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HomeMy WebLinkAbout116519 MAXWELL PRODUCTS INC - PURCHASE ORDER - 9142210Fort Collins PURCHASE ORDER PO Number Page 9142210 1of2 This number must appear on all invoices, packing sli s and labels. Date: 04/18/2014 Vendor: 116519 Ship To: STREETS DEPARTMENT MAXWELL PRODUCTS INC CITY OF FORT COLLINS 650 DELONG ST 625 NINTH STREET SALT LAKE CITY UT 84104-3911 FORT COLLINS CO 80524 Delivery Date: 04/18/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 24,000 LBS NUVO CS-B @ $.53/lb 1 LOT LS 12,720.00 PER CDOT Pricing 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@fcgov.com $12,720.00 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 I. COMMERCIAL DETAILS. Tax exemptions. By mite the City of Too Collins is exempt from site and local taxes. Our Exemption Norma is 98-04502. Federal Excise Tax Extmpdon Certificate of Registry M-600058) is registeral with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Samtes 1973, Clupts 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet sperifications, either what shipped or due to defects of damage in transit, may the retuned to you for cradit and am not to the replaced except upon receipt of wrinm instructions Boom the City of Fort Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services or a.,Man in response to this aide, can result in authovN WMan our the pan of the City of Fort Collins. However, in is to he understood Nat FMAL ACCEPTANCE u dependent upon completion are]] appliable "tarn rl inspection p rmadurn. Freight Terms. Shipments must be F.0 B., City of Too Collins, 100 Wood St, Fort Collins, CO 80522, unless otherwise spccifu an this over. If permission is given at prepay freight and charge separately, the original freight bill must acompany invoice. Additional charges for picking will or be accepted. Shipment Drainage. Where manufamrers have distributing points in various puts of the country, shipment is exported from de, nearest drationown point at denigration. and excess freight will be deducted ham Invoice when shipments ere made from greater distance. Permits. Seller shall proem, at sellers sole cost all necessrry permits, ecnifcates and licenses required by all applicable laws, regulations, ordinances and mles of the state, m inicipaliry, territory or political subdivision where the work is perto med, or required by any other duly conslituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmlea from and against all liability and lass nc o d by them by reason of an acsened or established violation of any such lax,, regulmmus, odinances, roles and requirements. Ard-ramn.r. All parties to this contract cub that the represenmfiva ate, 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 state herein set Both and any supplementary or additional kris and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by Sella are objected or and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immuiately if you ..at make complete shipment to srive on yam promised delivery date as noted. Time is of the essence. Delivery and performance most be effected within the time stated on the purchase order and the documents attached hereto. No acts M the Purchases including, without limiwliuq aceptma of partial late delivaia, shall operate as a waiver of this provision. In the event of any delay, the Pumhaur shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Sella shall not be liable for damages as a result of delays den to cruses rim reasonably foretttable which are beyond its reasonable antral and withwt its rich of negligence, such acts of Goal, acts of civil or military authorities, governmental priorities. foes, strikes, fond, epidemics wars or riots provided that notice of the conditions am'iup such delay is given to the Purch our within five (5) days of the time when the Seller first received knowledge thereof In the event of any such delay, the date of delivery shall be extended for the period equal fo the time actually Ins, by reason ofNe delay. 3. WARRANTY. The Sella warrants that all goods, micles, materials and work covered by this order will conform with applicable duassings, specifications, samples anal order deuriptions linen. will be fil far Ne proposes, Intended, and performed with the highest degree of an and competence in acaMnnce with accepted waral ds for work of a -miler nature. The Sella agrees to hold the purchaser harmless from any lass, damage or expema which the Purchaser may suffer or incur on account of the Sellers breach clammily. The Seller shall replace, repair or make good, without cost to the purchaser, my defeat or faults arising within one (1) year or within such longer period Of time re may be prescribed by law or by the terms of my applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptaae rot to W unreasonably delayed), resulting from imperfect or defective work done or mageri Submitted by the Sella. Acceptance or use of good by the, Pumhaur shall not maximum a waiver of my claim under this wananry. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately coursed by the breach of my of hie foregoing warranties or guarantees, but such liability shall in no event include loss ofpmfts 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 my changes to the moves, other loan legal wrong, including additions to or delmons from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects floe amount due or the lime ofperimmew, hereunder, on aluimble adjustment shall he made. 6. TERMINATIONS, The Purchaser may at my time by women change older, termiiate this agreement as to my or all pinions of Ne good then nit shipped, subject to any equitable adjtatmmt bawecn hie parties is 10 my work Or mamnit s then in progress plavided that the Purchaser shall not be liable for my claims for mticipated pmfirs on the uncompleted portion of the good and'or work, for incidental or emsequemial damages, and that no such adornment ment be made in favor of the Seller with respell to any goods which are the Sellers standard clock. No such temucation shall relieve the Purchaser or the Seller crony of their obligations m to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be assened within thirty (30) days from the date the change or saturation is odered. 8. COMPLIANCE WITH LAW. The Seller ...Is that all goads said hereunder shall have been produced, sold, delivered and famished in mitt compliance with all applicable laws and regulations in which the good art subject. The Seller shall Omam and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to her incorporated in agreements of this charmrcr me hereby incoBommd herein by this reference. The Sella agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure as 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 written consent ofthe other puny. 10. TITLE. The Sella warrants full, clear and magradricted ode to the Purchaser for all equipment, mmerials, and items Banished in pandfirmaria of this agreement, free and clear of any and all liens, restrictions .'ago smuiry, moment encumbrances and claims of others. 11. NON WANER. Failure of the Farmhouse, to insist upon stria pcif... of the it. and mMitions hereof, failure m delay to exacia, any rights m remedies provided herein or by law, failure to promptly notify the Sella in the event of a h breacNe acceptance of., Psymatf far goods hereunder or approval ofNe design, shall trot belmse the Sella of any of the warranties or obligations of this purchase order and shall mr be changed a waiver of any right of the pumhaser to insist upon strip performance bereofor any of its rights or remuies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall my purported oil modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the rains hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Sella and the Purelation recognize that in acrual anrc omit practice, o ehes aBresulting from antitrust violations are m fame r boby Ne Purchaser. Thcrerofore,I., good onus 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 acquired ander mutual or mile 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. If the Purchaser directs the Sella to correct nonconforming or defective goods by a date to be agree upon by the pumhaser and the Sella, and Ne Sella thereaBa indicates its inability or uawillingcess to comply, the Purchaser may Huse the work to b, performed by the most expeditious memo available a it, and the Seller shall pay all costs assaciatu with such work. The Seller shall release the Purchaser and its emvactors of any tier tram all liability and claims of any nature moulting from the Ferranti io'such work. This mi. shall apply even in Ne every of fault of negligence of the parry released and shall extend to the directors, officers and employees ofsuch pony. The Sellars contactual obligations, including wor anry, shall not be deems 10 be reduced, in my way, because such work is performed or caused 1. be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required 1. use any design, device, material or process coverd by later, patent trademark or copyright, the Seller shall indemnify and save Farmlcs the Purchaser from my and all claims for infringement by reams of the use of such pa,amid design, device. material or process is carnation with the anmcl, and shall in leci ify the Purchaser for my cast, expense or damage which it trey be obliged to pay by ration ofsuch infringement at any lime during the prosecution or after the completion of the work. In case said sompmem, or any part theraf or the intended use of the Bowls, is in such suit held m constitute infdngement end the sett of mid equipment or pan is enjoined, the Seller shall, at its awn expense and at its option, ehbecprocum for the Purchaser the right to continue using said equipment or pans, replan the same with substantially equal but naninfringing equipment, or modify it g it becomes naninGnging. 15, INSOLVENCY. If the Seller shall became insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers pmpeny or business, this order may forthwith be canceled by the Purchaser, without liability. 16. GOVERNING LAW. The definitioms oftemts use or the interpremtion office agreement and the rights of all pities haemds shall be communist under and governed by the laws of the Slue ofCololado, USA The following Additional Conditions apply only in ressocs where the Seller is b perform work hseonder, including the services of Sellers Rep cunwtive(s), an the premises of others. C 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, is ax of any accident, dingroa m ar injury 1. the work and/or fiahria, before Sellers final completion and accepmnce, complete this, work at Sellerx own expense end 1i the satisfaction of the Purchaser. When materials and equipment art furnished by others far mutilation or section by the Seller, the Sella shall receive, reload, snort and handle same at the site and become responsible therefor as though such materials and/or equipment were being banished by the Sella undo the over. 18. INSURANCE. The Sella shall, to his own capping, provide for the payment of workers compensation, including occupational disease benefits, to its snployces 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 stale in which the work is to be done. The Sella shall also cam, compodom ive general liability including, but not limits a, annvadml and automobile public liability insurance with bodily injury and death limits of at least S300,000 for my one person, S500,00o for any one accident and prolixity damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insumnee. Before any of the Sellers in his contractors employees shall do any work upon the premises of Others, the Seller shall famish the Purchaser with a anglicism, dust such compensation and macrame have been provided. Such certificates shall specify the due when such compensation and imurmce have bon provided. Such certificates shall specify the date what such compensation and insurance expires. The Sella agrees that such compensation soul taxonomic shall be maintained until eta the attire work u 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 crony kind or main, whatsoever to persons m property caused by or occulting from the execution of the work provided for in this purchase order or in connection hnewiN. The Sella will indemnify and hold hornless the Purchaser and my r all of the Purchasers officers, egals and employers from and against any and ell claims, lasses, damages, charges or expenses wheNa direct or indirect, anal whether to parsons or property to which the Purchase, may bra put or subject by reaon of any act action, neglecs omtission or default on the pat of the Sella, any of his contractors, m any of the Sellers or contractors .Kars, agents or employees. In cam any suit or other proceedings shall be brought against the Purchaser, or its oRcas, agents or employees at any time or account or by reason of my act, action, neglect, omission or default of the Seller of my of his contractors or any of in or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the mute an hie Sellers own regame, to pay any and all com, charges, avo rni fees and other capitation, my anal all judgments that may he incurred by or obmined against the Pmrchaser or my of its or their officers, agents or employees in such suits or other proceedings, and in eau judgment or other lint be placed upon or obtained against the property of the Purloiner, or said pies in or as a resell of mch suits or other poocsedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otha rise. The Seller and his contractors shall take all safety 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 1990 and all rates and regulations issue pursuant Ilaccom. Revised 032010