HomeMy WebLinkAbout535715 VOLVO OF DENVER - PURCHASE ORDER - 9142144PO
PURCHASE ORDER 914214er Page
C117/ of PURCHASE
9142144 ' of z
' `t Collins
ns This number must appear
` V on all invoices, packing
sli s and labels.
Date: 04/16/2014
Vendor: 535715
VOLVO OF DENVER
7250 E 56TH AVE
COMMERCE CITY CO 80022
Ship To: OPERATIONS SERVICES
CITY OF FORT COLLINS
300 Laporte Avenue
Building B
FORT COLLINS CO 80521
Delivery Date: 04115/2014 Buyer: DOUG CLAPP
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 Replace fuel pump #22033
Case #4392163
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
5,872.05
Total $5,872.05
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
L COMMERCIALDEFAILS.
Tax exemptions. By statute the City of Fart Collins is exempt from state and local poxes. Our Exemption Number is
11. NONWAIVER.
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of
Failure of the Formal a insist upon strict performance of the tents and conditions hereof failure or delay to
Inmmal Revenue, Denver, Colorado (Ref. Colorado Revised Stamm 1923, Chapter 39-26, 114 (a).
exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
breach, the accommum of or payment for goods heeunder or approval oftbe design, shall Out mlense the Seller of
Good Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
mY of the wormtio Or abligations of this purchase order nM shall not be deemed a waiver of any right of the
damage or transit may be returned a you fur credit and art nor a be replaced except upon receipt of written
prombuer to insist upon spill performance hoomfor any of its rights or tanedies as in any such goad, regardless
instructions from the Ciry, of Fort Collins.
of when shipped, received or accepted, as to my prim or subsequent default hereunder, nor shall my ptuported
and modification or rescission of this purchase order by the Purchaser operate is, a waiver of my of the Sams
Inspection. GOODS am subject to the City of Fort Collins inspection on arrival.
hereof.
Final Acceptance. Receipt of the merchandise, Services r equipment in response to this order conresult in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
amhonzed payment on the part of the City of ranCollins. However, it is to be understood thatFINAL
t
Sella word fire Purchaser recognize that in actual economic practice, overcharges resulting from mtilrust
ACCEPTANCE is dependent upon completion cf all applicable required ina,dom procedures.
violations are m fact home by the Purchaser. Theretofore, for goad cause and as consideration for executing this
purchase order, the Sella hereby assigns to the Purchaser my and all claims it may now have or hereafter
Freight Terms. Shipments most W F.O B., City of Fart Collim, 205 Wand St, Fort Collins, CO 80522, unless
acquired prder behind or sire antitrust laxs for such overcharges Slating to the particular goad or unices
otherwise specified on this added. if permission is given in prepay freight mod charge separately, the original freight
purchased or acquired by the Purchaser pursuit to this purchase order.
bill most accompany invoice. Additional charges f pasking will net be acceptd.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Dismnce. Where manufacturers have distributing points at do. parts of the country, shipment is
If the Purchaser directs the Seller to correct nonconforming or defective goods by a&te to be agreed upon by the
expected from the mould distribution paint to destruction, and excess freight will be deducted from Invoice when
Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
shipment, are made from greater distance.
may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all
costs associated with such work.
Permits. Seller shall procure at sellers sale cost all necessary rnnits, certificates and licenses defended by all
applicable lases, regulmiom ordinances add min of the stare, municipality, temtory or political subdo minn where
the work e, performed, m required by my other duly constimmd public authority having jurisdiction ova the work
of vendor. Sella further agrees to hold the City of Fort Collins hamless fmm and against all liability and loss
incurred by them by reason of an a¢ened or established violation of any such lases, regulations, ordinances, Sales
and ne or rats.
Authorization. All parties to this contract agree that the representatives me, in fact, bona fide and possess full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Punhesc Order expressly limits acceptance de. the deeds and conditions shard
herein set forth and any supplementary, or additional ¢Sass ad conditions ammxed beret* Or deadpanned herein by
reference. Any additional or different rents and conthfions purposed by Sella are objected to and hereby jested.
2. DELIVERY.
PLEASE ADVISE PURCHASERG AGENT immediately if yap canna, make complete shipment m am, ran your
promised delivery date as noted. Time is of the essence Delivery and performance most be off.ted within the time
stated on the purchase order and the documents attached hereto. No rats of me Pmcbattn including, without
limitation, acceptance of partial late deliveries, shall operate m a waiver offers provision. In the event of any delay,
Ua Purchaser shall have, in addition to other legal and equitable remedies, the aphou of placing this oajer elsewher,
and holding the Seller liable for damage. Hmwcvrr, the Seller Shan riot be liable for damages as a rent, of delays
due to causes not damnably foreseadile which art be u d its r ommadde central and without its fvalt of negligence,
such arcs ofGod, ads added or military aurhodties, govemmmal pnorilics, f s, Shigeo, flood, epidemics, wars or
riots provided that notice of the conditions musing such delay is given to the Formal within live (5) days of the
lime when the Seller fiat received knowledge thereof. In the event of my such delay, the date of delivery shall be
extended for the period equal to the time actually lost by rman ofthe delay.
3. WARRANTY. ..
The Sella waran. ma, all good. aaichs, dommials aM work covered by this major will conform with applicable
dmvvinpf. spa ificatiom, sample andke other descriptions given, will be fit f tbe pmpmel intended. road
performed with the highest degree of core and mmpneuce in accordance with accepted stmdads far work of a
similar nature. The Sella agrees to hold the purehsser hatmlas fmm any loss, damage Or expense which the
Purchaser may suffer or crewed account of the Sellers breach of wmvanry. The Seller shall replace, repair or make
good, without cost to the purchaser, any defects or faults ansing within one (1) year or within such longer period of
time as may be proscribed by law m by the terms of my applicable womanly pmA&d by the Seller after the date of
acceptance of the goods famished hereunder (acceptance not a be umoulting
nreaambly delayed), from imperfect
or defective work done or matmaa moth ll ed by the Sold. Acceptance or use of good by tbe Parchmer shall not
constiture a waiver of any claim undo this wamanry. Except as oda ewise provided in this purehase cold, the Sellers
liability hacunda shall extent a all damages proximately woad by the breach of my of the forgoing wamntia
ad maranmes, be, such liability shall in no wrnt include loss fprof,. or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchases may make changes to legal terns by written change odder
5. CHANGES IN COMMERCIAL TERMS.
The Purelsyser may make any changm to the hand, other Ilan legal to=, including additions to or deletions form
the quantities ongimlly ordered in the spaificatam or drawings, by vabod or written change color. If any such
change elf" the amount due or the time of performance hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchased may an any time by written change social, dorm mane this agreement as to any or all portions of the
goods then not shipped, subject to any equitable adjustment between the poies as to any work or materials then in
progress provided that the Purchaser shall not be liable for my claims for anticipated profits on the mcompleted
portion of the goods malice work, for incidental or consequential damages, and that no such adjusrood be made in
favor addle Sella wild respect a my goods which are the Sellers sanded stork. No such termireation shall dclieve
the Purchased of the Sella ofmy o'their obligations as a my goods delivered beremda.
T. CLAIMS FOR ADJUSTMENT.
Any claim for ad marmot most be assured within thirty (30) days fmm the date the change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller waiw that all goods sold hereunder shall have been produced, sold, delivered and famished rd strict
compdience with all applicable laws and dgulauas a which the goad are subject no Sella shall execute and
deliver such documents as maybe required a effi n to evidence compliance. All laws and regulations required to be
incorporated in agreements of this chamda are hereby incmrponted herein by Dais reRrence. The Sella agrees as
iMemnify and hold be Purchaser h addles from all vests and damages suffered by the Pe rchnsor as a mull of the
Sellers failure S comply with such law.
9. ASSIGNMENT.
Neither pray shall assign, transfer, or convey this order, or any monies due or a became due bermnda without the
prior wriem consent of the other party.
10. TITLE.
The Sella mot full, clear and pmdtricted title to the Purchase for all equipment, rmtexids, and it. fi cllished
in Performance of this agreement free and clear of my and all diem, rapictions, reservations. sectary modest tio. secodest
encumbrances and claims ofothos.
The Seller shall release the Purchaser and its comractors of any tier field all liability and claims of my name
resulting fmm the performma of such work.
This release shall apply corn in the ,at of fault of negligence of the party released and shall extend to the
directors, officers and employees ofsuch parry.
The Serer, contractual obligmions, including wanmty. shall not be deemed to be reduced, in any way, became
such work is Performed or coed a he prfomted by the Purchaser.
14. PATENTS.
Whenever the Seller S required to use any design. device, matmal or process covered by loner, Wind, uadarcrk
or copyright the Seller shall indemnify and Save hmmless the purchaser from any and all claims for infringement
by mason of the use of such patented design, device, ma¢nal or process in connection with the contract, and
Shot[ indemnify the Purchato for any cost, oc pone or damage which it may be obliged to pay by rmsnn of such
infringemend at any time during the promemlion or after the completion of the work. In case said equipment or
any pan thereof or the intended me of the goon, is in such suit held to constitute Infringement and the we of
said cgmipmmd or part is enjoined, the Seller shall, in its own expense aid at its option, either pressure for the
Purchaser the right to continue using said a mpment or parts, replace the same with Substantially equal but
noninfringing equipment, or modify it m it becomes naSvtH g.
15.INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a
or tme for *ray of the Sellers property or business, this order may forthwith be canceled by the
Pumo
hmer without liability.
16. GOVERNING LAW.
no definitions oftertm hard or the interpretation of the agreement and the rights ofall Fortier herader "I be
consu al water and gavemed by the taus ofthe State afColorado, USA.
The following Additional Conditions apply only in cases where the Sella a on, perform work haepndd,
including the services of Sellers Repmdenmtive(s), on the premises of others.
12. SELLERS RESPONSIBILITY.
The Seller shall carry on mid work at Seller's awn disk until the same is fully completed and accepted, and shall,
in as of my accident destruction or injury to the work md/or materials before Sellers final completion and
acceptance, complete the work at Sellars own expense and to the Satisfaction of the Practical When mateaiaB
and equipment are fumislxd by others for installation or aviation by the Seller, the Sella shall rdeive, adki
store and handle same at the site and become responsible thoefor as though such materials spot equipment
were being fianished by the Seller under the order.
IS. INSURANCE.
The Sella 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 the work covered by this purchase weld,
anrpor S their depender s in accordance with the laws of the stem in which the work is to be done. The Sella
shall also carry compnhetrsive general liability includin& but not limited a, co®mctml Said automobile public
liability insurance with baby injury and death limits of or least $300,00o fur any mre person, SSOO,000 for any
one accident and property damage limit per accident of 5400,000. The Sena shall likewise require his
ifany, to provide for such cmnpa.m,ion and insurance. Before any of the Sellers m his command;
employees shall do any work upon the premises of oll em, the Seller shall famish the Purchaser with a cenificam
thin such comprnsalmn and 4uurance have been provided. Such certificates shall specify the date when such
ompensation 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 maintained unfit after the
entire work is completed eM acce,ted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assuma the coot, roporeibiliry and liability for any and all damage, loss m injury army kind
or nature wlducever a persons or property closed by or resulting farm the execution of the wok provided for m
this purchase other m in connection herewith. The Seller will indemnify and hold hmmless the Purchaser and any
r all of the Puehasers Slicers, upon. and employes ftom and again, my and all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether to persons or propMy m which the Purchaser may
be put or subject by reaan of my rat action, neglect omission or default on the part of the Seller, any of his
command, or my of the Sellers or contractors Slicers, agents or employes In case my suit or other
proceedings shall be brought against the Forehand, or is officers, agents or employees 0 my time on accomet or
by (coed of my act action, ru glav, omission or default of the Sella of my of his cavtncmrs or my of its or
their officers, agents or employees m aforesaid, the Sella hereby agrees a assume flee defense thereof and a
defend the same at the Sellers own expense, to pay my and all costs, charges, andou s fees and other expee s,
my and all judgments that may be incurred by or obtained against the Purchaser or any of its or their aticers,
agents or employees in such suits or other proceedings, and in cmu judgment or other lien be placed upon or
obtained against the pmperty of the Purchaser, or said parties in or o a Sault of such suits or the, proceedings,
the Sella will at once cause the come to be dissolved and dischmged by giving band m olhcrvrise. The Seller and
has contractors shall take all safety promotional, famish and install all guard necessary for the prevention of
accidents, comply with all laws and regulations with regard a safety Slowi ng, but without limitation, the
Occupational Safety and Health Act of 1970 and all roles and regulatioes issued pursuit durea.
Revised 03f2010