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HomeMy WebLinkAbout521569 AEBI SCHMIDT INTERNATIONAL - PURCHASE ORDER - 9144861PO PURCHASE ORDER 9144861 Page C117f of PURCHASE 9144861 t of z Flirt Collins Ins This number must appear /�„�_\V`I ` V ` on all invoices, packing sli s and labels. Date: 08/21/2014 Vendor: 521569 AEBI SCHMIDT INTERNATIONAL 8595 PELHAM RD GREENVILLE SC 29615 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 SCHMIDT STRATOS LEGS KIT 1 LOT LS 6,218.39 reference quote dated 6/17/2014 Quote# 8000-14-2222 Dept: Streets Contact: Neal Jaspers ph# 970-221-6654 Deliver to: OJ Watson 932 "D" Street 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 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 L COMMERCIALDETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NON WAIVER. 98-04502. FNeral Excise Tax Exemption Cam ncate of Registry 84-6OW589 is registered with the Collector of Pailure of the Purchaser to insist upon strict performance of the temrs and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). tworise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of t breach, the acceptance of or payment far goods hereunder or approval ofthe design, shall not release the Seller of Gowk R jetted. GOODS REJECTED due f failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not s deemed a waiver of any right of the damage m evenait may be moment as you for credit and are not ro be replaced except upon receipt of written minimum to i.ho upon strict performance harcofm my arm rights or remedies n to any such goods, regardless inumation from the Ciry of Fon Collins. of what shipped, received or.reped, n ao my pd., or subsequent default hercunsler, nor shall any puryoned am] modification or rescission of this purchase Order by the Purchaser operate ses a waiver of my of the teams Inspection. GOODS are subject to the City stiffed Collins mespection on arrival. hereof. Finn[ Acceptance. Receipt of the merchundise, urvlm or equipment in response to this order can , evish in 12. ASSIGNMENT OF ANTITRUST CLAIMS. nmbori cd payment on the pan of the City of Fair Collins. however, it is to be understand thatFINAL Seller and the Purchaser recognize that in actual economic pucres, overcharges resulting from umimm ce ACCEPTANCE is dependent upon completion.(all applicable required inspection produms. violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for estrum, 'his pnrcluse order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Tenets. Shipments must be F.O.B., City of Fred Collin, 700 Wood St, Fort Collins, CO 80522, unless acquired under federal or state aniiwa laws for such overcharges relaring to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight pomhaud or acquired by the Partial Pa..,,. Nis paahaw We,. bill nano..an,, immice. Additional cargo far pecking will tat the.cepraL 13. PURCHASERS PERFORMANCE ma SELLERS OBLIGATIONS. Shipment Distance. \Vherc manufacwrcrs have d distributing points s us pans of he country, shipment is Purc Purchaser a Sellethe Seller a attract nonconforming or defective goods by a data to h agreed upon by the Mc,arcex,parted form the nearest distribution color m de9iuti.n, and excess freight will be deducted tram Im'oice when Purchaser and the Seller, and the Seller y the most indicates its inability v ilable to it, an m comply, shall Purchaser shipments are mate from greater distance. may coon the work to be performed by the most expeditious meets available m n, end the Seller shall pay all .in, nsaciated with such work Permits. Sealer shell procure at sellers sole cost all necessary permit, cenifates and licenses required w all applicable laws, ormak r ordinances and tales of the some, municipality, territoryorpolitical subdivision whom the work is performed, further required by any ether duly F.. Coled public amhoriry hand jiml anion over the work in vendor. Seller bymoss erg off ro hold the City of Fon Collin Fof my s form and against all liability and loss incurred de,a by Nam by mason of m asserted or cstabltshed violation of my such laws, regulaziou, oNinama, rvin and requirements. Authorization All panics to this comsat agree that the representatives arc, in fact, boon fide and waseo Poll and complete authority to bind said parties. LIMITATION OF I fiRMS. This Purchase Order expressly limits arcep Ouse to the tams and conditions stated herein set forth and any supplementary or additional mmrs and conditions annexed hereto or incaryomted herein by reference. Any additional or different mums vad condition proposed by seller art objected to and hereby rejected. 2. DELWERY. PLEASE ADVISE PURCHASING AGENT immediately Hym cannot make complete shipment to anise on your Promised delivery der a as noted. Time is of the essence. Delivery and performance taus, be effected within the rime noted on the purchase order and the documents mtached hereto. No twos of the Purchasers including, without limitation, acceptance of Radial late deliveries, shall operate n a waiver of this provision In the event of any delay, the Pummi shell have, in addaion m other legal and equitable remedies, the option of placing this role, cluwhem and holding the Seller liable fur damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which ere beyond its reasonable control and withour its Gull of negligence, each ace: of Gad, acts orcied or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or hots provided that notice of the conditions awing such delay is given to the Pamhaur within five (5) days of be line when the Sella fiat received knowledge thereof In the event of my such delay, to date of delivery shall he extended for the period equal m the time carefully lost by mown of the delay. 3. WARRANTY, The Seller warrants ter, all goads, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other description 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 to hold the purchaser harmless from any loss, damage or expetxw which the Purchaser may sniffier., incur on account oFli Sellers beech of wouanry. The Seller shall replace, mpair or male good, without cost o the pumbaua my defects or faults arising within one (I) year or within such longer period of. time m may be preunbrd by law or by the a. ofany applicable wanaaty provided by the Sella nflat the date of .sequence of the goods famished hereunder (treat mate not In be unreremmbly delayed), resulting from imperfect or defective work done or matenals Inmished by the Seller. Acceptance or tie of goads by the Purchaser shall eau institute a waiver of my claim under this warranty. Except as otherwise provided in this purchase of the Sellers liability hereunder shall extend to ell damages proximately caused by the breach of any of the Foregoing warranties or guarmance, but such habiliry shall in no event include loss of profits or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Pumhaur may make changes to legal mm's by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the hourna, other than legal torts, including additions to or deletions from the quantities originally ordered in be specifications or drawings, by verbal or written change order. If any such change aRects the tunnum due or the time of parfommnce hereunder, an equitable adjustment shall be male. 6. TER ATIONS. The Purchaser may so any time by written cadge order, terminate this agreement as to my or all punions of the goods then not shipped, subject to any criminal, sdjusment between'a panin as at my work or materials then in progress provided Out the Purchaser sell not be liable for my claims for amicipaed permit, on the uncompleted portion of the goods atWor work, for incidental or conequential damages, and that m such ndjnament be made in favor of the Seller with respect o my goods which are the Sellers shorthand nOak, No such termination shall di the Purchaser or the Seller ofmy of their obligations as to my goons delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder sill hove been produced, sold, delivered and f ahed in strict compliance with all applicable laws and mgularion m which the good arc subject The Seller at execute and deliver such documents as may be acquird as effect at evidence compliance. All laws and regulations required to the incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indenmify and hold the Purchaser sunless from all costs and damages suffered by the Purchaser n a result Of me Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign,..far, or convey this order, or my monies due arm become due hereunder without the prior writ. commas false other party. 10. TITLE. The Seller warrants full, clear and umestdaed title to the Pumhasse for all equipment, materials, and items fished in perform a of Nis agreement, free and clew of any and all liens, msmetlon, reservations, security interest encumbrances and claims ofethers. The Seller shall calcium the Purchuer and its contractors of any tier from all liability and claims of any nature resulting from the performance, rmanu ofsuch work. This rtkase shall apply even in the event of fault of negligence of be party released and shall extend W the directors, officers and employes ofsuch parry. The Seller's contractual obligation, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or erased m be performed by the Pumh.m. 14. PATEN IS Whenever the Seller is r r dot 1. use any design, device, material or process covered by lather, patent, h irlooms or copyright, the Seller shall indemnify and save harmless the Purchaser from any mJ at I claims for infringement by mason of be use of such patented desigq dI material or forecast m connection with the contract, mJ shall indemnify the Purchaser far any and, expense or damage which it may be obliged to pay by reason fsuch infringement at any time during the Present— or after the completion of the work. In eau said equipment, or any pan thereof or the intended use of the goods, is in such suit held to contione infringement and the use of said equipment or pan is enjoined, the Seller shall, at its awn expense and at its option, either procure for the Purchaser the right to continue using said equipment or pare, replace the same with substantially equal but nomothringing equipment, or modify it so it becomes naninfringing. 15. INSOLVENCY. If the Seller shall become howelvem or bmkmpt snake an assignment for the bencfit of credmrs, appoint a or mutee for my of the Sdkrs property or bninces, this Dade, may foMwith be ancele l by the Purchaser with.., liability. 16. GOVERNING LAW. The definitions of ¢ems load or the interpretation of the agreement and the rights ofall parties hereunder shall be, mntmed under vad governed by the Incas ofrha State of Colaredo, USA. The following Additional Condition apply only in cases where the Sella is to perform work hereunder, including the snvices fSellars Reprtaentative(s), on the ptemues of others. 17. SELLERS RESPONSIBILITY. The Sella span arty an said work in Sellers own risk until the same is rally completed and accepted, and sail, in au of any acriden4 destruction or injury to the walk and is r materials before Sellers final completion and ccepmnce, complete the work at Sellers awn expense and m be satisfaction of the Purchaser. When materials and quip inen, are famished by others to, installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and became responsible therefor as though such materials wri equipment were being burnished by the Seller under the Omer. 18, INSURANCE. The Seller shall, as his own expense, provide for the payment of workers comenn Lion, including wcupmiaml disease benefits, m its employees employed Or or in connection with the work covered by this purchase order, mi to their dependants in .emdance with be laws of the atare in which the wmrk is to be done. The Seller shall also carry comprehensive geaeml liability including, but not limited m, contr.tul and maintains s public liability insurance with bodily injury and death limits of at least 5300,000 for any one person, S500,000 for any me accident and property damage [aril Ref accident of $40Qo00, The Seller shall likewise reuire qhis mbecu rs, if any, to provide for such compemmion and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a cenificatc that such comperoation and romance have been provided. Such sci ifiates shall specify the date when such compensation and insurance have been provided. Such su ificates shall specify the date when such compenwtion and insurance expires. The Sella agrees that such compensation and issuance shall be maintained until after the entire work is completed add.ceptW. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the .,fit responsibility and liability for my and all damage, lass or injury ofany kind or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold handless the Purchaser and any r all of the Foreigners officers, agents and employees form and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to person ar pmperry to which the Purchaser may Its put or subject by reason of my art, action, neglect omission or default on the pan of the Seller, any of his contractors, or my of to Sellers or cootmmors oRcm, agents or employees. In c any suit or other pmceedingy sa][ be brought again, the Purchaser, or its olRem, agents or employees ar any time av acme, or by mason of any tat non, neglect, omission or default of the Seller of my of his contractors or my of its or their officers, agents or employees m aforesaid, the Seller hereby agrees m assume the defense banner and to defend the tame at the Sellers own expense, m pay my and all casts, charges, anameys fees and other expenses, 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 crew judgment or other lien be placed upon or obtained againt du property of to Purchases, or said ponies in or as a resin[ of such suits or other proceedings, the Seller will at once cause the tame to be dissolved and di.harl by giviag band or otherwise. The Seller and his contractors shall take all mfery precaution, fish and inrall all guard nocesvry for the prevention of accidents, comply with all laws shut r umbers with regard m safety including, but without hmdmwb the Occupational Safety and Health Act of 1970 and If rules and regulation issued pursuant thereto. Revised 07R014