings shall be brought against the Purchaser. or its officers, agents or employees at any time on account or by reason of any at, action, neglect omission or dcfnult of the Scllcr of any of his contexclers or any of its or their officers, agents or employees as iforesrid. the Scllcr hereby agrees to assume The defense Hereof and In defend the same at the Sellers own expense, to pay any rnd all costs, charges, attomcys fee% and other expenses any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their office¢. agents or employees in such snits or other prcccdings, and in caw judgment or other lien be placed upon or obtained against the prep" of the Parchasca or said panics in erns a result ofsuch suits malice pmcccdings. the Scllcr will at once wow the same to be dissolved and discharged by giving bond or otherwise. The Scllcr and his contractors shall take all safety precautions, fiumish and install all gun ds accessary for The prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Actor 1970 and all rates and regulations issued pursuant thereto. Revised 03/2010