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HomeMy WebLinkAbout102586 SPRADLEY BARR FORD INC - PURCHASE ORDER - 9120675PURCHASE ORDER PO Number Page City Of9120675 1 of 2 ppear C^r} CollinsCon all invoices, pacst king ,�-,J`-' ` J on all invoices, packing slips and labels. Date: 02/0112012 Vendor: 102586 SPRADLEY BARR FORD INC PO BOX 270710 FORT COLLINS Colorado 80527-0710 4Ir Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS Colorado 80524 Delivery Date: 02/01/2012 V Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 2 each - Ford F-150 SC 4x4 pickups PER 1-20-12 PRICE QUOTE. Attn: Paul Phillips Dept: Streets Fleet ID: QA494 Deliver vehicles & title documents to: Fleet Main Shot). 835 Wood Street. Fort Collins 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: 51,074.00 $51 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 Tom Collins is exempt fmm state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-0H502. Federal Excise Tax Exemption Certificate of Regis" 84-6000597 is registered .with the Collector of Failure of the Purchaser, In insist upon strict performance of the terms and conditions hereof, failure or ddav to Interval Revenue, Denver, Colorado (Rct: Colorado Revised Statutes 1973, Chapter 39 26, 114 (a), exercise any rights or remedics pm%ided herein or by Irv, failure to promptly notify the Seller in the aunt of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specification.%, cithcr when shipped or due to defects of any of the wmmrtics 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 upun receipt of written purchaser to insist upon strict performance hereof., any of its rights or remedies as to any such goods, regardless instructions from the City of Pon Collins. of when shipped. received or accepted as to any prior or subsequent default hereunder, nor shall any purported oral Pe dificntion or rescission of this purchase order by the Purchaser operate as a waiver ofany of the terms Inspection. GOODS am subject to the City effort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise. services err equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authariaed payment on the pan of the City of Fort Collins. However. it is to be understond that FINAL Seller and the Purchawr recognize that in actual economic practice, overcharges resulting fmm antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact borne by the PLtMhaser. 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 hereafter Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 50522, unless acquired under 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 (might and charge sepantcly, the original freight purchased or acquired by the Purchaser pursuant to this purchase enter. bill most acrompart imoicc. Addition.,] charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufactomm have distributing points in various parts of the country, shipment is Uthe Purchaser, directs the Seller to correct nonconforming or defective goods by a date to he agreed upon by the expected from the nearest distribution point to destination. and excess freight will be deducted front Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability OF 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 pay all costs associated with such work. Pcrmim Sella shall procure at sellers sole cast all nuessary permits, certificates and licenses required by all applicable laws. regulations, ordinances and rules 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 harmlcc fmm and against all liability and loss incurred by them by reason of an aswned or established violation of any such laws, regulations, oniinanees, roles and requirements. Authorization. All parties to this contract agree that the representatives tire, 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 arrive on your promised delivery date x noted. Time is of the essence. Delivery and performance most be effected within the time stated on the panhase order and the documents attached hereto. No acts of the Purchasers including, without limitatinn, 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 Seller shall not be liable for damages as a result of delays due to cnuscs not reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence, such acts of Gnd. acts ofeivil or military anthoritics, governmental priorities, fires, strikes, food, 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 Scllcr first received knowledge thereof In the event of any such delay, the date of delivery shall be extended for the period equal to the time acmally last by reason of the delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable drawings, specifiwtione. 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 Sellers breach of warmnty. The Seller shall replace, repair of make good. without cost to the purchaser, any defects or faults arising within one (G year or within such longer period of time as may be prescribed by law or by the terms of any applicable wamnty provided by the Seller after the date of acceptance othhe goods famished hereunder (acceptance not to he unreasonably delayed), resulting front imperfect or defective work done or materials famished by the Seller. Acceptance or use of grads by the Purchaser shall not constitute a waiver ofany claim under this wamnty. Except as othcnrise provided in this purchase order, the Scllen liability hereunder shall extend to all damages proximately caused by the breach ofany of the foregoing wamntics or guanefus, but such liability shall in no e%ant include loss ofprofits 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 written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal temx, including additions to or deletions fmm the qumairue, originally ordered in the specifications or drawings, by %crbnl or written change order. If any such change affects the amount due or the time ofperformance hereunder, an equitable adjustment shall be made. fi. TERMINATIONS. The Purchaser may at any time by written change order, terminate this queuncrit as to any or all portions of the goods then not shipped, subject to any updailde adjustment bermun 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 of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Sella with respect to any good which am the Scllcrs standard stuck. No such termination shall relieve the Purchase,., the Seller ofany oftheir obligations as to any good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be alerted within thirty (30) days fmm the date the change or termination 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 documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agmcmcnts of this character are hereby incorporated herein by this reference The Seller agrees to indemnify and hold the Purchaser humless fmm all costs and damages suffered by the Purchaser as a result of the Scllcrs failure to comply with such law. 9. ASSIGNMENT. Ncitha parry shall assign, tnnsfce or convey this order. of any monies due or to become due hereunder without the prior written consent of the other parry. 10. TITLE. The Seller wamnts full, clear and unrestricted title to the Purchnscr for all equipment. materials, and items furnished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest enatobmnu, and claims Mruhcn. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the pttf.mmnce.f such work. This rdex c shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, olliccrs and employees ofsuch party. The Sellers ceFtmetnal obligations, including wamPay. shall not be deemed to be reduced, in any way, because such work is per(nmred or caused to he performed by the Purchnscr. 14. PATENTS. Whenever the Seller is required to use any design, device, material or prouss covered by letter, patent, trademark or copyright, the Scllcr shall indemnify nod save harmless the Purchaser form 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 Person ofsnch infringement at any time during the prosecution or a0cr the completion e(the work. In case said equipment. or any pan thcPeof 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 mndify it so it becomes n.ninfringing. 15. INSOLVENCY. If the Scllcr shall hecotw inmlvcnt .r bankmpp make an assignment for the benefit of credit.rs, 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 dcfinitinns iftemts used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be constmcd under and governed by the laws fthe State of Cpl.mdo. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the scryiccs of Scllcrs Represcntativex), on the premises ofothcrs. 17. SELLERS RESPONSIBILITY. The Scllcr shall carry on said work at Scller's own risk until the same is fully completed and accepted, and shall. in case of any accident, ehsmuction or injury to the work and/or nationals before Selicr:s final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchnscr. When mntaials and equipment are furnished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle some at the site and became responsible therefor 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 order. and/err to their dependents in accordance with the laws of the state in which the work is m be done The Seller shall also carry eomprchcnaive general liability including, but not limited to, contracttml and automobile public liability insurance with bodily injury and death limits of m least 5300.000 for any one person. S500,001) for any one accident and property dinmge limit per accident of S400,000. The Seller shall likewise require his contractors. ifany, to provide for such compenmtion and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Pumlo,cr with a certificate that such compensation and insurance have beep 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 insumnu shall be mainnined until after the entire work is completed and ncccpicd. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGPS. The Seller hereby assumes the entire responsibility and liability fnr any and all damage. loss or injury ofany kind or nature whalsoever to pesuns ur property caused by or resmdiing from the execution of the work provided for in this purchase onler or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Puchasers oflieas, agents and employees Farm and against any and ull claims. losses, damages, charges or expenses. whether direct or indirect, and whdhcr to persons or property to which the Purchaser may be put or subject by reason ofany act, action, neglect, oniP siou or default on the pan of the Scllcr, any of his contractors or any of the Sellers or contractors oRccN. agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or cntployccs at any time on account 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 ofTcus, agents or cmpinyces as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense to pay tiny and all costs, charges, attorneys flux and other expenses. any and all judgments that may he incurred by or obtained against the Purchaser car any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the pmperty of the Purchaser. of said panics in or as a result of such suits or other proceedings. the Scllcr will at once cause the same to be dissolved and discharged by giving bond or othmwisc. The Seller and his contractors shall take all safety precautions, furnish and install all guards necessary for the pmvcntion of .accidents, comply with all laws and regulations with regard to safety including, but wilhout limitation, the Occupational Safety :rod Hcalth Act of 1970 and all mles and regulations issued pursuant therein. Rcviscd 0312010