Loading...
HomeMy WebLinkAbout111402 POWER EQUIPMENT COMPANY - PURCHASE ORDER - 9144857PO PURCHASE ORDER 914485er Page City of PURCHASE 9144857 t of z Flirt ( OI tins This number must appear �_^!'`�—J`' v ` on all invoices, packing sli s and labels. Date: 08/21/2014 Vendor: 111402 POWER EQUIPMENT COMPANY PO BOX 28 DENVER CO 80201-0028 Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS CO 80524 Delivery Date: 08/20/2014 Buyer: DOUG CLAPP Note: Line Description Quantity UOM Unit Price Extended Ordered Price PER QUOTE CD185292 1 LOT LS 8,457.44 dated 8/14/14 reference std order # CD185292 per Javir Pineda-Diera (3) MAG AB2032 BlowBar/Seramic - $2,004.72 each = $6,014.16 (1) CED 0860010384 BAr 5048 HSI Stripper - $2,443.28 ,.. = $2,443.28 Dept: Streets - Crusher plant Contact Neal Jaspers . 970-221-6654 ., Deliver to: City of Collins 1380 Hoffman Mill Fort Collins. CO 80522 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 .44 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 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from sate and local taxes. Out Exemption Number is I L NON WAIVER. 98 04502_ Federal Excise Tax Exemption Cmificam of Registry 84-6000587 is registered with the Colled, of Failure of the Purchaser to insist upon strict performance office temrs and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure m promptly notify the Seller in the event of a breach, the ancepance of or payment for ..its hereunder or approval of the design, shall not release the Seller of Goods Rgected. GOODS REJECTED due to failure as meet specifications, either when shipped or due to dote,, of any of the commit, or obligalions of this purchase order and shall not be deemed a waiver of any Who of the damage in Admit, may be returned to you for credit and are not to be replaced except upon receipt of written purchaser m insist no. strict performance bereef or any of its rights or remedies as ,o any such goods, regardless instructions from the City of Fort Collins of when shipped, received or narwhal, as to any prior Or subsequent default hereunder, nor shall any pu@oned am] modification or rescission of this purchase order by the Purchaser operate as a waiver Of any of the It=, Inspection. GOODS we subject to the City of Fort Collins inspection on naval, hereof Final Acceptance. Receipt of the merehandem, scrvices or equipment in response to this Order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS, aothorized payment on the pan of the City of Fun Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in acted ammounic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact bome by the Purchaser. Theretoforefor good cause 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 Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St., End Collins, CO 80522, unless acquired under federal or sate antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given ro prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoiea Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance- Where manufacturers have diuribming points in various ports of the country, shipment is If the Purchaser directs the Seller to contact nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchase and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply. the Purchaser shipments are made from greater discuss. cony cause the work to be performed by the most expeditious means available to it, and the Setter shall pay all costs associated with such work. Permits- Seller shall p.me at sellers sale cost .11 necessary permits, cenifiwtes and licenses required by all applicable laws, regulations, whi nnecs and Its of the store, municipality, territory or political subdivision where the souk is perforated, or required by any Other duly constituted public authority having Jurisdiction over the work of vendor. Seller funarer agrees to hold the City of Fun Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, miss and requirements. Autho avabon. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and complete amhoriy to bind said parries. LIMITATION OF TERMS, This Purchase Order expressly limas acceptance to the terms and conditions sated herein set forth and any supplementary or additional tams and conditions annexed hereto or incorporated herein by reference. Any additional ordilferenl terms and conditions proposed by Belles are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery date as noted. Time is of essence. Delivery and performance must be effected within the time ,bled On the purchase order and the documents machd hereto. No act of the Purchases including, without limitation, acceptance Of partial late deliveries, shall operate as a waiver of this provision. In the event i f any delay, ,he Purchaser shall have, in addition to other legal and equitable remedies he .,loop 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 1. causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts Of God, acts of civil or mi how, authorities, govemmemnl priwifies, fires, strikes, Hood, epidemics, wars or riots provided that nmice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller firs, received knowledge thereof In the event of any such delay, the date of delivery shall be extended for the period equal as the time actually lost by reason of rare delay. 3.WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples crisper Other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees m hold the purchaser harmless from any loss, damage or expense which the Purchaser may sutler or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cast to the purchaser, any defies, or fauld. arising within One (1) year or within such longer period of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not I. be unreasonably delayed), insulting from imperfect Or defective work done or materials famished by the Seller- Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase 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 profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4, CHANGES IN LEGAL TERMS. The Forebear may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the mrnq other than legal terns, including addition, to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change alTeca the —.an, due of We time ofi erfomtao¢ hereunder, an equitable adjustment ball be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all imports of the goods then nso shipped, subject to any equitable adjustment between the pan as to any work err mamria6 than is progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stock No such mrminmiod shall relieve the Purchaser or the Seller ofany oftheir obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is .Nerd. 8. COMPLIANCE WITH LAW. The Seller warams that all goods sold hereunder shall have been produced, sold delivered and Ramified in ,trial compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be ncor t omted in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless foam all costs and damages mf@rd by the Pmcheser as a result of the Sellers failure to comply with such few. 9. ASSIGNMENT. Neither party shall assign, number, or convey this Order, or any monies due or to become due hereunder without the prior written coasent ofthe Other pert,. 10. TITLE. The Seller warrants full, clear and urnestricted title to the Purchase for all equipment, materials, and items famished Or perfrmauce of this a Brave n, Gee and clear of any and all liens, rearicti.m, reserawiom, security interest encumbrances and claims of others. The Sells, shall release the Purchaser and its contractors of any tier from all liability slid claims of any nature e.chip, from the performance of such work. This relmse shall apply even in be event of fault of negligence of the party released add shall extend to the dircclors, officers and employees of such party. The Settees contractual obligations, including wamnry, shall not be deemed to be reduced, in any was became such work A performed or caused,. be performed by the Purchaser. 14, PATENTS. Whenever the Seller is required to use any designdcvieq material or proms, covered by lolls,, patent, mademark or wpyrigbt, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason Of the nso of such parented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, 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 case said equipment, or any pan thereof or the intended use of the goods, is in such suit held to constitute imGngement and the use of said equipment or part is enjoined, the Seller shall, at its own expense and at its option either procure for the Pumhaser the right to continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment, Or modify it so it becomes noninfringing. I S. INSOLVENCY. If the Seller shall became insolvent or bankrupt, make an assignment for the benefit Of creditors, appoim a receiver or trustee for any of the Sellers; Property or business, this order may fonusirh be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the rights of all panics hereunder shall be construed under and governed by the laws of the State Of Colorado, USA. The following Additional Conditions apply only in cases where ode Seller is to perform work hereunder, including the services of Sellers Represmadivefid, on the premises of others, 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in u of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Seller's own expense and to the smisfoction of the Purchaser. When materials read equipment are tumbled by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same al the sire and became responsible therefor as though such materials and/or equipment were being famished by the Seller under the .,der. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefia, to its employees employed on or in connection wilt the work covered by this purchase order, and/or to their dependents in accordance with the laws of the sate in which the work is to be done. The Seller shall also carry mmmeharrave general liability including, but not limited W. contractual and automobile public habit try insurance with bodily injury and death limits of at least 5300,000 for any one person, 5500,000 for any one accident and property damage Irma, per accident of S400.0)). The Seller shall likewise require his contractors, it any, to provide for such compensation and imumnce. Before any of the Sellers Or his c.mraetors employees shall do any work upon the premises of others, the Seller shall famish the purchaser with a certificate that such compensation and insurance have been provided. Such repatrares shall specify the date when such compensation and insumnee have been provided_ Such crnifimtes shall specify the date when such compensation and insurance expires. The Seller agrees that each compensation and iasurare a shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes he entire responsbility and liability for any and all damage, loss or injury of any kind or nature whatsoever 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 Seller will indemnify and hold barmless the Purchaser and any cr all of the Purchaser officers, agents and employees from and against any and all claims, losses, damages, harges or expenses, whether direct or indirect, and whether to persons or property in which the Purchase, may be put or subject by reason of any act, action, neglect omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or comments oHieers, agents or employees. In case any suit Or other proceedings shall be brought agruns, he Purchaser, Or its officers, agents or employees at any time On account or by reason of any not, action, neglect, omission Or default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expenses, to pay any and all costs, charges, attorneys fees and other expenses, any and all judpnents that may be incurred by or obtained against the Purchases or any of its or their officers, agents or employees is such suits or .the, proceedings, and in case judgment or other lien be placed upon Or obtained against the property of the Purchaser, or said parties in or as a result of such suits or cost proceedings, the Seller will at once cause the same 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 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 1970 and all rules and regulations issued pursuant thereto. Revised 07R014