Loading...
HomeMy WebLinkAbout102564 DELLENBACH MOTORS - PURCHASE ORDER - 9122292PURCHASE ORDER PO Number Page City Of///��� 9122292 t of z Flirt Collins This number must appear ,�—,J`_' ` ` J on all invoices, packing slips and labels. Date: 04/20/2012 Vendor: 102564 Ship To: FLEET SERVICES - MAIN SHOP DELLENBACH MOTORS CITY OF FORT COLLINS 3131 S COLLEGE AVE 835 WOOD ST FORT COLLINS Colorado 80525 FORT COLLINS Colorado 80521 U0 -6?99 411 �'1�2�1hlcVRl� Delivery Date: 04/20/2012 Buyer: JAMES HUME Note: 2012A lease One unit replaces 11601, the other is new Line Description Quantity Ordered UOM Unit Price Extended Price 1 2 - 2012 Chevy Equinox 1 LOT EA 49,808.00 per 2-28-12 quote 2 One extra key per vehicle 1 LOT EA 130.00 Attn: Ron Heusinkveld Dept: Investigations 1 - Mocha Steel Metallic 1 - Silver Ice Metallic Deliver vehicles & title documents to: Fleet Main Shop, 835 Wood Street, Fort Collins 221-6613 Total $49,938.00 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 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. Tax exemptions By statute the City of Print Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVBR. 98-N502. Federal Excise Tax Exemption Cenifieate of Registry 844000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue. Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-2(, 114 (a). exercise any rights or remedies provided herein err by him, failure to promptly notify the Seller in the weal of a breach, the acceptance afar payment far goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specification.,., either when shipped or due to defects of any of the w:,omtrics ar obligation, of this purchase aide, 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 upon receipt of written purchaser to insist upon strict Performance hereafor any of its rights or remedies as to any such goods, regardless instructions from the City of Ton Collins, of when shipped, received or accepted, a, to any prior or subsequent default hereunder, not shall any purported oral mnslifmcatirm or reseic ion of this purchase onler by the Purchaser operate is a waiver of any of the terms Inspection. GOODS are subject to the City of For Collins inspection on nrrival, hereof. Final Acceptance. Receipt of the merchandise. services or equipment in resp,ac 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 be understand that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting fmm antitrust ACCEPTANCE is dependent upon completion ofe11 applicable required inspection procedures. violation, are in fact borne by the Purchaser. Theretofnrc, for good cause and as consideration for esecating 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.N., City of Fort Collins. 7W Wood St. Fort Collins, CO 80522, unless acquired under federal or state intim m Imes for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquird by the Parchnscr pursuant to this purchase order. bill most accompany invoice. Additional charges for packing will not m accepted. 13. PURCIIASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is Film Purchnscr directs the Scllcr to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution paint to destination. and cneess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply. the Purchaser shipments are made fmm greater distance. may cause the work to he performed by the most expeditions means available to it and the Scllcr shall pay all costs associnmd with such ,work. Permits. Seller shall procure at sellers .sale cast all necessary permits. certificates and licenses required by all applicable laws regulation,. ordinances and rules of the slate. municipality, territory or political subdivision where the mark is performed, or required by any other duly constituted public authority having jurisdiction over the mark of vendor. Seller better agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of as asserted or established violation of any such laws, regulations, ordinances. rules and requirements. Authoriration. All parties to this contract agree that the representatives tire, in fact, haw fide and possess full and complete autharit, ro 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 Icon and conditions annexed hereto or incorporated herein by refermrce. Any additional or different term and conditions pmpnsed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive tin year promised delivery date as noted. Time is afthe essence. Delivery and performance most he 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 deliveries, shall operate as a waiver of this provision, In the event nfxny 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 Scllcr shall net be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its rcaonablc control and without its fault ofnegligeaee such acts of Gad, acts ofeivil or military authorities, governmental priorities, fires, strikes. Rand, epidemics, ones or not, provided that notice of the conditions causing such delay is given to the Purchaser within fire (5) days of the time when the Seller 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 actually lost 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, specifications, simples and/or other descriptions given, mill he fit for the purposes intended, and performed with the highest degree of cam and competence in accordance mith accepted standards far work of a similar nature. The Seller agrees to hold the purchaser harmless from any log, damage or cxpcnsc which the Purchaser may sit tier or incur on account of the Scl lers breach of warranty, The Seller shall replace, repa it or make good, without cost to the purchaser, any defects or faults arising within one (I ) year or within such longer period of time as may he prescribed by law or by the terms of any applicable warranty provided by the Seller infer the date of acceptance of the goods furnished hereunder (acceptance not to be unrcnsowbly delayed), resulting from imperfect or defective work done or materials Famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this wartanty. Except as otherwise provided in this purchase order, the SO lets liability hereunder shall extend to all damages pans invimly caused by the breach of any of the foregoing svarmntics or guarantees, but such liability shall in no event include loss of profits or loss of use. NO I PLI f:D 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 toms. 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 tiny such change affects the amount due or the time ofperforman a, hereunder, an equitable adjustment shall he made. fi. TERMINATIONS. The Pumhaser may at any time by written change order, mrmiwtc this agreement as to any or all portions of the good then not shipped, subject to any equitable adjustment between the panics as to any work (ir maerials then in progress Provided that the Purchaser shall not be liable for any claims for ontieipated prrdits on the uncompleted Portion of the gourds and/or work. for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any ofthcir obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty 130) clays Form the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller wamnts that all goods sold hereunder shall hawe been produced, sold, delivered rand famished in strict compliance n'ith all applicable laws and regulotions to which the goods are subject. 'I'hc Sel let shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regal lotions requ iral to he i ncorpomted in agreements of this character are hereby incorpnnted herein by this reference "I he Seller agrees m, indemnify and hold the Purchnscr harmless from all costs and damages ,it iered by the Purchnscr is a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party .shall assign, transfer. or convey this order. or any murder due or to become due hereunder without the prior written consent afthe other party. 10. TITLE. The Scllcr wamnts full, clear and unrestricted title in the Purchaser for all equipment. materials, and items furnished in Performance of this agreement. free and clear of any and ill liens, restrictions, reservations, security interest encumbrances and claims ofmhcrs. The Seller shall release the Purchnscr and its contractors of nnv tier from all liability and claims of any nature resulting from the performance of.such work. This release shall apply even in the event of Liult of negligence of the patty released and shall extend In the directors, offices and employees of such party. The Seller's contractual obligations. including wamnty, shall not he deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PAT17N'IS. Whcncvcr the Seller is required to use any design, device. mmcri it or process covered by Icncr, patent trademark or copyright, the Scllcr shall indemnify and save harmless the Purchaser form any and all claims for infringement by reason of the use of .such patented design, de, ice. material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be natured to pay by reason of such infringement at any time during the prosecution or after the completion i 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 pan is enjoined. the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using mid equipment or pans. replace the more with substantially equal but naniafringing equipment, or modify it so it hccomcs naninfringing. 15. INSOLVENCY. If the Seller shall hecamc insolvent or bankrupt. make an assignment for the benefit of creditors, appoint a rich. cr or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser militant liability. 16. GOVERNING LAW. The definitions oftemu used or the interpretation ofthe agreement and the rights ofill panics hct under shall he construed under and govcmcd by the Imes ofthe State ofCMomdo. USA. The following Additional Conditions apply only in eases where the Seller is to perform work hereunder. including the scn ices of Scllcr, Rcprcsenmtive(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on mid work m Scllees own risk until the tame is fully completed and accepted, and shall. in case of any accident desnaction or injury to the work and/or materials before Scller's final completion and ,acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials nod equipment arc furnished by others for installation or erection by the Sellce the Scllcr shall receive, natural. store and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. 19. INSURANCE:. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease hencfits, to its employees employed on or in connection with the work coverd by this purchase order, and/or In 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, connocmil and automobile public liability iawm:re, wvim brr<hly houry and death limn ,fat least S306,000 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. to Provide for such eompenmlier and insurance Before any afthe Sellers or his contractors employces shall do any work upon the premises of rimm. the Scllcr shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date .when such compeasmion and insm,nce have been provided. Such certificates shall specify the date when such compensitim and insnranee expires. The Scllcr agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19, PROI'ECIIDON AGAINST ACCIDENTS AND DAMAGES. The Seller hereby as movs the entire responsih hly,ad Iiahility f r my and ill damage. loss or injury of any kind or nature wvhm,,wvcr to persons or property, caused by or retailing from the execution afthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Parehamr cod any ar all of the Purchnscrs officers, agents and employers from and against any and all claims, losses, damages, charges or expenses, whether direct ar indirect unit whether to persons or property to which the Purchaser may be put or subject by reason of any act action, neglect rmission or default on the pan 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 Purchase, or its on! ccas. agents or entplaYee s al any time on account or by reason of any act action, neglect, emission or defmr It of the Seller of any of his contractors or any of its or Omcir olfccm, ,agents or employees as afommid, the Seller hereby agrees to assume the defense thereof and to defend the same m the Sellers own esp..xc, to pay any and ill costs, charges, itromcys fees and other expenses, any and all judgments that may he incurred by or obtained against the Pumhacr err any of its or their effects. agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained ngdam the prrPerry of the Purchaser. or said parties 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 otherwise, The Scllcr and his contractors shall like all safety precautions, famish and install ill guards necessary for the Prevention of accidents, enmply mith tilt law, and regulations wish regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all riles and regulations issued pursuant thereto. Revised 01/2010