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HomeMy WebLinkAbout129729 EXODUS MOVING & STORAGE INC - PURCHASE ORDER - 9150738of Fort Collins Date: 02/02/2015 PURCHASE ORDER Vendor: 129729 EXODUS MOVING & STORAGE INC 1730 E PROSPECT RD SUITE 102 FORT COLLINS CO 80525 PO Number Page 9150738 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 02/02/2015 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price Removal and Storage of 1 LOT LS 35,000.00 Refrigerator and Freezer Units 8013 Residential Refrigerator Recycling 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 III 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 Too Collins is exempt from sate and local axes. Our Exemption Number is 98Act Federal Excise Tax Exemption Centre. of Registry 84-6001D8J is re datetN with the Collector of Internal Revenue, Derver. Colorado (Ref. Colorado Revised Smtutes 1973, Chapter 39-26, 114 (a). Goads Rejected. GOODS REJECTED due to failure to men specifications, either what shipped or due to defects of damage in transit, may he mourned to you for credit and arc col m be mdcal except upon receipt of written insuuctions from the City of Fed Collins. Inspection. GOODS arc subject to the City of Pan Collins impation an arrisaL Final Acceptance. Receipt of the merchandise, saveas or equipment in response to this order cat result in enhanced payment an the pan of the City of Tom Collins. However, it is To be undersmod the, FINAL ACCEPTANCE is dependent upon completion of all applicable slurred inspection pmcedirms. Freight Tertm. Shipments most be F.O.B., City of Fiat Collins, 700 Woad Sr, Fan Collim, CO 80522, unless otherwise specified an this offer. If permission is gimp to prepay freight and charge separately, the anginal freight bill most accompany invoice. Additional charges for Puking will trod he accepted. Shipmrnt Distance. Where manufacturers have distributing Points in varman pans of the mned,. shipment is expected from the nearest distribution prim m destruction, end excess freight will he deducted from Invoice when shipments are made from greater distance. 11. NONWAIVER. Failure of m, Purchaser to insist upon strict performance of she terms and enormous hereof, failure or delay m exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the occurrence ofo, payment for goals hereunder or oratorical of me design, shall not release me Seller of my of the warranties Or obligations of this purchase order and shall nor he deemed a waiver of any right of the pumbcer to insist upon strict performance hereofor any of its rights or remedies as to any such good, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any puoponed oral modification or rescission of this purchase offer by the Pumhaxa operm, as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Sella and the Purchaser recognise Nat in actual m nsardw practice, o m,l argu resulting from runtrost violations are in fact boron by the Purchaser. Thcmof , for good muse and in consideration for executing this Purchase offa, the Seller hereby assigns to the Purchaser any and all claims it may now have or h framer acquired under fdeml or slate antitrust laws for such overcharges arguing m the ruminator goods or servicft purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. I Olm Purchaser directs the Seller in coned nonconforming or defective goods by a date an be agreed upon by the Pumhaser and the Sella, and the Seller thereafter indicates its inability or unwillingness to comply, the Pumhoser may cause the work to be Performed by the most expeditions maim available to it, and the Seller shall pay all emu associated with such work. Permits. Seller shall procure at sellers sole cosh all rosemary permits, cearifiestes and licenses required by all applicable laws, regulations, ordinance and rules of the slime, municipality, terhory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over me work of vendar. Seller further agrees to hold the City of Fun Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, endurances, roles and re,mo mans. The Seller shall release the Purchaser and Its exmmmors of any her tram all liability and claims of any nature resulting from the performance afsuch work. This release shall apply even in the -car of fuel, of negligence of the party released and shall extend to the directors, eHcas and employees ofmch patty. Aul ron,ation. All panics to this contract agree the the m,newnmdves are, in fact, bona fide and possess full and The Seller's contmclual obligation, including warranty, shall not be dcemed to be reduced, in any way, because complete authority to bind said panics, such work is peri msed err alined to be performed by, he Purchases. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional taro, and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller see objected,a and hereby rejeted. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery date as noted. lime is ofthe essence. Delivery and performance meet be effected within the time stared on the purchase order and the documents attached heron. No acts of the purchasers including, without limitation, acceptance of pmtial late deliveries, shall operate os a waiver of this provision. In the runt ofmy delay, the Purehma shall have, in addition to other legal and equitable remedies, the option of placing this offer elsewhere mad holding me Seller liable far damagrs. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foramable which are beyond in factoable central and without its fault ofwgligence, such cur ofGad, ace ofcivil or military authorities, govemmenml priorities, forms, strikes, Rood, epidemics, wars or nets provided that notice of the conditions musing such delay is given to me Pmchuer within five (5) days of the time when the Sella find racivsd knowledge thereof. In the event of any such delay, due date of delivery shall be extended for the period equal to the time actually ]act by reason ofthe delay. 3. WARRANTY. The Seller wartanrs the all goods, articles, malcnabs and work covered by this order rill coat wins applicable drawings. specifications, samples and/or other deacriplions given, will be fit for the purWses intended, and performed with the highest degree of core and commence in accordance with accepted standard for week of a similar natutr. The Sella agrees m hold the purchaser hemdess from any loss, damage or expense which me Purchaser may arthritic incur on recomin of the Sell. bench of.1y. The Seller shall mplace, repair or make good, without cost to the purchaser, my defects or ( Its arising within one (1) year or within such longer pedal of time as may be prescribed by law or by the team army applicable warranty provided by the Seller after the date of acceptance of the goods famished fiemumder (acceptance not to b, unreasonably delayed), reaching from imperfect or defective work done or materials remained by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing wumnlies or guarantors, but such liability shall in no event include lass of profiu or Inds 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 amum change offer. 5. CHANGES IN COMM F.RCIAL TERMS. Th, Pumbasr may make any cLaagas to om trims, other, than legal terms, including addMons to err deletions from the quantities originally catered in the specifications or drawings, by verbal or written change code, If any such change aODds the anmnm tine or the time of palornance hereunder, an equitable adjustment shall be mad,. 6. TERMINATIONS. The Purchaser may at any lime by written change order, terminate this agreement as to any or all portions of the gaud then not shipped, subject to any equitable adjustment between the parties in to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profn on the uncompleted portion of the goods an llor work, for incidental or -nonmaterial damages, and that m such adjustment be made in favor of the Sella with respect o any good which arc the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment mutt he sssrrted within thin, (30) days from the dam the change or termination is ordered S. COMPLIANCE WITH LAW. The Seller warrants that all good sold her moiler shall have been produced sold delivered old famished in stare compliance with all applicable laws and regulations to which the goods are subject. The Seller shall estate and deliver such documents as may b, requited to effect or evidence compliance. All lewa and regulations natural to he incorporated in agarancnts of Nis character are hereby inmintended herein by the reference. The Sella agrees to iadenmify and held the Purchase hembs from all casts and dame,. su mad by the purchases as a fault of gun Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, Or convey this order, or any monies due or to become due hereunder without the poor written came. argue other party. 10. TITLE. The Sella whoa full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of any cad all liens, resractions, reservario n, security imerml encumbrances and claims of others. 14. PATENTS. Whenever the Seller is required to use any design, device material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harnl.s the Purchaser from any and all claims far 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 it may be obliged to pay by reason of such inGa,mord at any time during the persecution or up,, the mmpleioo of me work. In eau said equipment, or any pan thereof or the intended use of the good, is in such suit held to constitute inGngement and the use of said equipment or Wn is attained, the Seller shall, at its own expense and A its option, either procure far the Purchaser the right to continue caning said equipment or pars, replace the same with substantially equal but watching, equipment, or modify it in it fecom. noninfringing. 15. INSOLVENCY. If me Seller shall become insolvent or bankrupt, make an anigtoner, for the benefit of creditors, appoint a receiver or nusum for any of me Sellers property or bosiness, this order may forthwith he cmttled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftenns used or the interparmtion ofthe agreement and the rights ofall panic hearamea shall be camtmed urbcr and grin m it by the laws of the Sum of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to Ocrfarem work Instrument, including the services of Sellers Representativo(s), on the premises ofomers. 10. SELLERS RESPONSIBILITY. The Sella shall wry on mid work at Sellcrs own risk until fire some is fully cnmpined and accepted, and shall, in cone of any accident, destruction or injury to me work mNor mostanB before Settees final completion and acceptance, complete the work in Settees own expense and to the satisfaction of the Purchaser. When materials and equipment we famished by others for installation or erection by the Sella, the Seller shall receive, unlmd, store and handle mine at the site and become mamansible member as though such materials endear reciprocal 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 connection with me 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 Sella &hall also cant' comprehensive general liability Including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least $300,000 for any one person, $500,000 for any vaccident and Property damage limit per accident of S400,000. The Seller shall likewise require his ntmemrs, if any, to provide for such compensation and insurance. Before any of me Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall furnish the Purchma with a wrtificam that such compensation and insurance have been provided. Such cenificala shall specify the data when such compensation and insurance have been provided Such certificates shall specify the date when such compensation and insurance expires. The Shcer agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the anhe responsibility and liabil iry for any and all damage, dos or injury of my kind or nature whatsoever to persons or properly caused by or resulting from the execution ardor work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and my r all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property m which the Pachaser may be put or subject by mason of any act, action, neglect, omission or default on the on of the Sella, any of his confusion. or any of the Sellers or contractors oRicers, agents or employees. In eau any suit or Omer proceedings shall he brought against the Purchaser, or in officers, agents or employees at any rime on cmuat or by reason of any act, action, militia, omission Or default of me Seller of ivy of his contractors or my of as or their officers, agents or employees as a( via the Seller hereby agrees to exact the defense thereof and to defend the same of the Sellers Own expense, to pay any and all -sts, charges, attorneys f and officer cnprnxs, my and all judgmrnu that may he incurred by or obtained against the Purchaser or my of its a these officers, agents or employees in such suits or other proceedings, and in was judgment or other dim be placed upon or abnormal against the property of the Purchase, or mid parties in or as a result ofte ch suits or Omer proceedings, the Sella will in once muse the come to be dissolved and discharged by giving bond or otherwise. The Seller and his conhaaors shall take all safety Encomium fihmW and imall all guard necessary for due pmxntion of accidents, comply wit all laws and regulations with regard to safety including, bur without limitation, the Campatioml Safety eW Health Act of 1970 and all rules and regulations issued pursune, memo. Revised 07R014