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HomeMy WebLinkAbout458489 CENTENNIAL LEASING & SALES OF NORTHERN CO - PURCHASE ORDER - 9120206PURCHASE ORDER PO Number Page City of 9120206 1 of 2 Fort Collins This number must appear on all invoices, packing slips and labels. Date: 01/11/2012 Vendor: 458489 Ship To: POLICE DEPARTMENT CENTENNIAL LEASING & SALES OF NORTHERN COLORADO 4730 S COLLEGE AVE #102 FORT COLLINS Colorado 80525 40 o POLICE SERVICES 2221 TIMBERLINE ROAD FORT COLLINS Colorado 80525 Delivery Date: 01/11/2012 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2012 Tundra Lease 1 LOT LS 11,604.00 VIN 5TFUM5F12CX028994 to cover lease payments for 2012. Dept: Police Deliver unit to: Fleet Main Shop, 835 Wood Street, Fort Collins 221-6613 Total 11 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 L COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fon Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 846000587 is registered with the Collector of Failure ofthe Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). exercise any rights or remedies provided heroin or by law, failure to promptly notify the Seller in the event of a breach. the acceptance ofor payment for grads hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the were mics or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be remmcd to you for credit and are not 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 goads, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder. nor shall any purported oral modification or rescissi an of this purchase order by the Pumhascr 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 A NTITRUST 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 achial economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations arc in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase color, the Seller hereby assigns to the Purchaser any and all claims it may now have or hercaRcr Freight Tenn%. Shipments must be F.O.B.. City of Fort Collins, 700 Wood St., Fart Collins. CO 80522. unless acquired tinder 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 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 parts of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective grads by a 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 Scllcr, and the Seller thereat cr indicates its inability or unwillingness to comply, the Purchaser shipments arc made from greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pav all costs associated with such work. Permits Seller Shall procure at Sellers sale cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and mles of the state, municipality, territory or political subdivision whore the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of Similar. Seller former agrees to hold The City of Fort Collins hamdess from and against all liability and loss incurred by them by reason of an as%ened or established winlation of any such laws, regulations, ordinances. rules cad requirements. Amhamation. 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 stated 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 are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to raise on your promised delivery date as noted. Time is ofthe essence. Delivery and performance most 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 penal late dcliecrics, 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. HOwavcr, the Sellershall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence. such acts of God, acts ofcivil or military authorities. governmental priorities, fims, strikes, food, epidemics, wars or riot 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 event of any sack 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 warrant, that all grads, articles, materials and work covered by this order will conform with applicable drawings, Specifications, mmplcs and/or other descriptions given, will be fit for the purposes intended, and pmformil 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 purebscr harmless form any loss, damage or expense which the Purchaser may Suffer or incur on neonatal of The Sellers breach of warranty. The Seller shall replace, repair or make good, without to the purchaser. any defects or faults arising within one (1) year or within such longer perind of time as may be prescribed by law or by the turns of any applicable wimmuty provided by the Seller ancr the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting front imperfect or defective work done ar materials Finished by the Seller. Acceptance or use of goods by the Purchaser Shall net constitute a waiver ofany claim under this wartenty. Except as otherwise pmvidcd in this purchase order. the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing onomatics 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 tears by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms. other than legal terms, including additions to or deletions from the quantities ongiaally ordered in the specifications or drawings, by verbal or .written change order. If nay such change affects the amount due or the time of perfomance hcrmmder, 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 bcnvecn the parties as to any work or materials then in Progress provided that the Purchamr shall not be liable for any claims for anticipated profits on the uncompleted portion of the 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 Pumhascr or the Seller ofany of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days form the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods Sold hereunder shall have been produced, sold, delivered and fumishcd in strict compliance with all applicable laws and regulations to which the goods are Subject. The Seller shall execute and deliver such documents as may be required to effect orevideme eompliamc. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated heroin by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 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 warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items finished in performance of this agreement free and clear of any and all liens, restrictions, reservations, security interest encumbrance, and claims of others. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting front the performance of sach work. This release shall apply even in the event of fault of negligence of the pare, released and shall extend to the directors, officers and employees of such party. The Seller's contractual obligations, including Siam. my, shall not he deemed to be reduced, in any way, because such work is performed or 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 harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, do%ice, 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 n(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 own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify use it becomes noninfringing. 15. INSOLVENCY. If the Seller Shall become insolvent or bankrupt make an assignment for the benefit of creditors, appoint a receiver or tmstce far any of the Scllcr, property or business, this order may forthwith be canceled by the Pumh:ucr without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation ofthe agreement and the rights ofall parties hereunder shall be consuved under and gnvcmcd by The laws ofthe State of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services MSellcm Reprcscrifi ive(s), on the promises ofothem, 17. SELLERS RESPONSIBILITY. The Seller shall carry on mid work at Seller's own nsk until the mine is fully completed and accepted, and shall, in case of any accident, do traction 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 fumishcd by rdhom for installation or cre Lion by the Seller, the Seller 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 employees employed on at 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 Shill also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance .with hrxtily ininry and death limits ,far least 5300,000 for any one person. S500.000 tar any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his cmttraaers. if any, to provide fir such compensation and insurance. Before any ofthe Sellers or his contorcums employees shall do any work upon the premises of others, the Seller shall furnish 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 Seller agrees that such compensation and insurance shall be maintained until aficr the entire Wmk is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability fm any and all damage loss or injury ofany kind or nature whitsmver to persons or pmperty caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchnscr, officers, agents and employees from 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 net, action, neglect omission or default on the pan of the Seller, any of his contractors, or any of the Scllcrs or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its affects, agents or employces at any time on accomn or he 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 s me at the Scllcrs own cspcn c, to pay any and all costs, charges, attomces 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 suit or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of The Purchaser, or Said parties in or as a result of such suits or other proceedings, the Seller will tit once cause the mac to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish 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 mles and regulations issued pursuant thereto. Revised 03/2010