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HomeMy WebLinkAbout203423 SANDVIK MINING & CONSTRUCTION - PURCHASE ORDER - 9150723PO PURCHASE ORDER 915072er Page City of PURCHASE 97 50723 ' of s `t r oltins This number must appear v ` on all invoices, packing sli s and labels. Date: 0113012015 Vendor: 203423 Ship To: OPERATIONS SERVICES SANDVIK MINING & CONSTRUCTION CITY OF FORT COLLINS 15020 INDUSTRIAL PARK RD 300 Laporte Avenue PO BOX 639 Building B BRISTOL VA 24203-0639 FORT COLLINS CO 80521 Delivery Date: 01/30/2015 Buyer: DOUG CLAPP Note: Line Description Quantity Ordered UOM Unit Price Extended Price i 3000 teeth for Roto Mill #3140 1 LOT LS 14,010.00 ref. invoice # 1076104 Total Pay terms net 30 days Invoice Address: 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 City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fogov.com PO Box 580 Fort Collins, CO 80522.0580 ,chase Order Terris and Conditions Page 2 Of 2 1. COMMERCIALDETAILS. Tax exemptions. By statute the City of Tom Collins exempt from state and local taxes. Our Exemption Number is ILNONWAIVER. 98f 502. Federal Excise Tax Exemption Certificate of Registry 84 NM587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the rams and conditions hassi failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (1 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 gaol harmndn or approval ofthe design, &ball cast release the Seller of Goods Rejected. GOODS REJECTED due to failure to meel specifications, either when shipped or due 0 defreas of my of the warranties or obligations of this purchase order and shall not Ix deemed a waiver of any right of the damage in o-aroo, may M rctumed to you for credit and are rot to be replaced except upon part of wrinm purchaser to insist upon shin performance hereof., any of its rights m remedies as 1. any such goods, regardless inshuctions from the City of Fan Collins. of when shipped, ueivM or tramp od. as to any prim an subsequent &faWt hereunder, oor shall any purported oral modification of rescission or this purchase order by the Purchasa operate az a waver of any of the terms Inspection. GOODS art subject to one, City of Fon Collins inspection on consul. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in tesponse as this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. am sward payment on the For of the City of Too Collins. However, it is as M understood thm FINAL Seller and the Purchaser recognize that in actual ec is —fit, cormorants resu lting ulting from antitut u. ACCEPTANCE is dependent upon completion. fall applicable required iaspecton pr«edms aft cretinous in fact home by the Pumhutt. Theretofore, faagood cause and as consideration far executing this purchase order, the Seller hereby aaigm to the Purchaser any and all claims it may now lave or formula Freight Tomes. Shipments muss ba F.O.B., City of Poo Collins, 700 Wood St, Fan Collins, CO 80522, unless acquired under federal in suite moment laws for such overcharges relating to to particular goods or services otherwise specified on this order. If permission is given 1. Factory freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase mom. bill must oommpany, invoice. Additional charges for looking will can M accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where unufamurect have disnibming points in various pans of the country, shipment as If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to IM agreed upon by Oa expected from the Pwrest distribution point to destination, and excess freight will M deducted (ram Invoice when Purchaser and the Seller, and the Seller thereafter indicates its notably or unwillingness to comply, the Purchaser shipments are made from grata or,... may cause the work o her performed by the ..at expeditious means available o it, and me Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cost all Precursory pennies, certificates and licenses required by all applicable laws, regulations, ordinances and roles of the state, municipality, tani rry or political subdivision when The Seller shall release the Purchaser and its contmemrs of any ,in from all liability and claims of any room the work is performed, or required by any other duly constituted public authority having jurisdiction over the work resulting from the performance ofsuch work. of vendor. Seller further agrees to hold the City of Poo Collins harmless from and against all liability and lass incurred by them by reason of an asserted or established violation of any such laws, regulations, oMinances, roles This release shall apply even in the event of fault of negligence of Be pony released and shall extend m the and requiremem, direcors, eMr. end arpl.yees of such pang. Aul amimtion. All ponies to this contract agree that the reprom inives are, in fact, From fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terns and conditions stated herein set forth and any supplementary or additional temss and conditions annexed hereto or incorporated herein by reference. Any additional or different ems 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 arrive on your premised delivery, dote as noted. Time is of the essence. Delivery and performance mast be effected within the time stated on the purchase order and the dommears attached hereto. No acts of the Purchasers including, without Imitation, acceptance filsomid late &liveries, 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 ofplacing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not M liable for damages as a result of delays due to causes not reasonably foreeemble which arc beyond its reasonable control and without its fault of negligence, such tors of God, acts ofcivil or military authorities, government) priorities, fires, strikes, Bond, epidemics, wars an riots provided that .mire of der coMine. causing such delay is given to the Purchaser within five (5) days of the time whom the Seller Gm received knowledge themf. In the es'ea, of any such delay, the dam of &livery shall b< extended for Be pereW equal a the time correctly lost by mson of the delay. 3. WARRANTY. The Sella warrants Oat all goods. articles, uarials and work coveml by this earn will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for she puryma intended, and Performed with the highest degree of care and competence in oocosdance with areafted standards for work of a unilm nature. The Sella agrees to hold the purchase harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wamvry. The Sells shall replace, repair or make good, without case to the purchaser, any &fees or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the term ofeny, applicable co miry provided by the Seller after the date of comprome of the goods fumishW hereunder (acceptance not m b, mumamably delayed), resulting firm imperfect or defective work done or materials handstand by the Sella Acceptance or use of goods by the Purchaser shall not transform, a waive, of., claim under this wamnly. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the Much of any of the foregoing womnties or guarantees, but such liability shall in no event include loss o'proNs or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may ..its changes to legal tents& by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Pumk se may make any changes a the terms, other than legal terns, including additions to or deletions from ,he quantities originally ooernl in the apecifcations or drawings, by verbal or written change order. If any such change all'ects the amoum due or It's time orperf rromice hereunder, an equitable adjustment shall be made 6. TERMINATIONS, The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equttable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods andmr work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any, goads which are the Sellers smndand clock. No such mmimation shall relieve the Purchaser or Ibe Seller of., of their, obligations as to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must M mssmed within thirty (30) days from the &re the change or lamination is coined. 8. COMPLIANCE WITH LAW. The Seller warants Oat all goods sold hereunder shall have been produced, sold, delivered and fumuhW in strut compliance with all applicable laws and regulations to which the good are subject The Sella shall execute and deliver such documents as may M required to effect or evidence confliction. All laws and regulations required to tar Incorporated in agramenr of this character sre hereby incorporated herein by this reference. The Sella agrees to indicant and hold the Purchaser hmmless from WI costs and damages suliaM by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, urtsfer, m convey this doer. re my monies due or to became due herunder without the prior wrinen consent afthc other party. 10. TITLE. The Seller warrants full, clear and unutricto title to the Purchaser for all aluipmrnt, materials, and items f fished in performance of this agrteneer. free and clear of any and WI here, restrictions, reservations, security Interest encumbrance, and claims of others. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is perfbmmd or caused to be perforated by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by last, patent, trademark mr copyright, the Seller shall indenmify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which o may M 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 thereof or the intended use of the goads, is in such suit held to rovstimre infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its mome, either prmure for the Purchaser the right to continue using said equipment or part, replace the same with substantially equal but noninfnging equipment, or modify it u it becomes noninfnging. 15, INSOLVENCY. If the Sella shall become insolvent m bankrupt, make an assignment fro the benefit of creditors, appoint a receiver or Wstee for any of the Sellers pmperry or business, this coder may RoMwiN M canceled by the purchaser without liability. 16. GOVERNING LAW. The defrniliom of lamas trM or the inteRmtation ofthe agnomen, and the rghei of Wl proms bearander shall ba construed under and governed by the laws of Ore State ofC.lom&, USA. The following Additional Conditions apply only o areas where the Seller is to perfome work Morondtt, including the smices of Sellm Repre&.mice(&), on the premises ofarhers. 19. SELLERS RESPONSIBILITY. The Seller shall carry an said work to Sellers awn risk until the same is fully completed and accepted, and shall, a. u of any accident, destruction m injury to the work andrm materials wheat Sellers final compleion and acceptance, complem the work at Sellers own expense anal to the satisfaction of the Purchaser. When uterials and equipment are fumisho by othrrs for installation or creation by Ne Sella the Sella shall receive, unload, store and handle same at the site and become mponsible therefor as though such udterials amvm equipment were being finished by the Seller under the order. 18. INSURANCE, The Seller shall, m his own expense, provide for the payment of workers compensation, including mcupmi... I disease benefits, to its employees employed on or in connection with the work covered by this purchase nuclear anchor to their dependents in accordance with the laws of the state in which the work is to be done. The Sella shall also carry comprehensive grand liability including. but not limited to, contractual and automobile public liabil try insurance with bodily injury and death limits of at least 5300,00t0 for any one person, S500,000U for any one accident and property damage limit per accident of 5400,000. The Seller shall likewise mice his contractors, irony, to provide for such compensation and insurance. Before any of the Sellers or his contractors emplaycoe shall do any work upon the premises of olhers, the Seller shall fourth the Purchaser with a certificate chit such compensation and insurance have ban provided. Such certificates shall specify the &to when such omparation and insurance have been provided. Such ceni0cares shall speify the tloe when such compensation and insurance expires. The Seller agrees that such compensation and insurance shut] M maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire rcsponsibiliry and liability for any and all &merge, lose or injury of any kind r nature whowerver to Factors or property mood by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will mdemrtify and hold harmless the Purchase, aM my r all of the Purchasers officers, agents and employees from and against any and all claims, loses, damages, charges or expenses, whether direct or indirect, cod whether to persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his contractors, or coy of the Sellers or contractors oRcers, agents at employees. In case any suit or other proceedings shall M brought against the Purchaser, an its officers, agents or employees at coy doe an account or by reawn of any act, action, rrglat, omission or default of the Sella of coy of his contractors or any of its or their officers, agents or employees as of said, the Seller hereby agrees as assume Ore defense thereof and to defend the ume at the Sellers own expema, to Pay any and.11 ors, charges, m meys fees end ocher expenses, my and all judgments that may be incurred by or abuined suggest the Purchases or my of its or tick officers, agents or employers in such suits or other proceedings, and in eau judgment or other lim be placed upon or obtained against the pmprny of the Pumbasa or said ponies in or as a month of such suit of other .a.,, the Sells will at once cause the same to be dissoR W and discharged by giving bond m othearser. The Seller and his consumers shall take all safety precautions, f ish and iuuill all guard mersary far the prevention of accidents, comply with all laws and regulations with regard to safety, including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued porsuant therero. Revised OM014