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HomeMy WebLinkAbout501382 SCHABEN INDUSTRIES - PURCHASE ORDER - 9122708PURCHASE ORDER PO Number Page City of9122708 + of z 6rt ColtIns This number must appear on all invoices, packing slips and labels. Date: 05/0912012 Vendor: 501382 SCHABEN INDUSTRIES c/o RALPH WARNER 5834 E 23RD ST COLUMBUS Nebraska 68601 Ship To: FLEET SERVICES - MAIN SHOP CITY OF FORT COLLINS 835 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 05/09/2012 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price 500 Gallon Skid/Tank/Spray 1 LOT LS 4,110.00 Pump Unit per quote from John Person Dept: Electric Utility Delivery contact: Joe Lucero, Fleet Shop, 835 Wood Street, Fort Collins, CO 80521 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 Total Invoice Address: 110.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tcrins and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City effort Collins is exempt from state and local taxes. Our Exemption Number is in-W502. Federal Excise Tax Exemption Certilicane of Registry R4-6000597 is reginvocd with the Colkmor of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). Goeds Rejected, GOODS REJECTED due to failure to men specifications, either When shipped or doe to defects of damage in transit may be returned to you for credit and arc not to he replaced except upon receipt of Written instructions from the City Of Fott Collins. Inspection. GOODS are subject to the City of Fott Collins inspection on arrival. II. NONWAIVER. Endowfill, Purchnscr to insist neon strict performance of the tans and conditions hereof, failure or delay to exercise any rights or rcmcdics provided herein orb), law, failure to promptly notify the Seller in the event Of a breach, the acceptance prof payment for good hereunder or approval of the design, shall not release the Seller of any of the warm me, or obligations Of this purchase order and shall nor be deemed a waiver of any right of the purchaser to insist upon strict performance hico of or any of its rights or acoustics as to any such goods, regardless of When shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or resei,ssi on of this purchase Order by the Purchaser operate as a waiver of any of the terms 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 Fort 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 of all applicable required inspection procedures. violations are in fact borne by the Purchaser. Theretofore, 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 hereafter Freight Terms. Shipments must be F.O.H.. City of Too Collins, 7M Wood St., Fort Collins. CO 90522. unless acquired tinder federal or state antitrust lams for such overcharges relating to the purre.lar goods Or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased m acquired by the Purchaser pursuant 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 nranafactrmrs have distributing points in various pans of the country, shipment is Ifthe Purchaser directs the Seller to correct nmmonforming or defective goods by a date to be agreed upon by the expected fronr the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Scllcr, and the Seller thereafter indicates its inability or unwillingness to comply. the Purchaser shipments arc made from greater distance. cony cause the work to be Performed by the most expeditions means available to it. and the Scllcr shall pay all costsassociated with such n'ork. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable Imes, regulations, ordinances and rules of the state, municipality, territory or political spurn ision 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 violation of any such laws, regulations, ordinances. rules and requirements. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptnncc to the terms and conditions stated herein set forth and any' nupplemcil or additional terms and conditions annexed hereto or incorporated herein by reference Any additional or different terms and conditions proposed by seller arc obicered island hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive rot your promised delivery date as noted. Time is of the essence. Delivery, and performance must he effected within the Iimc stated On the purchase order and the documents attached hereto. No acts of the Purchaser, including. without limitation, acceptance ofpanial late deliveries, shall operate as a waiver of this provision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable rcmcdics, the option of placing this order elsewhere and holding the Seller liable for damages. Houevcr 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 ofnegligence, such acts i GOd, .,is ofewil or military authorities. governmental priorities, fires, strikes, flood, epidemics, wars or riots provided that notice ofthe conditions causing such delay is given to the Purchaserwithinfive (5) days of the time when the Seller first received knowledge thereof. In the event 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. The Seller warrants 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 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 any loss, damage or expense which the Purchaser may so Her or incur on account of the Sellers breach of warranty. The Seller shall replace, repair of make good. without cost to the purchaser, any defects Or faults arising Within one (I) year or within such longer period of time as may be prescribed by law or by the terms of any applicable wamnry provided by the Sellerafter the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a Waiver crony claim under this arm cry. Except as otherwise provided in this purchase Order, the Sellers liability hereunder shall extend to all damages premimatcly caused by the breach crony of the foregoing warranties car guarantees, 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. CHANCES IN LEGAL TERMS. The Purchaser may make changes to legal terms by wriften 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 from rho, gnantitie, originally ordered in the specifications or drawings, by verbal or written change Order. If any such change affects the amount due Or the time ofperformance hereunder, an equitable adjustment .shall be made. 6 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 beMcen the panics as to any Work or materials then in prowess 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 adinstmcnt be made in favor of the Seller with respect to any foods which arc the Scllcrs standard stock. No such termination shall relieve the Purchaser or the Seller crony of their nbligations as to any good, delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asscrtcd within thirty (30) days from the date the change or termination is ordered. R. COMPLIANCE WITH LAW. The SCllcr 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 goods arc subject. The Seller shall execute and deliver such doeunwats as may he required to effect or evidence compliance. All Imes and regulations required to be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Pumhaser as a result of lot 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. TITLE. The Seller Wamnt 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 contractors of any tier from all liability and claims of any nature resulting from the performance Of such work. This flea c shall apply even in the faro/ of fault of negligence of the parry released and shall extend to the directors, offcers and employees ofsaeh party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any Way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any 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 infingement 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 fray be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work, In case said equipment 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 part is enjoined, the Seller shall, at its own expense and at its option, either procure for the Ptuchaur the right to continue using said equipment or parts, replace the same .with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Scllcr .shall become insolvent or hankrupl, make an assignment for the benefit of ernlitors. 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 oftcons used or the interpretation Orrin, agreement and the rights ofall panics hcreundershall be con,tmd under and governed by the Imes ofthc State ofColomdc, USA. The Following Addoinnul Conditions apply only in cases Where the Seller is to perform work hereunder, including the services of Sellers Representalive(s), on the premises of others. 17, SELLERS R ES PON S 113 I L ITY. The Seller shall carry on said work at Seller's oven risk until the came is fully completed and accepted, and shall, in cue of any accident, destruction or injury to the work and/or materials before Shccr's hand completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Parehaseo When materials ,and equipment arc furnished by others for installation or erection by the Seller. the Seller shall receive, unload, ,lore and handle same at the site and becorme msponsible therefor as though such materials and/or equipment were being furnished by the Seller under the paler. IS. INSURANCE. The Seller ,hall, of fits own expert e, provide for the payment of workers compensation, including occupational disease benefits. to its of pIcyecs employed on or in connection With the Work Covered by this purchase order. ,and/or to their dependents in accordance with the laws ofthe elate 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 timit urn (cast S300,000 for 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. Tray. to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the prendscs eforers, the Scllcr Shull 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 ccnificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assume, the entire responsibility and liability for any and all damage, loss or injury of ony kind or nature whatsoever to persons or pmpcny caused by or resulting from the execution of the Work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers effects, 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 Oct. action, neglect, omission or default on the pan of the Scllcr, any of hie contractors, or any of the Sellers or contractors officers, agents or employees. In ease ony ,suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time oa 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 effects, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Scllcrs own expensq to pay any and all costs, charge, attorneys fees and other expenses, v 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 case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parlies in or as a result of such suits or other proceedings. due Seller will at once eanc the same to be dissolved and dischmgcd by giving bond Or otherwise. The Seller and his contractors shall take all safety precaution,, furnish and install all guards necessary for the prevention of accidents, comply with all Imes and regulations with regard to safety including, but without limitation. the Occupational Safety and Health Act of 1970 and all odes and regulations issued pursuant thereto. Revived 03/2010