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HomeMy WebLinkAbout459012 AMS VANS INC - PURCHASE ORDER - 9953066Date: 6/9/2009 Purchase Order Number: 9953066 Page Number: 1 Vendor: 459012 Ship To: AMS VANS INC TRANSFORT BUS FACILITY T COLLINS FOR Y OF 555 OAKBROOK PARKWAY SUITE 500 CITY OF FOR R ROAD NORCROSS GA 30093 CITY OF FORT COLLINS CO 80525 i Delivery Date: 5/18/2009 Buyer: HUME,JAMES Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence. Note: Line Qty/Units Description Extended Price 1 1 each, 2008 Dodge Caravan SE VIN 2D8HN44H28R676352 Used van to have a wheelchair conversion installed per quote dated 6-09-2009, Attn: Jill Rowe Total ( -") -n , " -, C, -, R- O,f " , F- 28,450.00 $28,450.00 City of Fort Co/WinCo/Winy Director of Purchasing and Risk Management City of Fort Collins This order is nQ.Valid over $5000 unless signed by James B. O'Neill Il, CPPO Accounting Department City of Fort Collins Purchasing, PO Box 580, Fort Collins, CO 80522-0580 PO Box 580 Phone: 970-221-6775 Fax: 970-221-6707 Email: purchasing@fcgov.com Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exempt ion Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on aniva Final Acceptance. Receipt ofthe merchandise, services or equipment in response to this orde- can result in authorized payment on the part of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures Freight Terns. Shipments must be F.O.B., City of Fort Collins, 700 Wood St., For( Collins, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the original Height bill must accompany invoice. Additional charges for packing will not be accepted Shipment Distance. Where manufacturers have distributing points in various parts ofthe country, shipnem is expected from the nearest distribution point to destination, and excess fieight will be deducted front Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules ofthe state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor Seller further agrees to hold the City of Fort 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, ordinances, rules and requirements. Authorization. All parties to this contract agree that the representatives are, in fact. bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated heein set forth and any supplementary or additional terms and conditions annexed he eto orincopomted herein by reference. Any additional or different terms 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 arive on your promised delivery date as noted. Time is of the essence. Delivery and perfomtance must be effected within the tittle stated on the purchase order and the documents attached hereto. No acts of the Purchasers including. without limitation, acceptance ofpartial late deliveries, shall operate as a waiver of this provision In the event ofmy delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhee and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays. due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts of civil or military authorities, governmental priorities, fires, strikes, flood, epidemics, was or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days ofthe time when the Seller first received knowledge thereof. In the event of any such delay. the date of delivery shall be extended for the period equal to the time actually lost by reason ofthe delay 3,WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will confomm with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account ofthe Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of timers may be prescribed by law or by the terns of any applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed). resulting fixmm imperfect or defective work done or materials famished by the Seller Acceptance or use of goods by the Purchaser shall not constitute a waiver of anv 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 any of the foregoing warranties or guarantees. but such liability shall in no event include loss of profits or loss 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 tents by written change order 5 CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terns, including additions to or deletions from the quantities originally ordered in the specifications or drawings. by verbal or written change order [fully such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made 6. TERMINATIONS. The Purchaser may at anytime by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims four anticipated profits on the uncompleted portion ofthe goods and/or work, for incidental or consequential damages, and that no such adjustment be trade in favor ofthe Seller with respect to any goods which are 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. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days fi'ont the date the change or teninaion is ordered 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold. delivered and furnished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamiless from all costs and damages suffered by the Purchaser as a result of the Sellers failureto comply with such law. If and only to the extent this [Agreement] constitutes a "sole source government contract" within the meaning of Article XXV III ofthe Colorado Constitution ("Article XXV I I I"), then the provisions of Section 15 of Article XXV I I I are hereby incorporated into this [Agreement]. In such a case. if the [Contractor] or any other person who is a "contract holder" as defined in Section 2(4.5) of Article XXV III intentionally violates Section 15 or Section 1 1(2) or Article XXVIII, then the [Contractor] agrees it shall be ineligible to hold any sole source government contract, or public employment with the state of Colorado or any of its political subdivisions, fit three years 9. ASSIGNMENT. Neither patty shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent ofthe other pally 10 TITLE The Seller warrants fill, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in perfornance of this agreement. free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others II NONWAIVER Failure of the Purchaser to insist upon strict performance ofthe terns and conditions hereof, failure or delay to 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 goods hereunder or approval ofthe design, shall not release the Seller of any ofthe warranties or obligations of this purchase order and shall not be deemed a waiver of any right ofthe purchaser to insist upon strict perfornerec hereof or any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any ofthe terms hereof 12_. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting fi'om antitrust violations are in tact Iwnte by the Purchaser. The crotbre, for good cause and as consideration for executing this purchase order, the Seller ]let cbv assigns to the Purchaser any and all claims it may now have or hereafter acquired under federal or state antitrust laws for such overcharges relating to the particular' goods or services purchased or acquired by the Purchase - pursuant to this putchase order 1; PI RC'HASERS PERFORMANCE OF SELLERS OBLIGATIONS It the Purchase" directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Punch:aer:ed the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cams, the work to be perfined by the most expeditious means available to it, and the Seller shall pay all costs associated with such work The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting lionm the performance ofsuch work. Phis release shall apply even in the event of fault of negligence ofthe party released and shall extend tothe directors, officers and employees ofsuch party. The Seller's contractual obligations, including wan•anty, shall not be deemed to be reduced, in any way, because such work is perlomied or caused to he performed by the Purchaser 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 harmless the Purchaser from any and all claims for inf ingement by reason of the use of such patented design. device, material or process in connection with the contract, and shall indemnify the Purchaser tot any cost. expense or damage which it may be obliged to pay by reason ofsuch infringement at anytime during the prosecution or after the completion ofthe work. In case said equipment, or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or part is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pats, replace the saute with substantially equal but non -infringing equipment, or modify it so it becomes non -infringing. 15 INSOLVENCY If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receive' or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability 16. GOVERNING LAW. The definitions of terns used or the interpretation of the agreement and the rights of all patios hereunder shall be consulted under and governed by the laws of the State of Colorado, USA. "Ihc lollowing Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Representative(s), on the premises ofothes. 17 SELLERS RESPONSIBILITY The Seller shall canyon said work at Seller's own risk until the same is fully completed and accepted, and shall, incase of any accident. destruction or injury to the work and/or materials before Seller's final completion and acceptance, eonmplete the work at Sellers own expense and to the satisfaction ofthe Purchaser. When materials and equipment we furnished by others for installation or erection by the Seller. the Seller shall receive, unload, store and handle same at the site and become responsible therelhr as though such materials and/or equipment were being ftunished by the Selle under the order IS INSURANCE f he 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 the 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 Seller shall also carry comprehensive general liability including, but not limited to, contactual and automobile public liability insurance with Iwdily injury and death limits of at least $300,000 for any one person, $500,000 for any one accident and property damage linlit per accident of $400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any ofthe Sellers or his contractors employees shall do any work upon the premises ofothes, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 11t PROTECTION AGAINST ACCIDENTS AND DAMAGES The Seller hereby assumes the entire responsibility and liability for ally and all damage, loss or injury of any kind or nat"'t, whatsoever to persons ar property caused by or resulting front the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, agents and employees fi-ont and against any and all claims, losses, damages, charges or exposes, whether direct or indirect, and whether to persons or property to which the Purchase' maybe put or subject by reason of any act, action. neglect, omission or default on the pan ofthe Seller, any of his contractors, or any ofthe Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of any act, action, neglect. omission or default ofthe Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereofand to defend the same at the Sellers own expense, to pay any and all costs. charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property ofthe Purchaser, or said parties in or as a result ofsuch suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwvise The Seller and his contractors shall take all safety precautions, furnish and install all guards necessary for 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 rules and regulations issued pursuant thereto. Revise) 04 2000