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HomeMy WebLinkAbout116519 MAXWELL PRODUCTS INC - PURCHASE ORDER - 9143151PO PURCHASE ORDER 9143151 Page City of PURCHASE 3151 ' of z ' `t Collins/ his number must appear ` \� 1 1 on all invoices, packing sli s and labels. Date: 06/06/2014 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: 06/06/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 50,000 LBS NUVO CS-C .53/1-13 1 LOT LS 26,000.00 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 Total $26,000.00 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 atomic the City of Too 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 (Ref Colorado Revised Statutes 1973, Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECTED due to failure m mee, specifications, either when shipped or due to defects of damage in transit, may be rammed to you for credit and arc not to be replaced except upon receipt of written incarnations fmm the City, of Fort Collins. Inspection. GOODS are subject o the City of Fort Collins inspection on arrival. Final Acceptanre, Reeeim of the merchandise, services or equipmentse in response to this Order can result in authorized payment on the pan of the City of PonCollins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipments must be F.OB., City of Fort Collins, 700 Wood St, 1'on Collins, CO 80522, unless otherwise specified on this Oman If permission is given to prepay freight and charge separately, the original freight bill must accompany mean-. Additional charges fro 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 paint to destination, and excess freight will be deducted fmm Invoice when shipments are made from greater distance. Permits. Seller shall procure a, sellers sole cost all necessary permits, cenificmes and licenses requited by all applicable laws, regulations, ordinanar and tales ofthe state, municipality, temmry or political subdivision when the work is perfomted, or required by any other duly constimmd public authority having jurisdiction over the work of vmdo,. Seller further agrees to hold the City of Fon Collins hemless from and again, all lumility and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, tales and requirements. Authorization. All parties to this coutmet agree that the mprormstives are, in fact, Was fide and possess full and complete authority to bind .,it panics. LIMITATION OF TEnIS. This Purchase Order empressly limits acceptance to the mums and conditions stated herein set South and any supplementary or additional remu and conditions annexed hereto or incorpommd herein by reference. A, additional or different tern and conditions proposed by seller are objttad to and hereby rejated. 1. DELIVERY. PLEASE ADVISE PURCHASING AGENT courno rely ifyou cannot make complete shipment to arrive on your promised delivery doe n noted. Time is of the essence. Delivery and performance musts effected within the time stated on the purchase order and the documents attached harem. No ants of the Purchasers including, without limimdoa aceplancoof partial late deliveries, shall opera. a a waiver of This prevision. In the event of coy deny, the Pmrchner shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. HO.,,,, the Seller shall na, be liable for damages in a rrnll of delays due to causes not reasonably foreseeable which via beyond in reasonable central and without in fault of negligence, such acts of God, aces of civil or military authorities, uro mmenml pimmix, pro, strikes, ❑nod, epidemic, moors or than provided that notice of the condition causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof In the event of any such delay, the dam of delivery shall be extended forms period equal m the time arpmlly lost by reason afthe delay. 3. WARRANTY. The Seller reactors that all goods, articles, nationals and work covered by die order will conform with applicable drawings, specifications, samples andrnr other description given, will be fit for the purpose intended, and performed with the highest degree of care and compemnce in arcomance with accepted standard for work of a mmar nature. The Seller ,pees to held the purchaser harmless fmm any Ion, damage or aspens which the Purchaer may Suffer m incur On account of the Sellers breach ofwvrronry. The Seller shill replace, repair or make good, without cost a the pwchsseq any defecn or faults arising within one (1) year or within such longer penal of time as any be prescribed by law or by the an. ofany applicable warranty provided by the Salle, miler the data of acceptance of the good famished hereander (acceptance not to be unreasonably delayed). resulting morn impe,f t or defective work done ce materials Famished by the Seller. Acceptance or arc of goods by $e Purchaser shall not on,imm a waiver ofany claim muter this summary. Except as otherwise provided in this pastime 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 main or loss of mat 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 woman change order. 5. CHANGES IN COMMERCIAL TERNIS. The Purchaser may make any changes m the terms, other than legal micres, including addition 10 or delelion from the quantities originally ordered in the specification Or drawings, by verbal or written change order. If any. such change officers the amount due or the time or,ofic mane hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Prombner, may many time by carmen change aide,. terminate this agreement as to any or all ponione of the goods then not shipped, subject to any equitable adjustment between the pashas as in any work or materials then in progress provided that the Porchaser shall not be liable for any claims for anticipated profs on the uncompleted portion of the goods and/or work, for incidental or canam,matial damages, and that on such:djamment be made in favor of me Seller with respect to any good which are the Sellers standard stack. No such mmltution shall relieve the Purchaser Or the Seller of any oftheir oblige icn in to any good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjuument must be asserted within thirty (30) days from the date rise change or lamination is ordered. S. COMPLIANCE WITH LAW. The Sells warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable Inws and regulation to which the good are subject The Seller shall execute and deliver such documents in may be squired to affair or evidence compliance. All laws and regulation required m be incorporated 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 suffered by the Purchaser in a result of the Sellers failure in comply with such Iaw. 9, ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior carmen cannot ofthe other parry. 10. TITLE. The Seller warrants full, clear and commoded tide 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 oforaces. 11. NONWAIVER. prime of the Purchaser to insist upon sonic, performance of the tern and conditions hereof, failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a Found, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of any of the warranties or obligmions of this purchase order and shall not be deemed a waiver of any night of the purchaser to insist upon smict performance hereof or any of its rights or comedies in to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purposed oral msdifimoion or rescission of this purchase order by the Purchaser operate in a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Pardoner recognize that in actual economic prance, m'ercharga resulting fmm antitrust violations arc in fact home by the Purchaser. Theretofore for good cause and in consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under bil l or state antitrust laws for such overcharges relating to the particular goods or services Produced or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconfoming or defective goal by a date to be spread upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply. 'he Purchaser may trust the work to be performed by the most as dilious mcmxs available to it, and the Seller shall pay all cults associated with such work. The Seller shall release the Purchaser and in association ofany tier fmm all liability and claims of any nature craning from the performance of such work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, officers sad employees of such past'. The Settees contractual obligations, including warranty, shall not be dcemnd to be reduced, in any way, because lath work is Performed or caused Ip be performed by the Poorhouse, 14. PATENTS. Whenever the Seller is ngaired to use any design, device, manorial or process carried by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such paanted design, device, material or proses in connection with the contract, and shall indemnify the Pamhaser for any cast, expense or damage which it may be obliged to pay by reason ofsuch infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in such suit held to constitute inGngement and the use of said equipment or pan is enjoined, the Seller shall, an its own expose and a its option, either poser a for the Pmrchuer IM right to continue using said equipment or pans, replace the same with substantially equal but noninfdnging equipment. or modify it so it becomes rmmafri'mi, IS. INSOLVENCY. If the Seller shill become trundled or bankrupt. make an assigmrcnt for the profit of credimrs, mpoi al is meraoso or tonam, for may of the Sellers property or business, this order may foMwirh be canceled by the Purchaser without liability. 16. GOVERNING LAW. The defimomps dterms used or,he imerymanion ofthe agreement caM the rights efzll panes hareuMer shall be compared under cad governed by the laws ofthe Sure ofColotdo, USA. The following Addilional Conditions apply only in cases where the Seller is In perfacm work hcmunder, including the uniem of Sellers Rapresenmrivand, on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shill carry on .,it work at Seller's own risk until do, same is fully complesed and acapred, and shell, in case of any accident. destruction or injury to the work armor mmesials bet Seller's final completion and acepmme, complete the week at Seller's own e.,. and to the satianclim of the Purchaser. When manerias and equipment are famished by others for installation or motion by the Seller, the Seller shall mane, uNoad, store and hmdlc tree at do, site and become responsible therefor as though such materials arbor equipment were being famished by the Seller under thc order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including Occupational disease benefits, to its employees employed an or in connection with the work covered by this purchase amer, andA,r to their dependents in accordance with the laws of the suite in which the work is to be done. The Seiler shall also carry compuhensive general liability including, but not limited an contmctoal and automobile public liability insumme with bodily injury art death limits of at lent S300.000 far any one Irnxon, 3500,000 for any one accident and properly damage limit per accident of S400.000. The Seller shall likewise require his centructors, if any, to provide for such compensation and inurance. Before any of the Sellers or his commucton employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a cenfieam that such compensation and m uraae have been provided. Such co ificaes stall specify, the date when such compensation and imumnce have been provided. Such cesificates shall specify the data when such compensation and announce, expires. The Seller 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 sesmsnibiliry and liability for my and all damage, loss or injury ofany kind or nature whowever to persons or property caused by or resulting fmm the execution of the work provided for in this purchase order or in connection herewith. Ts Seller will indemnify and hold hamleas the Purchaser and any r all of the Purchasers alhecrs, aga. and employees from and again, any and all claims, losses, damages, charges or exposes, whether direct or indirect. and whether to person or properly to which the Purchases may be put or subject by mason of my art, action, neglect, omission or default on the part of the Seller, any of his contractors, or any of the Sellers or contractors oRcer , agents or employees. In caw any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any rime on account or by reason of any act, action, neglect, omission or default of the Seller of any of his conm<mrs or any ofis or their officers, agents or employees to aforesaid, the Sell,, hereby agrees in assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, anomeys fees and that expresses, 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 be placed upon or obtained against the property ofthe Purchaser, or said parties in or as a result of such suits or other proceedings, the Seller will at mice came the same to be dissolved and discharged by giving bond or othowi e. The Seller and his contractors shall take all safety precautions, famish and install all grand neconary for the prevention of accidenn, comply with all laws and regulations with regard to safety including, but without hounion, the Occupational Safety and Health Act of 1970 and at I tales and regulations issued pursuant thereto. Revised 03R010