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HomeMy WebLinkAbout126337 HARRAS CUSTOM PRODUCTS INC - PURCHASE ORDER - 3215367Fort Collins Date: 0112012015 PURCHASE ORDER Vendor: 126337 HARRAS CUSTOM PRODUCTS INC 6721 N COUNTY ROAD 15 FORT COLLINS CO 80524-8718 Delivery Date: 01/20/2015 Note: PO Number Page 3215367 7of2 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 Line Description Quantity UOM Unit Price Extended Ordered Price Equipment Repair 1 LOT LS 5,000.00 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:purchasing@fogov.00m 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 1. COMMERCIALDET'AILS. Tax exemptions. By statute the City of Fort Collins is exempt from sure and local mxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificau of Registry 84-6000587 is registered with the Collector of Interval Revenue, Denver, Colorado (Ref. Colours Revised Statutes 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped ar due to defects of damage in transit, may be rammed so you for credit and arc nor to he replaced except upon receipt of written inauctions fmm the Ciry of Fon Collin. hopecnoa GOODS are subject to the City of Fan Collins inspection on arrival. Ford Acceptance. Receipt of the merchandise, services or equipment in reapowe to this order ma ..It in amhoved payment on the pan of the Ciry of Fell Collins. However it is to be understand fuel FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection provides. Freight Terms. Shipments most be EO.B., City of Pon Collins, 900 Wood St., Fog Collins, CO 80522, unless otherwise specified on this order. Uprnnission is Risen m prepay freight and charge separately, the original freight bill most accompany bivoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers gave distributing points in various Was of the country, shipment is expected fmm the crest distribution point to destination, ad excess fight will be doduncd from Invoice when shipments ate miler greater distance. Permits. Seller shall procure at sellers sole cost all nrcasary parniu, crnifimta and licenses racuimed by ell applicable laws, regulations, cordialness; and tales ofthe eta¢, municipality, trrrivery or political maintained where the work is performed, or required by any other duly emotional public aufonly having jurisdiction over she work of vendor. Seller brother agrees to hold fie City of Fors Collier harmless f and against all liability and loss incurred by them by yawn of an asserted or established violation of any such laws, regulation, on iwnces, rates and rtyuirements. Authorimlim. All parties so Nis commat agree thus the regreaenmtiva sec, in fact, bow fide and possess full and compine authority, to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits seccptnnce to the a. and condition muted herein tat fled and any supplementary or additional terra and condowns amexd hereto or incorporated berein by seference. Any additional or different as. and condames proposed by seller are objected in and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT Immedlamly Ryan dinner make complete shipment to arrive an your promised delivery date as noted. Time 6 office eswrce. Delivery ad Performance most be effected within the rime stated on the purchase order and the documents attached hereto. No does of the Purchasers including, without limitation, sweeptame influential late delivcda, shall operate w a waiver of Nis provision. In the, event ofany delay, the Purchaser shall have, in addition to safer legal and equitable remedies, she option of placing fits order elsewhere and bolding the Seller liable for damages. However, den Seller shall not be liable for damages n a result of delays due to causes not reamwbly foreseeable which cam beyond its s waonable consists and without its fault of negligence, such vets of God, acts ofeivil or military authorities, gmvnunmtal priorities, Bass, strikes, flood, epidemics, wars or hots provided dust notice of she conditions causing such delay u given to the Pumhwer within five (5) days of the time when she Sella fast received knowledge therm(. In to event of any such delay, the dam of delivery shall be extended for the peril equal to the since actually ran by reason offal, delay. 3. WARRANTY. The Seller wartzvts far all good, articles, mmeriala and work covered by this order will confomt with applicable drawings, spaifwtiow, samples and/or other description given, will be St for the purposes intended, and performed with she highest degree of care and competence in accordance wish accepted sadarde for work of a similar nature. The Seller agrees to hold she purchaser harmless fmm any loss, damage or expense which the Pumhwer may suffer or incur on account office Seller breach of wmmnrly. The Seller shall replace, rrg air or make good, without cost to the purchaser, any defaces or faults arising within one (I) year or within such longer prod of time as may be prescribed by Inca or by the temp of any applicable wanamy provided by the Seller after the data of acceptance of the good famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by fie Seller Acceptance or use of goods by she Purchaser shall not onstlum a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, she Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits or lost of use. NO IS! PLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4, CHANGES IN LEGAL TERMS. The Purchmer may make changes f legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Istachaver may make any changes to the terms, other than legal terms, including additions to a deletions from she quantities originally entered in the specification a drawings, by verbal o written change order. Itany sncb change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purhasor may at any time by written change order, terminate this agreement as to any or all portions or the goods then not shipped, subject m any equitable adjustment between the punies as to any work or materiels has in progress provided that the Purchaser shall nw be liable for any claims for anticipated profits on the uncompleted ponion of the goads and/or work, for incidental or contrabandist damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stack. No such lamination shall relieve she Purchaser or the Seller of any of their obligations w to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for sdjustmem must be asserted within thing (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Sella wamdnrs this all good sold hereunder shall have been praddred, sold, delivered and fomishd in strict compliance with all applicable laws and no,diumn to which the good am subject. The Seller shall execum and deliver such documents as may be racuird as effect or evidence compliance. All laws and regulation required to be rsomporamd in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and bold the Purchaser harmless from ell costs and damages suf and by she Purchner, n a rtsult of the Sellers failure to comply wish such law. 9. ASSIGNMENT. Neither party shall assign, number, or convey this order, or my monies due or to become due hereunder without the prim waium canna of she other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to she Purchaser for all equipment materials, aril items fumuhd to performmce of this sometimes, free and clear of any and all liens, ratrictiow. reservations, sanity interest mcumbmnca ad claims of offers. I L NON WAIVER. Failure of the Purchner to insist upon strict performance of the terms and conditions hereof, failure or delay to exercise any rights or centuries provided herein or by low, failure to promptly notify the Sella in the event of a breach, the accepterm of or payment for goods hereunder or approval ofthe design, shall not release she Seller of any of the warranties or obligations of this purchase order and shall not be darned a waiver of any right of the purchaser to insist upan strict performance hereof., any of its righB or remedies m to any such goads, regardless of when shipped, received or accepted, w to any prior or subsegaem default hereunder, nor shall any purpored am[ modification or rescission of this purchase order by the Puaham, operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recopiae far in actual cancers, practice, overchargresu es ltfroassistanting assistant violations are in fact home by be Purchaser. Theretofore, goad cause and w consideration for executing this purchase order, she Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under federal a sure aniiawr laws for such assemblies relating to fie particular goods or services purchased or acquired by the Ptuchxver pursuant to this purchase sandlot. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchwer direces she Seller to correct smmmnforming or defective goad by a dare to be agreed upon by she Purchaser and she Sella, and the Seller feremor indicates its inability or mwiubigoess so comply, fie Purchaser may mum the work to be performed by the most expedisious means available to is, and fie Seller shall Pay all costs wsocimd with such work. The Seller shall release the Purchaser and its contarmax of any tier fora all liability ad claims of any nature resalting films be performance of such work. This all. shall apply even in the rent of fault of negligence of the party released and shall .,.it to the directors, officers and employees of such Party. The Sarkis comrdomal obligations including warmnry, shall rat be deemed so be refced, in any way, bee. such work is performed or caused a be performed by fe purchaser. 14. PATENTS. Whenever she Seller is commands to taw any design, desire, material orprocess covered by lamer, Forms, bademark or c,O hr, the Seller shall indemnify and as harmless the Purchner fora any and all claims for infrin Cation, by reason of the use of such parmd design, device, material or process in romrrction with the contract, ad shall indemnify the purchaser for any and, expense or damage which it may be obliged an pay by sawn of such infdngemem at any rime during the pmo ermioa or after she completion of the work. In now said equipment, or any pan ham( or the iotedd tau of she good, is m such suit held to contimle infringement aM the use of said acuipmrem or pan is enjoind, be Seller shall, at its own expense and at its option, either person, for fe Faiths the right to combine Wing said rquipment in parts, eplare the same with substantially acres but naninMnging acuipmms, or modify it m it becomes hamstringing, 15. INSOLVENCY. If she Seller >hall become insolvent or barren t make on acsignmevt for to benefit of crefmrs, appoint is pareiver or trustee for my of she Sellers property or Incomes, this order may forthwith be canceled by fie Pwchaer wifoot liability. 16. GOVERNING LAW. The definition of tams well or she interpretation of she agreement and she rights offafal parties hereunder shall be onuued under ad governed by the laws of she State of Colorado, USA. The following Additional Condition apply only in cases where she Seller o to perform work heremda, including the services of Sellers Representative(s), on fie prcmoesof others. 17, SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until she same is fully completed and accepted, and shall, in case of any accident, desWction or injury to she work and/or materials before Sellers final completion aM acceptance, complete the work at Sellers own expense and to me satisfaction of the Franchiser. When amounts and equipment are fbmishd by others for installation or aeration by the Sella, floe Seller shall receive, unload, store and handle mine at the site and become responsible therefor w though such materials and/or ennipment were being famished by the Sella under the order. 18, INSURANCE. 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 comedian wish she work covered by this purchase order and/or to their dependents in accordance wish the taws of the sate in which Ne work is to be done. The Seller shall also cant' comprehensive general liability including, but not limited to, commie ual and automobile public liability in rnee wish bodily injury and death limits of at least 5300 000 for any a m person, S500,000 for any one accident and property damage limit per accident of M00,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance Before any of site Sella, or his contractors employees shall do any work upon she premises of others, she Seller shall Famish she Purchaser with a certificate that such compensation and insurance base been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees dust such mmpmmtion and insurance shall be maintained until after the entire work is completed and accepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby resumes fie entire responsibility and liability for any and all damage, lass or injury of any kind or nature whatsoever m persons or property mused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Sella will indemnify and hold harmless me Purchases and any or all of she Purchaser officers, agents and employees from and agains any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to person or property f which the Purchner may be put or subject by maon of my act anion, impletl, omission or default m the pm of the Sella, any of his contractors, or any of the Sellers or contractors ofican, agents or employees. In case, my suit or other procedings shall he brought against the Purchase, or its officers, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of fie Seller of any of his contractors or any of its or their officers, agents or employees n afaremid, the Sella hereby epees m resume fie &ft. sharing and to defend she smile at the Sellers own expense, N pay any ad all costs, charges, attorneys fees and other expenses, any and all judgments fat may W incurred by or obumd against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, add in case judgment or other lied be placed upon or obtained against she property of she Purchaser, or said paries in or as a result of such suits or other Proceedings, she Seller will et come muse the mute to be diasolved and discharged by giving bond of otherwise. The Sella and his contractors shall sake all as precauficn, famish and mall all guards necessary for she prevention of accidents, comply with all Bws and regulation wish regard to safety including, but without limitation, me Occupational Safety and Breach Act of 1970 and all calm and regulations issued pursuant therer0. Revised 07n014