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HomeMy WebLinkAbout113595 SHERMAN & REILLY INC - PURCHASE ORDER - 9122815City of art Collins PURCHASE ORDER Date: 05/16/2012 Vendor: 113595 SHERMAN & REILLY INC PO BOX 11267 CHATTANOOGA Tennessee 37401-2267 PO Number Page 9122815 1of2 This number must appear on all invoices, packing slips and labels. Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 05/16/2012 Buyer: JAMES HUME Note Line Description Quantity UOM Unit Price Extended Ordered Price Rebuild an existing ATCC-3 1 LOT LS 15,000.00 "Puppy Dawg" pulling machine Attn: Paulette Huddleston 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 W1I111I117 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Ternls and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions fly statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-0H502. Federal Eseiae Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure ofthe Purchaser in insist upon strict performance of the terms and conditions hereof. failure or delay to Internal Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (m. cxcrcisc any rights or remedies provided herein or by law, failure to promptly notify the Seller in the fiend of a breach, the neceptnnce of or payment for good hereunder or approval ofthe design, shall not rticase the Seller of Goods Rejected. GOODS REJECTED due to failure to meet sp n ifieations, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit may be retuned to you for credit and arc not to be replaced except alien receipt of written purchaser to insist upon strict performance herenfor env of its rights or remedies as to any such goods, regardless instructions form the City of Fon Collins. of when shipped, received or accepted, as to any printer subsequent default hereunder, nor shall any purported on] modification or rescission of this purchase order by the Purchaser operate as a ..'elver ofany ofthe terms Inspection. GOODS arc xubilect to the City of Fort Collins inspenion an arrival. hermf. Final Acceptance. Receipt of the merchandise. services ar equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Tom Collins. However, it is in be understood that FINAL Seller and the Purchaser recognize that in rental economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion off]] applicable required inspection procedure. violations are in fuel borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purcha,c order, the Set),, herfby cosigns in the Purchaser any and all claims it may nmv have or hereaffer Freight Terms. Shipments must he F.O.N., City of Fort Collins, 700 Wood St.. Fen Collins, CO 90522, unless acquired under federal or state antitrust Imes for such overcharges relating to the paniculor goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase enter. hill must accompany invoice. Additional charges for packing will not he accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufnehlrem have distributing points in various pans of the country, shipment is I f the Purchaser directs the Seiler 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 he deducted from I ... ice when Purchaser and the Scllcr, and the Scllcr thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Permit., Seller shall procure at sellers sale cost all necessary permits, certificates and Iiccatcs required by all applicable laws, regulations. ordinances and rates of the state. municipality, territory or political subilivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller forthcr agues to hold the City of Fon Collins hamdess from and against all liability and Ins, incurred by them by reason of an asserted or esnblished fintation of any such laws, regulations, ordinances, rules and requirements. Aulhnnzalum. All panics to this contract agree that the repres.cnhtives are. in fat, bona fide and possess full and complete authority to bind mid parties. LIMITATION OF TERMS. This Purchase Order esprec ly limits acceptance to the terms and conditions stated herein set fnnh and any supplcmcamry or additional tans and conditions annexed hereto Or incorporated herein by reference. Any additional or different toms and conditions pmpnscd by seller am objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment in arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase under and the documents attached hereto. No act of the Purchascrs including, without limitation, acceptance of partial late deliveries. shall opcone as a waiver of this prevision. In the event ofany' delay, the Purchaser shall have, in addition mother legal and equitable remedies, the option of placing this onler elsewhere and holding the Seller liable for damages. Howcrer, the Scllcr shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and withmn its fault ofacgliget cc, such act, of God, acts ofcivil or military authorities governmental priorities, fires. strikes food, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within flee (5) day, of the time when the Seller first received know4edge thereof. In the event of any such del ay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. t. WAR RANTY. l'he Set let is amnts that all goods. articles materials and work covered by this order will conform with spplicabdc 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 ,a ndird, for work Of a similar nature. The Seller agrees to hold the purchaser hamlet from an, loss, damage or capen,c which the Purchaser may suffer or incur on account of the Sellers breach of arrant,. The Scllcr shall replace, reps it or make good, 0ithout cost to the purchaser. any defect or faults arising within one (1) vcar or within such longer period of time as may he pm.ribsd by taw or by the term ofany applicable warrants provided by the Seller aher the date of acceptance of the goods famished hercura er (acceptance not to he "emasonabty delayed), tau ll ing from inuNrfcct or defective n'ork done or materials famished by the Seller. Acceptanceoruse of grads by the Purchaser shall not constitute a waiver ofany claim tender this warmary. Except ns otherwise pmvidcd in this purchase order, the Seller, I rhility hereunder shall cannel to all damages proximately caused by the breach of any of the foregoing a:am mics or guarantees, but such liability shall in no event incttdc loss of profits or Ins., of use, N0 IM I'LI ED WA RRA N'rY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SI IA 1.1. APPLY. 4. CHANCES IN LEGAL TERMS. The Purchacrs may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including addilimas to Or deletions front she qunmirie, originally ordered in the specifications or drawings. by verbal or written change ooler. If any such change affects the amount duc or the time ofperformance hereunder. an equitable adjustment shall be made. fi. TERMINATIONS. The Purchaser may at any time by wrincn change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable ndjustmcnt between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated pmlils on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor ofthe Seller with respect to any Foods which arc the Scllcrs standard stack. No such termination shall relieve the Purchaser Or the Seller ofany oftheir obligations as to any gtxeit delivered hercunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assencd within thirty (30) days from the date the change or teminution is ordered. A. COMPLIANCE WITH LAW. The Seller warm, ins that all goods sold hereunder shall have been produced, sold, delmercd and furnished in strict compliance with all applicable lams and regulations to which the goods arc subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws land regulations required to be incorporated in agreement of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result ofthe Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, Or convey this order, or any ninnies due or to become due hereunder wilhout the Prior wrincn consent of the other parry. 10. TITLE. The Seller warrants full, elect 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 lien,, restrictions, reservations, security interest encumbrances and claims of athen. The Seller shall release the Purchaser and its contractors of rev net from all linbilipand claims of any nature resulting from the perfomnnce ofsueh work. This release shall apply even in the event of Fault of negligence of the parry released and shall extend to the directors, aRmcm and employees of such party. The Seller's contractual obligations, including eammy. shall not be deemed to he nduad, in any way, heemlor such work is performed or caused to be perfomed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device. material or process covered by letter, patent, radcmark Or copyright, the Sellershall indemnify and save hamlcss 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 contract, and shall indemnify file Purchaser for any cost, expense or damage which it may be obliged to pay by nnson ofsuch 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 mid equipment or pan is enjoined, the Seiler shall, at its corn expense and at its option. either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal bill noninfringing equipment or modify, it so it bx,omes noninfringing. 15, INSOLVENCY. If the Seller shall bceomc insolvent or bankrupt, make in assignment for the benefit of creditors, appoint a receiver or trustee for any of the Seller, property or business, this order may forthwith he canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of tcros used m the interpreclion ofthe agreement and the rights of all parties hereunder shall be constnmd under and governed by the laws ofthe State of Colomdn, USA. The following Additional Conditions apply only in cases where the Seller is to perfom work hereunder. including the services ofSellers Reprcmntalive(s). on the premises of mhcrs. 17, SELLERS RESPONSIBILITY. The Seiler 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 to the work and/or ... trends before Scllcrs Baal completion and acceptance, complete the work at Scllcrs own expense and to the satisfaction ofthe Purchase, When materials and equipment arc furnished by others for installation or crcclion by the Seiler. the Seller shall nccive, unload. store and handle same in the sale trod become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. I A. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits. to its employees employed on or in connection with the work favored 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 genial liability including, but not limited m, contractual and automobile public liability instanter with bodily iaja yy and devnh Imal, of rat lead 5300,000 for any One person. S500,000 bar any one accident and property damage limit per accident of S400.000. the Seiler shall likewise require his comnnms, if any, to provide for such compensation and insurance. 13CIOTC any of the Sellers or his contractors employees shall do nny work upon the menuses ofothers, the Seller shn11 furnish the Purchaser with a eertifieec that .such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurnncc have hall provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the coin work is completed and accepted. in. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby as,umcs the entire responsibility and liability far any and all damage In. or injury ofany kind Or nature whatsoever to persons or progeny caused by or resulting From the execution ofthe work pmvidcd 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 front and against any and all claims, losses, damages. charges Or expenses, whether direct Or indirect, and whether to Persons or progeny to which the Purchaser may be put or subject by reason of any act, action. neglect, omission or dc0ndt on the pan of the Scllcr, any of his contractors. Or any of the Sellers or contractors officers, agents or employees. In ease any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason ofany act action. neglect, omission or default of the Seiler 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 min expense, to pay any and all costs, charges, atiomcys Ices and other expenses. any 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 porpmy of the Purchase, or said parties in or as a result of -such snits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seiler and his contractors shall take all safety preecnions, furnish and install all guards necessary for the prevention of necidents, comply with all lows and regulations with regard to safety including, but wilhout limiatinn, the Occupational Safety and Ilcallh Act of 1970 and ull mles and regulations issued pursuant thereto. Revised 03/2010