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HomeMy WebLinkAbout102586 SPRADLEY BARR FORD INC - PURCHASE ORDER - 9111534PURCHASE ORDER PO Number Page City Of 9111534 1 of z 6rt COII' n C This number must appear {�` �7 on all invoices, packing sli s and labels. Date: 03/14/2011 Vendor: 102586 Ship To: FLEET SERVICES - MAIN SHOP SPRADLEY BARR FORD INC CITY OF FORT COLLINS PO BOX 270710 835 WOOD ST FORT COLLINS Colorado 80527-0710 FORT COLLINS Colorado 80521 I� Po-,C, Zak, Delivery Date: 03/14/2011 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2011 Ford Escape 4wd 1 LOT EA 28,951.00 Hybrid Per quote dated 3-2-11, Attn: Paul Phillips Dept: Police Admin Deliver vehicle & title documents to: Fleet Main Shop, 835 Wood Street, Fort Collins 221-6613 Exterior color: White Interior color: Stone C3. O✓L�o-2� 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 Invoice Address 951.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Temis and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAI VER. 98-0,1502. Federal Excise Tax Exemption Cenificate of Registry 84-601 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue. Denver. Colorado (Ref Colorado Revised StaNtes 1973. Chapter 39-26. 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the men[ of a broach, the acceptance offer payment for goods hereunder or approval of the design, shall rat release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet spcxifieatioos, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be domed a waiver of any right of the damage in transit, may he returned to you for credit and arc not to be replaced except upon receipt of wriuco purchaser to insist upon ,strict performance hereof many of its 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 Icrms Inspection. GOODS am subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merehindise, services or equipment in response to this order can result in 12. ASSIGNM ENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fort Collins Howxver, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall ipplicable required inspection procedures. violations arc in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser tiny and all claims it may now have or hereafter Freight Teets. Shipments must be F.O.B., City of Fen Collins, 70O Wood St.. Fen Collins, CO 90522, unless acquired tinder federal or state returns, laws for such overcharges riming to the particular goods on services otherwise specified on (his order. If pcmtission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Whets manufacturers have distributing points in various parts of the country, shipment is If the Purchnscr directs the Seller In correct nonconforming or defective goods by a date to be agreed upon by the expected front the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability man, illiagnics, to comply, the Purchnscr shipments arc made from greater distance. may cause the work to be performed by ,hc most expeditious means available to it. and the Seller shall pay all casts le smimcd with such work. Permits. Seller shall procure at sellers sine cost all necessary permits, certificates and licenses required by all applicable law:a, regulations, ordinances and roles of the state, monieipeliry, territory or political subdivision where the work is perforated, 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 hamticss from and against all liability and loss incurred by them by reason of an asserted or established violation off any such laws, regulations, ordinances, rates and requirements. Authorivntion. All parties to this contract agree that the representatives arc. in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto Or incorporated herein by reference. Any additirmil or different tents and conditions proposed by seller arc 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 must be effected whin the time stated on the purchase order and the documents attached hate. No acts of the Purchasers including, without limitation, acceptance ofpartial late deliveries, shall operate 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 ofplacing this order clsavhem and holding the Seiler liable for damages However. the Seiler shall not be liable for damages as a result of delays due to east ex not reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence, such acts of God, acts ofeivit or military anthoritics. govcmmenml priorities. Fires strikes, flood, 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 he 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 warmers that all good. articles, materials and work entered by this order will confront 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 ermpocruce in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any Ions, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of waranty. The Seller shall replace, repair or make good. without cast to the purchaser, any defects or faults arising within one (1) year or within such Innger period of time as may be prescribed by law or by the terms ofany applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance no: to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofanv claim under this warranty. Except as otherwise provided in this purchase order.,hc Scllcrs 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 ofpmfits or loss rf 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 terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Puchaser may make any changes to the terms. other than legal terms. including additions to or deletions from ,he quantities originally ordered in the specifications or drawings, by verbal or anitten change code, If any such change affects the amount due or the time o-porformanae hereunder. an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, condone this agreement as to any or all partners of the good then not shipped, subject to any equitable adjustment between the panics its to any work or materials then in Progress provided that the Purchaser shall not be liable for any claims for anticipated pmfits on the uncomplded portion of the good and/or work, for incidental or consequential damages, and that no such ndjustmcnt be made in favor of the Seller with respect to any goods which are the Sellers standard stack. No such maturation shall relieve ,he Purchaser or the Seller of any of their obligations ns 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. R. COMPLIANCE WITH LAW. The Seller warrants 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 goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and minlations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchnscr harmless from all costs and damages suffered by the Purchnscr as a result of the Sellers failure to comply with such Irv. 9. ASSIGNMENT. Ncithor party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior waiuen consent of the other parry. I (T TITLE. The Scllcr warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encnmhmnces and claims plotters. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees Meueh parry. The Seller's ca nrachel obligations. including warranty, shall not be dccncd to be reduced, in any way, because such work is perforated 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 Seller shall indemnify and save harmless 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 contract, and shall indcmnify the Purchaser for any cost. expense or damage which it may be obliged to pay by reason of such infringement it any lime during the presccution Or nOcr the completion of the work. In case said equipment, or any pan thereof or the intended use Of the goods, is in such snit held to emratinne infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense oral at its option, either procure for the Purchaser the right no continue using said equipment Or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes naninfringing. 15. INSOLVENCY. If the Seiler shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint i receiver or trustce for tiny of the Scllers property or business, this order may forthwith be canceled by the Purchnscr without liability. 16. GOVERNING LAW. The definitions ofit.., used or the interpretation of the agreement and the rights ofali panics hereunder shall he consrud under and governed by the laws ofthe State of Colorado. USA. The following Additional Conditions apply only in cases where The Seller is to perform work hereunder, including the services of Scllcrs Representativc(s), On the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in case of any accident. destruction or injury to the work and/or materials before Scllcrs fart emnpletlon and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are 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 Ihemfor as though such materials and/or equipment wvtc being famished by the Seller under the order. IR. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including oecuestionil 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 Lots of Ile state in which the work is to be dram. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at ]cast S300.000 for any not person. 5500.000 for any one accident and pmpeny damage limit per accident rf S400.000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurnncc. Before any of the Scllcrs or his commdars employees shall do uny work upon the premises of others, the Scllcr shall Finish the Ptuhaser with a certifemc that such eampensztion and insurance have been provided. Such eenificites shall specify the date when such compensation and insurance have been provided. Such cer ifiemcs shall specify the date when such compers union and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and acceped. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any rod all damage, ]a<or injury ofanv kind or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchnscr and any or all of the Purchasers officers, agents and cnrployets from and against any and all claims, losses, damngc.s. charges or expenses, whether direct or indirect, and tvhcthcr to persons or property to which the Purchaser may be put orsubject by reason of any act, action, neglect. Omission or default oa the pan of The Seller. env of his contractors, or any of the Sellers or contractors officers. agents or employees. In ease any .suit or other pnrcccdings shall be brought against the Purchase, or its officers, agents or employees at any time on account or by reason of any act, action, neglect omission or default of the 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 thereof and to defend the same at the Scllers own expense, to ryry any and all costs, charges a0omcys fines and other expenses. any and ill judgments that may be incurred by or obtained against the Purchaser or any of its or their officer, agents or employees in such suits or other proceedings, and in case judgnenl or other lien be placed mare or obtained against the property of the Purchaser, or said parties in or as a result of such suits or other proceedings. the Seller will at once cause The same to be dissolved and discharged by giving bond or othemise. The Seller and his contractors shall take all safety precautions, famish and install all guard accessary for the prevention of accidents, comply with all laws and regifle ions with regard to safety including, but without [initiation, the Occupational Safety and llca]th Act of 1970 and all roles and regulations issued pursuant thereto. Revised 03/2010