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HomeMy WebLinkAbout117569 PRO CHRYSLER JEEP DODGE RAM - PURCHASE ORDER - 9122293PURCHASE ORDER PO Number Page City Of` 9122293 1 of z OI lins This number must appear Flirt C ,�—J`-' ` on all invoices, packing slips and labels. Date: 04/20/2012 Vendor: 117569 PRO CHRYSLER JEEP DODGE RAM 1800 W 104TH AVE THORNTON Colorado 80234-3602 Ship To: FLEET SERVICES - MAIN SHOP CITY OF FORT COLLINS 835 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 04/20/2012 Buyer: JAMES HUME Note: 2012A lease purchase Line Description Quantity UOM Unit Price Extended Ordered Price 1 - 2012 Dodge Journey 1 LOT EA 22,430.00 per State bid Attn: Mel Glover Dept: Investigations Base price: $19,645 Options: NHK Block Heater 95 ALW Pop Equip Grp 1,295 AWX Safe & Sound 1,395 Total $22,430 Exterior: Black Pearl Coat Interior: Black Deliver unit & title documents to: Fleet Main Shop, 835 Wood Street, Fort Collins 970-221-6613 2 One extra set of keys City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill Il, 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 EA 185.00 Total . $22,615.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terns and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By Imum the City .f Fort Collins is exempt from state and local taxes. Our Excerption Number is 11. NONWAIVER. 98-04302. Federal Excise Tax Exemption Cctrifieme of Registry 94-6000597 is registered .with the Collector .f Failure Of the Purchaser to insist upon strict Performance of the terns 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 lam, failure to promptly entire the Seller in the event of a breach, the acceptance ofor payment for goods hereunderor approval of the design, shall not release the Scllcr Of Goods Rejected, GOODS REJECTED due to failure to meet specifications, either when shipped or due to defect of 'try Of the warranties 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 ate not to be replaced except upon rcccipt of written purchaser In insist upon strict performance herenf Or any of its rights or remedies as Inane such goods, regardless City instructions from the effort Collins, of when shipped, received or accepted. as to any prior or subsequent default hereunder. nor shall any purported owl modification Or rescission Of this purchase order by the Purchaser opermc ns a eaiver of any of the terms Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to Ibis order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. mnhorized payment on the part of the City of Fart Collins. However, it is to he understood Ihnr FINAL Seller and the Purchaser recognize that in actual economic practice overcharges resulting from antitrust ACCEPTANCE is dependent upon completion Trull applicable required inspection procedures. victorious are in fact borne by the Purchaser, Theretofore, for good cause and as consideration for executing this purchase order. the Scllcr hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Teens. Shipments must be F.O.H., City of Fort Collins, 700 Wend St_ Fort Collins. CO 90522, unless acquired under federal or stare antitrust laws for such overcharges relating In the panieular prods or services otherwise specified on this order. If pmnismon is given to prepay freight and charge seperamly, 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. PURCHASERS PERFORMANCE: OF SELLERS OBLIGATIONS. Shipment Distance Where manufacturers have distributing points in various parts of the country, shipment is If the Purchaser directs the Seiler 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 I ... ice when Purchaser and the Seller, and the Seller thereafter indicate., its inability or 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 .11 cost associated with such work. Permits, Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable Imes, regulations. eminences and odes of the state, municipality, territory Or political atotlivisinn where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of yeader. Seiler further agrees to hold the City of Fort Collins harmless farm and against all liability rend Ins, incurred by them by reason of an asserted or established vinlation of any such law,, regulations, ordinances, rules and requirement. Aulhrrizatirm. All parties to this contract agree that the representatives arc, in fact, bona fide and possess fall end complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance In the terms and conditions stated herein set forth rend any supplementary, m additional temu and conditions annexed hereto or incorporated herein by reference. Any additional Or different tears and conditions pmpnsed by seller arc objected m 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 muss be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including. without limitation, acceptance ofpznial late deliveries, shall opcmlc es a wniver ofthis provision. In the event crony 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 damage,. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond it reasonable control and without its fault Ofnegligence, such acts of Gad. acts of civil or military, authorities, gro cromental 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 Seiler first mccoed knouledge thereof In the event crony such delay, the date of delivery shall he extended for the period equal to the time actually lost by reason ofthe delay. t. WARRANTY, The Seller warrants that all goods. articles, material, and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will he fit for the purposes intended, and performed with the highest degree of cam and competency in accordance with accepted standard, for work of n .similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser rune suffer or incur on account ofthe Sellers breach of warranty. The Seller shall replace, repair or make good, without east to the purchaser, env defects or faults arising within one (1) year or within such longer period of time as may he prescribed by lave or by the terms crony applicable warranty provided teethe Scllcr eficr the date of acceptance of the good furnished hereunder (acceptance not to be tarmasonobly delayed). resulting from imperfect or defective work done or materials furnished by the Scllcr. Acceptance or use of goods by the Purchaser shall not constitute a waiver crony claim under this wamnty. Except as Otherwise provided in this purchase order, The Sellers liability hereunder shall extend to all damages pmsinintety caused by the breach of any of the foregoing warranties Or guarantees, but such liability shall in no event include loss of pmfits or loss of use. NO IMPLIED U'ARRANT'Y OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE: SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make change, to legal terms by written change Oder. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms. other than legal term, including additions to or ddctinas from the quantities originally ordered in the specifications or drawings, by verbal or written change offer. If any such change affect the amount due or the time nfpnforreancc hereunder. as equitable adjustment shall be rends. fi. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all romans of The grads then not shipped, subject to any equitable adjustment between the panics as to any mark or materials then in progress provided that the Purchaser shall rem be liable for any claims for anticipated profit, on the oneonmlend portion of The goods and/or work. for incidental or consequential damages, and that no such adjustment be made in favor Tribe Seller with respect many gmds which arc the Sellers standard stock. No such tormination shall mlicmc the Purchaser or the Seller crony of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for ad-instment must be asserted within Thirty (30) days from the date the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seller uaments, that all good sold hereunder shall howc been produced. sold, delivered and furnished in strict compliance with all applicable law, and regulations to which the grads are subject. The Seller shall execute and deliver such documents es may be required to effect or evidence compliance. All Imes and regulations required to he incorporated in agreements of this chameter arc hereby ineoarmated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamdess farm all cost and damages suffered by the Purchaser n, a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order. many monies due or to become due her ender without the prior written consent of the other party. In. TITLE. The Seller wamnt full, clear and unrcstticted title to the Purchaser for all equipment, materials, and ilcros furnished in performance of this agrecnent, free and clear of any and all liens, restrictions, reser,atirn,, security interest eneumbmnccs and claims of others. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nnturc resulting from the perfommnce ofsneh work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officersand employees of such party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is petf rmorl or caused to he performed by the Purchaser. 14. PATENTS. sk'hencvcr the Seller is required to use any design, device, material m pmcec covered by letter, patent, Trademark Or copyright. Seller shall indemnify and sovc harmless the Purchaser form anv and all claims for infringement by reason of the use of such patented design, dm'ice. material or process in connection with the connect, and shall indemnify the Purchaser for any cast, expense or damage which it may be Obliged to pay by maven of such infringement at any time during the prosecution or ofier the completion of the work. In ease said equipment or any part thereof of 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 n1 its Option. either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but naninfrineing equipment, Or modify it so it becomes nnninfringing. 15. INSOLVENCY. If the Seller shall beam.., insolvent or bankrupt, make in assignment for the benefit of creditors, appoint a receiver or trustee for wry of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. Ih. GOVERNING LAW. The definition, oftc,m, used., the interpretation afthe agreement and the right, ufall panic, hereunder shall be construed under and governed by the laws ofthe State of Colorado. USA. The following Additional Conditions apply Only in cases where the Seller is to perfomm work hereunder. including the services of Sellers Rcp rsenrative(s), on the premises ofothcrs. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work to Scllcrs man risk until the came is fully completed and accepted, and shall. in case crony accident. destruction or injury to the work and/or materials before Seiler's final completion and acceptance, complete the work at Sellers awn expense and to the satisfaction of the Purchaser. %Vhca materials and equipment arc furnished by others for installation or erection by the Seller. the Seller shall recche, unload. store and handle mac m the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seiler trader the order. 19. INSURANCE. The Seller shall. at his Own expense. provide for the payment of workers compenstion. including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order. and/or to their dcpcndcros in accordance with the Imes of the state in which the mark is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of et ]cast 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. irony. In provide for such compensation and insurance Before any afthe Scllcrs or his contractors employees shall an any work norm the premises ofothcrs, 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 Tmei ted. Such certificates shall specify the dutc 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 hcrcby assumes the entire responsibility and liability for any seed all damage, lass or injury crony kind or nature whatsoere, to person, or Pmpenv caused by ar resulting from the execution afthe mark provided for in this purchase nrder err in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any Or all Of The Purchasers of1wem agent, and employees from and against any and all claims, losses, damages, charges or expense,, whether direct or indirect and whether to persons or properly to which Ibe Purchaser may be put or subject by reason of any act, action, neglect omission or default on the part of the Seller, any of his eontremors, or any of The Sellers or contractors Officers, agent, or employee%. In case 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 eontmetars or any of its or their officers, agents or employees as aforesaid. the Seller hereby agrees to assume the defense thereof and to defend the same al the Sellers own espense, to pay any and all cost. charges. attorneys fees and other expenses, any and all judgments that may he incurred by or obtained against the Purchaser or any of ins or their officers, agents or employees in such snits or other proceedings. and in ease judgment or other lien he placed upon or obtained against the property of the Purchaser, or said panics in or as a result of such suits of other pmeccc iags. the Seller will at once cause the same to be di ... 1%ed and discharged by giving bond or otherwise. The Seller and his contractors shall Take all safety precautions, famish and install all guards 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.l' 1970 and all mles and me, lotions issued pursuant thereto. Rcvi,ed 0312010