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Home My WebLink About458053 MAX R - PURCHASE ORDER - 9147182PO PURCHASE ORDER 914718er Page C117/iLOf^ 9147182 1 °f 2 ' `r Collins lins Thisnumber must appear {� V ` J on all invoices, packing sli s and labels. Date: 01/14/2015 Vendor: 458053 MAX R W248 N5499 EXECUTIVE DR SUSSEX WI53089 Ship To: PARK MAINTENANCE CITY OF FORT COLLINS 413 S BRYAN FORT COLLINS CO 80521 Delivery Date: 12/05/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2 ADDENDUM TO PO 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 EA Total Pay terms net 30 days Invoice Address: 1,311.00 1.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIALDETAILS. Tax exemptions. By woum the City of For Collins u exempt from steno end local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Carnivore of Registry 84-6000587 u registered with the Collector of Failure of the Purchaser to insist an strict performance of the terms and conditions hereo[ failure or delay to Internal Revenue, Denver, Coleman (Ref. Colorado Revised Smtmes 1973. Chapin 39-26. 114 (a). exercise any rights or remedies provided herein or by law, failure in promptly notify We Seller in the event of a breach, the worptwo, afar payment far gook hereunder or apprmml of the design, shall at release the Sella of Goods Rejected. GOODS REJECTED due to failure to men specifications, either when shipped or due to deficits of any of me warranties or obligation of this pumhse order and shall can be deemed a waiver of any right of the damage in trarssi , may be tenured to you fen audit and are not to be replaced except upon receipt of women purchaser to mist upon stria performance hoomfor arty of its rights or mandice, as a any such goods• regardless intructimrs room the City nfFo. Collins. of when shipped, received or accepted, as to any prim or subsequent default hereunder, nor shall any puryotled oral modification or rucission of Was purchase order by the Puref war operate as a waiver of any of the terra Inspection. GOODS arc subject o me City of For Collin inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response m this aide, an result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. onflarmed payment on the pan of the City of For Collins. However, it is to be understood that TWA[. Sella and me Purchaser recognlm that in actual economic nss repractice, o erchasulting from antionl ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violation are in fact Gom<by me Purchaser. Thernoforenforr good cause and as conideation for exceeding this purchase order, the Sella hereby assign to the Prucbaror any and all claims it may now have or hereafter Freight Terra. Shipments must be F.O.D., City of For Collin, 700 Wand Sr, Far Collins, CO 80522, unless acquired under federal ar was anramat laws for such uvemharges relating 10 me parimlar goods or rervits amerwese specified oa Was order. If pemisamn is lima to ipay freight and charge separately, We original freight pmchmal or squired by the Purchaser pursuant to this pochau calls. bill meet automation, anvoice. Additional charge for pakaor, will not be a ampood. Shipment Distance. Where manufacturers have disarming points in various pans 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 farm greamr distance. Petmbts. Sella shall pressure at sellers sole cast all necessary pa rds, catifcams and lit. raryirN by all applicable laws, regulators, ordinances and rules i f We sonic, municiWliry, armory an political subdivision where the work is performed, or rtquital by any other duly vocational public normally having jurisdiction over the work of vendor. Seller tanker agrees to hold the City of Fan Collins harmless from and against all liability and loss incurred by them by reason arm soured or established violation army, such laws, regulations, mdiwnes, area cad reformers. Authorization. All parties to this contrail agree than ,he representatives are, in fact, bona tide and possess full and complete authorary to bind said parties. LIMITATION OF TERMS. This Purchase Date expressly limits acceptance to the terms and condition sated herein set fmW and any supplementary or additional toms and conditions rumored hereto or aaornom,ed heein by reference. Any additional or different tears and comWi ims, proposed by seller are objected to and hereby repeated. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date m noted. Time is of the essence. Delivery and performance most be efl'ated within the time stated on me purchase order and me documents attached hereto. No acts of the Purchasers encircling, without limitation, acceptance ofparial late delavenes, shall operate as a waiver of this provision. In the event of any delay, We Prechuer shall have, in addition to other legal and amiable remedies, the option of placing this order elsewhere and both, the Seller liable for damages. However, the Seller shall rot be liable for damages n a result of delays due to causes tent con onably foreseeable which arc beyond its reasonable corral and without its fault ofnegligace, such acts of God, acts ofcivil or military authod0es, governmental pnontis, f s stakes, flood, epidemics, wool or riots provided that notice of the conditions causing such delay is given to the Purch ra within five (5) days of the lime when the Seller first received knowledge thereof. In the event of any such 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 Sella martins, that all gook, articles, materials and we& covered by this order well conform wiW applicable drawings, specifimtion, samples water outer descrip4ons given, will be fit for the purposes member, end performed with the highest degree of care end competence in aware ance wen accepted standards for walk of a imdm .... The Seller pairs to hold the purchsu, two rues farm any loss, damage or expense which We Purchaser may suffer m incur on account of the Seller breach of ommanry. The Sella shall replace, mpab or make laws, without cost to the purchaser, any defects Or faults arising within one (1) year or within such longer period of time m may be presented by law Or by the terms of any applicable warranty provided by the Sella after We date Of acceptance of We goads famished hereunder mcaprom ce not to be unreasonably delayed), resulting from imperfect or defective work done or matenaE famished by the Seiler Acceptance or use of goods by the Purchaser shall ear conbmte a waiver of any claim under alas ismranry. Except as otherwise provided in dabs purchase order, me Sellers liability hereunder shall errand to all damages pmxbmaely causal by 0a breach of any of the foregoing wananfis or mrsontes, but such liability shall in no event include loss of poofls 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 moms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purthue, may make any changes It the terms. other than legal env, include., additions to or delaions from the 9—,in- military oalered an We spccifmcatiom or crawangs, by labor or canna change order. If any well change affects the amour, due or the brae of performmauce Iereunda. an equitable ndjustment shall be made. 6. TERMEJATIONS. The Purchaser may an any time by written change order, terminate this agreement as to any or all ports n of the goods then not shipped subject to any equitable adjustment between the parties m to any work or materials then in progress provided that the, Ptrchaser shall not be liable for any claims for anticipated profits on me uncompleted ponion of We gook and/or work, for incidental or catscquential damages, and Wit no such adjustment he made in favor of We Sella win respect o any goods which ate We Sellers sonde al stock. No such tamlortia shall relieve the Porchasls or the Sella army of their obligations as to any goods delivered hereunder. 9. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be aasaed within that, (30) days from me date the change or termination is ordered 8. COMPLIANCE WITH LAW. The Seller wartarm that all goods sold hereunder shall have been produced sold delivered and famished in strct compliance with all applicable lass and tegulaion A which the gook use subject. The Seller shall Brame and deliver such documents as may be required to often in evidence compliance. All laws and regulation required to be Inconpomted in agreements of this character see hereby incoryomted herein by tabs reference. The Seller agrees to indemnify and hold the Purchaser harmless (rear all wss and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey Was oNer, or any monies due or to become den hasta r without rare prior "am consent of We other parry. IIf TITLE. The Seller warrants full, elan and untreated title to the Producer for all couipmar, materials, nand items Trained I. performance of this ogmormod, free .cad clear of any and all lams. maactom, reservations, ns, saudty mtrrut encumbrances and claims trotters. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser dare,,, the Sella It coma ... em.forning or defective goods by a date to be macedl upon by the Premier and the Seller, and the Seller thereafter indicates us mabdity or unwillingness to comply, the Purchaser may cause me work to be performed by the ..at expedition means available to it, and the Seiler shall pay all costs associatal win such work. The Sella shall relo se We Purchaser aid as wntmerors of any ,In farm all liability aM claims of any naturt molting from the perfommance camels work. This release shall apply even in the event of fault of negligence of the parry relmsal and shall extend to the dilators, officers and employees of such parry. The Sellers exmoutual obligations, including warranty, shall not be deemed to be reduced, in any way, became such work is performed or caused or be performed by me Purchaser. 14. PATENTS. Whenever We Sella is earned to uu any design, device, m stmal or process special by letter, Wtew, oademark or copyright, the Seller shall indemnify and save harmless the Purchaser farm any and all claims far infringement by reason of the use of such patented design, device, material or process in connection with the am=?, and shall indemnify, the Purchaser for army cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, Or any pan that of or the intended use of the gowls, is in such suit held to contimte Infringement and the ere Of mid apartment or pan is enjoined, the Seller shall, at as own expense and at as op icar, either procure for the Purchaser the right to continue using said realignment or parts, replace me same with substantially egad but naninfringmg Wuipnrcnt, m modify it or it becomes nmrinfranging. 15. INSOLVENCY. If the Seller shall became insolvent or bankmpt, make an assignment far the hermit of credam s..,polar a receiver or proace for any of the Sellers papery or business, this order may forthwith be canceled by the Purchaser without litiold, 16. GOVERNING LAW. The definition of,,. amid ar the amerpreation i fmc agreement and the rights of ell parties hereunder shill be combed unda and govcmal by We laws of the State of Colorado, USA. The following Additional Condition apply only in cases wheat me Seller is o perform work hereunder, including the services of Sellers Repboar, ativerr, on the premises ofothers. ❑. SELLERS RESPONSIBILITY. The Sella shall arty on said work at Sellers own risk until the same is fully completed and amonal, and shall, in u of any accident, dntrection or injury to the work and/or materials before Sellers final completion and accepanee, complete We work at Sellers oww expense and to the satisfaction of the Purchaser. When materials .it eau mnerm are fumishal by others fen installation Or erection by as Seller, the Seller sting recerce, unload, store and hurdle same at the site and become responsible therefor as though such meter als and/or equipment were being famished by the Seller under the order. 18, MSURANCE. The Seller shall, at his awn expense, provide for We payment cf workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase out md/ar to their dependents in accordance with the laws of the state in which the work as as be done. The Sella shall also carry comprehensive general liability including, but rat limited no, eunttxtual and amomobale public liability lmumnce with finally injury and death limits of at least 5300,0hap for my one person, $5000o0 far any one accident aA property damage limit per accident of 54100,W. The Seller shall likewise tcquare has come ams, if any, an provide for such compensation and imuance. Before any of me Sellers or his wno-emon employees shall do any work upon the premises of others, We Seller shall famish the Purchaser with a cemficate ,lint such compensation .cad insurance have Bern provided. Such crmafica s shall specify the dare when web commemorator and insurance have been provided. Such cerafiates shall specify the date when such compensation and assurance expires. The Seller ages dust such compensation and insurance shall W maintained until after the afire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby rasa. the afire calwarbila y end ],&,lay for any and all damage, lot or injury of., kind or nacre whascever to persona or property caused by or resulting farm the execution ofthe work provided for in this purchase order or in connection herewith. The Sella will indemnify and hold harmless the Pachmer and any cr all Of the Purchasers Officers, agents and employees from and against any and all claims, losses, damages, harges or expenses, whether chum or radiant, and whether to persons or property to which the Purchaser may he put Or subject by reason of any act, action, acglect, omission or default on the pan of We Seller, any of his contractors or any of to Sellers or mountains others, agents or employees. Ice case any suit or other proceedings shall he brought against are Purchusls, car as oRcers, agents or employees at any rime on amount or by rmwu of any act, action, veglal, omission Or default of are Sella of any of has conrmaors or any of as or their officers, ,am or employees as aforesaid, the Sella hereby agrees to assume We defense member and at defend the same at me Sellers own expense, to pay any and all cats, charges,.aameys fees and other expenses, any and all judgments that may be inatred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against me palpably of the Purchaser, or said parties in or as a result of smh suits or other proceedings, the Seller will al oao ones, We same to be dlswlval and dischargal by giving bond or otherwise. The Seller and his contractors shall take all safety precaution, famish and'ustall all guards immensity for the prevention of acidem, comply with all laws and regrlutmn with regard in safety including, but without harmonic, to Occupational Safety and Hedtt Am of 1970 and all cols and regulmiom issued pursuant throme. Revisal O Oral