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HomeMy WebLinkAbout548972 MAC TOOLS - PURCHASE ORDER - 9147379PO PURCHASE ORDER 914737er Page City of PURCHASE 47379 1 of 2 ' `t Collins( hisnumber must appear ` v �7 on all invoices, packing sli s and labels. Date: 12/15/2014 Vendor: 548972 MAC TOOLS GOVERNMENT & NATIONAL ACCOUNTS 505 N CLEVELAND AVE WESTERVILLE OH 43082 Ship To: FLEET SERVICES - MAIN SHOP CITY OF FORT COLLINS 835 WOOD ST FORT COLLINS CO 80521 Delivery Date: 12/15/2014 Buyer: DOUG CLAPP Note: Quantity Extended Line Description UOM Unit Price r 3 each #241N1100006 Data Torq Per Quote MAV1214-11-21-2014-3 as per quote Item# 24N100006 Description: Data Torq Heavy Portable 12VDC Qty: 1, each Price: $3,957.00 Total Quantity - 3 Total price - $11,871.00 FOB: destination - freight Prepaid Contact: Greg R. ph# 970-221-6236 Delivery to: Fleet Services Shop 835 Wood St. Fort Collins, CO 80521 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 11,871.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 rchase Order Terms and CondiCons Page 2 of 2 1. COMMERCIALDETAILS. Tax exemptions. By samte elm Ciry of Fad Collins is exempt form stale and local taxes. Our Exemption Number is 98T4502. Federal Excise Tax Exemption Ccnificom of Registry, 84-6000582 is registered with the Collector of I.e.[ Revenue, Deaver, Colorado (Ref. Colorado Revised Sumer 1973, Chapter 39 26,114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or doe on defects of damage in transit, may be returned to you for credit said me not to be replaced except upon receipt of written instructions form ode City of Fort Collins. Inspcaim. GOODS are xi to Ilse City of Fort Collies inspection on arrival. 11. NONWAIVER. Talure of the Purchaser to insist upon tracer perfersectram of the mrrns and wnditiora hereof, failure or delay to exercise any rights or rmndles provided herein or by law, failure to promptly entity the Seller in the event of a branch, the acceptance i f or payment for goods hereunder or approval i febe design, mail rat release the Sella of any of the warmntiu or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hermfor any of its rights or remedies m to any such goods, wgardlus of when shipped, received or accepted, as to any prior or subsequent default hectometer, no, shall any purposed oral modification or rescission of His purchase order by the Purchaser operate ss a waiver of any of the arms hereof. Final Acceptance. Receipt of the merchandise, venires or equipment in easporse to this order can each N 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment an the pan of the City of Fort Collins. However, it is to be understand that FINAL Seller and the Purchaser ever mze that in adml cam practice, o ntges .[he, from ..at ech ACCEPTANCE is dependent upon completion call applicable required inspection procedures. vwinners me in far, home by the Puncheon, Theretofore, far goad cause and as consideration for accruing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may raw have or hereafter Freight Terms. Shipments most be F.O.B., City of Fort Collins, 700 Wood St, pod Collins, CO 80522. unless acquired hinder federal or state antioosl laws for such ove¢harges relating to the particular goods or services otherwise specified on this order. if permission is given m prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant b this purchase coda. bill most accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment favorite. Where manufacturers have distributing Points in various parts of the country, shipment is If the Purchaser directs the Sellerfa correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to dcaliialion and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller therca0eriadicams Its inability or mwillingneas to comply. the Penchant, shipments am made from greater distance. may cause the work to be performed by the most expeditions means available to it, and the Seller shall pay all casts sswciared with such work. Permits. Seller shall t tillers sole cash all naessa procure e ry permits, certificates and licemtsm required by all applicable laic, trgulations, oodbances and rules of the slate, municipality, tenilory or political subdivision where The Seller shall release the Purchaser and its contractors of any her from all liability and claims of any nature the work is performed, or required by any other duly command public authority, having jurisdiction ever the work resulting form the performance of such work. of mdo,. Seller further agues to hold the City of Fort Collins harmless from and against all liability and loss rumored by Ihem by reason of tin asserted or established violation of any such laws, regulations, ordnance', rules This release shall apply even in the event of fault of negligence of the party released and shall extend to the and requirements. directors, oRcers and employees afsuch party. Authorimtion. All parties to this watrem agree that the representatives art, in feel, bons fide it pone ss NII aW complete authority to lied said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance an the terms and renditions traded herein set forth and any supplementary or additional teens and conditions annexed hereto or incorporated herein by reference, Any additional or different arms and conditions proposed by seller are objeUcd to and hereby rgcoded. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete inquiring 1. mrive on your promised delivery date as noted. Time is of the easenee. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpartial late deliveries, shall Operate as a waiver ofthis provision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable remdws, the option at placing this aide, alseveham and holding the Seller liable for damages. However, the Seller shall not W liable for damages as a result of delays due an muses not reasonably foreswable which art beyond its reasonable control ud without its fault of negligence, such acts of God, rats of civil or military authonfies, gove ..]pdorilies,f a. smk,, Road, epidemic, exam or riots provided that notice of the conditions running such delay is given to the Purchrstt within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the data of delivery shall be extended far the period equal to the time acroslly lost by reason of the delay. 3. WARRANTY. The Seller wermnls that up good, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples ankor other descriptions given, will be fir for the purposes intended, and performed with the highest degree of core and competarce in accordance with accepted mallard for work of a similar mlure. The Seller agrees to hold the purchaser harmless from any loss, damage or expea. which the Purchaser may suffer or incur on account office Sellers breach ofwonanty. The Seller shall replace, repair ar make good, without cost to the purchase, any defects or faults ansiag within one (1) year or within such longer period of time as may Be presented by law or by the temm of my appeasable warranty provided by the Seller after the date of acceptance of the good Sustained hereunder (ameplance, not to be immeasurably delayed), marking form impeffat or defective work done or materials famished by the Sella. Acceptance m use of goods by the Purchaser shall not constitute a waiver of any claim under Nis warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages prexlmuely wusd by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser Trey make changes to legal terms by women change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the mm ,. ether than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. 11any such change affects the mooning due or line time ofperf ante hereunder, an equitable adjustment shut] be made. 6. TERMINATIONS. The Punchmer may at any firm by writhes change order, terminate this agreement as m any or all portions of the goods then not shipped subject to any equable adjustment between the parties as or any work or materials then in progress provided that the Purchaser sbull not be liable for any claims for anticipated profits on the mmumpleted portion of the goad ankor work, for incidental or consequential damages, and that no such adjustment be made in favor of ode Seller will, rnpecr m any gods which art the Sellers standard sack. No such muniwdon shall relieve the Purchase m the Seller of any oftheir obligations as to any geed delivered hereunder. 9. CLAIMS FOR ADJUSTMENT. Any claim for adjuAmem must be asserted within thirty (30) days from the date the change or termination is ordered. L COMPLIANCE WITH LAW. The Seller waemnts that ell goad sold hereunder shall have been produced, sold, delivered and femuhd in strict compliance with all applicable laws and regulators 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 and regulations required to be ncoryorarrd in agreements of this character am hereby incorporated herein by this reference. The Seller agrees to indemnify and hold she Patch., historicist, from all coxes and donages suffered by the Purchaser as o .,oil of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pray shall assign, transfer, or convey this order, or my monies due or as baome due hereunder without ode poor women consent office other perry. 10. TITLE. The Seller warrants Poll, clean and uruestricad title to the Purchaser for all equipment, materials, and it. famished in pert m of Nis agreement fire and clear of any and all liens, raaictiom, reservations, smuity interest ancombmnces and claims ofot ke, The Sellers contractual obligations, including warmry, shall no, be deemed to the, confused, in any way, because such work is performed or mused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, maerial or process cussed by learn patent, trademark or copyright, the Seller shall indemnity and save harmless the Purchaser from any and all claims for infringement by crown of the use of such purred design, device, material or process in connection with the contract, and shall indemnify the Pucbnser for any cost, expense or damage which it may be, obliged to pay by reason ofsuch infringement at any time during the persecution or after the completion of the work. In case said equipment, or any parr thereof or the intended use of the good, is in such suit held to constitute infringement and the use of said equipment or part is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal bur noninfringing equipment, or modify, it so it becomes nonirminging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, more an assignment for the benefit of creditors, appoint a receiver or areace for any of the Sellers property or business, this order may forthwith b, canceled by the Purchaser without liability. 16. GOVERNING LAW. The defutiom of reare used or fire interyreation of the agreement and the rights of all parties hereunder shall be, consdmed under and governed by the rare fthe Sate ofC.I.&. USA. The following Additional Conditions apply only u m where the Seller is to perform work hererdee including the servicesw of Sellers Regreiarimp,), an thepremises of.flims. IT. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is Polly completed and occupied, and shall, in rase of any accident, destruction or injury to ode work impose materials bet Sellers f I completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchases. When naterials and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload, stare and handle same at the site and become responsible therefor as though such materials andfor equipment were being f Ishal by the Seller under the order. 18. INSURANCE. The Seller shall, an his own expense, Porvide for the poyment of workers compensation, including occupational disease benefits, to its cmplo ens employed on or in connection with the work covered by this purchase order, maker to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shell also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and drain limits of at least 5300,000 for any one person, SSOg000 for any one accident and property damage limit per accident of Setbu. 0. The Seller shall likewise require his contredors. Harry. to provide for such compensation and insurance. Before my of the Sellers or his contracors employes shall do any work upoa the premises of Wans, the Seller shall donnish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the it.,, when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation -dinsumnectapoe.. I he Seller agrees drat such compensation and insurance shall be maintained until after the emir, work is complete and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the more rraporsibility ad liability for any and ell damage, lass or injury, of any kind or nature whatsoever to persons or property caused by or resulting fmm the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchmer said any or all of the Purchasers officers, 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 ba put or subject by reason of any acr action, neglect, omission or default on ode pan of the Sella, my offers contractors, or my of the Sellers or contrmors officers, agents or employees. In case any suit or other proceedings shall be brought against the Partition, or its oRicee , agents or employees at any time on occurred or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as efureaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all as charges, atomeys fees and other expenses, any and all judgments Nat may be, incurred by or obtained against the Pachsser or my of its or their officers, agents or employees in such suits or other pracecdings, and in case judgment or other rim be placed upon or obaind againsl the property ofthe Purchases, or said panics in m as er madt of such suits an other p eedings, the Sella will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautiorrs, Worth and iosall all godds necessary for the prevention of accidents, comply with all laws and regulations with regard Io safety including, but without limitation, the Occupational Safety cad Health Act of I970 and all tales and regulations issued purslane thereto. Revised 07n014