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HomeMy WebLinkAbout102564 DELLENBACH MOTORS - PURCHASE ORDER - 9141580City of /11�F„�o_rt Collins Date: 03/17/2014 PURCHASE ORDER PO Number Page 9141580 1o12 This number must appear on all invoices, packing sli s and labels. Vendor: 102564 Ship To: POUDRE FIRE AUTHORITY - AD DELLENBACH MOTORS 102 REMINGTON 3131 S COLLEGE AVE FORT COLLINS CO 80524 FORT COLLINS CO 80525 Delivery Date: 03/17/2014 Buyer: DOUG CLAPP Note: state bid Line Description Quantity Ordered UOM Unit Price Extended Price 2015 Chev Silverado 350OHD 1 LOT LS 38,938.00 CK35943 quote dated 3/10114 per Ron H. Deot: PFA City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul 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 $38,938.00 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 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Cor iBcam of Registry 84-6000587 is registered with the Collector of locr al 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 degas of damage in transit, may be resumed to you for credit and are not to be replaced except upon receipt of written immuclians from the City of Port Collins. Inspedion. GOODS are subject to the City of Fort Collins inspection on arrival. Final Acceplaece. Receiptof the merchandise, se or equipment in response to this order can result in authorized payment an the an of the City of Fort Collins. However, it is m be additional that FINAL ACCEPTANCE,, dependent upon complerion of all appheable required inspection procedures. Freight Tema. Shipments must be FOR,, City of Fan Collins, 700 Wood St, Fort Collins, CO 80522, unless otherwise spwifrd on this older. If permission is given to prepay bright and charge separately, the migiral freight bill most accompany invoice. Additional charges for packing will not be accepted Shipment Distance. Where manufacturers have distributing paints in varions parts of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when ship.,.. are made from greater distance Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the stain, municipality, reritory m political subdivision where the work is performed, or required by any other duly consliwred public authority having jurisdiction over the work of vendor. Seller Posher agrees to hold the City of Fort Collins harmless from and against all liability and loss .cured by them by rea an of an assened or established violation of any such laws, regulations, ordinances, toles and wo,stimarrom,. Authonration. All panics to this contract agree that the mpresentariva are, in fact, bona fide and posses full and complete amhorty to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terns and conditions stared herein set forth and any supplementary or additional terns and conditions annexed hereto or incorporated herein by reference. Any additional or differed semis and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to active on your promised delivery date as doled. Time is of the essence Delivery and performance most be effected within the time sated on the purchase trader and the documents amached hereta. No acts of the Purchasers including, without limitation, acceptance officinal late deliveries, shall operate as a waiver of this prm'ision. In the event many 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 for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable corral and without its fault of negligence, arch acts of Gad, acts of civil or military authorities, governmental prionries, But stokes, Flood, epidemics, wars or mots provided that notice of Ore 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 of any such delay, the dine of delivery shall be extended far the period equal to the time actually lost by reason of the delay. 3. WARRANTY, The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, add performed with the highest degree of care and competence in accordance with accepted smndalls for work of a -milar nature. The Seller agrees to bold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer of incur on account of the Sellers breach of waranry. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by she terms ofmy applicable w.my provided by the Seller after the date of acceptance of she goods fitrnished hereunder (a ... placed no,to be mueasambly delayed), mealtng from imperf t or defective work done or materiels famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of my claim order this warmnly. Except as otherwise provided in this purchase .,do,, the Sellers Lability bereunde shall extend a all damages proximately caused by the breach of my of the foregoing wa urabl es or guarantees, but such liability shall in re event include loss of profits of loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes In legal lam¢ by women change aide,. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal tam¢, including additions to or deletions from the qumtities hri,iddly ordered in the specifications or drawings, by cabal or wrinen change hoer. If any such change affects the amount due or the time ofpe,fotmence hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by wrimen change order, terminate this agreement as to any or all portions of me goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials men in progress provided that the Purchaser shall not be liable for any claims for anticipated parties on the uncompleted portion of the goods and'ar work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any leads which are the Sellers standard stock No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most IN asserted within thirty (30) days tam the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall five been produced, sold, delivered and furnished in stet compliance with all applicable laws and regulations to which the goads me subject, The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required oo be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchase, as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party abet[ assign, transfer, or convey this .,do,, or my monies due at a become due hereunder without the prior written consent ofdhe other party. 10. TITLE. The Seller warants full, dear and umesdrieted title to the purchaser for all equipment, materials, and items famished in performance of this agreement, free add clear of any and all liens, restrictions, reservations, security former encumbrances and claims of others. I LNONWAIVER. Failure of the Purchaser to insist upon strict performance of the tells and conditions hereof, failure of delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Sella in Me event of a breach the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemal a waiver of any right of the Purchaser to insist an s act performance hereof or any of its rights or remedies as I. any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, rim shall any purposed oral modification or -rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Sella and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust violations are in feet home by the Purchaser. Theretofore, for good came and as consideration for extending this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under federal or am" an us, laws for such overcharges relining to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the purchaser directs the Seller to commit doneonforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply. the Purchaser may cause the work to be performed by the most expeditions mega available to it, and the Sella shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance branch work. This release shall apply even in the event of fault of negligeoce of the parry released unit shall extend to the directors, officers and employees of such patty. The Seller's contractual obligations, including warranty, shall not be deemed to be reAuud, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to we my design, device, material or process covered by left¢, paten, 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 each patented design, device, material or process in connection with the contact, and shall indemnify the Purchaser for any cos, expense of damage which it may be obliged to pay by masod of such infngement at any time daring the prosecution or alter fire completion of 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 said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure Cor the Purchaser the right to continue using said equipment or pans, replace the same with mbsmmially equal but caminficar equipment, or modify it so it becomes noninfnging. 15. INSOLVENCY. If the Seller shell become insolvent or ba d mp, make an assignment for the benefit of creditors, appoint a err tmstee I., any of the Sellers property or business, this am,, may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofit. used or the interpretation afthe agreement and the rights of all parties hereunder shall be command under and govemed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work herewder, including the services of Sellers Represenmive(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall rely oa said work at Sellers own risk .ail the same is fully completed and accepted, and shall, in case of my accident, destruction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When come rids and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become obtainable therefor as though such materials and/or equipment were being[ fished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with me 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 warty ebmprehe.ive general liability including but not limited le, cmmecnml and amomobile public liability insurance with badly injury and death limits of al least $300,000 far any one plan, $5.0,000 for any one accident and Family damage limit per accident of S400,000. The Seller shall likewise require his if any, to provide for such compensation and insurance. Before any of the Sellers or his contactors employees shall do my work upon the premises of others, the Seller shall Punish the Purchaser with a certificate that such compensation and insurance have been provided Such eerllficates shall specify the date when rush compensation and insurance have been provided Such certificates shall specify the date when such compensation and insurnmee expires. The Seller agrees that such compensation and insurance shall be maintained until vBe, the entire weak is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind or nature whatsoever to persons or property caused by or resulting from fire execution ofNe work provided for in this purchase order or in connemidn herewith. The Seller will indemnify and hold families the Purchaser and any or all of the Purchasers officer, agents and employees from and claim, any and all claims, losses, damages, charges or expensed, whether direct or indirect, and whether to persons or properly to which the purchaser may be put or subject by reason of any act, action, neglect, omission or defmlr on the pan of the Seller, 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 Purchaser, or its officers, agents or employees at my time on account or by mason of any act, action, neglect, omission or default of the Seller of any of his connacum or any of its 0, their ofticem, agents or employees as aforesaid, the Seller hereby agreed to assume the defuse thereof and to defend the same at the Sellers own expense, to pay any and ail cases, charges, a ewer's fees and other expenses, any and all jridgmmb, that may be incurred by or obtained against the purchaser or any of its or their ORcess, agents or employees in such suits or other procealings, and in case judgment or other lien be placed upon or obtained against the properly of the purchaser, or said plies in or as a result of such suit, or other proceedings, fee Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Sella and his contractors shall take all safety pronounces, 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 Ad of 1970 and all ales and regulations issued pursuant thereto. Revised 03R010