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HomeMy WebLinkAbout108921 AGFINITY INC - PURCHASE ORDER - 9145689Fort Collins Date: 10/01/2014 Vendor: 108921 AGFINITY INC PO BOX 338 EATON CO 80615 PURCHASE ORDER PO Number Page 9145689 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: PARK MAINTENANCE CITY OF FORT COLLINS 413 S BRYAN FORT COLLINS CO 80521 Delivery Date: 10/01/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price Fall bulk & bagged fertilizer 1 LOT LS 26,000.00 per quote dated 9-15-14 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 Fart 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 Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fan Collins is carmpt farm state and local taxes. Our Exemption Number is 98-04502. Federal Exaise Tax Exemption Certificate of Registry 84-6000587 is mgisWed with the Colleemr of Internal Revenue, Denver, Colorado (Ref. Colorado Raised Smarms 19D, Chapter 39-26,114 (a). Good Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped OF due to defects of damage in transit, may, be returned to you for credit and are not w be replaced except upon receipt of wrim. instmdions from the City of Fan Collins. Impaction. GOODS are subject to he City of Fan Coll am inpeton an arrival. Fired Acceptance. Receipt of the merchandise, services or equipment in rmpome to this Omer can result in amhnrized payment an the pan of the City of Fort Collins. However, it is m be understand that FINAL ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. Freight Tears. Shipments must be F.O.R., City of Too Collins, 700 Wood St, Fort Collins, CO 80522, unless atherwisa specified on his order, If permission is given to prepay Freight and charge separately, the original freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Dismnce. Where weelfsmms have distnboting points in cations pars of he, country, shipment is expected from the must distribution point to destination, and excess fright will be, deducted farm lmoice when shipments are made from grater distance. Permits. Seller shall procure at sellers sole cast all necessary pemris, cenificmes and licemes required by all applicable laws, ray lotions, ordinances and roles of the state, municipality, temtory, or political subdivision where fie work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Four Collins harmless Imo and against all liability and loss incurred by them by reason of tar asserted or established violation of any such laws, regulations, ordinances, roles and requirements. Authoriamion. All parties to this contract agree that the representatives art, in fact, bona fide and possess full and complete oulhariry to bind said panies. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set Ranh and any supplementary ar additional terms and conditions annexed hereto or imomorated herein by reference. Any additional or different terms and conditions proposed by miler are objected to and hereby rajecred. 2. DELIVERY, PL17ASE ADVISE PURCHASING AGENTimmediately Ryou cannot make complete shipment to arrive on your promised delivery dare as nwled. Time is order essence. Delivery and performance muss he elected wadim the time stated on the purchase order and the documents ached hereto. No ats of the Purchasers including, without limitmlon, acceptantt of partial hat deliveries, shall operate as a waiver of this Provision. In he meat of any delay, the Famluesa sholl have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding tore Seller liable for damages. However. the Seller shall not he liable for damages as a result of delays due to Gauss not reasonably foresreable which are beyond in reasonable control and without in fault of negligence, such act of God, acts of civil or military authorities, governmental priorities, fires, stakes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within rive (5) days of the time when the Seller first received knowledge thereof.. In the event of any such delay, the date of delivery shall be extended for the period equal to the time artually last by reason of he delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will he fit for the purposes intended, and performed with he highest degree of care and competence in accordance wish accepted standard for work of a similar .tore. The Seller agrees w hold the purchaser hamlets farm any loss, damage or expense which the Purchaser may mileran incur on accoan, of he Sellers breach of wmgw y. The Seller shall cartoon, repair or make good, without cast to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller after he date of acceptance of the good f ished hereunder prearpocance not to be unreaw.bly delayed), resulting from imperfat at defective work done or materials fumuhed by the Seller. Acceptance or use of goad by he Purchaser shall not constitute a waiver of any claim under his warranty. Eseept as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the fimmmng..armies or guarantees, but such liability shall in no event include loss of profs or lass 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 lemss by women change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to he mars, other than legal terms, including additions to or deletions farm me quantifies originally oNered in fire ,necifcations or dresmus, by verbal or writtan change order. If any such change affects the amount due or the time Of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Porcbaser may M any time by wriuen change order, termlreate his agreement as to my or all portions of he good hen not shipped• subject o any equitable adjustment between the parties as to any work or materials then in pagress pmvidcd that the Purchiuc, shall not be liable fur any claims for anticipated proms on he uncompleted portion of the goad and/or work, for incidental or consequential damages, and that no such adjusemm, IN, made in favor of The Seller with respect w any goods which are the Sellers standxm stock. No such lamination shall relieve he Purchaser Or the Seller army of Neff obligations as to any panda, delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or conduction is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and banished in Final compliance with all applicable laws and regulations W which he good are subject. The Seller shall extreme and deliver such documents as may be required to efet or evidence compliance. All laws and regulations required to he incorporated in agreements of this characmr an hereby incorporated herein by his reference. The Seller agrees to indemnify and hold the Purchaser hornless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply wish such law. 9. ASSIGNMENT. Neither party shall vasign, transfer, or convey this rimer, or any, monies due War become due hereunder without the prior wdaen consent ofthe other parry. ILTITLE. The Seller wmrdnts full, vicar and uomma icled tide to he Purchaser for all equipment Burnett, and it. fumuhed in performance of this agreement free and clear of any and all liens, restrictions, reservations, security interea encumbrances and claims of others. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, he acceptonce afar payment for goods hereunder or approval of fe design, shall not release, the Sella of any of the wwwmec no obligations of this pretense order and dull .t b, deemed a waiver army right of the purchaser to insist upon strict performance hereofor any of its rights or remedies as to any such good, regardless Of when shipped, received m accepted, is W any no, or subsequent default baci nder, nor shall any Imported oat modification or rescission of this purchase order by the Purchaser operum OF a waiver of any of tire, corms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in normal economic practice, overcharges resulting from matmst violations are in fact home by the Patentor, Therefo tore.fogoal cause and as consideration for executing this purchase mall he Seller hereby assign m he Purchaser any and all claims it may now have or hereafter acquired under fede it or state cations, laws f such overcharges relating to the Particular goods or smiar, purchased or acquired by the Purchaser pursuant w this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If fie Purtbuer directs he Seller w former nonconforming at defective good by a dale w he agreed upon by the Purchase, and the Sella, and the Seller lherra0er, indicates its Fri or unwillingness 10 comply, the Purchaser may cause the work to be Performed by the most expeditious means available to it, and the Seller shall pay all caws associated with such work. The Seller shall release the Purebaser and its contractors army tier farm WI liability, and claims of any nature retailing Imo the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees of such party. The Sellers matmetual obligations, including warrmty. shall not be damW to be reduced, in any way, became such work is rebuffed or caused to be perm timed by the Purchaser. 14. PATENTS. Whenevo he Seller is reqoml to use any design, denim, material or process msered by lemer. Wont, Jadenurk or copyright, the Seller shall indemnify and save hamtless the Purchaser from any and all claims for infringement by nation of the tie of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged fa pay by mason of such infringement ar any time during the prosecution or after he completion of he work. In case said compared, or any pan hereof or fire intended use of the good, is in such suit held to mnstrate infringement 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 right to contham ruing said equipment or parts, replace the same with substantially equal but noninfringing equipmenq or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of credlwrs, appoint a or husfee for any of the Sellers property or business, his Omer may fi nhwith be canceled by he Purcha¢rwihout liability. 16. GOVERNING LAW. The definitions oftemts used or the intapretnriou of the agreement and the rights craft parties hereunder shall he consbued under and prarred by the laws Of the State of Colorado, USA. The following Additional Condifiom apply omy in cams when he Seller is w perform work hereunder, including he smices of Sella Reprammarive(s), ou the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall tarty an said work at Seller's own risk until he same is full, completed and accepted, and shall, n case of any accident destruction ar injury to Ore work andrm matenals hefare Selleh final completion and acceptance, complete he work at Seller's own expense and to the satisfaction of fie Parchasec When materials and equipment arc famished by others for installation or enaction by the Selleq the Seller shall receive, unload, store and handle same at the site and become responsible hereto, as though such materials and/or equipment were being famished by the Seller under the order. 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 work covered by this purchase order, amVor to their doEmod me in accordance with he laws of he state in which he work is to be done. The Seller shall also any comprehensive general liability Induhng, bud not limited m, contamual now automobile Public habil by ircuance with tidily injury and death limits of at least 530geXq for any one person, s500,000 for any e accident and progeny damage limit per, accident of S400,000. The Seller shall likewise require his contractor, if any, to provide for such compensation and macrame. Before my of the Sellers or his scomm m,; employees shall do any work upon he premiss of others, he Seller shall famish the Patchaser with a cendimm net such compe.atiou and insuanee have ban provided. Such cenifeates shall specify he date when such anmpensation and insurance have been provided. Such certificates shall specify the elm when such compensation d insomniac expires. The Seller agrees that such compensation and insurance shall be maintained until after the attire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability far any and all damage, loss or injury ofany kind or nature whatsoever m persons or property caused by or resulting from the execution of she work provided for in this purchase order or in is mm aion herewith The Seller will indemnify and hold harmless he Purchasa and any r all of the purchasers officers. agent and employees from and aguimt any and all claims, losses, damages. changes or expenses, whither direct or indirect, ad whether w persons or property to which he Purchaser may be put or subjal by mason of any act, action, neglect, omission or default oa the pan of the Sella, any of his contractors, or any of he Sellers or comments ofcers, agents or employees. In case any suit or other proceedings stall 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 he Seller of any of his Fmwmrb rs Of cry of its or their afters, agent or employees as aforesaid, the Seller hereby agrees to assume he defense farmer and w defend the same at the Sellers own expense, to pay any and all cons, charges, attorneys fees and other expenses, any and all judgments that may be burned by or obutined against he Purchaser or any of its or heir ofcers, agents or employees in such suits or other proceedings, and in case judgment or other lien be plaavl upon or obtained against the property of the Purchase, or said parries in or as a msWt ofsuch suits or char Proceedings. the Seller will ad once carts the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contracmrs shall take all safety Instructions, fumish and install all guards 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 rates and regulations issued pursuant hero. Raiford 072m14