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HomeMy WebLinkAbout103293 RON'S EQUIPMENT CO INC - PURCHASE ORDER - 9122504City of For-t Collins Date: 04/30/2012 Vendor: 103293 RON'S EQUIPMENT CO INC 906 N HIGHWAY 287 FORT COLLINS Colorado 80524 PURCHASE ORDER PO Number Page 9122504 1of2 This number must appear on all invoices, packing slips and labels. Ship To: FLEET SERVICES - MAIN SHOP CITY OF FORT COLLINS 835 WOOD ST FORT COLLINS Colorado 80521 Tk: LLIt- jbj� brftk5 Delivery Date: 04/30/2012 Buyer: JAMES HUME Note: 2012A lease 3459 replacement Line Description Quantity UOM Unit Price Extended Ordered Price Harper TV30 turf sweeper vac 1 LOT EA 47,125.00 per 2-22-12 quote Attn: Gary Brooks Dept: Parks Deliver unit to: Fleet Main Shoo, 835 Wood Street. Fort Collins 221-6613 C3. O✓l�.—�sL� City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill Il, 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 Total Invoice Address: $47,125.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statue the City of For COlhas is exempt firm state and local tzxe.Our Exemption Nam be, is 98-04502. Federal Excise Tax Exemption Certificate of Registry R4-(4flk 7 is registered with the Collector of Internal Revenue, Denver. Colomdo(Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114(a). Goads Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped Or due m defects of damage in transit. rum' be returned to you fm credit Ind arc ant in he replaced except upon reecipt of written instructions from the City of For Collins . In,pection. GOODS arc subject to the City of For Collins inspection on amval. 11. NONWAIVER, Fnilun of the Purchaser In insist upon .strict performance of the tress and conditions hereof, failure or delay in nxeremc any rights m remedies provided herein or by law, failure to promptly notify the Seller in the even of a breach, the acceparec of or payment for goods hereunder Or approval of the design, shall not release the Seller of any of the wacrach" or obligations of this purchase order and shall not be deemed a waiver of any rid" of the purchaser to insist upon strict Performance hmmforany of its rights or remedies as to any such goods, regardless of when shipped. received or accepted, as to any prior or subsequent default hereunder, nor shall any por c rued nml mmli0cation or rescission of this purchase nrdcr by the Purchaser uproot, ns a waiver of any of the terms hcrccE Final Acceptance. Receipt of the merchandise, services er equipment in response to this nrdcr can rants in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fro Collins, lbovv,r, it is to be undcrumd that FINAL Seller and the Purchaser recognize that in rctual economic pncucc. overcharges resulting from antitrust ACCEPTANCE is dependent upon completion orall applicable requited inspection procmhovs. violations arc in fact borne by the Purchaser. Theretofore, for good cause and is consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it any now have or hcrea0cr Freight Teens. Shipments must be F.O.N., City of For Collins, 7W Rood St.. Pon Collins, CO 90522, unless acquired under federal or state antim;st 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 p;nchacd or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will net he accepted. 13. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance Where manufacmrcrs have distributing points in various pans of the country, shipment is If the Purchaser directs the Seiler to cancer 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 front Invoice is hen Pmchescr and the Seller,and the Seller thcea0cr indicates its inability or unwillingness to comply, the Purchaser shipments arc made Forma granter distance. may cause the work to be performed by the most expeditious means available to if, and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at callers sole cost all necessary permits, eerificates and licenses requimd by all applicable laws. regulations, Ordinances and rules office 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 vendor. Seller further agrees to hold the City of Fon Collins harmless from and against all liability and loss ineuncd by them by reason of ou acarned or established violation of any such laws. regulations ordinances, cotes and requirements. Authorization. All panic, to this contract agree that the representatives are, in fact. bona fide and possess full and complete authnny to bind said panics. LIMITATION OF TERMS. This Pumhrse Order cxprec ly limits acceptance to the terms and conditions stated herein sm Forth sad any supplementary or additional terms and conditions annexed hacto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if your cannot make complete shipment m arrive ran your promised delivery date as acted. Time is of the essence. Delivery and perfornnee must be elTecled within the time stated no the purchase order and the documents amebcd hereto. No act, of the Purchasers including, without limitation, acceptance of parinl late deliveries shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have. in addition to other Icgat and espumble rcmcdics, the option olpincing this nrdcr d.acwherc and holding the Scllcr liable far Mmages. However, the Scllcr shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence. such ass of GOd, acts ofeivil or military authorities, governmental priorities fires strikes ROnd, epidemics wars or rims provided 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 themof. 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 of the delay. 3. WARRANTY. The Seller wanams that all goods. articles, materials and work cowered by this order will conform with applicable drawings. specifications. samples and/or other descriptions given, will he fit for the parposex 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 purchnscr harmless fmm any loss, damage or expense which the Purchaser may suffer or incur col account of the Scllcr, breach of warm no, The Seller shall relic nee, repair or make good without cost to the purchaser, any defects or faults arising within One (I ) year or with in .such longer period of time as may he prescribed by law or by the terms of any applicable +valiancy provided by the Seller after the date Of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting From imperfect or defective work done or materials furished by the Seller. Acceptance or use of goods by the Pnrchnscr shall not constitute a waiver of any claim undm this wananty. Except as orhcra iac provided in Ill is purchase order, the Sellers liability hereunder shall extend to all damages proximately cauud by the breach of any of the fnrcgoing omorn des or guennwes, but such liability shall in no event include loss of pm fits or loss of use. NO IMPLIED WAR RANTY 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. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal cum,. including additions In or deletions from the 9uantitics originally Ordered in the specifications or drovings, by rcras l or written change miler, If any such change affects the amount due or the time ofpc-formance hctcunda, an equitable adjustment shall he made. b. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all potions of the gmoLs then not shipped, subject to any cgaim ble adjustment between the panics as to any work or material, then in pogress provided that the Purchnscr shall not be liable for any claims for anticipated pmfils on the uncompleted potion of the goods and/or work, for incidental or consequential damages, and that no much adjustment he made in favor of the Seller with respect in any goods which arc the Sellers standard stock. No such tanninmion shill receve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assened within thirty (30) days mom the date the change or terionalion is rrdcrcd. R. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hcrmnMa shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required to effed Or evidence compliance. All laws and regulations requimd to be incorporated in agreements of this character arc hereby incorporated hcrcin by this refectory. The Seller agree; to indemnify and hold the Purchaser harmless firm all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply will such law. 9. ASSIGNMENT. Neither party, shall assign, transfer, or convey this order, or any monies due or to become duc hermmder without the prior written consent of the other party, 10. TITLE. The Seller warnme, full, clear and unrestricted title to the Purchaser for all equipment, materials, and items Furnished in performance of this agrcemcn, free and clear of any and all liens, restrictions, resenalions. security interest enaumbmnces and claims o(orher. The Seller shall release the Purchaser and its contractors of any tier fmm all liability and claims of any nnmrc resulting font the performance of such work. This release shall apply even in the evcnl of fault of negligence of the party, released and shall extend In the dircetum. officer and employee ofsueh party. The Seller', contractual obligations, including warranty, shall not be directed to be reduced, in any way. because such work is performed or caused to be performed by the Purchaser. 14. PATENFS. Whenever the Seiler is required to use any design, device. material or process covcrcal by letter. patent, trademark or copyright, the Seller shall indent i fy and save brainless the Purchaser fmm any and all claims for infringement by reason of the use of such patented design. device, material or process in connection wi lh the contract, and shall indcmni fy the Purchaser for any cost, expense or damage which it may be nbliged to pay by reason of such in fringemcnt at any time during the Prosecution Or after the completion of the work. I case said equipmenl. or any pan lhe¢nf or the in use of the goods, is such snit held to ennstinae in(ri ngcmcm and the use of slid equipn.cat or pan is enjoined. the Seller shall, al its non cxpcnsc and at its Option, either procure for the Pnrchnscr the right to continue using said equipment Or pros, replace the nan.e with substantially equal but nonintiinging cquipntcnt, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or hxnkmpt make an assignment for the hencftt of creditors, appoint a receiver or tmxtce for any of the Sellers popery or business, this order may forthwith be canceled by the Pueha,cr without liability. 16. GOVERNING LAW. The definition, Of tern.. used or the inleTretation ofthe agreement and the rights of all panics hereunder shall be mnstmed under and govemcd by the laws of the State ofColomdo. USA. The following Additional Conditim, apply only in taus where the Seller is to Perform oak hereunder, including the services of Scllcrs Repreunlalive(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall cony on said work at Seller', own risk until the same is fully completed and accepted, and sImll. 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 Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by the Seller. the Seller shall receive, unload. store and handle same an the site and become responsible therefor as though such materials and/or equipment were being furnished by the Scllcr under throttler. IR. INSURANCE. The Seller shall, of his non expense. provide for the payment of worker compensation. including occupational disease bene Ns, to its employers ant ployed on Or in connection with the work COVmCd by this purchase order. and/or to their dependents in accordance with the laws o('the state in which the work is to be done. The Seller shall also cany comprehensive general liability including, but not limited to, contractual and automobile public liability incnr:mee +wilh bodily injury and death limits ofat least S300,000 for any one prison. S500.000 for any one accident and progeny damage limit per accident of S400.000. The Seller ,hall likewise require his contractor. if any, to pmvidc for such compensation and mounnce. Before any of the Sellem or his contractors employees shall do any work upon the pmanses ofethers, the Seller shall famish the Purchaser with a serifiente that such compensation and insurance have been pmvided. Such eenifncatcs shall specify the date when such compca,minn and in,nonee have been provided. Stich certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and imuonee shall he maintained until after the entire work is completed and accepted, 19. PROI'F,C'f ION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby nssnmcs the Carte rcstimSihiliry and liability for any and all damage, loss or injury of any kind Or nature ob usocver to persons or property canoed by nr ¢salting fmm the execution of the work provided for in this purchase order or in connection herewith. I tic Seller will indemnify and hold harmless the Purchaser and any or all of the Perchn,ml oOierm agents and employees four and against any and all claims, losses. damages, charge, or expenses. whether direct or indirect, and whether to persons or porcny to which the Purchaser may be put or subject by reason of any act. action, neglect, omission or default on the Pan of the Seller, any of his connector. or am, of the Sellers Or contractors officer, agents or empli-occs. In ease any suit or Other poccedings shall At, brought against the Purchaser. or its officers, agents or employees at any time on account or by reason of anv rel. action, neglect. omission or default of the Seiler of any of his contractors or any of its or their officers agents or employees as of resaid, the Seller hereby agrees to assume the defense thereof and to defend the come at the Scllcr; non expense, to pay any and all costs charges, rho ncys fees and other esPcnses, any and all judg... car, that may be incurred by or obtained against the Purchaser Or nay of its or their officers, agent, or employee, in such suits or Other pmcccdings, and in ease judgment or other lien be placed upOr or Obtained against the property of the Purchaser, Or said parties in or as a eydt Of,t,ch suits or other proceedings. the Seller will at once cause the sane to be dissolved and discharged by giving bond or.thc,ri,c. The Seller and his contractors shall take all Safety precautions furnish and install NI guards necessary for the prevention of accidents, comply with all Imes and regulations with regard to safely including. but without limitation, the Occupational Safely and Health Act of 1970 and all mles and regulations issued purualn thereto. Revised 0312010