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HomeMy WebLinkAbout102564 DELLENBACH MOTORS - PURCHASE ORDER - 9122447PURCHASE ORDER PO Number Page City Of9122447 1 of z Collinshis number must appear Flirt C ,�—J`-' ` 1 1 on all invoices, packing slips and labels. Date: 04/27/2012 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 Oki �I0 - 099 H jA6S -y tj J Delivery Date: 04/26/2012 Buyer: JAMES HUME Note: 2012A lease purchase Line Description Quantity Ordered UOM Unit Price Extended Price 1 2012 Chevy Traverse 1 LOT EA 25,168.00 per 4-26-12 quote Attn: Ron Heusinkveld Dept: Investigations Color: Dark Blue Deliver vehicle & title documents to: Fleet Main Shop, 835 Wood Street, Fort Collins 221-6613 2 3rd key 1 LOT EA 65.00 C3. OYla:�nQ J� 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 Total $2 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tenns and Conditions Page 2 of 2 1. COMMERCIAL DETAILS_ To, exemprinns. By statute the City of Fort Collins is escmpt farm, state and local oases. Onr Exemption Hornbeck 9R-W502. Federal Excise Tax Exemption Certificate of Registry 94-60005R7 is registered with the Collector el' Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a), Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when Shipped or due to defects of damage in transit, may be remained to you for credit and are not to be replaced except npnn receipt of written instructions form the City of Fon Collins. Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon avid Performance of the terms and conditions hereof, failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the victor of a breach, the acceptance efor payment for goods hereunder or approval of the design. shall not release the Scllcr of any of the wamntic, or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hercefor anv of its rights or remedies as to any such goods, regardless of when shipped, received or accepted. as to any prior of suhscquent default hereunder. not shall any Parpetted oral modification or rescission of this purchase order by the Pnmhaser operate as a waiver of any ofthe terns hereof Final Acceptance. Receipt of the merchandise, .cervices or equipment in response 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 understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent neon completion ofall applicable required inspection porecdores. violations arc in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing 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.H., City of Fort Collins. 700 Wood St., Fort Collins, CO 90522. unless acquired under federal or state antitrust Imes for such overcharges relating to the particular ponds or services otherxv'ise specified on this order. If pemuis,ion is given to prepay freight and charge separately, the original freight purchased nr acquired by the Purehuser porsuant to this purchase order. bill most aeconrpiry dormice. Additional charges for packing will net he accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance Where manufacturers have distributing points in various pans of the country, shipment is If the Purchaser differs the Seller to correct nonconforming or detective goods by a date to be agreed upon by the espeeted (ram the nearest distribution point m destination, and excess freight will be deducted from Invoice when Purchaser and the Scllcr and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made from greater distance. may cause the work to be perfiamcd by the most expeditious means available to it, and the Seller shall pay all costs assceiad with such work. Permits Seller shall procure at sellers Berle cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules ofthe state. municipality, territory or political subdivision where the work is performed, or required by any other duly constinned public authority having jurisdiction over the work of vendor. Seller father ag ccs to hold the City of Tom Collins harmless from and against all liability and Ins, incurred by them by reason of an asserted or established violation of any Such laws, regulations, nnlinance,. odes and requirements. Autherimtion. All parties to this contract agree that the representatives arc, in fact. horn Fide and possess full and complete anthority to bind said panics. LIM ITAT'ION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional rents and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejccral. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immcdiatch, if you cannot make complete shipment to arrive on ynur promised delivery date as noted. Time is ofthe essence. Delivery and performance must be effected within the time stated on the purchase under and the documents attached hercm. No arcs of the Purchasers including, without limitation, acceptance ofpartial late deliveries, shall opcmte as a waiver fthis pmri,iea. In the event nfany 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 Seller shall not be liable fnr damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reuonable control and without its fault ofncgligcncq such acts of Gnd, acts of civil or military authorities, governmental priorities, Ones, strikes. flood, epidemics, wars or tier., provided that notice of the conditions musing such delay is given to the Purchaser within trve (5) days of the time when the Seller first received knowledge thereof. In the Gwent of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason ofthe delay. 3, WARRANTY, The Seller womnts that all goods, articles, materials and work covered by this order will eonfeum with applicable drawings, specifications. samples and/or other description, given. will be fit for the purposes intended and performed with the highest degam of cam and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Scllcrs bmaeh of vvammy. The Scllcr shall replace. repair or make god, withmn cost to the purchaser. any defects or faults arising within one (1) year or within such longer period of time as may he pmsenbcd by law or by the terns of any applicable w'amnty provided by the Scllcr after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials finished by the Seller. Acceptance or use of gonad., by the Purchaser .shall not constitute a waiver crafty claim under this wamnty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall cstcnd to all damages pro mencly caused by the breach of any of the foregoing wmmitics out guarantees, but such liability shall in no event include Ins, ofpmfits nr loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CI IANGES IN LEGAL TERMS. The Purchnscr may make changes to kcal terns by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tcros other than legal hems. including additions In rr deletions from the quantities originally ordered in the specifications or drawings, by verbal or wninen change order. If any .such change affects the amount due me the time of performance hereunder, an equitable adjustment shall be made. fi. TERMINATIONS. The Purchaser may at any time by written change order. teammate this agreement as to now or all portions of the gads then net shipped, subject to any equitable adjustment bctwcco the panics as to any wok or materials then in progress, provided that the Purchaser shall not be liable for any claims fm anticipated proms on One uncompleted portion of the gads and/or work, for incidental or consequential damages, and that no such mhustmenl he made in favor of the Seller wilh respell to any goods w high are the Sellers standard stock. No such lamination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adiustment must he asserted within Thirty (30) days from the date the change car Icmuination is onkred. R. COMPLIANCE WITH LAW. The Seller warrants that all gads sold hcrcundcr shall have been produced, sold, delivered and furnished in strict compliance with all applicabdc laws and regulations to which the goods arc subject. The Seller shall execute and deliver such documents as may be required to effeel 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 to indemnify and held the Purchaser hnmlcss from all costs and damages suffered by the Purchaser ns a result ofthe Scllcrs failure 10 comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, forany monies due or to become due hereunder without the prior written consent of the other parry. 10. TITLE. The Seller wnrmnts fi01, 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 Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performm,c ed,och work. This rcicose shall apply even in the event of fault of negligence of the Party released and shall extend to the directors, officers and cmpinyccs of such parry. The Seller's contactual obligations, including wamary, shall not be deemed to be reduced, in any way. because such work is performed or caused to he performed be the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller 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 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 ofsech infringement at any time during the prosecution or after the completion of ncc work. In ease said equipment. or any part thereof ur the intended use of the goods, is in such suit held to constitute infringement and the vsc of said 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 said equipment of parts, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes anninfringing. 15. INSOLVENCY. If the Seller shall became ioselvert Or butdmpt, make on assignment for the hone Fit of creditors, appoint a receiver or trustee for cony of the Sellers property or business this order nmy forthwith be canceled by the Purchaser without liability. Ib. GOVERNING LAW, The definitions of terms axed nr the interpretation ofthe agreement and the rights ofall panics hereunder shall be cnnstmed undo and governed by the laws ofthe State of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Scllcrs Represcmativc(s), on the premises nfothcrs. 17. SELLERS RESPONSIBILITY. The Scllcr shall comm on said work at Seller's own risk until the more is fully eonple¢d and accepted. and shall, in case of any accident, destruction or injury to the work and/or materials before Scllcrs final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchnscr. When materials and equipment arc furnished by others for inctdlation or erection by the Seller. the Seller shall receive, unload, store and handle same m the talc and become responsible therefor as though such materials and/or equipment were being Finished by the Scllcr under the order. 19. INSURANCE. The Seller shall, at his awn expense, provide for the payment of workers compensation, including occupational disease benefit,, to its employers employed on or in connection with the work covered by This purchase order. and/or to their dependents in accordance with the laws of the state in which the work is to be done The Seller shall also cam comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits ofar Icasf S300,000 for any one Pv . n. S500,000 for any one accident and property damage limit per accident of S400,IX10. The Seller shall likewise require his contractors. if any, to provide for such compensation and insurance DCmm any of the Sellers or his contractors employees shall do any work mien the Pmn iws crushers, the Seller shall Ravish the Purchaser with a ccnificata that such compensation and insurance have been provided. Such ccnificalcs shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be nmintaincd until a0cr the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the adim reslwn.sibihty and Iiahilire for any and all damage. loss or injury nfany kind or narrate ohm, sver to persons or property caused by or resulting from the execution ofthe work provided for in this purchase order or in councelion herewith. The Seller will indemnify and hnld hnmlcss the Purchase, and anv or all of the Purchasers officers, agents and cmpinyccs from and against any and all chinas, losses, damages charges or expenses, whether direct or indirect. and whether to persons or property to which the Purchaser may be put or subject by reason of any nor aclion. neglect, omission or default nit the part of the Seller. any of his contractors, or any of the Sellers or contractors offerers, agents or employees. In ease any suit or other pmeeelings shall be brought agoinsl the Purchnscr, or its officers, agents or emplmecs at any time on account or he 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 aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers man expense, to pay any and all costs, charges, attorneys fees and Other expenses, any and all judgments that may be incurred by or obtained against the Pnrchawr or any of its or their officers. ,agents or employees in such snits or other proceedings, and in care judgment or other lien be placed upon or obtained against the pmpeny ofthe 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 Seller and his contenders shall take all safety precautions, famish and install all guards necessary for the prevention of accidents. comply with all Imes and regulations with regard In safety including, bnt wilhmu limitation, the Occupational Safety and Health Act of 1970 and all talcs and regulations issued pursuant Ihemto. Revised 0312010