Loading...
HomeMy WebLinkAbout108939 L L JOHNSON DIST CO - PURCHASE ORDER - 9121800City of For_t Collins Date: 03/27/2012 Vendor: 108939 L L JOHNSON DIST CO 4700 HOLLY ST DENVER Colorado 80216-6410 PURCHASE ORDER PO Number Page 9121800 1of2 This number must appear on all invoices, packing slips and labels. Ship To: PARK MAINTENANCE CITY OF FORT COLLINS 413 S BRYAN FORT COLLINS Colorado 80521 OAS ID h b IA Delivery Date: 03/27/2012 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price I Toro Workman MDE with all options per quote dated 3-7-12, Attn: Tim Bullard Dept: Parks/DDA Deliver unit to: Fleet Main Shop, 835 Wood Street, Fort Collins 970-221-6613 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: 10,731.00 $10,737.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIALDFTAILS. Tax exemptions. By Statute the City of Fort Collins is exempt from state and local &uses. Our Exemption Number is 11. NONWAIVER, 99-04502. Federal Excise Tax Exemption Certificate of Registry 94-6000597 is registered with the Collector of Failure of the Purchaser In insist upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue. Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26. 114 to). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the cxcnt of a breach, the acceptance of or payment for goods hereunder or approval ofthe design. shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet Specifications, either when shipped or due to defects of any of the warranties or obligations of this purchax order and shall not be deemed a waiver arrive right of the damage in transit, may be remained to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance hercefor any ofin, rights or remedies as to anv 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 modification or rescission of this inomb uxe order by the Purchaser operate as a waiver of any of the torn,, Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance Reccipt 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 be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitmst ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. -. 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 Purchascr any and all claims it pry now have or hereafter Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 90522, unless acquired under federal or state antitmst Imes for such overcharges minting 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 or acquired by the Purchaser pueamat 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 manufacturers have distributing points in various parts 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 Seller, and the SCl let therafer indicates its inability or umvill ingress to comply, the Purchaser shipments arc made from greater distance. may cause the work to be pcfomed by the most expeditious means available to it and the Seller shall pay all costs associated with such cork. Permit& 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 performed, or required by any other duly constituted public authority having jurisdiction over the work of vender. 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, regulations, ordinances, roles and requirements. Aothodzation. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the toms and conditions stated herein set forth wad any Supplementary or additional tans 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 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 doetowntx attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver ofthis prevision. In the event array delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. However, the Scllcr xhall 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 ofnegligence, such acts of God, acts ofcivil or military authorities, governmental priorities, fires, sttikcs, flood, epidemics, wars or riots provided that notice of the conditions causing Such delay is given to the Purchascr within five (5) days of the time when the Seller first received 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 ofihe delay. 3. WARRANTY. The Seller warrants that all goods, 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 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 (mm any less, damage or expense which the Purchaser may suffer or incur on account ofthe Sellers breach orwamnty. The Scllcr shall replace, repair or makc good, without cost to the punhascr, any defects or faults arising within one (1) year or within such longer period of time as maybe proscribed by law or by the toms of any applicable warranty provided by the Seller after 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 Scllcr. Acceptance arose of goods by the Purchaser shall not constitute a waiver crony claim under this warranty. Except as otherwise provided in this purchase order,the Sellers liability hereunder shall extend real[ damages proximately caused by the breach ofany of the foregoing warranties or guarantees, but such liability shall in an event include loss of profits or 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 toms, other than legal terms, including additions to or deletions from the quantities originally ordered in the Specifications or drawings, by verbal or written change order. If any such chance affects the amount due or the time efpmfomunce hereunder, an equitable adjustment shall be made. b. 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 adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims far anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment he made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller crony of their obligations as to any goods delivered Immunder. 7, CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seiler wepnts that all goods sold hercmndcr shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliver such documents us may be required to effect or 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 Purchaser hapless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 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 ofthe other parts. 10. TITLE. The Seller wamnts full, creatural unrestricted title to the Purchaser for all cquipmcnt, materials, and items famished in perfomnnec of this agreement, free and clear of any and all liens, restrictions reservations. ,security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of nay 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 ncgligenco of the party released and shall extend to the directors, o@ecrs and employees cfaeh 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 performed by the Purchascr. 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 harmless the Purchascr 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 indemnifv the Patch., for any cost expense or damage which it may be obliged to pay by reason of such infringement at any time during the presccution or after the completion of the work. In case Said cquipmcnt. or any part thereof or the intended use ofthe 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 procure for the Purchaser the right to canonic using said equipment or parts, replace the Same with substantially equal but noninfringing cquipmcnt, or modify it so it becomes noninfringing. 15.INSOLVENCY. If the Seiler shall become insolvent or benkmpt nuke an assignment for the beacfit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. Ib. GOVERNING LAW. The definitions oftems used or the interpretation ofthc agreement and the rights ofall parties hereunder shall be construed under and governed by the Imes ofthe State of Colorado. USA. The following Additional Conditions apply only in eases where the Seller is to perform .cork hereunder. including the services of Sellers Repmsentato"I't, on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on suid work at Seller., 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 Scllcrs own expense and to the Satisfaction of the Purchaser. When materials and equipment arc finished by others for installation or erection by the Seller, the Seiler shall receive, unload. store and handle same at the site and become responsible therefor as though such materials and/or cquipmcnt were being furnished by the Seller under the order. 18. INSURANCE. The Seller shall. at his own expense. provide for the payment of %vorkem compensation, including occupational disease benefits, to its employees employed on of in connection with the work covered by this purchase order, and/or to their dependents in accordance wills 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 puhlic liability insurance .with bodily injury and death limits of at ]cast "00.000 for any one person, $500,000 for eny one accident and property damage limit per accident of S400,000. The Seller 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 premises of othcts, the Seller shall furnish the Purchascr 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 Seller agrees that such conmpensation and insurance shall be maintained until ancr the 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 whatsoever to persons or property mused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seiler will indemnify and hold hapless the Purchaser and any or all of the Purchasers officers. agents and employees fmm and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons of property to which the Purchaser may be put or subject by reason of any act. refer, neglect, omission or default ou the part of the Scllcr, any of his contractors, nr any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its effects, agents or employees at any time on recount 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 aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their o@cem, agents or employees in Such suits or other proceedings, and in caw judgment or other lien be placed open or obtained against the property ofthe Purchaser, or said parties in or as a result of such suits or other proceedings, the Seller will at once cause the same to 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 laws and mpilations with regard to safety including, but without lamination, the Occupational Safety and Health Act of 1970 and all mlcs and regulations issued pursuant doomm. Revised 03/2010