HomeMy WebLinkAbout306403 MAC EQUIPMENT INC - PURCHASE ORDER - 9146152Fort of
Date: 10/22/2014
Vendor: 306043
MAC EQUIPMENT INC
2116 W 1 ST ST
LOVELAND CO 80537
PURCHASE ORDER
PO Number Page
9146152 1of3
This number must appear
on all invoices, packing
sli i and labels.
Ship To: PARK MAINTENANCE
CITY OF FORT COLLINS
413 S BRYAN
FORT COLLINS CO 80521
Delivery Date: 10/21/2014 Buyer: DOUG CLAPP
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 X-Mark Aerator 1 LOT LS 3,839.50
model SAR481KA30
2 Balance portion on Aerator 1 LOT LS 3,839.50
reference quote dated 10/2114
for XMARK Aerator 30"
Stand -On
Dept: Parks
Deliver equipment and documetns to:
906 W. Vine
Fort Collins, CO 80521
Contact: Greg R. or Eric T.
ph# 970-221-6613
" Please call 24 hours prior to delivery "
shop hours are 7:30am to 3:30pm
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:purchasingQfcgov.com
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Fort Collins
PURCHASE ORDER
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
PO Number Page
9146152 2of3
This number must appear
on all invoices, packing
sli s and labels.
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 3 of 3
1. COMMERCIAL DETAILS.
Tax exemption. By statute the City of Fort Collins is exempt from sure and local nixes. Our Exemption Number is I I. NON WAIVER.
984N502, Federal Excise Tax Exemption Calibrate of Registry 84-6000589 is rcgistertd with the Collector of Failure ofthe Purchaser b insist upon strict performance of the terms and condition hereof, failure or delay to
Internal Revenue, Deaver, Colorado (Ref Colorado Revised Statutes 1973, 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, the acceptance of or payment for goods hereunder or approval ofthe design, shall not release the Seller of
Goods Rejected. GOODS REJECTED due to failure m .,at specifications, either when shipped or due to defecs of any of the warrants, or abliRowns of this Farnhau order and shall not be deemed a waiver of any right of the
damage in transit, may be returned to you for credit and are not m In, replaced excepl upon recall of written purchaser in insist upon strict nobarromme hereofor any of its rights or remedies as to any such goods, regardless
inswctinal from the City of Fan Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purponed
oral modification or rescission of this purchase order by be Purchaser operate as a waiver of any of the terms
Inspection. GOODS are subject 10 the City of Fort Collins rope dmn im artical. hereof
Final Acceptance. Receipt of the merchandise, weirs, or equipment in magnetic to this order can r null in 12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pan of the City of Fort Collins. However, it is to ho understand fletFINAL Seller and the Purchaser recognize but in actual economic practice, overcharges breaking from antitrust
ACCEPTANCE is dependa, upon compkhion ofall applicable required inspection procedures. violation art in fact home by the Purchaser. Themofrm. fat good n= hM u consideration for executing this
purchase code, the Seller hereby assigns to the Puchasa any and all claims it may now have or handler
Freight Term, Shipments rant be F.O.B., City of Fon Collins, 700 Wood St., Fon Collins, CO 80522, unless acquired muter barred or sale antitrust law, for such overcharges reining in the particular goods or services
.traverse specified on this robot. If permission is 6car w prepay freight and charge eepaauly, the original freight purchased M acquired by the Prearelficam momm or Nis pmchau niter.
bill most accompany Mercer. Additional charges for packing will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacturers hove distributing points in various pans of the country, shipment is tribe Purchaser directs the Seller 10 coned nonconfirming or defective goods by a date to be agreed upon by the
expected from the nearer distribution point m destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
shipments are made from greater distance. may cane the work to be performed! by the most expedition means available to it, and the Seller shall pay all
roses associated with such work.
remain. Seller shall procure at sellers sole coat all necessary remain, ounificates and licenses required by all
applicable laws, regulations ordinances and mles ofthe state, municipality, memory or Political subdivision where
the work is performed, or required by any other duly conducted public authority havingjurismetion over the work
of vendor. Seller further agrees to hold the City of Pon Collin hmmlas from and against al1 liability end loss
incurred by been by reason of an asserted or established violation of any such laws, regulation, ordtiarre. rules
and requirements.
Authorization. All ponies to this contract agree that be representatives are, in fact, bona Ede and pnmss full and
complete authority to bind said ponies.
LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terns and conditions stated
herein set forth and any supplementary or additionl terms and conditions annexed hereto or incorporated herein by
reference. Any additionl or different terms and conditions proposed by sail In are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment b arrive on your
promised delivery dam as noted. Time is of the essence. Delivery and performance must be effected within the time
staled on the purchase order and the documents attached hercc. No acls of the Purchasers including, without
limitation, acrep owc of partial late deliveries, shall open as a waiver of this prevision. In be event of any delay,
the Porch ser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere
am holding the Seller liable for damages. However, drc Seller shall trot be liable for damages as a result o'delays
due to causes not reasonably foresaable which art beyond its reasonable council and without its fault ofnegligence,
such acts ofOod, acts ofcitil or military authorities, governmental prionlies, fires, strikes, flood, epldemies, wan or
this provided that notice of the conditions causing such delay is given to the Purchaser within five (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 w the time aotmlly ]oat by reason cards, delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples anchor other description given, will be Fit for be purposes amended, and
perfumed with the highest degree of can and competence in accordance with accepted standards for work of a
similar motor. The Seller agrees w hold the purchaser hannlues from any loss, damage or expense which the
Purchuer may sulfa or incur on account of doe Sellers breach crematory. The Sella shall replme, repair or make
good, without cost w the p=rt r, any defects or faults arising within one (1) year or within such longer prriod of
time as maybe prescribed by law or by the terms of any applicable waranty provided by be Sella after the data of
acceptance of the goods f ished hereunder (acceptance not in be unreasonably delayed), reaching from imperial
or detective work done or materials Rumored by the Seller. Acceptance or use or goods by the P othater shall nor
consulate a waiver of any claim under this..t,. Except 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 foregoing warranties
or guarantees, but such liability shall in in, coal include lass ofprcrt, or lass of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF MEN ESS FOR PURPOSE SHALL APPLY.
4, CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal names by wrinea change order.
5. C14ANGH IN COMMERCIAL TERMS.
The Partition may make any changes to [be hems, other than legal tams, including addition toot deletion from
the quantities originally mdertd in the specification or drawings, by verbal or wTlncn change order. If any such
change affecs the amount due in the time of performance hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the
goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in
pmµ.oW provided the, tire Purchaser shall nor be liable for any claims fur anticipated profits on the uncompleted
portion ofthe goods anchor work, for incidental M consequential domages, and that no such adj Mdment be made in
favor ofthe Seller with respell to any goods which he the Sellers standard stock. No such termint rs shall relieve
be Purchaser m the Sella of any of their obligations ex Many goods delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be samma d within thirty (30) days from the dam the change or lamination is
ordered.
8. COMPLIANCE )WITH LAW.
The Seller wamands but all goods sold hereunder shall have ban produced, sold, delivered and f ished in mist
compliance with all applicable laws and regulation w which the gwis art subject. The Seller shall execme and
deliver, such documents as may be required to effect M evidence compliance. All laws and marlimen required m be
incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless from all casts and damages suffered by the Purchase, as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither patty shall assign, transfer, or coney this order, or any monies due or to become due hereunder without the
pear wrnen coneat ofthe other Pant.
10. TITLE.
The Sella wamnts full, clear and umatricted title to the Purchuer for all equipment, materials, and items famished
in performance of Nis agreement, free and clear of any and all lien, marrictirn, renunciation, security intend
encumbrances and claims ofothers.
The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature
resulting from the performance of such work.
This release shall apply even in be event of fault of negligence of the party released and shall extend to the
directors, oReas and emplay.. crawl, party.
The Sell&, contactual obligation, including u'armea y, ,ball not be demand 10 be reduced, many way, because
such work is performed or caused m be performed by the Purchaser.
14. PATENTS.
Wlmnever the Seller is required to use any design, device, material or process covered by lease, patent, trademark
or copyright, he Sesser shall indemnity and save harmless the Purchaser from any and all claim, for infringement
by reason of the use of such patented design, device, material or process in connection with the contract, and
shall indemnify the panderer for any cost, expense or damage which it may be obliged to pay by reason of each
infringement at any time during the prosecution or after be completion of the work. In case said equipment, or
any pan thereof or the intended Me of the goods, is in such suit held to contribute infringement and be use of
said equipment or port is enjoined, the Seller shall, A to own apeme and in its option, either procure for the
Puahaer the right to continue Ming said equipment or grabs. M ace be same with substantially equal but
noninfrin&ng equipment, or modify it so it howernu nonlnGmging.
IS. INSOLVENCY.
If the Seller shall become insolvent or bankmpt, make ea assignment far the benefit of creditors, appoint a
Twerser or trustee for any of the Sellers forgery or business, this order may forthwith be canceled by the
Purchaser without lobil ity.
16. GOVERNING LAW.
The definitions arteries used or the interpretation ofthe agreement and the rights of all parties hereunder shall be
combined under and governed by the laws offle State ofColondn, USA.
The following Addition! Conditions apply only in owes where the Seller is to perform work hercurAer,
including the services of Sellers Represenutiva(s), an the premises ofmbees.
12. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sellers own risk and the vine is fully completed and accepted, and shall,
in case of any accident, destruction or injury in the work MOM materials before Sellers final completion and
acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials
and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload,
store and handle same at the site and become responsible therefor as though such materials upper equipment
were being famished by the Seller under the order.
19. INSURANCE.
The Seller shall, at his own expense, provide for the payment or workers communication, including occupational
disease benefs, to is employees employed on or in connection with the work covered by this purchase order,
harbor to their dependens in accordance with the laws of the state in which the work 6 no be dorm. The Seller
shall also army comprehensive general liability including, bur nor limited ha, ronrazfism and automobile public
liability immune, with bodily injury and death limis of at least 5300,000 for any one person, 5500,000 for any
care standard and property damage limit Par accident of SQdk000. The Sella shall likewise requite his
commoners, if any, ch provide for such compensation and intuance. Before any of the Sellers or his contractors
emplcym shall do any work upon the premises of others, the Seller shall famish the Purchaser with a cendrame
that such compensation and insurance have been provided. Such certificates shall specify the date when such
compensation and insurance Inns been provided. Such cenificares shall specify be date when such compensation
and instance expires. The Seller agrees that such empensutionand insurance shall be maintained until aver the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the mine responsibility and liability for any and all damage, lessor injury ofany kind
or nature whauoever to person or property, caused by or resulting from the execution ofNe work provided for in
this purchase order or in connection herewith. The Seiler will iMemnify and hold harmless be Purchaser and my
r all of the Parchasers o1Bcm, agents and employees Gom mad againh any and all claims, losses, damages,
charges or expenes, whether direct or imma and whether to person or primary to which the Purchaser may
be put or subject by reason of any an, anion, raglan, omission or default on the part of the Seller, easy of his
contactors, or any of the Sellers or contractors officers, agents or employee,. In case, any sun or other
proceedings, ball be brought aphinl the Phchash, or its officers, agar 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 containers or any of its or
their officer, agents or employees as unwound, be Seller hereby agrees to assume the defense thereof and to
defend the same at the Sellers awn expense, to pay any and all costs, charges, attorneys fees and other expenses,
any and all judgments that Troy be incural by or obtained against the Purchaser or any of its or their officer,
agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or
obtained against the property of the Isenhour, or said parties in or in a result of such suits or other proceedings,
the Sella will at once cause the vine to be dissolved and discharged by giving bond or otherwise. The Seller and
his contactors shall take all safety Precaution, furnish and install all guard necessary for be prevention of
accidents, comply with all laws and regulation with Mud to safety including, bun without limitation, the
Occupational Safety and Health Act of 1970 and all rules and Mulabiou issued pursuant thereto.
Revised 07[2014