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HomeMy WebLinkAbout306043 MAC EQUIPMENT INC - PURCHASE ORDER - 9142306Fort Collins Date: 04/24/2014 Vendor: 306043 MAC EQUIPMENT INC 2116 W 1 ST ST LOVELAND CO 80537 PURCHASE ORDER PO Number Page 9142306 1of3 This number must appear on all invoices, packing sli s and labels. Ship To: FLEET SERVICES - MAIN SHOP CITY OF FORT COLLINS 835 WOOD ST FORT COLLINS CO 80521 Delivery Date: 04/24/2014 Buyer: DOUG CLAPP Note: 2014A Lease Purchase repalces units #34003 and #3421 Line Description Quantity UOM Unit Price Extended Ordered Price 1 Walker MTGHS251 zero turn mower and decks 2 Walker MTGHS251 zero turn mower and decks ref. quote # 33463 dated 2/11/14 (2) Walker MTGHS251 zero turn Model T 25hp EFI Kohler command - $ 10,582.50 each (2) Walker DC48-2 48" GHS Deck (HD drive) - $1,997.50 each (2) Walker DM48-2 48" Mulch Deck (HD drive) - $ 1,997.50 each LP8075 - Upgrade low profile tires - $127.50 Deliver equipment and documents to: Fleet Services Shop 906 W Vine Fort Collins, CO 80538 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 1 LOT EA utei �l 14,705.00 14,705.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Fort Collins PURCHASE ORDER PO Number Page 9142306 2o13 This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 970-221-6613 "Please call 24 hours prior to delivery" 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.com Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 3 of 3 I. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local uses. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Regiam, 84-6000587 is registered with the Collector of Into=] Revenue, Denver, Colorado (Ref. Colorado Revised Simms 1973, Chapter 39Q6, 114 (a). Goods Rejected. GOODS REJECTED due to failure to men specifications, either when shipped or due to defects of damage in tarsi, may be returned to you for credit and are not to be replaced except upon receipt of written initiations from the City of Fon Collins. Inspection. GOODS are subject to the City of Fon Collins inspection on mil Final Acceptance. Receipt of the merdwndne, services r equipment in response to this order canresult in authorized payment on the pan of the Cry of Fort Collins. However, it is to be understswl thatFINAL ACCEPTANCE is dependent upon completion ofall applicable required inspection procedure. Freight Terms. Shipments must be FOR, City of For Collins, 700 Wood St, ran Collina, CO 80522, unless otherwise specified on this orderif permission is given a 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 distributing points in various pans of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted four Invoice when shipments arc made from greater distance. Pmmits. Seller shall procure at sellers sole cost all tie asnry permits, cenificmas and licenses required by all applicable [aws, regulations, Macau. and rules of the site, municipality, territory m pnlifcirl subdivision where the work is performed, or required by tiny other duly amounted public authority having jurisdiction over the work of vendor. Seller fuller agrees to hold the City of For Collins harmless (ram and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, roles and oxracraftents. AuNom anon. All ponies m this contact agree thin the repraenmrour arc, in fact, bona fide and posses full and complete authonry m bind said pastries. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stood herein set faith and any supplementary or additional terms and conditions annexed hereto or incoryoared herein by reference. Any additional or different a. and condition proposed] by seller arc objected to and hereby rejec od. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you carrot make complem shipment as arrive on your premised delivery date as noted Time is of the essence. Delivery and performance most ho effected within the time stood on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, campmnce ofganial lam deliveries, shall comma as a waiver of this provision. In the event crony delay, the Purchase shall have, in addition 10 other legal and equitable remedies, the option ofplacing this oNer elsewhere and holding the Sella liable for damages. However, the Sella shall not be liable for damages as a rest, of delays due 1o.uses rem primarily foreseeable which art beyond i¢ reamhable tout.] and without its fault of orgligence, such now ofGod, acts afcivdl or miliary aulhomies, gove mod pr i ndies, fires, strikes, flood, epidemics, wars or rims provided Jot notice of the conditions causing such delay is given to the Purchases within foe (5) days of the time when the Seller first received knowledge thercaE In the event of my such delay, the dam of delivery, shall be estendod for the period equal m the time actually lost by reason of ode delay. 3. WARRANTY. The Seller wamnls that all goods, micics, mmmals oM work rovar s! by this order will .reform with applicable drawings, sponfi.tions, samples and/or other descriptions given, will be fit for Jm Pursue. intendd, all performed with the highest degree of tare all comp arms, in accordance with accepted accountants for woh of a mils .ture. The Seller agrees to hold the purchaser harmless from any his. damage or expense which the purchaser may suffer or incur on account turns, Sellers breach of warranty. The Seller shall replace, repair or make good, without cost m the purchaser, any, defects or faults arising within one (1) year t within such longer Rom of time as may be prase eel by law or by the toms ofany applicable wartanly provided by the Seller after the der¢ of ¢eplance of the goods famished hereunder promps nce not to he umeaaonabty delayed), reulting from tangential or defcfivc work done or mar vials finished by the Seller. Acceptance of um of goods by the Pushover shall not commerce a waiver army claim under this warranty. Except m otherwise provided in this purchase order, for Sellers liability remainder shall extend to all damages contrariety ..it by the breach of any of the foregoing ..It. or guarantees, but such liability shall lu an event include lass of profits or loss oft e. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purebamr may make charges to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any change to the terms, other than legal teats, including additions to or deletions fmm the quantities originally ordered lu the specifications or drawings, by verbal or writer change order. If any such change affects the amount due or the time ofponformance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Puachaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to say equitable adjustment between the ponies m to any work or mamnak then in Progress provided that the Puroismer shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods sud'or work, for incidental or cans ccormil damages and that no such adjustment be made in favor of the Seller with respect to any goods which art the Sellers standard stack. No such maturation shall selieve the Puchaser or the Seller ofany of their obligations as to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days tom the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been prducod, old, delivered and fumishd in strict ompliance with all applicable laws and regulations no which the goods arc subject The Seller shall ea,rom and deliver 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 reference. The Soler agrees to indemnify and hold the Perelman harmless from all cost and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMEM. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without he prior written consent ofthe other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in performance of this agreement, free and clear of any said all liens, restrictions, reservations, security interest encumbrances and claims of others. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the temps and conditions hereof, failure or delay to any rights or remedies provided herein or by law, faiure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goads hereunder or approval of the design, shall not release the Seller of any of the warranties or obligations of this purchase oNer and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goads, regaNleas of when shipped, received or accepted, as to any prior or subsequent default hereunder, mar shall any purported oral modi Portion or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. 12. ASSIGNMEMOF ANTITRUST CLAIMS. Seller and the Purchaser marguix that in actual economic practice, overcharges resulting from antitnst violations are in fact home by the Purchase,. Theretofore, for good cause and na consideration for executing this purchase order, the Sella hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under federul or state antitrust laws 1'or such evercairgea relating to the pa remor ..it, or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser dints the Seller to correct nonconforming or defctive goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, rise Purchaser may cauu the work to be performed by the man expoditious mom, available In it, and the Seller shall pay all costs associated with such work. The Sella shall release the Purchaser and its contractors of any tier firm all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the parry relewsrd and shall extend to floe directors, officers and employees of such pony. The Seller's contactual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused 10 b , perfmmed by the Purchaser. 14, PATENTS. Whenever ode Seller, is required or use any design, device, tamer ill or process covered by lemeq patent trademark r copyright, the Sella shall indemnify and rove harmless the purchaser f any and all claims for accumulation, by reason of the use of such patented design, device, material or process in connector with rise contract, all shall indemnify the Purchaser for any cost, expense or damage which it may be obliged m pay by reason of such infringement at any time during the prosecution or shot the completion of the work. In case said ryulpmer , or any pan thereof or the Imended use of the gawk, is in such suit held to comtim a infringement and the use of said equipment or prat is enjoined. ode Seller Shan. at in ism rxparrom and it its option, either former for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but naninfnging equipment, or modify it so it becomes noninfnging. 15. INSOLVENCY. If the Seller a doll become insolvent or bankopt make en assignment far the benefit of creditors, appoint a caredver or trustee for any of the Sellers paying or business, this order my forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. no defnitimhs of terms used or the interpretation of the agreement all the rights oral] Who hereunder shall be .nswed under and governed by the laws of the State ofColomdo, USA. The fallowing Adkinioral Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Ri presentmivc(s), on drc promises ofothen. It. SELLERS RESPONSIBILITY. The Sella shall curry on said work at Sellouts own risk mail the same is fully romplo od and accepted, and shall, in ruse of my accident, detraction or injury to the work andror materials before Sellds final completion and i eeepance, complete the work a1 Sellds own cxponse and 10 the satisfaction of the Purchases. Whom materials and equipment are f iahod by others for installation or erection by to Seller, the Seller am][ receive, unload, store and handle some at to site and become responsible therefor m though such nationals mhkor equiphchent were being fumishod by the Sella under the oNer. 18. INSURANCE. The Sella shall, at his own expense, provide for the payment of workers compensatien, including o earaticnal dimam benefits, to its employees employed on or in connection with the work coveml by this purchase order, maker to their dependents in accordance with the laws of the suite in which the work is m Ix done. The Sella shall also carry compmhensive general liability including, but not limited to, commercial and automobile public liabil try insurance with his ily injury and death limits of at bast S300,000 for any one person, $503.000 fir any one accident and property damage limit per accident of SOIL". The Seller shall likewise acquire his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers car his contractors employees shall do any work upon the premiss of others, the Seller shall furnish the Purchaser with a certificate fait such compensation and insurance have been provided. Such cenificares shall specify the data when such ompensmion and insurance have been provided. Such ecAficata shall specify the data when such compensation and inaumnce expires. The Seller agrca that such compensation and instance shall be maintained until after the entire work Is completed and acerpred. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby asstunes the entire aesponsibiliry and liability for any and all damage, loss or injury of my kind or nature whotamver to persons or prorery.uud by or combing From the execution afire work provided for in this puechau oNer or in connection herewith. The Seller will indemnify it hard airmless the Purchase and any r all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or pmpeny to which the Purchaser may be pm or subject by croon of any act, action, region, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employers. In case any suit or other proceedings shall he brought against the Purcfiaeq or its officers, agents or employees at any time con account or by reason of any act, action, neglect, omission or default of the Seller of any of his containers or any of its or their officers, agents or employees as ahmagaid, the Seller hereby agrees to assume the defense thereof and to defend the same an the Sellers own expense, m pay any it all cents, charms, artameys fees and other expenus, any and all judgments that may be incurred by or claimed 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 be placed upon or obtained against the property of the Par. is mr, or mid ponies in or as a result of such suits or other procedngs, the Seller will at once cause the some to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guards nmomry for the prevention of accidents, comply with all laws and regulations with regard to safety including, our without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant thereto. Revised 03R010