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HomeMy WebLinkAbout110015 WELD COUNTY GARAGE INC - PURCHASE ORDER - 9122456City OfPURCHASE ORDER PO Number I Page 122456 1 of 2 Fort Collins This number must appear 1 on all invoices, packing slips and labels. Date: 04/27/2012 Vendor: 110015 Ship To: FLEET SERVICES - MAIN SHOP WELD COUNTY GARAGE INC CITY OF FORT COLLINS PO BOX 1986 835 WOOD ST GREELEY Colorado 80632-1986 FORT COLLINS Colorado 80521 Delivery Date: 04/27/2012 Buyer: JAMES HUME Note: 2012A lease purchase 22501 replacement Line Description Quantity Ordered UOM Unit Price Extended Price 2012 Isuzu NPR cab/chassis 1 LOT EA 31,930.20 132.5" WB, 12,000 GVWR per quote dated 2-13-12, Attn: Dan Markley Dept: Traffic Deliver vehicle & title documents to: Fleet Main Shop, 835 Wood Street, Fort Collins, CO 80521 Total $31,930.20 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 Fort Collins is exempt from state and local taxes. Our Exemption Number is 08-W502. Federal Excise Tax Exemption Certificate, of Registry Sa-6000587 is registered with the Collector of Intemel Revenue. Denver. Colorado (Ref Colorado Revised Statutes 1973. Chapter 39- 2R, 114 (a). Gook Rejected. GOODS REJECTED due I. Failure to meet specifications, either ,hen shipped or doe in defects of damage in transit. may be returned to you for credit and are not to be replaced except upon receipt of written ntstmelions from the City of Fort Collins, Inspection. GOODS arc subject to the City of Fort Collins inspection on arria:rl. I L NONWAIVER, Failure of the Purchaser to insist upon strict performance of the rem, and conditions hereof, fiilum or delay to exercise anv notify rights or remedies provided hcrcin or by law, failure to promptly the Seller in the vicar of a breach, the acceptance of or payment for goods hereunder err approval of the design, shall not release the Seller of any of the warranties or obligations of this purchase ruler and shall not be deemed a waiver of may right of the Purchaser to insist upon strict performance hereof or any of Its rights or remedies as to mry such goods, regardless of when shipped, received or accepted. as In any prior or subsequent default hmcuradcr, nor shall any pngmned oral n.adif.. torn or rescission of this purcham order by the Purchaser operate is a waiver of uny of the terms hereof. Final Acceptance Receipt of the merchandise, services or cgnipnnnt in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. mnhenzcd payment oa the pan of The City of Fort Collins. However. it is to be tmrl,,t.d that FINAL Seller and the Purchaser recognize that in rental economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion Mall applicable required inspection procedures. violatimts arc in fact borne by the Purchaser.Theretofore. for grand cause and as consideration for executing this purchase enter, the Seller hereby assigns to the Purchaser any and all claims it may new have or hereafter Freight Terms. Shipments must be F.O.B., City of Fort Collins. 70d Wood St.. Fort Collins, CO 80522. unless acquimt under federal or state antitms-T laws f r such overcharges minting to the particular goods or services otherwise specified on this made, If pvmissinn is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchnscr pursuant to this purchase order. hill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCUASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans of the country. shipment is Tribe Purchaser directs the Seller in correct nonconforming or defective goods by a date to be erg ecd upon by the expected from the nearest distribution point in destination, and excess (might will be deducted from Invoice ehen Purchnscr and the Seller, and the Scllcr Thcrcaner indicates its inability or unwillingness to comply. the Purchaser shipments arc made from greater distance. may cause the work to be pofor oxf by Elie most expeditious mans available to il, and the Seller shall pay all costs associated with such work. Permits. Scllcr shall procure an sellers sole cost all necessary permits. ectifatcs and licenses required by all applicable Incas, regulations, ordinances and riles of the state, municipality, territory or political subdivision where the work is perfomed. or required by any other duly constituted public authority having jurisdiction over the work of vendor, Seller father agrees to hold the City of Fort Collins harmless from and against all liability and Inc incurred by them by reason of an asserted or established violation of any .such lays. regulations, ordinances. odes and menu curcu s. Anthorization. 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 or additional toms and conditions annexed hereto rr incorporated herein by reference. Any additional or different toms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipmcro to arrive on your prrniked delivery date as noted. Time is of the essence. Deliver' and performance must be effected within the time stated on the purchase order and the dmeunwnts attached hereto. No nets of The Purchasers including, without Iimimtion, acceptance of partial Inc deliveries, shall operate as a waiver of this provision. In the event of any dday. the Purchaser shall have in addition to other legal and equitable remarries. the option ofpineing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result oFdd.ys due to causes not reasonably forms fertile .which are beyond its rcummable control and without its fault efncgligcoce, such acts of Gad, acts of civil or military emhorities, goyeanmental minorities. Ban, strikes. flood, epidemics. wars or riots provided that notice of the conditions causing such delay is given to the Pntxhrscr within five (5) days of the time when the Seiler first received knowledge thereof. In the event crafty such delay. the date of delivery, shall be extended for the period equal no the time actually lost by reason ofncc delay. 3, WARRANTY. The Seller warrants that all goods, articles, material and work covered by this order will remotion with appliablc drawings, specifications. samples andler other descriptions given, swill be fit for the purposes intended, and performel with the highest degree of care and competence in accordance with accepted standards for work off similar nature. The Seller agrees to hold The purchaser harmless from any loss, damage or expense which the Purchaser any suffer or incur on account of the Sc11crs breach of ssamnty. The Seller shill replace, repair or make grad, without cast to the purchaser, any dc(ens or faults arising within one (I) year m wilhin such longer perind of timers may be prescribed by law er by the terms of any applicable warmnty provided by the Seller after the date of acceptance of the goods furnished hereunder (acccptance not robe unreasonably delayed), resulting from imperfect at defective work done or ..fee,], furnished by the -Seller. Acceptance or rise of goods by the Purchaser shall nor constitute a iaivcr of any claim under this warmnty. Except a.s otherwise provided in this purchase order, the Scllcr, liability hcrcurdcr shall extend no all damages proximately caused by the breach of any of the foregoing i%amaties or gif.6mcs. but .such liability ,hall in ancient include less of profits orlots of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. J. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal temi%by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes va the tans. other than legal tans, including additions to or deletions front the qurnffc, originally mdcrcd in the specifications or durvings, by verbal or svriuen change filer. Harry such change affects the amount due or the time of performance hermmder, an equitable adjustment shall be made. fi. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as in ray or all portions of the goods then not shipped, subject to any equitable adjustment between the panics as to any work of materials then in pnrgrec provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted potion of the goods and/or work. for incidental or consequential damages, and that no such adjustment be made in farm of the Seller with respect to any goods which ire the Scllcrs standard stock. No such Iermfnation shall relieve the Purchaser or the Seller crafty rf lhcir obligations as in any goods delivered hereunder, 7. CLAIMS FOR ADJUSTMENT. Any elfin, for adjustment must be asserted within thirty (30) days from the state the change or teminntion is mdcrcd. R. COMPLIANCE WITH LAW, The Seller warrants that all goods sold hereunder shall have been produced. sold. delivered and f rousbcd in strict compliance with all applicable laws and regulations to which the goods are subject. 'fire Seller shall execute and deliver such discontents as may be required to effect or evidence compliance. All Ines and regulations required to be incorporated in agreements of this character ae hereby incorporated heroin by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser is a result of the Scllcrs failurc to comply with .such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convoy this order, or any monies due or to become due hereunder without the prior wriucn consent of the other party. 10. TITLE. The Seller worm ats fill, clear and unrcstricncd title to the Purchaser for all equipment. mme...I.. and items furnished in perfmmanec of this agreement, free and clear of anv and all liens. restrictions, rcunmtlons. Security interest cnamhranccs and claims efolhers. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance ofsuch work, This release shall apply even in the event of fault of negligence of the party released and shall extend In the directors, officers and employees af.such party. The Seller's eontncutal obligations, including wwmnty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be perfomed by the Purchaser. 14. PATIENTS. Whenever the Seller is required to use any design, device. material or process emend by letter, patent, trademark or eopyrighl, the Seiler shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device. material of process in cnnnccfion with the cnntraet, and shall indemnify the Purchaser for any cost. expexw or damage which it may be obliged to pay by reason ofsuch infringement it any time during the prosecution or after the completion of the work. in ease said equipment, or any part thereof or the intended use of the goods. is in such snit held to constitute infringement and the use of said equipment or pan is enjoined. the Seller shall. rat its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but n minfriaging equipment. or modify it so it becomes naninfringing. 15, INSOLVENCY. If the Seller shall became insolvent or bankrupt, make an assignment for the benefit of emtitors, appoint a receiver or trustee for any of the Sellers, property or business, this order any forthwith be canceled by the Purchaser without liahility. 16. GOVERNING LAW. The for lion, oftcrms used or the interprcnrtim% of life agreement and the rights doll parties hermmder shall be consumed under nod governor] by the Inv, ol'thc Static of Colende, USA. The following Additional Conditions apply only in cases where the Seller is to performs work hereunder. including the services of Sellers Representative(%). on the prenad,acs ofathers. 17. SELLERS RESPONSIBILITY. The Seller shall cam no said work at Seller's min risk until the ,atom is fully completed and neecptcd, and shall. in ease of any accident destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Scllcr's awn expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by the Seiler. the Seiler shall receive. unload, ,fare and handle same m the .site and become responsible therefor as though such munrcrials and/or equipment were being furnished by the Seller under the order. I R. INSURANCE. Hic Seller shall, at his own expense, provide for the payment of workers compensation. including occupational disease hcnc6ts. to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accmdmme with the laws of the state in which the work is to be done. The Seller shall also curry comprehensive general liability including, but not limited to, contractual and automobile public linhility insurance with hfdily injury and death limits of It ccast S300.0,M) for any one person. S500,000 for any one accident and propcty damage limit per accident of S400.000. The Seller shall likewise requim his contractors, if any, to provide for such compensation and insurance Before any of the Sellers or his contractors employee shall do am work upon the prmnims afflicts. 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 compensation and insurance have ban provided. Such certificates shall specifv the date when such compensation and insurance expires, The Seller agrees that such compensation and insurance shall be nmintndnctl until free the entire work is completed and accepted. - 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES, The Seller botchy assumes the entire responsibility and liability for any and Al damage, Ins or injury crafty kind or nature whntsfcvcr to persons or property caused by or resulting from the execution ri work provided for in this purchase order nr in connection immix'ith. The Seller will indemnify and hold harmless the Purchaser and any or all of fife Purehnscrs oMe.... agents and employees from and against any and all chinas, Ifsses, damages charges or cxpcnscs, whether direct or indirect and whether to persons or property to %%Inch life Purchaser mzv be pun or uhiect by reason of any net, action. neglect recision or default on The pan of the Seller, any of his contractors. or any of the Sellers or contractors officers, agents or croplici In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agent 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 as rforssaid, the Seller hereby agrees to assume the defense thereof and to defend the come at the Sellers; own expense, to pay any and all costs, charges, mtomcys fees and other cxpcnscs. any and ill judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, agents of employees in such suits or other proceedings, and in case judgment or other lien he placed upon or obtained against the property of the Purchnscr, or said Panics in or as a ,sell rf such suits or other proceedings. the Seller is ill at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his eonnrfcnars shall take all safety pneaulions, furnish and install all guards necessary for the prevention of accidents, comply with all laws and rcgualions with regard to safety including, but without ]initiation. the Occepational Safety and Health Act of 1970 and all odes and regulations issued pursuant thereto. Revised 0312010