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HomeMy WebLinkAbout104592 MAXEY COMPANIES INC - PURCHASE ORDER - 9147453Fort Collins Date: 12/18/2014 PURCHASE ORDER PO Number Page 9147453 1012 This number must appear on all invoices, packing sli s and labels. Vendor: 104592 Ship To: ELECTRIC UTILITIES MAXEY COMPANIES INC CITY OF FORT COLLINS 2101 AIRWAY AVE 700 WOOD ST FORT COLLINS CO 80524-2713 FORT COLLINS CO 80521 Delivery Date: 12/17/2014 Buyer: DOUG CLAPP Note: replaces unit # 4477 Line Description Quantity Ordered UOM Unit Price Extended Price 1 Each - Big Tex 14LX-12 1 LOT LS 7,675.00 Dump Trailer ref. quote dated 12/15/14 per Paul Zuhlke Contact: Greg R. or eric ph# 970-221-6613 ** Please call 24 hours prior to availability to be picked up *' 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 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. COMMERCIALDEfAI1S. Tux exemptions. By statute the City of Fan Collins is exempt from stare and local lases. Our Exemption Number is 98-04502. Federal Excise Tax Exemption CeniOmte of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado Oct. Colorado Revised Smmfs 1973, Chapter 39-26, 114 (a), Goods Rejected GOODS REIECfED due to failure to meet specifications, either when shipped or due to defects of damage in fdnsit may be returned to you for credit and art not to be replaced except upon meant of written instructions from the Ciry of Fon Collirss. Inspection GOODS sm subjm or the City of Fort Collier impaction oa artier). Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipments muss be F O.B., City of Fun Collins, 700 Wand St., Fon Callim, CO 80522, unless otherwise specified on this order. Upereamicsion is given to prepay freight and charge separately, the original freight bill most accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points f vanous peas of the country, shipment a expected (rem the neat distribution Point to destialio t, and excess freight will be deducted from Invoice when shipments are made Form punter distance. Family. Seller shall pressure at sellers sole cost AI necessary permits, certificates and licenses required by all applicable laws, mgalations ordinances and rates ofthe state, municipality, aerimry, or political subdivision where the work is performed, or mitered by any other duly mnstimted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of ran Collins hapless from and against all liability and loss incurred by them by mason of an asserted or established violation ofany such laws, regulations, ordfames, rules and requirements. Authorized... All parties 1. this contract agaa that the representatives are, in fact, boa fide and possess full and complete authority m bind said pmias. LIMITATION OF TERMS, This Purchase Order expressly limits commenee 10 the to. and conditions slated herein set Rich and any supplementary or additional terns and conditions annexed harem or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby ejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to stove an your Promised delivery rime o noted. Time is of the essence. Delivery and performance must he effected within the time sated oa the purchase ofda and the documents attached hereto. No feels of the Purchasers including, without limitation, acceptance of pnnial late deliveries, mail operate as a waiver ofthis prevision. In the event army delay, the Purchaser shall have, in addition to other legal and equitable mnWies, the option ofplacing fis order elsewhere and holding the Seller liable for damaga. However, the Seller shall not be liable for damages as a result of delays due 1. causes or reasonably foreseeable which art beyond its reasonable control and without its fault of negligence, such acts of God, acts ofcivil or military authorities, gnvemmental priorities, fires, strikes, flood, epidemics, wars or riots provided that notice of the conditions.uresing such delay is given to the Purchaser within five (5) days of the time when the Seller real received knowledge thereof In the event of any such delay, the dam of delivery shall be extended for the period equal to the time actually last by reason ofthe delay. J. WARRANTY. The Seller warrens that all goods, articles, nuterials and work covered by this order will conform with applicable drawings, spaifmtions, anmples ergo, other desorption given, will be fir far the Fulani isamnded, aW performed with the highest degree of are and competence in accordance wild accepted standards for work of a similar rime. The Seller agrees to hold the purchaser hornless fmm any lass, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wamnty. The Set cor shall replace, repair or make good, without cost to the purchaser, any dr out, or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the arms of any applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unreasoably delayed, resulting fmm imperfect or defective work done or mmaials f ishol by the Seller. Acceptance or use of goods by the Purchaser shall not omtirute, a waiver of any claim under this warranty. Except m otherwise Provided in this purchase order, the Sellers liability hereunder shall rimed 10 all damages proximately caused by fe breach of my of the foregoing walaanh. or guarantees, but such liability shall m m arced include loss ofpmfirs or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FULNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes in Nee terms, other than legal terms, including additions to or deletions from the guentifes originally ordered in the spaificatiom or drawings, by velhal or written change offer. If any such change afferes the amount due or the time ofperr ante hereunder, an writable adjttsrmnmt shall be nude. 6. TERMINATIONS. The purchaser may at my time by wrinm change order, tomiate this agreement as to any or all pociom of the good than not shipped, subject to any equitable adjustment between the panics as to my work or materials then in progress Provided that the Purchaser shall not 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 adjmtmmt be made in favor ofthe Seller with respect to any goods which arc the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations a to any good delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjactment mat be acsened within thirty, (30) days fmm the date the change of termination is ordered 8. COMPLIANCE WITH LAW. The Sella wamnts that all goad sold hereunder shall have been produced, sold, delivered and fumishat in sldct compliance with all applicable laws and regulations to which the goods art subject The Seller shall execute and deliver such documents a may be required to affect or evidence compliance. All I., and regulations required to be incorporated in agreements of this character are hereby incoryomted herein by this reference The Seller agrees to indemnify and hold the Purchaser harmless from all cots and damages surfaced by the Purchaser as a occult of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither perry shall assign, namfer, or convey this order, or any movies due an to becora due hereunder without the Prior written motor of the other panty. 10. TITLE, The Sella warrants full, clear and un estrined title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of my and all liens, restrictions, reservations, security interest encumbrances and claims of ofers. I L NONWAIVER. Failure of the Purchaser to insist upon strict performance of the reins and conditions hereof, failure or delay to exercise any rights or comedies provided herein or by law, failure to promptly notify fie Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release 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 to insist upon strict performance hereof., any of iu rights or remedies as to any such good, regardless of when shipped, received or accepted, m to any prior or subsovpmt default hereuMer, nor shall any puryoncd oral modification or rescission of this purchase order by the Purchaser epitome as a waiver of any of the temp hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Sella and the Purchaer recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact home by the Purchaser. Theretofore, for pad cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchases any and all claims it may now have or hereafter acquired under (Wool or state antitrust laws for such overcharges reli ing to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If1he Purchaser dome, the Seller to mnea nonconforming or defective goods by a date to ha agreed upon by fie Purchaser and the Sella, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cruse the work to be perf red by the mast expeditious means available to it, and the Seller shall pay all costs ass.ciatW with such work. The Seller shall release the Purchaser and its contractors of any tier form all liability and claims of any nature resulting from the perfomnnce of such work. This release shall apply even in the event of fault of negligence of the party relcmW mall shall extend to the directors, officers and employees ofsuch parry. The Sellers conaoclml obligations, including warranty, shall act be deemed to be nducW, in any way, because such work is pe,fomW or caused to be pafom W by the Purchaser. 14. PATENTS. Whenever the Seller is mcnired to use any design, device, material or process covered by leaeq patent, trademark or copyright, the Seller shall indemnify and save hamrless 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 of pay by ,mown ofsuch infringement at any time during the prosecution or after the completion of the work. In case said alulpmmt, or any pan thereof or the intended use of the good, is in such slit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at to option, either Procure for the Purchaser the right to continue using said ovuipmml or pans, replace the same with substantially cuual but noninffiraingequipment, or modify it so it becomes marrififfortmom. 15. INSOLVENCY. If flee Seller shall become insolvent or Wnkmpt, make an assignment for the benefit of creditors, appaim a receiver or mastee for any of the Sellers property or becom, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The defnitiom ofteems used or the interpretation oflhe agreement and the rights craft parties hereunder shall be comvued coda and governed by the laws of the State of Colorado, USA. The following Additional Candtimts apply only in cases where the Seller is to perform weak hereunder, including He services of Sellers Represents D), ma the premises ofothers. IT. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Series own risk until the same is fully completed and accepted, and shall, in se, of my accident, destruction or injury to the wok sugar materials before Sellers fiat completion and acceptance, complete the work at Sellers own ampere sad to the satisfaction of the Purchaser. When materials sud overpower are famished by others for installation or erection by the Sella, the Sella shall receive, natural, store and handle same f1 are she and become responsible therefor as though such materials anger ovuipmmr were bring fiunished by the Sella under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, us its employees employed on or in connection with the work covered by this purchase order, anger to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall elm carry comprehensive general liability, including, but act limited us contractual and automobile Public liability ituunnce with bodily injury and death limits of at 1.15300,000 far any one person, S500,000 for any one accident and Property damage limit per accident of SU0.000. The Seller shall likewise rttions his contactors, irony, to Provide for such compelmrion and insurance. Before any of the Sellers or his conttxrors employees shall do my weak upon fr Premises mothers, the Seller shall furnish fe Purchaser with s cur ifmre that such compensation and insurance Fast, been provided. Such cmifmtes shall specify the date when such compensation and insurance have been provided. Such ecnificates shall specify the date when such mmpemapion and insurance expires. no Seller agrees that such compensation and insurance shall be maintained until after the copies wok is completed and accepted. 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 wbatsoover to Fanners or property caused by or resulting from the execution ofthe wok provided for in this purchase order or in correction herewith. The Sella will indemnify era hold hamlem the Purchaser and my r all of the Foehmers afire r, agents end employees from and against any and all claims, losses, daroges, charges or expenses, whether direr or iWirecl, and whether to persons or propom to which the Purchaser may be put or subject by reason of any act, action, neglect omission or default on are pact of the Sella, my of his contractors, or my of the Sellers or contractors officers, agents or employees. In case my suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on ncmum ar by reason of any act, action, neglect, omission or default of the Seller of any of his continuous or any of its or their ofem, agents or employees as aforesaid, the Seller hereby agrees to assume fie defense thereat and to defend fie same at the Sellers own expense, to pay any mid all costs, charges, idu m i fees and .the, expenses, my and all primmer that may ha incurred by or obtained against the Purchaser or troy of its or their ofecrs, agents or employees in such suits or to, preceedings, and is case judgment or other lira be placed upon or obtained against the, pmperry of the Purchaser, or said panic is or as a result of such suits or fifer proceedings, its, Sella will a1 onto caller the same to be dissolved and discharged by giving bond or otherwise. The Sella and his conrmcfrs shall take all safety precautions, f ish and insull all goods nttmsary for the prevention of accidents, comply with all laws and regulation with regard to safety including• but without limitation, the Occupational Safety end Health Act of I970 and all roles and regulations issue pursuant thereto. Revised 072014