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HomeMy WebLinkAbout102564 DELLENBACH MOTORS - PURCHASE ORDER - 9120687City of Fort Collins Date: 02/02/2012 Vendor: 102564 DELLENBACH MOTORS 3131 S COLLEGE AVE FORT COLLINS Colorado 80525 PURCHASE ORDER PO Number Page 9120687 1of2 This number must appear on all invoices, packing slips and labels. Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS Colorado 80524 Delivery Date: 02/01/2012 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Chevy 250OHD pickup reg cab, 2wd per 2-1-12 quote, attn: Ron Heusinkveld Dept: Streets Add third key to quoted price. $65 Deliver vehicle & title documents to: Fleet Main Shop, 835 Wood Street, Fort Collins 221-6613 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: 21,851.00 $21,851.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Temis and Conditions Page 2 of 2 L COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon srict performance of the tomes 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 herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hcreardet 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 warranties or obligations of this purchase under and shall not be deemed a waiver of any right of the damage in transit. may be rcwmcd to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hereof cr any of it rights or remedies as to any such goods, regardless instructions from the City of Fon Collins of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported on] modification or rescission of this purchase order by the Pnrchascr operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Fon Collins inspection on arrival. 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 Fort Collins. However it is to he understood that FINAL Seller and the Purchaser recognize that in actual economic practice, evcrcharges resulting from antirmst ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures, violations arc in fact borne by the Purchaser, Theretofore, for grad 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. Shipment must be F.O.B., City of Fort Collins, 700 Woad St.. Fort Collins. CO 80522. unless acquired under federal or state anlitrom Imes for such overcharges rotating to the particular goods or services otherx'ise specified on this order, H 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. PURCI IASFRS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance Where manufacturers have distributing points in various parts of the country, shipment is Ifthe Purchaser directs the Seller to correct nonconforming or defective goods 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 thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made fmm greater distance. may cause the work to be performed by the most expeditious means available to it. and the Sellcr shall pay all cost associated with such work. Permits Seller shall procure at sellers sole cost all necessary permit, 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. Scllcr further agrees to hold the City of Fort Collins hamdess from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, odes and o alairemcnts. Authori adion. All parties to this contract agree that the representatives arc, 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 ran 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 ofpanial late dclivencs, shall operate as a waiver ofihis provision. In the event army delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing 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 causes not reasonably foreseeable which arc beyond its reasonable control and Without its fault of negligence, such act of God, acts ofeivil or military authorities, governmental priorities, fires, strikes, flood, epidemics. warn or riots provided that notice of the conditions causing such delav is given to the Purchaser within five (5) days ofthe time When the Seller first mccived knowledge thereof. In the event of any such 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 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 perforated 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 Inns damage or expense Which the Purchaser may suffer at incur on account ofthe Sellers breach of warranty. The Seller 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 c f any applicable warranty provided by the Seller oRcr the date of acceptance ofthe goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective Workdone or material, famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim tinder this warranty. Except 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 event include loss ofprofiN 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 terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or w7imat change order. If any such change affects the amount due or the time ofperfomtance hereunder, an equitable adjustment shall be made. 6. TERM (NATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the Rands then not shipped, subject to any equitable adjustment between the parties as to any work or materixts then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncomplctcd portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor ofthe Seller With respect to any good which are the Sellers standard stock. No such termination 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 Farm the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrant that all earth sold hereunder shall have been produced. sold, delivered and furnished 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 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 harmless from all costs and damages stffcrcd by the Pnrchascr as a result ofthe 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 duc hereunder without the Prior written consent of the other party. 10. TITLE. The Set let wamnt to]i, clear and unrestricted title to the Pumhaur for all equipment, materials, and items fmai shed in perfomtance of this agreement, free and clear of any and all liens, restrictions, resetsations, security interest encumbrances and claims of others. The Scllcr shall release the Purchaser and it contractors of any tic, from all liability and claims of any nature resulting from the performance ofsuch 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 ofsuch parry. The Scllcr'% contractor] obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is perforated or caused to be perforated by the Purchaser. 14. PATENTS. i Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright. the Seller shall indenmify and save hamdess 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 he obliged to pay by reason of veb infringement at any time during the prosecution or after the completion ofthe work. In case said equipment, or any pan fl crcnf or the intended use ofthe goods, is in such suit held to constitute infringement and the use of said equipment or part is enjoined, the Seller shalt, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninfringing cquipmcnt, or modify it su n becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any ofthe Sellers property or hustness, this order may forthwith be canceled by the Purchase, without liability. 16. GOVERNING LAW. The definitions oftema used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be coustmed under and governed by the laws oftuc State of Colomdo. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Reponatuative(s), on the premises of others. 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 any accident, destruction or injury to the work and/or materials before Seder's final completion and acceptance, complete the Work at Seller's own expense and to the satisfaction of the Purchaser. Whcu materials and equipment arc famished by mhcrs for installation or creation by the Seller, the Seller shall receive, unload. store and handle same at the site and become tnspunsib]c therefor as though such materials and/or cquipmcnt were being furnished by the Seller under the order. I R. 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 dependents in accordance with the laws of the %rate in which the ,,,it is to he done The Seller shall also carry comprehensive general liability including but not limited to, contractual and automobile public liability tnsurnace With budi]y injury and death limits of at least S300,050 for any one person. 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 shalt 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 ecnifieates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall he maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby asstmics the entire respensihi]ity and liability fortify and all damage, loss or injury, ofanv kind or nature Whatsoever to persons or property caused by or reselling from the encvtiom 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 Purchasers oRcers, agents and employees front and against any and all claims, losses, damngcs. charges or expenses whether direct or indirect, and whether to persons or property to which the Purchaser mry be put or subject by reason of any act, action, neglect. omission or default on the part of the Scllcr, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Porchascr, or it officers. agents or employees array time on account or by reason of any act, action, ni omission or default of the Seller of any of his contractors or any of its or their officers, agent or employees es 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, attorneys 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 of employees in such suits or other proceedings and in case judgment or other lien be placed upon or obtained against the property ofthe Purchaser, of 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 bond or otherwise. The Seiler and his contractors shall take all safety precautions, furnish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without ]initiation, the Occupational Safety and Hcolth Act of 1970 and all rates and regulations issued pursuant thereto. Revised 03/2010