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HomeMy WebLinkAbout103239 AUTO ELECTRIC SERVICE & EXCHANGE - PURCHASE ORDER - 9120070PURCHASE ORDER PO Number Page City of 9120070 1 of z ' `t Collins This number must appear on all invoices, packing slips and labels. Date: 01/06/2012 Vendor: 103239 AUTO ELECTRIC SERVICE & EXCHANGE 1817 HEATH PKWY FORT COLLINS Colorado 80524-2720 Ship To: FLEET SERVICES - MAIN SHOP CITY OF FORT COLLINS 835 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 01/06/2012 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price Blanket order to cover the cost of miscellaneous parts for fiscal year 2012. All deliveries shall be made upon request of City Parts department only. All deliveries to be accompanied by an invoice or packing slip. This purchase order is for the procurement of goods and/or services, as needed during the current fiscal year. Dollar amounts specified are estimates and not a promise to purchase any minimum amount of qoods and/or services. 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 LS 4,000.00 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 City of Fort Collins is exempt form state and local taxes, Our Exemption Number is 99-04502. Federal Excise Tax Exemption Certificate of Registry 54-6000557 is registered with the Collector of Internal Revenue, Denver. Colorado (Ref. Colorado Revised Satutcs 1973, Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specification. eitha when shipped or due to defects of damage in transit. may be rcntrnal to you for credit and are not to be replaced except upon receipt of written instruction, form the City of Fort Collins. Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon strict perfomance of the terms and conditions hereof. failure or delay to 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 nr approval of the design, shall not release the Seller of any of the ormantics or obligations of this purchase order and shall not he deemed a waiver of any right of the purchaser to insist upon strict performance haeofor any ofits rights or remedies as to any such goods, regardless of when shipped, received of accepted. as to any prior or subsequent default hereunder. nor shall any purported nml modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the nerms hereof. Final Acceptance. Receipt of the merchandise, 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 Fort Collins However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice overcharges resulting fount antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures, violations are in fact borne by the Purchaser. Theretofore, for grad 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 required under federal or state antitrust Imes for such overcharges relating to the particular goods or services otha,im specified oa this order. If permission is given to prepay freight and charge sci a ately, 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. Where manufacturers have distributing points in various pans of the country, shipment is If the Purchase, directs the Seller to correct nonconforming or defective goods by n date to be 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,find the Seller thereafter indicates its inability or unwillingness to comply, the Purehaser shipments are made from 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 proeurc at sellers sole cost all necessary permits, 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 Fort Collins harmless form and against all liability and Ines incurred by them by reason of an ascned or established violation of any such Imes, regulations ordinances, rules and requirements. Aulharization. All panics to this contract agree that the representatives are, in fact. bona ride and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Oder expressly limits acceptance to the toms and conditions stated herein set forth and any supplement.ry or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposal 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 esence. 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 of this provision. In the even of anv 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 Scllcr shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence. such act of God, acts of civil or military authorities, governmental priorities, fires. strikes. food, epidemics scars or riots provided 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 knmvledge thereof. In the event of any such delay, the date of dcl ivory shall be extended for the period equal to the time actually lost by reason of the 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 care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any Inss damage or expense which the Purchaser may su Hcr or incur on account of the Sellers breach of wamnty. The Salle, 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 ifcf the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), reselling from imperfect or defectivc work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim Linda this warranty . Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach crony of the foregoing wnmmicx or guarantees, but such liability shall in no event include loss of profits or loss arose. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANCES 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 addition to or deletions fan 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 ofperformance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment betwren the parties 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 Lumber work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which am the Sellers standard stock. No such Lamination shall relieve the Purchaser or the Seller crony of their obligations as to any gads delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustnem must be asserted within thirty (30) days from the date the change or teminntion is ordered. R. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have ban 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 elect or evidence compliance All laws and regulations required to be incorporated in agTccntcnts of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a resull of the Sellers failure to comply with such Inw. 9. ASSIGNMENT. Neither party 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 svamnts 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 encumbrances and claims ofothcrs. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature recalling 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, nffieco, and clttployce( ofloch party. The Seller's contractual obligations, including wamnty, shall not be deemed to be reduced, in any way, because such work is performed or caused to he 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 harmless the Purchaser fmm any and all claims for infringement by reason of the use of such patented design, device, material or pmccs 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 gads. is in such snit held 10 constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option. either pmeure for the Purchaser the right to continue using said equipment or pans replace the same with substantially equal but noninfringing equipment, or modify it se it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the herefit of creditors, appoint e receiver or trustee for any of the Sellers property or business this order may forthwith be canceled by the Purchaser withom liability. 16. GOVERNING LAW. The definitions oftems used or the interpretation ofthe agreement and the rights ofall parties hereunder shall be consumed under and governed by the laws ofthc State ofColondo. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Sell m Representativas), on the premises of others. 17. SELLERS RESPONSIBILITY. 4'he 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 mntainIs before Seller's final completion and .acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchascr. When materials and equipment are furnished by others for installation or erection by the Scllet, the Scllcr shall receive unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were beirag furnished by the Seller Linda the order. 19. INSURANCE. The Seller shot 1, at his own expense. provide for the payment of workers compensation, including occupational disease bencrits, 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 entry comprehensive grncml liability including. but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at (cast 5300.000 for any one person, 5500,000 for any one accident and pmperty damage limit per accident of S400.000. The Seller shall likewise require his contractors, irony. to provide for such compensation and insumnex. Before any of the Sellers or his contractors employees shall do any work upon the premises ofothcrs, the Seller shall furnish the Purchaser with a ceni0eatc that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and inssurancc have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shalt be maintained until after the emlle 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 whatsecvcr 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 harmles the Purchaser and any or fill of the Purchasers oReers, agents and employees fmm 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 he pat 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 Sellers 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 many lime on aeemmt 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 hachy 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 suits or other proceedings, and in case judgment or other lies be placed upon or obtained against the property of the Purchaser, or said parties in or ass a result of such suits or other proceedings. the Seller will m once cause the same 10 be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall aka all safely precautions, furnish and install all guards 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