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HomeMy WebLinkAbout102564 DELLENBACH MOTORS - PURCHASE ORDER - 9120687 (2)Fort Collins Date: 02/03/2012 Vendor: 102564 DELLENBACH MOTORS 3131 S COLLEGE AVE FORT COLLINS Colorado 80525 Atn 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 2-2-12 revised 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 PO amended to reflect last quote dated 2-2-1 U 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: 21,158.00 1.158.00 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 statute the City of Fan Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAI VER. 98-fW502. Federal Excise Tan Exemption Cenificam of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon .strict performance of the toms and conditions hereof. f.ailure or delay to Internal Be%cauc. Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). ,xcmise any rights or remedies pmvided herein or by law, failure to promptly notify the Sol ter in the event 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 REl ECTED due to failure to meet specifications, either when shipped or due to defects of any of the w'omntiee or obligations of this purchase order and shall not be deemed a wniver of any right of the damage in mnsit, may be returned to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance hcrcofor any of its rights or remedies as to any such goods, regardless instructions fmm the City of Fan Collins. of when shipped, mmived or accepted, as to any prior or subsequent default hereunder. nor shall any purported am] modification or remission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS arc subject to the City of Fan 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 Collin, However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations am in fact home by the Purchaser. Theretofore, for good coast and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hercafler Freight Terms. Shipments must be F.O.B., City of Fan Collins. 700 Wood St.. Fen Collins, CO 90522. unless acquired under federal or state antitrust Imes for such overcharges relating to the particular goods or services othcmiw specified on this order. If peronission 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 manufacmrem 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 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 are made form greater distance. may cause the work to be performed by the most expeditious means mailable to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at wllcre side caret all necessary 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 perfomrmed, 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 harmless fmm and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances. mles and requirements. Authar tuition. All panics to this contract agree that the representatives arc, in fact bona ride and possess fill and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits; acceptance to the terms and conditions state] herein set forth and any supplementary or additional toms and conditions annexed hereto or incorporated heroin 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 premised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase older and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late dclivedcs, shall operate as a waiver of this prevision. In the event of any delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this older 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 acts ofGod, acts ofeivil or military authorities, governmental priorities, fires, strikes, flood, epidemics. wars or rims 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 ofany such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller wamnts that all goods. anicla, materials and work covered by this older will return. 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 fmm any lass, damage Or expense which the Purchaser may su Rc, or incur on account of th, Sellers breach of %amity. The Seller shall replace, repair or make good. without cost to the purchaser, any defects or faults arising within am (1) year or within such longer period of time as may be preuribed by law or by the terms ofany applicable warranty provided by the Seller aficr the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably dclaved), resulting Form imperfect or defective work done Or materials frorkhod by the Seller. Acceptance or use of goods by the Purchaser shall net constitute a waiver ofany claim under this wamnty. Except as otherwise provided in this purchase order, the Scllcrs liability hereunder shall extend to all damages proximately caused by the breach ofany of the foregoing wamntics or guarantees, but such liability shall in net 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 tcmu by writen change older. 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 ongmally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time of performance hereunder, 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 between the panics as to any work or materials then in progress provided that the Purchaser shall nor be liable for any claims for anticipated profits on the uncompleted portion ofthe goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor ofthe Seller with respect to any goods which arc the Scllcrs standard stock. No such termination shall relieve the Purchaser 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 fmm the date the change or termination is oldcrod. 8. COMPLIANCE WITH LAW. The Seller wamnts that all goads sold hereunder shall have been produced. sold, delivered and famished 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 died 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 fmm 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 cimxcy this order, or any monies due or to become due hereunder without the poor written consent of the other parry. 10. TITLE. The Seller warrants full, clear and unrestricted till, to the Purchaser for all equipment, materials, and items furnished in performance of this agreement, free and clear of any and all liens, restrictions, resereations, security interest encumbrances and claims lifetimes. The Seller shall release the Purchesor and,ils contractors ofany tier froni all babdov and claims of anv nature resulting from the parminu ace gfcftmk.dork:. This release shall apply even in the went of fault ofnegligenceof the parry released and shall extend to the directors, officers and employees of such panv. The Seller's conractual obligations, including warranty, shall not be deemed to he reduced, in any way, because such work is perfumed nr caused to be perfomod 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 Purchawr 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 cast, cxpcnsc or damage which it may be obliged to pay by reason of such infringement at any time during the persecution at after the completion of 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 mid equipment or part is enjoined, the Seller shall, at its own expense and at its option, either pmcurc for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall became insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or must" for any of the Sellers property or business. this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofterms used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be construed under and governed by the laws of the State of Colorado. USA. The fallowing Additional Conditions apply rule in cases where the Seller is to perform work hereunder. including the services of Sellers Repmsentativc(s), On the premises o(othets. 17, SEVERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in use of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Settees own expense and to the satisfaction of the Pumhawr. When materials and equipment are famished by others for installation or erection by the Seller. the Seller shall receive, unload. store and handle sans at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the older. I S. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefim to its employee., 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 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 insuance with bnli I, injury and death limits of at least S300,000 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 shall do any work upon the premises orothers, the Seller shall froush the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such cum,cnsatinn and mumace have been pmvided. Such eenifieams shall sperif the date when such compensation and insurance expires. The Seller ngrecs that such compensation and insurance shall be maintained until a0or the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. 1 he Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind or nature wtransacts, to persons Or property used by or resulting fmm 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 Purchasers officers, agents and employees firma and against any and all claims, losses. damages, charges or expenses. whether direct or indirect, and whether to persona or property to which the Purchaser may 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 Scllcrs or comments officers, agents or employees. In use any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees 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 Officers, agents or employees a, aforesaid, the Seller hereby agrees to assume the defrnsc thereof and to defend the same to the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses. any and nil judgments that may be incurred by or obtained against the Purchaser or any of its or their officers. agents or employees in such suits or other proceedings, and in use judgment or other lien be placed upon or obtained against the property ofthe 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 band or otherwise. The Seller and his contactors shall take all safety precautions, famish and install all guards amcssary for the prevention of accidents, comply with all lams and regulations with regard to safety including, but without limitation. the Occupational Safety and Health Act of 1970 and all macs and regulations issued pursuant thereto. Revised 03/2010