HomeMy WebLinkAbout265614 ADVANCED TRANSMISSION & CLUTCH - PURCHASE ORDER - 9120504City of
wort Collins
Date: 01/27/2012
PURCHASE ORDER
Vendor: 265614
ADVANCED TRANSMISSION & CLUTCH
216 RACQUETTE DR #7
FORT COLLINS Colorado 80524
PO Number Page
9120504 1o12
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: 01/26/2012 Buyer: JAMES HUME
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
I Transmission Repairs
Blanket order to
cover the cost of sublet work for fiscal year 2012.
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 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
Total
Invoice Address:
10,000.00
$1
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
Page 2 of 2
I. COMMERCIAL DETAILS.
Tax exemptions. By staNte the City of Fort Collins is exempt harmonic and local taxes. Our Exemption Number is
98-0W502. Federal Excise Tax Exemption Certificate of Registry 84-61100597 is rcgoaceed with the Collector of
Internal Revenue. Denver, Colomdo (Ref. Colorado Revised Statutes 1973. Chnptcr 39-26, 114 (a).
Goads Rejected. GOODS REJECTED due to failure to racer specificationw, either when shipped or due to defects of
damage in transit, may be rctumed to you for credit and ate not to be replaced except upon receipt of written
instructions from the City of Fen Collins.
Inspection. GOODS arc subject to the City of Fen Collins inspection on arrival.
11. NONWAfVER.
Failure of the Purchaser to insist upon strict performance 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 bacteria or approval ofihe design, shall not rcicow the Seller of
any ofthe +rarrantics or obligations of this purchase order and shall not be deemed a waiver artery right of the
purchaser to insist upon strict performance hercofor any of its rights or remedies as to any such goods, regardless
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any pawned
oral modification a rescission of this purchase order by the Purchaser operate as a waiver of any of the terms
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 Fen Collins, However. it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice. overcharges resulting from antimest
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 anv and all claims it may now have or hereafter
Freight Terms. Shipments most be F.O.B., City of Fen Collins. 700 Wood St., Fen Collins, CO R0522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular galls 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 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 form the nattiest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Scicr, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
shipments are made form 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 w ith such work.
Permits. Seller shall procure at sellers sole cast all necessary permits, certificates and licenses required by all
applicable laws, regulations, ordinances and roles ofthe state, municipality, territory or political subdivision where
the work is performed, or required by tiny other duly cauratituted public authority having jurisdiction over the work
of vendor. Seller further agrees to hold the City of Fen Collins harmless from and against all liability and loss
incurred by them by mason after asserted or established violation of any such Ines, regulations, ordinances, mles
and requirements.
Authorization. All parties to this contract agree that the mpresentativa arc, in fact. bona fide and possess fill] 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 all conditions proposed 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
promised delivery date as noted. Time is of the essence. Delivery and performance most be efTecled within the time
stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
limitation, acceptance ofpartial ]ate deliveries, shall opemtc as a waiver of this provision. In the event of any delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option ofpineing this order elsewhere
and holding the Seiler liable for damages. However, the Sella shall not be liable for damages as a result of delays
due to causes not reasonably fines ccable which am beyond its reasonable control and without its fault of negligence,
such act, of God. acts of civil or military authontics, gmemmentel panties, fires, strikes. Bond, epidemics, one; 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 event of any such delay, the date of delivery shall be
extended for the paiod 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 loss, damage or expense which the
Purchaser may suffer or incur on account ofthe Sellers breach of wantnry. The Scllcr 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 array applicable warranty provided by the Seller after the date of
acceptance ofthe goods fumished hereunder (acceptance not to be unreasonably delayer), resulting from imperfect
or defective work done or materials fumished by the Seller. Acceptance or use of goods by the Pumhascr shall not
constitute a waiver artery claim under this warranty. Except as otherwise pmvidcd in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any ofthe foregoing ware ones
or guarantees, but such liability shall in no event include loss ofpmfits or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANCES IN LEGAL TERMS.
The Purchaser mnv make changes to legal terms by written change order.
5. CHANCES IN COMMERCIAL TERMS,
The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from
the quantities originally ordered in the specifications or drawings, by verbal or wnittco change order. If any such
change affects the amount due or the time ofpaformancc hereunder, an equitable adjustment shall he made.
6. TERMINATIONS.
The Pumhascr may at any time by wrinen change order, terminate this agencre nt 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
progres provided that the Pumhascr shall not be liable for any claims for anticipated petits 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 good which are the Sellers; standard stuck. No such lamination shall relieve
the Parchasa or the Scllcr array of their obligations as to any goods delivered heeunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be assMed within thiny (30) days from the date the change or termination is
ordered.
S. COMPLIANCE WITH LAW.
The Seiler warrants that all goods sold hereunder shall have been produced, sold, delivered and famished 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 at 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 harmless from all costs and damages suffered by the Purchaser us a result ofthe
Scllcrs 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
poor written consent ofthe other parry.
if. TITLE.
The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment materials, and items furnished
in performance of this agreement, Gee and clear of any and all liens, restrictions, reservations, security interest
encumbrances and claims ofothcrs.
The Sellershall release the Purchaser and its contractors of any her from all liability and claims of any nature
resulting from the pe( roman¢ 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, officers and employees ofsech party.
The Sellers contractual obligations, including warranty, shall not be domed to be reduced. in any way, because
such work is perforated or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, material or pmeess 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, device, material or pmeess 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 cam said equipment. ar
anv pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of
said equipment or part is enjoined, the Seller shall, at its own expense and at its option, citha pmeurc for the
Purchaser the right to continue using said equipment or parts replace the more with substantially equal but
noninfringing equipment, or modify it so it becomes anninfringing.
15ANSOLVENCY.
If the Seller shall become insolvent or bankrupt, retake 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 terns used or the interpretation of the agrecmcot and the rights ofell panics hereunder shall be
construed under and governed by the laws ofthe State of Colomdo, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the services OFShcers Representative(s), on the pmmises ofothers.
17. SELLERS RESPONSIBILITY,
The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall,
in case of anv accident, destruction or injury to the work and/or materials before Seller's final completion and
acceptance, complete the work. at Seller's own cxpcnsc and to the satisfaction ofthe Purchaser. When materials
and equipment arc famished by others for installation or erection 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 hating furnished by the Seller under the order.
IR. 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 order,
and/or to their dependent in accordance with the laws of the state in which the work is to be done. The Seiler
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 anyone person. S500,000 for any
one accident and property damage limit per accident of S400.000. The Seller shall likewise require his
contractors, truce, to provide for such compensation and insurance. Before any ofthe Sellers or his contractors
employees shall do any work upon the premises ofothcrs, the Sellershall fi mish the Purchaser with a certificate
that such compensation and insurance have been provided. Such certificates shall specify the date when such
compenwoon 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 after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES,
The Scllcr hereby assumes inc entire responsibility and liability for any and all damage, lesser injury ofany kind
or nature whatsoever to persons or property caused by Or resulting from the execution ofthe work provided for in
this purchase indictor in connection herewith. The Seller will indemnify and hold hamdcc 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, whether dims or indirect, and whether to persons or prepare 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 anv of the Sellers or comraaers of ors, agents or employees. In case any suit or other
proceedings shall be brought against the Purchase,, m its ofcers, agents or employees at any time on account or
by reason of any act, action, neglect, omission or default of the Seiler of any of his contractors or agrees any of its or
their officers, agents or employees as aforesaid, the Seller hereby agrs to assume the defense thereof and to
defend the same at the Scllcrs oven expense. to pay any and all costs, charges, attorneys fast and other expenses.
any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their ofBcas.
agents or employees in such suits or other proceedings. and in caw judgment or other lien be placed upon or
obtained against the property of the Purchawr, or said parties 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 band or otherwise. The Seller and
his contractors shall take all safety precautions, famish and install all gnarl 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 mlcs and regulations island pursuant therein.
Revised 03/2010