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HomeMy WebLinkAbout104592 MAXEY COMPANIES INC - PURCHASE ORDER - 9145735PO PURCHASE ORDER 914573er Page City of PURCHASE 9145735 1.12 Flirt Collins Ins This number must appear /�„!I\V`I ` V ` �7 on all invoices, packing sli s and labels. Date: 10/03/2014 Vendor: 104592 Ship To: NATURAL AREAS MAXEY COMPANIES INC CITY OF FORT COLLINS 2101 AIRWAY AVE 1745 Hoffman Mill Road FORT COLLINS CO 80524-2713 FORT COLLINS CO 80522 Delivery Date: 10103/2014 Buyer: DOUG CLAPP Note: Line Description Quantity Ordered UOM Unit Price Extended Price Aluminum Flatbed 1 LOT EA 2,800.00 ref. quote dated 10/2/14 CM Model SS Bed -9-4" x 97' -going on Ford 1`350 60" DRW chassis (PO#9145395) -gooseneck box -rear receiver -tread plate Floor -cab guard with lights -smoothe sides with insert stake pockets Dept: Natural Areas Contact: Greg R. or Erci T. 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 $2,800.00 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 L COMMERCIAL DETAILS. I ax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-0,1502. brilliant Excise Tax Exemption Contains, of Registry 84-6000587 is registered with the Collector of Imemal Revenue, Deaver, Colorado (Ref. Colorado Revised Scores 1973, Chapter 39-26, 114 (a). Goods Rebates. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in drawn, may be mounted to you fur Credit and am not to be replaced except upon receipt of writer instructions from the City effort Collins. Inspection. GOODS are subject to the City ofFort Collins inspection on arrival. Final Acceptance. Receipt of the merchant sardices in equipment in response to this order can result in authorized payment on the pan of the City of Fort Collin. However, it is to be understood that FINAL ACCEPTANCE is repevdmt upon completion stroll applicable required inspection prooeduxu. Freight Terns. Shipments must he ROB,, City of Fon Collins, 700 Wood St., Pon Collins, CO 80522, unless Otherwise specified on this order. If permission is given in papery freight and charge separately, the original freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing Points in various plans of the country, shipment is expected fmm the nearest distribution point to dntinution, and excess freight will be deduned from Invoice when ship.... are made from greater rise.. 11. NON WAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure Or delay to any rights or remedies Provided herein or by law, failure to promptly notify the Seller in the wont of a breach. the zcapance afar payment for goad hereunder m approval of the design, shall net release the Salle of any of the warrafes or obligations of this purchase major and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hereof or any of its rights Or embalms as to ay such good, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purponM real modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Sella and the Purchaser recognize for in octal economic practice, w mhmgw resuhing fmm antitrust violations are in fact home by the Purchaser. Theremfse, for good cause oral as conideabvr fur executing this purchase cola, me Seller hereby assign no the Purchaser any and all claims it may raw lave or hereafter acquired under federal or state antiaust laws for such overcharges relating to the particular goad or services purchased or acquired by the Purchaser pursuant to this purchase Order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser dirtew the Seller to correct nonconforming or defective goods by a date by be agreed upon by the Purchaser and the Seller, aM the Sella therea0rt indicates its inability or unwillingness by comply, the Pumhma may cause the work m he performed by the most expedition mean available To it, and the Seller shall Pay all costs assceiated with such work. Permits. Seller shall procure at sellers sole cast all necessary Favors, certificates and licenses toroidal by all applicable laws, regulations, ordinances and sales of the sate, municipality, summary or political subdivision where the work is perforated, or mluired by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collin harmless from and against all liability and lass incurml by them by reason of but assured or established violation of any such laws, regulation, o iftion es, ales and marionettes. Authorization. All parties to this contract agree that the representatives we, in fact, bona fide and possess full and complete authenly m bind said panics. LIMITA'I ION OF TERMS. This Purchase Order expressly limits ocapbme a the terms and conditions stated herein set Ranh and any sur,lonar ary or additional terms and conditions annexed hereto or mrorr and herein by reference. Any additional or different terms and conditions proposed by seller ase objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you caeca, make c nd,lem shipment to amve on your promised delivery date n noted Time is of the essence. Delivery and performance most be effected within the time stated on the purchase Omer and the documents attached hereto. No acts Of the Purchasers including, without limitation, acceptance apartial lam deliveries, shall opemte as a waiver rf this provision. In the event of nay delay, the 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 M liable far damages as o .It of delays due to causes cut masorably foreseeable which are beyond its seamwble central and without its fault ofee,ligence, such acts of God, acts weed or military authorities, governmental Friendless fees, strikes, fica d, epidemic, wars or dots provided that notice of the conditions causing such delay is given to the Purchxsa within Five (5) days of the time when rise Seiler first received knowledge thereof. In the event of any such delay, the date of delivery, shall l e extended for the period equal to thc rime actually fist by rerson ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, rowereds and work covered by this order will eonfoem with applicable drawings, Nxtrifiwtime, samples ani other descriptions given, will be fit for the purpose intended. and performed with the highest degree of earc and competence in acmmance with acregaed standard fur work of a similar nmee. The Seller agrees to hold the purchaser hornless fmm any loss, damage or expense which the Pumhaser may suffer or incur on account of the Sellers breach missionary. The Seller shall replace, repair or make good, without cost to the purchaser, any defers or fouls arising within one (1) year or within such longer pared or time as may be prescribed by law or by the Inaba of any applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder foreign ace not m be unreasonably delayed), resulting from imperfect or defective work done or momnals furnished by the Sella. Acceptance or use of goods by the Purchaser shall not ontiate a waiver of any claim under this warranty. Except as otherwise prwidcd in this purchase order, the Sellers liability hereunder sit,[] extend to all damages proximately caused by the breach of any of the foregoing warranties On graran ous. but such liability will in no event include low of profits or loss of ne. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE. SHALL APPLY. 4. CHANGES I N LEGAL TERMS. The Purchna may make changes to legal tams by woman change major. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletion fmm the quantities originally ordered in the specifications or drawings, by verbal or ser Lion change major. If any such change affects the amount due or the time of perfmmnce hereunder, an equitable adjustment shall be mach 6. TERMINATIONS. The Purelover may at any time by written change order, mundane this agreement as to any or all portion of the goods then not shipped, subject o any equitable adjustment belween the parties as to any work in materials then in ,rob s provided fat the Purchaser shall not be liable for any claims for anticipated pmfa ern me uncompleted panion of the good arbor work, for incidental in consequential damages, and that no such adjustment be made in favor Of the Seiler with respect Or any good which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any oftheir obligations as to any good delivered hereunder. 2. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (3f) days from the date the change or Termination is ordered. 8. COMPLIANCE WITH LAW, The Seller wstams that all goods smut hereunder shall have been produced, sold, delivered and fumished in strict ompliance 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 incorporated in agreements of this chamcmr are hereby incorporated herein by this reference. The Seller agrees to isdemajfy arm hold fie Purchaser harmless fmm all costs and damages swiftest by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall resign, transfer, or convey this order, Or any monies due or to became due hereunder without the prior written consent ofthe other party. 10, TITLE. The Seller warrants full, clear and unrestricted Of, to The Purchaser for all equipment, mareriah, and items finished in ceK tame of this agreement free ad clear of any and all lien, rtsniction, reservation, security interest coatualm races and claims of others. The Seller shall release the Pumbaser and its contractors of any Tier from all liability .and claims of any nature resulting from the perfarmemse of such work. This M. shall apply wen in the event of fault of negligence of the party released and shall extend to the dimcmrs, olihers and employees of such party. The Sellers conformer obligations, including warranty, shall not be Jarred to Ire reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to we any design, device, material or process covered by lene, patent, trademark or copyright, the Seller shall indemnify and save handles the Purchaser firm any and all claims for infringement by season of the use of such patented design, device, national or process in conduction whit the contract. and shall indemnify fie Purchaser for any and, expense or damage which it may be obliged to pay by reman of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or the intended we of the goods, is in such suit held m constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either pmcurc for the Purchaser the night to continue using said equipment or parts, replace the same with substantially equal but noninGnging equipment, or modify it so it becomes roninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of rise Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions offares used or the interpretation ofma agreement and the rights ofall ponies hereunder shall be cmmmed tutelar and governed by the laws ofthe State ofColotido, USA. The following Additional Cnditioe apply only in cases where the Sella is m perform work hereunder, including rise services of Sellers Represenative(s), on the premises ofothers. 17, SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed ad acmpria, and shall, in case of my accident, destruction or injury to the work amber mmeriah before Sellers foal completion and acceptance, complete the wok m Sellers own expense and to fie satisfaction of the Purchases. When materials and equipment arc furnished by others for inallation or auction by the Sella, the Sella shall receive, unload, store and handle same at the site and become responsible therefor as though such materials anbm equiprrat were being fmished by the Sella under the oMe,. IS. INSURANCE. The Seller shall, at his awn expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the wok covered by this purchase oajur, anbm is their dependents in accomaane with the laws of the sate in which the work is m be done. The Sella shall also carry comprehensive general liability including, but not limited m, vocational mad automobile public liability insurance with bodily injury and death limits of at lent $300,L!"O for any one Person, S5 W,n for any one accident and prrpedy damage limit per accident of $400.". The Sella shall likewise require his rn menim, if my. in mvide for such amr,peassition and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seiler shall famish the Purchaser with a cenificam that such compain ion and insurance have ban provided. Such cenilicata will specify me date when such compensation seed insurance have been provided. Such cenifiettes shall specify the dam when such wmpntsation and insurance expires. The Sella agrees that such compensation and insurance will be maintained until after the entire work k completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the nine responsibility and liability fur any and all damage, loss Or injury crony kind or above whatsoever m persons or property caused by or resulting from the execution of the work provided for in this purchase order or in cormection herewith. The Seller will indemnify and hold harmless the pumhner and any or all of the Purchasers officers, agents and employeea ft. mid against any and all claims, losses, damges a, charow or expenses, whether direct tar indirect. aM whether to person or property to which fie Pumhna may In, put or subject by reason of any act, action, negled, omission or default a the pan of the Sella, my of his ounbutors, or any of the Sellers or commustan Officers, agents or employers. In case any suit or other proceedings shall be brought against the Purchase, or its officers, agents or employees at any time on account or by reason of any act, action, neglect, Omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforemid, the Sella hereby agrees to assume the defense thereof and to defend the same at the Sellers roam expense, by pay any and all casts, charges, anomeys fees end other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their Offers, agents or employees in such snits or other proceedings, and in case judgment or at lien be placed upon or obtained against the pmpeay of the Purchase, or said parties in or as a result winch suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and inmll all guard necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all bales and regulation issued pursuant theme. Raised 07/3014