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HomeMy WebLinkAbout113984 WAGNER EQUIPMENT CO - PURCHASE ORDER - 9122684PURCHASE ORDER PO Number Page City Of 9122684 1 of z ' `t Collins This number must appear on all invoices, packing slips and labels. Date: 05/08/2012 Vendor: 113984 Ship To: STREETS DEPARTMENT WAGNER EQUIPMENT CO CITY OF FORT COLLINS 18000 SMITH RD 625 NINTH STREET AURORA Colorado 80011-3511 FORT COLLINS Colorado 80524 Delivery Date: 05/08/2012 Buyer: JAMES HUME Note: Line Description Quantity Ordered UOM Unit Price Extended Price INV NO P2527501 1 LOT LS 5,092.00 Total $5,092.00 C3 O Yl,z-c-szQ, � Invoice Address: City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill ll, CPPO City of Fort Collins City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terris and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tea exemptions. By statute the City of Fon Collins is exempt fmm state and local taxes. Our Exemption Number is 11. NONWAIVF,R. 95-04502. Federal Excisc Tax Exemption Ccnifacmc of Registry 84-600)iS7 is n gislcrcd With the Collector of Failure of the Purchaser to insist upon sold perfommnce ofthe terms and conditions hereof. fxilhue or ddav to Intcmal Revenue. Dcnvcr, Colorado (Ref. Colorado Raised Statutes 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 ofor payment for goods hereunder of approval ofthe design, shall not release the Scllcrof Gads Rejected, GOODS REJECTED due to failure to mein specifications, either when shipped or due to defects of any of the avanantics or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be rcmmcd to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance hcreoforanv ofits rights or remedies as to any such goods, regardless instructions from the Citv offort Collin'. of,hen shipped, received or accepted, as in any print or subsequent default hereunder. not shall any pugxr red end modification or rescission of this purehaw order by the Perehxsar operate as a waiver of any of the terms Inspection. GOODS are subject to the City effort Collins inspection infinitival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of To" Collins. Ilmveacr, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from xntitmst ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact borne by the Purchaser. Theretofore, for good cause and as considconion for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Tams. Shipments must be F.O.H., City of fort Collins, Mlfl Wood St., Fort Collins, CO 90522, unless acquired under federal or state antitrust laws for such overcharges relating to the pnnicular goods or services other, ise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase orde, 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 carious pans of the century, shipment is Ifthe Purchaser directs the Seller to correct tenconfomuing or defective goods by a date to be agreed upon by the expected form the nearest distribution point to destination, and csccss freight will be deducted fmm Invoice when Purchaser and the Scllcr, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made front greater distance. may cause the work to be perforated by the most expeditious means available in it. and the Seller shall pav all crisis associated with such work. Permits. Seller shall procure at sellers sale cost all necessary pemits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision Where the xnrk 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 For Collins hamdess from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations. oninances, rules and requirements. Authoricmion. All panics no 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 terms and conditions stated herein set Pooh and any supplementary or additional tears and conditions annexed hereto or incorporated hcrcin by reference. Any additional or different temw and conditions proposed by wllcrarc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your premised delivery date as noted. Time is of the essence. Delivery and performance most he effected within the rare stated on the purchase order and the documents attached herein. No acts of the Purchasers including, without limitation, acceptance ofpanial late deliveries. shall operate as a anivcr ofthis provision. In the event ofany delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this older elsewhere and holding the Seller liable for damages. Hosveveq the Seller shall 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 of negligence, such acts ofGod, acts ofcivil or military authorities govemmennl priorities, fires, strikes flood, epidemics, WITS or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of floe time when the Seller first received 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 Seller wamnts that all good, 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 purpn,es 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 fmm any loss. damage or expense which the Purchawr may suffer or incur oa account riffle Sellers breach of wamnty. The Seller shall replace, repair or make good, avithnm cost to the purchaser. any defects or faults arising within one (1) year or within such longer Period of time as may he pmeeribd by Imv or by the morn of any applicable warranty pmvided by the Scllcr after the date of accapnancc of the good fumishcd hereunder (acccptmtcc not to be unreasonably delayed), resulting fmm imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this wamnty. Except as otherwise provided in this purchase order, the SeRCTS liability hereunder shall extend to all damages proximately closed by the breach ofany of the foregoing wmmatics or guarantees, but such liability shall in no event include less of profits or loss cf uses NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGF,S 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 additions to or deletions favor the quantities originally ordered in the specific tioras or drawings, by verbal or written change reeler. If any such change affects the amount due or the time ofperfomuancc hereunder, an equitable adjustment shall he made. 6. TERM INATIONS. The Purchiewr may at any time be welded change order. terminate this agreement as to any or all portions of the goad 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 for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor riffle Seller with respect to any goods which am the Sellers .Standard stock. No such termination shall relieve the Purchaser or the Seller of any cf their obligations as to any goods delivered hereunder. 7. CLAINIS FOR ADJUSTMENT. Any claim for adjustment mast be ascned within thirty (30) days fmm the date the change or termination is enlcred. S. COMPLIANCE WITH LAW. The Seller wamnts that all goods sold heramder 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 erfixt or evidence compliance. All laws and regulations required to be incorporated in agreements M this character arc hereby incorpomted hcrcin by this reference. The Seller agrees to indemnify and hold the Purchaser harmless Form all costs and damages suffered by the Puehaber 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 became due hereunder without the prior written consent ofthe other party. 10. TITLE. The Seller wamnty full. dear and unrestricted title to the Purchaer for all equipment. material , and items furnished in performance of this agreement free and clear of any and all liens. restrictions. reservations, security interest weumbranecs and claims of ethers. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature rcsadfng from the performance ofsch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, olficcrs and employees ofsuch party. The Seller', committed obligations, including wamnty, shall not be deemed to he reduced, in any way, because such work is performed or caused to he perfumed by the Purchaser. 14. PATENTS. Whenever the Sailer is required to use tiny design, device, andcrial or process covered by lever, patent, trademark or copyright, the Seller shall indemnify and care harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, deice, material or process in connection with the concoct, and shall indemnify the Pamhaw, for any cost. expense or damage which it may be obliged to pay by reason ofsuch infringement at any time during the prosecution or after the completion ofthe work. In case ,aid equipment, or any pan thereof or the intended use of the goods, is in such suit held In 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 Purchaser the right to continue using said equipment or parts, replace the Santo with subshamialiv equal but nnninfringing cquipmcnl, or modify it so it becomes nnninfringing. 15. INSOLVENCY. If the Scllcr .shill become insolvent or bankmpt, make an assignment for the benefit of creditor:, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definition, ofterms used or the interpretation ofthe agreement and the rights nfall panics hereunder shall be construed under and governed by the laws ofthe State of Colomdo. USA. The following Additional Conditions apply only in cases where the Scllcr is to perform work hemunder. including the scn'iees of Sellers Reprcscnmtive(s). on the premises of others. 17.SELLERS RESPONSIBILITY. The Scllcr shall carryon said work at Scllcr', own risk until the Samc is fully completed and accepted, and shall. in case of anv accident, destrmtinn or injury to the work and/or materials before Seller's final completion and acceptance, complete the xnrk at Scller's 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 Seller shall receive, unload. store and handle same at the site and become responsible therefor as though Such mmcrialS and/or equipment more being furnished by the Scllcr under the order. IS. INSURANCE. The Scllcr shall, at his non expense, prnide for the payment of workers compensation, including occupational disease benefits. 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 ofthe state in svhieh the .cork is m he 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 S300.000 for any one person. S500.1130 for any 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 tiny work upon the premises ofmhers, the Seller shall furnish the Purchaser with a ccrtifioate 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 compem,ation and insurance shall be maintained until after 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. Inc or injury ofany kind or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indcnuhify and hold harmless the Purchaser and any or all of the Purchasers officer:, agents mid cnuPloyccs floor 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 be put or subject by reason of any net, action, neglect omission or default on hie part of the Seller, any of his contractors. or any of the Sellers or contraction; officers. agents or employees. In caw any suit or other proceedings Shall be brought against the Purchaser, or its effects, agents or employees array time on account or by reason of any act, anion, neglect. omission or default of the Seller of any of his contractors or any of its or their olLcers. agents or cmplq'ca a, 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 officers. agents or employees in such suits or other proceedings. and in ease judgment or other lien he placed upon or obtained against the progeny of the Purchaser. or Said panics in or as a result of such stilts or other proceedings. the Seller will at once cause the same to be dissolved and diwhargcd 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 regulations with regard to Safety including, bet without limitation. the Occupational Safety and (health Act of 1970 and all rules and regulations issued pursuant Ihcrem. Revised 03/2010