Loading...
HomeMy WebLinkAbout103341 ACE EQUIPMENT & SUPPLY CO - PURCHASE ORDER - 9145420PO PURCHASE ORDER 914542er Page CI�/Of 9745420 1of2 ' `t Collins lins This number must appear V " on all invoices, packing sli s and labels. Date: 09/18/2014 Vendor: 103341 Ship To: OPERATIONS SERVICES ACE EQUIPMENT & SUPPLY CO CITY OF FORT COLLINS 9660 DALLAS ST 300 Laporte Avenue HENDERSON CO 80640-8451 Building B FORT COLLINS CO 80521 Delivery Date: 09/18/2014 Buyer: DOUG CLAPP Note: Line Description Quantity Ordered UOM Unit Price Extended Price Parts for sweepers 1 LOT LS 8,140.20 Inv#158332 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 Total $8,140.20 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. COMMERCIALDETAIIS. Tax exemption. By s ar re the City of For Collins is exempt fmm state and local mass. Our Exemption Number is 11. NON WAIVER. 98-04502. Federal Excise Tax Exemption Cerificam of Registry 84-6000587 is registered with the Collector of Failure ofthe Purchaser to insist upon strict performance ofthe term and conditions hereof, failure or delay m Imemal Revenue, Deaver, Colorado (Ref. Colorado Revised Statutes 1911, 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, he awemanoe ofor payment for goads hereunder or approval ofthe design, shall not release the Seller of Goods Rejected, GOODS REJECTED due to failure m meet specifications, either when shipped Or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of my right of the damage in hamit, may be retained to you for credit and are not to he replaced except upon receipt of written purchaser to insist upon stater performance hereof or any of its rights or remedies m to any such goods, regardless instructions Gam the City of For Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, our shall any purported oral mNifcation or rescission of this purchase order by the Purchaser crime as a waiver of any of the tents fit,,crion GOODS art subject to we City of For Collin inspection on arrival. hereof. Final Acceptance. Receipt of the memhmdise, u or equipment in mspame to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. anhorued pi emon oa the pan of the City of For Collins. However, it k to be, understood door FINAL Seller and the Purchaser recognize that in actual economicovercharges practice, overches mmlling Rom anditrmt ACCEPTANCE isdependent upon complete ofall applimblerequired m impectionpcedures. violatioare in fact home by the Purchaser. TheMofore,for good cause and as consideration for executing this n purchase order, the Seller hereby assigns to the Purehaser any and all claims it may now have or hereafter IbetgM Teen¢. Shipments must be F OD., City of Fan Collins, AA Wood St., Fan Collins, CO 80522, unless acquired under federal or state antitrust laws for such overchargea relating to the particular goods or services otherwise specified on this oMe,.Ifpemtissian is given to p xsy freight end charge semanate, the original freight purchased (it acquired by the Purchaser pursuant to this purchase order, bit must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipmem Dutance. Where manufacturers have dwarinitng points in various pans of the country, shipment is If the Purchmer directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest chimbmian point to destination, and excess freight will be deducted from Incas, which Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness m comply, the Purchaser shipments are made from greater distance. may came the work to be, performed by the most expeditious meam available to it, and the Seller shall pay all emax aswcmred with such work. Permits. Seller shall pmmare al sellers sole cost all nmrsvry perow, refs fatty and Ito. rtquired by all applicable laws, regulations, ordimnc- and mles of the stare, muaiciylity, temmry or Political subdivision where The Seller shall relaae the Purchaser, and its contrcors of any Bier fmm ell liability and claims of any nature the work is performed, or rryuifN by any .,her duly constituted public authority having junsdirion over the work resulting from the performance ofsuch work. of vendor. Seller Surber agrees to hold the City of Fort Collins harmless from and against all liability and lass anted by them by reason at as asserted or established victor.. of any such laws, regulations, onttnances, tales This release shall apply even in the event of fault of negligence of the party released and shall extend to the and requirements frectara, officers and employees of such party. Authorization. All patties to this contract agree thil the representatives are, in fact, bona fide and possess fall and omplete authority to bind said paries. LIMITATION OF TERMS. This Par row, Order expressly limits acceptance to the terms and mralilarrs stated herein set fond and any supplementary or additional mess and condiuom annexed hereto or imorporaded herein by reference. Any additional or different term and conditions; proposed by seller are objected to and hereby Mixted. 2. DELIVERY, PLEASE ADVISE PURCHASING AGENT Jmmediamly ifyou cannot make complete shipment to alive on your promised delivery date as paled, lime is of the essence. Delivery and performanm most be effected within the time surfed on the purchase milker and the documents attached hereto. No vets of the Purcbasers including wihom limimllon, acceptance of partial Into deliveries, shall operate as a waiver of this provision. In the event many defy, the I'umhme, shall have, in addition Ira other legal and equitable matches. the apllm of,laeiO, this oMer elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages m a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of Gad acts of civil or military autho dow, govemmenml priorities, foes, strikes, RUN, epidemics, was art How provided Rum mire of the coNitims causing such delay is given to foe Purchaser within five (5) days of the time wham she Seller first received knowlNge, thetmf. In the event of any such delay, the date of delivery shall W exanded for the periN equal tO the dime actually lost by reason ofde, delay. 3. WARRANTY. The Seller warmnm that all goods, articles, minerals 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, and performed with the highest degree of care and corpulence in accordance with accepted smndurds for work of u mils nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may mfttr or incur on account ofthe Sellers breach of warranty. The Seller shall replace, repair or make good, without cast to the purchaser, any defers or faults arising within one (1) year or within such longer period of time m may be, pmuribcd by law or by the mom of any applicable commonly provided by the Seller after the clamor acceptance of the goods famished hereunder (acceptance not to h umcaservably delayed), resulting fmm imperfcet or defective work done or maeials famished by the Seller . Acceptance or use of goods by the Pumbmer shall not consulate a waiver of any claim under this warmmty. Except as othemse provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing ,amour is or guammees, but such liability shall in no event include low of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. Cl IANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by wanton change order 5. CHANGES IN COMMERCIAL TERMS. The Part. may make any changes m the semis, other than legal deans, including additions to or ddetimss Rum for 9ursonfes originally interest in the specifications or drawings, by verbal or written change oNer. If any such change affects foe mfi and due or the time ofperfommnce hereunder. an equitable Njustmmt shall be made. 6. TERMINATIONS. The Purciwer may at any time by women change order, terminate this agreement as to any or all portions of the goods then no, shipped subject to any equitable adjustment between the pant- m m any work or materials fen in pmgr-s provided that the Purchaser shall not be (table for nny claims for anticipated profits on the masciplemd 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 good which are the Sellers standard stock. No such dermimtion shall relieve the Purchaser or the Seller ofany of their obligation m to any goad delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. A, claim for mijusmrm must be reserN within thin (Jo) days wen the dale the change or demdnatim is ordered S. COMPLIANCE WITH LAW, The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and burnished] in strict 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 mem,s mtad in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and bold foe Purchaser harmless fmm all costs and damages sufferN by the Purchaser m a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pan shall assign, manager, or coney this urger, or any mardies due or m became due hereunder without the prior Witten consent offe other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items flushed in performance of this agreement, free and clear of any and all liens, restrictions, r-ervations, security interest encumbrances and claims ofothers. The Seller's contactual 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 Pmchaef. 14. PATENTS. Whenever the Seller is rrgvired so use my design, device, material or process coveml by letter, patent, trademark or copyright, the Seller shall indemnify and save hmmless the Puchaer Rom any and all claims for infringement by reason of the use of such painted design, device, material or process in connection with the exammm, and shall indemnify the Purchaser for any cost, expeme or damage which it may be obliged to pay by reason ofsuch infringement at any time timing the prosecution or after the completion of the work. In case said equipment, or any an thereof or the amended use of the goods, is in such suit held in constitute infrngeme t 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 tight to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankmpt, make an assignment for the benefit of creditors, appoint a nexciver or haste, for any of the Sellers propeny or business, this order may forthwith be canceled by the Purchase without holiday. 16. GOVERNING LAW. The definitions oftemts used or the interpretation ofthe agreemem and the rights of sll part- hereunder shall be emishved under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to Perfrm work hereunder, including the services of Sellers Repmaxidu ivds), an the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully romple i and accepted, and shall, in case of my a ewlem, distinction at injury to the work mdfor materials before Sellers fail completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the purchaser. When materials and equipment arc famished by others for installation or erection by the Seller, the Seller shall recess. unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, arms own expense, provide far 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, mi to their dependents in accordance with the laws of the state in which rate work is to be done. The Seller shall also entry comprehensive general liability including, but not IimitN to, contactual and automobile public liability insurance with bodily injury and death limits of a least S30LOW for any are person, SSORWO for any one accident and pmpeny, damage limit per accident of S400,oO0. The Seller shall likewise require his onlmdprs, ifary, to provide for such commission. and insurance. Before any of foe Sellers or his contacmrs employees shall do any work upon he promises of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such cedifcutes shall specify the date when such compensation and insurance have Fan provided Such certificates shall specify foe date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained unit alter the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES, Ind Seller hereby warms the moire responsibility and liability for any and all damage, loss or injury of my kind or more, whoson var to persons or property caused by or reading, from the execution ofthe work providN for in this purehase antler or in connection herewith. The Seller will indemnify and hold hamdess the Purchaser mad any r all of foe Purchasers oIfcen,, agens and employees from and opted any and all claims, losses, damages, charges of expessses, whether direct or indamod, and whether to peso m or property to which the purchase may be put or subject by reason of any act, action, neglect, omission or default on the For of the Seller, any of his contmetors, or my of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall b, brought against the Purchaser, or its officers, agents or employees at my time on aceunt Or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any cries Or their officers, agents or employees m aforesaid, the Seller hereby agars to assume the defense thereof and to defend the same at the Sellers own expeme, to pay any and all costs, charges, auomeys fees and other expenses, any and all jud,fienm that may W imurred by or obminN against the Purchmer or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgmend or other Jim he placed upon or obmineci against the Roper, ofthe Puchaser, or said parries in or as a result of such suits or other proceedings, the Seller will m once muse the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precaution, finish and install all guards necessary for we intervention of accidenm, comply wlf all laws and regulations with mi to safety including, bur without limitation, foe Occupational Safety and Health Act of 1970 and all rules and regula mars issued pursuant thereto. Revised 0712014