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HomeMy WebLinkAbout306043 MAC EQUIPMENT INC - PURCHASE ORDER - 3215240Fort Collins Date: 01/12/2015 Vendor: 306043 MAC EQUIPMENT INC 2116W1STST LOVELAND CO 80537 PURCHASE ORDER PO Number Page 3215240 1o12 This number must appear on all invoices, packing slips and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 01/12/2015 Buver: 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 Miscellaneous Repair City of Fort Collins Director of Purchasing and Risk Management This order is not valid over E5000 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 4,000.00 Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 :rIr] Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONW AIVER. 98-04502. Federal Excise Tax Exemption Cenificam of Registry 94-600fil is registered with the Collector of Failure of the Purchaser to insist upon inner Performance of the teener and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref Colorado Revised Steatites 1973. Chapter 39-26, Ili (a). exercise any rights or remedes prodded herein or by law, failure to promptly notify Me Seller in Me event of a breach. Me acceptance of or Payment for goods hereunder or approval of Me design, shall not release Me Seller of Goods Rejected. GOODS REJECTED due to failure 0 meet specifications, either when shipped or due to defects of my of Me countries or obligations of this purchase order and Shall not be deemed a waiver of any right of Me damage in transit, may be returned to you for credit and are trot to be replaced except upon receipt of written purchaser to insist upon shirt pertimin cehereofor any ofirs rights or remediessoto my such goods, regardless instructions from the City of Pon Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported and modification or rescission of this purchase order by Me Purchaser operate as a waiver of my of ere terms Inspired... GOODS are subject to Me City of Fan Collins inspection on anneal. hereof Final Acceptance. Receipt of the merchandise, services or equipment in negating, to Mis order can result in 12, ASSIGNMENT OF AM1TTRUST CLAIMS. amhoriad payment on Me pan of the City of Fan Collins. However, it is to be understood that FINAL Seller and Me Purchaser exclaim Mat in bawl economic prmtme, overcharges restrike, from armrest ACCEPTANCE is dependent upon completion of all applicable required inspection procedures violations are in fact home by Me Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby nectar, to Me Purchaser my and all claims it may now have or hereafe Freight Terms. Shipments must be F.0 B_ City of Fan Collins, 700 Wood Sr, Fan Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to Me particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, Me original freight purchased or grew red by the Purchaser pursumt to His purchase order. bill most accompany tr oom. Additional charges for packing will rut be becepmd. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufaerurers have distributing points in various pans of Me country, shipment is If Me Purchaser directs Me Seller to correct nonconforming or defective goods by a date in be agreed upon by Me expected from Me nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller Hereafter indicates its inability or unwillingness to comply, Me Purchaser shipments ere made from greater discome may cause Me work to be performed by Me most expeditious means available to it, and the Seller shall pay all costs asweiated with Such work. Foods. Seller shall procure at sellers role cost all necessary permits, certificates and licenses required by all aptimmle laws, regulations, ordinances and mle of Me sure, municipality, temwry an galitical subdivision where The Seller shall release Me Purchaser and its mmractors of my net from all liability and claims of my now, Me work is pwiftmred, or required by my other duly consumned public authority having judadienion over Me mark retailing from Me performance of such work. of vendor. Seller fuller agrees to hold Me City of Fan Collins harMess from and against all liability and loss rcared by Mem by reason of m asserted or established md... n of my such laws, regulations,Thi wMearces, pules This release shall apply wen in Me event of fault of negligence of Me parry released and Mall extend to Me Had r quirmime,. directors, officers and employees of such parry. A.Morivalum All parties m this cmeraa ogee Man the representatives are, in fact bona fide and Possess full and The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in my way, because complete authority to bind said panics such work is Performed or caused to be performed by Me Purchaser. LIMITATION OF TERNS. This Purchase Order expressly limits acceptance to Me terms and conditions stated herein am foM and my supplementary, or additional mores and conditions mnexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY, PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment in amve on your promised delivery date w noted. Time is of the essence. Delivery and pedonnance must be eRectN within Me time grated on Me purchase order and Me documents wanted herein. No acts of Me Purchasers including, wHoot limitation, acceptance effort lam deliveries, shill operate as a mover of this provision. In Me event of any delay, Me Purchaser shall have, is addition to other, legal and equitable remedies, Me option ofDlacin, Mis order elsewhere and holding the Seller liable for damages. H.wevea Me 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 arts of God, eves of civil or military authorities, governmental priorities, fires, strikes, (load epidemics, wars or noes provided that nonce of Me conditions rousing such delay is given to Me Purchaser within five (5) days of Me time when Me Seller first reversed knowledge thereof, In Me event of my tech delay, Me date of delivery shall be emended for Me period equal in the time anuilly lost by reason of Me delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples md/m other descriptions given, will be fit for Me purposes intended, and performed with Me highest degree of care and competence in accordance with accepted stmdems for work of a singer nature. The Seller agrees so hold Me purchaser homilies from my loss, damage or expense which Me Purchaser may suffer or incur on summer of Me Sellers breach of warrmry. The Seller shill replace, repair or make good, without cost in Me purchaser, my defect or faults arising within one (I) year or within such longer penal of time as may be prescribed by law or by He errs of any applicable commonly provided by Me Seller after Me date of lace recce of the goods famished hereunder (acceptmce not in be unreasonably delayed), resulting from imperfect or defective work done or materials famished by Me Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warrmry. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall exited to all damages proximately caused by Me breach of my of Me foregoing warrmuas or guararttt; ben such liability shall in em event include log 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 terms by aim den change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes in Me terms, other Man legal terms, including additions w or deletions from she wanmes originally ordered in the specifications ar drawn,, by w mar or —imen change order. If any such change affects Me amount due or Me time ofperfoemmce hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at my time by written change order, terminate this agreement as to any or all punaof Me goods Men not shipped, subject to my equitable adjustment between the parties as to my work or materialsHm in Progreso provided Mat Me Existence shall not be, liable for my claims for anticipated profits on the uncompleted portion of the goods si work, for incidemal to consequential damages, and That no such zdju mment he made in favor of Me Seller win respect to my grads which ere Me Sellers standard stock. No such termination shall relieve Me Purchaser or the Seller of my of their obligations as to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be warned within Mitry (30) days from Me date Me change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants Mat all goods sold hereunder shill have been produced, sold, delivered and famished in strict compliance, with all applicable laws and regulations in which Me goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in timemteres of His character are hereby inmrpomaed herein by His reference. The Seller agrees to indemnify and hold me Purchaser harmless from all costs and damages suffered by Me Purchaser as a much of Me Sellers failure to comply will such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convex, this order, or my monies due or sa became due hereunder without Me prior wnnm consent of Me other parry. 10 TITLE, The Seller warrants full, clear and mretncted aide or Me Purchaser for all equipment materials, and imrtn famished n perfoemen a of this agrcemmt free and clear of my and all liens, restrictions, reservations, wecunry interest an mtbrarrces and claims of miters. la. PATENTS. Whenever Me Seller is retired to but my design, device, matedel or process covered by Inter, parent, hademark or copyright, Me Seller shall indemnify and save harmless the Purchaser from my and all claims for infnngemml by reason of Me use of such patented design, device, material or process in connection wiM the contract, and shall indemnify Me Purchaser for my cost, expense or damage which it may be abliged to pay by reason of such infringement at my time during Me prosecution or after Me completion of Me work. In case said oprepment or my pan thereof or Me intended use of Me goods, is in such suit held to contract, infringement and Me tag, of said quipmme or pan is enjoined, Me Seller shall, at its own expense and at its more, either preeme for Me Purchaser Me right m continue using said equipment or part replace Me same with substmtially equal but nownfringing equipment or modify it so it becomes naninfnnging. 15. INSOLVENCY. If Me Seller shall became insolvent or bankrupt make an assignment for Me benefit of crediwrs, appoint a receiver or trustee for my of Me Sellers propedY or business, this order may forthwM be canceled by Me Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or Me interFammon of the agreement and Me rights of all parties firmanda shall be construed under and govemed by Me laws offers, State of Colorado, USA. The following Additional Candidates apply only in cases where Me Seller is to perform mark hereunder. including Me services of Sellers Reprc emerve(s), on Me premises ofodmig 19. SELLERS RESPONSIBILITY. The Seller shall carry on said work ar Sellers own risk one the same is fully completed and accepted, and shall, in e of my accident, destruction or injury to Me work and/or materials before Sellers final completion and acceptmce, complete Me work at Sellers own expense and to Me satisfaction of Me Purchaser. When materials and equipment are furnished by others for installation or erection by He Seller, Me Seller Mall receive, unload, ware and handle same in Me site and become responsible therefor as though such materials md/or equipment were being famished by Me Seller under Me order. IS. INSURANCE. The Seller shall, at his awn expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with Me work covered by Mis purchase order. m Uw to their dependents in accordance with Me laws of Me state in which Me work is to be done. The Seller shall also carry comprehensive general liability including, ben not limited to, marmumeal and automobile public liability insurance wN Ludily injury and death limits of u lean Sx.,o00 for any one person. SmAndia for any one accident and property damage limit per accident of 5300,000. The Seller shall likewise rgwre his contractors, hany, to provide for such comperearman and insurance. Before my of the Sellersor his contractors employees shall do any work upon Me premises of others, the Seller shall furnish Me Purchaser with a certif Cate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificate shill specify the date when such compensation and insurmce expire. The Seller agrees Hat such mmpansation and insurance shall be maintained mtil after He more work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes Me entire responsibility and liability for my and all damage, loss or injury of any kind r nature wharsoever to persons or propem caused by or resulting from the execution of Me work provided for in this purchase order or in connection herewith. The Seller will Indemnify and hold harmless the Purthaser and my or all of the Purchasers officers, agents and employees from and against any and all claims, lone, damages, charges or expanses, whether direct or indirect and whether m persons or property m which Me Purchaser may be pm or subject by regain of my act action, neglect omission or default on Me pan of Me Seller, my of his mnteaaors, or my of Me Sellers or contractors oRcem, agents or employee. In cask my suit or other proceedings shill be brought against the Purchaser, or its officeq agents or employees in my time on armwr or by reason of any act, action, neglem, omission m default of the Seller of my of his contractors or my of its or Mein officers, agents or employees m aforeaid, the Seller hereby agrees to assume Me defense Manor and to defend Me same ar Me Sellers own expense, in pay my and all rusts, chv,es, nexamys fees and other expe a s. my and all judgments that may be incurred by or obtained against Me Purchaser or my of its or their officers. agents or employees in such wits or other proceedings, and in case judgment or other lien be placed man or obtained against Me propem of the Purchaser, or said partes in or as a result of such suits or other proceedings, Me Seller will at once cause Me same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guards necessary for Me prevention of acddmts, comply with all laws and regulations with regard on safety including, but without limitation, Me Ocroomered Safety and Health Act of 1970 and all roles and regulations issued pursuant Hereto. Revised 0712014