HomeMy WebLinkAbout102606 4 RIVERS EQUIPMENT LLC - PURCHASE ORDER - 9150660Fort Collins
PURCHASE ORDER
Date: 01/29/2015
Vendor: 102606
4 RIVERS EQUIPMENT LLC
1100 E CHEYENNE RD
COLORADO SPRINGS CO 80905
PO Number Page
9150660 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: OPERATIONS SERVICES
CITY OF FORT COLLINS
300 Laporte Avenue
Building B
FORT COLLINS CO 80521
Delivery Date: 01/28/2015 Buyer: DOUG CLAPP
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
i #37703 refill rear axle
Inv#1373915
repair ride control, transfer pump
and misc repairs.
Contact: Greg R.
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
5,378.56
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. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fan Collins is exempt from state and local taxes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of
Internal Revenue, Davis, Colorado (Ref. Colorado Revised Smmtes 1973, Chapter 39 26. 114 (a).
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
damage in nansit, may be rammed to you for credit and are not to be replaced except upon mccipt of written
instructions from the City of For Collins.
Inspection. GOODS are subject to the City of Fort Collins inspection on arrival.
Final Acceptance. Receipt of the merchandise, samees
or equipment in response to this under eon result in
authoriud payment on the pan of the City of To" Collins. However, it is to Joe understand Nat FINAL
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
Freight Tema. Shipments must be F.O.R.. City of Fort Collins, 700 Woad St., Fort Collins, CO 80522, unless
otherwise speified on Nis We, If permission is given to prepay freight and charge separately, the mgimil freight
bill most accompany invoice. Additional charges for packing will von be accepted.
Shipment Distance. Where ..fear. have distributing points in vadons as of the country, shipment is
expected fmm be ridered distribution point to destination, and excess freight will be deducted from Invoice when
shipments are made fmm greater distance.
Pemnits. Seller shall procure at sellers sole cost all na., Rrnnia, artificatd and lianas required by ell
applicable laws, regulations, ordinances and roles of the stare, municipality, memory or political subdivision where
the work is performed, or required by any other duly contributed public authority havingjurisdinion over be work
of vado, Sella harder agrees ra hold ire City of Fort Collins harmless floor and against all liability end loss
ncmnd by from by reason of. asserted or established violation of any such laws, regulations, ondiwnca, tales
and mluirrnrems.
Authonastion. All ponies no this contract agree that the mpramormires ore, in fact, sou fide and possess full sad
complete authority to bind said panic.
LIMITATION OF TERMS. This Purchau Older eapramly limits acceptance to the ratans and conditions stated
herein set ford and any mpplemrntary or additional temas and conditions annexed hereto or incorporated herein by
reference. Any additional or different terms and emblem proposed by slid arc objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT forma mly if you cannot make complete shipment to arrive on your
promised delivery dam as noted. Time e, of the ... Delivery and peif... must be eRdted within the time
stated on be pumhase order and the documents attached hereto. No sea of the Purchasers including, without
Radiation, acceptance of partial lam deliveries, shall apemen as a waiver of this pmvisirn. In the event of., delay,
be Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this older duwhcal
and holding ire Sella liable for damages. However, the Seller shall not he liable for damages as a result of delays
due to causes not raasowbly foreseeable which are beyond its reasonable central and without is fault of negligence,
such acts affod, acts ofcivil or military authorities, governmental promises, finis, strikes, 0oed, epidemics, wars or
riots provided that notice of the conditions causing such dolly is given to the Purchaser within five (5) days of be
time when be Sella first received knowledge herof. In be event of any such delay, the time of delivery shall be
extended for the period appal m be time normally loss by reason ofdte delay.
3. WARRANTY.
The Seller warrants that all good, asides, materials and wok covered by this older will conform with applicable
drawings, specifications, samples an&o, ether descndiom given, will be lit for the purposes intended, and
performed with be highest degree of care and competence in accordance with accepted standard for work of a
similar wane. The Sella agrees to hold the purchaser harmless fmm any lass, damage or aspic which the
Purchased stay suffer or incur on account of the Sellers breach of warrmrty. The Seller shall replace, repair or make
good, without cost in be purchaser, any defects or faults arising within one (1) year or within such longer period of
time as may be prescribed by law or by the arms of my applicable warranty provided by the Sella after the date of
acceptance of the good famished hereunder (acceptance 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
comtibum a waiver of any claim under this warranty. Except as otherwise provided in His purchase order, she Sellers
liability hereunder shml extend to all damages proximately caused by the breach of any of the foregoing valorous
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.
4. CHANGES IN LEGAL TERMS.
The purchaser may make changes to legal terms by written change older.
5. CHANGES IN COMMERCIAL TERMS.
Thu Purchaser
coan terns,m y make mry changes to the terms, other than legal including additions to or deletions fro
the quantitiesoriginally ordered in the specifcanom or dmwings, by verbal or wrinen change order. H any such
change aftedi the amount due or the time ofperformanam hereunder, an equitable adjustment shall he mMe.
6. 1 ERMINATIONS.
The Purchaser may at any time by wrinen change older, terminate this agreement as or airy or all portions of lbc
good then an, shipped, subject to my equitable adjustment between the panties m to any work ar materiels than in
progress provided that the Purchaser shall not be liable for any claims for anticipated profiu on the uncompleted
portion of the good and/or work, for incidental or consequential 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
the Pooh od or the Sella, of any ofiber, obligations as to any .it, delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment mast be uacrted within thirty (30) days fmm the date the change or lamination is
nodded,
8. COMPLIANCE WITH LAW.
The Seller wamnts that all good sold hereunder shall have ban produced, sold, delivered and f mished in strict
compliance with sll applicable laws and regulations to which the goods am subject. The Seller hall execute end
deliver such documents as ray be required to effect or evidence compliance. All laws and capabilities required to be
n axpamted in agreements of this character the hereby incoryommd herein by this reference. The Seller agrees to
indemldy end hold be Pmrchaser harmless from all costs and damages suffered by the Puritans, as a ma ll of ire
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither parry shall assign, transfer, or convey this under, or any monies due or to become due hereunder without the
prior written eoment of the other parry.
10. TITLE.
The Seller wattmts full, clear and uncesoicmd title to the Purebaur for all equipment. marmots, and in. famished
in performance of this agreement free and clear of any and all lidos, restrictions, Reservations, security interest
atcumbrarrces and claims ofothcrs.
11. NONWAIVER.
Failure of the Purchaser to insist upon older performance of the terns and conditions hereof, failure or delay to
any rights or remedies provided herein or by law, failure to promptly notify the Seller is the event of a
breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Sella 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 span strict performance hereof or any of its rights or remedies u to any such goods, most
of what shipped, received or accepter, or to any prior or subuqumt default hereunder, nor shall any purported
oral modification or recession of this purchase order by be Purchaser operate as a waiver of any of the terms
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Footnote, recognise Nat in actual cois practice, cadeboges resulting form antional
viohtiotu are in fact some by the Purchand. TheremforenFomgood ouu and as consideration for executing Nis
purcbes, order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereof d
acquired under federal or site antitrust 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.
Ifire Purchaser directs the Seller m ..or nonconforming or defective good by a date m be agreed opera by Ne
Purchaser and the Seller, and the Sella thereafter indicates its inability or unwillingness is amply, be Purchaser
may cause the work to be performed by the most expeditious means available to it, and be Seller shall pay all
drox acaocimed with such work.
The Seller shall release be Purebccr and its contractors of my net from all liability and claims of any manre
resulting floor the performance of such work.
This release shall apply even in the event of fault of negligence of be party released and shall extend to the
directions, officers and employees ofsuch parry.
The Sellers contractual obligation, including warranty, shall not be tamed in be reduced, in any way, because
such work is pert ed or ousts to be performed by the Purehazd.
14. PATENTS.
Whenever the Sella is required to use any design, device, material or process covered by lend, patent, trademark
or copyright, the Sella shall indemnify and save hvmiess be Purchaser Ram any and all claims for infringement
by reason of be uu of such patented design, device, minimal or process in connector with the coated, and
shall indemnify the purchaser far any cosL expense to damage which it may W obligN to pay by reason of such
underground at any time during the provocation or after the completion of the work. In case said ryuipmear, or
any pan thereof or the intended use of the good, u in such suit held ro aentimle imingemrnt and Ne use of
said equipment or For is joined, den Seller shall, at its awn expeme and at its option, either prouure for the
Purchma the eight to continue using said ausipment or pans, replace the same wind substantially exual but
noninfiinging equipmcm, or muddy it as, it becomes nonioGnging.
15. INSOLVENCY.
If the Seller shall become insolvent or banlaupl, make rn assignment for the benefit of creditors, appoint a
or bnstee for any of the Sellers property ad business, Nis order may foMwidt be canceled by the
Purchaur without liability.
16, GOVF.RNB4G LAW.
The definitions of terms used or be interpretation offer agreement and the rights of all parties hereunder shall be
...ad under and governed by the laws ofthe State of Colorado, USA.
The following Additional Conditions apply only in cases whole the Seller 6 to pert work Formula,
including the services of Sellers Reprommunive(s), on be premises admirers.
17. SELLERS RESPONSIBILITY,
The Sella shall deny on said wok at Sellers own risk ortil the same is fully completed and accepted, and shall,
in u of any accident, destruction or injury, to the work and/m materials before Settees final completion and
acceptance, complete the work at Sellers awn expense and to be satisfaction of be Purchaser. When materials
and equipment an furnished by others for installation or =Men by the Sella, the Seller shall receive, unload,
store and handle same at the site and become responsible therefor as though such materials tribal equipment
were being famished by the Seller under the order.
18. INSURANCE.
The Seller shall, at his own examine, provide for be payment of workers compensation, including occupational
disease benefits, to its employees employed on on in connection with the work covered by this purchase order,
and/or to their 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 to, contractual and automobile public
liability insurance with bodily injury end death her ls of in least $300,000 for any one person, $500,000 for any
one accident and property damage limit per accident of S400,000 The Seller shall likewise require his
contractors, if ony, to provide for such compensation and insurance. Before any of the Sellers or his commcmes
employees shall do any work upon the premises of others, the Sella shall famish the Purchaser with a certificate
that such compasation and insurance have 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 insumnav expires, The Seller agrees that such compensation and imurance shall be maintained until after the
emote work is completed and accepted.
19, PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any and all damage, loss car injury ofany kind
or nature whosoever to persons or property caused by or resulting fmm be execution offs, wad provided for in
this purchase older or in connection herewith. The Sella will indeoniy and hold harmless be Purchaser and any
r all of the Purchasers officers, agents and employees fmm and against any and all claims, losses, damages,
charges or expenses, whether direct or inhood, and whether m persons or property to which the Purchaser may
be put or subject by moon of any act, action, neglect omission or default on be part of be Selleq any of his
contractors, or any of be Sellers or conmetars officers, agents or employees. In eau any suit err other
proceedings shall be bought against the Purchased, or its officers, agents or employees at any time on account or
by reason of any act, action, net omission or default of be Seller of any of his rovimeton or any of its or
their officers, agents or employees as aforesaid, be Seiler hereby agrees to assume be defame thereof and m
defend the same at the Solari own expense, to pay any and all costs, clafges, attorneys fees and other expenses,
any, and all judgmanu that may be incurred by or obtained against be Purchaser or any of its re then oRcers,
agents or employees N such suits or other procedmgs, and in case judgment or other lien be placed upon or
obtained against be property of the Purchaser, or said parties in car as a result ofsuch sells an other proceedings,
the Seiler will at once cauu the same to be dissolved and dowhargod by giving bond or otherwise. The Sella and
has contractors shall take all safety proa dions, furnish and im ill all guard annually for be prevention of
accidents, comply with all laws and regulations with regard to safety including, but without limiation, the
Onompatioral Safety and Health Act of 1970 and all tales and regulations issued pursuant thereto
Revised 07=4