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HomeMy WebLinkAbout104592 MAXEY COMPANIES INC - PURCHASE ORDER - 9123025PO PURCHASE ORDER 912302er Page City of PURCHASE 9123025 t of z ' `t Collins I I n C This number must appear ` \I " �7 on all invoices, packing slips and labels. Date: 05/2312012 Vendor: 104592 Ship To: ELECTRIC UTILITIES MAXEY COMPANIES INC CITY OF FORT COLLINS 2101 AIRWAY AVE 700 WOOD ST FORT COLLINS Colorado 80524-2713 FORT COLLINS Colorado 80521 Delivery Date: 05/23/2012 Buyer: JAMES HUME Note: Line Description Quantity Ordered UOM Unit Price Extended Price CM Model PL Bed Standard Duty 1 LOT LS 3,625.00 w/optional pintle plate per quote dated 5-10-12, attn: Paul Zuhlke Dept: Electric Utility Total Invoice 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 Tcrrns and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fog Collins is exempt form state and local taxes. Our Exemption Number is 99-0,1502, Federal Excisc Tax Exemption Certifiate of Registry 94-000587 is registered with the Collector of Internal Revenue. Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). Goads Rejected. GOODS REJECTED due to (failure to meet specifications, either when .shipped or due to defects of damage in transit, may be returned to you for credit and arc not to he replaced except upon receipt of wrinen insmmtions fmm the City of Fog Collins. Inspection. GOODS am subject to the City effort Collins inspection an agival. 11. NONWAIVER. Failure of the Purchaser to insist upon .cnict Performance of the toms and conditions hereof. failure or delay to exercise any right,% er remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance efor payment for goods hereunder or approval ofthc design, shall not release the Seller of cow of the wamntics or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon .strict performance hereoforany of its rights or remedies a%forge such goods, regardless of when shipped, received or accepted. as to any prior or subsequent default hereunder. not shall any purported and modification or reseissinn of this purchase order by the Purchaser operate as a waiver of any of the rams 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 part 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 antitmst ACCEPTANCE is dependent open completion ofall applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore, for grad 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.B., City of Fan Collins, 7M Wad St_ Fort Collins, CO 90522, unless acquired under federal or state antitmst laws for such overcharges relating to the particular 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 ent bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is If the Purchaser directs the Seller to correct nonconftming or defective gads 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 and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply. the Pnrchnscr .shipments arc made Tom greater distance. maw cause the work to be performed by the most enpcditinus means available to it, and the Scllcr shall pay all costs associated with such work_ Pertains. Seller shall procure at sellers sole cat all necessary permits. certificates and licenses required by all applicable laws, regulations. ordinances and mlcs 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 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 csiablishcd violation of any such laws, regulations, ordinances, rules and requirements. Authorization. All patties to this contract agree that the representatives are. in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Pumhase Order expressly limits acceptance to the terms and conditions .stated herein set forth and any supplementary or additional more, and conditions annexed hereto or incorpromed herein by reference. Any additional or different terns and conditions pmpescd by Seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to active on your promised delivery date as noted. Time is of the essence. Delivery and perfomanee 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 ofpartiad late deliveries, shall opemtc as n waiver ofthis provision. In the event ofany delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsew'herc and holding the Seller liable for damages. Hime,et the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable central and without its fault ofnegligenec .such acts of God acts efcivil or military authorities, f ovemmmmml priorities, fires, strikes, flood, epidemics cursor rims 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 rccci%ed 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 goads, articles, materials and weak covered by this order will conlnm with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of Fire and competence in accordance with accepted standards for cork of a similar nature. The Seller agrees to hold the purchaser harmless, fmm any less, damage or expense which the Purchaser may suffer or incur net account of the Sellers breach of wamnty. The Seller shall replace, repair or make good, without cost to the purchaser. any defects at 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 warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting front imperfect or defective work done or materials furnished by the Scllcr. Acceptance or use of goads by the Purchaser shall not constitute a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all demoges proximately caused by the breach of any of the foregoing w'agantics or 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 SHALT. APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal toms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes In the gems, other than legal temx, including additions to or deletions fmm the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time of perfomanee hereunder, on equitable adjustment shall be nude. fi. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all pngions of the goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted Portion of the goods antler work, far incidental or consequential damages, and that no such adjustment be made in favor of The Seller with respect to any goods which arc the Sellers standard stock. No Such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hercunda. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjument must be mooned within thirty (30) days from the date the change or termination is ordered. 9. 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 execute and deliver such documents as may be required to effect or evidence complinacc. All laws and regulations required to he 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 coffered by the Purchaser es 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 wrinen consent ofthe other parry. 10. TITLE. The Seller wamnts full, clear and unrestricted title to the Purchnsr 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 others. The Seller shall release the Purchaser and its eounictnrs of any tier from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fiudt of negligence of the party released and shall extend to the directors, olreersand employees of such party. The Seller's coninchml ohligalinns, including wamnty, shall out be deemed to be reduced, in any way, beef,,,, such work is performed at caused to be performed by the Pumhnscr. 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 hamdcss the Purchaser form 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 the Purchaser for any cost expense or damage which it may be obliged to pay by reason of such infringement at any time during The prosecution or after the completion of the work. In ease said equipment or any pan thereof or the intended use of the goods, is in such suit held to constitute 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 Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but nnninfringing equipment, or modify it so it becomes mninfringing. 15. INSOLVENCY. If the Seller shall hceonm insolvent or bankmpl, mnke an assignment for the benefit of creditors. appoint a receiver or tone 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 interpretminn ofthe agmemcnt and the rights of all panics hereunder shill be constrood under and 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 xeniccs of Scllcr Rcpresentatise(s), on the premises o'othcrs. 17. SELLERS RESPONSIBILI'TV. The Scllcr sball carry on said work at Scllcrs own risk until the smne is fully completed and accepted, and shall. in case of any accident. destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are btrmslcd by others for installation or erection by the Seller, the Seller shill receive, unload. store and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. I S. INSURANCE. The Seller shall, at his own expense. provide for the payment of workers compensation, including occupational disease benefit,. to its employees employed on or in connection with the work covered 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 general liability including, but not limited to. contractual and automobile public liability insurance with bodily injury .and death limits of ot lend S300.000 for any one person, $500,000 for any one accident and properly damage limit per accident of S4000TO, The Seller shall likewise require his conlracmr, if any. to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Scllcr shall furnish the Purchaser with a certificate that such compensation and insurance have been provided. Such ecrn icatcs shall specify the (laic when such compensation and insurance have been provided. Such cer tcs shall spocify the dale whin such wmpersation and insurance expires. The Seller agrees that such compensation and in%umnce shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby w,uracs the entire responsibility and liability for any and all damage, loss or injury ofany kind or nature xhalsocvcr to persons of property caused by or resulting front the execution ofthe 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, agent and employees fmm and against ary and all claims, dosses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may he put or subject by mama of any act action, neglect, omission or default on the pan of the Seller, any of his contractors. or any of the Sellers or contractors officers, agents or employees. In ease nay Suit or other Proceedings Shall be brought against the Pnrchnscr, or its nfiiccrs, 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 officers. agents or employees as aforesaid, the Seller hereby agrees to assume the defense thcrcnf and to defend the lime m the Scllcrs own expense. In pay any and all costs, charges, attorney" fees and other expenses, any and all judgments that may be incurred by or obtained against The Purchaser or any of its or their olLcem, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed open or obtained against the Property of the Purchaser, or Said panics in or as a result of such suits or other proceedings. the Seller will at once cm,c the Same to he dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall lake all safety precautions, furnish and install all guards necessary for the prevention of ,accidents, comply with all Imes and regulations with regard to safety including, bra without Initiation. the Occupational Safcty;md Health Act o' 1970 and all mles and rcgu lotions issued pursuant thereto. RcviScd 03/2010