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Home My WebLink AboutCORRESPONDENCE - PURCHASE ORDER - 9201023 (5)Print Date: 6/9/2020 Quotation To: Company: Jake Rector City of Fort Collins Phone: Date: Quote By: (970) 391‐3164 6/9/2020 Trey Hart Address: Fax: Email: jrector@fcgov.com Project Description: Salt from from railcar to truck EQUIPMENT DESCRIPTION UNIT PRICE EXT PRICE 1 Model 4255 Belt Conveyor $104,500.00 $104,500.00 Standard Equipment: Four Wheel Steering 42” Black Rubber Belt with Vulcanized Splice Open Frame Trough Open Tail Safety Kit Cema B Ilders Heavy Duty Bearings LED Lighting Dust Collector Load Out Spout Optional Equipment: 1 Diesel Power ‐ Kohler ‐ 74HP ‐ Tier 4 Emission $17,500.00 $17,500.00 1 Four Wheel Drive $7,400.00 $7,400.00 1 Belt Scale $11,500.00 $11,500.00 1 Hydraulic Gate Opener $8,400.00 $8,400.00 1 All Stainless Steel Conveyor (idlers remain mild steel) $24,000.00 $24,000.00 1 Hydraulic Vibrator $1,850.00 $1,850.00 NOTES: Estimated Delivery: 6‐8 weeks ARO Order terms: 30% down, balance due net 30 days Current steel surcharge is 0% Ship to City, ST: Fort Collins, CO If not specified, Tax is not included on quotation. If not specified, Freight is not included on quotation. Quotation is good for 30 days. Quotation is in US Funds. SUBTOTAL: $175,150.00 FREIGHT: $7,995.00 SURCHARGE: TAX: MISC: ‐$8,145.00 ORDER TOTAL: $175,000.00 Print Date: 6/9/2020 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 RBT products or equipment (“Products”) by Buyer, then paragraphs 1-10 of this agreement shall apply. If the transaction documented by this Order Acknowledgment is a rental of Products from RBT, then the terms and conditions of the rental agreement shall apply and paragraphs 1-10 below shall not apply, unless such Products are later purchased pursuant to an Order Acknowledgment. 2. RBT Services, Inc. (“RBT”) warrants the materials and workmanship of Products purchased by Buyer from RBT under the Order Acknowledgment to be free from defects in material or worksmanship for a period of one year from delivery of the Product to Buyer or 2,080 hours of Product operation, whichever comes first. If Buyer shall have rented such Product 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 Product shall pass to Buyer on the date of delivery and acceptance of the Product at the location designated by Buyer in connection with this Order Acknowledgment. 3. Any 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 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 a 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 Product; and (b) review all information possessed by Buyer relative to the actual application and/or use of the Product, 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 Product without prior written approval of RBT; or (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 or with RBT instructions, procedures and limitations, including without limitation any failure to follow any operating, inspection, maintenance and replacement instructions provided with the Product. 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, APPARATUSOR 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 PRODUCT OR FOR RBT’S FAILURE TO DELIVER THE PRODUCT WHEN SPECIFIED. RBT SHALL NOT BE LIABLE TO BUYER FOR ANY DAMAGESWHATSOEVER SUFFERED BY A THIRD PARTY, EXCEPT AS CAUSED BY RBT’S GROSSNEGLIGENCE OR WILLFUL MISCONDUCT 9. This Warranty and Limitations, RBT’s Order Acknowledgement and any RBT Rental Agreement between RBT and Buyer related to the Product, 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 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 a Product, RBT MAKES NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, AND RBT HEREBY DISCLAIMSALL 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, APPARATUSOR METHOD. LESSEE HEREBY ACKNOWLEDGES THAT THE PRODUCT 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 PRODUCT, RBT’S USE OF THE PRODUCT 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 PRODUCT BY ANY DELIVERY DATE OR FOR Revise Date: 1/21/2014