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HomeMy WebLinkAbout456448 FORT COLLINS CHRYSLER - PURCHASE ORDER - 9111588City of �,.F.�o_rt Collins Date: 03/16/2011 Vendor: 456448 FORT COLLINS CHRYSLER 3835 S COLLEGE AVE FORT COLLINS Colorado 80525 PURCHASE ORDER PO Number Page 9111588 1o12 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: 03/16/2011 v Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 each, 2011 Dodge 1 LOT EA 23,644.50 Grand Caravan per quote: 2011 Dodge Grand Caravan, 2-18-11 Attn: Michael Wolery Dept: Police Exterior color: Silver Interior color: charcoal Deliver vehicle & title documents to: Fleet Main Shop, 835 Wood Street, Fort Collins City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill ll, 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: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tcrms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Too Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER, 98d4502. Federal Excise Tax Exemption Cenifinie of Registry 84-6000587 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 Statute, 1973. Chapter 39-26, 114 (a), 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 of The design, shall not release the Seller of Grads Rejected. GOODS REJECTED due to failure to meet specifications, 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 transit, may be rcmmed to you for credit and are not to be replaced except open receipt of written purchaser to insist upon strict performance herenfor any of its rights or remedies as to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received on accepted, as to any prior or subsequent default hereunder, nor shall any pOrsomed Orel modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the cyan, Inspection. GOODS are subject to the City of Fein Collins inspection on arrival. hcrcof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. autheriacd payment on the pan of the City of Fart Collins Hmwavcn it is to be understood that FINAL Seller and the Purchaser rucogaiac that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations an in fact home by the purchaser. Theretofore, for good cruse and es consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.R., City of Fort Collins. 700 Woud St. Port Collins. CO 80522. unless acquired under federal or state rntimsi 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 Purchnscr pormant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANC17 OF SELLERS OBLIGATIONS, Shipment Distance. Where roof etancts have distributing points in varions pans of the country, shipment is If the Purchaser directs the Seller in correct nonconforming or defective goods by a date In be aLnecd Open 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 thereafter indicates its inability or unwillingness to comply. the Purchaser shipments ore made from greater distance. may cause the work to be pc,fOrO,c,l by the most expeditious means available to it and the Seller shall pay all costs associated with such work. Permits Seller shall procure at sellers sole cost all necessary peanuts. certificates and licenses required by all applicable laws, regulations, ordinances and roles 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 To" Collins harmless from and against all liability and loss incurred by them by reason of an assMcd or established violation of any such laws, regulations, ordinances, rules and requirements. Authoriution. All panics to this contract agree that the representatives arc. in fact, bona fide and possess full and complete authority to hind 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 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 arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached bacon. No acts of the Purchasers including. without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay. the Purchaser shall have, in addition to other legal and equitable remedies. the option ofplacing this order clwwhem and holding the Seller liable for damages. Howcvee the Scllcr shall not be liable for damages as a result of delays doe to causes not reasonably foreseeable which arc bcyand its reasonable control and without its fault of acgligenec. such acts of God, acts ofeivil or military authorities. governmental priorities, fires, strikes. Rood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the N,mhrscr within free (5) days of the 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 lime actually last by reason of the delay. 3. WARRANTY. The Scllcr warrants that all good, 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 care and com ureace in accordance with accepted standards for work of a similar namrc. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Scllcrs breach of nareaary. The Scllcr shall replace. repair or make gad, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms 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 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 of any claim under this warranty. Except as otherwise provided in this purchase order, the Sel lets I iahil iry hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warramic,s Or guarantees, but such liability shall in on event include loss of prof is or loss of use. NO I PIT ED WARRANTY OR M ERCI I ANTA BILITY OR OF FITNESS FOR PURPOSE St ALL APP LY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terns by written change order. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tans, other than legal terms, including additions to or deletions from the quantities originally oNe¢d in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time ofperfommnce hereunder, an equitable adjustment shall be made. fi. 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 is to any work or materials then in progress provided that the Purchnscr shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods anchor work, for ineidenal or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goad which are the Sellers standard stock. NO such termination shall relieve the Purchaser or the Seller of any of their obligations as to any gads delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be auMed within thirty (30) days Form the date the change or termination is andcred. S. 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 arc subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required In be incorporated in agreements of character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamrless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law, 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other parry. 10. TITLE. The Seller warrants full, clear sad unrestricted title to the Purchaser for all equipment, materials, and items furnished in performance of this agrcemcm, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tier form all liahiliry and claims of any nature resulting from the performance ofsnch 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 ofwmh parry. The Seller's contractual obligations, including 0armory, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required m use nny design, device, materiel or proecse covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser form 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 shill indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason ofsnch 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 slid equipment or pan is enjoined, the Seller shall, at its own expense and at its option, ciiha procure for the Purchaser the right to continue using said equipment or pans, replace the more with substantially equal but ooninfringing 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 tn¢ice for any of the Sellers pmperty or business, this onler may forthwith be canceled by the Purchnscr without liability. 16. GOVERNING LAW. The definitions of tans used or the interpretation ofthe agrcemcm rod the rights ofall parties hereunder shall be consumed under and governed by the laws of the State of Colorado. USA. The fallowing Additional Conditions apply only in cases where the Seller is to perfamm xvork hereunder. including the services ofScllcrs Rcpmsenmtive(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work m Scllcrss own risk until the same is fully completed and accepted, and shall. in ease of any 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 furnished by others for installation or erection by the Seller, the Seller shall receive, turned, store and handle mare at the site and become responsible themfur as though such materials and/or cquirevcnl were being furnished by the Seller under the under. 19, INSURANCE, The Scllcr shall, at his on 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 In, continental and automobile public liability insurance with bodily injury and death limits of at least S30ILINHI for any one person. S500.000 for any arc accident and property damage limit per accident of S400.000. The Seller shall likewise requite his contractors, if any, to provide for such compenution and insurance. Before any of the Scllcrs or his eommcmrs employees shall do any .work upon the premises ofethers, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such cenifcams shall specify the date when such conmensntion and insurance have ban provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained unlit a0et the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and .11 damage, loss or injury ofany 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 hamdesv the Purchaser and any or all of the Purchasers Officers. agents and employees from and against any and all claims. losses, damages. charges or expenses, whether direct or indirect. and whether to persons or props ny to which the Purchaser may be put or subject by reason of any net, action, neglect, omission or default on the pan of the Scllcr, any of his contractors, or any of the Scllcrs or contractors officers. agents or employees. In case any suit or other proecci imps shall he brought against the Purchaser, or its effects, agatts or employees at any time on account or by reason of any act action, neglect. mnission or default of the Seller of any of his contractors or any of its Or (heir officers, agents or employees as aforcu id, the Seller hereby agrees to assume the defense thereof and 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 trey be incurred by or obmincd against the Purchaser or any of its or their officers. agents or employees in such suits or other proccedinps, and in case judgment or other lien be placed upon or obtained against the property of the POrchnseq or mid parties in or as a result of such suits or other proceedings. the Seiler will at once cause the same to he dissolved .met discharged by giving bond or otherwise The Scllcr and his contractors shall take all safety precautions, furnish and install all guard 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. Revised 03/2010