Loading...
HomeMy WebLinkAbout102564 DELLENBACH MOTORS - PURCHASE ORDER - 9111325Fort Collins Date: 03/03/2011 PURCHASE ORDER PO Number Page 9111325 102 This number must appear on all invoices, packing slips and labels. Vendor: 102564 Ship To: FLEET SERVICES - MAIN SHOP DELLENBACH MOTORS CITY OF FORT COLLINS 3131 S COLLEGE AVE 835 WOOD ST FORT COLLINS Colorado 80525 FORT COLLINS Colorado 80521 � [ 2 0 - I k' 1�—�8gq t�111id.!e 5i�n LyA Delivery Date: 03/02/2011 Buyer: JAMES HUME Note: Line Description Quantity Ordered UOM Unit Price Extended Price 1 each, 2011 Chevy Tahoe 1 LOT EA 30,557.00 CK10706 4wd 4dr 1500 per quote dated 12-14-2010, Attn: Ron Heusinkveld Dept: Police "' Delete spot lights. Delete push bumpers. Exterior color: Sheer Silver Metallic Interior color: Ebony Deliver unit & title documents to: Fleet Main Shop, 835 Wood Street, Fort Collins 221-6613 C3. O✓l�:v-Q� City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO 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 Total $30,557.00 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 I. COMMERCIALDF,TAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-60f8)587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of toots and conditions hereof, failure or delay to Internal Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seiler in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specification, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in tmmit may be returned to you for credit and arc not to be replaced except upon seacipt of alitten purchaser to insist upon strict performance humfor any of it rights Or remedies as to any such goods, regardless instructions from the City of Fort Collins. 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 of the tells Inspection. GOODS arc subject to the City of Fort Collins inspection on arivnl. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS, authorized payment on the part of the City of Fort Collins. However, it is to be understand that FINAL Seller and the Purchaser recognize that in actual economic practice overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violalions arc in fact home by the Purchaser. Theretofore. for good cause and as consideration for executing this purchase order, the Scllcr hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Trans. Shipments most be F.O.B.. City of Fort Collins. 700 Wood St.. Fort Collins. CO 80522. unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser personal to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCIIAS17RS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where cranufactmers have distributing points in various part of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective good by a date to be agreed upnn by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thcreaftcr indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distance. may cause the work to be performed by the most expeditious means available to it. and the Seller .shall pay all costs associated with such work. Permits. Seller shall pasture at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the 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 harrnlesx room and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rates and aq uircmcnts. Authorization. All parties to this contract agree that the representatives arc, 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 heroin set forth and any supplementary or additional leans and conditions annexed hereto or incorporated herein by reference Any additional or different terns 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 arrive on your promised delivery date as noted. Time is of the essence Delivery and performance most be effected within the time stated on the purchase order and the documents arched hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operatc as a waiver of this provision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable remedies. the option of placing this order elsewhere 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 arc beyond its reasonable control and without its fault ofnegligenec. such ass of God, acts ofeivil or military authorities, governmental priorities, fires, strikes. Read, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seiler 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 of the delay. 3. WARRANTY. The Seller wamnts that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of cam and competence in accordance with accepted standards for work of a similar nature. The Seiler agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account arise Scller, breach of wamnty. The Seller shall replace. repair or make good, without cast to the purchaser. any defects or faults arising within one (1) yea or within such longer period of time as may be pieseribed by law or by the terms ofany applicable warranty, provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unmasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of good, by the Purchaser shall not constitute a waiver ofany claim under this warranty. Except as otherwise provided in this purchase anter, the Sellers liahil ity hereunder shall extend to all damages proximately caused by the breach of any of the foregoing svn rmntics or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WAR RA NTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHA NGES IN LEGA L TERMS. The Purchaser may make changes to legal terms by written change order. S. CHANGES IN COMMERCIAL TERMS. The Pumhascr may make any changes to the terms other than legal terns, including additions to or deletion, from the quantities originally nolcmd in the specifications or drawings. by verbal or written change order. If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall he made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the good, then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in pmgress pmvidcd that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seiler with respect to any goods which arc the Sellers standard stack. No such termination shall relieve the Purchaser or the Seller crafty of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seiler wamnts that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the good arc subject. The Seller shall execute and deliver such documents as may be required to effect orevidence compliance. All laws and regulations required to be incorporated in agreements of this character arc hereby incorporated herein by this reference, The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as n result of the Scllcrs failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to bmomc due hereunder without the prior written consent of the other party. HL TITLE. The Seller a'armnts full, clear and unrestricted title to the Purchaser for all cquipmcnt, materials, and items famished in performance of this agreement, free and clear of any and all lions, restrictions, reservations, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting form the performance ofsuch work. This release shall apply even in the even, of fault of negligence of the part, released and shall extend to the directors, officers and employees ofsuch party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be perforated 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 Scller shall indenmify and save hamdess the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the comfort, and shall indemnify the Pumhascr for any cost expense or damage which it muv be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any part thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said cquipmcnt or part, replace the same with substantially equal but noainfringing equipment. or modify, it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt. make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business. this order may forthwith be canceled by the Purchaser wilhmn InAulirv. 16. GOVERNING LAW. The definitions ofterms ased or the intcgmtation of The agreement and the rights ofall parties hereunder shall be ransomed under and governed by the Imes ofthc State ofColomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Representa,ive(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall cam on said work at Sellers own risk until the same is fully completed and accepted, and shall, in case ofany accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Seller's man expense and to The satisfaction of the Purchaser. When materials and equipment arc famished by others far installalion or erection by The Seller. the Seller shall receive, nalead. store and handle same at the site and become responsible therefor as though such materials and/or equipment were bring famished by The Seller 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 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 tarty comprehensive general liability including, but not limited to, contactual and automobile public liability insurance with bodily injury sad death limits of at least S300,000 for any one person. $500.000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Scllcrs or his contractors employees shall do any work upon The premises of others, 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 campensmion and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby as, nines the entire responsibility and liability for any and all damage, Inns or injury ofany kind or nature whntsucvcr to persons or pmperty caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indenmify and hold harmless the Purchaser and any r all of the Purchasers Officers. ages is and employees from and against any and all claims, losses, damages. charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason ofany act. action, neglect. omission or default on the pan of the Scllcr, any of his contractors, or any of the 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 necount or by reason of any act, action. neglect. omission or default of the Seller array of his contractors or any of its or their officers, agents or employees as of -cmid, the Seller hereby agrees to assume The defense thereof and in 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 he 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 ease judgment or other Iica be placed upnn or obtained against the property, of Ibe Purchaser, or said parties in or as o result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish 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 rates and regulations issued pursuant thereto. Revised 03/2010 City of Fort Collins Date: 03/02/2011 Vendor: 102564 DELLENBACH MOTORS 3131 S COLLEGE AVE FORT COLLINS Colorado 80525 PURCHASE ORDER PO Number Page 9111325 1of2 This number must appear on all invoices, packing slips and labels. Ship To: FLEET SERVICES - MAIN SHOP CITY OF FORT COLLINS 835 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 03/02/2011 Buyer: JAMES HUME Note: / Line Description \ I Quantity UOM Ordered Unit Price Extended Price 1 each, 2011 Chevy Tahoe 1 LOT EA 31,01.7.00 CK10706 4wd 4dr 1500 per quote dated 12-14-2010, Attn: Ron Heusinkvel Dept: Police "' Delete spot lights. Delete push bumpers. Exterior color: Sheer Silver Metallic Interior color: Ebony Deliver unit & title documents to: Fleet Main Shop, 835 Wood Street, Fort Collins 221-6613 U City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO 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 $31,017.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580