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HomeMy WebLinkAbout104592 MAXEY COMPANIES INC - PURCHASE ORDER - 9122706PURCHASE ORDER PO Number Page City Of 9122706 t of z Collins OI l I ns This number must appear Flirt` ,�—J`-' ` on all invoices, packing slips and labels. Date: 05/0912012 Vendor: 104592 MAXEY COMPANIES INC 2101 AIRWAY AVE FORT COLLINS Colorado 80524-2713 Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 05/09/2012 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price I CM Model PL Bed Heavy Duty 12" x 97" (Flatbed Body) 1 LOT LS per CM Model PL Bed Heavy Duty quote dated 5-2-12, Attn: Paul Zuhlke Dept: Electric Utility Flatbed for 2353, a 1996 IH 4700 Utility body currently mounted on the truck is to be traded in for $300 credit, already reflected in the PO price. Install pintle plate per quote. Coordinate with Joe Lucero at the Fleet Main Shop to schedule removal of old body and installation of the new. 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 Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com Total Invoice Address: 5,975.00 975.00 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 stamtc the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is I I. NONWAIVER. 99-04502. Federal Excise Tax Exemption Certificate of Registry 94-64)( R7 is registered with the Collector of Failure ofthe Purchaser to insist upon strict peutmance ofthe terms and conditions hemof. 6 flare or delay to Internal Revenue. Denver. Colorado (Ref Colored Revised Statutes 1973. Chapter 39-26. 114 (n). exercise any rights or remedies pmvidcd herein or by law, failure to promptly notify the Seller in the event of a breach, the acccptancc ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet .specifications, either when shipped or due in defects of any of the warranties or obligations of this purchase order and .shall not he deemed a wnivcr of any right ofthe damage in transit, may be returned to you for credit and arc not to he replaced except nano reecipt of written purchaser to insist upon strict performance hemofor any of is rights or remedies as to any such goods, regardless instructions farm the City effort Collins, of when shipped. received or accepted, as to any prior or subsequent default herctmder, nor shall any purported oml modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the tans Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. hcrcof. Final Acceptance. Receipt of the menchandim. scrvieca or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. anthi ized payment on the pan of the City of Fort Collins. Howeve, it is to be understood that FINAL Seller and the Purchaser remgaim that in actual economic practice. overcharges resulting from amarma ACCEPTANCE is dependent upon completion ofall applicable required inspection pmecelumsviolations arc in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Scllcr hereby assigns to the Purchaser any and all claims it nary nose have or herea0er Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St_ Fort Collins CO 80522, unless acquired under federal or state antitrust 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 scoradely, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most accompany invoice. Additional charges for packing will not he accepted. 13. PURCI LASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance, Where manufacturers have distributing points in various pans of the connlry, shipment is If the Purchaser directs the Scllcr to correct nonconforming or defective goods by a date to be agreed uptm by the expected from the nearest distribution point to destination, and excess freight grill be deducted from Invoice when ParchasCr and Ilm Scllcr.and the Seller thereafter indicates its inability or unwillingness to comply, the Purchnsyr shipments are made fmm greater distance. may cause the work to be performed by the most expeditious means available to it and the Seller shall pay all costs ns<rcimed with such work Permits. Seller shall procure at sellers sole cost all necessary permits. certificates and licenses required by all applicable hats, regulations, ordinmccs and rules 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 rmdor. Seller further agrees to hold the City of Fort Collins harmlrsc favor and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances. talcs and requircmcros. Authorization. All panics to this contract agree that the representatives arc, in fact. bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order exprc.ly limits acceptance to the means and conditions stated herein set forth and any supplementary or additional toms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller arc objected to and hereby o jectod. 2. DELIVERY, PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is ofthe essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchu ee, including, without limitation, ncceptnnce of partial late deliveries, shall organ as a waiver of this provision. In the event of any delay. the Parchascr shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages However. the Scllcr shall not he liable for dnnnges as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault ofnegligenec, such acts of Goal, acts ofcivil or military authorities. goycmmental priodfics. firms. strikes, flood, 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 delivery shall be cxtmdcd for the period equal to the time actually lost by reason of the delay. 3.WARRANTY. The Seller wmrrmxh that all good, articles, materials and work covered by this order w'iR conform with oppl icable drawings, specifications, samples and/or other descriptions given, will be fa for the purposes intended, and performed with the highest dogree of care and compet ace in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harrai from any' loss, damage or cxacase which the Purchaser may suffer or incur an account of the Scllcrs breach of warn my. The Seller shall rcplacc, repair or make good, 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 of any applicable wamnty pmvidcd by the Seller after the date of acceptance of the good famished hereunder (acceptance not to be unreasonably delayed), resulting fmm imperfect or defective nark done or materials famished by the Seller. Acceptance or use of goads by the Purchaser shall not constitute a cover of any claim coder this warranty. Except as otherwise pmvidcd in this purchase order, the Sellers liability hemander shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include Ins, of profits or Ins of um. NO IMPLIED WARRANTY OR MERCHANTA BILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL. TERMS. The Purchaser may make changes to legal Isms by written change order. 5. CI IANGES IN COMMERCIAL TERMS. The Purchascr may make any changes to the terms, other than legal tans, including additions to or deletions from the quantities originally Ordered in the specifications or drawings, by verbal Or written change order. If any such change afccls the amount due or the time of performance 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 between the Parties as la any work or materials then in pregres pmvidcd that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of fhc goods and/or work, for incidental or consequential damages. and that no such adjustment be made in favor of the Seller with resped to any goods which are the Sellers standard stock. No such termination shall relieve the Purchascr or the Seller of any of their obligations as to any good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days form the date the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seiler wamnty that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulation to which the goods are ,object. The Seller shall execute gad deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to he incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless fmm all costs and damngcs suffered by the Purchascr as a result of the Scllcr, failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies day or to become due hereunder without the prior written consent ofthe other party. 10. TITLE. The Scllcr wrmads full, clear and unrestricted tide to the Purchaser for all equipment, materials. and items famished in Performance of this agreement, free and clear of any and all liens, restrictions, reservations. security interest encumbrances and claims Mothers. The Seller shall rcicasc the Purchaser and it contractors of any net fmm all liability and claims of any aware recalling From the performance of saeh work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors. officers and employees ofsach parry. The Scller's cnotmctual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is perforated or caused to be performed by the Purchaser. 14. PATENTS. Whenwer the Seiler is required to uw any design. device, material or process covered by letter. patent. trademark or copyright, the Scllcr shall indemnify and save hemdess 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 emnmet and shall indemnify the Purchaser fortify cost. expense or damage which it may be obliged to pay by reason ofstmh infringement at any time dining the prosecution at alder the completion Witte work. In ease said equipment, or any part thereof or the intcadnl use of floc goods, is in such suit held to consulate 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 Purchascr the right to continue using said equipment or pans, rcplacc the ,arm with sabsuadially equal bra noninfringing equipment Or modify it so it becomes anninfinging. 15, INSOLVENCY. If the Scller shall become insolvent or hanknpt make av assignment for the bcncfit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Parchascr without liability. I6. GOVERNING LAW. The definitions oftcrms used or the interpretation ofthc agrccmcnt and the rights efall parties hereunder shall be construed underand governed by the laws ofthe State of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Scllcrs Represcmmivc(s). on the premises ofothcrs. 17. SELLERS RESPONSIBILITY. The Scllcr shall cam an said work m ecllch own risk until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or nmtcriils before Shcefs final completion and acccptancc, complete the work of Scllcrs own expense and to the satisfaction ofthe Parchascr. When materials and equipment arc famished by others for installation or erection by the Seller, the Seller shall receive, unload. smrc and handle same in the site and become responsible therefor as though mach materials and/or equipment were being furnished by the Scllcr under the order. 18. INSURANCE. The Seller shill, m his men expense provide for the pay noent of workers con,orm atinn. including occupational disease benefits. to its cindorecs emploved on or in connection with the work covered by this purchase order. and/or to their dependents in accordance with the Imvs of the state in which the work is to he (lnne. The Seller shall also carry comprehensive genepd liability including, but not limited to. contractual and automobile public liability insura ea, with boxlily injury and death limits Wit least S300.000 for any one person. S50a,tn10 for any one accident and property damage limit per accident of S400.01)(L The Seller shall likewise require his contractors. fury. to provide for such compensation and instmnee. Before any of the Scllcrs or his contractors employees shall do any work upon the parent ices of ethers, the Seller shall furnish the Purchascr with a certificate that such compensation and insurance have been pmvidcd. Such certificates shall specify the date when such compensation and insurance have been pmvidcd. Such certificates shall specify the date e'hca each comacnsntirm and insurance expires. The Seller 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 entire responsibility and liability for any and all damage. loss or injury ofany kind or nature whatsoever to persons or property cruised by or resulting From the execution ofthe work pmvidcd far in this purchase order or io connection here, ilh. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers ofmcrs, agents and employees fmm 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, omen. neglect omission or default on the part of the Scllcr, any of his contractors, or any of the Scllcrs nr contractors officers, agents or employees In case any suit or other Proceedings shall be brought against the Purchascr, or its officers, agents or employees It any time on 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 r dlccrs, agents or employees as aforesaid, the Scllcr hereby agrees to assonm the defense thereof and to defend the same at the Scllcrs own expense, to pay any and all costs, charges, allomcys fees and other expenses, any and all judgments that may he incnncd by or obtain,,[ against the Purchaser of any of its or their officers, agents or employees in such suits or other pmccedings, and in case judgment or other lien he placed upon or obtained against the property of the Purchaser. or said parties in or as a result ofsuch snits or other proceedings. the Seiler will at once cause the same to be dissolved and discharged by giving bond or nthcm ise. The Seller and his contractors shall take all safety, precautions, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including. but without limitation, the Occupational Snfcty and Health Act of 1970 and all macs and rc_^_ulations issued pursuant thereto. Revised 03/2010