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HomeMy WebLinkAbout102586 SPRADLEY BARR FORD INC - PURCHASE ORDER - 9141587of Fort Collins Date: 03/18/2014 Vendor: 102586 SPRADLEY BARR FORD INC PO BOX 270710 FORT COLLINS CO 80527-0710 PURCHASE ORDER PO Number Page 9141587 1012 This number must appear on all invoices, packing sli s and labels. Ship To: POUDRE FIRE AUTHORITY - AD 102 REMINGTON FORT COLLINS CO 80524 Delivery Date: 03/17/2014 Buyer: DOUG CLAPP Note: state bid quote Line Description Quantity UOM Unit Price Extended Ordered Price 2015 F250 4x4 Crew/C Series SD C229 reference quote 3/8/14 per Paul Phillips 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 1 LOT LS 26,171.00 Total $26,171.00 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 Four Collins is exempt from state and treat lass. Our Exemption Number u 98-04502. Federal Excise Tax Exemption Certificate of Registry M-6000582 is mgisai d with the Collator of Intemsl Revenue, Denver, Colorado (Ref. Colorado Revised Stamtcs 1993, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet spoifications, either when shipped or due to defects of damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of wri ma instructions from the City of Fort Collins. Inspection. GOODS are subject to the City of Fon Collins inspection an ancient. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order Can result in authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection product. Freight Terms. Shipment must be F.O.M. City of Pon Collins, 200 Wood St., port Collins, CO 80522, unless Otherwise specified on this other. Upmnission of ,,an to prepay f ighl and charge separately, the arigial freight bill most accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipmem is expected from the nmml distribution poinr,, destination, and exwss freight will he deducted from Invoice when shipments are made from greater distance. Pornits. Seller shot] procure at sellers sole cost of reaccoon, permits, certificmes and licenses requird by all applicable laws, regulations, ordinances and mles ofthe sate, mmlclpohly, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller fuller agrees to hold the City of Too Collins harmless Gom and again,, all liability am lass anon by he. by reason of an auemed or established violation of any such laws, rcgulaioas, ordinance, rvles ad requirements. Amin imtum. All panda 10 this eaten agree that the rmroo mlives am, in fact, boa file and possess bill and complete authority to bind said Father. LIMITATION OF TERMS. This Purchase Order expressly limits mcepmnce Io the to. and conditions strd herein set mob and any supplementary or additional terms and conditions amlexed hereto or incorporated herein by oil emooe. Any additional ar different lams and mndaions proposed by seller arc objected m and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT inimedi,nely if you comm make ima,lete shipment Io arrive no your roomier! delivery date as soled. Time is of the awmav Delivery oad per[ummnce must be effected within the time stated on the purchase order and the documents annched homm. No rats of the Parchasers including, without limitation, acceptance internal late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal all equitable mint the option of plming this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result ofdelays due to causes not reasonably Inconsumable which are beyond its reasoable camel and without its fault of negligmoo, such tit of God, acts c fcivil or military aulhorilis, momemeawl prionfiq fires, strikes, flood, epidemics, wars or was provided that notice ofthe conditions causing such delay is given to the Purchaser within five (5) days of Ile time whom rise Seller first received knowledge therm[ In the event of any such delay, the date of delivery shall be extended for the periaJ net to the time actually loaf by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will confomr wilt applicable drawings, specifications, smnples torpor other descriptions given, will be fit for the Imposes intended, and performed with the highest degree of core and competence in accordance with accepted standards for work of a similar mount. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or item on woman of the Sellers breach of warranty. The Seller shall replace, repair or make goal, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer peril of time as may be presmbd by law or by the team of any applicable warranty provided by the Seller after the date of acceptance of the goods fumishd hereunder (mceplmce not m be unreasonably delayed), resulting from imperfect or defective work done or materials fumishd by the Selles. Acceptance or we of gods by the Purchaser shall nor mnstimm a waiver of any claim under this warranty. Except res otherwise provided in this purchase order, the Sellers liabil try hemunder shall extend to all damages proximately caused by the branch of any of the foregoing warranties or gmrantess, but such liability shall in no event include loss ofpmfts or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purehnsar may make changes to Iegol mans by wrinm change order. 5. GRANGES IN COMMERCIAL TERMS. Ile Purchaser may make any changes to the terms, other than legal temps, including additions to or deletions from the quantities originally ordered in the specifications or showings, by verbal or vs main change order. If any such change affects the amount due or the time ofpm crfarance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at my time by written change order, mrminae this agreement HIS to any of all portions of the gooks then not shipped, subject to my equitable adjustment between the panics as to any work or materials then in progress provided dot the purchaser shall not be liable for any claims fur anticipated profits an the uncompleted pantos of the goods mein, work, for incidental or mnsequmtial damage, and that no such adj.—, be made in favor of the Sidle, with respect to any Goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller affray of their obligations as to any goods delivered hereunder. 2. CLAIMS FOR ADJUSTMENT. Any efim tar adjustment must be nssrted within thirty (30) days fmm the data the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all good sold hcreumear shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the good are subject. The Sellu shall esecaa and deliver such documents of may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character sum hereby incorpomld herein by this o ference. The Seller agrees to indemnify and hold the Purchaser hammers boom all costs and damages suRcfon by the Purchaser ns a result ofthe Sellers failure m camply with such law. 9. ASSIGNMENT. Neither pray shall assign, firow , or convey this order, or any monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement force and door of my and all liens, restrictions, reservations, security interest mcumbmnces and claims ofothers. It. NONWAIVER. Failure ofthe Purchaser of insist upon strict performance of the terra and mndihons hereof, failure or delay in reercue any rights or femMies provided herein or by law, failure to promptly notify the Seller in the evam ofa breach, the acceptance of or payment far Goods hereunder or approval ofthe domain, dull Out eleaa the Seller of any of the warranties or obligations of this purchase order and shall net be domed a waiver crony right of the purchaser to insist upon strict performance hereofor any of its rights or remedies as to any such goods, regardless of when shipped, received at accepted, as to any prior or subsequent default hereunder, nor shill any Initiated oral ined,fiemion or rescission of this purclume order by the Purchaser operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser one ognio, be, in actual ere ro is prdctire, overcharm ges resulting fixon violations arc in fur home by the Purchaser. rch. Themof em, far igood cause and ns mruidcration for executing this purchase order, rho Seller hereby assigns to the Pumhazer any and all claims it may now, lave or hereafter acquired under federal or sum mlitrvst laws for such overcharges helping to the panioular good or sm'ice, purchased or acquired by the Purchaser pursmnt in this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Puchascr direct the Seller to correct nonconforming or defective good by a data to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its merbiliry or unwillingness to comply, the Prose bsser may cause Ile work to be Functmed by the most aspedhinns means available to it, and Ile: Seller shall pay all costs nsmduted with such work. The Seller shall release the Purchaser and its contractors of any tier from all liabil try and tlalrm of any alum, csulling fmm the performance of such work. This release shall apply even in the event of fault of negligence of the party mlcascd and shall extend b the directors, officers and employees of such tinny. The Se11eJa .1.1.1 obligmums, including warranty, shall tar be daemon of be financed, in any w'ay, because such work is performed or caused to be perfarmd by 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 (roil any and all claims for infringement by reason of the use of such patented design, device, mammal or process In con mnitur with the mmect uad shall indemnify the Purchaser for any cast, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion ofthe work. In case said equipment or any pan thereof or the intended we of the good, is in such suit held to constitute infringement and the use of said equipment or part is enjoined, the Seller shall, at its own expense and at its option, either practice for the Norman, the fight to continue using said equipment or pops, replace the mine with substantially real but noninfringing equipment, or mdify it so it becomes commitment, 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt rake an assignment for the benefit of creditors, appoint a member or Irltme for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16, GOVERNING LAW. The definitions ofterns used or the interpretation ofthe agreement and the rights of oll parties hereunder shall be onstrued under and governed by the laws of the Sate ofColmado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Ropresenative(s), on the premiss of afhers. IT SELLERS RESPONSIBILITY. The Seller shall carry era said work al Sellars men risk until the same is fully completed ell accepted, and shall, in case of any sccidmt destruction in injury to the work mNor materials before Sellers final completion and acceptance, complete the work at Seller's own expense all to the satisfaction of He Purchase. When materials and gafment are f fished by others for installation m erection by the Seller, the Seller shall act unload, store and handle more at the site ad become responsible therefor m though such maered, and/or quipmenr watt being minishd by the Seller under the order. I I. INSURANCE. The Seller dial 1, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees 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 sate in which the work is to be done. The Seller shall also carry comprehensive general liability including, but sat limited to, committed and automobile public liability insurance with bodily injury aul death limits of al lent S3 d,boo for any one person, S500,000 for any one accident and pmpemy damage limit per accident of S400,030. The Seller shall likewise require his contractors, Harty, to provide for such comparison— and ws e. Before any of the Sellers or his cony-mrs employees shall do any work upon the premim i f others, the Sella shall famish the Purchaser wish a mtificate that such compensation and insurance have been provided- Such certificate, mall specify the date when such compensation and insurance have been provided. Such cenieestes Well spoifythe dace when such comp usphion and insurance expires. The Seller agrees that such fom fammu n and insurance shall be mainmind mail after m, entire work is completed ad accented. 19. PROTECTION AGAMST ACCIDENTS AND DAMAGES. The Seiler hereby asmmes the entire nsgnaibility and liability for my and all damage, loss or injury of any kind in nature whatsoever to persons ar property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, agent and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or robot and whether m rumors or property to which the Purolator may be put or subject by reason of any rat, action, neglect, omission of default on the pan of the Seller, my of his contractors, or any of the Sellers or contractors officers, agents or employers. In case any suit or other proceedings shall be brought against the Purchase, or in officers, agents or employees at any time on area t or by reason of any act, action, call omission of default of the Seller of my of his eontracmrs or any of its or than oRcers, agent or employees as aforesaid, the Seller hereby agrees to assume the defects, thereof and to defend the same at the Sellers own expense, b pay any and all lusts, charges, atmmeya fires and other expenses, my and all judgments That may be incurred by or obtained against the Purchaser or my of its or their officers, agents or employers in such suits or other proceedings, and in area judgment or other lien be placed upon or obatnd against the property ofthe Purchaser, or said parties in or as a molt of such suits or other pmcedhngs, the Seller will at once cause the sane to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall hike all safety precautions, famish and install all guards necosury for the prevention of accidents, comply with all laws and regumttons with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1920 and all rates and regulations issued pursnam therem. Revised 03/2010