HomeMy WebLinkAbout103341 ACE EQUIPMENT & SUPPLY CO - PURCHASE ORDER - 9144190City of
F„�ft Collins
Date: 07/23/2014
PURCHASE ORDER
Vendor: 103341
ACE EQUIPMENT & SUPPLY CO
9660 DALLAS ST
HENDERSON CO 80640-8451
PO Number Page
9144190 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: STREETS DEPARTMENT
CITY OF FORT COLLINS
625 NINTH STREET
FORT COLLINS CO 80524
Delivery Date: 07/23/2014 Buyer: DOUG CLAPP
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
INV 158332 - dated 6130/14 1 LOT LS 8,140.20
sweeper parts
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:purchasingQfcgov.com
Pay terms net 30 days
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. COMMERCIALDETAILS.
Tax exemption. By statute the Cie, of Fan Collins 6 exempt fmm state and ined taxes. Our Exemption Number is 11. NON WAIVER.
984W503. Federal Excise Tax Exemption Cenifcate of Registry 84-6000581 is ragiueml with the Collector of Failure of the Per ho er to insist upon stria FMaemance of the terms and condition bncof, failure ar delay to
]npmal Revenue, Denver, Colorado (Ref. Colorado Revised Sumter, 1973. Chapter 39-26.114 (a). exercise any rights Or remedies provided hercm o by law, failure on pmmply not the Sella m the event of a
breach, the acceptance ofor payment for goods fiereunda or approval of the deign, shall not release the Seller of
Goods Rejected, GOODS REJECTED due to failure to meet spaifications, either when shipped or due to defects of any of the warranties or obligations of this puchsese order and shall not be deemed a waiver of any night of the
damage in mount, may be reamed to you for credit and are not to be replaced except upon receipt of women purchaser to insist upon strict performance harefor any of its rights or remedies as to any such goods, regardless
instructions from the City of Fiat Collins. of what shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any popined
ool modification or rescission of this purchase order by the PmcM1ner operate as a vediver of my of the It.
Inspection. GOODS are not to the City of Fan Collins impatian on ameaL hereof.
Final Acceptance. Receipt of the merchandise, services equipment in response to this order can result in 13. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment oa the pan of the City rf FinCollinsCol. However, it is to be understood that FINAL Seller and the Purchaser recognize that in normal economic practice, o erchargn resulting firm antitrust
ACCEPTANCE is depeMent upon completion of all applicable required inspections procedure. violations are in fact bone by the Punchma. Thereto!ore, for good cause and u consideration for executing this
purchase order, dire Seller hereby asargm to the Purchaser any and all claims it may may have An hereafter
Freight Terms. Shipments most be F.O.B., City of Fin Collins, 700 Wood St, I. Collins, CO 80532, unless acquire it, federal or to antimtn lax. for such ovachmges plating m the paniculm goods or services
otherwise specified on this order. Upermission is given to prepay fright and charge separately, the original fright purchased or acquired by ne pardoner puxmdu to this purchase order.
bill must accountants invoice. Additional charges for nekon will not be accented.
Shipment Distance. Where manufmturtrs have distributing points in various pans of the country, shipment is
expected fmm the nearest distribution point to destruction, and excess fright rill be deducted farm Invoice when
shipments art made fmm greater distance.
Permits. Seller shall procure an sellers sole cost all naessary permits, cenifimms and licenses required by all
applicable laws, regulations, ordinances and rules of the stare, municipality, an., or political subdivision where
the work is performed, or required by any other duly conslimted public authority having jurisdiction over the work
of vtndar. Seller further agrees to hold the City of Fan Collins Emotions from and against all liability and loss
incurred by them by reason of an asserted or ambushed violation of any such laws, stipulations, ordinances, rules
And requirements.
Authorization. All panics to this contract agree that the representatives arc, in fort boom fide and possess BE and
complete authority to bind said parties.
LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terms and conditions stated
herein set ford and any supplementary or additional terms and conditions annexed hereto or incorporated herein by
reference. Any additional or diairenuemrs and conditions proposal by mila on, objected to and hereby rejected
3. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou corral make complete shipment to alive on your
promised delivery &te as noted. Time is ofthe essence. Delivery said performance most be effected within the time
sated an the purchase other and the documents mantled ferem. No eels of she Purhasers including. without
Emission, accomme ce offhand lam deliveries. shall operate as a waiver of this provision. In the event army delay,
she Purchaser 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 Seller shall not be liable for damages as a result of delays
due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence,
such area of God, acts oCrav,I or military authorities, govemmenal priorities, fires, strikes. Bond, epidemics, wars or
riots provided that notice ofthe conditions causing such delay u given to the Purchaser within five (5) days of the
me when the Sella final received knowledge thereer In the event of any such delay, the date of delivery shall he
extended for the period equal to the time acnal ly lost by season offlue delay.
3. WARRANTY.
The Seller warrants that all goods, articles, nationals and work covered by this order will conform with applicable
drawings, specification, samples amber other description given, will be fit for the purposes intended, and
pert ed with the highest degree of can and competence in accordance with accepted sreadard fan week of a
similar totem. The Seller agrees to hold the purchaser harmless fmm any lass, damage or expense which the
Purchuer may suffer or incur on account ofthe Sellers breach of warranty. The Sella shall replace, arm i, or make
good, without cost to the purchaser any defects or faults arising within one (1) year or within such longer prod of
time as may be promotional by law or by the tents of any applicable warranty provided by the Seller after the &te of
acceptance of she goods fumishal hereunder (craw marra not to be unreasonably delayed), resulting from imperfect
or defective wort: done or materials famished by the Sella. Acceptance or use of goods by she Purcbaver shall not
constitute a waiver of any claim under this wifirri Except as otherwise provided in this purchase older, the Sellers
liability hereunder shall extend m all damages proximately caned by the breach of any of the foregoing warranties
or guarantees, but such liability shall in no event include lass 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 wet at change order
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other than legal tears, including additions to or delesion fmm
the quantities onguat orderd in the xppi0m or drawings, by second or wanton change order. If any such
change affects the amount due or the time of performance hereunder, an equitable adjnsrmnt shall be made.
6. TERMINATIONS.
The Probaw, may at any time by written change other, ,—Iran this apencoom as to any or all poniom of the
goods then not shipped, subject to any equitable adjustment between the Front; as to any work or materials then in
progress provided Out the Frenchman shall not Is, liable for any claims for anticipated profs on the uncompleted
portion of she goods mndrm work, for incideand or a mosexi snd.1 damages, and that no such ad ualment be made in
favor of the Sella with import to any good which arc the Sellers saMmd stock. No such trrraimtim shall rtlieve
the Purchnn or the Seller of any of there obligations n m any good delicard hereuMer.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjuttment rant It asserted wind. nary (30) days from the alma the change or harmonic. is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in secret
compliance with all applicable laws and pgulatiovs to which the goods arc subject. The Seller shall execute and
deliver such documents u may be required to offat or evidence compliance. All laws and regulations required to he
ah"a red Or agp<ments of His character are hereby incorporated barom by this pRamee The Sella agrees to
indemnify and hold the Purchaser harmless fmm all costs and damages sulTepd by the Purchases as a rerun of the
Sellers failure to comply wish such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this other, or any momrn due err to bmame due hereunder without the
prior writen cournm ofthe other party.
Ian. TITLE.
The Seller warrants full, clear and pa rstriaed title to the Purehua for all equipment, mammals, and item famished
in performance of this agreement, free and clear of any and all Irons, restrictions, reservntione, security interest
encwnbmnces and claims o01
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser diverts the Seller to coact nonconforming or defective goads by a date to be agreed upon by the
Purchaser and the Seller, and the Seller theaeafer inlicmu its inability Or unwillingness fan amply, the Purchaser
may cause ne walk to be performed by dre most expeditious on. noilable to it, and the Sella shall pay all
casts assoriarW with such work.
The Seller shall release the Purchaser and its contractors of arty tier fmm all liability and claims of any nature
resulting from the performance ofsuch work.
This please shall apply even w the event of fault of negligence of the parry releasal and s1aR extend to the
directors, officers and employes of5uch party.
The Sellers contractual obligation, including warranty, shall not be deemed to be minced, in any way, because
such work is performed or caused to be performed by the Purchasa.
14. PATENTS.
Whenever the Seller is required Or use any design, devicr, marerlal or process roverni by later, wandr, uademark
or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for inGngr teed
by reason of the use of such patented design, device, material or process in connection with the contract, and
shall indemnify the Purchuer for any cast, expense or damage which it may be obliged to pay by reason of such
infringement at any time during the prosecution or after the completion of the work. In cave said equipment, or
any pan drive or the intended use of the goods, is in such suit held to contiute infringement and the use of
said cgaip. err From is enquired, the Sella shall, al its an expeme and at its option, either F. for the
Perchance the right to continue using said equipment or pans, replace the same with substantially and but
noninGnging equipment, or modify it so it becomes no unRngmg
15. INSOLVENCY.
If the Seller shall become Inmlven or Innocent, make an assignment fat the benefit of aedrters, appoint a
reaciver or nustre for any of the Sellers property or bosirms, this order may forthwith be saturated by the
Purchase, without liability.
16. GOVERNING LAW.
The &finitiou of terms used or the interpretation ofthe agreement and the rights of all putties hereunder shall be
ecusrued coder and govimed by the laws ofthe Sate of Colorado, USA.
The fallowing Additional Condition apply only at rase where the Sella is to perform work hereunder,
including the services of sellers ftepreunmsive(s), on the premises ofotbrrs.
❑. SELLERS RESPONSIBILITY.
The Sella shall cart, on said work at Sellers own risk until the same 6 fully completed and accepted, am shall,
in rsse of my acci lml, composition o injury to the work andlo materials before Sellers final completion and
acceptanra, complete the work at Sellers own expense and to the satisfaction ofthe Purehmer. When demands
and equipment ape famished by others for installation or section by the Shcem the Seller shall receive, unload,
store and handle same at the site and become responsible therefor as though such materials soaker equipment
were being mainland by the Seller under the order.
18, INSURANCE.
The Seller shall, at his own expose, preside for the payment of workers eompenmtion, including occupational
disease benefits, to its employees employed on or in connection with the work covered by this purchase, order,
and/or to their dependents in accordance with the laws of she scale in which the work is to be done. The Seller
shall also carry comprchenive general liability including, but not limited to, contractual and automobile public
liability romance with bodily injury and death limits of at least Still" for any one person, S500d000 for any
arm accident am Property damage limns pa accident of S400,000. The Seller shall likewise ra3uite his
mntmeron, Harty, to povide for such compensation and import¢. Before my of the Sellers or has comment
employees shall do any work upon the premises of others, the Sella shall famish file Purchaser with a cenificate
that such compensation and insurance have been provided Such certificates shall specify the date when such
compensation and insurance have been provelud. Such certificates shall spanfy the date when such compensation
and insurance expires. The Seller agrees that such conformation and insurance shall be tnaimained until after the
order work is completed and nourg al.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella hereby assumes she mine rnpansrbil ity and liability for any and all damage, loss or injury of any kind
or nature whomever to persans or property caused by or resulting from the execution ofthe work provided for is
this purchase order or in correction herewish. The Seller will iMemnnfy and held harmless the Paphuer and any
or all of the Puphasers ofttrs, agents red employees from and egarmt my and all claims, Inset, damages,
charges or expum, whence direct in indirect, and whether to persons or property to which the Ecrchemo may
be put or subma by reran of any act, action, neglect, umcaus. or default oa the pan of the Sella, any of his
contmaors, or any of she Sellers or committers officers, agents or employees. In case any surf or other
proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or
by reason of any rat, ration, neglect, omission or &fault of the Sella of any of his contractors or any of its or
Heir officers, agents or employees as aforesaid, the Seller hereby agrees la mmme the defense thereof ard ran
&fend fire sane at fire Sellers own expense, to Pay any and all cysts, charges, atomeys fees and other expenses,
any and all judgments that may be incurred by or obtained against the Pmchasa or any of ifs or their officer,
agents or employees in such suits or other proceedings, and in care judgment or other Iron be placed upon or
obtained against the property of the Purchmer, or said pardow in or as a result of such suits err other proceedings,
the Sella will at once cause ne same to be dissolval anal discharged by and, brad or oshnin ins. The Sella and
but contractors shall aka all safety precautions, famish cad install all glands necessary for the prevention of
accidents, comply win all laws and regulation with regard to safety including. but woman Induction, the
Occupational Safety and I calth Act of 1970 and all miss and regulations issued procanuhersm.
Revised 07Q014