HomeMy WebLinkAbout458053 MAX R - PURCHASE ORDER - 9142300Fort Collins
Date: 04/24/2014
Vendor: 458053
MAX R
W248 N5499 EXECUTIVE DR
SUSSEX WI 53089
PURCHASE ORDER
PO Number Page
9142300 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: PARK MAINTENANCE
CITY OF FORT COLLINS
413 S BRYAN
FORT COLLINS CO 80521
Delivery Date: 04/23/2014 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
i 7- 55 gallon recycle station
per estimate #66155
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, Fart Collins, CO 80522-0580
Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com
1 LOT LS
9,582.00
Total
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
lsurchasc Order Terms and Conditions
Page 2 of 2
1. COMMERCIALDEfAILS.
Tax exemptions. By statute the Ciry of Pon Collins is exempt firm spite and load taxes. Om Exemption Number is
11. NONWAIVER.
984M502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of
Failure of the Purchases to iwin open strict performance of the coma and conditlom hereof, failure or delay to
Internal Revenue, Denver, Colorado Her. Colorado Revised Statutes 1973, Chapter 39-26, 114 Ed.
exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
breach, the acceptantt of or payment for goods hereunder or approval of err design, shall not nitrate the Seller of
Goods Rejected. GOODS REJECTED due 10 failure to meet specifications, either when shipped a due to defects of
any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any fight of the
damage in transit, may be retraced m you far credit and are not to be replaced except upon receipt of written
purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods. regardless
insba fir r, from the City of Pon Call its.
of when shipped, received or accepted, as m any prior or subsequent default hereunder, nor shall any purported
oral modification or resciodw, of this purchase order by the Purchaser operate as a waiver of any of the terms
Inspection. GOODS are subject to the City of Fort Collins inspection on anival.
hereof.
Final AceepUnre. Receipt of the merchandise, services or equipment in response to this order con result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized pyment on the pan of the City of Fon Collins. However, it is to be understood that FINAL
Sella and the Purchaser recogais Out in actual anges is powder, overcharresulting firm antitrust
ACCEPTANCE is dependent upon completion of all appliable acquired inspection procedures.
violations are fir fact home by the Purchases. Theremfote,four, good cause and as consideration for executing this
purchase order, the Sella hereby assigns to the Purchaser any wd all claims it may now have or banner
Freight Trans. Shipments most be F.O.U., City of Fan Collins, IN Wood St.. Fort Collins, CO 80522, unless
acquired under federal or stem antitrust laws far such ovnchwgmx prating m the particular goods or services
otherwise specified oa This ode,. If permission is nar lu prepay freight and charge territory, the original freight
prominent or acquired by the Purchaser pursuant to this purchase order.
bill must accompany invoice. Addbimul changes for packing will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment llistance.Where manufacturers have disaibuting points in us parts of the country, shipment is
If the Purchaser directno s the Seller to correct nconformm ing or defective goods by a date be agreed upon by the
expectul Rout the nearest distribution point to destination, and excess freight will be deducted from harmer when
Purchaser and the Seller, and the Seller therafiea indicates its inability or unwillingness to comply, the Purchaser
shipments are made firm greater district.
may cause the work to be performed by the most expeditious .,cans mvlLonle to it, and the Seller shall pay all
osts wsalaled with such wank.
Permits. Seller shall procure at sellers sole cost all necessary permits, cenumatin and licenses mluired by all
applicable laws, regulations, ordinances and ales of the state, municipality, territory or political subdivision where
the work is performed, m re Impel by any other duly constituted public authority having jurisdiction over the work
of vendor. Seller further agrees to hold the City of Pon Collins harmless from and against all liability and loss
ravened Ey them by reason of son asserted a established violation of any such laws, regulations, ordinances, rules
and requirements.
Authorization. All moves in this contract agree that the representatives are, in fact, bona Ede aM possess full and
complete nuthority to bind said pubes.
LIMITATION OF TERMS. This Purchase Order expressly limits acttplancr to the rams and conditions scored
herein act forth and any Supplementary or additional terms and conditions coursed hereto or incorporated herein by
reference. Any additional or different terms mad conditions propowd by seller are objected m and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT prematurely ifyou cannot make complete shipment to apive on your
promised delivery date as noted. Time is order essence. Delivery and pabraname most be aieded within the time
stated on the purchase order and the documents snatched Irmo. No acts, of the Puuhwers including. without
limitation, acceptance ofpanial late delivena, shall operate as a waiver of this provision. In the event of any delay,
the Purchaser shall have, th addition to other legal and equitable remedies, the option of placiW this order elsewhere
and holding the Sella liable for damages. However, the Seller shall not a liable for damages w a result of delays
due to camas not reasonably foreseeable which are beyond its onswuble control and without its fault of negligence.
such ou of Gad, acts i feivil a military authorities, governmental pdontia, fires, studies, Rood, epidemics, wars or
riots provided that notice of the conditions causing such delay is given to the Purehma wihin five (5) days of the
time when the Sella first received knowledge thereof In the event of any such delay, the date of delivery shall be
extended for the period equal to the time actually but by reason at the delay.
3. WARRANTY.
The Seller warrants that all goods, prairies, materials and work covered by this order will conform with applicable
drawings, specifications, samples weaker other descriptions given, will be fit for the purposes intended and
performed with rate highest degree of cop and competeno in accordance with accepted standards for work of a
similar nature. The Seller agrees to hold the purchaser harmless firm any loss, damage or expense which the
Purchase may sulfa or incur em account ornate Sellers breach of wnnaaty. The Seller shall replace, repair or make
goal, withow cost to the pmcbasec any defects or faults arising within one (1) year or within such longer period of
time to may be prescribed by law or by the terms of any applicable wamnty provided by the Seller after the date of
acceptance of the goods famished hereunder (accepeanre not to be unreasonably delayed), resulting from imperfect
or defective work done or materials famished by the Seller. Acceptance or use of good by the Purehwa shall not
comtirme a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to al damages proximately caused by the breach aany of the foregoing warranties
or guarantees, bur such liability shall in no event include less of profs on less 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 wooers change order
5. CHANGES IN COMMERCIAL. TERMS.
The Purchaser may make any changes m the corms, other dun legal terms, including additions ad or deletions form
the quantifies ongmaily ordered f the specifications or drawing; by vales! or women dense order. If any such
change aR'ecrs the amount due or the time of performance hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, mminate this agreement m to any or all portions of the
goods than not shipped, subject ad any equitable adjustment between the parties as to any work or materials then in
progress provided that the Prmh oa shall nor be liable for any claims far anticipated profits on the uncompleted
portion of the goods arakrr work, for incidental on consulnemial damages, and that no such adjustment be made in
favor of the Seller with respect to any goods which me the Sellers standard stock. No such termination shall relieve
Bic Purchaser or the Sella army oftheir obligations as 10 any good delivered hereunder.
). CLAIMS FOR ADJUSTMENT.
Any claim for nd fidwent mast be warned within thirty (30) days firm the time the change or termination is
ordered.
S. COMPLIANCE WITH LAW.
The Seiler warrants deal all good sold hereunder shall have been produced sold, delivered and famished in strict
compliance with all applicable laws and regulations to which the goods am subject. The Sella shall execute and
deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be
nor orated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless from all casts and damages tattered by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, pansf,r, or convey this Aides, or any mania due an ro become due hereundes whimil the
Prior written Crown ofee when parry.
IO.TITLE.
The Sella warrants full, clear and umatricual tide m the Purchaser fw all equipmem, materials, and items famished
in performance of this agreement, free and clear of any and all firm, raniaions, reservation, s rcunry intend
encumbrances and claims ofothers.
The Seller shall release the Purchaser and its contractors of any tier firm all liability and claims of any came
resulting from the performance of such work.
This release shall apply am in the event of fault of negligence of the party released and shall extend to the
directors, officers and employees clinch party.
The Sellers contractual obligations, including wamny, shall not be deemed m be reduced, in any way, became
such work is performed or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, central or prams covered by letter, patent, tmdw a 1,
or copyright, the Seller shall indemnify and save hairless the Purchaser from any and all claims 1'or infringement
by pawn of the use of such patented design, device, material or proms, in connection with the compact, and
shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such
infringement w any time during the Formation or after the completion of the work. In case said equipment, or
my pen thereof or the intended use of the goods, is in such suit held to constitute inn—nnngement and the use of
said ,gtappen, or pan is enjoined, the Seller shall, at its own expense and at its option, either put for the
Patient the right to omme, using said equipment or parts, rtpLoce the same with subseemiilly equal but
noninfnnging equipment, or modify it so it baomes nnnnifi inging.
15. INSOLVENCY.
If the Seller shall became insolvent or bankmpq make an assignment for the benefit of creditors, appoint a
or trustee for any of the Sellers pmperry or business, this order airy fM owith be canceled by the
Purcthase, without liability.
16. GOVERNING LAW.
Thc definitions of terms used or the iroulfietatiem of the ame Land and the rights of all ponies hereunder shall be
emended under and governed by the laws ofthe State of Colorado, USA.
The following Additional Conditions apply only in cases where the Sella is to perform wort Fernandes,
including the services of Sellers Reparam ative(s), on the premises ofothers.
IZ SELLERS RESPONSIBILITY.
The Sella shall any oa said work at Sellers own risk and the same is fully ompleled and accepted, and shall,
in u of any accident, desuuctian or injury to the work maker materials be[ore Sellers final completion and
aoeptince, complete the work at Sellers own expense and to the satisfaction of the Pumhasa. When materials
and equipment are famished by others for imtallauon or erection by the Seller, the Seller shall receive, unlmd,
store and handle same at the site and become responsible therefor w though such materms and/or equipment
were being famished by the Sella at the order.
IS. INSURANCE.
The Seller shall, at his awn expense, provide for the payment of wmrom compen tion, including occupational
disease benefits, to its employers employed on or in connection with the work covered by this purchase order.
mtkar to then dependents in accordance with the Lows of the some in which the work u to be done. The Sella
shall also wiry comprehensive general liability including but not limited m, coma dual and automobile public
liability inturenee wim bodily injury wad death limits afar least 5300.000 for any one person, S500,000 for any
one accident and Portnoy damage limit per accident of 5400,000. Tax Seller shall likewise require his
comment if any, to provide for such compensation and insurance. Before any of me Sellers or his contractors
employees shall do any work upon the premises of orders, the Seller shall famish the Purchaser with a certificate
that such compensation and insurance have been provided. Such ecti ficates shall specify the date when such
compensation and insurance have been provided. Such certifiowes shall specify the &te when such compensation
and insurance expires. The Seller agrees that such compenation :cod insurance shall be maintained until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella hereby assumes the entire responsibility and liability far any and all damage, loss or injury of any kind
or nature whitest 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 Sella will indemnify and hold harmless the Pureataar and any
�r all of the Purchasers ots mews, agenand esnployas from and agahat any and all claims, lotus, damages,
harga or expenses, whMa direct or indirect, and whether to persow err property to which the Prrehun may
be put or subject by reason of any act, action, neglect, omission or default on the pan of the Sella, any of his
contractor, 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 officers, agents or employees at any time on account or
by pawn of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its fir
their officers, agents or employees as aforesaid, the Sella hereby agrees to assume the defense thereof and to
defend the same err the Sellers own expense, to pay any and all coact, charyes, attorneys fees and other expenses,
any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their onicer ,
agents or employees in such suits or other proceedings, and in au judgment or other lie be placed upon or
obtained against the property of the Purnhmer, or said parties in or as a result ofsuch suits or other proceedings,
the Sella sill at more cause the same to be, disuhed and diuharged by giving bond or otherwise. The Seller and
his comrazmrs shall take all safety Emanations, furnish and install ell gmrds naeswry for the pmventien of
accidents, comply with all laws and regulations with regard to safety including, bat will limiation, rate
Occupational Safety and Health Act of 1970 and all ales and regulations issued Fursuaal there.,.
Revised 030010