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HomeMy WebLinkAbout104592 MAXEY COMPANIES INC - PURCHASE ORDER - 9123159City of wort Collins Date: 05/30/2012 PURCHASE ORDER Vendor: 104592 MAXEY COMPANIES INC 2101 AIRWAY AVE FORT COLLINS Colorado 80524-2713 PO Number Page 9123159 1 012 This number must appear on all invoices, packing slips and labels. Ship To: NATURAL RESOURCES CITY OF FORT COLLINS 200 W. MOUNTAIN FORT COLLINS Colorado 80521 -rKV . '110 - ta-r4 , /) 0 I C h Il Delivery Date: 05/30/2012 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2 ea - CM Model PL Bed 1 LOT LS 12,760.00 Standard Duty per quote dated 5-25-12, Attn: Paul Zuhlke Dept: Natural Areas Install the following options: Pintle plate Ranch Hand Bumper Warn XD9000 Winch Total: $6,380 each Flatbeds to be mounted on 2012 F350 DRW chassis, 60" CA, on order from Spradley Barr, Fort Collins Coordinate body installation with the Fleet Main Shop, 221-6613, Joe or Eric. U 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: $12,760.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Teals and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By Statute the City effort Collins is exempt from state and local tasc.0ur, Exemption Number is 11. NONWAI VER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 94-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hcrcof, failure or delay to Internal Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a), exercise any rights or remedies pmvided herein or by law. failure to promptly notify the Seller in the event of u breach, the acceptance of or payment for good., hereunder or approval of the design. 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 warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit. may be reamed to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hcrcof or any of its rights or remedies as to any such goods, regardless in ttainns from the City of Fort Collins. of when shipped, received or accepted, as to any prier or subsequent default hereunder, nor shall any purported am[ modification at rescission of this purchase order by the Purchaser operate as a waiver of any of tim terms Inspection. GOODS are subject to the City effort Collins inspection no arrival. 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 pan 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 antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures, violations are in fact home 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 or hereafter 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 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 order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manuL corers have distributing points in various parts of the country. shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a dare to be 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 (hereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distance. may cause the work to be perforated by the most expeditious means available to it, and the Scllcr Shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cost all necessary pemits, certificates and licenses required by all applicable laws regulations ordinances 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 vendor. Seller further anees to hold the City of Ton Collins harmless man and against all liability and loss incurred by them by mason of an is cried or established violation of any such laws, regulations, ordinances, roles and requirements. Anthori,ation. All parties to this contract agree that the representatives are, in fact. bona fide and possess full and complete authority to bind said panics. 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 herein or incorporated herein by reference. Any additiennl or different terms and conditions proposed by Seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to 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 order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a wniver of this provision. In the event of any delay. the Patch ... r shall have, in addition to Other legal and equitable remedies, the option ofplxcing 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 arc beyond its reasonable control and without its fault of negligence. such acts of God, acts ofcivil or military authorities. governmental priorities. fires. strikes, Boor, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Pumhascr within five (5) days of time when the Seller first rcccived 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 good, articles, materials and work covered by this order wilt confnm with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of cam and competence in accordance with accepted Standards fur work of a similar nature. The Seller agrees to hold the purchaser harmless front any loss damage or expense which the Rttchascr may surfer or incur on account of the Sellers breach of wamnty. The Scllcr shall replace repair or make good, without cost to the purchase..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 ofany applicable wmmtity provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting fmm imperfect or defective work done or nmteruds famished by the Scllcr Acceptance Or use of goods by the Purchaser shall net constitute a wean cr ofanv claim under this w:amnty. Except as Otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages pmxinatcly caused by the breach of any Of the foregoing warranties or guarantees, but such liability shall in no event include loss ofprofis at 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 tans by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms. other than legal teats, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or .mitten change order. If any soh change affects the amount due or the time ofperformance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change Orden terminate this agreement as to any or all portions of the goods then act shipped, subject to any equitable adjustment between the panics as to any work or materials then in pmgress provided that the Purchaser Shall not be liable for any claims for anticipated profits on the uncompleted portion Of the goods and/or work. for incidental or consequential damages, and that no such adjustment he made in favor of the Seller with respect many gads which arc the Sellers standard stock_ No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goats delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most he asserted within thirty (30) days from the date the change or termination is Ordered. R. COMPLIANCE WITH LAW. The Seller marmots 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 arc subject. The Seller shall execute and dcIbcr such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this mfiercrec. The Seller agrees to indemnify and hold the Purchaser hamiless fmm all costs and damages suffered by the Purchaser as a result of the Scllcrs failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer. or convey this order, or any monies due or to bemnte due hereunder without the prior written consent of f is other party. 10. TITLE. The Seller wamnts full, clear and unrestricted title 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 of others. The Seller shall release the Purchaser and its contractors of any tier form all linhiliry and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, oRcers and employees of such party. The Seller's contactual obligations, including warranty. shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device. material or process covered by Icner, patent, hadcmark or copyright, the Seller shall indemnify and Save harness the Purchaser from any and all claims for infringement by reason of the use of such p oymul design, device, material or pmccss in connection with the contact. and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason ofsach infringement at any time during the prosecution or after the completion of the work_ In ease 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 part 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 pars, 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 bankrup, make an assignment for the benefit of creditors, appoint a receiver or trustee 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 terms used or the interpretation ofthe agreement and the rights of all parties heaundersh ill be eopyried under and governed by the laws of the State of Colomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the Scrvicca of Sellers ReT resentative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. 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 to the work and/or materials before Seller's final completion and acceptance, complete the work at Sellers no expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seller, the Seller .shall 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, IR. 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 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 at least S300,000 for wry one person, S500.000 for any one accident and property damage limit per accident of S400.000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Ddbrc any of the Sellers or his contractors employees shall do any wok upon the premises of others, the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have been pmvided. Stich certificates shall specify the date when such cnmpensation and insurance have been provided. Such cenificate shall specify the date when such compcnnntion and insurance expires. The Sclier 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 hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind or nature whatsmver to persons or property caused by or resulting from the execution of the work pmvided far in this purchase order or in connection herewith. The Seller will indemnify and hold hamles the Purchaser and any or all of the Purchasers officers. agents and employees fmm and against any and all claims, losses, damages, charges or expeuces, whether direct or indirect and whether to persons or property to which the purchaser any be put or Subject by reason 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 affects, agents or employees In case 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 of any act. action, neglect, omission or default of the Seller of any of his contractora 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 own expense, to pay any and all costs, charges, annmcys fees 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 he placed upon or obtained against the property of the Purchaser, or said panics in or as a result ofsuch suits or other proceedings. the Seller will at once cause (lie same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take 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. bar without limitation, the Occupational Safety and Health Act of 1970 and all mles and regulations issued pursuant thereto. Revised 0312010