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HomeMy WebLinkAbout102586 SPRADLEY BARR FORD INC - PURCHASE ORDER - 9112437Fort Collins PURCHASE ORDER PO Number Page 9112437 1of2 This number must appear on all invoices, packing slips and labels. Date: 04/28/2011 Vendor: 102586 Ship To: FLEET SERVICES - MAIN SHOP SPRADLEY BARR FORD INC CITY OF FORT COLLINS PO BOX 270710 835 WOOD ST FORT CO IaNS Colorado 80527-0710 FORT COLLINS Colorado 80521 �L�l Plull�ps , Delivery Date: 04/28/2011 Buyer: JAMES HUME Note: Line Description Quantity Ordered UOM Unit Price Extended Price 1 each, 2011 Ford F-550 1 LOT EA 35,855.00 4x4 SD Reg cab 165" WB per quote dated 4-8-11, Attn: Paul Phillips Dept: Streets Fleet ID: QA494 Deliver vehicle 8 title documents to: Fleet Main Shop, 835 Wood Street, Fort Collins 221-6613 C3. O"rle:-oQ� 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 $35.855.00 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 Fort Collins is exempt fmm state and local taxes. Our Exemption Number is I L NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate 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 Statutes 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 ofor payment for goods hereunder or approval of the design, shall not release the Scllcr of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the wornmia or obligations of this purchase order and shall not be deemed a waiver ofany right of the damage in transit, may be returned to you for credit and am not to be replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless instructions firm the City of Pon 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 terms Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in responu to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, 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 applicable required inspection procedures, violations are in fact home by the Porchascr. Theretofore, for good cause and as 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.B.. City of Fort Collins, 700 Wood St., Fort Collins, CO 90522. 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 ongiml freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing paints in various pans of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments arc made from greater distance. Permits Seller shot] Parente at sellers sole cost all necessary permits, certificates and licences 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 forum and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations ordinances, odes and requirements. Authorization. All panics to this contract agree that the representatives are. in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Pumham 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 di Rer=, temxs and conditions proposed by seller am objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your premised 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 hereto. No acts of the purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver ofthis provision. In the event ofany delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing 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 am beyond its maurnable control and without its fault ofnegligence, such acts ofGod, acts ofeivil or military authorities, gm croomental priorities, fires, strikes. Bond, epidemics, wars or riots pmvidcd that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event ofany 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 conform with applicable dmwings, 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 Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account ofthe Scllers breach of warranty. The Scllcr 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 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 not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute u waiver ofany claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereundershall extend to all damages proximately caused by the breach ofany ofthe foregoing warn ruics or guarantees, but such liability shall in no event include loss ofmofits 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 terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions (ram the quantities originally ordered in the specificaliortc or drawings, by verbal or .written change Order. If any such change affects the amount due or the time of perfnmr urn, heeunder. an equitable adjustment shall be made. 6. TERMINATIONS. The Purchasc may at any time by wn"ca change order, terminate this agreement as to any or all portions of the goods then our 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 for anticipated profits on the uncompleted portion of the goods aod/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Scller with respect to any goods which arc the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hccuoder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assured within thirty (30) days fmm the date the change or termination is ordered. 9. 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 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 harnlesa fmm 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 weinen consent ofthe other party. 10. TITLE. The Seller ..at, 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, resinctions, reservations, security interest encumbrances and claims f.then,. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Scllcr to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Scllcr thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available to it and the Seller shall pay all costs associated wilh such work. The Scllcr shut] release the Purchaser and its contractors of any tier from all liability and claims ofany 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 directnm, Officers and employees ofsnch parry. The Scllcr'., contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such wark is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or prncess covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser Two 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 indemnify the Purchaser for any cost, expense or damage which it may 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 pan 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, tither pnecom for the Pumhnser the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment. or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Scllcr shall became insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property at business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions after ms used or the interpretation ofthe agreement and the rights ofall panics hcrcnndcr shall be construed under and govemed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in cams where the Scllcr is to perform work hereunder, including the services ofS<Ilers Represcntative(s), on the premises anthers. 17. SELLERS RESPONSIBILITY. The Scllcr shall carry on said work at Seller's own risk until the man, is fully completed and accepted, and shall. in case ofany accident, dosmmtion or injury to the work and/or materials before Seller's Goal completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Parchancr. When materials and egnipmcat are famished by others for installation or erection by the Scllcr. the Scher shall receive, unload. store and handle snore at the site and become responsible therefor as though such nmtcrials and/or equipment were being furnished by the Scller under the order. IS. INSURANCE. The Scllcr shall. at his own expense, powide for the payment of warkers 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 dependent 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, contractual and automobile public liability insurance with bodily injury and death limits of at least S300.000 for any one person. S500.000 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 insuanec. Before any ofthe Scllers or his contractors employees shall do any wnrk upon the premises of others, the Sellershall 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. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hembv assumes the entire responsibility and liability for any and all damage. Inns or injury of ony kind or nature whatsoever to persons or property caused by or resulting fmm the execution ofthe work pmvidcd 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 From and against any and all claims, losses, damages. charge, or expenses, whether direct or indirect. and whether to persons art property to which the Purchaser may he put or subject by reason army act, action, neglect, emission or default on the pan of the Scller, 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 affects, 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 contrnctms 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 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 affects. .agents or employees in such nits or other proceedings, and in case judgment or other lien be placed upon or Obtained against the property of the Purchaser, or said parries in or as a result ofsnch suits or other proceedings, the Seller will at once cause the some 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 limitnlion, the Occupational Safety and Health Act of 1970 and all rates and regulations issued pursuant thercto. Revised W/2010