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HomeMy WebLinkAbout116519 MAXWELL PRODUCTS INC - PURCHASE ORDER - 9145282Fort Collins Date: 09/12/2014 Vendor: 116519 MAXWELL PRODUCTS INC 650 DELONG ST SALT LAKE CITY UT 84104-3911 PURCHASE ORDER PO Number Page 9145282 7of2 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: 09/11/2014 Buyer: JOHN STEPHEN N ote: Line Description Quantity UOM Unit Price Extended Ordered Price 50,000 LBS NUVO CS@.53/LB 1 LOT LS 26,500.00 PER CDOT PRICING Total $26,500.00 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.wm 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 exemptions. By statute the City of Fan Collins is exempt fmm stale and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Cemifcate of Registry 84 6000589 is registered with the Collector of Internal Revenue. Denver. Colorado (Ref Colorado Revised Statures 1913, Chapter 89-26, 114 (s). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in mown, may be resumed to you for crcdh and are not to be, replaced except upon receipt of wrinen instructions four the City of Fort Collies. lapectim, GOODS arc subject to the City of Pool Collins inspection.. arrival. Final Acceptance. Receipt of He merchandise, services or equipment in raponm to this order can result in authorized payment on the pan of the City of rum Collins. However, it is tobe understood thatFINAL ACCEPTANCE is dependent upon completion of all applicable required inspection pnxedures. Freight Term, Shipments must he F.O.B., City of Fan Collins, 700 Wood St., Fort Collins, CO 80522, unless otherwise specified on this ardec If permission is given to prepay freight and charge separately, the original freight bill mat accompany invoice. Additional charges for Packing will rot be accepted. Shipment Distance. When: manufacnuets harc dimibuting points in various ports of the ntry. shipment is expected fmm the concept distribution Point to destination, and excess fight will be deducted fmm Invoice when shipments are made form Bream, distance. Prormu. Seller shall procure at sellers sale cost all necesmry permits, cenilicmes and licenses requital by all applicable laws, regulations, ordinances and mles of the state, municipality, territory or Political subdivision where the work is performed, or required by any other duly comtimled public authority having jurisdiction over the work of sador. Seller firer «Pax m hold the Cu, of 1'on Collins harmless fmm and against all liability and loss insured by Hem by reason of on asserted or established violation of eery such laws. regulations, ordimma, tales taw requirements. Authorization. All parties a. this contact agree but the pasoco ntmives are, in fact, bona fide and possess full and complete authority to bind and ponies. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and condiliog sped herein set forth and any x,lilanamsy or additional louts and conditions annexed hereto or incorporated herein by reference. Any additional or IilRrcnt terms and conditions proposed by seller are objected m and hereby referred. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immdiately if you cannot make complete shipment to arrive on you promised delivery dam as noted. Time is ofthe essrnce. Delivery and persimmon, must be eRecred within the time staled on Ne purchase order and the documents attached hereto. No arts of the Purchasers mrI Jing, without Iarramu n, acceptance of,.ial lure delivena, shall operate as a waiver of this provision. In the event ofany delay, Ne 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 net reassembly foreseeable which are beyond Its reasonable amrol and without its fault of negligence, such acts of God, acts or civil or military authorities, gavemmenml pdardies, fires, strikes, Rood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Puha rcses within five (5) days of the time when the Seller first nativist knowledge themof. In the event of any such delay, the date of delivery shall be extended for the Rapid spinal to the time actually tat by reason ofthe delay. I. WARRANTY. The Sella warrants that all goods, amides, materials and work covetd by his order will cons with applicable drawings, specifications, samples andlor other descriptions given, will be fit for the purposes intended, and Performed with the highest degree of care and compdence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser horonless fmm any loss, damage or apamx which the Purchaser may suffer or incur on account order Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser any defects or faults arising within one (1) yea, or within such longer period of time as may be pracrihd by low or by the terms ofany applicable warranty provided by Ne Seller after the date of acceptance ofthe goods famished hereunder (acceptance tort m W unreasonably delayed), resulting fmm imperfect of defective work done or nuerials f ished by the Seller. Acceptance or cue signals by the Purchaser shall rwr .it.,, a waiver ofany claim under this wammry. Except is otherwise provided in His purchase orda, the Sellers liability hereunder shall extend in all damages proximately cooed by be breach of my of the foregoing warmmies Or guerdmees, 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 Purchaser may make changes to legal terms by written change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms. Met than legal itrats, including additions to or deleliorrs from the qua.ours originally ordered in the specification or draw ags, by verbal or wrown change order. If any such change aRects be amount due or the time of performance hereunder, an equitable adjustment shall he made. 6. TERMINATIONS. 'rhe Purchaser may at any time by written change order, tantrum His agreement as to any or .11 mmions of the good then not shipped, subject to any equitable adjustment between the panics se to any work or materials then in progress provided that the Purchaser shall nut be liable fir any claims for antiapac l profits on the uncompleted portion of the goads maker work, for incidental or ansaluential damages, and that no such adjustment be made in favor of the Sella with raper, to any Goad which art the Sellers small stock. No such pars iruti t. shall relieve the pachner or the Seller ofany of their obligations as to any good delivered hereunder. 9. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assured within thirty GO) days form the date the change or lamination is ordered. I. COMPLIANCE WITH LAW. The Seller warrants that ail good sold hereunder shall have been produced, sold, delivered and famished in stria compliance with all applicable laws and regulations to which the good are subject. The Sella shall execute and deliver such documents u may he required W effect or evidence compliance. All laws and regulation required to be impersoated in agreements of this imposter are hereby imoryomud herein by this reference. The Seller agrees t0 indemnify and hold the Pumhuer hapless form all eras and damages aulTemI by the Purchaser u a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any mmies due or to become due hereunder without the at., written consent of the other party. 10, TITLE. The Seller warants full, clear and iuuestrictal rifle ro the Purchaser for all equipment, mmerials, and items famished in perfomame of Nis agreement fee and clear of any and all lieu, restrictlom, reservations, security inlera t encumbanca and claims of.thers. ILNONWAIVER. Failure of the Purchaser to insist upon strict performance of the terns vad emaditiorsx here.[ failure or delay to any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach. the the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Sella of any of the war area or obligations of this purchase order and shall not M deemed a waiver of any right of He purchaser I. insist upon strict performance hereof or any of its rights m rtmedia nt to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hospital nor shall any purponM oral modification or reuission of this purchase oMer by the Purchases operate as a waiver of my of the tame hermf. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrustWolohan, are in RuT t home by the Purchaser. heretofore, for good cause and as consideration for executing this purchase order, the Seller hereby resigns to the Purchaser any and all claims it may now have or hereafter acquital under federal or state antitrust laws for such overcharges relating to the particular goods or services purchased or acquired by Ne Puchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to correm mnconf.rmieg or defective goods by is date to be agrcd upon by He Purchaser and the Seller, and the Seller Hereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means amilable to it, and He Seller shall pay all ors¢ ass.ciatd with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in He event of fault of negligence of the gamy relented and shall extend to fe directors, officers and employees afsuah pang. The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is womm rid or caused m be performed by the Purchases. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark r copyright, the Seller shall indemnify and save harmless the Purchaser fmm any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cur, expense or damage which it may be obliged W Pay by reason of such infringement al any lime during the pmxecmio s or after the completion of the work. In ease said equipment, or any pan thereof or the intended use of red good, is in such suit held to mmtimm inGngemant and the use of said equipment or pan is enjoined, the Seller shall, at its own expertise and at its option, either procure for He purchaser the right to continue using said equipment or parts, replace be same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15.INSOLVENCY. If the Seller shall became insolvent or bank.,,. make an assignment for the benefit of creditors, appoint a conniver or trustee for any of the Sellers property m business, This order may forthwith be canceled by be Purchases without liability. I& GOVERNING LAW. The defini,iom of terms and or He interpretation ofthe agreement and the rights of all parties hereunder shall be command under and governed by the laws of the Stang ofCOloado, USA. The following Additional Conditions apply only in where the Seller is to perform work hereunder, including the services mrSellas ReInammtive(s), on thecases premises ofmors. ,_ 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until He same is fully completed and accepted, and shall, an au of my accident, destruction or injury to the work and'or materials before Sellers fool completion and acceptance, complete the work at Seller's own expense mM to He satisfaction of the Purchases. When materials and equipment art famished by others for installation or erection by He Seller, the Sella shall receive, wload, store and handle same at the site and become responsible therefor u though such materials maker equipment were being fumishd by the Seller under the order. 18. INSURANCE. The Seller shall, in his own,expense, provide 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 He lass of be spite in which the work is to be done. The Seller shall also any, comprehensive general liability including, but Out limited to, .1.1-1 and automobile public liability insurance with bodily injury and death limits of u least S300.000 for any one person. 550AW for any one actldem and pmpmy damage limit per accident of S400,000. The Sella shall likewise require his mntaclots, if any, to provide for such compensation and insurance. Before any of He Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish be Purehuer with a certificate that such compensation and insurance have been provided. Such certificates shall specify the due when such om,monion it,] insurance have been provided. Such rabricares shall specify the date when such rompeosation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responibiliry and liability for my and all damage, loss or injury ofany kind r mrum whatsoever to persons or property caused by or resulting from be execution off, work provided for in this purchase order or in connection herewith. The Sella will indemnify and hold hmmless the Purchases and any cr all of He Purchasers 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 properly to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his ontadors, or any of the Sellers or contractors officers, agents or employees. In cam any suit or other proceedings shall be brought against the Purchaser, or in oRcers, «germ or employees at any time on account or by Opera of my act, actior, neglect, omission or default of the Sella of any Of his inamorata or my of its or Heir officers, agents or employees as aforesaid. the Seller hereby agrees to assume the defense thereof and t0 defend He same at the Sellers own ,,,age, to pay my and all costs, charga, amomeys fees and Other expemex, any and all judgments that may be inserted by or obtained againt the Purchaser or my of its or Nei, oRcers, agents or employees in such suits or after potoe aj and in cox jdgmmt or other lirn be placed upon or obtained against the property, ofthe Purchaser, or said parties in Or as a result clench suits or other proceedings, the Seller will at once cause be same to be dissolved and discharged by giving bond or otherwise. The Seller aad his contractors sholl take all safety premmiom. Finnish and install all guard necessary for the prevention of accidents, comply with all laws and regulations with refund to safety including, but without limitation, be Occupational Safety and HealthAct of 1970 and all rues and regulations issud pursumt Hereto. Revised OJnit