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HomeMy WebLinkAbout104675 DITCH WITCH OF THE ROCKIES - PURCHASE ORDER - 9147675Fort Collins Date: 12/29/2014 Vendor: 104675 PURCHASE ORDER DITCH WITCH OF THE ROCKIES 7160 EUDORA DR dba DENNER EQUIPMENT CO COMMERCE CITY CO 80022-1815 PO Number Page 9147675 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 12/29/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Inovice M00137 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@fogov.com IIISi]�I�: 9,308.38 c 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 I. COMMERCIAL DETAILS. Tax exemptions. By statute be City of Fan Collins is exempt from site and local taxes. Our Exemption Number is 1 L NON WAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of be Purchaser a insist upon strct psrformmm of the temts and conditions hereof, failure or delay a Inmmal Revenue, Diver, Colorado (Ref. Colorado Revised Sutures 1973. Chapter 39-26. 114 sq. exercise any right or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval cribs design, shall not release the Seller of Goods Rejected, GOODS REMCTED due to blow to meet specifications, either when shipped or due W defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be returned to you for credit and sore not to be replaced except upon receipt of urine. purchanr so insist upon strict performance hereof or my of its rights or remedies as a my such goods, regardless imtructions from the City of Fan Collins, of when shipped, received or accepted, as a my prior or subsequent default hereunder, or stall any purpoded oral modification or rescission of this purchase order by rim Purchaser apemen as a waiver of my of the terms Impaction. GOODS are subject to be City of Fan Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merthandse, services in equipment in response to this order an result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on be pan of the City of Fan C011im. However, it is to this, understood that FINAL Sella and the Purchaser recognize that in moil economic practice, overcharges resulting from moment ACCEPTANCEis dependembabricarmhoonofall appiicablerequral impectionpacedures. violarimn arc is fact home by the Purchaser.Theretofore, far good cause and its comidemtion for executing this purchase order, the Seller hereby assigns W the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F O.D, City of Fan Collins, IIq Woad St., Fan Collins, CO 80522, wIs% acquired under federal or some antitrust laws for such overchmga miming to the particular goods or services otherwise specified on this order.lfpamiodon c,given a prepay freight and charge separately, the original freight pumhasd or acquired by the Purchaser pursuant to this purchase order. bit l most accompany invoice. Additional charges for packing will not be accepted. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance.\Mere manufacturers have distributing points in various pare of the country, shipment is tribe Purchaser direct the Seller to worn mncunfotthg or defective goods by a date to be, agreed upon by be expected form the mires distribution point to destination, and excess freight will be, deducted from Invoice what Pumhasm and the Seller, and the Seller thereafta indicates its inability or unwillingness 0 imply, be Purchaser shipments are made from greater distance. may cause be work to bo performed by the must expeditious means available to it, and the Sella shall pay all costs unaccented with such work. Famous. Sella shall procure or sellers role cast all occcssary permits, arfificata and licenses required by all applicable laws, regulations, eMirances and rates of the state, municipality, reuntory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over be work of vendor. Seller father agrees to hold the City of Fort Collins harmless form and against all liability and lass incurred by them by reason of an restated or established violation of any such laws, regulations, ordinances, mles and requirements. Authorization. All ponies to this antmet agree War be repreumatives are, in fact, buns fide and possess full and complete authoory to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to be Is. and conditions muted herein act forth and my supplementary or additional arras and conditions amexed hems or incorporated Brain by reference. Any additional or different terns and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to ounce on your promised delivery date as noted Time is of the essence. Delivery and performance must be eBecral onion dw time slated on the purchase order and the documenn attached herem. No acts of the Purchmers including, without limitation, acceptance of partial late deliveries, shall operate as it waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable far damages. However, be Seller shall or bo liable fur damages as a result of delays due to eases oat reasonably fo iftle which see beyond its reasonable control and widmit its Man of vegh,come, such acts of God, was of civil or military autheritie, g wernmaul prlorhies,firms, stokes, Bond, epidemics, wars or nods presided that notice of be conditions causing such delay is given to be Purchases within five (5) days of the time when the Seller firm received knowledge hereof. In Ind enter of my such delay, the date of delivery shall be extended for be period eqnal a be time actually lost by reason off delay. 3. WARRANTY. The Sella warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples mdtm other descriptions given, will be ❑t for the mr,. intended, and paranoid with be highest degree of care and competence in accordance with accepted standards for work of a similar naoam The Seller agrees to hold be purchaser hornless from my lass, damage m expense which be Purchaser may suf r or incur an account of be Sellers breach of searamV. The Sella shall replace, repair m make good, without cost to the purchaser, my defects or faults easing wid in one (I) year or within such longer petiod of time as may be prescribed by law or by the terms of my applicable wammy provided by be Sella after the date of acceptance of be goods famished hereunder Nocryuvas not a he uneea onably delayed), resulting from imperfect or defective watx done car rnmerials f imbed by be Sella. Acceptance muse of good by be Purchaser shall not comtinum a waiver of any claim under this wamnty. Except m otherwise provided in this purchase order, be Sellars liability hereander shall extend to all damages proximately caused by be breach of any of the foregoing wrimnrie or guarantees, bat such liability shall in no event include loss 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 miss by women change order. 5. CHANGES IN COMMERCIAL TERMS. The Pwawast bay make any changes to the reemv, Wier Ian legal mrma, including additions ro or Meiows form be gmmudies originally ardered in We sponficadom or drawings, by verbal or written change order. If my such o cnga i feas We amount due or the time ofperformanhere under. eunder. m equitable adjmtmmt gall bma e de. 6. TERMINATIONS. The Purchases may at tiny time by wdnrn change order, immune his agreement as to any or rill Factions of the goods then not shipped, subject to my equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted Iranian of We goods and/or work, for incidental or c ncia aatial damages, and bat no sash adjustment be made, in favor of the Sella with respect to my good which art the Sellers standard stock. No such saturation shall relieve Me Purchaser or the Seller of any of their obligations as to my goad delivered broarder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most Be assorted isobars thity, (30) days for one date We change or tetination is ordered. 8. COMPLIANCE WITH LAW. The Seller mounts that all goad sold hereunder shall have been produced, sold, delivered and furnished in stun compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such document in may be required to effect or evidence compliance. All laws and regulations required to bo incorporated in agreement of this chamcta are hereby incorporated herein by Nis reference. The Sella agrees to indemnify and hold the Purchaser hatless (ram all cant and damage suffered by the Purchaser m e result of the Sell. failure a comply with such law. 9. ASSIGNMENT. Neither parry shall assign, mart an convey dos order, or any mania due or to become due hereunder without be poor wrinrn content of the Ober pany. 10. TITLE, The Sella wamm, fall, clam and sommuded title to the Purchaser for all equipment, mamnd , and items famished in performance of this agreement, free and clear of any and all liens, restricnom, reservations, socudry interest mcumbmnce mid claims of.thers. The Sella shall release be Purchase and its ..at. of my 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 parry relented and shall extend to the directors, afters and employees ofsuch pany. The Shcds contractual obligations, including wormy, shall not be deemed to be reduced, in any way, because such work is pafemed or caused to be performed by the Pumbecn. 14. PATENTS. Whenever the Seller u required to use my design, device, material or process covered by lever, patent, candernark or copyright, the Sella shall indemnify and save harmless We Purchaser from my and all claims for infringement by ra n of be use of such patented design, device, mmenal or process in connection with We coutme" and shall indemnify the Purchaser for my cost, expense or damage which it nay be obliged w pay by reason of such infringensent at any time during the prosecution or after the completion of We work. In case said equipment, or any pan thereof or be intended use of the goods, is in such suit held to accurate ofngement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Pumbam the right to continue using said equipment or pans, replace the same with substantially equal but mainftingiug equipment, or modify it sec it becomes abutufringing. I S. INSOLVENCY. If the Seller shall become insolvent or bankmpr, make an assignment for de benefit of creditors, appoint a ramica or ounce for my of be Sellers property or business, Nis order may forthwid be canceled by the Purchaser without Gaboury. 16. GOVERNING LAW. The definitions ofterms aced or be interpretation orbs agreement and the rights of all pmica hereunder shall Is, construed under and governed by the laws of the State ofColomda, USA, The following Additional Conditions apply only in taus where the Sella is to perform work hmeander, including be services of Sellers Represenutive(s), on the preaches ofodces It. SELLERS RESPONSIBILITY. The Seller shall wry on said work m Sellers owe risk moil the same is fully mmplaed and accepted, and shall, in came of very accident, destruction or injury to the work maker materials before Sellers final completion anal acceptance, mmplae the work at Seller awn expense and to be satisfaction of the Parcbxmm. When tnamnals and equipment are furnished by others for installation or eanion by the Seller, be Sella shall receive, unload, store and handle same at be sire and became repomiblc therefor to though such material, and/or simmer were being famished by the Seller under the order. 19. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupmimul disease benefit, to its employees employed on or in courtectian with the work covered by Wis purchase order, ardor to then dependent in accordance with Me laws of the state in which the work is to Be done. The Sella atoll also rnrry comprehensive general liability including, but nor limited W. controversial and mossamile public liabun, insurance into hardily injury and deaf limits of an It., S300,O00 for my cos person, $500,0(10 for my accident and property, damage hour per accident of 5400,000. The Sella sill likewise require his contractors, n tiny, as provide for such compematim and ma umme. Before any of the Sellers or his contractors employees shall do my work upon the premises of others, the Sella shall famish she Purchaser with a cenifcare that such compensation and insurance have been provided. Such anlficares shall meaty the date when such compensation and insurance have been provided. Such ecnificates shall specify the rime when such compensation and insurance expire. The Seller agree chat such compensation and insurance shall be nuinuined until after the entire work is completed and am'sed. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sellar hereby assuma the entire respomibiliry and liability for any and rill damage, loss or injury army kind or nature whatsoever to persona or property ..it by m resulting form We execution ofbe work provided far in Nis parcbmse order or is aanenit herewith. The Sella will indemnify and Mid harmless Me Fashioner sad my or all of be Purchasers afters, agents and employees fivm and against my and all claims, losses, damages, cargo or expenses, whether direct or indirect, and whether to persona or propany to which be Purchaser may be put or subject by reason of my act, anion, neglect, omission or default on be part of the Seller, any influx comment , or my of the Sellers or contractors ofcem, 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 account or by reason of any act, action, neglect, omission or default of the Seller of my of his continuous or my of it or Nair afters, agents or employees as aforesaid, de Sella hereby agrees to assume the defense berm( and to defend the same at the Sellers own expense, oo pay my and all cost, charges, ammrys f and other expenses, my and all judgment bat trey bo incurred by or chained against the Pluchaser in any of it or their ofcers, agent or employees in such suits or ocher proceedings, and in case judgment or odor that be placed upon or obtained against the pmpeny of the Purchases, or said parries in o as a reach ofsuch suits or other proceedings, Me Sella will at once most, the mass to be diasohed and discharged by giving bond or otherwise. The Sella and has contractors shall MID, all safety precautions, famish and install all guard necessary, for de prevention of accident, comply with all laws and regulations with regard to safety including, but wihout limitation, be Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuit derma. Revised 07l2014