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HomeMy WebLinkAbout104592 MAXEY COMPANIES INC - PURCHASE ORDER - 9122782PURCHASE ORDER PO Number Page City of 9122782 1 of 2 ' `this number must appear Collins1 1 on all invoices, packing slips and labels. Date: 05115/2012 Vendor: 104592 Ship To: NATURAL RESOURCES MAXEY COMPANIES INC CITY OF FORT COLLINS 2101 AIRWAY AVE 200 W. MOUNTAIN FORT COLLINS Colorado 80524-2713 FORT COLLINS Colorado 80521 Fm6. � - � s6� Delivery Date: 05/15/2012 Buyer: JAMES HUME Note: New trailer for MT55 Bobcat Line Description Quantity UOM Unit Price Extended Ordered Price Big Tex 50LA-10 trailer 1 LOT LS 2,600.00 per 5-8-12 quote Attn: Paul Zuhlke Dept: Natural Resources Deliver trailer & title documents to: Fleet Main Shop, 835 Wood Street, Fort Collins 221-6613 Total $2,600.00 UInvoice 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 Fen Collin, is exempt from slate and hall tuxes. Oil, Exemptinn Number is 11. NONWAI VER. 98-04502. Federal Bow Tax Exemption Cenifontc of Registry F4-00005R7 is registered with the Collector of Failure of the Purchaser to rosin npnn strict pafomance of the terms and conditions hercef. failure or delay to Internal Re%coue. Denver. Colorado (Rcf. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a), cscrcisc any rights or mrac dics pmrided herein or by last failure to promptly notify the Seller in the cvcnr of a breach. the acceptance of or payment for goods hereunder Or approval of the dmgn, 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 namnties or obl igatioms of this purchase order and shall not be deemed a waiver of any right of the damage in transit. may be returned to you for credit and arc not In be replaced except filler receipt of written purchaser to insist upon strict per gnome, hereof or any of its rights or reined ics as to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received Or ncceptc d. a, to any prior or subsequent default hereunder, nor shall any pugonol amp modif cation or rescission of this purchase order by the Purchaser operate as a waiver array of the terms Inspection. GOODS are subject to the City of Too Collins inspection can arival. hereof. Final Acceptance. Receipt of the merchandise. services or c,,ripmenf in response to this Order can result in 12. ASSIG N M ENT OF A NTITR UST C LA I M S. anthonzed payment On the part Of the City Of Fort Collins. However. it is to be understand that FINAL Seller and the Purchaser recognize fill in retied economic practice, nvercharges resulting from ,rtimrl ACCEPTANCE is dependent upon completion ofall applicable required inspection proceadurcs. violations arc in fact fine by the Purchases Theretofore. for good Cause and as considermina for executing this purchnsc order, the Seller hereby nssign,s to the Purchaser any and all claims it may nosy have or hereafter Freight Temis. Shipnmots must be F.O.B., City of Fort Collins, 7M) Wood St. Pon Collins, CO 90522, unless acquired! under federal Or suite reilrom laws for such nvercharges rcluing to the particular ponds or services otherwise Specified on this order. If permission is given to prepay freight and charge separately, the original &eight purchnxed or acquiretl by the Purchaser parsnnt In this purchase order. bill neat accompany invoice. Additional charges for packing wild not be accepted. 13. PURCIIASFRS PERFORMANCE 017 SELLERS OBLIGATIONS. Shipment Distance. Where manufacmmrs have distributing points in varime, pans of the country, shipment is Tribe Purchaser directs the Seller to correct nonconfa young or defective goods by a date to he agreed upon by the expected from the nearest distribution point to destination. and excess freight will be deducted from Invoice when Purchaser rod the Sclleq and the Seller thereafter indicates its inability car unwidlingncss to comply, the Purchaser shipownt, are made gram greater distance. may cause the work to be performed! by the most expeditious means available to it, and the Scllcr shall pay all costs ac,achicd with such work, Permits. Seller shall procure nt solders sole cost all accessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and roles ofthe state, munieip,,lity, tcrdnry ar political subdivision where the work is perfomed. or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seiler further agrees to held the City of Fort Collins hamtcss from and against all liability and doss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances. fides and requirements. Aulhonin lion. All panics to this contract agree that the representatives are. in fact. bama fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the teats and conditions stated herein set forth nail any supplementary or additional tears and conditions annexed hereto or incorporated herein by reference. Any additional er diffcrem terms and conditions proposed by Seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you canon make complete shipment to rarne on your promised delivery chiefs noted. Time is ofthe essence. Delivery and performance must he effected within the time staled on the purchase order and the documents attached hereto. NO acts Of the Parehamrs mcbtding, without lioutstion, acccplanee ofp anal date deliveries, shall operate as a waiver of this provision. !n the event of any delay. the Purchaser shall have. in addition to other Icg,,l and equitable rcowdies. the option afplacing this order elsewhere 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 are beyond in musoneblc control and withnuf its fault oV negligence. such acts of God, net, of civil or military authorities. governmental priorities. rims. Strikes, fund, epidanics, wars or rims provided that notice of the conditions causing such dclav is given to the Purchaser within five (5) days of the time when the Seller first received kmwledge thereof. In the event orally 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 want all that all grads, articles materials and work covered by this ender wild conform with applicable drawings. specifications. Samples and/or other descriptions given, will be rout for the p it rOcs 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 hmmlccs farm any loss, damage or expense which the Purchaser may suffer or incur on account ofthe Scllcrs breach of s,amnty. The Scllcr shall replace. repair or make good. without east to the purchaser. any defects or faults arising within one 0) year or within Such longer period of time a, may be pmsmibcd by law m by the toms orally applicable warn my provided by the Seller imT the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably dclayeA). resulting front imperfect or defective work done or materials furnished by the Scllcr. Acceptance au use of goods by the Purchaser shall not constitute a waiver ofany claim under this warm. my. Except as otherwise provided in this purchase order. the Sellers liability hereunder shall extend to all damages prosimately caused by the breach crane Of the fiamgma, wummics or guanntecs, but Stich liability shadl in no event include piss ofpmfits Or loss 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 terms by written change ostler. 5. CHANGES IN COMMERCIAL'IERNS. The Purchaser may make any changes to the terms. other than legal terms, including additions to or deletions foam the gnnntities originally ordered in the specifications or drawings, by verbal or onfica change order. If any ,such change affects the imuum due or the time of performance hereunder, an equitable adjustment shall be made. fi. TERMINATIONS. The Puwhascr may at any time by written change order, terminate this agreement is to any or all portions of the ,cods then not shipped. Subject to any equitable adjustment bctu'mn the panics as to any work or materials tlwn in pragres provided that the Purchaser shall not be liable for any claims for anticipated profits can the uncompleted portion of the goods and/car smrk, for incidental or consequential damages. and that no such adjustment be made in favor critic Seller with respect to any good which are the Sellers standard stock. No such termination shall relieve the Purchaser or thc Seller crafty of their obligations as to any ponds delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adinstmcat must be asserted within thirty (30) days fmm the date the change car termination is ONcrcd. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold heramder shall have been pmduced, sold, delivered ,all Varnished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such drcuments as may he required to effect or evidence compliance. All laws and regulations required to be imurpomted in agreements of this character are hereby incorporated herein by this reference. 9'he Seller agrees to indemnify and hold the Purchaser harmless fmm all costs and damages suffered by the Purchaser is a result of fhc Scllcrs failure to comply aith such Inc. 9. ASSIGNMENT Neither party ,hall rssign, transfer. ar convey this order, or any monies due or to becnom due hereunder without flue prior written consent of the other parry. 10. TITLE. The Scllcr uarmnt, fill, clear and unrestricted title lathe Purchaser total] equipment materials, and items furnished in performance of this agreement. free and clear of anv and all liens, restrictions, mwn'afions, Security interest encumbrances and claims of others. The Seller shall relcrse the Purchaser and its contractors of any tier from all liability and claims of any nature resulting (rain the performance ofsuch work. This release shall apply even in the cvcnr of fault of negligence of the party released and shall extend to the directors, officers and employees ofsuch many. The Scllers conuxchtal obligations. including warmer'. shall not be decreed to be reduced, in any way. because such work is performed or caused to he perfomed by the Purchaser. 14. PATENTS. NImnever the Seller is required to use any design, dew ice material or process covered fiv letter, patent, trademark or copyright, rho Seller Shall indemnify and save harmles the Purchaser from any and all claims for infringemmnt 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 may be abligod to paw by reason of such infringement at any time during the prnceminn or after the completion of the work. In case sud equipment. Or env part thereof or life intended use of the goods, is in such Snit held to constitute infringement and the uw of said equipment Or part is enjoined, the Scllcr shall, at its awn expense and at its Option, either procure far the Purehnscr the right to continue using said equipment or pure, replace the same with substantially equal but noninlringing egnipnrenl, or modify it so it becomes noninlringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make on assignment for the hencht of cOx itars, appoint a receiver or trustee for any of the Sellers property or business, this ostler mar forthwith he canceled by the Parehr,cr withmt liability. 1 b. GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the rights ofell panics hereunder shall he construed under and govcmcd by the Imes Of the State of Colmal USA. The following Additimual Conditions apply only in cases where the Scllcr is to perform work hereunder. including the services ofScllcrs Representetive(s), on the premises ofother. 17. SELLERS RF_CPONSIBILI'ry. The Seller shall carry on Said work at Seller's own risk until the same is fully completed and accepted. and shall. in case OF any accident destruction or injury m the wink and/or materials before Seller, fnnl completion and acceptance, complete the work if Scllcr's a%%n expense and to the satisfaction of the Purchases When materials and cquipmcnt are fhrnished by others or insmllmion or erection by the Seller. the Seller shall mccKc. unload, store and handle came at rile site and become mspnnsiblc therefor as though such materials and/or cquipmcnt were bring furnished by (lie Seller under the order. 18. INSURANCE:. The Seller shall, m hie awn,,Pens,, provide for file payment efworkcm cmmpensntion, including occepatimul disease benefits, to its empinyces cnpinyrd can Orin connection with the work covered he this purchnsc order. andlor to their dependenk in accordance with the Imes of the state in which the work is to he done The Seller Shall also tarty comprehensive general liability including. but not limited to, craurectuxl and nutonnbile public rahaity' in,manc, .with bodily injury and death fora, out least S300.0110 for rov noc person. $502000 for one one accident and pmpcny dmnnge limit per accident of S400.000. The Seiler shall Iikwvisc require his contractors, if any, to pmvide for such compensation and insurance Before any of the Scllcrs Or his contractors employees shall do any work upon the premiss, of ethers, the Seller shall furnish the Pomhnscrwith a certificate that such conmpensation and insurance have been provided. Such ecr ificaMs shall spccilv the date when such compensation and insurance have been mmvidcd. Such eenificatcs Shall specify the date when such compensation ,,ad insarmncc expitcs. The Scllcr agrees that such compensation and insurance shall be maintained told after the entire work is compleed and accepted. 10. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller herehy assumes the entire responsibility and liahilior for anv m„ and all damage, leor utility ofane kind er nature u'hmsnever to persons ar property caused by Or rewdtin, from the execution ofthe work pmrided for in this purchase onicrror in connection herem ith. The Seiler will indemnify and hold hnrndess the Purchvrr and any or all of the Purchasers otfiecr. agents and emplOyxas from and against am, and all claims, losses, damages. charges or expenses. whether direct or indirect and whether to persons or property to which the Parchawr may be lam or Object by reason Of any cad, action, neglect, emission Or default en the an Of the Seiler, any Of his eommdon, or any of the Scllcr Or contractors affects, agents or employees. In ease any snit Or Other proceedings shall be brought against the Purchaser, or its officers. agents Or employees at any lime on account or by reason of any acl, action, neglect ounsvon or default of the Seller Offaly of his contractors or any of its or their officers, agents or employee, as rforcsrid, the Seller hereby agrees to assume the defense thereof and to defend the Same at the Seller' inn expense, to pay any and all costs, charges, attomeys Ices and other expenses, any and all judgment, that oily be insured by or obtained against the Purchnso or any of its Or their offices, agents at empinyces in such Suits or other proceedings. and in case judgment Or Other lien he placed upon Or Obtained against the pmperty Of the Purchaser. or said parties in or as a restdl of such suits or other proceedings. the Seiler will al Once cause the same to be diuohed and discharged by giving bond or others, ise. The Seller and his contractors Shall take oil ,,,rely precautions. Furnish and install all guards necessary for the prevention Of oneidems, comply with all laws and regWaions with regard to safety including. but without limitation. the Occupational Safety and lhealth Act of 1970 and all rule, and regulations issued pursuant thomm. Rcvisod 0312010