HomeMy WebLinkAbout306043 MAC EQUIPMENT INC - PURCHASE ORDER - 914544314544
PURCHASE ORDER PO
9er Page
City Of 745443 1012
Flirt Collins
This number must appear
V !-\V`I ` 1 1 on all invoices, packing
sli s and labels.
Date: 09/19/2014
Vendor: 306043
Ship To:
PARK MAINTENANCE
MAC EQUIPMENT INC
CITY OF FORT COLLINS
2116 W 1 ST ST
413 S BRYAN
LOVELAND CO 80537
FORT COLLINS CO 80521
Delivery Date: 09/18/2014
Buyer:
DOUG CLAPP
Note:
Line IDescription
Quantity
UOM Unit Price
Extended
Ordered
Price
Truck Loader
1 LOT
LS
4,639.20
ref. quote dated 8/17/14
Mantis LW 8272-00-01 Vacuum
27hp
Dept: Parks
Contact: Greg or Eric
970-221-6613
** Please call 24 hours prior on availability and for delivery instructions **
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 Tertns and Conditions
Page 2 of 2
1. COMMERCIALDETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt from Once and local taxes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption CMiftcate of Registry 84-6000587 is registered with the Collector of
topmast Revenue, Denver, Colorado (Ref. Colorado Revised Sutures 1973, Chapter 39-26. 114 (a).
Goods Rejected GOODS REJECTED due to failure to meet specifmhom, either when shipped or due to defats of
damage in trial may be returned to you for credit and me not to he replaced except upon to not of women
instructions from the City of Fort Collins.
Inspection. GOODS are subject to the City of For Collins inspection on arrival.
Final Acceptance. Receipt of the merchandise, sersmos
equipment in response to this order Can result in
midamzed payment an the Ilan of to City of FinCollinsCol. However, it is to be understood that FINAL
ACCEPTANCE u dependent upon completion of all applicable required inspection procedure.
Freight Tcmu. Shipments mat be, F.O.B., City of Fort Collins, 900 Woad SL, ran Collins, CO 80522, unless
otherwise specified on this order. If pemmission u given in prepay freight and charge separately, to original freight
bill most accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance Where manufacturers have distributing paints in comena pans of the country, shipment is
expected from the nearest distribution point to dom mmion, and excess freight will be deducted from Invoice when
shipments ate made from grata distance.
Pall Seller shall procure at sellers axle mast all necessary permits, Cantrell and Ill. requital by all
applicable laws, mgulahors, ordinances and ales of the state, municipality, territory or Political subdivision where
,he work is performed, or required by tiny other duly constituted public partially having jurisdiction over the work
of vendor. Seller further agrees th held the City of Fort Collins harmless from and against all liability and loss
incurred by them by reason of an asserted or established violation of any such laws, regulations, odinarecel rates
and requirements.
Ari maization. All parries to this Comrazt agree chat to oc reseau,ives are, in fact, boas fide and possess full and
ample authority, to bind said parties.
LIMITATION OF PERMS. This Functions Orda expressly limits acceptance to the teams and condition sated
herein set hedi and any supplementary, or additional cents and conditions amused hereto or inemp rro ed herein by
refractive. Any additional or different tape, and conditions proposed by sells are objcaed to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you Co.., make Complete shipment 1. arrive an your
promised delivery date as noted. Time is office assume. Delivery and performance must he effected within the little
ended on the purchase polar and the documents attached hereto. No erns of the Purchasers including, without
limitation, acceptance of partial late deliveries, shall operate as a waiver of Nis prevision. In the event of any delay,
the Purchase shall have, in addition to .,he, legal and equitable remedies the option ofp wag this miler elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable for damages n a result of delays
due to causes not reunpably foreseeable which are beyond its reasonable control and without its fault of negligence,
such acts of Gal, acts of civil or military amhod,ie, govemmental prionles. Gres, strikes, Hood, epidemics, was or
fiats provided that notice of the Condition causing such delay is given to the Purchaser will eve (5) days or the
time when dhe Seller fruit eceived knowledge thereof In the even, of may, such delay, the date of delivery shall be
extended for the period typal to, the time mAally ton by c awn of the delay.
3. WARRANTY.
The Sella wartonb that all goods, articles, materials and work covered by this oc a will conform with applicable
drawings, specification, samples and/or .the, dclen,tiuns given, will be fit for the purposes intended, and
performed with the highest degree of care and compdence in accoulance with accepted standards for work of a
similar nmvre. The Sella agrees to hold the p akeral harmless from any loss, damage or expense which the
Purchaser may auger m incur on CO..,aof the Sellers breach of wmAmy. The Seller shall appliance, repair a make
good, without en, to to purchaser, any defects or faults ending within one (1) year or wiln such longer period of
time as may he prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of
secepance of the goods fnmishad hereunder (acceptance not to he occasionally delayed), resulting from imperfect
or defective work done or materials famished by the Seller. Acceptmce or use of goods by the Purchaser shall not
constitute a waiver army claim under this warranty. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall expand to all damages proximately caused by the breach of any of the back ... g wanannce
or pozrankees, but such liability shall in an event include loss of profits or loss of we. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal at. by women change order.
5. CHANGES IN COMMERCIAL TERMS.
The Parchner may make any changes ro the terms, other than legal lams, including additions to or deletions from
the quantities originally ordered in the sMcitications or drawings, by valut or written change order11 any such
change affects the amount due or the little ofperfoamaae hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by wriucn change occur, Carriers, this agreement ex to any or all portion of to
goods then not shipped, subject to any equitable adjustment bdween the parties as to any work or materials then in
progress provided that the Purchaser shall tam be liable for any claims for anticipated profits on the uncompleted
podnm of rile goods and/or work, for incidental or consequential damages, and that no such adjnlment be made in
favor of the Seller with respect to any goods which are the Sellers standard stock. No such saturation shall relieve
the Food., a the Seller ofany after, obbr non as to any goods delivered terminal
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be assrded wile lm (30) days Item the date the change or tropical re
Ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants felt all goods sold hereunder shall have been produced, sold, delivered and famished in stria
compliance with all applicable laws and regulation to which the goods are subject. The Seller dull execute and
deliver such documents n maybe required m effect orevidence Compliance. All laws and regulation required to be
meoryom ed in agramems of this character are hereby incorporated herein by this reference. The Sella agrees to
indemnity and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, monfer, or convey this order, or any monies due no to became due heremder without the
prior written consent of the other P.M.
10. TITLE.
The Seller warrants full, clear and uruauaded file be the Parchsser for all Cquipment. materials, pad items reputed
in performance of this agreement, free and clear of my and all lien, restriction, menmdn, security, intand
encumbrances and cfauns of others.
II.NONWAIVER.
Failure of the Purchaser to insist upon strict performance of the mmms and conditions hereof, failure or delay to
exercise any rights or remedies provided heroin or by law, failure to promptly notify the Sella in the event of
branch, the acceptance ofor piymat for goads hereunderor approval of the deign, dull vat.].. the Seller of
any of the warranties or obhgztiom of this purch ve mdcr and shall not he ranted s waive of any right of the
prnchaur to insist upon stria pert abroad or any of its rights or remedies as to any such goads, regnurss
of when shipped, received or accepted, ve to any prior or subsequent default hereunder, nor shall any purposed
am[ modification or rescission of this purchase order by the Purchaser operate n a waiver of any of the corms
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Sella and the Purchaser recognize that in actual economic practice, overcharges resulting Pont nntiri
violation are fo fact boom by the Purchaser. Theretofore, for good cause wand n consideration for exmring is
purchase order, the Sell. hereby assign an the Purchaser my and all claims it may now have m hcreatter
acquired under federal or sum arporeat laws for such overcharges relating to the Particular goods or semecs
purchased or acquired by the Purchaser pursuant b this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the
Purchaser and the Seller, and the Sella thereunder indicates its holiday a unwillingness to comply, the Purchaser
may muse the work to b, performed by the most expedition mean available to it, and the Sella shall pay all
cons expect with such work.
The Seller shall release the Purchaser and its comadors of any tier from all liability and claims of any mime
resulting from the performance Crunch work.
This release shall apply even in the event of fault of negligence if the party relents and shall extend to the
directors, mrCa, and employes of such party.
The Sellers comrmtted obligation, including waranty shall not he demand to be reducd, in any way, because,
such work is performed or mused m b, performed by the Purchases.
14. PATENTS.
Whenever the Seller is required C use any design, device, material or process covered by lever, patent, trademark
te copyright, the Seller shall indemnity and save handless tine 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 contract, and
shall indemnify the Parchaser for any cast, expense or damage which it may he obliged to pay by reason of such
infringement at any time during the prosecution or aner the compleion of the work. la cane said equipment, or
any Pan thereof m the intended use of de goods, is in such suit held Ira contitute infringement and the use of
said equipment on pan is enjoined, the Seller shall, at its own expense and at its option, either promre for the
Pumbase the right in Continue using said equipment or pan, replace the same with substantially equal but
n.ninfringing equipment, or modify it so it becomes noninfringing.
15. INSOLVENCY.
If the Sella shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a
or Crooke for any of the Sellers property a tininess, this order may forthwith be cmeled by the
Purtha err without liability.
16. GOVERNING LAW.
The definition Cfterms used or the interpretation crib, agreement and the rights of all penis hereunder shall be
converted under and governed by the laws of the State of Colorado, USA.
The following Additional Condition apply only in cases where the Seller is to perform work hereunder,
including the services of Sella Repmaaulve(s), on the premises of others.
❑. SELLERS RESPONSIBILITY.
The Seller shall carry on said wok ad Sellers own risk until the more b fully completed and accepted, roil shall,
in u of any accident, destruction or injury to the work m l mak pals before Sellers final completion and
acceptance, complete the work at Seller's awn expense and to the satisfaction of the Purchase, Men materials
and equipment are famished by capers for installation or erection by the Seller, the Seller shall receive, unload
store and handle same at the site and become raponible therefor re though such materials andtor equipment
were being famished by the Sella coder the order.
IS. INSURANCE.
The Sella shall, at his own expanse, provide for the payment of workers compensation, including occupzlond
disease benefit, to its employees employed on or in connection with the work covered by this purchase order,
and/or to their dependen6 in aecoadane with the laws of the state in which the work is to be done. The Sella
shall also carry comprehensive general liability including, but not limited to, contractual and automobile public
liability insurance with hemly injury and &orb limits of at lent Star," for any one hello.. V id,00- far any
one accident and property damage limit per accident of $400,000, The Sella shall likewise squirt W
contractors, if any, no proide for such compensation and inesutvsee. Before any of the Sellers or his contractors
employers shall do any work upon tc premises of others, the Sella shall f smuh the Pntchaur wit it cetifiente
tat such compensation and insurance have been provided Such cenificae, shall specify the dale when such
compensation and issuance have been provided. Such cenificates shall specify the date when such compenplon
and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until afcr the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella hereby assumes the entire respnmlbility and holiday for any and all damage, loss or injury of any kind
or paters, whmscever to person or Property caused by or resulting from the execution tribe wok Provided for Or
this puxlease Collins tar in conrteCie. herewrl The Seller will indemnify and hold harmleon the Purchases and any
Cr all of the Purchasers mincers, agars and employes from wad x against my end all claims, lass, damages,
harges or expenses, whether direct or indirect, and whether to permits or property to which the Furch tier may
be put or subject by reamn of any ace, action, neglect, omission or default on the For of to Seller, any of his
contractors, or any of the Sellers or contractors officers, agents or employees. In save any suit or other
praeedings shall me brought against the Purchaser, or its Circus, age.¢ or employes at any time on account or
by reason of any act, action, deg eat. omission or default of the Sella of my of his contractors or my of its or
their officers, agents or employees as aforesaid, the Sella hereby agree on assume the defense thereof and to
defend the ante m to Sellers own expense, or Pay any roil all costs, charge, mtomeys fees mad other C.Penea
any and all judgments tat may he ancurrd by or obtained Appear the Purchaser or any of ion or their officers,
agents or employees in such suits or other pr«erdings, and in case judgment or other lam be placed upon or
.barred against the property of the Purchaser, in said padres in or. a result ofsuch suits m other proceedings,
the Seller will at once cause the same to be, dissolved and diseharg d by giving bond or otherwise. The Seller and
has contractors shall take all safety precaution, famish and install all gnarls necessary for the prevention of
accidents, comply whir all laws and regulation wit regard to safety including, but without limitation, to
Occupational Safety and Health Act of 1970 and all Alex and regulations Issued poo. tempo.
Revised 01R014