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HomeMy WebLinkAbout102586 SPRADLEY BARR FORD INC - PURCHASE ORDER - 9122454PO PURCHASE ORDER 912245er Page City Of^ 9122454 ' of z `t Collins This number must appear ` ` J on all invoices, packing slips and labels. Date: 04/2712012 Vendor: 102586 SPRADLEY BARR FORD INC PO BOX 270710 FORT COLLINS Colorado 80527-0710 Ship To: FLEET SERVICES - MAIN SHOP CITY OF FORT COLLINS 835 WOOD ST FORT COLLINS Colorado 80521 n Delivery Date: 04/27/2012 Buyer: JAMES HUME Note: 2012A lease purchase 22400 replacement Line Description Quantity UOM Unit Price Extended Ordered Price 1 2012 F550 4x2 S/C CC per 3-23-12 quote Attn: Paul Phillips Dept: Traffic Fleet ID: QA494 "'Delivery: Drop ship cab/chassis to:"` Altec Industries Attn: Cheryl Kaelin 200 Altec Drive Elizabethtown, KY 42701 tel: 270-505-1567 Ford drop -ship code: 88LAP1 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 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 Total Invoice Address: 32,514.00 4.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Ordcr Terris and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By Sande the City of For, Collins is exempt fmm sate and Iota taxes. Our Excerption Number is 11. NONWAIVER. 9R-0-1502. Federal Excise Tax Exemption Certificate Of Registry 94-MM587 is registered .with the Collector of Failum of the Purchaser to insist upon strict perfomnance of the teas and conditions heeof. failure or delay m Intcmal Revenue Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39 2h. 114 (ar exercise any rights Or remcdics p... LIM herein or by law. failure to Formally notify the Seller in the event Ora breach. the acceptance ofor payment for goods hereunder or approval ofthe design, shall nut release the Shcerof Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or doe to defects of any of the warranties or obligations of this purchase Lander 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 Purchtaer m insist upon .strict performance hercofnr any. of its rights or remcdics as to any such goods, regardless instructions from the City of For, Collins. of when shipped, received or accepted. as to any prior Or subsequent default hereunder. nor shall any purposed Trial modification or rescission of this parclase ender by the Purchaser operate as a waiver of any of the terms Inspection. GOODS arc subject to the City effort 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 Foe Collins. However. it is to be understood that FINAL Seller and the Purchaser recognize tom in :ratual ecnnnm ie practice. Overcharges resullittg front antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection pmecdnrcs. violations arc in fact hone by'the Purchaser. Theretofore, far good cause and as consideration for executing this purchase order, the Seller hereby assigns to the purchaser Lane and Al claims it may now have or hereafter Freight Tems. Shipments most be F O.H.. City of Fart Collins, 71M1 WOM St.. For, Collins. CO S0522. unless acquired under federal or state antitmat Imes for such overcharges relining to the particular goods or services otherwise specified an this order. If permission is given to prepay freight and charge separately, the onginol freight purchased or acquired by the Parchnscr parsumu to this purchase aide,. 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 pans of the country, shipment is Ifthe Purchaser directs the Seller to correct nonconforming or defective goods bya date to be agreed upon by the expected form the ncareat distribution point to destination, and excess freight will be deducted From Invoice when Parchnscr and the Scllcr, and the Scller thereafter indicates 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 all costs ..remold .with such work_ permits. Seller shall preeurc at sellers Sale cost all necessary permits, eenifreates and licenses required by all applicable laws, regldminns, ordinances and ales ofthe state, municipality, territory Or political sabdi,minn where the work is performed. Or required by stay Other duly constituted public authority having jurisdiction over the work of studio. Scllcr further agrees to held 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, onlinoves. rules and requirements, Amhorizntiun. All panics to this contract agree that the representatives are. in fact. bona Fide and possess fill 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 m additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different gems and conditions proposed by.seller arc objected to and hereby miceted. 2. DELIVERY. PLEASE. ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive Oa your premised delivery date as noted. Time is ofthc essence. Delivery and performance most be effected within the time sated on the purchase order and the documens attached herein. No acts of the Purchasers including, is phout limitation, acceptance of partial late deliveries, shall operate as a waiver ofthis pmeision. In the event afany delay. the Pumhascr shall have, in addition to other legal and equitable remedies, the option ofplacing this older elsewhere and holding the Seller liable for damages. Hoocter, the Seller shall net be liable for damages a, a result of delays due to causes not reasonably I ...Lentil, which arc heyond its reasonable control and without its fault ofncgligcncc, .such acts OFGM. acts ofcivil or military authorities. governmental prionties, firts, strikes. flood, epidemics, wars or riots provided that notice afire 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 array such delay, the date of delivery, ,shall he extended for the period equal to the lime actually lost by mason ofthe delay. J. WARRANTY, I'he Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drnvings, specifications. vanities andlor other descriptions given, will he Fin 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 harmless fmm any loss, damage or expense which the Purchaser ram suffer or incur on account of the Scllcrs breach of wmmnty. The Scllcr shall replace, repair or mike good. without cast to the purchaser. any defects Or faults arising within one H) year or within such longer periud of time as may he prescribed by law or by the terms ofany applicable wmmity provided by the Scllcr afer the date Of acceptance of The goods furnished hereunder (acceptance not to be unrcawnnbly delayed), mSalling from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the purchaser shall not constitute a wmicer firmly claim under this warranty. Except as otherwise pmvidcd in this purchase order. the Scllcrs liability remainder shall extend to all damages pmmimatcly caused by the breach ofany of the foregoing wammics or guarantees, but such liability .shall in no 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 chances to legal terms by written change order. 5. CI IANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the quantities onginally ordered in the specifications or drawings, by verbal or Britten change order. It any such change offech the aumunt due or the time of perfomancc hereunder, an equitable adjustment shall he made. fi. TIi RMINATIONS. The Purchaser may m any Time by written change enter. terminate this agreement as to any Or all pmharn of the goods then not shipped subject to any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for tiny taints for anticipated profits out the uncompleted portion of the grads and/Or work, for incidental Or consequential damages, and that no such adjustment be made in freer of the Seller with respect to any goods which arc the Scllcrs standard stuck. No such termination shall relieve the Purchaser or the Seller crony of their obligations as to any goals deliwered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (JO) days from the date the change or termination is ordcmd. g. COMPLIANCE WITH LAW. The Seller w'amins that all goods sold hereunder shall have been preduced, 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 are hereby incorporated herein by this reference. The Seller agrees In indemnify and hold the Purchaser harmless from all costs and damages suffered by the Pnrehascr Las a result of The Scllcr failure to comply with such law. 9. ASSIGNMENT. Ncitha puny shall assign, transfer, or convey this older, or any nannies due or to become due hereunder wabriul the prim written consent ofthc other party. 10. TITLE. The Seller warn its full, clear and unrestricted title to the PLrelnaSr for all equipment. matcrials. and items frnkfacd in performance of this agreement, free and clear of any and all liens, restrictions. resenn ations. security interest encumbrances and claims of others. The Scllcr shall release the ParLII and its contractors of any tier from all liability and claims Tiffany nature rcsuhing from the performance ofsuch wok. This release shall apply even in the Went of fort of negligence of the party released and shall extend to the directors. oltiects and cnplovecs ofsuch party. The Scllcr', contractual obligations, including vvaa rty, shall not be devoted to be mdated, in any way, because such work is perforated or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or paces covered by letter, patch, trademark or copyright. the Seller shall indemnify and, ve hnrrnlc. the Pnrehawr fmm 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 be obliged to pay by reason of such infringement at any time during the prosecution minter the completion ofthe work. In case said equipment. or env parr thercOf Or 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 Scllcr 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 same with substantially equal but naninfringing equipment. or modify it so it becomes noninfriming. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assigmmem for the benefit of creditors, appnim a receiver or trustee for any of the Sellers pmpeny or business, this order may forthwith he canceled by the. Parchnscr without liability. 16. GOVERNING LAW. The definition,, of terns used or the intorPrcation of the agreement and the rights of all panics h rrnmder shall he constned under and govemed by the laws of the State of Colorado, USA. The folloving Additional Conditions apply only in cases where the Seller is to perform work hereunder, including The venices of Scllcrs ReEmscnativc(s), on the pmmises archers. 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 Sellers final completion Land ,acceptance, complete the work at Settees ow expense and to the Satisfaction ofthe Purchaser. When materials and equipment are famished by others for imanllation or crmtion by the Seller. the Seller shall receive, unload. ,two and handle same at the site and become responsible therefor as trench such materials and/or equipment were being furnished by the Seller under the older. 18. INSURANCE. The Scllcr shall, at his own expense, provide for the payment of workers compensation. including occopnional disease benefit,, to it, employees cntplayed on of in camncetion with the work covcrcd by this purchase order. .and/or to their dependents in accordance will the Imes of the state in whirl, the work is to he done. The Seller shall also carry comprehensive general liability including, but not limited to, contmGrml and ar orohile pnblie liability insorance with bodily injury tad death Iinhik of at (cast S300,000 for any one person, S500.0m) for cow one accident and property danage limit per accident of S400,600. The Seller shall likewise require his contrncnors, irony. to provide for such court cnmlien and insurmmc. Before any of the Sellers or his contractors enployccs shell do any work upon the premise, Of others, the Scllcr shall furnish the pnchawr v, Lb n ccnificate that such compensation and insurance have been provided. Such eenifieans shall specify the date MILL such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Scllcr agree, that such compensation and hOumnce shall he maintained until mtcr the entire work is completed and accepted. 19. PROTECTION AGA INST ACCIDENTS AND DAMAGES. The Seller hcmbv assumes the entire responsibility and liability for any and all damage. loss or injury of any kind or failure lure ahmsoever to pc or property y caused by or resitting firm the execution Tribe work pmvidcd for in this purchase older or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Purchasers oReers. agents and employees fan, and against any and all claim,, losses, damages, charges or expense,, whether direct or indirect. and whether to persons or pmpeny to which the Purchnscr may be put or subject by reason of any net, action. neglect omission or default on the pan of the Scller, any of his contractors, or any of the Sellers or contractors officers, ngcnts or employees. In case any suit or other pmcecdings shall be bmnght against the Purchaser. or its officers agents or employees at any time on account or by remwn of any act, action, neglect. omission or default of the Seller of any of his contractors or any of its or their officers, agent, or employees as aforesaid. the Seller hereby agrees to assunan the defense thereof and to defend the same at the Sellers non expense, to pay any and all costs, charges, attorneys fees and other expenses, any and ell judgments that may he ureamd by or otnnincd against the purchaser or any of its or their officers. agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or ohtalncd against the Finnerty ofthc Purchaser. or mid panics in or as a result of such suits or other pmcect ings. the Scllcr will at once cause file snow to he di.olvcd and di charged by giving bond or otherwise. The Seller and his contractors shall like all safety preexmimtt famish and install all goods necessary for the prevention of accidents, comply with all Imes and regulations with regnnl to safety including. but withnat formation. the Occupational Safety and Icalth Act of 1970 and idl mlcs tied regulations issued pursuant thereto. Rcviscd 012010