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HomeMy WebLinkAbout210548 MAACO AUTO PAINTING & BODYWORKS CNTR - PURCHASE ORDER - 9120091PURCHASE ORDER PO Number Page City Of` 1 1 9120091 1 of 2 `t Col I „s This number must appear on all invoices, packing slips and labels. Date: 01/06/2012 Vendor: 210548 Ship To: FLEET SERVICES - MAIN SHOP MAACO AUTO PAINTING & BODYWORKS CNTR CITY OF FORT COLLINS 1617 E MULBERRY AVE 835 WOOD ST FORT COLLINS Colorado 80524 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 1 LOT LS 4,000.00 cover the cost of body work for fiscal year 2012. All deliveries shall be made upon request of City Shop personnel only. All deliveries to be accompanied by an invoice or job ticket. 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 goods 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 11, 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: $4,000.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Ternts and Conditions Page 2 of 2 I. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fan Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Fcdoral Excise Tess Exemption Certificate of Registry, 54-6000557 is registered with the Collector of Failum ofthe Punhnmr to insist upon strict performance of the terms and conditions hereof, failure or delay to tactual 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 ncceptancc ofor payment for goods hereunder or approval ofthe design, shall not rcicase the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of dus purchase order and shall not be deemed a waiver of any right of the damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance bacofor any of its rights or remedies as to any such goods, regardless instructions fmm the City of Fan 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 are 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. ASSIGNM ENT OF ANTITR UST CLA I M S. authorized payment on the pan of the City of Fan Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting fmm antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact home 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 Or haca0cr Freight Terms. Shipments must be F.O.B., City of Fan Collins, 700 Wood St Fort Collins. CO 80522. unless acquired under federal or state antitrust Imes for such overcharges relating to the particular good or services otherwise specified on this order. If pconission is gircn to prepay freight and charge separately, the original freight purchased orncquired by the Parchnur pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will mark accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is If the Parchoser directs the Seller to correct nonconforming or defective goods by a date robe agreed upon by the expected fmm the nearest distribution prim to destination, and excess freight will be deducted from Invoice when Purchaser and the Scllcr, and the Seller thercaftor indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distance. may cause the work to be performed by the most expeditions means available to it, and the Seller shall pay all costs associated with such work. Permits Seller shall procure at edlas sole cost all necessary permits, certificates and licenses required by all applicable lases, regulations. Ordinances and roles ofthe state, municipality, territory an political subdivision where the work is performed, or required by any other duly constipated public authority having jurisdiction over the work of vendor. Seller fattier agrees to hold The City of Fan Collins hornless from and against all liability and loss incurred by them by reason of an asserted or established violation ofany such laws, regulations, ordinances rules 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 Purchase Order expressly limits acceptance to the terms and conditions strict] 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 ore 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 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 Sella shall not be liable for damages as a result of delays due to causes not reasonably foresomble which am beyond its mosonable control and without its fault ofnegligence. such acts of Gmd. act, ofeivil or military authorities, governmental priorities, fires, strikes. Bond, epidemics, wars 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 knowledge thereof. In the went of any such delay, the date of delivery shall be extended for the period equal to the time actually last by reason ofthe delay. 3. WARRANTY. The Seller warns that NI 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 fmm any loss, damage or expense which the Purchaser may suffer or incur on account of the Scllcrs breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (U year or within such longer period of time as may he prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the goads furnished hereunder (aacptame 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 ofany claim under this wamnty. Except as otherwise provided in this purchase order, the Scllcrs liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wamnties or guarantees, but such liability shall in no crept 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 terms by oTitten 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 onginAly ordered in the specifications or dmwings, by verbal or written change order. If any vich change affects the amount due or the time of perfomanec hereunder, an equitable adjustment shall he 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 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 ofthe goods 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 Sellers standard stock. No such termination shall relieve the Purchaser or the Seller ofany of their obligations as to any goods dclirered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjusment must be asserted within thirty (30) days fmm the date the change or temtiaation is ordered. R. 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 documens as may be required to effect orevidenec compliance. All laws and regulations required to he incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hatless fmm all costs and damages suffered by the Purchaser as a result of Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to became due hercunda without the prior written consent of the other parry. 10. TITLE. The Scllcr worms full, clear and mums. riled 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, mscrcmions, security interest encumbrances and claims of others. The Seller shall rcicase the Punhzsa and its contractors ofany tier from all liability and claims of any nature resulting fmm the performance ofsuch work, This release shall apply even in the went of fault of negligence of the party released and shall extend to the durctom, officers and employees of such party. The Seller's contraepaal obligations, including wam, my. shall not be deemed to be reduced, in any way, because such work is perfomrcd or caused in he performed by the Purchaser. 14. PATENTS, Whenever the Seller is required to use tiny design, device, material or process covered by later, patent, trademark or copyright, the Seller shall indemnify and save huntress 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 of such infringement at any time during the prosecution or after the completion ofthe work. In case said equipment. or any pan thereof or the intadal 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 pmcurc for the Purchaser the right In continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes nomalringing. 15ANSOLVENCY. If the Seller shall become insolvent Or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business. this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation ofthe agreement and the rights ofnll panics hereunder shall be enamored under and greened by the lasts ofthe State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to pafom work hereunder. including the sen ices of Sellers Representative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall tarty on amid work at Seller's own risk until the more 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 al Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by the Scllcr, the Sella shall receive, unload. store and handle same at The site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. 19. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its anployces employed on or in connection with the work covered by this purchase order. and/or to their dependents in accordnec with the laws ofthe state in which the work is to be door. The Sella shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily inpry and death limits of at least 5306.000 far any one pemon, 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 insurance. Before any of the Sellers or his contractors employees shall do nny work upon the premises of others, the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have been pmvided. Such ecnifieates shall specify the date when such compensation and insurance have been provided. Such eenifintes shall specify the date when such compensation and insurance expires. The Scllcr agrees that such compensation and insurance shall be maintained until a0cr the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller batchv assumes the entire responsibility and liability for any and all damage. loss or injury ofany kind or nature whatsoever to persons or property, caused by or resulting from the execution ofthe work provided far in this purchase order or in connection hcrovith. The Seller will indemnify and hold hamlcss 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, wheher direct or indirect. and whether to pasons or popcny to which the Purchaser may be put or subject by mawn of any act action, neglect, omission or default on the part of the Seller, any of his contractors, or any of the Scllcrs or contnetom 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 Sella of any of his contractors 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, attorcys fees and other expenses, any and all judgments that may be incumd by or obtained against the Purchaser or any of its or their ofimers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, Or said panics in or as a result of such suits or other proceedings, the Seller will at Once use the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, furnish and install all guards necessary for The prevention of accidents, comply with all laws end regulations with regard to safety including, but without limitation, the Occupational Safcry and Health Act of 1970 end all roles and regulations issued pursuant thereto. Revised 03/2010