Loading...
HomeMy WebLinkAbout102606 4 RIVERS EQUIPMENT LLC - PURCHASE ORDER - 9147402PO PURCHASE ORDER 914740er Page City of PURCHASE 9147402 1 of 2 ' `t( OI I Ins This number must appear V " on all invoices, packing sli s and labels. Date: 12/15/2014 Vendor: 102606 4 RIVERS EQUIPMENT LLC 1100 E CHEYENNE RD COLORADO SPRINGS CO 80905 Ship To: NATURAL AREAS CITY OF FORT COLLINS 1745 Hoffman Mill Road FORT COLLINS CO 80522 Delivery Date: 12/15/2014 Buyer: DOUG CLAPP Note: NJPA Ag Tractors and/or Impl. 031711-DAC Line Description Quantity UOM Unit Price Extended Ordered Price t Flail Mower - Center Pull Quote # 9453304 dated 4/3/14 per Keenan Gaab JD 390 Heavy Duty Flail Mower - Center Pull Dept: Natural Areas Matt Parker Deliver equipment and documents to: Fleet Services Shop 906 W.Vine Fort Collins, CO 80521 Contact: Greg R. or Eric ph# 970-221-6613 ** Please call 24 hours prior to delivery ** shop hours 7:30am to 3:30pm 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 4,851.77 Total $4.851.77 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 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from slate and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Fedowl Exeiu Tax Exemption Certificate of Registry 84 6000587 is registered with the Collector of Failure of the Purchaser to insist upon surest performance of the terms and conditions hereof, failure or delay as Internal Revenue, Denver, Colorado (Ref. Colorado Revised Stmns 1973, Chapter 39-26,114 Dr. exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in me event of a breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of Goods Rejected, GOODS REJECTED due to failure m meet specifications, either when shipped or due to defects of any of the warranties or obligations of this pumbase order and shall not be deemed a waiver of my night of the damage in transit may be rammed to you for credit and are not to be replaced except upon receipt of serious Purchaser to insist upon strict performance hereofor any of its rights or rcmedics as to any such goods, regardless Namaeons for the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any pur,omed oral modification or rescission of this purchase order by the Purchaser operate te a waiver of any of the terms Inspection. GOODS are subject to the City of Port Collins inspection on arrival. hereof. Final Acceptance. Reaipl of the merchandise, serikey of equipment in reapoma to this order caa reau[, in 12. ASSIGNMENT OF ANTITRUST CLAIMS authorized payment on the prat or the City of Fort Collins. However, it is to be understand that FINAL Seller and the Purchaser reargues, that in astral economic practice, overcharges resulting from antiwst ACCEPTANCE is dependent upon completion oral[ applicable required inspection pnmedures. violations are in fact home by flaw Pointers. Theretofore, for good torts, and u consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or herwfts, Freight To.,. Shipments must be F.O.B., City of Fort Collins, 700 Wood St., Fan Collins, CO 80522, unless acquired under federal or slate whotut laws for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the ongued freight purchased or acquired by the purchaer pursuant to this purchase order. bill most accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufmmrers have distributing points in various parts of the country, shipment is If the Purchuer directs the Seller to correct nonconforming or defective goods by a&te to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made firm greaser distance may wise the work to be performed by no most expeditious means available to it, and the Seller shall pay all cost associated with such work. Pounds, Seller shall procure at sellers sole cost all necessary permits, wordiness and licenses infrared by all applicable aws, regulations, ordinances and miss of the state, municipality, terrier, or political subdivesion where the work is performed, or required by any other duly consumed public content, having jurisdiction over the work of vendor. Seller funkier agrees ro hold the Ciry of Fort Collins uurculaw from and against all liability and loss ed by them by reasen of an asserted or established violation of any such laws, regulations, ordinances, tales incurred ndrtrequirements. Authorization_ All ponies to this contract agree that the representatives me, in fact, bona fide and possess full and complete suthonry to bind said patties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference Any additional or different terra and conditions Proposed by seller are objected to and hereby rejected, 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately Hyou cannot make complete shipment to amve, on your promised delivery date as noted. Time is of Me essence. Delivery and performance most be effected within the time stated on the purchase order and the documents attached hereto. No whoa of the Purchasers including, without limitation, acceptance ofpanial late deliveries, shall operate w a waiver ofthis provision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplaeing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable Comm] and without its fault of negligence, such ask of God, acts of civil or military authorities, governments] produces, fires, mrikes, Bond, epidemics, wars or riots provided that niece of the conditions causing such dairy u given to the Purchaser within five (5) days of the time when the Sella first received knowledge thereof In the event of any such delay, the date of delivery shall be extended for the period equal to the time acmally lost by reason offe delay, 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this Omer will conform with applicable drawings, specifications, samples anspor other descriptions given, will be fit for the purposes crowded, and performed with the highest degree of care and competence in recombines, with accepted shorthand, for work of a similar mare. The Seller agrees to hold Ne purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cast to the purchaser, any defects or faults arising within one (1) year or within such longer period of time re may be prescribed by law or by the rime, of any applicable warrmly provided by the Seller after the date of acceptance of the goods fumishd hereunder (acceptance not to be unreasonably delayed), resulting from imperfect er defective work done or materials funi shed by the Seller. Acceptance muse of goods by the Purchaser shall at wartime a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately eausd by the breach of any of the foregoing romances 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 Purchaser may make changes to legal ream by winners change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal rem s, including additions to or deletions front the quantities originally ordered in the specifications or drawings, by verbal or written change order. If my such change affects the amount due or the time ofperformance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at my time by written change omeq terminate this agreement as to any or all patterns of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or mmennls thon In progress provided that the Purchaser shall at be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such djusment be made in favor of the Seller with respect to any goods which we the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller ofany of their obligations ass to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for djasment must be asserted within thirty (30) days from the date the change or nomination is ordered. 8. CUMPLIANCE WITH LAW. The Seller warrants Nat all goods sold hereunder shall have ban produced, said, delivered and famished in strict compliance with all applicable laws and regulations to which the goods are subject The Seller shall execute and deliver such documents ns may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hairless from all earls and damages suffered by he Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this major, or any monies due or to become due hereunder without the poor, wham consent of the ohO, Party. 10. TITLE. The Seller warrants full, clear and committed title to the Purchaser for all equipment, portable, and items famished in performance of this agreement, Gee and clear of any and all liens, conditions, reservations, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the dereetors, officers and employees ofeuch any. The Sellers contractual oblegmeous, including wananry, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, parent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost expense or damage which it may be obliged to pay by reamn of such infringement or 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 war held to conmimn infringement and the use of said equipment or pan is enjoind, the Seller shall, m its own expense and at its option, either pro are for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but nonenGnging equipment, or modify it so it becomes ooninfnnging. 15. INSOLVENCY. If the Seller shall become insolvent in bankrupt, make an assignment for the beneft of creditors, appoint e receiver or must, for any of the Sellers property or business, this order may forthwith be, canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftrms used or the interpretation afe agreement and the rights ofall parties hereunder shall be construed under and governed by flue laws of the State of Colorado, USA. The following Additional Conditions apply only in conle, where the Seller is to perform work hereunder, including the services of Sellers Reprearmaticres), on rue pmnisrs ofofers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and acceptor, and shall, in se of any accident, destruction or injury to the work and/or materials before Seller's final completion and accelerator, complete the work at Seller's own expense and to the satisfaction of the Foundaser. When materials 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 ci equipment were being Sacrishd by the Seller under the color. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefit, to its employees employed on or in connection with the work covered by this purchase order, crispier to their dep,n tents in accordance with the laws of Ne share in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least S300,000 for my one person, MOQOOO for any one accident and property damage limit per accident of S400,000. Tire Seller shall likewise require his contractor, if any, to provide for such compensation and insurance. Before any of the Sellers or his contactors employees shall do any work upon the premises of others, the Seller shall f ish the Purchsser, with o councate that such compensation and erourance have been provided. Such certificates shall specify the date when such compensation and Imu c nce have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such cooperation and insurance shall be maintained until after th, entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire respousibility and liability for any and all damage, lass or injury of my kind or rabic whatsoever to Persons or property caused by or resnhing from the execution off, work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hmmless the Purchaser and any r all of the Puchaers officers, agents and empki firm and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or prepeny to which the Purchaser may be put or subject by reason of my act, action, neglect, omission or default on he pan of the Seller, my of his contractors, or any of the Sellers or contractors officers, agents or employees. In case my suit or other proceedings shall be brought against the Purchuer, or its officers, agents or employees at any time on account or by reason of my act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, egenk or employees as oforessid, the Seller hereby agrees to assume day defense thereof and to defend the same at he Sellers awn expense, to pay my and all costs, charges, ahorneys fees and other expenses, any and all judgments foal rimy be occurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suit or other proceedings, and in case judgment or whet lien be placed upon or obtained against the property of the Purchaser, or said parties in or as a result crunch suit or other procedengs, he Seller will at once ounce the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall mks all safety precautions, boorish and install 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 rules and regulations issued pursuant thereto. Revised 072014