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HomeMy WebLinkAbout106898 FARIS MACHINERY CO - PURCHASE ORDER - 9141482PO PURCHASE ORDER 914148er Page C117/ of PURCHASE 41482 ' of z �'f Collins` hisnumbermustappear V ` �7 on all invoices, packing sli s and labels. Date: 03/11/2014 Vendor: 106898 FARIS MACHINERY CO 5770 E 77TH AVE COMMERCE CITY CO 80022-1044 Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 03/10/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price I COMPUTER SOFTWARE GRANITENET SOFTWARE UPGRADE City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fogov.00m 1 LOT LS 74,300.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By stature the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado Had, Colorado Revised Statutes 1973, Chapter 39-26, 114 (a), Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped of due to defects of damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written indications from the City of Fon Collins. Inspection. GOODS are subject W the City of Fort Collins inspector m arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can esult in authorized payment on the pan of the City of Port Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion oral[ applicable required inspection procedures. Freight Torras. Shipments must be F.O.B., City of Pon Collins, 000 Wood SL, Fort Collins, CO 80522, unless otherwise specified on this code,. If permission is given to prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges for Packing will not be accepted. Shipment Distance. Where manufacturers have dismbuting points in various parts of the country, shipment is expected from the nearest insinuation point to destination, and excess freight will be deducted from Invaice when shipments are made from greater distance. Permits Seller shall proem, at sellers able coal all necessary permits, certifiaates and licenses required by all applicable laws, regulations, ordinances and tales of the slate, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public auth.nry having jurisdiction over the work of vend.,. Seller grain, agrees to hold the City of Fog Collins harmless from and Woman all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, tales and requirements. Authorization. All partied 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 Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terns and conditions annexed hereto or inmHmrmad herein by reference. Any additional or different In— and conditions proposed by seller am objected to and hereby injected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as nosed. Time is of the essence. Delivery and performance must be effected within the time stared on the purchase order and the documents attached hereto No acts of the Purchasers including, without Imitation, acceptance ofpaaiol late delomics, shall opcoal, as a waiver, of ibis provision. In rue event of any delay, the Purchaser shall have, in addition I. other legal and equitable renmdies, the option writers, this Wier elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays doe to causes nor reasonably foreseeable which are beyond its reawrmble control and without its fault of negligence, such acts of God, acts ofcivil or military authorities, governmental priorities, fires, sttikes, flood, epidemics, wars or nets provided Unit notice of the conditions wising such delay is given to the Purchase within Eve (5) days of the time when the Seller ❑ st received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for period equal W the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants gut all goods, articles, materials and work covered by this maker will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the puryoses intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seiler agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may sufferer incur on account bf the Sellers breach of wmmmy. The Seller shall replace, repair or make good, without cost to the purcheseq 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 of my applicable warranty provided by the Seller after the data of acceptance of the goods famished hereunder (acceptance not to be unreammbly delayed), resulting form important or defective work dead in materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any maim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties 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 SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make may changes to the terms, other than legal terns, including additions to or deletions from the quantities originally ordered in the SpeaIDratlons or drawings, by verbal or written change order. If any such change affects the amount due or the time ofperfomsanee hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by women alsome order, terminate this agreement as to any or ail portions of the goods then not shipped, subject W any equitable adjmtment between the ranges as to any work or materials their in progress provided that the Production shall not be Gable for any claims for anticipated profits on the uncompleted portion ofthe goods and/or work, for incidental or consequential dunrams, and Thal no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any ofth,n obligations as to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict ompliancd with all vpphcable laws and regulations to which the goads are subject. The Seller shall exewW and deliver such documents as may he required to effect or evidenm rw,IiW,d. All laws and regnlmionsr, .load W be incoporated in agreements of this charterer we hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all casts and damages suffered by the Purchaser as a result of the Sellers f rilum to comply with such law. 9. ASSIGNMENT. Neither pang shall assign, member, or convey this order, Or any monies due ono became due hereunder without the prior wren consent ofthe other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in performance of this aSredmemw, free and clear of any and all liens, res onions, reservations, eecumity interest encumbrances and claims ofotbers. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance ofthe terms and conditions hereof, failure or delay to exerise any rights or remedies provided herein or by law, failure to primary wor ry the Seller in the event of a breach the acceptance arm payment for goods hereunder or approval oftbe design, shall nor release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the mrchamr to insist upon shirr performance hereof or any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Professor Womte as a waiver of any of the terms hereof 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seiler and the Purchaser recognize chat in actual ecommic practice, ovide arges resulting Gam antitrust 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 my now have or hereafter acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Iffl a Purchaser directs the Seller to recover nonconforming or defective grads by a date I. be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Sella shall pay all cosrs cans Gated with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance of such work. This release shall only even in the cover of fault of negligence of the party released and shall extend to the directors, ofi can, and employees ofauch Patty. The Settees continental obligations, including womanly, 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 airy design, device, material or process covered by Icber, patent, trademark or copyright, the Seller shall indemnify and save harmless 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 commet, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by wawn of such infringement at any time during tlm interaction or alter the completion of the work. In case said equipment, or any pact 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 pbcure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but remonfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or costae for any of the Sellers property or business, this order may forthwith be canceled by the Pvrehasa without liability. 16. GOVERNING LAW. The definitions aftmms used or the interpretatim ofthe agreement and the rights of all parties hereunder shall be construed under and governed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in bases where the Seller is to perform work hereunder, including the services of Sellers Representative(s), on be premises croakers. 12 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 se of any amident, destruction or injury to the work and/or materials before Sellers final completion and ceWhi complete the work at Seller', own expense and to the satisfire ire of the Produced. When materials and equipment are famished by others for installation or ,reeribn 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 went being famished by the Seller under the When. 18. 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, andir to their dependents in accordance with the laws of the slate 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 liebiliry in with nobly injury and dram limits arm least Sunburn for any o e union, $500,000 for any one accident and property damage limit per accident of $400,000. The Seller shall likewise require his contractors, if any, to provide for saeh compensation and insurance. Before any of the Sellers or his caniturors employees shall do any work upon the premises of others, the Sella shall furnish the Pumha d, with a edi ificme that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when mch compensation and insurance expires. The Seller agrees that such compensation and insurance shall be mrinrainM until net the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire cop.mdbility and liability for any and an damage, loss or injury ofany kind r 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 r all of the Purchasers olEcers, agents and employees from and against any and all claims, lasses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the part of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees In case any suit or other proceedings shall be brought against the Purchaser, or its oHleers, 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 contractors or any of its or their officers, agents or employees ew aforesaid, the Seller hereby agrees to assume Re defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, numbly, fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or my of its or then officers, agents or employees in such .it, or other proceedings, and in ease judgment in other lien he placed upon or obtained against the property of the Purchaser, or said parties in or re a result of such 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 contactors shall take all safely precautions, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 aM all roles and regulations issued pursuant thereto. Revised 03/ 010