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Home My WebLink AboutCORRESPONDENCE - PURCHASE ORDER - 9201023 (4)To: Job # City of Fort Collins Date: 0 0 Per Purchase Order # 0 Jake Rector Please accept this letter as your order confirmation for the following project: Equipment Model: Serial # Standard Equipment: Optional Equipment: 1 1 1 1 1 1 0 0 0 0 SUBTOTAL: FREIGHT: SURCHARGE: 0.00% TAX: MISC: ORDER TOTAL: Estimated Delivery: Terms: Clarifications: Prices do not include any applicabe taxes or permits, unless specified Prices do not include any freight charges, unless specified By signing and returning this order confirmation you agre to attached RBT Warranty Statement. 6‐8 weeks ‐$8,145.00 $175,000.00 0 0 $175,150.00 $7,995.00 Customer is responsible for payment of any taxes directly to proper tax authority, unless specified $0.00 Fort Collins, CO Order Confirmation Salt from from railcar to truck 0 Model 4255 Belt Conveyor 072054386‐826 Four Wheel Steering 42” Black Rubber Belt with Vulcanized Splice Open Frame Trough 9201023 30% down, balance due net 30 days Heavy Duty Bearings LED Lighting 0 Hydraulic Vibrator 0 Current Ship to: 0 0 0 $0.00 0 54386 Rev Date: 5/1/2013 Jake Rector William F. Hart III City of Fort Collins RBT Services, Inc Date: Date: 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 OMISSIONOF 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 PROFITSOR DAMAGESTO OTHER EQUIPMENT, GOODSOR PRODUCTSRESULTING FROMTHE USE OR MISUSEOF AN RBT PRODUCTOR RBT EQUIPMENT, FOR WORK DELAYS CAUSEDBY 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 theentire 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. 11. If the Order Acknowledgment confirms a lease or rental of equipment, RBT MAKESNO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, AND RBT HEREBY DISCLAIMSALL IMPLIED WARRANTIES OF ANYKINDWHATSOEVER INCLUDINGANY 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, APPARATUSORMETHOD. 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 ANYDAMAGE,ACT, ERROR OR OMISSIONOF ANY KIND, WHETHER CAUSEDBY 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 WARRANTY AND LIMITATIONS OF PRODUCTS AND EQUIPMENT SOLD BY RBT SERVICES, INC. 1. IF THE TRANSACTION DOCUMENTED BY THIS ORDER ACKNOWLEDGMENT IS A PURCHASEOF PRODUCTSOR EQUIPMENT BY BUYER, THEN PARAGRAPHS1-10 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 ANDCONDITIONSOFTHE RENTAL AGREEMENT SHALL APPLYANDPARAGRAPHS1-10 BELOW SHALL NOT APPLY, UNLESS SUCHPRODUCTSOREQUIPMENT 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. 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. 7/9/2020 Print Date: 7/10/2020 7/9/2020 Belt Scale Hydraulic Gate Opener Cema B Ilders All Stainless Steel Conveyor (idlers remain mild steel) Open Tail Safety Kit Diesel Power ‐ 74HP ‐ Tier 4 Emission Four Wheel Drive Print Date: 7/10/2020