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HomeMy WebLinkAbout306043 MAC EQUIPMENT INC - PURCHASE ORDER - 3214418PO PURCHASE ORDER 321441er Page CI�/ of PURCHASE 3214418 t of z Flirt Collins Ins This number must appear ��,/`I ` V ` on all invoices, packing sli s and labels. Date: 09/03/2014 Vendor: 306043 MAC EQUIPMENT INC 2116 W 1 ST ST LOVELAND CO 80537 Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 09/02/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price Blanket Order for 2014 1 LOT LS 10,000.00 Total $10,000.00 Pay terms net 30 days Invoice Address: 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 City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fogov.mm PO BOX 580 Fort Collins, CO 80522-0580 �IF�i7f�i etCr�R•i7tT[YLTIDLLF� Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Pon Collins is exempt farm state and local raze. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-I5000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terns and conditions hetmf, failure or delay to Internal Revenue, Drover, Colorado (Ref. Colorado Revised Studies 1973, Chapter 39-26, 114 (a), exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the macptan.Of or pa,,cn, for goods hereunder or approval ofthe deign, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure a meet sparications, either when shipped fir due to defects of any at the warranties or obligations of Ibis purchase order and shall not be deemed a waiver of any right of the damage in travail, may be returned to you for credit and are not to be, replaced except upon receipt of wrinen purchaser to insist upon start performance hercoror any of its rights or remedies as to any such goods, regaMess instructions from the City of For Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported am] modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the tarns humanist. GOODS ere subject to the City of Too Collins inspection on arrival. hetcof. Finel Ac.ptarme. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on Nan pan of the Ciry of For Collin. However, it is to b, understood that FINAL Seller and Be Purchaser recognim Nat in anus] tt uric practice, overcharges ranching from antitrust ACCEPTANCE is dependent NO completion Of.][ applicable required inspection pwooduas. violations arc in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assign to the Purchaser any and ail claims i, may now have or human, Freight Terms. Shipments must be LOB., City of Fort Collins, 700 Wood St., For Collins, CO 80522, unless acquired order federal or sere antlbust laws for such overcharges relating to the particular goods or servi.a Otherwise specified on this order. If permission is giver to prepay freight and charge separately, the original freight purchased or acquired by the Purchmer pursuant to this purchase ord, bill mush cramps, invoice. Additional chages for packing will not be accepted 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Learner.Nhme manufacturers have distributing points in various pans of the country, shipment is If the Purchaser diraz the Seller to correct nonconforming or defective goods by a dale to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Sella thereafter indicates its irubiliry or unwillingness to comply, the Purchaser shipments are made from greater distance may muse the work to be performed by are most expeditions means available to it, and are Sella shall pay all casts associated with such work. Pandits. Seller shall procure at sellers sole cost ell necessary p .i., cerfifmte and her. "fired by .11 applicable laws, regulation, ordinance and roles offire same, municipality, territory or political subdivision when the work is performed, or examined by any other duly constitmcd public authority bava,jurisdinion over the work of vendor. Seller faker agree to hold the City of Pon Collin homeless from and against all liability and lass incrand by them by reason of an asserted or established violation of any such laws, regulations, ordinances, roles and rwuirementy. AuNon,ittion. All pion. to this mntrucl agree Nat the rep avocalives are, in fact, bona fide and poser, full and complete authority to bind said panics. 1.IMI'1'ATION OF IERMS. This Purchase Order expressly limits acceptance to the it. and conditions sated herein set both and any supplementary or addamsed terms and conditions annexed hereto or incorporated herein by reference. Any ackla mat or different times and conditions proposal by tattler are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immedisely ifyou cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the esmes. Delivery and perfarnverve mast be effected within the time stated on the purchase order and the documents carried hereto. No aas of the Purchasers including, without loardim, acceptance of prrival late de iven.,, shot] operate as a waiver of this provision. In the event Of any delay, the Purchaser shall have, in addition a Other legal and equitable remedies, the option ofplacing this Order elsewhere and holding the Seller liable lot damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which in, beyond its reasonable control and without its fault of negligence, such acts of God arts ofcivil or military authorities, gavemmental priorities, fires, snakes, Rood, epidemics, wars or Hors provided than notice of the conditions causing such delay is given to the Purchna within five (5) days of the time when the Seller fins received knowledge hermf In the sent of any such delay, the date of delivery shall bd extended for the period al.1 to the time actually lost by reawn oftlrc delay. 3. WARRANTY. The Seller warrants that all goods, raider, m wards and work coverts by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purpose intended, and performed with the highest degree of care and competence in accordance with accepted sendards for work of a similar nature. The Seller agrees to hold he purchaser hmmless farm any lass, damage or expense which the Purchaser may suffer or incur on around nd of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cast to the purchaser, any defects or faults arising within one G ) year or within such longer period of time as may be, prescribed by law or by the cams of my applicable woe only provided by the Seller after the doe of acceptance of the goods f mished hereunder (acceptance Ind to be unreawmably delayed), resulting from imperfect or defective work done or materials famished by are Sella. Acceptance or sex of goods by the Purchaser shall not constitute a waiver ofany claim under ads warrant, Except ch otherwise pmnded in this purchase order, lire Sellers liability hereunder shall extend to all damages proximately mused by the breach of any of the foregoing wumdn e,, m guarantees, but such liability shall in no e'rnr 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 Purchaser may make changes to legal terms by women change order: 5. CHANGES M COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to Or deletions from the quantities originally ordered in the specifications or drawings, by verbal or sammat change order. If my such change affects the amount due of the time of Pafomance hereunder. son equitable adjustment shall be made. 6. TERMINATIONS. The Purehea may at any time by women charge orda, termimare this agreement as to any or all portions of me goals then not shipped, subject m any equitable ad,..nl between the parties as It any work or materials her in progress provided that the Purchaser shall not be liable for any claims for anticipated pmfirs an the uncompleted ,onion of the goods candor work, for incidental or consequential damages, and that no such adjustment be, made in favor of the Seller with respect to any golds which art the Sellers sandard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any Balm for adjustment must be asserted within thirty (30) days from the date the change or lamination is ordered. 8. COMPLIANCE WITH LAW. The Sella warrants that all goods sold hereunder shill have been pmduchd, said, delivered and furnished in strict compliance with all applicable laws and reguladore to which the goods are subject. The Sella shall execute and deliver such documents as may be acquired to effect or evidence compliance. All laws and regulaiom required to h ncor,amped in agreements of this character ere hereby incoryamted herein by this reference. The Sella agrees to indemnify and hold the Purchaser harmless from all costs and damages suReral by the Purchaser as a result of the Sellers failare to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without me prior write coastal of the office party. I O.TITLE. The Sella warants bill, clear and constricted fill, to the parchaer for ell equipment, inumn.H, and it. finmishN in performance of this agreement free and car of any and all Betts restrictions, reservation, security interest commormnco and claims of mhcrs. The Sella shall Marc the Pumhasa and its contractors of any tier from all liability and claims of any mature resulting from the Performance of such work. This release shall apply even in the event of fault of negligence of the Way released and shall extend to the direao., once. and employees of such pmy. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Sella is required f use any design, device, andu rat or process casual by later, patent, uadavad r copyright, the Seller shall indemnify and mve bmmless Nan Purchaser Imam any and all claims for infringement by crown of the use of such patented design, device, material or process in connection with the commet. 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 was said equipment, or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfinging equipment, or modify it so it becomes mismanaging, 15. MSOLVENCY. If the Sella shall become Inwlvent or bankrupt, make m assignment for the benefit of crediew. mpoim a arnica or trustee for any of the Sellers property or business, this ardn may foMwalt be c .led by the Purebua without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the rights of all parties hereunder shall be construed under and governed by the laws ofthe Sum of Colorado. USA. The following Additional Conditions apply only in cases where the Sena is to perform work hereunder, including the servia s of Sellers Reprewm ative(s), on the premises of others. ❑. SELLERS RESPONSIBILITY. The Sella shall tarty on said work at Sellers own risk mail the same is illy completed arnd accepted, and shall, in case of array accident, destruction or injury to the work ardor materials before Sellers Goal completion and acceptance, complete the work at Sellers own expense and no the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by are Sella, the Seller shall receive, indent. store and handle same at the site and become sepmaible therefor as though such commands Idaho equipment were being furnished by the Seller under the order. 18. INSURANCE. The Seller shall, al his own expertise, plmide for the payment of workers compensation, 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 the stare in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and aummobile public liability insurance with bodily injury and death limits of m least 5300,000 fur any one person, S500,000 for any one accident aad property damage limit per accident of S41BIL". The Sella shall likewise require his on ca mars, if any, Io provide far such ..,.loss and imorerce. Before any of the Sellers or his comment. employees shall do any work upon de premise; of orders, the Seller slap famish the Purchaser with a.nifimte that such compensation and immucare have been provided. Such ceaificmts shall specify the date when such compensation and insurance have been provided. Such certificate shall specify the doe what such compensation and insurance expires. The Seller agrees Nut such comperaali m end insurance shall be anainemed until -Be' the .mire work is completed and saxptd. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, Inv or injury ofany kind or nature whosoever to Persons or property caused by or resulting from the execution ofrhe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold M1mmless the Purchaser and any in all of the Purchasers ffears, agents and employ., from it against any and all claims, losses damage, charges or expenses, whether direct or indirect, and whether in persons or property to which me Purchaser may be p.I or subject by .awn of my s , otian, neg[ect, omission m deGuh on the not of doe Sella. any of his contractors, or my of the Sellers or contractors officers, agents or employs. In case my suit or other proceedings shall be brought against Ne Purchases. or its olEcers, speaks or.,]. l el any fiche of acmwt or by emwa of my ack action, neglect, omission or default of the Sella of any of his contractors or any of its or their ofhccrs, agents or employs as oforemid, the Seller hereby agrs to assume the defame thnmf and to defend the same at the Sellers own expense, to pay any and all costs, charge, avomcys 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 promedings, 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 other proceedings, are Sella will at once muse the same to be dissolved and discharged by giving bond or otherwise. The Sella and his contractors shall take all safety precautions, famish and install all guanB na., for Ne saturation of accidents, comply with all laws sad regulations with regard m many including but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulation issued pursuant thereto. Revised Wall14