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HomeMy WebLinkAbout246056 PEDERSEN TOYOTA - PURCHASE ORDER - 9142151Fort of Date: 04/16/2014 Vendor: 246056 PEDERSEN TOYOTA 4455 S COLLEGE AVE FORT COLLINS CO 80525 PURCHASE ORDER PO Number Page 9142151 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: FLEET SERVICES - MAIN SHOP CITY OF FORT COLLINS 835 WOOD ST FORT COLLINS CO 80521 Delivery Date: 04/16/2014 Buyer: DOUG CLAPP Note: 2014A Lease Purchase replace 21605 Line Description Quantity UOM Unit Price Extended Ordered Price , 2013 Toyota Tundra Crew Max 1 LOT EA 26,500.00 quote dated 2/19/14 2 transportation charge 1 LOT EA 500.00 contact: Ian or Eric ph# 970-221-6613' Deliver vehicles and title documents to Fleet Services Shop 906 W Vine Fort Collins, CO 80521 " call 24 hours prior to delivery " 3 police portion _ 1 LOT EA 9,700.00 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@fogov.mm Total Invoice Address: 01111101 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terrus and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemption. By statute the City of Fort Collin is exempt from state and local taxes. Our Exemption Number is I L NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry M-6000587 is refolded with the Collector of Failure of the purchaser to insist upon strict purf rmance of the narrow and condition hereof, failure or delay W Normal Revenue, Denver, Colorado (Rd. Colorado Revised Stories 1993. Chapter 39-26,114 (a). exercise any rights or commies provided herein or by law, failure to promptly notify the Sella in me event of is breach, the acceptance for payment for goods hereunder or approval fthe design, shall rat release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifwtion, either when shipped or due to defects of any of the warranties or obligation of this purchase order mad shall not b , droned a waiver of any right of the damage in cousin, may be retuned to you for credit and are not W be replaced except upon receipt of wdnen purchaser to inset upon strict performance hereofm any of its rights or remedies n many such goods, mgardless instructions from the City of Fan Collin. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any, purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terns Inspection. GOODS are subject to the City of Fan Collin inspection on arrival. hereof. Final Acceptance. Receipt of the meshardiss, services or equipment in mommem to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorize) payment on the Pont of the City of Fort Collins. However, it is to he understood dui FINAL Seller and the Pardoner reeepam tag in acnW economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violation art in fact home by the Purthaer. Thererfom, for good cause and in consideration for executing this purchase oMer, the Seller hereby assign to be Pumhasor any and all claims a may now have or hereafter Freight Terms. Shipments must be F'.O.H., City of Fan Collins, 700 Wood St., Fort Collins, CO 80522, unless acquired under federal or stale antitrust laws for such overcharges arsing to the paniculm goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the purchaser pursmm to this purchase order. bill most recommit, invoice. Additional charm for waking will sot W accented. Shipment Distance. Where manufacturers have dutriburing points in varion pars of the country, shipmem is expected from the nearest distribution Point to dntinnion, goal excess freight will be deducted from Invoice when shipments arc made to. grata distance. Permits. Seller shall procum at sellers .to cost all arroseary permits, certificates and licenses required by all applicable laws, regulations, odimmeas and rates of the scale, municipality, territory or political subdivision where the work is performed, or required by any oMer duly contlmted public summary having jurisdiction over be work of vendor. Seller father agrees 1m hold ON City of Too Collin formless from and against all liability road lass incurred by them by reason of an acsenm or established violation of any such lawn, regulation, ordinances, rates am re9uiremen.. Authorization. All parties to this contract agree that the representatives to in fact, bona file and possess full and complete authority to bind said Wales. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terms and condition stated harem set forth and any suppicand mry or additional terms and condition mmexd hereto or incorporated herein by reference. Any additional or different terms and condition propel by seller are objected Wand hereby rejeetm. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyau cannot make complete shipment to arrive an your promised delivery date as noted.I ime is arms, essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance criminal late deliveries, shall operate as a waiver afthis provision. In the event crusty delay, the Purelo er shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damage. However, the Sella shall tat be, liable for damage n a result of delays due to wises not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence. such act of God, ace ofeivil or military authorities, govemanental primtles, fires, strikes, Boct epidemics, wars or riot provided that notice of the conditian canning such delay is given to the Purchaser within five (5) days or the time when the Seller most received knowledge thereof. In the event of any such delay, the time of delivery shall be extended for the period mol to the time mainly lost by reason ofthe delay. 3. WARRANTY. The Seller warrants but OR good, articles, moseriak aM wmk covered by this order will conform with applicable comings, specification, sample and%or other desctiptions given, will be fit for the purposes mossidm, and performed with the highest degree of care and competence in accordance with accepted standards far work of a 'milar nature. The Seller agrees to hold the purchaser harmless from any lass, damage or expense which she rumored may suffer or incur on account of me Sellers breach mwatrnty. The Seller shall replace, repah m make good, without cost o the purchase, my defects or faults arising within one (I) year or within such longer period] of time as may he prescribed by law or by the tents of my applicable wammry provided by the Sella after the date of acceptance of the good firrdxh hereunto (acceptance mt in be man amobly delayed), resulting Imm imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchuer shall not onfimm a waiver of any claim under this woranry. Except in otherwix provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any Of the foregoing waaaat,,s. Or gumaatees, bur such liability shall in nos event include Ins ofpmfN or has of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes W legal terra by swinm change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or draw rip, by verbal or women change order. If any such change affect the amount due or the time of performance hereunto, an capitulate adjn.ent shall be made. 6. TERMINATIONS. The Purchaser may at any time by wrimen dmnge aide, terminate Nis agreement as to my or all portion of the goods men not shipped, subject to any equitable i djusment berween the ponies as m any work or materials then in domm, pbvidrd that be Purchaser shall not be liable for any claims for madp rted profits on the uncompleted portion of the good and%or work, for incidental or corscgmmial damages, and that no such adjustment he made in favor of the Seller with respect to any goods which are the Sellers mankind stock. No such nomination shall relieve the purchaser or me Seller ofmy orm eirobligafon n to my goods delivered hereunto. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most he asserted within thirty (30) days from the dam the change or mmtitation is ordered. S. COMPLIANCE WITH LAW. The Seller wnmmt car ill good sold hereunder shall love been produced, sold delivered and furnished in strict enough ... o with all applicable laws and regulation to which the goods are subject- The Seller shall execute mJ deliver such documentt as may be mryimm W effect or evidence compliance. All laws rail eegulation requiaod to be ncorpomtce in agreement of this character are hereby incoryonted herein by this reference. The Seller, agrees as indemnify and hold be PrcM1 wer ham less fmm all count and damages suffered by me Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither good, shall assign, gander, or density this order, or my moms due or to become due hereunder without the prim wainm com nt of the outer parry. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all a pripmen, materials, and items famished in performance of this agreement, free and clear of any and all liens, restrictions, reservation, security interest mo umbmncn road claims orumors. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs be Seller to correct nonconforming or defective good by a date W be agreed upon by she Purchaser and the Sella, and the Sella mermfter indicates its inability err unwillingness W comply, Ne Purohaxr may cause the work m he performed by the most expeditious mean available to it, aid the Seller shall pay all costs sombiat d with such work. The Seller shall release the Pmchner and its contractors of any for from all liability and claims of any nature resulting from the performance of such work. This release shall apply even or the ease., of fault of negligence of be party released and shall drand to the directors, officers and employees of such party. The Seller's contractual obligations, including warranty, shall not be deemed to be, reduced, in any way, because such work is Performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Sella is required to use any design, device, tnmrial at process covered by letter, palest trederwrk or copyright, the Seller shall indemnify and save harmless the Purchaser Imm any and all claims for infringement by ream of the use of such patented design, device, material or proeess in connection with the conuact, road shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by maroon of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or the interdm use of the good, is in such suit held W contirm infringement and the use of said equipmem or part is enjoined, the Seller shall, a1 its own expense and at its option, either procure for the pumhaer the eight to continue using said apripmem or putts, replace the more with substantially equal but nonlerGangmg equipment, err ramify it an it beeoma rmninGrngmg. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or homme for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definition affirms used or the interpretation ofthe agreement and the rights of all penis normal shall he mntrued under and governed by the laws of the Settle ofColomdo, USA. The following Additional Conditions apply only in where the Seller is to perform work hereunder, started, including the started,mSellers Repreen ative(s), con thecases premises ofmi ers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk mail the same is fully completed mad compiled, and shall, in rose of my accident destruction or injury to the work maker materials before Setters fiml completion and acceptance, complete the work At Sellers own expense and to the constriction, of the purchases. When materials and equipment are famished by others for installation or erection by me Seller, the Seller shall receive, .load, store and handle same in the site and become responsible therefor n though such materials and/or equipment were being f ished by the Seller under the added. 18. INSURANCE The Seller shall, in his own expense, provide for the payment of workrs compensation, including occupational disease benefls, to its employees employed on or in connection with the work diverm by this purchase order, dollar to their dependent in accordance with me laws of the state in which the work is m be done. The Seller shall also carry comprehensive general liability including, but not limited W. contractual end automobile public liability insurance with bodily injury, and death dim im oral lent 53 W,000 for any one person, s5 WP00 for any one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his control m, if any, to provide for such rout oreartion and inurmce. Before my of the Sellers re his contractors employees shall do my work upon the premium cranium be Seller shall famish the Purhhaser with a rem fiere ohm such compensation and inargre have been provided. Such certificates; that specify the date when such compensation and insurance have been provided. Such certificate shall specify the dam when such compensation and founder expires. The Seller agcon that such contamination and insurance shall be, maintained until after the entire work is completed and avaptd. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby manure dre entire responsibility and liability for any and all damage, lass or injury nfmy Idnd or .tart answered W person or properly caused by o1 resulting form she execution of me work pmvidm for in min purchase order or in connection herewith. The Seller will indemnify end hold harmless the Pumheer am my r all of be Purchasers officer, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indimal, and whether to persons or property to which me Purchaser may be put or subject by reason of any not, action, neglect, omission or default on the pan of the Seller, my of his comments, or my of the Sellers or contractors officers, agents or employees. In case my suit or other pmeemwgs shall be, brought against the Purchase, or its officers, agents or employees at my time on radical or by reason of my act, action, neglec, omission or default of the Seller of my of his contractors or my of its or their ofrds, agent or employees as aforesaid. be Seller hereby agree an assume the defame mereraf and to defend me same of the Sellers own expense, led pay any and all costs, charges, attorneys fees it other aNgrsses, any and all judgment that may be incurred by or obtained against me Purchaser or any of its or their oRcers, agents or employees in such suit or other prace dings, and in case judgment or other lien be placed upon or obtaind against the property of be Purchaser, or said panics in or n a result of such suit or other procedings, be Sella will at orae taus, the same to he discoNm and diehargd by giving bond or omerwie. The Sella and his ... shall take all safety Precaution, famish and install all guards meessary for the prevention of accidents, comply with all Laws and regulation with regard to safer, including, but without limiaton, me Occupational Safety and Health Ad of 1970 and all rules and regulation issued purntunt therer. Revised Wt2010