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HomeMy WebLinkAbout496637 EHRLICH VEHICLES INC - PURCHASE ORDER - 9122003City of Frt Collins PURCHASE ORDER PO Number Page 9122003 1 of 2 This number must appear on all invoices, packing slips and labels. Date: 04/05/2012 Vendor: 496637 Ship To: ELECTRIC UTILITIES EHRLICH VEHICLES INC CITY OF FORT COLLINS 2625 35TH AVE 700 WOOD ST GREELEY Colorado 80537 FORT COLLINS Colorado 80521 Delivery Date: 04/05/2012 Buyer: JAMES HUME N ote Line Description Quantity UOM Unit Price Extended Ordered Price 2012 Nissan NV 2500 1 LOT LS 26,440.00 Low roof V6 S model 63312 , Attn: Phillip Cisneros Dept: Electric Utilities Deliver vehicle & title documents to: Fleet Main Shop, 835 Wood Street, Fort Collins 970-221-6613 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 Total $26,440.00 Invoice Address 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. Tas cscmplams. By statute the City effort Collins is exempt from state and local inset. Our r-we ptirn Number is 11. NONWAIVER. 98-04502. Fob mI Excise Tas Exemption Certificate of Registry 94-6000597 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, faihue or delay to Tmemat 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 even of a breach. the acceptance of or payment for goods hereunder or approval of fhc design, shall not release the Seller of Gords Rejected. GOODS REJECTED due to failure to meet specification, either when shipped or due to defects of any of the wamntici ar obligations of this purchase order and shall not be dcemed o oaivcr of any right of the damage in transit, may be returned to you for credit and arc not in be replaced esccpf open receipt of written purchaser to insist upon strict retfom.nnce hercofor any writs rights or remedies as to any such goods, rcgardicss instructions from the City of Fnn Collins. of when shipped. received or accepted, as to any prior or subsequent default hereunder, nor shall any purported nm1 modifie.ition or rescission of this purchase either by the Purchaser operate as a waiver of any of the tern.. Inspection. GOODS are ntbjed to the City of Fen Collins inspection on arrival. hereof. Final Aceepance. Receipt of the merchandise. services or equipment in response in 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 rental economic practice. nvercharges resulting front antitrust ACCEPTANCE is dependent upon completion ofa11 applicable requited inspection procedures, violations arc in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hcrchy as.igns to the Purchaser any and all claims it may now have or hereafter Freighl Terms. Shipnnnte muss be F.O.H., City of Fen Collins, 700 Wool St., Fort Collins, CO 90522, unless acquired under federal or state mltitmst laws for such overcharges relating to the pnnicular goods or services otherss'isc specified on this order. If permission is given to prepay freight and charge serymtcly, the original freight purchased nr acquired by the Purchncr purSno t to this purchase Order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distnec. Where manufacturer, have distributing points in various parts of the country, shipment is Hine Purchaser dirccl.s the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected fmin the nearest distribution point to destination. and excess freight will be deducted front Invoice when Purchaser, tad the Scllcr and the Seller dnrealtcr indicates its inability or unmillingness to comply, the Purchaser shipments are made from greater distance. may cause the work to be performed by the most cxpcditimu.s means available to it, and the Scllcr shall pay nil cats associated with such work. Permits. Seller shall procure al sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and roles of the stale municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the mark of vendor. Seller further agrees to hold the City of Fen Collins harmless form and against all liability and Ins incurred by them by reason of an ac ertcd or established violmion of any such lams, regulations, me iru necs. mlcs and requirements. Authorimticn. All panics to this contract agree that the representatives are, in fact, bona fide and poses hell and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expresly limits acceptance to the terms and conditions stated heroin sct forth and any upfiicmentaq or additional toms and conditions annexed herein or incarponfed herein by reference. Any additional or different Icons and conditions proposed by seller ore objected to end hcrchy rejected. _a. DELIVERY. PLEASE ADVISE PURCHASING AGENT immcdiamly if you cannot make complete shipment to arrive on your premised delivery date as noted. Time is of fhc essence. Delivery and performance must be cffccled within the time .stated on the purchase order and the documents attached hereme. No acts of the Purchasers including, wi thew limitation, aeecpnnec of partial late del iverics, shall operate as a waiver of this provision. In the event of my delay, the To rchascr shall have, in addition to other legal and equitable remedies, the option of placing Ihis order elsewhere and holding the Sol let liable for damages. However. the Seller shall not be liablc for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and wi them its fault of negl igcncc. such acts of God, acts of eiv it or military authorities govcmmcn in priern ice Ties. strikes Hood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Parchnscr within live (5) days of the time when the Seller first received knowledge thereof. In the event of any such dcl ay, the date of del ivory sha it be extended for the period equal to the time actually lost by reason of the delay. 3, WARRANTY. The Seller warms that .II grad, articles, materials and work covered by this order will conform with applicable dmwings, specifications, samples and/or other descriptions giscn, will he fit for the purposes intended, and performed with the highest degree of cam and competence in accordance with accepted .standards for work of a similar nature. The Seller agrees to hold the purchaser hamles from any loss. darage or expense which the Pirehmer may ..tier or incur on account of the Scllcrs breach of wnmnty. The Scllcr shall replace, repair at make good, mithet cost to the purchaser, any defects or faults arising within one (1) year or within such larger period of firm as may be proscribed by law or by the more; ofany applicable mammy provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting fmm imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this wammy. Except as olherwim provided in this purchase order, the Scllcrs liability hereunder shall exited to all damages proximately caused by the breach of any of the foregoing wamntics or guarantees, but such liability shall in no cwcat include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSESHALL APPLY. 4. CHANCES IN LEGAL. TERMS. The Purchaser fury make changes to legal terms by written change order. 5. CIIANGES 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 written change order. If any such change affects the ommmt due or the time of performance hereunder. an equitable adjuslnwnt shall be made. fi. TERMINATIONS. The Purchaser may it any time by written chance order, terminate fhis agreement as to any or all portions of the galls then net shipped, .subject to any equitable adjustment between the panics its to any work or mnteials then in progress pmvided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted panic. of the gaols and/or work, for incidental or consequential damags. and that no such fidjusmmcnm be name in favor of the Seller with respect to any good which are the Scllcrs standard stock. No such termination shall mlieve the Purchaser or the Seller ofany of their obligations as to any goods delivered heramder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjusment must be assorted within thirty (30) days from the date the change or nomination is ordered. S. COMPLIANCE, WITH LAW. The Seller wamms 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 are subject, The Seller shall execute and deliver such documents as may be required to effect or m'idence compliance. All boosted regulations required to he unfermented in agreements of this character arc hereby incorporated herein by this refcrcncc. The Seller agrees to indemnify and hold the Purchaser homeless from all costs and damages stiffened by the Purchaser as a result of the Sellers failure to comely with such Inv. 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 Seller womms full clear and unrestricted title to the Purchaser for all equipment materials. and items furnished in performance of this agreement, free and clear of any and all liens, restrictions. reservations. security interest encumbrances and claims of others. The Sel It, shall mlcn.c mhc Purchaser and its contractors of any lie, front all Iiobi lily and claims of any nature resulting from the perfnmtanec of such work. This rdcne shall apply even in the event of (melt of negligence of the party released and shall extend in the directors. oRccrs and cn.ployces of such party. The Seller's contractual obligations. including wumnty, shall not be deemed to be reduced. in any may. because such work is performed or caused to he performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or proems covered by letter, patent trademark or copyright, the Scller shall mccmnify and save harmless the Purchaser from any and all Orions for infringcmcnt by reason of the use of such patented design, device, material or process in connection with the tontmn, and shall indemnify the Purelawr for any cost, expense or damage which it may be obliged In pay by reason Msuch infr ageamnt at any linty during the prosecution or alter the completion of the work. In case said equipment, or any part thereof or the intended use of the goods, is in such suit held to constitute infringcmcnt and the use of said equipment or part is enjoined. the Seller shall, at its own expense and at its option, either procure for fhc Purchrscr the right In continue using said equipment or parts, replace the stone with subslmoinliy equal I'm nrninfringing cquipmau, or modify it sit it becomes nnninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt make an assignment for the bcncfif of creditors, appoint a receiver or tester for any of the Sel icrs property or business, this order may fnnhei Th be nonce led by the Purchrscnvithout lirbility. 16. GOVERNING LAW. The definitions of Lens used or the interpretation of the agreement and the rights ofall panics hereunder shall be construed under and governed by the laws of the State of Colorado. USA, The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including Ihm senices of Scllcrs Represcnmtive(s), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the cone is fully completed and accepted, and shaft. in case of any accident destruction or injury to the work and/or materials before Seller's final completion find acceptance. complete The work to Scllcrs non cxpcnsc and to the satisfaction ofthc Purchaser. When materials and equipment arc furnished by alas for installation or erection by the Seller, The Seller shall receive, unhand, store and handle same at Ilre site and become responsible therefor as though Such materials and/or equipment wcrc being furnished by the Scllcr under the order. IS. INSURANCE. The Scllcr shall, rat his own cxpcnsc, provide for the payment of workers compensation, including ocngationnl disease benefits, to its employees employed on or in connection with the wmk covered by this purchase onler. raid/or to their dependents in accordance with the Imes of the state in which the work is to he done. 11w Scllcr shall also tarty eonprchetive general liability including, but not lin.tied to contractual and automobile public liability insurance with bodily injury and death limits of at ]cast S300.000 for any one pcnnn. S500,000 for any one accident and property damage limit per accident of S40ROOn, The Seller shall likewise require his contactors, if any, to provide for such connpensamion and insurance. Before any of the Sellers or his contractors employees shall do any work upon 16c premises ofothers. the Seller shall furnish the Purchaser with a certificate that such compensation end insurance have been provided. Such certificates shall ,specify the (file when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance csmires. The Scllcr agrees that such compensation and insurance shall be maintained until alter the entire work is completed and accepted. 10. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby asunns the entire respnsibility and liability for any and all damage, loss or injury ofany kind or nature mvhol,ncvcr to persons or prnpeny, caused by or resulting from the exectution critic work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Penchrscr and any or all of The Purchasers offccn, agents and employees fmm and against .any and all claims losses. damages, charges or expenses whether direct of indirect and .whether to persons or property to which the Purchascr may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller. tiny of his contractors. or anv of the Sellers or contractors olfmcrs, agents or employees In ease any suit or other proceedings shall he brought against the Purchaser, or its officers, agents or employees of any time on account or by reason of arty act, action, neglect onomine or Icfaull of the Seller ofany of his contractors or any of its or their ofro em agents or employees as ofommid, the Seller hereby agrees to assume the defense thereof and to defend The same at the Scllcrs own ospense, to pay any and all costs, charges attorneys fees .and other cxpenscs. any and .MI judgments Ihm 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 ease judgment or other lien be placed upon or obtained against tine property of the Parchnscr, or said parties in or its a result of Such suits or other proacdings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Scllcr and his contractors Shall make all safety prccoutions, furnish and install ail gefuls necessary for the prevention of accidents. eon.ply with all laws and mgalmions with regard to safety including. hat without limiatio., the Occupational Safety and Health Act of 1970 and all mlcs and regulations insured pursuant nhcsm. Rcviscd 03/22010