Loading...
HomeMy WebLinkAbout113279 DAN'S SMALL ENGINE - DSE INC - PURCHASE ORDER - 3215201Fort Collins PURCHASE ORDER PO Number Page 3215201 1of2 This number must appear on all invoices, packing slips and labels. Date: 01/12/2015 Vendor: 113279 Ship To: WATER UTILITIES DAN'S SMALL ENGINE - DSE INC CITY OF FORT COLLINS 1816 HEATH PARKWAY #F 700 WOOD ST FORT COLLINS CO 80524 FORT COLLINS CO 80521 Delivery Date: 01/12/2015 Buyer: PAT JOHNSON Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES, Line Description Quantity UOM Unit Price Extended Ordered Price 1 2015 Blanket Order Engine Repair 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 to Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tennis and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City argon Collins is exempt from sane and local taxes. Our Exemption Number is 99-0 502. Federal Exciae Tax Exemption Ceniflcam of Registry 84-6000587 is registered with the Collector of Inremal Revenue, Deaver, Colorado (Ref, Colorado Revised Statutes 1971, Chapter 39-26. 114 (a). Goads Rejected. GOODS REIECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit, may be returned to you for credit and are not in be replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS are subject to the City of Fan Collins inspection on arnead Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in informal 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 must be F.O.B., City of Fan Collins, 700 Wood St, Fort Collins, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight and charge separarely, the ongmal freight bill most WCOarg say invoice. Additional charges for packing will not be acerytd. Shipment Distance. Where manufacturers have disdnbuting point in various parts of the country, shipment is expected from the nearest distribution poim to desiinarioq and excess freight will be deducted from Invoice when shipment are made from greater distance. Permit Seller shall procure at sellers sole cost all necessary, permits, comficares and licenses required by all applicable laws, regulation, ordinances and rules of the slue, municipality, territory or political subdivision where the work is porformM or required by any other duly mnstimtnd public authority having jurisdiction over the weak of vendor. Seller former agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an desened or established violation of any such laws, regulations, ordinances, rules arequirements. Authomztion. All parties to this contract agree that the representatives are, in fact bona fide and possess full and complete authority to bind said parries. LIMITATION OF TERMS, This Purchase Order expressly limit acceptance a the treat and conditions aimed herein set form and any supplementary or additional mines and conditions annexed herein or incorporated herein by reference. Any additional or diffeorm ernes 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 mive can your promised deliverydate o noted. Time is ofthe essence. Delivery and parfermmce must be effecdtd within the time stazed on the purchase order and the docummt attached herein. No area of the Purchasers including, without limitation, acceptance of paial late delivenes, shall operate as a waiver of this provision. In the event of my delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing Nis 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 control and without its fault of negligence, such act of God. was of civil or military s uthonties, govemmrttal promises, fires, svikes, flood, epidemics, wars or not provided that notice of the conditions cousin, such delay is given to the Purchaser within five (5) days of the time whin the Seller first received knowledge thereof, In the event of my amb delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrant that all goods, articles, materials and work covered by this order will conform with applicable drawing, specifications, samples and/or other dean ... ns given, will be, fie for the purposes intended, and performed with rare highest degree of care and competence in accordance with accepted stm lards for work of a similar nature. The Seller agree to hold the purchaser harmless from my loss, damage or expense which the Purchaser may suffer or incur on accent of the Sellers breast of warranty. The Seller shall replace repair or make pond without cost o the purchaser, my defects or faults arising col hin one (1) year or within such longer period of rime as may be prescribed by law or by the terms of my applicable warmly provided by the Seller after the dam of acceptance of the goods famished herender facceptmce not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the purchaser shall not maormum a waiver of my claim under this warmly. Except as otherwise period d in this purchase order, the Sellers liability hereunder shall emend 0 all damages proximately caused by the breach of my of the foregoing warranties or guarantees, but 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. q. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal meat by ones change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes o the t other than legal meats, including additionsor deletions from the quantities originally ordered in we specificmions or drawing, by verbal or written charge order. If my such change affects the amount due or the time of perfomtmce hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by wrinm change order, temunare this agreement as to my or all portions of the goods then not shipped, subject to any equitable adjustment betwren the games as, to my work or mammals then in progress provided then the Purchaser shall not be liable for my claims for anticipatW profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller work respect o my goods which are the Sellers standard stock. No such terminmen shall relieve the Purchaser or the Seller of any of their obligations au to my goods delivered hereunder. ]. CLAIMS FOR ADfUSTMENT. Any claim for mhumnmt must be aaaed within thirty, (30) days from den date the change or temunaicn is ordered 8. COMPLIANCE WITH LAW. The Seller waant that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations b which the goods arc subject. The Seller shall execute and deliver such documents as nay be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreement of this character sm hereby incorporated herein by this reference. The Seller agrees m indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or canvry this order, or my monies due or to become due hereunder without the prior wrinm consent of the other parry. 10. TITLE, The Seller warrant full, clear and unrestricted title to the Purchaser for all equipment, mammals, and items fum and in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims citations, 11. NONWMVER Failure of the Purchaser to insist upon strict performance of the terms and conditions herself, failure or delay to exercise any rights 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 of the design, shill not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any puryoned oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser maognire that in actual economic o erchares ges resulting from mtimut violations are in fact home by the Purchaser. Theretofore, for rgood cause and as consideration for execuung this purchase order, the Seller hereby assigns to the Purchaser any and of claims it may now have or hereafter acquired under federal or stye contrast laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser direct the Seller so worn nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates it inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available to it and the Seller shall pay all east associated with such work. The Seller shall oil. the Purchaser and it contractors of any tier, from all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the parry released and shall extend in the directors, omcers and employees cf such parry. The Settees connanual obligations, including warmmy, shall not be deemed to be reduced, in any way, because such work is performN or nosed to be pedom al by the Purchaser. 10. PATENTS. Whenever the Seller is required to use my design, device, material or process covered by letter, patent, trademark or copyright the Seller shall indemnify and save hurmless the Purchaser from any and all claims for infringement by reason of the use of such parented design, device, material or process in connection with foe contract, and shall indemnify the Purchaser for my cost, expense or damage which it may be obliged to pay by reason of such management at my time during the prosecution or after the completion ofhe work. In case said equipment or my pan thaw( or the intended use of the goods, is in such suit held to consulate infringemmr and the use of said equipment or part is enjoin {the Seller shall, ar it own expense and in its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfnnging. 15. INSOLVENCY. If the Seller shill become insolvent or bsakmpt make or assignment for the benefit of creditors, appoint a receiver or trustm for my of the Sellers property or business, this order may forthwith It, canceld by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and me right of all parties bereander shall be omtmd order and governed by the laws of the Sme of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Represenutive(s), on the premises ofothers. ❑. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk mall the same is fully completed and accepted, and shall, in rose of any accident, destruction or injury to the work saber mammals before Settees final completion and acceptance, complme the work an Sellers awn expose and to the satisfaction of the Purchaser. When normal, and equipment are famished by others for installation or ermuon by the Seller, the Seller shill recess, reload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being famished by me Seller order the order. 18. INSURANCE_ The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, in its employees employed on or in connection with the work covered by this purchase order, mbar m their dependent in accordance worth the laws of the sure in which the work is W be done. The Seller shall then cart, comprehensive general liability including but not limited a, conuactoal and automobile public liability insurance with bodily injury and death limits of at least 5300,000 for my one person, S500,000 for my one accident and property damage limit per accident of Sg00000. The Seller shall likewise require his contractors, if my, to provide for such compensation and insurance. Before my of the Sellers or his contractors employees shall do my work upon the premises of others, the Seller shall famish the Purchaser with a cem fcate that such mmpmvton and insurance have ban p rvidd. Such mnificares shall specify the daze action such wmpens ,an and insumoe have bem provided. Such cnifiwes shall specify the date whim such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the more work is completed and accepted 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assume the more responsibility and liability for any and all damage, loss or injury of my kind or nature whatsoever to persons or property caused by or resulting from the execution of the wotx provided for in this purchase order or in connection herewith. The Seller will indemnify, and hold hamdess the Purchaser ard my or all of the Purchasers officers, agent and employees from and against my and ell claims, losses, damages. charges or expenses, whether direct or indirect and whether to persons or property, to which the Purchaser may be put or subject by reason of my act, action, neglect, omission or default oa the pa of the Seller, my of his contractors, or my of the Sellers or contractors officers, agents or employees. In case any suit or order proceeding shill be brought against the Purchaser, or its officers, agent or employees ar my time on acwmt or b5reason of my act action, neglect emission or default of the Seller of my of his contractors or my of its or their omcers, agents or employees as aforesaid, the Sella hereby agent in assume the defense thereof and to defend the same m the Sellers own expense, to pay any and all costs, charges, anomeya fees and othm expntes, my and all judgments that may be incurred by or obtained against the purchaser or my of it or their effects, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parties in or as a result of such suit or other proceeding, the Seller will at once more the same to be dissolved and discharged by Seeing bond or otherwise. The Seller and his wn=wm shall take all safety precautions, famish and install all guards greme y for the prevention of accidents, comply with all laws and regulations with regard to safety including but widow haritimem, the Occupational Safety and Health Act of 1970 and all roes and regulations moo! pursuant therein. Revised 07/2014