Loading...
HomeMy WebLinkAbout411954 PITMAN COMPANY - PURCHASE ORDER - 9146531Fort Collins Date: 12/01/2014 Vendor: 411954 PITMAN COMPANY AGFA CORPORATION PO BOX 2123 CAROL STREAM IL 60132-2123 PURCHASE ORDER PO Number Page 9146531 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: ENGINEERING DIVISION CITY OF FORT COLLINS 281 N COLLEGE AVE FORT COLLINS CO 80521 Delivery Date: 11/06/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2 Master files 1 LOT LS 6,459.95 Per Quote #4424183.00 2 Gate Lift Charge 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 EA 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 I. COMMERCIALDETAIS. Tax exemptions. By statute the City of Fan Collins is exempt from state and local taxes. Our Exemption Number is I I. NON WAVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84"6000587 is registered with the Collector of Failure of the Purchaser to insist upon short performance of the terms and conditions hereof, failure or delay w Internal Revenue, Denver, Colorado (Ref. Colorado Revised Sam[es 1973, Chapter 39-26, 114 (a). exercise my rights or remedies provided herein or by law, failure m promptly notify the Seller in the event of a breach, the accepubse of or payment for good hereunder or approval crop, design, shall at release the Seller of Goods Rejected. GOODS REJECTED due to failure to men specifications, either when shipped or due to defects of any of the warranties or obligations of this parachute order and shall not be draped a waiver of any right of the damage in transit, may he mourned to you for credit and are not to be replaced except upon raeipt of w ma parchaer, ro insist upon stint perfic. hereof or my of its rights or,media as to any such goods, tegardl. insimmpns from We City of Fan Collins. of wham shipped, reeived or impartial, as to any poor or subsequent default hereunder, aor shall any purported oral combination or resdssion of this purchase polar by be Purchaser classic as a waiver of my of the temw Inspection. GOODS art subject to the City Of Fort Collins inspection an arrival. hereof. Final Acceptance. Receipt of the mardandim. services r equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaer recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependem v upocompletion of all applicable required inspection praedures, violations are in fact home by the Purchrsa. Theremfrm, for good cause and as considmuon for executing this purchase order, We Sella hereby assigns to the Purchour any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Fort Collins, 70) Wood Sp, Fort Collins, CO 80522, unless acquired under federal or sale antitrust less for such overcharges relating to the paninJar goods or services otherwise spearia on this order. If,emission is given to Prepay freight and charge separately, the original freight purchased or regwsed by the Purchaer Fursumt to this purchase order. bill must wo manv invoice. Addifioal cMma fro ackion will not be accepted. Shipment Distance. Where manufacturers have distributing points in various ports of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sale cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordiances and roles of on state, municipality, territory, m political subdivision where the work is performed, or required by any other duly corutimted public authority having jurisdiction ova the work of vendor. Sella further agrees to hold the City of Fort Collins hvmlacs from and against all liability end loss incurred by them by mown of an asserted or established violation army such laws, regulations, ordinances, mIn and requirements. Authorization. All ponies to this contact agree that the representatives um, in fact, bona fide and possess full and complete authority to bind said parties. [.IMITATION OF TERMS. This purchase Order expressly limits acceptance 10 the terms and ambitious sated herein see forth and any supplementary or additional terms and conditions annexed hereon or incorporated herein by reference. Any additional or dlR uem. and conditions proposed by seller ere Objected to and hereby jested. 3. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot rake complete shipmenuo arrive on your promised delivery date as noted. Time is of the cssmce. Delivery and performance most In, ,Baled within he time stated on the purchase order and the documents attached hereto. No ass of the Purchasers including, without limitation, acceptance armorial late deliveries, shall prime m a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable m ns ins, the option affixing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not k liable fro damages ar a result of delays due to census not mawably foreseeable which art beyond its reawnuble eontrol and widrout its fault of negligence, such son; .IGot, act of civil or military antborities, gove .]routines, fires, strikes, flood. tyidata cs, wars or dots provided but notice of the conditions causing such delay is given to the Posaxwer within Ova (5) days of the time when the Seller first received knowledge Wereof. In the event of my such delay, the date of delivery shall be extended for the period equal to be time actually lost by reason of the delay. 3. WARRANTY. The Sella warrants that all goods, articles, materials and work coveted by this order will conform with applicable dmwimgs, specincariom, .,[a anNm other descriptions nom, will No fit for We purposes intended, and performed with We highest degree of can and competence in accordance with accepted sand.ols for work of a similar azure. The Sella sigma to hold the purchaser harmless from any loss, damage at expense which the Purehaxr may suffer m inem on account of the Sellers breach of wafmnly. The Sella shot[ replace, plait or make good, without cost to be p r chaxa any defect or faults causing within one (I) year or within such longer pencd of time as may be mearribal by law or by the terms of my applicable warranty provided by the Seller afr the date of acceptance of the goods famished firm orda (acceptance or to be unreasonably delayed), resulting from impaled or defedive work done or mmmals famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver army claim anda this warranty. Except as otherwise provided In this purchae, order, the Sellers liability bemunder shall extend to all damages proximately proud by the breach of my of the foregoing wamrties or guarantees, but such liability shall in no evmr Wehrle loss ofppfts or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Parchaser may make changes to legal terms by wdnen change order 5. CI IANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the rams, other than legal terms, including additions to or deletions from the gmtlfia originally ordered is the spairiumm- or drawissm, by verbal or wu... change order. If any such change off" oM amount due or the time of,abraance hereunder, an equitable adjustment shift be made. 6. TERMINATIONS. The Pumhasa may at any lime by wrirtm change We, temtirode Nis agrtmrcm rs to any or all poniom of flue goods then not shipped, subject to any equitable adjustment mmmca the panics m many work or materials then in pmgms provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted ,onion of me goods amA, work, for incidental or psaux eutial damages, and that no such adjustment be made in favor of the Sella with rapper to any good which are the Sellers sanded stock. No such termination shall relieve the Purchaser or the Seller army of Weir obligations as to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be arsenal within thirty, (30) days from the daze be change at termination is ordered 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have ban muddied, sold, delivered and famished in strict compliance with all applicable laws and regulations m which the good am subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations rtquiud to be incorporated in agreements of this charades rip hereby mcoryamted herein by this reference. The Sella ogees ro indemnify and held We Purchaser harmless from all cos. ad damages sufcmd by the Purchaser as a mall of me Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, number, or convey this order, or any monies due or to become due hereunder without the pror certain consent of the other party. m.TITLE. The Seller warrants full, dear and unrestricted tine an We Purchaser for all equipment, materials, and items furnished in pchrrrnsnaxme of this agreemev, fee and clear of my and all limn, mimic im, tCaesaulim , activity iatemt encumbrances and claims ofml m. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Pardoner and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be perforated by the most cxpahlim, means available to it, and the Sella shall pay all costs associated with such work. The Sella shall ml. the Purcham and its contractors of any fia from all liability and claims of any aature muffing from the perf race of such work. This releau shall apply even in the event of fault of negligence of be party released and shall extend to the directors, picas and employees of such party. The Seller's contractual obligations, including warranty, shall not be damed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Sella is required to use any design, device, material or process covemd by learn, patrol, trademark m copyright, the Sella shall indemnify and save hamlem the Parebaser (ram any and all claims for infringement by tea of the use of such parented design, device, material or process in connection with be contract, and shall indemnify the Purchnses for any cost, exp new or damage which it may k obliged to pay by reawn of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or mry pan thereof or the intended me of the goods, is in such suit held to constimu infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure far the Purchaser the right to continue using said equipment or pang replace the same with substantially equal but roninfnnging equipment, or modify it sec it becomes rwninGnging. 15. INSOLVENCY. If We Sella shall become invehat or badtmpt, make an examormt for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by be Purchaser without liability. 16. GOVERNING LAW. The defnitions oftem s used or the interpretanon cribs agreement and the rights of all parries hereunder shall be construed under and governed by the laws oftk Sate ofColomdo, USA. The following Addifioal Conditions apply only in wes what, Nc Sella u to perform work heeundes, including the senica of Sellers Repmunative(s), on the premises ofothers. IT. SELLERS RESPONSIBILITY, The Seller shall carry on said work at Seller's own risk until the same is fully complete and accepted, and shall, in u of any accident, destruction or injury to the work an&or matmds before Selleh final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Pumhasa. When materials and equipment are famished by others for installation or erection by the Sella. We Sella shdl receive, unload, slope and handle rota, tar the site and become mpara ble therefor ns though such matmals call cquipmmt were being fiunished by the Sella under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including cantonment disease benefits, to its employees employed on Or in connection with the work covered by this purchase order, rocker to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, commetual and automobile public liability insurance with bodily injury and death limits of an least 5300,000 for any one person, S500,000 for any one accident and progeny damage limit per accident of S400,000. The Sella shall likewise require his commcmes, if any, ro provide for such eampavation and insurance. Before any of the Sellers m his mmmaors employes shall do any work upon the premises m7whers, the Seller shall ftunish the Parehrser with a arrificate that such compensation and announce have been ppvided Such anificates shall specify the date when such omp,mation and insurance have bete provided. Such certificates shall specify the date wpm such compensation and immune expires. The Seller agrees Out such compensation and 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 rod liability for any and all damage, lass Or injury of any kind or atme whatsoever to persons or progeny gaud by in resulting form the execution Of We wait, havoid for In this purehue under or in connection herewith. The Sella will indemnify and Mid harmless the Purchaser rind any or all of the Purchnwrs Met.. agents and employees from and alidrst any and all claims, losses, damages, charges or expenses, whether dimd or indirect and whether to persons or property, to which the Purchssa may be put or subject by op aon of any act, action, neglect, omission or default on the pan of be Sella, my of his contractors, or any of the Sellers or contractors afters, agents of employees. In case any suit or other pmccelings shall k brought against the Producer, or its ofcem, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Sella of any of his contactors or any of its or Weir oMe., agents or employes as aforesaid, the Sella hereby aged to assume We defense thereof and to defend the same a be Sellers own expense, to pay any and all costs, charges, matters fees aced other expenme, my and all judgmm. But may k incurred by or obtained against the Purchaser in any of its or Weir officers, agents at employers in such suits or other Proceedings, and in pass, judgment or other, dim me placed upon or obtained agmat the property of the Puchava, or said parties W m as a mult crouch suits or other proceedings, We Sella will at once coax We same to No dissolved and discharged by giving bond or otherwise. The Seller and his commdors shall take all safety precautions, furnish and iaall 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 roles and regulations issued purstaal baron. Record 09R014