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HomeMy WebLinkAbout116519 MAXWELL PRODUCTS INC - PURCHASE ORDER - 9122285PURCHASE ORDER PO Number Page City Of 9122285 1 of z ' `t Collins This number must appear 1 on all invoices, packing slips and labels. Date: 04120/2012 Vendor: 116519 Ship To: STREETS DEPARTMENT MAXWELL PRODUCTS INC CITY OF FORT COLLINS 650 DELONG ST 625 NINTH STREET SALT LAKE CITY Utah 84104-3911 FORT COLLINS Colorado 80524 Delivery Date: 04/20/2012 Buyer: JOHN STEPHEN Note: Line Description Quantity Ordered UOM Unit Price Extended Price 46,000 Ibs GAP 1 LOT LS 46,000.00 DO NOT DUPLICATE ORDER Phoned in. Do not duplicate order. For pmt purposes only. Total $46,000.00 U 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 Order Temis and Conditions Page 2 of 2 I. COMMERCIALDETAILS. Tax excmplinre. fly .statute the Citv of Fort Collins is exempt fmen stare aad local taxes. Our Excnmtian Number is 11. NONWAI VER. 98-W502. Federal E.¢ise Tax Exemption Certificate of Registry 54-6006557 is registered with the Collector of Failure of the Purchaser to insist Olson strict performance of the terms and conditions hereof. (ailing or delay m Internal Rcvcnuc, Denver. Colorado (Ref. Colorado Revised Strauss 1973. 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 of or payment for goods hercunder or approval of the design. shall not release the Scl let of Goods Rejected. GOODS REJECTED due to failure to meet speei fieations, either when .shipped or due to defects of any Of the wamnties Or add gatinns of this purchase Order aad shall not be deemed a waiver of any right of the damage in transit, may be rcmmed to van for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of its rights or armed ies as to anv such goads, regardless instructions farm the City Of Fen Collins. of when shipped. received or accepted, as to any print Or subsequent default herctmdee nor shall any Purported Oral mod i ficmion or rescission of this purchase order by the To rchoscr operate as a wailer of any of the mans I nspeetion. GOODS arc subject to the City of Fen Collins inspection on arrival. hermf. Final Acceptance. Receipt of the merchandise. sevices or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. mnhermed payment na the ,an Of the City of Fort Collins. Hoevver, it is to be umderstood tbm FINAL. Seller and the Purchaser recognize that in nct all economic practice, overcharges resulting front mnitmst ACCEPTANCE is dependent upon completion ofall applicable required inspection procalures. violations arc in fact borne by the PurchaseTheretofore, 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 herea0cr Freight Terms. Shipments must be F.O.H.. City of Fort Collins, 7M Wood St.. Fen Collins, CO 80522. unless acquired trader federal or state antitrust Lauer 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 era acquired by the Purchaser pursuant to this purchase order, hill must accompany invoice Additional charges for packing will net be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance Where manufacturers have distributing points in various pans of the country. shipment is If the Purchaser directs the Seller to correct nancanfanning or defective goods by a date to be agreed upon by the expected farm the nearest distribution point to destination. and excess freight will be deducted front Invoice when Purchnscr and the Seller and the Seiler thereaner indicates its inability or unwillingness to comply. the Purchaser shipments arc made farm greater distance. may cause the work to be performed by the most expeditious means available to it, and the Scllcr shall pay all costs associated with such work. Permits. Seiler shall procure at sellers sole cost all necessary Permits, certificates and licenses required by all applicable laws, regulations, ardimnecs and roles of the shale. ntunieipllity, 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. Seller further agrees to hold the City of Fen Collins Females, from and against all liability and Ins, intoned by them by reason of an asserted or established vinlalion ofany such laws, acglationc ordinances, odes and requirement,. Authorization. All panics to this contract agree that the representatives are. in fat, bona fide and possess PoII mad complete mahmity to hind 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 hcrcto or incorporated herein by reference. Any additional or diffierem terns and conditions propesed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT moucdintclx' if you cannot make complete shipment to arrive on your promised dcliverydate as noted. Time is ofthe essence. Delivery and performance must be clfcdcd within the time stated on the purchase order and the documents attached hereto. No acts of the Pomhascrs including. O'ithout limitation. acceptance afpmial laic deliveries. shall oycrate as a svoiver of this provision. In the sisal ofany dchry. 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. Hoursrr, the Seller shall not be liable for damages as a result of delays due to causes not rcn onably foreseeable which are beyond its reasonable central and without its fault ofnegligence. such acts of Gaul, acts ofeivil or military authorities. govemmcatal priorities, fires, strikes, flood, epidemics. wars or riots pmvided 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 afflictively shall be extended for the period equal to the time actually lost by reason of Ibe delay. 3, WARRANTY. The Scllcr w:amnts that all goods. articles, materials and work covered by this order will conform with applicable drawings, specifications. samples and/or other descriptions given, wili 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 runner, The Scllcr, agrees to hold the purchaser hamlcss from any loss, damage or expense which the Pumhnur may suffice or incur on account of tic Sellers breach of w;amnty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (U year or within such longer period Of time as may be prescribed by law or by the terms crafty applicable warranty pmvided by the Seller after the date of acceptance of the good furnished hereunder (acceptance not to he unreasonably delayed), resulting From imperfect or defective work done or materials furnished by the Seller. Acceptance or use of good, by the Purchaser shall not constitute a aeniver fall ' , claim under this uiuranty. Except as lithium ise provided in this purchase order, the Sellers liability hereunder shall xtend to all damages proximately caused by the breach of any a the foregoing w umanties or guarantees, but such liability shall in no event include Ina of profits or loss of use NO TN I PUT ED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchnscr may make changes to kcal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terns. other than Loral leans, including additions to or deletions Gant the quantities Originally ordered in the specifications or drawing,, by serhal or wriuce change enter. If may such change affects the amount clue Or the time of perrformance hereunder, an cquimble aduOunicnt shall he made. 6, TERM [NATIONS. The Purchaser may at any time b' written change order, terminate this agreement as to any or all portiens of the good then not shipped, subject to any equitable adjustment between the panics n, to any stork or material, then in pmg+ess pmvided that the Purchaser shall not be liable for any dzims for anticipated profits on the uncompleted portion Oldie goods andlor work. for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any good which arc the Sellers standard stock. No sash termination shall relieve the Purchaser or the Seller of any of their obligations as turns, gads delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim far adjustment most be asserted within thirty (30) days from the date the change or tcrminatien is oNcrcd. S. COMPLIANCE, WITH LAW. The Seller w'amnts that all goods sold hereunder shall hive been produced, sold, delivered and furnished in strict compliance with all applicable lases and regulations he which the goods arc subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance All laws and regulations required to he incorporated in ,,,cements of this character are hereby inmrpamted herein by this reference The Seller agrees to indemnify and hold the Purchnscr harmless from all costs and damages suffered by the Purchnscr is a result ol'the Scllcrs Failure to comply with such Insy_ 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, ar any ninnies due or in become due hereunder without the prim written consent of the other parry. 10. TITLE. The Scllcr svamat, full. clear and unrestricted title to the Pnrchascr for all equipment materials, Ind items furnished in perfamence of this agreement, face and clear of any and all liens. restrictions, resets ations, security interest encumbrances and claims of nthcrs. The Seller shall release the Purchaser and its eonlul Olney tier farm all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the pact released and shall extend to the directors. officer, and employees of such party, The Sclier's contracnml obligation,, including wamnnv, shall not be deemed to be reduced, in any any. because such work is performed or caused to be performed by the Purchnscr. Id. PATENTS. Wherever the Scllcr is required to use mty design, device, material or process cowered by Icier. pntcm, 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 shall indemnify the Purchaser for any cost, expense or damage which it one be obliged to pay by reason ofsuch infringement at any time during the prosecution orafter the completion of the work. TO ease said cquipmcal, or any part thereof or the intended use of the goods, is in such suit held to constitute 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 Putehascr Ibc right to continue using said equipment a, pans, replace the same with atb,tamiall., equal hot nnninfringing equipment, or modify' it sea it becomes nnninfringing. 15. INSOLVENCY. If the Seller shall become insolvent Or bankntp, make an assignment for the benefit of crediters, appoint a receiver or trustee for any of the Sellers property Or bu,incss, this order may forthwith he canceled by the Purchaser without l iabilirv. 16. GOVERNING LAW. The definilions oflerms used of the imegrtetation oftlte agreement and the rights ofall parties hereunder shall be conpnmd under and governed by the Imvs afthe State of Cnlomdo, USA. The following Additional Condition, apply only in eases where the Seller is to perform work hereunder, including the scnices of Scllcrs Reprcsentative(s), on the premises of Others. 17. Sf:I.LERS RESPONSIBILITY. The Seller shall cam' on said Omd at Seller's own risk until the sine 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 Purchaser When materials and equipment arc famished by Others for installation or erection by the Seller, the Seller shall receive unload. store and handle same at the site ,ad become respnnsihle therefor as though such materials and/or equipment were being furnished by the Scllcr under the order. IR. INSURANCE. The Seller shall, at his osvn expense. povide for the payment of workers compensation. including occupational disease benefits, to its employees emplmrd an ear in connection sy ith the swO,k covered by this Parchn,c Order, Ind/ear to their dependcats in accordance with the laws Ofihe slate in which the work is to he done. The Seller shall also carry contprchcasoc general liability including, hilt not limited to. contractual and autmmrthilc public Iicbility insurance with bodily injury and death limits afar least S300,000 for any one person, 5500.000 for any one.c ideal mud Property dnnege limit per accident of S400.000. The Seller shall likewise require his contractors, if any, to provide for such cmnpensmiml and insurance. Before any of the Sellers or his contractors employees shall do any,,$, upon the print ises of others, the Seller shall famish the Purchaser with a cenifemc that such compensation and insurance have been provided. Such certificates shall specify Ibc that, when such cantpensation and insurance have been pmvided. Such ecnifieates shall specify the date when such compensation and insmmncc expires. The Scllcr agrees that such compensation 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 entim responsibilityand liability for any and all damage, lessor injuryofany kind or nature whatsoever to persons or property caused by or resulting farm the executinn ofthc oork provided for in this purchase anlerm in connection herewith. The Scllcr will indemnify mud hold harmless the Purchaser and any or all of the Purchasers officers, agents and employees from and against any and all claims, lot es, damages, charges or expenses. Whether direct or indirect, and whether to persons or property to which the Purchaser may he put ear softest by reason of any act, anion. neglect. emission or default on the part of the Seller. any of his contractors. or any of the Scllcrs or contractors ofF¢co, agents or employees. In case any suit or other par"el ings shall be harughl against the Purchaser, or its officers, agentsor employees at any time on account Or by reason of any act action, neglect omission or defmdt of the Seller of any of his contractors or any of its or their OlFacts, agents or employees as aforesaid, the Scllcr hereby ngrccs to assume the defense thcrcat and to defend the.antc at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any ,ad ,IT judgments that may be incurred by ear Obtained ngniust the Purchaser or any of its or their officers, agents ear employees in such suits or other proceedings, and in case hldgmcm or other lien be placed nprm or obtained against the properly 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 in he dis,olvnl and discharged by giving bond or otherwise. The Seller and his enntracmrs shall take all safety precautions, furnish and install all guards necessary far the prcvemien of accidents, comply with all laws and regulations with regard to safety including but without limitation, the Occupational Safety and Health Act of 1970 and all talcs and regulation, issued pursuant theme. Revised 03/2010