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HomeMy WebLinkAbout117569 PRO CHRYSLER PLYMOUTH JEEP - PURCHASE ORDER - 9116966Fort Collins PURCHASE ORDER Date: 11/22/2011 Vendor: 117569 PRO CHRYSLER PLYMOUTH JEEP 1800 W 104TH AVE THORNTON Colorado 80234-3602 14k. ! w N veyl- PO Number Page 9116966 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 ar- D'7 Delivery Date: 11/22/2011 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 each - 2012 Dodge Journey SXT, FWD, 28E group per State bid, Attn: Mel Glover Dept: Police Base price: $19,645 Options: NHK Block Heater 95 ALW Pop Equip Grp 1,295 AWX Safe & Sound 1,395 Total $22,430 Exterior: Bright Silver Metallic Interior: Black Deliver unit & title documents to: Fleet Main Shop, 835 Wood Street, Fort Collins 970-221-6613 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 1 LOT EA 22,430.00 Total 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 1. COMMERCIAL DETAILS. Tax exemptions. By statute the Citv of Fort Collins is exempt from state and local taxes. Our Exemption Number is I L NONWAIVER, 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000597 is registered with the Collector of Failure of the Purchaser to insist upon strict performance ofthe terms and conditions hereof. failure or delay to Int,mal Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 3926. 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 ofthe 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 waruntics or obligations of this purchase order and shall not be dmmcd a waiver of any right of the damage in transit, may be rammed to you for credit and am act 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, mgnrdlcss instructions from the City of Fen Collins. of when shipped, received or accepted. as to any prior or subsequent default hereunder, nor shnll any purponod oral modification or d wission 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 response to this order can result in 12. ASSIGNMENTOF ANTITRUST CLAIMS. authorized payment on the part 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 ate 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 any and all claims it may now have our hereafter Freight Teats. Shipments must be F.O.B., City of Fort Collins, 700 Wood St, Fon 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 original freight purchased or acquirod 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. Where manufacturers have distributing points in videos pans of the country, shipment is Ifdhe Purchaser directs the Seiler to correct nonconforming or defective good by a date to he agreed upon 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 are made from greater distance. may cause the work to be perfcdmod 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 nreevany portraits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, terrimry or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seiler further agrees to hold the City of Fort Collins harmless food and against all liability and loss incurred by them by reason of no asserted or established violation of any such laws, regulations, ordinances, roles and requirements. Authorization. All panics to this contract agree that the mpresenatives are, 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 fourth and any supplementary or additional wants and conditions annexed hereto or incorporated herein by reference. Any additional m diffcnam terms 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 ofthe essence. Delivery and performance must be elTected 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 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 elsewhere and holding the Seller liable for damages. However, the Seiler shall not be liable for damages as a result of delays due to causes not reasonably fores,cablc which are beyond its reasonable control and wilhont its fault of negligence. such acts of God, acts ofcivil or military authorities. govemmcntal priorities, fires, strikes, food, epidemics, wars or riots provided that notice of the conditions caning such delay is given to the Purchaser within five (5) days of the time when the Scllcr 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 warrants that all good, articles, materials and work covered by this order 'rill conform with applicable drawings, specifications, samples and/or other description 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 agrar to hold the purchaser harmless Item any less. damage or expense which the Purchaser may suffer or incur on account ofthe Scllers 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 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 furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect ar defective ,rods done ar material, furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caned by the breach of any of the foregoing wamentics or guarantees, but such liability shall in no event include loss of profits or lass of use. NO I,M PLI ED 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 toms, other than legal terms, including additions to or deletions from the quantities originally ordered in the specification 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 be made. 6. TERMINATIONS. The Purehawr may at any time by written change order, terminate this agreement as to any or all pardons of the good 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 no be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or 'ork, for incidental or consequential damages, and that no such adjustment be made in favor of Seller with respect to any goads which arc the Sellers standard stock. No such termination shall relieve the Purchaser o, the Seller of any of their obligation 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. R. COMPLIANCE WITH LAW. The Seller warrants that all grads sold hereunder shall have been produced, sold, delivered and famished 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 to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seiler agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result ofthe 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 ofthe other party. 10. TITLE. The Scllcr warrants full, demand unrestricted till, to the Purchaser for all equipment materials, and items famished in performance of this agreement free and clear of any and all liens restue110M. reservations, security interest encumbrances aad claims of others. The Seller .shall release the Purchaser and its contractors of any tic, from all liability and claims of any nature resulting from the performance .1'such work. This release shall apply even is the event of fault of negligence of the parry released and shall extend to the directors, .ifreers and employees of such party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed our caused to be 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 handless 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 indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason ofsueh infringement at any time during the prosecution or after the completion of the work. In ease 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, either procure for the Purchaser the right to continue using said equipment or paces, replace the same with substantially equal but noninfringing equipment, or modify it so it bccemes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver m tdastee for any of the Sellers property or business, this order may fanhwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions Micrms used or the interpretation ofthc agreement and the rights ofall panics hereunder shall be construed under and govemed by the laws of the State of Colorado. USA. The following Additional Conditions apply only in cases where the Scllu is to perform work hereunder. including the services of Sellers Represenanve(s), on the premises ofothms. 17. SELLERS RESPONSIBILITY. The Seiler shall carry on said work at Scllers men nsk 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 Scllers final completion and acceptance, complete the work at Scllers own expense and to the satisfaction ofthe Purchaser. When materials and equipment arc famished by mhets for installation or erection by the Seller, the Seller shall receive, unload. store and handle same at the site and become responsible therefor as though such materials and/err equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, al his own expense, provide fur the payment ofworkem compensation. including occupational disease benefils. 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 ofthe state in which the work is to be done. 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 least S300.000 for any one person, S506.000 for any one accident and property damage limit per accident of S404000. The Seiler shall likewise require his contractors, if any, to provide f r such compensation and insurance. Before any of the Scllers or his contractors employees shall do any work upon the promises ofethers, 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 Scllcr 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 hereby assumes the entire responsibility and liability for any aad all damage. Inss or injury ofany kind or nature ahatseevet to persons or property caused by or resulting from the execution of the a ork provided for in this purchase order or in connection here' ith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchnsen officers, agents and employees from and against any and till claims, losses, damages. charges or expenses, whether direct or indirect, and whdhcr to persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Scllcr, any of his conductors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other pmccedings 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 of the Seiler of any of his contractors or any of its or Poeir officers. agents or employees as aforesaid. the Seller hereby agrees to assume the defense thereof and to defend the mme at the Sellers own expense, to pay any and all costs, charges, anomeys Res 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 ease judgment or other Iica be paced upon or obtained against the pmpcny ofthe Purchaser. or said parties in or as a result ofsuch suits or other pmccodimu, the Seller will at once cause the same to be dissolved and discharged by giving bond orotherwisc. The Seller and his contractors shall take all wfety precautions, furnish and install all guards necessary for the pmvention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1976 and all dales and regulations issued pursuant thcmto. Revised 03/2010