Loading...
HomeMy WebLinkAbout113024 MCCANDLESS TRUCK CENTER LLC - PURCHASE ORDER - 9122046City of wort Collins Date: 04/10/2012 PURCHASE ORDER Vendor: 113024 MCCANDLESS TRUCK CENTER LLC 16704 E 32ND AVE AURORA Colorado 80011 PO Number Page 9122046 tof This number must appear on all invoices, packing slips and labels. Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS Colorado 80524 Delivery Date: 04/10/2012 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 1 each - 2012 INTERNATIONAL 7500 SFA 1 LOT LS 6x4 GVWR 60,000;144" CA. PER APRIL 4, 2012 SPEC QUOTE. Dept: Streets Deliver unit & title documents to: Fleet Main Shop, 835 Wood Street, Fort Collins unless alternate arrangements are coordinated with Fleet personnel. c3. 0✓�2� 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 100, 329.00 Total Invoice Address: 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 from state and local tries. Our E, ,Tuption Nunhher is 11. NON WAIVER. ral Exersc 98-04502. FedeTax Exemption Ccnifiemtc of Registry 84-6000597 is registered with the Collector of Fnihuc of the Purchaser to insigl upon strict performance of terms and conditions hereof. failtue or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Sulam, 1073. Chapter 30.26. 114 (a), exercise any rights or remedies provided herein or by law, failure to promptly notify the Sctler in the event M a bmaeh. The acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to men specifications, either when shipped or due to defects of any of the wam. ntics Or obligations of this purchase order and shall for he deemed a waiver of any right of the damage in transit, may be returned to vnu for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance herenfor any nfits rights or remedies as to any such goods. regardless imtmetimc turn, the Cirv_ of Pen 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 purchase enlar by the Pumhaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Fen Collins inspection no arrival. bom f. Final Acceptance. Receipt of the merchandise. services or equipment in response to this order can result in 12. ASSIGNMENT OI' ANTITRUST CLAIMS. nuthorimd payment no the pan of the City of Fort Collins. However. it is In he understood that FINAL Seller and The Purchnscr recognize that in actual economic practice, overcharges resulting form antitrust ACCEPTANCE is dependent upon completion ofnll applicable rcgaimd inspection proccdnres. violations are in fact hurne he The Purchnscr. I'herenfore, for good cause and as snnnidcaaam for csauling this purchase Order, the Scllcr hereby assigns In the Purchaser am, and all chins it may no, have or hercnfier Freight Terms. Shipments must be F.O.H., City of Fort Collins, 700 Weal St., Fort Collins, CO 90522. unless acquired under federal nr state amitmst Imes far such overcharges relating To The particular goods Or services mhenviw swrified on this order. If gem „inn is given to prepay freight and charge separately, the original freight purchased nr acquired by the Pumhascr pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. IS. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance Where manufactimrc have diaribtning points in various parts of the eoantry, shipment is Ifthe Purchaser directs The Scllcr to correct nonconforming or defective galls by a date to bcagrecd upon by the expected from the nearest distribution point to dosainatian, and excess freight will be deducted from Invoice when Purchaser and the Scllcr, and the Seller thereafter indicates its inability or unwillingness in comply. the Purchaser shipments arc made four greater distance. may cause The work to be performed by the most expeditions means mailable to it. all die Se11er shall pay all costs associated with such work. Permits. Seller shall procure, at sellers sole cost all necessary Tenons. certificates and licenses required by all applicable laws, regulations, ordinances and odes ofthe state. municipality. territory or rut ticil subdivision where the work is performed, or required by any other duly cnnztitmcd public authority having jmisdict inn over file work of vendor. Seller further agrees to hold the City of Fort Collins hamdess Imo and against all liability and loss incurred by them by reason Of on asserted Or established violation crony such laws, regulations. ordinances, mles and requirements, Amihorizetion. All panics to this contract agree that the rcpmscntatices are, in fact. born fide and possess full and complete maharity to bind said panics, LIMITATION OF TERMS. This Purchase Order cxprcaly limits acceptance to the terms and conditions stated herein set forth wad any supplementary or additional terms and conditions annexed herein or incorporated herein by reference. Any a lditinual ordifferent terms and eonditinre pmpnsed by seller ore ohjeeted m and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT mm¢dintdy if you cannot make complete shipment to arrive on your Tries d delivery, date as noted. Time is of the essence. Delivery and performance must he effected within the Time ,rated oa the purchase order and the documents attached hereto. No acts of the Purchasers including, withnut limitation, acceptance of partial late deliveries, shall operate as a waiver orthis provision. In the event firmly delay, the Purchaser shall have, in addition to the, legal and equitable remedies, the option of placing this order elsewhere and holding the Scllcr liable for damages. However, the Seller shall not be liable for damages as a result of delays d c to causes not reasonably foreseeable which are beyond its resemble control and without its fault of negligence. .such acts of Cod. acts ofeivil or military authorities, govcromwa al priorities fires. strikes flood, epidemics, wars or riots provided that notice Of the condition, causing such delay is given to the Pumhascr within five (5) days of The time when the Scllcr first reccivcd 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 Seiler aamnts that all good. articles materials and work covered by This order will conform with applicable dial specifications, sample, anchor other descriptions gi% r. will be Fitt for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standard for work of a similar nature. The Seller agrees to hold The purchaser harmless from any loss, damage or expense which the Purchaser may sutler or incur on account of the Sellers breach oform. my. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or fault arising within one (I ) year or within such longer period OI time as may be prescribed by law or by the terms utterly applicable warranty pmvidcd by The Seller after the date Of acceptance ofthe goods furnished hereunder (acceptance not to be mnreesonahly delayed), resulting from imperfect or defective work done or materials fmished by The Seller. Acceptance er use of grads by The Purchaser shall not constitute a waiver orally claim under this ,arm am. Esecpt ns otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all droners pmsimmely caused by the breach of nnv of The Foregoing warm or guamniccs, but such liability shall in no event include Inns of profits Or loss Of use. NO IMPLIED WARRAN I OR MERCHANTABILH-V 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 addilinas TO Or deldinns firm the gumatili,, originally entered in the specifications or drawings, by verbal Or .mitten change order. If any such change affcck the amount due or the time of perrommnce hereunder, as equitable adjustment shall be made. 6. TERMINATIONS. The Purchnscr may at any time by written change order, teminme this ageemenl as to any or all portions of the goals then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in progress provided that the Parch.aser shall not be liable for any claims for anticipated profits on the uncompleted ponino Ofthe goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such termination shall alieve the Purchaser or the Seller array ofthcir obligations as to any goods ddiyered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment mast he asserted within thirty (30) trays from the date the change or termination is ordered_ A. COMPLIANCE WITH LAW. The Seller warrants That all good sold hounder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the good are subject. The Seller .shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations rcgnircd to he incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harm Foss from all costs and damages suffered by the Punchaser 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 dire or to heenme title hereunder without fc print written consent ofthe other party. 10. TITLE. The Seller wamn6 full, clear and unrestricted title to the Purchnscr for all equipment, mntcrialS, and items famished in perfomanee of this agreement free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. I'hc Seller shall "lase the Purchnscr and its contractors of any lien from all liability and claims of env nahnc instilling from the performance nLwmh work. This release shall apply even in the event of fault of negligence of the Party Telcnsed and shall extend it, the directors, offices and employee, of such parry. The Seller's contactual obligations, including mammy, shall not he damcd to he reduced, in any way, because ,rich work is perfnmutl of caused to be Performed by the Puchacer. 14. PATENTS. Whenever the Seller is required to use any design, device. n%aterial or pro... covered by letter, parent, Irndemmk Or copyright, The Seller shall indemnify and save harmless the Purchaser from any and all claims for infnnpcmenl by reason of the use of such amended design, device. material nr process in connection , of the contract, and shall indemnify the Pucbaser for any coat rpcnse Or dan%ago which it may be obliged to pm' by reason of,aeh infringement at any time during the prosecution or after the completion Of the work. In caw said equipment, or any part thereof or the intended use of the goods, is in such suit held to conmimde infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Pamha,cr the right In continue using said equipment or pans replace the same will% substantially equal bur nnninfringing equipment. of malify it an it becomes noninfringing. 15, INSOLVENCY. If the Seller shall become in,.Wcat or benkmpt, make in assignment for the benefit of creditors, appoint a m,e i,cr nr Image for any of the Sellers pmpeny, or business, this order may fnrtlwith he emccicd by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terns used or The interpretation of the agreement and the rights of all parties hereunder shall be mnstmed under and governed by the laws of file State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perfmi ond. heran,dcr. including the sen'icc% of Sellers Rermsemative(s), on the picmises of othat,, 17. SELLERS RESPONSIBILITY. The Seller shall entry oar said work rid Shccrs Own risk Limit the same is fully completed and accepted, and shall, 'n case of any accident. destruction or injury to the work and/or mnderia is befnte Scilery final comp In inn and .acceptance, complete the work it Seller's own es perec and to the satisfaction of the Purchnscr. When mmerin is and equipment are furnished by others for installation or erection by the Seller, the Seller shall recciwe unload, Time and handle same at The site and become responsible Therefor as though such materials anchor cquipmcnt were being fumi,hcd by The Seller under the order. IS. INSUR ANCE. The Set let shalL at his men expense. provide for The payment Of workers compcnsat inn. including occupat inal disease benefits, to its employees employed On Orin connection with the work covered by this purchase order. and/or in their dependents in accordance .with the laws of the state in which The work is to be done The Seller shall also tarty compmheocive general liability including, but not limited to, contractual and automobile lathe iahility in.atmncc with balily injury and dcmh linnit, ofm least S300.000 for any One person. S500,000 for vny one accident and property dinrnge limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to pre"i c for such compensation and insurance Beforemv rofthe Sellers or his contractZ, employees shall do any work upon the prcmiks of others, the Scllcr shall furnish The NO haver with a certificate that such compensation wad insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been presided. Such certificates shall specify the dam when such enmpencmion and insurance evures. The Seller agrees that such compensitinn and insurance shall he maintained until aficr the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller herchy assume, the entire re,pon,ihility and liability for any and all dan%age, loss or injury of any kind Or nature whmsnever In person,%or property caused by of resulting from the execution of the work provided for in this parcha,c order or in Connection herewith. The Scllcr will indemnify and hold hmmless the Purchaser and any or rill of the Purchase, officers, agents and ci plovecs from and against any and all claims, roses, damages charges or expenses %vhether direct or indirect, and whether to persons nr pmpeny to which the Purchnscr may he put or subject by reason of any act, action, neglect, omission or default on the part of the Serer. any of his contractors. or any of the Sellers or contractors nffittrs. agents or employees. In case any suit or other proceedings shall be hmnght against the Purchaser. or its officers, agents or employees at any time on account Or by reason of any act. netion, neglect, omission or default Of the Seller of any of his contractor, Of rnv of its or their nRecm, agents or employees as aforesaid. the Seller hereby agrees to assume The defense thereof and to defend the same at the Shccrs own expense, to Pay any and all costs, charges, final fees and other expense. any and nil judgments that may he incurred by or obtained ag ust the Purcbaser or any Of its or their oIT¢crs, agents or employees in such suits Or other pocadings, and in caw jinfignican or other lien he placed upon Or Obtained against the property of the 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 disolred and dischmgcd by giving bond Or ollwm'isc. The Seller and his enntramors shall lake all safety precautions. Finnish and instill all guards necessary for the prevention of accidents, comply with all laws and republicans with regard to saftyy including, but without limitation. the Occupational Safety and Health Act of 1970 and all rules and reguations issued Tu rsurat Iheretn. Revised BV2010