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HomeMy WebLinkAbout104592 MAXEY COMPANIES INC - PURCHASE ORDER - 9147088City of For_t Collins Date: 12/03/2014 Vendor: 104592 MAXEY COMPANIES INC 2101 AIRWAY AVE FORT COLLINS CO 80524-2713 PURCHASE ORDER PO Number Page 9147088 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: 12/02/2014 Buyer: DOUG CLAPP Note: Line Description Quantity UOM Unit Price Extended Ordered Price Boss 7' 6" Super Duty Blade 1 LOT LS 5,000.00 Steel Plow 2 Tommy Gate Lift Gate model# G2-54-1342 TP38 reference quote dated 11/14/14 Contact Greg R. or Eric T. 970-221-6613 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 Emailpurchasing@fogov.com 1 LOT LS Total Pay terms net 30 days Invoice Address: 2,800.00 $7 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 Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is regislerN wits tse Collector of Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Gswd Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit, easy be returmd as you for reedit and are not to be replaced except upon receipt of written instructions from the City of Fort Calliw. Inspection. GOODS are subject to the City of Fan Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in authorized payment on the prat of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is dependem upon completion of all epdicablI me uiral inspection procedures. Freight Terms. Shipments most be FOB., City of Fog Collins, 900 Wood St., Fort Collins, CO 80522, miles otherwise specified On this ardor. If pcornsom. is given to prepay freight end charge separately, the original freight bill most accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. When manufacturers live distributing points in various prams of the country, shipment is expected from the remain distribution point to destination, and excess freight will be deducted from Invoice what shipments are made from greener distance. Permits. Seller shall procure at sellers sale cost all necessary permits, cenificamp and loan. required by all applicable laws, regulations, adjustment; and roles of the sate, municipality, tenitary or Political subdivision where the work is performed, or required by any other duly c spoimned public without, having jurisdiction over the work of vendor. Seller fuller agrees to hold the City of Fon Collins harmless Imm and against all liability and lass incurred by them by reason of an warged or rulm1whed violation of any such laws, regulations, ordinances, rules and requirements. Authorization. All panic to this conbacl agree dim the representatives are, in fact, bow fide and possess full and complete aulMnl, to bind said pmtis LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions sited herein son forth and any supplementary ar additional tarns and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immMiately Wrap cannot make complete shipment to arrive on your promised delivery date as noted. Time is ofthe eserm. Delivery and performance must be effected within the time stated on the purchase order and the documents altacbW hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this perwisioa In the event ofany, delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Serer liable for damages. However, the Serer shall rot be liable far damages as a .11 of delays due to causes non rasorsbly foreseeable which arc beyond its reawwble control and without its fault ofnegligence, such acts of God, new ofeivil or military authorities, governmental priorities, fires, strikes, Bond, epidemics, wars or riots provided that notice of the conditions musing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereat In the event of an, such delay, the date of delivery shall be extrnded for the Period equal to the time actually lost by.. of die 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 desaiptimu given, will be fit for the purposes intended, and Performed with the highest degree of are and competence in accordance with accepted ssndmd for work or a imilir ..to The Seller agree b hold the purchaser haarift. from any loss, damage or expetue which the Purchaser may sufferer incur on account of the Sellers breach of waaganry. The Seller Shall replace, repair or make good, without cost to the purchescrs any defects or faults nosing within one (1) year or within such longer period of brae as may be pars. tried by law or by the terms of any offal table womanly provided by the Seller after the dare of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective we& done or materials famished by the Seller. Araptett or use of goods by use Purchaser shall not onstitme a waiver of my claim under this warranty. Except as orherwase provided in this purchase order, the Sellers liability hercwda shall extend to all dameges proximately mused by the breach of any of the foregoing.1ies or guarantees, but such liability shall in no event include loss of pmfits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser ray make changes m legal terra by wrincn change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal tams, including additions to or alalos from me quantities originally ordered in the specifications or drawings, by vabal or written change order If any such change affects the amount due or the time ofpcif ngrance hereunder, an equitable ndjwnmmt shall be made. 6. TERMINATIONS. The Purchaser may at any time by written clung. aide,, terminate this ngrcement as to any or all From— of Ne goods that not shipped, subject to any equitable adjustment between the parties as many work or materials Non in progress provided that the Purchaser shall not be liable for any claims for anticipated pmfits on the uncompleted portion of the goods ardor work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with spat many goods which art tlrc Sellers standard stock. No such termination shall relieve the Purchaser or the Seller ofany of their obligations as to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the dam the change or generating is aNercd 8. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and famished in stria compliance with all applicable laws and regulations to which the good are subject. The Seller shall execute and deliver such documents as may be, required to effect or evidence compliance. All laws anal caulatios required to be, incorporated in agreements of this character are hereby incorporated herein by this reference. The Sella agrees to indemnify and hold the Purchaser legard ss Imm all cases and damages sulTered by the Purchaser as is result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or m became due hereunder without the prior written consent oft at mho patty. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for at I equipment, materials, and intros furnished n Performance of this agreement, free and clear of any and all have. restricture, rnervatione, secmnry interest encumbrances and claims protons, 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the lams and conditions hereof failure w delay to examsy rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, e ra cheanthe acceptance of or payment for goods hereunder or approval of the design, shall at relesse the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of my right of the Purchaser m insist upon strict performece heami'm any of its rights or remedies as m may such good, regardless of when shipped, received or accepted, as b any prior or subsequent default hereunder, nor shall may putported and trndifiation or rescission of this purchase order by the Purchaser arrogate as a recover of any of the team hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser aecognlae that in aeewl eoammle practice, overcharge resulting from antitrust violations are in fact home by the Purchaser. Thereof ge, for good owe and as ormademtion for executing this purchase order, the Seller hereby usigns to the Purets. any and all claims it may now have or hereafter pcquiml under federal or state aFla. laws for such overcharges mlaing to the particular good or services purchased or acquired by the Purchaser pursuer to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller b mrttY nonconforming or defecive goods by m date to be agreed upon by the Purchaser and the Sella, and thc Seller tsereafter indicates its inability of unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious meal available to it, and the Seller shall pay all costs associated with such work. The Seller shall ml. the Purchaser and its contractors of any an Gom all liability and claims of any wtam resulting firm the parliaments, ofsuch work. This release shall apply even in the ,an of Fair of negligence of the party released and shall extend to the directors, officers and employees ofsuch pony. The Seller's expromeord obligations, including warganry, &ball not be deemed to be, reduced, in any way, because such work u performed or reused to be performed by die Purchaer: 14. PATENTS. Whenever the Seller is rquir d to use any design, device, material or pewess covered by letter, patent, trademark r copyright, the Seller shall indemnify and save harmless den Purchaser from any and all claims for infringement by reason of the use of such pstmred design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, exPeuse or damage which it may be obliged m pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said reforming, or any part thereof ar the intended use Of the goods, is to such suit held to constitute infringement and the use Of said equipment or pan is enjoined, the Sella shall, at its Own expense and at its option, either pmmre for the Purchaser the right to continue using said equipment or pans, reduce the some with substantially equal but rmninfno,w, eqtripp em, or modify it so it becomes rwninGngirt 15. INSOLVENCY. If the Seller shall become insolvent or bandana, make an assignment for the benefit of creditors, appoint a receiver or arw4e for any of the Sellers property or business, this order nay forthwith be canceled by the Purchaser without liability. I& GOVERNING LAW. The definitions ofmma used or the interpretation of the agreement and the rights of all parties heeunda shall he, construed under and governed by the laws ofthe Sum of Colorado, USA. The following Additional Conditions apply only in mars where the Sella is to perform work hercuMcs, including the services of Sellers Rewavatestive(s), on the premiss ofothers. 17, SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the some is fully completed and accepted, and shall, in eau of any accident, destruction or injury to the work We, mareriala before Sellers final completion and accpower, complete the work, or Seller's own expense and b tse mtisf ca on of the Purchaser. When rtatmaB .it gnipmens are roughed by others for installation or reading by tse Sella, the Seller shall receive, unlwd, stare and handle same at the site tied become rrsp rredlah, therefor as Hough such mammals and/or equipment were being fimished by the Sella under the order. I S. INSURANCE. The Seller shall, m his own expense, provide for the payment of workers compensation, including Occupational disease benefits, to its employees employed on or in connection with Me work covered by this purchase order, and/or to their dependents in mcordance with the laws of the saga in which the work is to be done. The Seller shall also carry comprehensive Reneral liability including. but not limited to, command and automobile public liability imurance with bwlily injury and death limits of at lest S300,000 for any one person, S500,000 for any one accident and property dawge limit per accident of 5400,000. The Seller shall likewise require his frommenors. if any, to provide for such contravention and minimum. Before any of the Sellers or his contractors employes shall do one wok upon the premises of others, the Sella shall f ish the Puchaer with a marriage that such compensation and insurance have ben provided. Such case rates shall specify the date when such umpesation and insurance have been provided. Such certificates shall specify the dam when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be rwintainel until after the entire work is completed and acecpred. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of my kind or nature whatstuver to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Sella will indemnify and hold harmless the Purchaser and any or all of die Puchaer officer, agents and employees from and e,imt any mad A] claims, loses, damages, charges or expenses, whether direct or indirect, and whether m persos m property m whim the Purchaser may b, put or subject by reamer of my act action, neglect, omission or default on the part of the Seller, any of his contmnors, or any of the Sellers or contractors affairs, agents or employees. In case any suit or other proceedings shot] be brought against the Purchase, or its ofcas, agents 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 comraetors or any of its or thew offcars, agents or employes as aforesaid the Seller hereby agrees to assume the defense appear mW as defend the same at die Sellers own expense, to Jury any and all costs, charges, attorneys few and other expenses, any and all judgments that may be incurred by or obtained against the Purchser many 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 a,maut the property ofthe Purchaser, or said parties in or as a result ofsuch at. or other proceedings, the Seller will al once muse the same m be dissolved and discharged by giving bond ear m1perwise. The Seller and his contractors shall eke all safety precautions, furnish eel install all guard necessary for the prevention of accidents, comply with all laws and regulations wits regard an safety including, but without Radiation, fir Occupational Safety eel Health Act of 1970 and all roles and regulmi. issued pursuavuhope.. Revised 07nxU4