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HomeMy WebLinkAbout203423 SANDVIK MINING & CONSTRUCTION - PURCHASE ORDER - 9122728City of Fort Collins Date: 0511012012 PURCHASE ORDER Vendor: 203423 SANDVIK MINING & CONSTRUCTION 15020 INDUSTRIAL PARK RD PO BOX 639 BRISTOL Virginia 24203-0639 PO Number Page 9122728 1of2 This number must appear on all invoices, packing slips and labels. Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS Colorado 80521 Delivery Date: 05/10/2012 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 2700 ea. Road Milling Tool Unit#3140-Inv# 1056141 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 1 LOT LS Total Invoice Address: 12, 555.00 $12,555.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms find Conditions Page 2 of 2 I. COMMERCIAL DETAILS, Tax exemptions. By statute the City of Pon Collins is exempt from state and local taxes. Our Exemption Number is 11 NONWAIVF.R. 98-0.1502. Federal Excise Tax Exemption Ceniricate of Registry 946000587 is registered with the Collector of radon, of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to I nlemal Revenue. Denver, ColOmdo (Ref Colorado Revised Statutes 1973. Chapter 39-26. 114Ink exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design..sha I not rdcai a the Scllcr of Goods Rejected. GOODS REJECTED due to failure to meo specifications, either when shipped or due to defects of any of the wamntiea or obligations of this purchuse order and shall not be domed a waiver of any right of the damage in transit, may be returned to yen for credit and am not to be replaced except upon receipt of written purchaser to insist upon strict performance herenfor any of its rights or remedies as to any such gooJ,. regardless instructions firm the City Of red Collins, of when shipped. received fir accepted, is to any prior or subsequent default hereunder. nor shall any purported mat modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS arc subject to the City of Too Collins inspection on arrival. Femur Final Acceptance Reecipt of the merchandise, services or equipment in response to this order can rcmlt in 12. ASSIG NM ENT OF A NTITR UST CLA I MS. authorized payment no the pan of the City of Fun Collins. However, it is to be andmocul that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting fmm antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection proccdums. violations arc 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 on ccmaflcr Freight Terms Shipments must be F.O.H.. City of Fort Collins, 700 Wood St., Fort Collins, CO 80522. unless required! under federal or state antitnast laws for such overcharges relating to the particular good or services othem ise specified on this Order. If Permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Pumhasa pursuant to this purchase order. bill must accompany invoice. Additional charges for picking will not he accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manuficmrcrs have distributing points in %arions parts of the country. shipment is If the Purchaser directs the Seller to correct 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 firma Invoice when Purchaser and the Scllcr, and the Seller theme Rer indicates its inability or unwillingness to comply, the Purchnscr shipments am made fmm greater distance, may cause the work to be perfumed by the most expeditious means available to it, and the Scllcr shall pay all costs aysocialcd with such work. Permits. Seller shall procure at sellers sale cost all accessary pcmite, certificates and licenses required by all applicable Imes. regulations. ordinances and rules of the slate, municipality, territory or political subdivision ahere the work is performed. or required by any other duly constituted public authority having jurisdiction over the work of vcndm. Seller further agrees to hold the City of Fort Collins harmless From and against all liability and loss incurred by than by reason of an asserted or established violation of any such laws, regulations, onfinrnccs, rules and acquirements, Aulhori7ation. All panics to this contract agree that the rerrescrotivcs are. in fact. bona fide and possess full and complete authority to hind said parties, LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference Any additional ordifferent Isms and conditions promised by sellerare objected to and hereby rejected. 2. DELIVERY, PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your premised 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 Purchasers including, without limitation, acceptance ofpnnial late deliveries, shall operate as a waiver of this provision. In the event of any delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option o'plaeing this order elsewhere and holding the Seller liable for damages. Howvvcr, the Seller shall not be liable for damages as a result of delays due to causes not re unnably foreseeable which are beyond its reasonable control and without its fault ofncgligcnce. such act of God. acts of civil or military authorities. governmental prfnd ties, fires, strikes. Rood, epidemics, wan fir 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 extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods. articles. materials and work covered by this order will conform with applicable drawings, specifications, samples andfor other doseriptinns given, will he 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 fmm any loss, damage or expense which the Purchaser may muter or incur On account of the Sellers breach of warranty. The Seller shall replace, repair or make good. without cost to the Purchnscr, 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 icmw of any applicable aamnry provided by the Seller a0cr the date of acceptance of the gads furnished hereunder (acceptance not to he 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 warranty. Except as otherwise provided in this purchase order. the Scllcrs liability hereunder shall extend to all damages pmximatcly caused by the breach of any of the foregoing warmatics or guarantees, but such liability shall in no evem include loss of pmfts or Inns of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal moms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the acme other than legal terms, including additions to or deletions !'rain the quantities originally ordered in the s,ecifienuira, fir dmwing,. by verhal or wntwo change order. If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. fi. TERMINATIONS. The Purchnscr may at any time by written change ruder. terminate this agreement as to any or all portions of the goods then not shipped, subject to nny equitable adjustment betweso the panics rs to any work or materials then in pmgresa provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the gads and/or work, for incidental or eonscqucmial damages, and that no such adjustment he made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser fir the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days forma the date the change or wir miamion is mdemd. S. COMPLIANCE WITH LAW. The Seller 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 are subject. The Seller shall esecute and deliver such documents as may be required to effect or evidence compliance. All laws 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 Form all costs and damages suffered by the Purchaser 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 become due hereunder without the prior written consent ofthe other party. I0. TITLE. The Seller wamnts fall, clear and unrestricted title to the Purchaser for all equipment. matcri.K and items form,hed in performance of this agreement, free and clear of any and all liens, restrictions, resenutions. seconty interest encumbrances and claims ofothers. The Seller shall release the Purchaser and it.., contractors of any tier from all liability and claims of any nature resulting fmm the performance of such work. This release shall apply even in the event of fnult of negligence of the patty released and shall extend In the directors, officers and employees of nreh party. The Seller's contractual obligations, including wamety, shall not be deemed to be reduced. in any way, fiecmrte such work is performed or caused In be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use tiny design, device, material or process covered by Icncr, patent, trademark or copyright, the Seller shall indemnify and save hammess the Purchaser Form any and all claims for infringement by reason of the ow of such patented design device, material or process in connection with the contract, and shall indemnify the Pnmhnser for any cost, expense or damage which it may be obliged to pay by rcasna ofsuch infringement at any time during the Pmseeution 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 riot is cajoined. 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 same with substantially equal but anninfringing equipment. or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the bcnefil of creditors, appoint a receiver or tramcc 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 terns used or the interpretation ofthc agreement and the rights ofall panics hereunder shall he consmed underand governed by the laws of the 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 Repmscnntive(s), on the premises nfothem. 17. SELLERS RESPONSIBILITY. The Seller shall cum on said work at Scllcrs own risk until the .same is fully completed and accepted, and shall. in ease of any accident, destruction or injury to the work and/or materials before Seller's fired completion and acceptance, complete the work at Seller., own expense and to the satisfaction ofthe Purchnscr. When materials and equipment arc famished by others for installation or erection by the Seller. the Seller shall mcciwct unload. ,lore and handle mac at the site and t ccome responsible thcrcror as though such materials andfor equipment were being furnished by the Seller under the order. 18. INSURANCE. The Seller shall. al his Own expense. provide for the payment of workers compensation. including occupational disease benefits. to it employees employed on or in connection with the work cowered 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 tarty comprehensive general liability including, but not limited to, contractual and nutomohile public liability insmnnce with bodily injury and death limits of at least 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, it any, to provide fir meh conmpensaion and insurance, Before any of the Sellers or his contractors employers shall In any work upon the premises of otbers, the sellershall furnish the Purchaser with a certificate that such compensation and insurance have been provided. Such eenificates shall specify the date when such cnmporsation and insurance have been provided, Such cenlficites 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 herchy resumes the entire responsibility and liability for nay and all damage, loss or injury ofanv 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 indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, agents and employees form and against any and all claims. losses. damages. charges or expenses. whether direct or indirect, and whether to persons or property to which the Puchaser may be put or subject by reason of any net, action, neglect, omission or default on the part of the Seller, any of his contractors, or any of the Scllcr or contractors officers. agents or employees. In case any suit or other proceedings shall be hmught against the Purchaser, or its officers, agent or employees 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 non expense, to pay any and all costs. charges, attorneys fees and other expenses, any and ill 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 pmpeny of the Purchaser. or mid panics in or as a result of mch 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 like all safety pmeaulions. furnish and install all guards accessary for the prevention of accidents, comply with all laws and regulations with regard to safery including. but without limitation, the Occupational Safety and Health Act of 1970 and all mles and mealations issued pursuant thereto. 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