HomeMy WebLinkAbout116519 MAXWELL PRODUCTS INC - PURCHASE ORDER - 9145781Fort Collins
Date: 10/07/2014
Vendor: 116519
MAXWELL PRODUCTS INC
650 DELONG ST
SALT LAKE CITY UT 84104-3911
PURCHASE ORDER
PO Number Page
9145781 1of2
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: 10/06/2014 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 50,000 LBS NUVO CS-B@$.53/LB
PER CDOT PRICING
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
1 LOT LS
26,500.00
Total $26,500.00
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
1. COMMERCDM.DETAILS.
Tax exemptions. By swum the City of Fort Collins is exempt from sate and local tarn. Our Exemption Number is
98/04502. Federal Excise Tax Exemption Certificate of Registry 84,6000582 is registered with the CollMor of
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Satmes 1973, Chapter 39-26, 114 (a).
Goods Rejected. GOODS REJECTED due to failure to meet specificitim s, either when shipped or due to defects of
damage in transit, may be resumed to you for credit and are not to be replaced except upon receipt of written
instructions from the City of Pon Collins.
Inspection GOODS are subjeauo the City of Fort Collins inspection on arrival.
Final Acceptances. Receipt of the merchandise, services or equipment in response to this order can result in
authorized payment on the pan of the City of Fan Collins. However, it is in be understood that FINAL
ACCEPTANCE is dependent upon completion are][ applicable required inspection procedures.
Freight Terms. Shipments must be FOR., City of ran Collins, 7M Wood St, Tom Collins, CO 80522, unless
ether rise specified on this order. If permission is given to prepay freight and charge separately, the original freight
bil I must accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. Where mernmetions have disMbuting points in various pans of the country, shipment is
expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when
shipments am made from ,.an distance.
Permits. Seller shall procure at awlers sole cost all necessary permits, certificates and licenses required by all
applicable laws, regulations, ordinances and rules of the state, municipality, tcritory or polidcal subdivision where
the work is performed, or required by any other duly constituted public authority having jurisdiction over the work
of valor. Seller further agrees to hold the City of Fact Collins barrettes from and against all liability and lass
incurred by them by reason of an excited or nmblhhed violation of any such laws, regulmiors, odiousness, roles
and requirements.
Adhoriaation. All ponies to this contract agree that the represent fives are, in fact, bona fide and posses full and
complete authority to bind said panics,
LIM I I'A'I'DON OF TERMS. This Purchase Order expressly limits acceptance m the lams and conditions stated
herein net funk and any supplementary or additional tams and conditions annexed herein or incorporated herein by
reference. Any additional or different terms and conditions proposed by seller are objected m and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
promised delivery dine as noted. Time u urge essence. Delivery and performance must be ermined within the time
stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
limitation, acceptance of partial late deliveries, shall aremm as a wmarr, of this provision. In the wear of any 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 far damages. However, the Seller shall not be liable far damages as a Jesup of delays
due to causes not mwowbly foreseeable which we beyond its reasonable control and without its fault of negligence,
such acts of God, sets of civil or military authorities, govemmcntal priarilies, fires, strike food, epidemics, warn or
riots provided that ..him of the conditions coming such delay is given Ir the Purchaser within five (5) says of the
time when the Seller first received knowledge thereof In the event of any such delay, the date of delivery shot[ be
exrmdd for the period .at to the time actually last by reason ofthe delay.
3. WARRANTY.
The Seller wammts that all good, articles, rwtenals and work covered by Nis order will conform with applicable
drawings. specifications, samples andror ether descriptiow given will b, is, for me purposes intended, and
Performed with the highest degree of care and competence in accordance with accepted stabdands for work of a
similar nature. The Seller a,. to hold the pumhermr hmmins from any loss, damage or expense which the
Purchaser may suffer or incur on account of the Sellers breach creamed, The Seller shall replace, repair or make
good, without cost to the purchaser, any defects or f Its arising within one (I) year or within such longer period of
time as may be prescribed by law or by the terms of my applicable wrongly provided by the Seller alley the date of
cm,tnce of the goods furnished hereunder (acceptance nut to be unreasonably delayed), resulting from imperfect
or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not
constitute a waiver of any claim under this summary. Except as otherwise provided in this purchase code. the Sellers
liability hereunder shall extend to all ck mages proximately caused by the breach of any of the foregoing w'artvnties
or guarantees, bah such IlabAny shall in no event include lass of profs or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS,
The Pucbasef may make change to legal terms by waiuen change under.
5. Cl IANGES IN COMMERCIAL TERMS.
The Purchaser may make any change, to the tern¢, order than legal eons, including additions to or deletions from
the quantities originally ordered in the specifications or drawings, by verbal or written ebenge order. If any such
ch:mge affects the ,...at due unhe tin¢ of programme, hereunder, an equitable adjustment shall be made.
6, TERMINATIONS,
The Purchaser may at any time by wd0en change order, mrmiwte this agreement as to any or all portions of the
goats then not shipped, subjet to any equitable adjusnnew between the parties as 1. any work or materials then in
progress provided thor me Purchaser shall not he liable for any claims for amicipated profits on me uncompleted
radios of the goods zudior work, for imidental or cometryental damage, and that rm such adjuamem be made in
favor of the Sella with respect to any goods which are she Sellers sandand stock. No such termination shall odeve
the Purchaser or the Seller ofany of their obligations as to any goods delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be armed within Nun, (30) days from the date the change or mmoioation 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 reguleious to which the goods am subject. The Seller shlll 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 ere hereby incorporated herein by this fiferance, The Seller agrees to
indemnify and hold the Punhatt harmless from all casts and damages suffered by the Purchaser as a result of me
Sellers failure so comply with such law.
9. ASSIGNMENT.
Neither party, shall assign, transfer, or convey this order, or any monies due or to became due hereunder without the
prior wrinen c,msew of the other party.
10. 1'H LE,
The Seller.1, full, clew and ugresmded title to Ne Purchaser for all equipment, materials, and isms fumished
in perfomhance of this agreement, free and clear of any and all liars, netrielim s, reservations, security interest
encumbrances and claims orations.
11. NONWAIVER.
Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to
any rights or medics provided herein or by law, failure to promptly notify the Seller in the event of a
breach, m
me acceptance of or payment for goods hereunder or approval ofthe design, shall not release the Seller of
any of the warranties or obligations of this purchase order 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 remedies as to any such goods, regardless
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any porm ed
oral modification or oncinuon of this purchase order by the Purchaser operate as a waiver of my of the ears
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize Wert in actual economic practice, overcharges rulting from antitrust
violations area. fact hom
e by the Purchaser. Theretofore to, esgood cause and as consideration for executing Nis
purchase order, the Seller hereby assigns to the Pumhuec my road all claims it may now have or hereafter
required under federal or sure antitrust laws for such overcharges relating to the particular goods or services
purchased or acquired by the Paculuaser pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to correct nowunfomring or defective goods by a date to be agreed upon by the
Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
may cause me work to be performed by the most expeditious means available to it, and the Seller shall pay all
costs associated with such work.
The Sella shall release the Purchaver and its contractors of my tier from all hand iry and claims of my name
resulting from the putt mofsuch work.
This release shill apply wen in the event of fault of negligence of rise party released and shall extend to the
dumeram, otlieers and employees i f srch party.
The Seller's contractual obligations, including warranty, shall not be deemed to b, reduced, is any way, because
such work is per! red orcnused m be p ofimaned by the Purahaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark
or copyright, the Seller shut indemnify and save hornless the Purchaser from any and all claims for management
by reason of the use of such pmented design, device, material or process in connection with the comment, and
shall indemnify the Purchaser for any costs expema or damage which it may ho obliged he pay by reason of such
infringement at any time during the prosecution or a0er the completion of the work. In case said equipment, or
any pan Hereof or the intended use of the goods, is in such suit hard to constitute infringement and the me of
said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the
Purchaser the right to continue using said equipment or pinta, replace the same with substantially equal but
noninfringing equipment, or modify it so it becomes noninfringing.
15. INSOLVENCY.
If the Seller dull become insolvent or bankmpl, make an assignment for the benefit of creditors, appoint a
receiver or trustee for any of the Sellers pmpmy or business, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions oRcers used or the interyroug on ofmi agreement and the rights ofall panics hereunder shall h
command under and governed by elm laws oftlhe Sure of Colomdo. USA.
The following Additional Conditions apply only in cases where the Seller is to perform wort: hereunder,
including the services of Sellers Reprewmative(s), on the premises citations.
17. SELLERS RESPONSIBILITY.
The Sella shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall,
in e of any accident, destruction or injury to the work iodic, materials before Seller's fiw1 completion and
ecceptame, complete the work at Sellers awn expense and to the satisfaction of the Purchaser. When nationals
and equipment are famished by orders for installation or erection by the Seller, the Seller shall receive, unload,
store and handle same at fee site and become responsible member as though such materials anllor equipment
were being furnished by the Seller under the order.
18. INSURANCE.
The Sella shall, at has own expose, provide for the payment of workers compensation, including occupational
disense benefits, to its employees employed on or in connection with me work covered by Nis purchase order,
finger in their dependents in reprobative with the laws of the state in which me work is to be done. The Seller
shall also carry comprehensive general liability including, but not limited 0, mntravi al and automobile public
liability irsumnce with bodily injury and denth limits of at letter 5300,000 far any one person, 5500,000 far any
one accident and property damage limit per accident of SL00,00q. The Seller shall likewise require his
contractors, if any, to provide for such compensation cad insurance. Before any of the Sellers or his commuters
employees sha11 do any work upon the premises of others, the Seller shall famish the Purchaser with a cmificate
that such compensation and insurance have been provided. Such ttnificates sM1all specify the date when such
compensation and insurance have been provided. Such mo firems shall specify the date when such compensation
and insurance expires. The Seller agjen Nat such compensation and insurance shall h maintained until a0er me
entire work is completed and accepted
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assume the entire nsponsibility and liability for any and all damage, loss or injury of any kind
or wture whomever to prrsons or property caused by or resulting from the execution ofthe work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold hero neon the Purchaser and any
r all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether to Persons or property 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
antmctors, or any of the Sellers or commcmrs ollicers, agents or mp rasuo. 1. cam, any sail o other
proceedings shall be brought against the Purchaser, or its officers. agents or employees at any time on account or
by reason of any act, action, neglect omission or default of me Sadler of my of his contractors or any of its or
their oRcers, agents or employees as aforesaid, the Seller hereby agrees to assume Ne defense thereof and in
defend Ne same or the Sells. own expose, to pay any grad all costs, charges, wu mays fees and other expenses,
any and all judgments the may be incurred by or obtained against the Purchaser or any of its or their officers,
agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or
obtained against the profanity of the Purchaser, or said parties in or as a result ofsuch suits or other proceedings,
the Seller will at once cause the same to to, dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall fake all safety precautions, famish and install all gumis necessary for the pmvention 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 roles and regulations issued Portland therein.
Revised O7Q014