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HomeMy WebLinkAbout496637 EHRLICH VEHICLES INC - PURCHASE ORDER - 9117582Fort Collins Date: 12/22/2011 Vendor: 496637 EHRLICH VEHICLES INC 2625 35TH AVE GREELEY Colorado 80537 PURCHASE ORDER PO Number Page 9117582 tofz 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: 12/22/2011 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 2 each, Nissan NV 2500 1 LOT EA 51,854.00 Low roof V6 vans 2 1 each, Nissan NV 2500 1 LOT EA 25,927.00 Low roof V6 van per quote dated 12-20-11, Attn: Phillip Cisneros Dept: Facilities City contact: Jim Hume, 970-221-6776 Deliver vehicles and title documents to: Fleet Main Shop, 835 Wood Street, Fort Collins 970-221-6613 Total 781.00 Invoice Address: 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 City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fen Collins is exempt fmm state and local rasa. Our Exemption Number is 11. NONWA1VER. 9R-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 (Rcf. Colorado Revised Statutes 1973. Chapter 39 26. 114 (a). exercise any rights or remedies pmvidcd herein or by law, failure to pmniptly notify the Seller in the event of a breach, the acceptance ofor payment for good hereunder or approval ofthe design, shall not release the Seller of Goods Rejected, GOODS REJECTED due to failure to meet specifications, citha when shipped or due to defects of any of the is luxurnics or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be retuned to you for credit and arc not to be replaced except upon receipt of written Purchaser to insist upon strict performance Immofor any of its rights or remedies as to any such goods, regardless instructions fmm the City of Fun Collins. of when shipped, received or accepted, as to any prior or subsequent dcfnult hereunder. nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the tennis Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hcmnf. Final Acceptance. Receipt of the mcmhandise services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fen Collins. However. it is to be understood thin FINAL Scllcr and the Pumhascr recognize that in actual economic practice, overcharges resulting firm antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures, violations arc in fact home by the Pumhascr. Theretofore, for good cause and as consideration for executing this purchase order. the Seller hereby assigns to the Pumhascr 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 R0522, 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 pursuant to this purchase orden bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS, Shipment Distance. Where manufactumm have distributing points in various pans of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected fmm the nmrest distribution point to destination. and execs freight will be deducted from Invoice when Pumhascr and the Scllcr, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made fmm 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 procure at sellers We cast all necessary permits certificates and licenses required by all applicable laws, regulations. ordinances and miss of the state, municipality, territory or political mbdivision where the work is perfomted, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller finther agrees to hold the City of Fen Collins harmless fmm and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requirement.,. Authorization. All parties to this contract agree that the rclimsenmtives are. in fact. bona fide and posscm 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 additional or different tents and conditions pmposcd 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 pmmised delivery date as noted. Time is of the essence. Delivery and performance must he effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including. without limitation, acceptance ofpartial late deliveries, shall operate as a waiver ofthis prevision. 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 an beyond its reasonable control and without its fault ofnegligenee. such acts fGM. acts ofcivil or military authorities, gominnum cal priorities, fires, mikes, fiord, epidemics wars or riots pmvidcd that notice of the conditions causing mch delay is given to the Purchaser within five (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 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 drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of can and competence in accordance with accepted standard for work of a similar nature. The Seller agrees to hold the purchaser harmless from any Ions, damage or expense which the Purchaser may sufrcr or incur on account of the Sellers 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 pmseribed by law or by the terms of any applicable warranty provided by the Sell let after the date of acceptance of the goods famished hcmu rider (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 a waiver of any claim under this warranty. Except as mherwise pmvidcd in this purchase order, the Scllcrs liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wam, mics or guarantees, but such liability shall in no event include loss of profits 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 terns by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Pumhascr may make any changes to the term, other than legal term, including additions to or deletions fmm the quantities originally ordered in the speeifieatioas 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 Purchaser may at any time by written change order, mmunate 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 progress pmvidcd that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion ofthe good and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which arc the Scllcrs standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any good.; delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be amcned within thirty (30) days front the date the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been pmduccd. sold, delivered and fumishcd 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 mgulations required to be incorpomted in agreements of this character am hereby incorporated herein by this reference The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Pumhascr 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 party. 10. TITLE. The Seller worn full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in pefnrmanm of this agreement free and clear of any and all liens, restrictions, reservation, security interest encumbrances and claims ofothers. The Sel her shall release the Purchaser and its contmctnrs of anv tier from all liability and claims of any nature resulting from the perfommnce of such work. This release shall apply even in the event of fault of negligence of the parry released and .shall extend to the directors, nfrcete and employees of such party. The Sellers commcmxl obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is perforated or caused to be performed by the Pumbaser. 14. PATENTS. R'henever 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 hamiless 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 shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason ofsuch infringement at any time during the pmsecutinn or aficr 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 corn expense and at its option, either pmcum for the Purchaser the right to Continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes neninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt make nn assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers pmperty or business, this order may forthwith he canceled by the P.mMsar without liability. 16. GOVERNING LAW. The definitions oftems used or the interpretation ofthc agreement and the rights ofall parties hemander shall be construed under and governed by the laws ofthe State of Colomdo. USA. The fallowing Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Scllcrs Representative(s), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Scller 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 Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seller. the Seller shall receive, unload, stare and handle same at the site and become responsible therefor as though such materials and/or equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including oceupational 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 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, 5500.000 for any one accident and pmNny 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 contmctnrs employees shall do any work upon the premises of others, the Scllcr shall famish the Purchaser with a certificate that such compensation and insurance have been pmvidcd. Such cenificams shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such eompensuncit 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 hereby assumes the entire responsibility and liability for any and all damage. loss or injury ofany kind or nature whatsoever to persons ru propem caused by or resulting from the execution of the work pmvidcd for in this purchase orderor in connection herewith. The Seller will indemnify and hold hapless the Purchaser and any or rill of the Pumhascrs officers, agents and employees fern 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 of any act, action. neglect omission or default on the pan of the Seller, any of his contractors, or any of the Sellcm 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 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 oRcem, 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 officers. agents or employees in such nits or other pmecedinp, and in case judgment or other lien be placed upon or obtained against the property ofthe Pumhascr, or said panics in or as a result ofmch suits or other proceedings, the Seller will at once cause the same to be dismlred and discharged by giving bond or otherwise. The Seller and his contractors shall take all mfcty precautions. furnish and install x11 guard necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including. but without limitation, the Occupational Safc y and Health Act of 1970 and all rules and regulations issued pursuant themto. Revised 0312010