HomeMy WebLinkAboutCORRESPONDENCE - PURCHASE ORDER - 9201023 (2)Invoice #: 54386 A
Job #: 54386
Sold To: Ship To:
1
INVOICE IS FOR MATERIAL ONLY.
INVOICE DOES NOT INCLUDE ANY FREIGHT.
INVOICE DOES NOT INCLUDE TAX.
CUSTOMER IS RESPONSIBLE FOR DIRECT PAYMENT OF ALL TAXES.
PLEASE FORWARD ANY TAXES DUE TO PROPER AUTHORITY.
218 CORPORATE DRIVE ELIZABETHTOWN, KY 42701
PHONE: (270) 763-6649 FAX: (270) 763-6653 WWW.RBTSI.COM
TERMS:
Down Payment Invoice
City of Fort Collins
0
0
0
Fort Collins, CO
P.O. NUMBER: INVOICE DATE:
0
0
QUANTITY DESCRIPTION PRICE
9201023 Due Upon Receipt 7/9/2020
Model 4255 Belt Conveyor $167,005.00
TOTAL DUE: $50,101.50
RBT Serial # 072054386‐826
Print Date: 7/10/2020
Rev Date: 5/1/2013
11. If the Order Acknowledgment confirms a lease or rental of equipment, RBT MAKES NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, AND RBT HEREBY DISCLAIMS ALL IMPLIED WARRANTIES OF ANY
KIND WHATSOEVER INCLUDING ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY OR MERCHANTABILITY AND COMPLIANCE WITH THE REQUIREMENTS OF ANY LAW,
REGULATION, SPECIFICATION, OR CONTRACTS WHICH PROVIDE FOR SPECIFIC MACHINES, APPARATUS OR METHOD. LESSEE HEREBY ACKNOWLEDGES THAT THE EQUIPMENT IS RENTED ON AN “AS IS – WHERE
IS” BASIS. RBT SHALL NOT BE LIABLE TO LESSEE FOR NEGLIGENCE, STRICT LIABILITY, OR FOR ANY DAMAGE, ACT, ERROR OR OMISSION OF ANY KIND, WHETHER CAUSED BY RBT’S MANUFACTURE OF THE
EQUIPMENT, RBT’S USE OF THE EQUIPMENT OR OTHERWISE. RBT SHALL NOT BE LIABLE TO LESSEE FOR PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER,
INCLUDING WITHOUT LIMITATION ANY SUCH DAMAGES FOR LOST PROFITS OR FAILURE TO DELIVER THE EQUIPMENT BY ANY DELIVERY DATE OR FOR WORK DELAYS CAUSED BY THE NEED TO REPAIR OR
MAINTAIN THE EQUIPMENT. RBT SHALL NOT BE LIABLE TO LESSEE FOR ANY DAMAGES WHATSOEVER SUFFERED BY A THIRD PARTY.
5. For the purpose of reviewing warranty claim validity, RBT or its representatives will, at RBT’s sole discretion, have the right to (a) physically inspect the alleged defective Equipment;
and (b) review all information
possessed by Buyer relative to the actual application and/or use of the Equipment, including maintenance logs, which Buyer covenants to provide to RBT upon request.
6. In addition to the disclaimers of warranty and limitations set out herein, this warranty will be void upon the occurrence of any of the following events: (a) alteration, modification
or
repairs were performed on any RBT product or equipment without prior written approval of RBT; and (b) any product that has been subject to negligence, vandalism, excessive or abnormal
use,
misuse or accident, improper storage, improper installation or application, or which has not been operated or maintained in accordance with normal practice, including any failure to
follow
inspection, maintenance and replacement procedures provided with the Equipment.
7. THE FOREGOING WARRANTY IS EXCLUSIVE AND, EXCEPT AS TO THE TITLE, RBT MAKES NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, AND RBT HEREBY DISCLAIMS ALL IMPLIED WARRANTIES OF
ANY KIND WHATSOEVER INCLUDING ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY OR MERCHANTABILITY AND COMPLIANCE WITH THE REQUIREMENTS OF ANY
SPECIFICATION, OR CONTRACTS WHICH PROVIDE FOR SPECIFIC MACHINES, APPARATUS OR METHOD.
8. RBT SHALL NOT BE LIABLE FOR NEGLIGENCE, STRICT LIABILITY OR FOR ANY DAMAGE, ANY ACT, ERROR OR OMISSION OF ANY KIND, WHETHER THROUGH NEGLIGENCE OR STRICT LIABILITY. RBT SHALL
NOT BE LIABLE FOR ANY SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS OR DAMAGES TO OTHER EQUIPMENT, GOODS OR PRODUCTS
RESULTING FROM THE USE OR MISUSE OF AN RBT PRODUCT OR RBT EQUIPMENT, FOR WORK DELAYS CAUSED BY THE NEED TO REPAIR OR MAINTAIN THE EQUIPMENT OR FOR RBT’S FAILURE TO DELIVER THE
EQUIPMENT WHEN SPECIFIED. RBT SHALL NOT BE LIABLE TO BUYER FOR ANY DAMAGES WHATSOEVER SUFFERED BY A THIRD PARTY, EXCEPT AS CAUSED BY RBT’S GROSS NEGLIGENCE OR WILLFUL
MISCONDUCT.
9. This Warranty and Limitations, RBT’s Order Acknowledgement and any RBT Rental Agreement between RBT and Buyer related to the Equipment, if applicable, constitute the entire agreement
between the
parties regarding the subject matter hereof (“Agreement”) and supersedes any prior or contemporaneous, oral or written, understandings, agreements, representations and statements by
or between the parties.
RBT expressly rejects all additional terms or conditions and modifications proposed or offered by Buyer, including without limitation any sought to be incorporated herewith by Buyer.
This Agreement may be amended
or any provisions hereof waived only by a writing signed by an executive officer of RBT and Buyer, and no other amendments, waivers or modification shall be binding upon RBT.
10. This Agreement shall be governed and construed under the laws of the Commonwealth of Kentucky without regard to the choice of law rules of such Commonwealth.
WARRANTY AND LIMITATIONS OF PRODUCTS AND EQUIPMENT SOLD BY RBT SERVICES, INC.
1. IF THE TRANSACTION DOCUMENTED BY THIS ORDER ACKNOWLEDGMENT IS A PURCHASE OF PRODUCTS OR EQUIPMENT BY BUYER, THEN PARAGRAPHS 1‐10 OF THIS AGREEMENT SHALL APPLY. IF THE
TRANSACTION DOCUMENTED BY THIS ORDER ACKNOWLEDGMENT IS A RENTAL OF PRODUCTS OR EQUIPMENT BY BUYER, THEN THE TERMS AND CONDITIONS OF THE RENTAL AGREEMENT SHALL APPLY AND
PARAGRAPHS 1‐10 BELOW SHALL NOT APPLY, UNLESS SUCH PRODUCTS OR EQUIPMENT ARE LATER PURCHASED PURSUANT TO AN ORDER ACKNOWLEDGMENT.
2. RBT Services, Inc. (“RBT”) warrants the materials and workmanship of products and equipment purchased by Buyer from RBT under the Order Acknowledgment (“Equipment”) to be free from
defects in
material or worksmanship for a period of one year from delivery of the Equipment to Buyer. If Buyer shall have rented such Equipment prior to its purchase thereof, the warranty period
shall be deemed to have begun
as of the date that such rental began. All risks of loss, casualty or other damage to the Equipment shall pass to Buyer on the date of delivery and acceptance of the Equipment at the
location designated by Buyer in
connection with this Order Acknowledgment.
3. Any RBT product that is defective in material or workmanship during such period will, at RBT's sole discretion, be repaired by RBT or replaced by RBT with another product or by a
credit for the reasonable value of such defective product. RBT does not warrant, and shall not be responsible for, items or components covered under another manufacturer's warranty even
if
incorporated into an RBT product.
4. Any warranty claim must be submitted in writing to RBT within seven (7) days of discovering the alleged defect and such product must be returned at Buyer’s own expense to RBT.
Print Date: 7/10/2020