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HomeMy WebLinkAbout479610 WINFIELD SOLUTIONS - PURCHASE ORDER - 9145206PO PURCHASE ORDER 914520er Page C117/ of PURCHASE 45206 1012 Flirt Collins( This number must appear ��,/`I ` V " on all invoices, packing �slips and labels. Date: 09/10/2014 Vendor: 479610 WINFIELD SOLUTIONS PO BOX 64281 ST PAUL MN 55164-0281 Ship To: COLLINDALE GOLF COURSE CITY OF FORT COLLINS 1441 E HORSETOOTH RD FORT COLLINS CO 80526 Delivery Date: 09/10/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price Per Quote dated 9/8/14 Fertilizer 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 Ennail:purchasing@fogov.com 1 LOT LS 5,996.10 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. Tail exemptions. By sumac the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is ILNONWAIVER. 9804502. Federal Execute Tax Exemption Certificate of Registry 84-6000581 is registered with the Collector of Failure of the purchaser to most upon strict pert are of the mats and conditions hereof, failure or delay m Internal Revenue. Denver, Colorado (Ref Colorado Revised Si s 1973, Chapter 39 26, 114 (a), exercise any rights or remedies provided herein or by law, failure to promptly body the Seller in the event of a breach, the acceptance of or payment for good heeunder or approval ofthe design, shall not Nose the Seller of Goods Rejected. GOODS REJECTED due to failure to meet spreifcatioo, either when shipped or due m defects of any of the wammties or obligations of this purchase order and shall not b, deemed is waiver of my right of the damage in vomit may be returned to you for credit and arc not in be replaced except upon recelpa of wrism immune, 1. moist upon shirt performance hers!or any of its rights or remedies in to any such good, regardless imtrmlions from the City of .. Colliut of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purposed oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terns Inspection. GOODS am subject to the City of Fall Collins inspection an arival. hereof. Final Accepumce. Receipt of the merchandise, services r equipment in response to this order eon result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on (lie pas of the City of FortCollins However, it is to be understood that FINAL Seller and the Purchaser recognize that in admd a is practice, Overcharges resulting front antitrust T ACCEPANCE is dependent upon completion of all applicable required inspection procedures. violations sere in fact been, by the Purchaser.T 'heretofore, for good cause and in consideration for executing this purchae order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terns. Shipments most be F.O.B., City of Pas Collins, 100 Wood St, Fos Collins, CO 90522, unless acquired under federal or state wmitmn laws far such overcharges relating m the Particular bonds or services otherwise speri fled on this order. If permission is given to prepay freight and charge separately, the original (might purchased or acquired by the Purchases puuuant m this purchase ort bit most accompany invoice. Additional charges for parking will not he accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipmem Distance. Nmere tmnufazturers have distributing points in various items of the country, shipment is If the Puchaet directs the Sellefta carrier nonconforming Or defective good by a date b be egored upon by the expected from the micro, distribution point to deduction. and excess freight will be deducted from Invoice when purchaer and the Seller, and the Seller meeafter indicates in iwbili y or unwillingnes to comply, he Purchssm shipmrnts are made farm Bremer distance. may cause the work to Ire performed by the most expeditious means available 10 it, am the Seller shall pay all costs associmN with such work. Permits. Seller shall procure at sellers sole cast all naturally permits, sci ifiores and licenses required by all applicable laws regularities, ordinances and roles ofthe sum, municipality, territory or political subdivision %hem the work is performed, or require by any other duly comfimmd public authority having jurisdiction over the work of vendor. Seller further agrees an hold We City of Fun Collins harmless Gom and against all liability and loss incurred by them by reason of an asserted or established violation of any inch laws, regulations, eminences, macs and requirements. AUNorizutian. All parties to this contract agree but the a presenlativa are, in fall, bores fide anJ possess full and complete authority In bind said parties. LIMITATION OF 'TERMS, This Purchase Older,xpmssly limits acceptance to We it. and conditions stated herein set Ruth and tiny supplementary or addifiaml arms, and tantrum annexed harem of incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immNimely ifyou cannot make..,lure shipment to arrive rat your promised delivery date as nosed Time is ofine essence. Delivery and performance maul be effected within the time stated on the purchase order and the documents meched hereto. No gels of she Purchaers including. without limitation, acceptance efforts] la¢ deliveries, shall operate as o waiver or Nis powiven. In she event ofnny delay, the Purchaser skill have, in addition in other legal and rquiuble remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, she Seller shall nut be, liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and woo om its fault of negligence, such acts of Gard, acts ofcivil or military authorities, governmental priorities, fires, strikes, Head, epidemics, wars or riots provided that more Of the conditions causing such delay is given an the Purchaser within Eve (5) days of the time when the Seller fast received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the permed equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller wriuma, That all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, :cod performed with the highest degree of care and competence in accordance with accepted standard for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of she Sellers breach of wananly. The Seller shall replace, repair or make goal, without cost to the pumhaeea any defects or faults wising within one (1) year or wihin such longer period of time as may he prescribed by law or by the terms of my applicable wananty provided by the Seller after the dam of acceptance of me goods burnished] hereunder (azceprarrce not to be warmos manly delayi resulting from hammer or defective work dune or manmals fiunished by the Seller. Acerpume or use of good by the Purchssm, shall not contritum a waiver of my claim under this warranty. Except in otherwise provided in this purchase order, the Sellers liability hereunder shall extend an all darmgs proximately raced by the breach of tiny of me foregoing waramirs or guarantees, but such liability shall in an event include loss of prof¢ or loss of use. NO IMPLIED WARMITTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by winner change order. 5. CHANG ES IN COMMERCIAL TERMS. The Pumharmay make any changes an the terms, other than legal mums, including addin r nations tram the quaiiaiaongildly ordered in the specifications or drawings, by verbal or written change order. If any such chowE afters the mmoum due or the time of performance hereunder, in equitable adjustment shall be made, 6. TERMINATIONS. The Purchaser may al any time by written change order, terminate this agreement as to any or all portions of the good then not shipped. subject to any rquluble summarem between the panics in, to any work or materials then in progress provided but the Purchase, shall not her liable for any claims for anticipated profits on the uncompleted portion o fiat good and/or work, for incidental or consequential damagrs, and that no such adjustment be, made in favor of mm Seller with respec, many gaud which am the Sellers strode d stock. No such mumi ili m shall believe me, Purchaser or the Seller steady of their obligations as to any good delivered bebeuMer. 1. CLAIMS FOR ADJUSTMENT Any claim for adjustment most be, assumed within thirty (30) days from the doe the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regularions to which the goods am 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 incorporated in agreements of this character are hereby me ported React®r by this reference. The Seller agrees to indemnify and hold the Purchaser harsh, foam all casts and damages sulY ed by the purchase, as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pray shall assign, nansfer, or convey this order, or any monies due or to become due hereunder without 'he prior wclften consent of be Omer party. 10. TITLE, The Seller warrens full, clear and unrestricted title as Jim, Purehacr for all equipment, oateials, and items famished in prrfomrmce of this agreement, not, and clear of my anti all limit, retirement, reservations, security inters, ancumbrow. and claims ofothers. The Seller shall relene the Purchaser and its comtcacmrs ofany tier from all liability and claims of my velure resulting from the performance of such work. This release shall may can ar the even, of fault .f negligence of the party release and shall emend or the directors, officersand employees of such party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or canned to be perforated by the purchaser. 14. PATENT S. Whenever the Seller is required to use any design, device, material or process covered by letter, prom, undenark 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 patented design, device, material or process in connection with the cmrmm, and shall indemnify be Purchaer for any coat, a.,. or damage which it may be, obliged to pay by reason of such infringement at any time during the Instruction or after the completion of the work. In case said equipment, or any pas thereof or the intended use of the good, is in such suit held to constitute infringement and the use of said equipment or lam is mjarned, the Seller skill, at its own expense and n its option, cimer procure for the Purchaser the right to continue suing said equipment or pets, replace be same with substantially equal but ...infringing equipment, or modify it so it become. mnlnfringing. 15. INSOLVENCY. If the Seller shall become Insolvent or bankrupt, make on assignment for the benefit of creditors, appoint a or taste, for any of be Sellers property or business, this order may forthwith be canceled by the Northeast, wirhom liability. 16. GOVERNING LAW. The definitions affronts use or the ater walmion of the agreement and the rights of al l parties hereunder shall be construed under and governed by the laws Of the State ofCularodo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including me services Of Sailers Repre,muaividOL tin the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry, an said work at Sellers own risk until me same s fully completed and accepted, and shall, in se of my acciden4 destruction or injury to the work anuVor nuterias before Sellers ❑mat completion and acceptance, consider, for wok of Srilers own expeme and to the smisfort m of the Puchaer. N1mn materials aN equipment art famished by he. far imtalteam. or erection by the Seller, me Seller shall rereive;unlaad, store and handle same at the site and become responsible therefor as though such matm.ls mtNm equipmrm were being fiumshed by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for she payment of workers compeomion, including oceme iowl disease benefire, in its employees employed on or in connection with be work covered by this purchase under, and/or to their dependent, in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability iaumnce with bodily injury and death Iirm of to loco 5300,000 for any one person, 5500,000 far any one accident and property damage limit per accident of 54W,OM. The Seller shall likewise require his contractors, if any, to provide for such mtmpeacniun and insurance. Before any of the Sellers, Or his contractors empoyms shall do any work Pa. he premiss of others, the Seller shall famish the Purchaser with a certificate rho such compensation and imutm¢e have been provided. Such certificates shall specify the date when such umpemahon and insurance have been provided Such cetifiams shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be mainuinc l unit after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. 11e Seller hereby ecommisre retire responsibility and liability for any and all damage, lass or injury ofany kind or vture whatsan'er to persons or pmpeny coaled by or resulting farm the execution of the work provided for in this purchase order or in emmectioa harm im. The Seller will indemnify and hold harmless the Dorchester and my r all of the Purchasers ifre ,' agents and employers from aM against any and all claims, lasses, damages, charges or expeoes, whether direct or indirect and whether an person or wopmy an which the Purchaser may br, pat or subject by mason of my act action, .,I., emission or default' oa be Pas of be Sell,,. any of his contractors, or my of me Sellers or contractors officer, agents or employees. In case my suit or Omer proceedings shall he brought against the Purchaser, or its Officers. agents or employees at any time On account or by reason of any am, action, neglect, omission or default of the Seller of my of his contractors or any of its or their officers, agents or employees a oforesud, the Seller hereby agrees to assume the defense thereof and m defend the same al the Sellers sewn expense, to pay any and all cots, charges, anomrys foes oil .,he, expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their Micros, agents or employers in such suits or Other proceedings, and in case judgment or other lien be placed upon Or Obaain it against the property of the Purchaser, or said parties in or as a result of such sums or other pr.ceedings, the Seller will at once cause me same to be dissolved and discharged by using band or Otherwise. The Seller and his contractors shall like all safety precautions, famish and ioull all guard necessary for the prevention of accidents, comply with all laws and regulations with regard m safety includng, but without limitation, the CredPatiool Safety zed Health Act of 1970 and all cola and regulations slued pat .f merest. Revised 070014