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HomeMy WebLinkAbout482528 BOBCAT OF THE ROCKIES - PURCHASE ORDER - 9122691PURCHASE ORDER PO Number Page City of 9122691 1 of 2 � } Collins This number must appear ` on all invoices, packing slips and labels. Date: 05/08/2012 Vendor: 482528 Ship To: NATURAL RESOURCES BOBCAT OF THE ROCKIES CITY OF FORT COLLINS PO BOX 844216 200 W. MOUNTAIN DALLAS Texas 75284-4218 FORT COLLINS Colorado 80521 Delivery Date: 05108/2012 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price Bobcat MT55 Mini Track Loader 1 LOT LS 18,590.34 per quote 7783EO8065 Attn: Joe Domanik Dept: Natural Areas Deliver unit to: Fleet Main Shop, 835 Wood Street, Fort Collins 970-221-6613 Total $18,590.34 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 II, 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 Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is cxcmpt from state and local taxes. Our Exemption Numher is 11. NON WAIV ER. 99-04502. Federal Excise To Exemption Certificate of Registry 0-6000587 is registered with file Collector of Failure of the Purchaser to insist upon strict performance of the teats and condition,, here.[ failure or delay to Internal Revenue. Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (af exercise any rights or remedies pro, dM herein or by lace. failure to promptly notify the Scllcr in the event of it breach, the acceptance of or payment for goods hereunder or approval of file 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 this purchase order and shall not he deemed a waiver of any right of the damage in transit, may be rettnned to you for credit and are not to he retraced except upon receipt of written purchaser to insist upon strict perfnmmmcc limenfor any of its rights or remedies as to any such Bonds, regardless instructions from the City of Fart Collins. of when shipped, received or accepted, is to any prior or subsequent default hereunder, not shall any par towed oral uadrfi rthaa or o,,ri,ion of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof. Final Aecepmnec. 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 Fart Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofa11 applicable required inspection procedures, violations are in fact borne by the Purchnscr. Theretofore, for gond cause and as consideration for excelling this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments most be P_O.B., City of Fart Collins. 700 Wood St.. Fort Collins, CO 80522, unless acquired trader federal or state antitrust laws for such overcharges relating to the paniculnr goods or services cthc,ise specified on this order. If permission is given to prepay freight and charge separately, the original freight ptuchnsed or acquired by the Purchaser pursuant to this purchase order. hill must accompany invoice. Additional charges for packing will not be accepted. 11. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance Where manufacturers have distributing points in various parts of the Country, shipment is If the Purchaser directs the Seller to correct nonconf.mming or defective goods by a date to be nerved upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwiRiogncsu t. comply, the Purchaser shipments are made from greater distance. may cause the work to be performed by the most expeditions means available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, certificate, and licenses required by all applicable Imes, regulations, ordinances and mles of the 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 Fort Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established vinlation of any such laws, regulations, ordinances, roles and requirements. Authorization. All parties to this contract agree that the representatives are, in fact. bona fide and posse, full :rod complete authority to bind said parties. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplemcmax, or additional forms and conditions annexed hereto or incorporated hcrcin 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 you cannot make complete shipmcnf to arrive on your pmaised delivery date as noted. Time is fthe essrnec. Delivery and performance matt be effected wilhin the from stated on the purchase order and the documents auached hereto. No acts of the Purchasers including, without limitation, acccptancc offartial late deliveries, shall operate as a waiver ofthis provision_ In the event of ony delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order derc scwh and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable combat and without its fault ofnegligme, such acts of God, acts ofcivil or military authorities, governmental priorities, firer. strikes. Honda epidemics, wars or riots 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 thereof. In the event of any such delay, the date of dctivcry shall be extended for the period equal to the time actually lost by reason ofthe dclay. 3. WARRANTY. The Seller warrants that all goods, articles, amends and work covered by this order will conform with applicable dmwings, specifications, .samples and/or other descriptions given, will 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 nature. The Seller agrees to hold the purchaser harmless from anv loss, damage or expense which the Purchnscr may ,offer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make Cited, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms orally applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of gondv by the Purchaser shall not constitute a waiver plans, claim under this wortanty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach orally of file foregoing warm at, or guarantees, but such liability shall in no event include Ions ofpratim or loss cruse. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4, CHANCES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written chance order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions front the quantities originally ordered in the specifications or drawings. by verbal or written change order. If .vry such chance affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at anv time by other, change order, terminate this agreement as to any or all portions of the goods then net 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 of the Scllcr with respect to any goods which are the Sellers standard stock_ No such termination shall relieve the Purchaser or the Seller orally of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment nmst be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall hive been produced. sold, delivered and furnished in strict compliance with all applicable laws and regalations to which the goods arc subject. The Seller shall csecme and deliver such doeumems as may be required to effect or evidence compliance All laws and regulations required to be ine.rporated in agreements of this character are herebv incorporated herein by this reference. The Seller agrees to indemnify and held the Purchaser hamde, from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or to become duc hereunder without the prior written consent of the other parry. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment. materials, and items furnished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contactors of any tier from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the patty released and shall extend to the directors, officers and employees ofsnch party. The Seller's contrnetunt obligations, including vvannnry, shall not be deemed to be reduced, in any was, because such work is performed or caused to be performed by the Purchnscr. 14. PATENTS. Whenever the Seller is required to use mry design, device, material or process covered by letter, 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 drones., material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of,ach infringement at any time daring the prosecution or inner the completion of the work. In case said cquipnronl, or .any part thereof or the intended use of the goods, is in such ,cult held to constitute infringement and the use of said equipment or pan is enjoined. the Seller shall, at its mvn expense and at its option. either pronne for the Purchaser the right to continue using said equipment or pans, replace the same with slbsmntialls, equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall became insolvent or bankrupt. make an assignment for the benefit of creditors, 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 definitions of terms used or the interyrctatimt of the agreement and the rights of all panics hereunder shall be ennstmed under and governed by the laws of the State of Colnmdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services on'Sellers represcntmivc(s), on the premises of uthers. 17. SELLERS RESPONST13T LITY. The Seller ,bill carry on said work at Seller's own risk until the same is fully completed and accepted. and shall, in case of any are idenL destruction or injury to file work and/or materials before Sellers final completion and acccptancc, complete the work at Sellers own expense and to the satisfaction of the Purchaser. Whcn nmmrin1, and equipment arc famished byothers for installation or vecction by the Seller, the Seller shall receive, unload. ,lore and handle same at the site and bccons respan iblc therefor as though such materials and/or equipment were being furnished by the Seller under the order. 19 INSURANCE. The Scllcr shall, at his mvn expense, provide for the paymmat of, orker, compensation, including occupational disease benefits, to its cmployccs employed oa 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. bra not limited to, contractual and automobile public Iixbility insurance with braid, injury and death limits of at Eno S300,000 for any one person. S500.000 for any one accident and property damage limit per accident of S400.006. The Seller shall likewise require his enntraaors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contrnetois employees %hall do any work upon the premiss of ethers. the Scllcr shall furnish the Purchnscr with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such mpensatim, and insurmxc hove been provided. Such ecrtifiemca shall specify the date when such compensation and ii s rmnce expires_ The Seller Cgrecs that such compensation and instal nce shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assmuee the entire responsibility and liability for any and all damage, loss or injury crony kind or nature whmsovver to persons or property ¢mused by or reselling from the execution off is work prm'ided for in this purchase order or in connection herewith. The Shcc, will indemnify and hold hand¢,, the Purchnscr and arty r all of the Purchasers officers, agents and employees from 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 act, action, neglect, omission or default rot the part of the Scllcr, any of his contractors, or any of the Seller, or contractors officers, agents or employees. In case anv suit or other pmccNings shall be brought against the Purchaser, or its officers. agents or emplevves at any time on account or by reason of any net. action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as 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 Ices end other expenses. any and all judgments that nay be incurred by or obtained against the Purchaser or any of its or their omeers, ,agents or employees in such suits or other proceedings and in case judgment or other lien be placed upon or obtained against the property of file Purchaser or said panics in or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged 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 Incas and regulations with regard to safety including, but without limitation, the Occupational Safety and Henith Act of 1970 and all talcs and rcmlotions issued pursuant thereto. Revised 03/2010