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HomeMy WebLinkAbout498129 MAXEY TRAILER SALES - PURCHASE ORDER - 9122098PURCHASE ORDER PO Number Page City Of 9122098 ' of 2 `t This number must appear Collins1 on all invoices, packing slips and labels. Date: 04/11/2012 Vendor: 498129 Ship To: RECREATION DIVISION MAXEY TRAILER SALES CITY OF FORT COLLINS 1908 SE FRONTAGE RD 215 N MASON FORT COLLINS Colorado 80525 FORT COLLINS Colorado 80521 Delivery Date: 04/11/2012 Buyer: JAMES HUME N ote: Line Description Quantity Ordered UOM Unit Price Extended Price Big Tex 70CH-16 1 LOT LS 2,810.00 tandem axle trailer per quote dated 4-5-12, attn: Paul Dept: Farm Deliver trailer and title documents to: Fleet Main Shop, 835 Wood Street, Fort Collins, CO 221-6613 Total $2,810.00 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Ordcr Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort, Collins is cxcmpt farm sure and local laze. Our fxcmmin t Number is 11. NONWAI VER. 98-W502, Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, faihnc or delay to Internal Revenue, Dense, Colorado (Ref. Colorado Revised Statutes 1073. Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment far goods hereunder or approval o(Ihc 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 Iho 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 mitten purchaser to insist upon strict performance hereof orany of its rights or remedies as to any such goods, regardless instructions from the City arrant Collins of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purponed oral modification or rescission of this purchase order by the Purehnscr operate as a waiver ofany of the terms Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can melt in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins,. However. it is to be undo. hood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection pmenums, violations arc in fact borne by the Purchase, Theretofore, for good cause and as considemtin t for executing this purchase .,it,,, the Sc11er hereby assigns to the Purchaser in and e11 claims it may now have or hereafter Freight Tears. Shipments mush be F.O.B., City of Fort Collins, 700 Wood St.. Fort Collins. CO 80522, unless acquired under federal or state antitrust Imes for such overcharges relating 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 potation 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 manufcnrmrs have dishibuting points in various parts of the country, shipment is tribe Purchaser directs the Seller In correct nonconforming or defective goods by a date to be agreed upon by the expected fmm the nearest distribution point to destination, and excess freight will be deducted front Invoice when Purchaser and the Scllcr, and the Seiler thereafter indicates its inability or unwillingness to comply. the Purchaser shipments are made farm greater distance. may cause the work to be perfumed by the most expeditions means available to it, and the Seller shall pav all costs associated with such work. Permits. Scllcr shall pmeme at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and mlcs of the state. municipality. territory or political subdivision where the work is performed, or required by any other duly constituted public amhoriry having jurisdiction over the work of vendor. 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, ales and requirements. Authorization. All panics to this contract agree that the represcnutives arc. in fact, born fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the toms and conditions stated herein set forth and any supplcmcnrary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different toms 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 is noted. Time is of the essence. Delivery and performance must he effected within the time stated on the purcluasc order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance torrential late deliveries, shall operate as a waiver of this provision. 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 Seiler shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which am beyond its reasonable control and without its fault of negligence. such acts of God, aces ofeivil or military authorities. gm cmmenul priorities, fires, stokes. Rood, epidemics. wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within fire (5) days critic time when the Seller for received knowledge thereof. In the even crony such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason ofthe delay. 3.WARRANTY. *[he Seller warrants that all goods, aniotes, materials and work covered by this order will conform with applicable drawings. specifications, omplcs and/or other descriptions given, wi11 be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted stsndnrds for work of a similar nature. The Seller agrees to hold the purchaser harmless farm any loss, damage or expense which the purchaser may ,offer or incur on account critic Sellers breach of wamnty. The Seller shall replace, repair or make good, withrnn cost to the purchaser, anv defects or faults arising within am (I ) year or within such longer period of time as may be prescribed by law nr by the terms of any applicable worramy pmvided by the Seiler after the date of acceptance of the good furnished hereunder (aceeplmfcc not to be unreasonably delayed), resulting from imperfect or defective stork done or materials famished by the Seiler. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this wwmnty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wamatics or guam roes, 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 may make changes to legal terms by written change order. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the toms other than legal terms, including additions In or deletions front the mmine, originally ordered in the soccificarians or drawings, by verbal or written change order. If any such change affects the amount due or the time ofperfomancc hereunder, an equitable adjustment shall be made. h. 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 panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims far anticirsited profits on the uncompleted portion of the good 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 arc the Sellers standard stock. No such termination shall relieve the Purchaser nr the Seller ofany of their obligations as to any good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asened .within thirty (3)) days from the dare the change or termination is ordered. A. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced. sold. delivered and furnished in strict compliance with all applicable laws and regulations to which the grads are subject. The Seller 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 are hereby incorporated herein by this reference. The Seller agrees to indemnify sad hold the Purchaser harmless from all costs and damages suffered by the Purchaser is a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, many monies due or to become due hereunder without the prior written consent of the other party. 10. TIT LE. The Seller wamins full, clear and unrestricted title to the Pu¢Itaser for all equipment. materials and items furnished in performance of this agreement free and clear of any and all liens, restrictions, mscrwarirns, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nmurc resulting from the performance ofsuch work. This refnse shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, offecrs and employees of ouch party. The Seller's contractual obligations, including warranty, shall not he deemed to be reduced. in any way. because such work is performed or caused to be performed be the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process erected by levers patent. trademark or copyright, the Seller shall indemnify and save harmless the Purchaser 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 ,hull indemnify the Purchaser 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 ancr hhc completion of the work. In case said cquipnenl, or any part thereof or the intended use of the goods, is in such suit held Io Constitute infringement and the use of said equipment or pan 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 anninfringing equipment, or modify it so it becomes noninfringing. I5. INSOLVENCY. If the Seller shall become insolvent or bankrupt. make an assignment for the benefit of creditors, appoint a Neciver or more, for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. S The definitions of terms used or the interpretation ofthe ogrcement and the rights ofall parties hereunder shall be construed under and governed 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 Scllcrs Representative(,), on the premises of others. 17. Sr. LLERS RESPONS I B I LII'Y. The Seiler shall carry on said work at Seller's own risk out the s,me is fully completed and accepted, and shall. in case of any accident, destruction or injury to the work andlor materials before Seller's final completion and acceptance, complete the work at Scllcrs own expense and to the satisfaction of the Purchase, When rea criaN and equipment arc furnished by others for installation or erection by the Seller, the Scllcr shall receive, unhand, ,two and handle same at the ,he and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. 19. INSURANCE. The Seller,hdl. at his own expense, provide for the payment of w'orkcm compensation. including occupational disease herefihs, 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 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 (cast 5300.000 fur 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, irony. to provide for such compensation and insurance. Bcfre any of the Sellers or his contractors ,...player, shall do any work upon the fire... ises of other,, the Scllcr ,hall 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 contpensetion and insurance expires. The Scllcr ogress that such compensation and insurance shall be maintained until firer 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 efeny kind or nature whatsoever to persona or pmperty caused by or resulting front the execution of the work provided for in this purchase order or in connection herewith. The Seiler will indemnify and hold hnrmhess the Purchaser and any or nil 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 or property to which the Purchaser may he put or subject by reason of any act action, neglect. omission or default on the pan of the Scllcr, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any snit or other procccdings shall be brought against the Purchase, 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 contractors or any of its or their oRecrs, agents or employees ns aforesaid. the Seller hereby agrees to asume the defense thereof and to defend the same at the Sellers own expense. to pay any and all costs, charges, znomcys fees and other cxrenscs. any and all judgments that may be inctmd by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other procccdings, and in case judgment or other lien be placed upon or obtained against the property ofthc Purchaser, or said panics in or as a result of such suits at other proceedings. the Seller will at once cause the same to he dissolved and discharged by giving bond or otherwise. T'he Seiler and his contractors shall take all safety precautions. furnish and install all guards necessary for the prevention of accidents comply with all lure, and regulations with regard to safety including, but without limitation, the Occupational Sefetyand Health Act of 1970 mid all mhos and regulations issued pursuant therein. Revised (0/2010