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HomeMy WebLinkAbout456448 FORT COLLINS CHRYSLER - PURCHASE ORDER - 9120157PURCHASE ORDER PO Number Page City Of 9120157 1 of 3 CollinsThis number must appear 1 1 on all invoices, packing `t slips and labels. Date: 01/09/2012 Vendor: 456448 Ship To: FLEET SERVICES - MAIN SHOP FORT COLLINS CHRYSLER CITY OF FORT COLLINS 3835 S COLLEGE AVE 835 WOOD ST FORT COLLINS Colorado 80525 FORT COLLINS Colorado 80521 Delivery Date: 01/09/2012 Buyer: JAMES HUME Note: Line Description Quantity Ordered UOM Unit Price Extended Price Blanket order to 1 LOT LS 8,000.00 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 goods and/or services. 2 Credit 1 LOT LS-800.00 3 Sublet - Wood 1 LOT LS 750.00 4 Sublet - Transfort 1 LOT LS 500.00 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 PO Number Page City, Of///��� 9120157 2 of 3 ' `t Collins This number must appear ` ` on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 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 Total Invoice Address: City of Fort Collins $8,450.00 Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 3 of 3 I. COMMERCIAL DETAILS. Tax exemptions. By st rota the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAI VER. 98-00502. Federal Excise Tax Exemption Cauth ale of Registry 84-6000587 is rc,ixto d with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hacof, failum or delay to Intenml Revenue, Denver, Colorado (Ref. Colorado Revised Stands 1973, Chapter 3926, 114 (a). exercise any rights or remedies provided hcrcin or by law, failure to promptly notify the Seller in the event of a beach, the acceptance of or payment fur goods hereunder or approval of the design, shall not release the Seller of Gods Rejected GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this 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 arc not to be replaced except upon receipt of wrinen purchaser to insist upon strict performance hereof or any of in rights or remedies as to any such goods, regardless instructions loom the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral mdification or rescission of this purchase under by the Purchaser operate as a waiver of any of the [ernes Inspection. GOODS arc subject to the City of For Collins inspection on anivul, Immot. Final Acceptance. Receipt of the merchandise, services or equipment in response to [his order can result in 12. ASSIGNMENIOF AN7 ITRUS'I' CLAIMS. authorized payment on the pan of the City of Fon Collins. However, it is to be understood that FINAL Seller and the Purcllawr recognize that in actual economic practice, overcharges resulting from antifmst ACCEPTANCE is dependent upon completion ofall applicable mquircd inspection proecdurcs. violations are in leer borne by the Purchaser. Theretofore, for god case and as consideration for executing this purchase order, the Seller homily assigns to the Purchaser any and all claims it may now have or h reader Freight Tams. Shipments meet be F.O.B., City of Fan Collins, 700 Wood St., Pon Collis, CO 80522, unless acquired under federal or state antitrust lases for such overcharges relating to the particular goods or services otherwise spccilid oa this order. If permission is given to prepay freight and charge separately, the original freight purchacd or acquired by'the Purchaser pursuant to this purchase order. bill most 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 Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the merest distribution point to destination, and excess freight will be deducted fmm Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made fmm greater distance. may cause the work to be perfornrnd by the nmst expeditious means available to it, and the Seller shall pay ull casts associated with such work. Pcrnit, Seller shall proton, at sellers sale cost all necessary permits, cenifiales and limiucs requited by all applicable laws, regulations, ordinance and rules of the state, municipality, military or political subdivision where the wufk is performed, or required by any other duly constituted public amhunty having jurisdiction over the work of veredor. Seller further agrees to bold the City of Fon Collis harmless front and against all liability and loss incurred by them by reason of an ussrned or established violation of any such laws, regulations, ordinances, mles and requircmens. Authorization. All panics to this contract agree that the represcntatires 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 terns and conditions stated hcrcin vet forth and any supplementary or additional mans and conditions annexed hereto or incorporated herein by reference. Any additional or ditTcrent terns and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT inhmediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the tittle stated on the purchase order and the documm�s umched harm. No nets of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this prevision, ]it the event of any delay, the Purchscr shall have, in addition to other legal aad equitable remedies, the option ofphiciag this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for dannages as a result of delays due to Cass not reasonably foreseeable which are beyond its reasonable control and without its fault ofragRgcnec, such ace ot-Gd, acts of civil or military authorities, go%cmrm,ntal priorities, fines, strikes, third, epidemics, wars or riots provided that notice of the conditions causing such ciday is given to the Purchaser within five (5) days of the time when the Seller fens received know'Icdge thereof. In the Went of any such delay, the dote of do] ivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. T'he Seller wunions that all gods, anodes, 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 pann real with the highest degree of arc unit 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 sufTcr or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or nude good, without cost to the purchaser, any defiers or faults arising within one (1) year or within such longer period of time as may be proscribed by law or by the toms ofany applicable warranty, provided by the Sella after the darn of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from importeet 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 warranty. Euept as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no went include loss of pmtits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. 'Ihc Purchaser may make changes to legal terms by wrinen change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tams, other than I,gal teases, including additions to or deletions from the quantities originally ordered in the specifications or dmw'ings, by verbal or written change order. If any such clange affects the amount due or the tin. of performance hereunder, an equitable adjustment shall be made. 6.1 ERMINATIONS. The Purchaser may at any time by wrinen change ruder, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the panic as to any work or materials then in pmgmss pmvidcd that the Purchaser shall rem ill liable for an,, claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damags, 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 of any of their obligations 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 lamination is ordered. S. 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 ducumens as ntay be required to el7cer or evidence compliance. All laws and regulations required to be incorporated in agreements of this character arc hereby incorporated herein by this reference The Seller agrees to indemnify and hold the Purchaser hamdeas from all costs and damages suffered by the Purchaser as a result of the Scllcrs failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or onto ey this order, or any monies due or to become due hereunder without the prior written consent of the other party. 10. 111 LE. 'Ihe Scllcr warrans full, clear and unrestricted title to the Purchaser for all equipnmm, materials, and items furnished in prl'onnance of this agreemera, lice and clear of any and all lies, restrictions, rescrvalimes, security interest encumbrances and claims of other,. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting front the performance fsuch work. This release shall apply even in the event of fault of negligence of the patty released and shall extend to the directors, ufieen and employees of such party. The Scllcrs contactual obligations, including warmory, shall not be doomed to be reduced, in any way, because such x'ork is performed or caused to be performed by the Purchaser. 14. PATENT'S. Whenever the So] let is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Sol let shall indemnity and save hornless 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 elm contract, and shall indennnffy the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such inhinganan al any time during the prosecution or after the completion of the work. In case said equipment, or any part 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 Sol let shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment m pans, replace the ..it, with suMtntrially equal but noninfringing equipmenl, or modify if so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall beconae insolvent or bankrupt, make an assignment for the benefit of credilon, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be eanecld by the Purchaser without liability. 16. GOVERNING LAW. The dcliaitime, of Corm, used or the interpretation oftlm agreement and the rights ofall panics hereunder shall be consol d under and governed by the Imes ofthe Slate of Colorado, USA. The tidlowing Additional Conditions apply only in caves where the Seller is to perform work hereunder, including the services of Seller Rcpmwoautivo(s), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall curry oa said work al Scllcrs 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 Scllcrs fatal completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erchon by the Seller, the Seller shall receive, unload, store anal handle same at the site and become responsible themfor as though such materials and/or equipment were being furnished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase older, and/or to their dependents in accordance with the lases 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 ha st S300,000 for any one person, S500,000 for any one occident and property damage limit per accident of S400,000. The Sella shall likewise require his contractors, if any, to provide for such conpensation and insurance. Before any of the Scllcrs or his contractors empluyces shall do any work Open the premises ofothers, the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have been provided. Such cenificaLLs shall specify the date when such compensation and insurance have been provided. Such cenificafes shall specify the date when such compensation and insurance expires. The Seller ugmes that such compensation and insurance shall be n.unwin d ..,it after, the entire work is completed and accepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assures the entire rspusibility and liability for any and all dunnage, loss or injury orally kind or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. 'I he Seller will indemnify and hold harmless the Purchaser and any on all of the Pmchaax o0iccrs, agents and employees I'mm and against any and all claims, losses, da iriges, charges or expenses, whether direct or andiron, 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 Sellers or contractors of iecrs, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its oRcas, agents or employes at any time on account or by reson of any act, action, neglect, oneision or default of the Seller of any of his contractors or any of its or their officers, agents or employees s aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any aad all costs, charge, anomcys lees and other expenss, any read all judgmems that may be incurred by car obtained against the Purchaser or any of is or their officer,, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained ugainst the property of the Purchaser, or said panics in or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or uthcnvix. T'he Seller and his cuummlors shall take all safety pncautios, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulutions with regard to safety including, but without limitation, the Occupational Safety and Health Acf of 1970 and all rules and regulations issued pursuant thereto. Revised 03/2010