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HomeMy WebLinkAbout113984 WAGNER EQUIPMENT CO - PURCHASE ORDER - 9146197Fort Collins Date: 10/23/2014 Vendor: 113984 WAGNER EQUIPMENT CO 18000 SMITH RD AURORA CO 80011-3511 PURCHASE ORDER PO Number Page 9146197 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: 10/22/2014 Buyer: DOUG CLAPP Note: Line Description Quantity UOM Unit Price Extended Ordered Price S09W0769402 1 LOT LS 5,776.37 repair invoice 2 S09CO703942 credit invoice 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.mm 1 LOT LS Total Pay terms net 30 days Invoice Address: -2,779.24 13 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Condit cans Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fore Collins is exempt from state and local tams. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate Of Registry 84-6000587 is registered with the Collector of I numal Revenue, Denver, Culora le (Ref. Colorado Revised Slamlrs 1973, Chapter 39.26, 114 (a). Goofs R ated. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in nnnit, may be, retuned to you for credit and am not to be repined except upon receipt of written instructions from the City of Pon Collins. Inspection. GOODS art subject to the City of Fon Collins inspection on arrived. First[ Acceptance. Receipt of the merchandise, savices or equipment in respome to this coda can result in estimated payment on the pan of the City of Fon Collins. However, it is to be undamand that FINAL ACCEPTANCE is dependent tram completion of all applicable rcquir d impmim procedures. Freight Tenn,. Shimnaux must be F.O.B., City of Pon Collins, 700 Wood St., Fiat Collins, CO 80522, ..It. otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight bill nun accompany invoice. Additional charges for Parking will not be accepted. Shipment Distance. Whom manufacturers have distributing in. in ... pans of the country, shipment is expected from the nearest distribution point a destruction, and excess freight will the deducted from Invoice when shipments are made form gromer distance. 11. NONWAIVER. Failure of the Purchaser to insist upon coact performance of the terms and conditions ha cf. failure Or delay to any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, exercise acceptance For payment for goods herwnder 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 stria performance hereof or any of its rights or remedies as to any such goods, boundless of what shipped, received or accepted, as to any prior or subsequent default heretnda, nor shall any parganed and modification or remission of this Purchase order by the Purchaser operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize Out in actual economic practice, m'achugo resulting from mnftrost violations are in fact home by the Purchaser. Theretofore, for good came and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter inquired under federal or send national laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. l fthe Purchaser directs the Sella to corner nonconforming m definitive goods by a dto to be agreed upon by the Purchaser and the Sella, am the Seller thereafter indicates its inatudi ty or unwillingness to comply, the grandma may cause the work to be performed by the most expeditious mean available to it, and the Seller shall pay all cads associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and limarea r quirts by all applicable laws, regulations, ordinances and toles of the state, municipality, sari or political subdivision where the 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 Fair Collins harmless from and against all liability and loss incurred by them by meso n of an awarrod or established violation of any such laws, regulations, ordinances, toles and requirements. Authorization. All parties to this contract agree that the repreenutives are, in fact, bum ride and possess full uk amplete authority m bind said pubes. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance no the terns and condition sand herein set Rots and any supplementary or additioml area and conditions armad hereto or incorporated herein by reference Any additional or diffcrenl tents and conditions proposed by seller ure objected to and hereby rejected. 2. DELIVERY, PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to move on your promised delivery date or acted Time is of the essence. Delivery and performance most be amoded within the time sated on the purchase order and the documents natural hereto. No arts of the Purchasers including, without Emotional acceptance of partial Ire deliveries, shall operate as a waiver affix provision. In the neat of any delay, the Purchaer steal have, in addition an other legal and equiable remedies, the ride. of placing this order elsewhere and bolding the Sella liable for damages. However, the Sella staff not be liable for damages as a result of delays due to rumors; not reasonably foreseeable which are beyond is musomble control and without its fault of negligence, such acts Official, arts of civil or milimry authorities, govemmenal pros fires, strikes, flood. epidemics, wars or riots provided Nat notice of the conditions causing such delay is given to the Purchaser within five (5) days orthe time when the Seller find received knowledge thereof. In the event of any such delay, the dare of delivery shall be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, sample and/or other description given, will be fit for the purposes intended and perforated with the highest degree of care and compromise in accordance with ardepred swidardi for work of a similar ammre. The Seller agree to hold the purchase, harmless from any loss, damage or expense which the Purchaser may suffer or incur an account ofthe Sellers breach of warranty. The Sella shall replace, refrain epay a take god, without cost to the purchaser, any defcts 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 the date of acceptance of the goods fmishd hereunder (acceptance not to be unreasonably delayed), mulling from imperfect or detective work done or maerials banished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim tinder this warranty. 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 no event include loss of profits or loss 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 toms by women change order. S. CHANGES E4 COMMERCIAL TERMS. The Purchaser may make any changes to the terms, .,her than legal tetras, including additions to or deletions from the quantities onginalty onlered in die specifications or drawings, by verbal or woods change order. If any such change affects the amount due or the time of pertammnre hereunder, an equitable adjustment slid[] be nude 6. TERMINATIONS. The Purchaser may at any, time by written change mda, ..mine this agrerment as as any or all portioua of the goods then not shipped, subject to my equitable adjustment between the parties as to any work or materials then in pro fro. provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods md/or work, for incidental or coresryuemial damage, and that no such adjustment be made in favor of the Seller with respect m any goods which art the Sellers standard stock. No such tormiantion shall relieve the Purchaser or the Seller of tiny of Nei, obligations as an any goads delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for djunmetn must be asserted within thirty (30) days from the date (lie change or termination is ordered. H. COMPLIANCE WITH LAW. The Seller woman, not all good sold hereunder shall have been produced, sold, delivered aed f mishd th strict o n,himer with all appliwbk laws aed tegulatiors to which the good etc subject The Sella shall execute and deliver such documentsm may be calcined W eRect or evidence compliance. All loss card articulations criminal to b, incorporated in agreements of this chodefor are hereby inaugurated herein by this reference. The Seller agrees to indemnify and bald the Product, harmless from all rasa and damages suRad by the Purchaser as a caul, of the Sellers failure m comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this code,, or any monies due or to became due hereunder without the prior women consent of the other part'. 10, TITLE. The Seller warrants Poll, clear and umeslrimd tide to the Purchaser for ell equipment, materials, and items furnished in pert of this agrecomer, fine and clear of any and all liens, mrtictiaru, mmetiom, secmriry imeml encumbrances and claims of others. The Sella shall release ,he Purchaser and its contractors of any it,, farm all liability and claims of any nature resulting farm the performance ofsuch work. 11c, ¢lease shall apply even in he even of fault of negligence of the party related and shall extend to the directors, oRcas and employees ofsuch parry. The Sellers commercial obligations, including wmranty shall not be, deemed m be induced. in any way, because such work is performed or caused to be peMrmed by the Purchaser. 14. PATENTS. Whenever the Seller is rryuircd la use a, design, desire, material or process covets by letter, patent trademark or copyright, the Seller shall indemnify and save formless the Purchaser from any and at I claims for infdngenen, by reason of the use of such patented design, device, material or process in connection with the contract and that indemnify, the Purchaser I., any cast, expense or damage which it may be obliged to pay by reason of such infringement an any time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the me of said equipment or pan is enjoind, the Seller shall, at its own expense and ar its option, either procure for he Purchaser the right to continue using said rquipment Or pans, replan the same with substantially natural but mainGtaging rquipment or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bavkrupq make an ad,gnmem for the benefit of creditors, appoint a receiver, ar tme,ee far any, of the Sellers property or business, this order may frMwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftern r used or the interpretation of the agreement and the fights of all parties heremdt, shall be concerned under and governed by the laws ofthe Sale ofColouslo, USA. The following Adddmal Conditions apply only in astary where the Sella is to perform work hereunder, including the services of Sellers Rigmartun ivols), on the prtmisa ofodrcrs. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work an Sellers own risk until the same is flly completed and accepted, and shall, in e of any accident, destruction or injury to the work and/or rwtmals before Seller's fast completion and acceptance, complete the work tat Sellers awn expense and to the satisfaction of the Purchaser. When materials and equipment are famished by orhers for installation or erection by he Sella, the Seller shall receive, unload, stare and handle same at the site and become responsible therefor as though such materials and/or ryuipmenl were being fmishd by the Seller maker the order. 19. INSURANCE. The Sella shall, at his own expeme, provide for the payment of wvd:rrs mmpatsation, including wcupmimml disease benefits, to its employees employed on or in romection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Sella shall also cant' comprehensive general liability including, but not limited to, contractual and automobile public liabiliry insurance with bodily injury and death limits of at least $300,OW for any one person, S500,000 for any out accident and progeny damage limit per accident of $400,000. The Seller shall likewise require his contractor, ntractors, if any, to provide for such compentation and in e. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall Finnish the Purchaza with a certificate that such compensation and insurance have been provided. Such certificates shall specify the dam when such compensation and insurance have been provided. Such ceniricarea shall specify the date when such compewtion and insurance expires. The Sella agrees that such comp mission soul insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind or nature whatsoever to persons or property, causal by or resulting from the execution of,he work provided for is Ili. purchase order .,,a connection herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Purchasers oficen, 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 condors, or my of the Sellers or contractors officers, agents or employees. In case my suit or other proceedings shall be brought against the foreshow, or its officers, agents or employees at my time on warn or by mi of my art, action, neglect omission or default of the Sella of my of his contractors or my of its or their officers, ago. or employees as aforesaid the Seller hereby agree m assume the defense thereof and to defend the same at the Sellers own expense, to pay my and all carts, charge, chimneys fees and other expense,, any and all judgmenrs that may Its, incurred by or obtained against the Purchase or any of is or their officers, Menu or employces in such suits or other proceedings, and in case judgment or other lien be placed upon Or obtained against the property ofthe Purchaser, or said parties in or as a result ofsuch suits or other proceedings, ,he Seller will at are cause the same m be dissolved and discharged by giving bond or Otherwise. The Seller and his contractors shall take all safety predictions, famish and imall all guard necessary for the presentation of accidents, comply with all laws and regulation with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all mlcs and regulations issued pursuant thcrem. Revised 07EN)14