HomeMy WebLinkAbout275417 RHINNIES SMALL ENGINES - PURCHASE ORDER - 3215029Fort Collins
Date: 01/02/2015
Vendor: 275417
RHINNIES SMALL ENGINES
209 E SKYWAY DR
FORT COLLINS CO 80525-5800
Date: 01 /02/2015
PURCHASE ORDER
PO Number Page
3215029 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: TRAFFIC OPERATIONS
CITY OF FORT COLLINS
626 LINDEN STREET
FORT COLLINS CO 80524
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
Equipment Repair
Annual
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:pumhasing@fcgov.com
1 LOT LS
5,000.00
Total $5,000.00
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Page 2 of 2
I. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt firm state and local taxes. Our Exemption Number is
11. NON WAIVER.
98-01502. Federal Excise Tax Exemption Certificate of Registry 94-6000587 is registered with the Collector of
Failure of the Purchaser to insist upon strict performance cribs terms and conditions hereof, failure or delay w
Mental Revenue, Denver, Colorado (ReE Colorado Revised StaNtn 1971, Chapter 39-26. 114 bd'
exercise any rights or remedies provided herein or by law, failure on promptly notify the Sella in the event of a
breach, the acceptance of or payment for goods hamada a approval of the design, shall not release the Seller of
Goad Rejected. GOODS REJECTED due to failure o meet specification, either when shipped as due to defects of
my of the warranties or rbligances of this purchase order and shall not be domed a waiver of my light of the
drat as earsiL may he retuned to you for coedit and arc of to tse replaced except upon receipt of winter
purchaser to mist upon sma performma (smarm my of its lights or remedies as w my such goods, regardless
intrucfion firm th, City nfF. Collins.
of whin shipped, received or accepted, m to my prim ar subsequent default Increaser, tar shall any purported
oral modifirmon or rescission of this purchase order by the Purchases operate as a waiver of any of the teress
Inpectim. GOODS are subject m the City of Fort Collin inspection as anival.
hereof.
Final Accepts. Receipt of the merchandise, service or equipment in response to this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pan of the City of Fort Collins. However, it is w he understood that FINAL
Seller and the Purchaser recognix that in actual a rg is practice, o erchaes mulling from antitrust
ACCEPTANCE is dependent upon completion of all applicable required impaction procedures.
violations arc in fact home by the Purchaser. Therefoce, forgoodcause and as consideration for executing this
purchase oNer, the Seller hereby assign to the Purchases my and all claims it may now have or hereafter
Freight Tams. Shipments most be F.O.B., City of Fort Collins, 200 Wood SL, Fort Collins, CO 80522. hues
acquired under federal or state antitrust laws for such overcharges reining to the particular good or service
otherwise specified en Nis Iola. Ifp mission is given to prepay freight and charge Must the original Freight
purchased or acquired by tha Purchaser ptusuant to this purchase aides.
bill most acmmvenv invoice. Addifioml charem for parking will not be accursed.
Shipment Distances Whom manufacturers have dumbuting points in schools parts of the country, shipment is
expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when
shipments are made from greater distance.
Permits. Seller shall procure al sellers sole case all necessary pennies, certificates and litmus required by all
applicable laws, regulations, ordinances end alas of the sate, municipality, mummy or political subdivision where
the work is perfoaed. or ruruirN by my other duly committed public authority havingjuriss iction over the wank
of vendor. Seller finder agree, m hold the City of Fan Collin humlm from and against all liability and loss
incurred by them by reason of an asserted or established violation of my such laws, regulations, ordinances, rules
and raluirctvent,
Authorization. All panics to this annam agree that the representatives arc, in fact, bona fide and possess full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Function, Order expressly limits mMd. to she terms and candirion sated
herein set feed and any mpplemenmry a additional it. and condition annexed hereto or incoryorated herein by
reference. Any additional in dilierml terms and condition proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to active on your
promised delivery date n noted. Time is of the essence. Delivery snit performance most be effected within the time
stated on the purchase order and the documents attached haem. No acts of the Purchasers including, without
limitation, acceptance of partial lase deliveries, shall opera. as a waiva of this provision In the even, of any delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere
and holding the Sella liable for damages. However, the Sella shall not he liable for damages as a result of delays
due to mines suit scxombly foreseeable which are beyond its mammble control and without is fault of negligace,
such nets afGad, acts fcivil or military mthoNin, grvismerul pmarine, fires, strikes, flood, epidemics, wars or
Hour provided tlul notice of she condition causing such delay is given to the purchaser within rive (5) days of the
time when the Serer first received knowledge thereof. f the event of any such delay. the date of delivery shall b,
extended for the period equal to the rime actually last by Form ofthe delay.
3. WARRANTY.
The Sella warrants that all goods, articles, materials and work coverall by this oNa will conform with applicable
drawings, spaifimtion, samples ardror other description given, will b, fit for she proposes intended, sod
performed with fhe highest degree of rare and coMmence in sma ckewe with accepted standard fen work of a
similar mrace. The Sella agrees, w Mid the purchaser humless from any loss, damage or experts which the
Purhaser may safer or main. acmes, of the Sella breach ofwsnanry. The Sella shall MI., repair or make
good, without cast to the purchases, my defects or faults arising within one (1) year or within such longer period of
time as may be prescribed by law or by the moms of my applicable warranty provided by the Selltt after the date of
acceptance of the goods punished hereunder (acceptance not On b<unreasonably delayed), resulting from imperfect
or defective work done or materials punished by the Seller. Acceptance or use of goods by the Purchaser shall not
o atowe a waives of any claim under Nis wannnry. Except as otherwise provided in Nis purchase aide,, the Sellers
liability hereunder shall extend to all damages proximately maned by Ric breach of my of the foregoing warranties
or guarantees, but such liability shall in no event include loss ofprofis 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 m legal coma by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser easy make any changes to the temp, other than legal terms, including additions to or deletimss from
the i santiva originally ordered in the specification or dmwinp, by verbal or wri as change order, If say such
change ofecs the amount due err the time ofpcfformmequitable ce, hereunder, an adjustment shall be made.
6.TERh4NATIONS.
The Formosser may at say time by written change oNer, mmumm this agreement m to my or all ponimss of the
goods then not shipped, subject to any equiable Mjutmmt between the gorier as to any work or materials ohm in
progress provided that the Purchaser shall not be liable for my claims for anticipated profits on the uncompleted
portion of the goods andfor work, f incidental or comaluential damages, and that no such adjustment be made in
favor of the Seller with respect to any good which am the Sellers mad sol stock. No such teainmion shall relieve
the Purchaser or the Seller of any oftheir obligations as to my goods delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for Wjuaouem most be asserted within drin, (30) days from the date the change or uncomtia u
milmol.
S. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have ban produced, sold, delivered and fumished in stria
compliance with all applicable laws and regulations to which the good are subject. The Seller shall execute and
deliver such documents as may be inquired to effect or evidence compliance. All laws and regulations required to be
mcoryctrumd in agreements of this character are handy incorynmmd herein by this reference. The Seller agrees w
indemnify, and hold tin Purchases harmless from all ens sM damages suffixed by the purchases n a result of tha
Sellers failure to amply with such law.
9. ASSIGNMEW.
Net parry shall assign, transfer, or anvey this out. or my monies due in to become due hereunder without the
prior written consent ofthe other parry.
10. TITLE.
The Sella warrants full, clear and muestricmd title to the Purchaser for all equipment materials, and items published
in performance of this agreement, free and clear of my and all lien, rnnicame, reservations, security intaeq
exwnbreoces and claims of others.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe Purchaser directs the Seller to correct nonconforming or defective good by a date to be agreed upon by the
Purchaser and the Seller, and the Seller thereafter indicates its inability, or unwillingness to comply, the Purchaser
may cause the work to be performed by the most expeditious mean available to it, and the Seller shall pay all
toss nsocined with such work.
The Sella shall release the Purchour and its emtracmrs of any fier from all liability and claims of my mouse
resulting from the paformau ofsmh work.
This release shall apply am in the event of fault of negligence of the party released and shall extend to the
directors, oftficas and emplayas of sach party.
The Sella's contractual obligations, including warranty, shall not be deemed to be reduced, in any will, because
such work is performed of caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required w use my design, device, material or process covered by letter, patent, Mdenvmk
or copyright, the Sella shall indemnify and save harmless the Purchaser from my and all claims for infringement
by reason of the use of such Fatmted design, device, material in process in conviction with the autmcL and
shall indemnify the Purchaser for any cost expense or damage which it may be obliged to Pay by reason of such
infringement at my time during the prosecution or after the completion of the work. In ease said equipment, err
any pan thereof or the intended use of the goad, is in such suit held to constitute infringement and the use of
said equipment of pan is enjoined, the Seller shall, at is own expense and in its option, either procure for the
Purchaser the right to continue using said aquipmem or pans, replan the same with substantially equal but
noniniringing muipmmL in modify it as it brooms aninlHn mig.
15. INSOLVENCY.
If the Sella shall became, insolvent or bankroll, make an assignment for the benefit of inedilors, appoint a
receiver or nusme for my of den Sellers property or business, this order may Conhwipt be, canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definition of terms used or Ih, interpretation of the agreement and the rights of al l parties hereunder shall be,
consumed undo- and governed by the laws ofthe Sate ofColmpsi USA.
The following Addifioml Condition apply only in cases where the Seller is b pert work Intensities,
including the services of5ellm Representative(s), on the premu¢ ofo0ers.
17, SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sellers own risk. ,it the same is fully completN and xcepted, and shall,
in u of any accident, destruction or injury to the work and/or materials before Sellers final completion and
ccepance, complete the work m Sellers own expense and to the satisfaction of the Purchaser. When maenads
and equipment an, finished by others for intallmon or erection by the Sella, the Sella shall receive, unload,
store and handle same at the site and become msp Foible therefor as though such materials aodror a,mMens
were being fns ishal by Bra Sallerunder the oNer.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including accupro mal
disease benefits, to its employees employed on or in connection with the work covered by this purchase aides,
amVor to their dependents in accordance with the laws of the state 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 immature with bodily injury and death limits of at lea4 E300,000 for any one person, 8500,000 for any
one accident and property damage limit per accident of 5400,000. The Sella shall likewise empire his
mortuaries, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors
employers shall do any work upon tM pralmos s of others, the Sella shall fiunish the Purcharer wiN a cenifimm
Nat such wmpmsation and insurance have ban provided. Such certificates shall speciry she dam when such
comperamion and insurance have been provided Such artifimtes shall specify the date when such compensation
and insurance expires. The Seller agrees that such compensation and announce shell be maintained until after the
rntim work is completed and accepted
19, PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby nsumn the, msire ca vossibility wed liability fen any and all damage, lass of injury of my kind
or rature whmsoeva to person or property, mused by in mulling form rho execution of gm work provided far in
this purchase oNer or in mmactia have id, The Seller will botanically and hold harmless the Pundoess end my
or all of the purchasers officers, agents and employees from and against my and all claims, lassos, damage,
changes or expenses, whether direct a iu ffia, and whether to persmss or progeny to which on, Purchaser, may
1, put or subject by reason of my act, action, neglect, omission or default on the For of the Seller, any of his
contractors, or my of the Sella, 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 my time on account or
by reason of my an, action, no,dW, omission or default of the Seller of my of his contractors or my of its or
their articles, agents or employes as almasaid, the Seller hereby agrees to assume the der thereof and m
defend the now at the Seller own expert,, to pay any and all costs, changes, attorneys f and other expenses.
my and all judgments that may be incurred by or obtained against the purchaser or my of its or their often,
again or employees in such shin or other proceeding, and in case judgment m other dim be place upon m
obtained against the property of Om Purchaser, in said panics in or as a result of such suits or other pueedinp,
fe Seller will u on. muse the same to be dissolved and discharged by giving bond or otherwise. The Sella and
his tannin s shall sake all safety Incestuous, fiunish and install all gualls naessary 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 macs and regulation issued purstant Hereto.
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