HomeMy WebLinkAbout261753 BUSCH SYSTEMS INTERNATIONAL INC - PURCHASE ORDER - 9147044PURCHASE ORDER PO Number Page
CCity of PURCHASE
9147044 , of 2
`t Collins
I Ins This number must appear
V " �7 on all invoices, packing
sli s and labels.
Date: 12/02/2014
Vendor: 261753
BUSCH SYSTEMS INTERNATIONAL INC
343 SAUNDERS ROAD
BARRIE ONTARIO ZZ L4N9A3
Ship To: CITY MANAGER
CITY OF FORT COLLINS
300 LAPORTE AVE
CITY HALL WEST - 1ST FLOOR
FORT COLLINS CO 80521
Delivery Date: 12/01/2014 Buyer: ED BONNETTE
Note: PLEASE SHIP TO ATTN: CAROLINE MITCHELL, CONTACT #(970)22-6288.
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 Waste Watcher Bins
per SQ14-06994 11/20/14
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 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 LS
7,027.00
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Teens and Conditions
Page 2 of 2
L COMMERCIALDETAILS.
Tax exemptions. By saau the City of Fon Collin is exempt form shire and local taxes. Our Exemption Number u
98+14502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with Nc Collator of
Internal Revenue, Denver, Colorado (ReE Colorado Revised Saes 1973. Chapter 39-26, 114 (a).
Goods Rejected GOODS REJECTED due to failure to area spocifirailaa. either when shipped or due to defects of
damage in trancit, may k mamd to you for credit and are not to be replaced except upon receipt of wrium
instructions from the City of Fort Collins.
Inspection. GOODS me subject to the City of Fort Collins iaperfion on arrival.
Final Acceptance. Receipt or the merchandise, wrvitts err equipment in response to this order can result in
authorized payment on the pan of the City of Fort Collins. However, it is m be understood dal FINAL
ACCEPTANCE is dopeMent upon compinion of all applicable res,oioed important procedure.
Freight Terms . Shipments must be F.OA, City of Fart Collins, 700 Wood St., Fon Collins, CO 80522, =less
otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight
bin must accomrmnv invoice. Additional chances for omkine, will not be accepted
Shipment Divorce. Where =mat.,.. have distribming points in carmus now of the cowtry, shipment u
expected from the nesmst distribution point m deduction, and owes freight will be deducted from Invoice when
shipments are made from Procter distance.
Permits. Seller shall procure at sellers sole cost all noceourry peanins, cortificvtes and licenses required by all
applicable laws, regulation, ordinances and roles of the state, municipality, mmmry or political subdivision where
the work is pert d, or required by any other duly constiNmd public authority having jurisdiction over die work
of vendor. Sella further Epees m hold the City of Too Collins harmless from and against all liability and loss
ned by them by remain Orion nsmed or established violation of any such laws, regulations, ordinances, rules
znderequlr ments.
Authearizmi=. All paniox an this contract agree thin the representatives are, in fact bons fide and possess full and
complete authority to bind mid parity.
LIMITATION OF TERMS. This Purchase Order expressly limit acceptance a the hehies and conditions sated
herein see forth and any supplementary or additional loans and conditions annexed hereto or inventoried herein by
reference. Any additional or differenterms and conditions proposed by seller am objected to and hereby rejected.
3. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to notice = your
promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time
soled on the pcmhac order aad the daourrmt attached hereto. No acts of the Purchase, including, without
limitation, acceptance of partial late deliveries, shall operate as a waiver of this prevision. In the event crony delay,
she Purchaser shall have, in addition to other legal and equitable remedies, the option ofplamg this order elsewhere
and holding the Seder liable for damages. However, the Sorer shall rot be liable for damages as a mull ordelays
day to tenses not reasonably foreseeable which are beyond it reasonable control and without it fault of negligence,
well acts of God, acts ofcial or military authorities, governmental priodsies, fires, strikes, flood, epidemics, was or
hots 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 dare of delivery shall be
extended for the period coast to the time actually lost by renown of the delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order will conforn with applicable
drawings, specifications, wimples and/or other descriptions given, will he fit for the purposes intended, and
performd with the highest degree of care and competence le accordance with acceped standards for work of a
imam mime. The Sella agrees to hold the purchase, tomorrow from any loss, damage or mime, which the
Purchaser may sufr or incur on account of the Sellers breach ofuw rwly. The Sellershall replace, repair or make
good, without cost to the purchaser, any defect or fault arising within one (I) year or within such longer period of
time . may be prawribM by law or by the toms of any applicable wamnty Provided by the Seller after the date of
acceptance of the goods freaked hereunder (acceptance not to be unreasonably delayed), resulting from imperfect
or defective work done or materials furnished by the Sella. Acceptance or we of goods by she Purchaer shall not
coalimte a waiver of any claim under this warranty. Except a otherwise Provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately mused by the beach of any of me forgoing warranties
or guarantees, but such liability shall in no event include lass of profits Or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Puorhnusr nay make charges to legal tens by wrinern change other.
5. CI IANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the tents, other than legal terns, including additions to or deletions from
the quomi0es originally ordered in the specifications or drawings, by verbal or written change order. If any such
change affects the mount due or the time of hare=der, an amicable adjarment shall be a.&.
6. TERMINATIONS.
The Purchaser may at any time by written change order, terminate this agreement as to any or all ponians of the
goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials that in
progress provided that the Purchaser shall not be liable for my claims for anticipated profirs on the uncompleted
ports= of the goods and/or work, for incidental or conatential damages, and that no such adjustment be made in
favor of the Sella with cancer to my good which ere the Sellers standard stock. No such termination shall relieve
the Purchaser or the Seller army oftheir obligations as to my goods delivered hereunda.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment nun he, manned within thirty (30) days from the date the change or seminarian is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced sold delivered and famished in smm
compliance with all applicable laws and mgulmians to which the goods are subject The Seller shall execute and
deliver such domments as may he required an elTect or evidence compliances. All laws and regulations required to be
inaugurated or agreement of Nis eharaeter ore hereby incorporated tern by this of ions The Sella agrees to
indemnify and hold to purchaser harmless fro all cast and damages sufreral by 6c Pmchoser at, a mull of the
Sellers Failure to comply with such raw.
9. ASSIGNMENT.
Neither party shall assign, traafev or convey this order, or my monies due or as become due hereunder without the
Our women commit afthe aNer laity.
10. TITLE.
The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished
in Performance of this agreement, free and clear of any and all liens, resnictiaa, caervnions, security interest
=cumbrances and claims crashers.
11. NONWAIVER.
Fail— of the Poorhouse to maize upon strict perfomeance of the term and conditions hereof, failure or delay to
exacise any rights or remedies provided herein no by law, failure a promptly ratify the Seller in the runt of a
breach the acceptance ofor payment for goods hereurWer or approval of the desib , shall not release the Seller of
any of the wornali,, or obligmiors of Nis purchase order and shall not be damcd a waiver of any right of the
pachawr an imial upon short performance hound or any of its rights or remedies as to my such goads, regardless
of when shipped, received or accepted, as to my prior or arainstorm default hereunder, nor shall my punsecured
can] modification or reseissi= of this pumhae order by rate Pumhaser operate as a waiver of my of the terms
hereof.
12, ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize shut in seteal economic prmfice, o eorhari resulting from mtitcat
violations are in fact bone by the Purchase. Theretofore, far good rouse and as considentim for executing this
purchase order, the Seller hereby assigns to the Porehaser my and all claims it nay now, have or hereafter
acquired under federal or sate antitrust laws for such overcharges relining to the pmiculm goods or services
purchased or acquird by the Purchaser pursuant to this purchase aNer.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If she Purchaser directs she Seller as cared nonconforming or defective goods by a date we be agreed upon by the
Purchaser and the Sella, and the Sella hereafa indicates ins inability or uawillingness to comply, the Purchaser
may cause the work to be performed by the most expeditious means available to it and the Seller shall pay all
casts aaociated with such work.
The Sella shall release the Purchaser and its contractors of any line from all liability ad claims of any shire
resulting Be. de, pert ofsuch work.
This release shall apply even in the event of fault of am fterace of the party collated and shall extend to the
directors, unit. and employees fsuch party.
The Series metrmt=1 obligations, usellulm, warranty, shall not be domed to be reduced, in any way, because
such work is performed or caused as be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is imports! to use any design, device, material or process covered by later, pam d. trademark
or copyright the Sella shall indemnify and save bamless the Pumh owe from any and all claims for infringement
by re n of the use of such pamord deign, dears, .,coal or process in com atimi with the contend, and
shall rodennify the Purchaer for any rest expense or damage which it may ba obligd to pay by reason of each
infringement at any time during the formation or after the completion of the work. In rare said equipment or
pay p= thereof or the intended we of the goods, is in such it held to c rallimte infringement and the use of
said equipment or part is calcined, the Seller shall, at its own expeaw and at its Opium, either procure for the
Purchaser the right to continue along said equipment or pans, replace the same with substantially equal but
noninfiinging equipment, or modify it so it becomes mnlnfdnging.
15.INSOLVENCY.
If the Seller shall become i..local or bankmpl, make an asignmeat for the Inner, of creditors, appoint a
receiver or trustee for my of the Sellers property or business, this order may forthwith be canceled by the
Prchuases without liability.
16. GOVERNING LAW.
The definitions ofterms used or the interpretation of the agreement and me right ofall parties here=der shall he
construed under and governed by the laws ofthe Sate of Colorado, USA.
The following Additional CaMiticas apply only in cases where the Sella is to perform work hereunder,
including the services of Sells Re,maenasive(s), ov the prtmim ofothers.
17. SELLERS RESPONSIBILITY.
The Seller shall any on said work at Sellers own nick until the same is fully completed and accepted, and shall,
in u of arty accident, destruction or injury to the wok and/or materials before Sellers final completion and
acceptance, complete the work in Sellers own expense and to the satisfaction of the Purchase. When mmmals
and aluipment sus furnished by others for insallmian or ruction by she Seller, doe Sella shall receive, reload,
store and handle same at der site and become mpm,ible therefor as through such materials andlor ampersand
were being furnished by the Seller under the order.
18. INSURANCE.
The Sella shall, at bit own ma ace, provide for the payment of workers minprn Lion, including occupational
disease benefits, so it employees employed on or in connection with the work revered by this purchase order.
andlor to their dependent in accordance with the laws of the sae in which the work is to be done. The Sella
shall also cony comprehensive general liability including, but not limited to, contactual and automobile Public
liability insurance with tidily injury and death limit of al least $300,000 for any one person, $500,000 for any
one accident and property damage limit per accident of S40I.M. The Sella shall likewise coupon, his
oatacton, if my, as provide for each enmperaatioo and monetary Before any of the Sellers or his motrnetoas
employers shall do any work upon the premises orumors, the Seller shall famish the Purchaser what a cenifocate
that such comprmarion and insurance have ben provided. Such certificates shall specify the date when such
compensation and insurance have been provided. Such certificates shall specify the date when such compensation
and insurance expires. The Seller agrees that such cona,mantion and insurance shall be maintained until after the
alliu work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assume the entire responsibility and liability fo, any and all damage, loss m injury of any kind
or mere whatsoever to persons or property caused by or resulting from the execution of the work provided for in
this parchou aNer or in connection beewith. The Sella will indemd(y and hold harmless N<Purchaser and any
to all of the Puorhuers offerers, agents end employees from and agmost any and all claims, lasses, damages,
charges or expeaes, whether direct or indinal, and whether so person or pmpersy to which the Purchaser may
be put or subject by reason of any act, action, neglect omission or defult on the pm of the Sella, any of his
contractors, or any of the Sellers or contractors officers, agent or employees. In case my suit or other
proceedings shall be brought against gate Purchaser, or its officers, agent or employees at any time on account or
by reason of my act action, neglect omission or default of the Sella of my of his contractors or my of its or
their officers, agent or employees as aforeaid, the Sella hereby agrees b assume the defense thereof and to
defend the same at the Sellers own expense, to pay any and all carts, changes, armeneys fees and other expenses,
any and all judgment that may be mounted] by or obtained e,I. the Pushover or my 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 against the property of the Purchaser, or said parties in or as a result of such auto or other proceedings,
the Sella will at once cause the rime W be dissolved and dischorged by giving bond or orheradse. The Sella and
his commuctors shall aka all safety precaution, Jewish and iatall all guads necessary for the Immoralist of
amumt, comply with all laws and regulations with regard to safety includin& but without tin ition, the
Occupational Safety and Health Act of 1970 and all rates and re alatioa issued pursuing theme.
Revised Malls