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HomeMy WebLinkAbout124948 TOP GUN PRESSURE WASHING INC - PURCHASE ORDER - 3215084PO PURCHASE ORDER 321508er Page City. of PURCHASE 3215084 1 er z ' `t/ OI tins This number must appear V ` on all invoices, packing sli s and labels. Date: 01/09/2015 Vendor: 124948 TOP GUN PRESSURE WASHING INC 500 W 67TH ST LOVELAND CO 80538 Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET I FORT COLLINS CO 80524 Delivery Date: 01/08/2015 Buyer: Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2015 CONTRACTUAL 1 LOT LS 5,000.00 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 Total 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 DEfAI S. Tax exemption. By salute the City of Fan Collin is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-0 502. Federal Excise Tax Exemption Certificate of Registry 84fi000587 is registered with use Collector of Failure of the Purchaser to insist upon strict pert of the terms and condition hareof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39 26, 114 (a). exercise any rights or arenedia provided Interim or by law, failure to promptly ratify the Sector in the event of a breach, the uceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet apaification, either when shipped or due to defects of any of the warranties Or Obligation of this purchase order and shall not be deemed a waiver of any right of the damage in mint, may la, rammed to you for credit and arc not to be replaced except upon receipt of wallow purehaser m imist upon strict pmfmawm herecofor any ofits rights or remedies ss Wary such goods,regardless instructions from the City of Fort Collim. of when shipped, received or accepted, of to any prior or subsequent default hereunder, nor shall any puryon d oral modification or rescission of this pmchzw other by the Purchaser operate of is waiver of any of the re. Inspection. GOODS are subject as the City of Fan Collins inspection oa arrival, hereof. Final Acceptance Receipt of the merchandise, sateor equipment in response to this order canresult in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of pad Collins. However, it is to be understood thatFINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violation are in fact home by the Purchaser. Theretofore, forgood cause and in consideration for executing this purchase order, the Seller hereby assign to the Purchaser any and all claims it may now have or hereafter Freight Tema. Shipments most be F.O.B., City of Fort Collins, 700 Wood St, Fort Collins, CO 80522, unless acquired under federal or state antitmsl laws for such overcharges rehting to the pc nicular goods or services otherwise specified on this order. If pmnission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursumt a this purchase ori bill rant accampony invoice. Additional charges for packing will not h accepted Shipment Distance Where manufacnuers have distributing points in sorion parts of the mum, shipmem is expected f the nearest distribution point to destination, and excess freight will h deducted from Invoice when shipments arc made farm greater distaam. Permits. Seller shall procure al sellers sole cast all naessery, penrd., certificala and her. required by all applicable laws, regulations, ordinances and rules affix state, municipality, temmry or political subdivision where the work is Performed, m required by any other duly constituted public authority havingjuriNiction over the work of vendor. Seller further agrees to hold the City of Pon Collin harmless from and against all liability and loss incurred by them by Oman of an asserted or established violation of any such laws, regulations, ordinances, rules and requirements. Authorization. All parties to this contract agree that the representatives are, in fact, bona file and possess full and omplete amhority to bind said pubes. LIMITATION OF TERMS. This Purchase Order expressly limits swerpmnce to the corms and candawas stated herein red forth and any supplementary or additional terra and conditions annexed hereto or incorporated herein by reference. Any addilioal or dllF ram rem¢ and condition proposed by sailor are objected to and hereby rejected. 2. DELIVERY, PLEASE ADVISE PURCHASING AGENT immediately if you carwit make complete shipment to drive on your promised delivery dam as no ed. Time ex of the announce. Delivery and prefnewanre rant be effected within the time stated on the purchase ardor and the dacvmen. attached hrrew. No acts of the Purchasers including, without limitation, acceptance ofpartial late deliveries, shall operate as a waiver of this Francisco. In the went of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing Nis Order elsewhere and holding rise Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due m causes nor reasonably foreseeable which arc beyond its comfortable control and without as fault of negligence, such acts of God, acts ofcivil or military withorifies, governmental priorities, fires, strikes, Rood, epidemics, wars or don provided that notice of the condition causing such delay is given fo the Purchaser within five (5) days of the time when the Seller first received knowledo, thereof. In the event of any such delay, the date of delivery shall be extended for the penpl equal to the time actually Inc by mown of the delay. 3. WARRANTY. The Seller murder that all goods, articles, materials and work covered by this order will conform with applicable drawings, •pocifcalion, samples ardor other description given, will h fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards flu work of a similar nature. The Seller ogees in hold the purchaser hvmiess from any loss, damage or expense which Rc Northern, may suffer or incur ov account offer Sellers bench of.1y. The Seller will replm, repair or make goad, without cast to the purchaser, any defects or faults arising within one (1) year or within such longer period of rime os may be prescribed by law or by the rears ofay applicable mrmy provided by the Seller after the date of acceptance of the Bonds fmnswed hicamoder (accepanr, rat to be unreawably delayed), resulting from imperfect or defective work done or reaterias famished by the Seller. Acceptance or use of goods by the pardoner shall not liability hereunder shall extend to all damages print or guarantees, but such liability shall in no event in OR MERCHANTABILITY OR OF FITNESS FOR 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal to. by waned change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, he, than legal terms, bottom, addition to or deletion form the quantities originally ordered in the specification ar drawings, by verbal Or written change other. If any such change offer. the ..am,due Or the time ofperm fonance hereunder, anuita eqbntrnat le adjshall be made. 6. TERMINATIONS. The Purchavr may as arty time by women change order, terminate this agreement as a any or all portion of the goods then not shipped, subject to my equitable x1jmtmmt htween the parties as to, any work or materials then in progress provdded that the Purchaser shall not be liable flu any claims for anticipated Fruits on the uncompleted portion of the goods -Nor ..,it, for incidental or consequential damages, and that sea such supwrmam be made in favor of the Seller with respect to any goods which art the Sellers suveard stock. No such termination shall relieve the Purchaser or rise Seller of any oftheir obligation as to any good delivered bemunder. Y. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must h asserted within thirty (30) days from the date the change or termination is mdered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hade order shall have ban produced, sold, delivered and famished in strict compliance with all applicable laws and regulation to which We goad m subpar. The Seller shall execute and deliver such documents as may be required b effect Or evidence compliance. All laws and regulation required to be, incorporated in agree om. or this charmer are hereby incorporated herein by this reference. The Seller epea to indemnify and hold the Purchaser harmless from all corn and damages suffered by the Purchases as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall whiM transfer, or convey this order, Or any monies due or to become due bartender without the prior written consent ofthe other Pam. 10. TITLE. The Seller warrants full, clear and constructed title to the Purthaser for all on apraeat, materials, and items famished in performance of this agreement, free and dear of any and all lie-, restrlctio-, reservation, security interest encumbrances and claims of others. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. WIN, Purchaser directs the Sellor to correct noncauffiraring m defective goods by a date to be agreed upon by We Purchaser and two Seller, tad We Sulfur thereafter iMieates its wabiliry or unwillingness to comply. the Purchaser may cause the wad: to No perf ed by the most expedidon mean available to it, and the Seller shall pay all cnds associated whit such work. The Seller shall at the Purcharer and its contractors of any for tram all liability and claims of any retort resulting firm the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees Of such pang. The Sellers contactual obligations, including waranry, shall not be deemed to be reduced, in any way, because such work is po fumed or caused to be performed by the Purchaser. 14. PATENTS. Whenever. the Seller is taryired to use any design, device, material or prom. covered by truer, patent, trademark r copynBhr, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringeman by reason of We use of such "cuted design, device, material or process in connection with the contract, and shall indemnify rise Purchaser for any cost. expense or damage which it may be obliged to pay by reason of such infringement m any time during the prosecution or after the completion of the work. In caw said scriptural, at any put thereof or the intended use of the funds, is of such Bair held to ca dmimte inlringamera ram the use of said equipment or pan is orpmed, the Seller shall, at its own expense and et its option, either procure far the Purchaser the right as continue -ing said equipment or pans, replace We same with substantially equal but noninfringing rquipment or modify it so it hcoma madminging. 15. INSOLVENCY. If the Seller shall became insolvent or bankrupt, make an assignment far the ourfil of cre bons., appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definition of hands, used or the interpretation of the agreement and the rights of all panics hereunder shall be construed under and governed by the laws ofthe Storm ofColomdo, USA. The following Additional Condition apply only in tales where We Seller is to perform work hrreunder, including the mairiccs of Seller Repmunmtive(s), on the premises orothem. 17. SELLERS RESPONSIBILITY. The Seller shall may a said work at Sellers own risk until the some is fully completed and sampled, and shall, in use of any accident, destruction or injury m the and, ardor awards before Sellers final completion and acceptance, complete the work at Sellers own expene and W the satisfaction of the Purchaser. When materials and equipment arc furnished by otham for inullamso or erection by We Seller, the Seller shall receive, unload, store and handle more at the site and become responsible therefor as though such materials and/or equipment were being fmished by the Seller coder the order. 18. B4SURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or to then 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 m, contractual and automobile public liability inamnce with bodily injury and death limits of at least 5300,000 for any one person, $500,000 for any me accident and property damage limit For accident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and assurance. Before any of the Seller or his contractors employees shall do any work upon the prtmisa oloshers, the Sellershall famish the Purchaser wiW a certificate that such compensation and mwwwr have tern provided Such vindicates shall specify the date when such compensation and imurance have been provided. Such certificates shall specifythe ease when such rompers tioo and resonance expires. The Sella agrea that such mmpen tioo and instance shall he maintained =is[ after We entire work is complered and acceped. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire raps-ibiliry, and liability for any and all damages loss or injury of any Nod or assume whatsoever to person or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, agents and employees from and against my and all claims, losses, damages, charges or expenses, whether direct or indicter, and whether to persons or property to which Ra Purchaser may h put or subject by reason of any act, action, neglect, omission or default on tha pan of the Seller, any of his onducted, or any of the Sellers or cammetors officers, agents or employees. In cast any suit or other proceedings shall be brought against the Purchaser, Or its officers, agents or employees at any time or account or by crown of any act action, neglect, omission or default of the Sella of any of his contractors or any of its or Weir ofbrers, agents or employees as aforesaid, the Seller hereby agrees for assume the defense, thereof and to defend the same as the Sellers awn cxpeme, to pay any and all cosrs, charges, anomeys fan and other expenses, any and all judgments that may be inc riled by or obtained against the Purrelwer or any of i. Or Weir otficers, agents Or employees in such suits or offer proceedings, and in cause judgment or other lien be placed upon Or obtained again the property fthe Purchaser, or said panic as or as a result of such axis or who, proceedings, the Seller will at once cause she same m be diswhsed and discharged by giving bond Or othervrise. The Seller and his contractors shall use all safety, precaution, fmish and install all guard necessary fin the prevention of accidents, comply with all laws and regulation with regard to safety ineludin& but without limitation, We Occupational Safety and Health Act of 1970 and all nla and regulation issued pursoam thereto. Revised 07RO14