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HomeMy WebLinkAbout496637 EHRLICH VEHICLES INC - PURCHASE ORDER - 9142440Fort Collins Date: 05/01/2014 Vendor: 496637 EHRLICH VEHICLES INC 2625 35TH AVE GREELEY CO 80537 PURCHASE ORDER PO Number Page 9142440 1of2 This number must appear on all invoices, packing sli i and labels. Ship To: FLEET SERVICES - MAIN SHOP CITY OF FORT COLLINS 835 WOOD ST FORT COLLINS CO 80521 Delivery Date: 04/30/2014 Buyer: DOUG CLAPP Note: 2014A Lease Purchase quote/ state bid replace unit# 26701 Line Description Quantity UOM Unit Price Extended Ordered Price 2014 Nissan NV200 Cargo van SV qb (1) reference quote dated 4/30114 per Phil Cisneros Base cost18,595.00 includes rear door glass -add $58.00 to disable Bluetooth _ $18,653.00 Dept: Facilities contact: Ian or Eric ph# 970-221-6613 "Please call 24 hours prior to delivery' 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 EA 18,653.00 Total $18,653.00 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. COMMERCIALDETAILS. Tax exemptions. By stature the City Of Fort Collins is exempt rrom state and local taro. Our Exemplim Noolan is 96-04502. Federal Excise Tax Exemption Certificate of Registry 8afi000582 is registered with me Collator of I L NON WAIVER. Failure of the Purchaser to insist upon mint pert anc<of the tams und mnJidors hermf, failure ar delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Stores 1923, Chapter 39-26, 114 (a). exercise any rights or comedies pmnded herein or by law, failure an promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of my right of the damage in Wasit, may In, rebound to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance hereofor any of its rights or remedies as to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or substantial defiuh hereunder, nor shall any Import coal modification or rescission of this purchase order by the Purchaser opc m as a waiver of my of fe terms Imitation. GOODS arc subject to the City of Fort Collins inspection on arrival. heandf. Final Acceptance. Receipt of the merchandise, services or eximmucal in resporse to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS, andamired 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 fmm ontionst edur. ACCEPTANCE is dependent upon completion of all applicable raluired inspection procedure. violations are in in, home by Han,Purchaer. Thereteforefogood cause and as consideration for executing this purchase order, the Seller hereby assigns bo the Puchaver any and ill claims it may row have or hecafter Fmigbt Teens. Shipmenn mutt be F.O.B., City of Fort Collins, IDo Wood SL, Fon Collins, CO 80522, unless aquied under federal or score antioust lax. for such overcharges m1ming to the particular goods or services o[hanxise specified on this order. Ifpermission is given to prepay fight and charge separately, the original freight purchased or acquired by the Purchaser punuanb to this purchase tiro. bill must necompany invoice. Additional charges for packing will not be accepted. PURCHASERS PERFORMANCE SELLERS OBLIGATIONS. 1f Shipment Distance. manufacturers have distributing points s sea pains the is t ec on by the Mahe Purcand ell the Seller to corer wommigrates or defective goods by a date to h ugreed Rare areare de and de d main I voice w expected from bate nearest distribution corm to dn[ination, and excess freight will be deducted main Invoice when and the Seller, and the Seller thereafter indicate its ime. or unwillingness to comply, the Purchaser ah the ly, the shipments are made fmm greater distance. awr, ro be performed by the most expeditious means available m it, and bhe Sella shall pay ell may cause the an with costs associated with such work. Permits. Seller shall procure at Sella, sole cosy all necessary permits, certificates,Jnuyand licenses squired all political w applicable lawx, regulations, ordinances and rules of the state, mmtory where The Shcef dull release the Purchaser and i¢ contractors of any tier from all liability and claims of any nature d public tha, over the work public amhonry lading aunt i Ran wort i. performed, by any other duly in ton over the resulting (men the performance pfsuch work. Fort Collinsed Seller further an of to bond the City all of r green t pen CoMmn1m from and against ns, liability end loss round by them by reason of m asserted or established violation of any such laws, regulations, ordinances, rules real b li This shall apply nett in the even of (ash of negligence of the panreleased add releaand shall extend to the and rcooiremens. � directors,urs, oRcers and employees ofsuch parry. Aufisma. ion. All panics to this cammcl agree that the repoesenUtives are, in fact, bona fide and possess full and complete authority to bind mid parties. LIMITATION OF PERMS. This purchase Order expressly limits acceptance to the terms and conditions stated herein sn fond and any supplementary or additional terns and conditions aanexed hereto or incorporated herein by reference. Any additional or dithered rams and conditions proposed by seller arc objected to and hereby rescued. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT itmnedimely if you camml make complete shipment to arrive on your promised delivery date as poled. Time is of the ounce. Delivery and performance most be elreca l within the lime Stand on the purchase order and the documents attached hereto. No acts of the Purelown, including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Pnrchacer shot[ have in addition to alha legal and equitable remedies, the option of placing this order elsewhere and holding the Seiler liable for damages. However, me Seller shall not be liable for damages ns a result of delays due to causes not re mmusbly Foreseeable which are beyond its rememble control and without its fault afnegligence, such acts rGm, acs ideivil or military authorities, pwar m ndal priorities, Gres, strikes, Bond epidemics, wars or nobs provided dust notice of the conditions coming Such delay is given to the Purchaser within five (5) days of the time when the Setter first received knawledge thereof In the event of any such delay, the dam of delivery Shan be extended for the proud equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all good, article, materials and work covered by this order will cmfoian with applicable drawings, specifications, samples anchor other descriptions given, will be f for the purposes intended, and Terminated with the highest degree of core and competence in accordance with accepted standards for work of a similar nature. The Seller at to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur or azemnt of the Sellers breach of wmanty. The Seller shall replace, repair or make good, without cost o the purchaser, my defects or faults arising within one (1) Year or within such longer period of time as may be passribe l by law or by the terms of my applicable warranty provided by the Seller after the date of mcepimce of the goals fumished hereunder (azcepmra not to be ummsambly delayed), resulting from initiation or defective work done or materials famished by the Seller. Acceptance or use of good by the Purchaser shall not mnstimte a waiver of any claim under this warranty. Except as otherwise provided in this purchase under, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing mmranties or Romances, ces, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Pomona may make changes to legal mums by mitten change order 5. CHANGES IN COMMERCIAL TERMS. The Puahsser may make any chango so the terms, mher tMn legal amu, including additions to or deletions from me quantifies oogimlly ordered in the specifications a drawings, by verbal or wro m change order. If my such change aliens the amount due or rate time ofpafommance hemunden an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change arder, terminate this agreement m to any or all portions of the goad then act shipped, subjent to my Maiuble adjustment between the panics m to my work or materials then in progress provided then the Purchaser shall not be liable for my claims for anticipated profits m the uncompleted portion of the good andtor work, for incidental m cans aRicatial damages, and that no such edjusmene be made in favor of the Seller with respect to my goods which art the Sellers Standard stock. No such irradiation shall relieve the Purchaser or the Seller of my oftheir obligations as to any good deliveed heremder. T CLAIMS FOR ADJUSTMENT. Anr claim for mijusmmr mush be marked within thirty (30) days Jiom the date the change or mminalimn is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all Good sold hereunder Steil have been produced, sold, delivered and fmished in and compliance with all applicable laws and regulations an which the goods art subjen. The Seller shall execute and deliver such dom mmts as may nd squired to dfct car a idence compliance. All lax. and agulatims cached to W incorporated W agreements of Nis character are hereby incomomted brand by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by me Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither puny shall assign, trmsfea or convey this order, or my monies due or to become due hereunder without the poor wane. moment of the other party. 10. TITLE. The Seller warrants full, clear and mmetoeted title in the Purchaser for all equipment, materials, mW items fumished in peRomnmce of this agreement, Gee and clear of any and all lieu, reVletiom. reservations, samrity interest eocumbmnco and claims of thers, The Sellers contmctml ablignamus, including warmmy, shall not be domed Io be reduud. in any way, because such work is performed or caused m be permnned by the Purchaser. 14. PATENTS. Whenever the Seller is enquired muse any design, device, material or process covered by letter, parent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reamer of the use of such normal design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may nd obliged to pay by reason 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 intended use of the goods, is in such suit held an mnditme infringement and be use of said equipment or pan is command, the Seller shall, at its own expense and at its option, either procure far the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but nmmu ringing equipment, or modify, it an it become noninfinging. 15. INSOLVENCY. If the Seller shall become imohem or bailout make an amignmem for the benefit of emdlmrs, appoint a receiver or trustee for any of the Sellers property or business, this ardor may forthwith be canceled by the Purchassr without liability. I& GOVERNING LAW. The definitions ofit. used or the maryretation of the agreement and the rights of all parties hereunder Shall be construed tiller and gmemed by the lases ofhe State of Colomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hecunder, including the services of Sellers Repamentative(s), on the premises mothers. ❑. SELLERS RESPONSIBILITY. The Sella shall any on said work m Sellers own risk .,it the same is fully completed and accepted mW shall, in case of my accident, destruction or injury to the ..,it anchor malcmd, before Sellers final romp[.. and acceptance, complete the work at Seller's own expense and in the satisfaction of the Purchaser. When materials and ryuipmma are burnished by others for installation or erection by the Seller, the Seller shall reverse, unload, stare and handle same at the site and become responsible therefor m though such materials andtor equipment were being fumished by the Seller rode the order. 18. INSURANCE. The Sella shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employes employed oa or in connection with the work covered by this purchase order, andtor to their dependents in accordance with the laws of rise sm a in which the work is to be done. The Seller shall also any comprehem ve general liability including, but not limited to, commercial and mromobile public handily insurance with bodily injury and death limits of at least S300,00o for my one person. S500,000 Jim my one eccidem and property damage limit per accident of S400,000. The Seller Shull likewise regeire his contractors, if any, to provide for such compensation and insurance. Before my of the Sellers or his contractors employees shall Jo any work upon the premises of others, the Seller shall burnish the Purchaser with a cmlficam that such compensation and insurance have been provided Such cenifcates shall specify the date when such mmpemsation and insurance have ban provided. Such cmmcatics Shan specify the date when such compensation and insurance expire. The Seller agrees Nat such compensation and imurana shall be rminmined mill after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the Bathe responsibility and liability for any and all damage, loss or injury ofany kind in mture.1amovven to persons or property aimed by or minimal, from the cxcentim of the work Fronded for in this purchase order or in comecum herewith. The Seller will indermify and Mld harmless the Purchaser and my r all of the Enrichment officers, agents and employees firm and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be pm or subject by reason of my act, action, neglect, omission or default on the part of the Seller, any of his contractors, or my of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings sbull be brought against the Purchaser, or its officers, agents or employees at my time on account or by reason of my act, action, neglect, omission or default of the Sella of my of his contra rs or my of its m their officers, agents or employees as aforesaid, the Seller M1ereby agues 10 assume the defense thereof mW to defend the same at the Sellers own expense, to pay any mW all cols, charges, momeys fan and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien he placed upon or obtained against the property afthe Purchaser, or said parties in or m a result ofsuch suits or other proceedings, the Sella will at once cause the more to be dissolved and discharged by giving bond or otherwise. The Seller and has contractors shall take all safety precautions, 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 Act of 1970 and all mles and regulations issued pursuant thereto. Revised 03UOIO