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HomeMy WebLinkAbout102564 DELLENBACH MOTORS - PURCHASE ORDER - 9142376Fort Collins Date: 04/30/2014 Vendor: 102564 DELLENBACH MOTORS 3131 S COLLEGE AVE FORT COLLINS CO 80525 PURCHASE ORDER PO Number Page 9142376 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: 04/29/2014 Buyer: DOUG CLAPP Note: 2014A Lease Purchase state bid Replaces unit# 2456 Line Description Quantity UOM Unit Price Extended Ordered Price 1 2014 Chevy Silverado 1500 2wd Double cab WT refernce quote dated 2110/14 per Ron H. Base cost includes: -trailer package-$375.00 -engine block heater-$90.00 -third key-$65.00 Dept: Forestry Deliver vehicle and title documents to: Fleet Services Shop 906 W Vine, Fort Collins, CO 80521 Contact: Ian or Eric 970-221-6613 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 23,452:00 Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terrns and Conditions Page 2 Of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt train apple and local taxes. Our Exemption Number is 11. NONWAWER. 98-04502, Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Pumbesu to insist upon strict performwcc of the to.. and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided Were or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hermnder or approval ofthe design, shall not release the Seller of Goods Rejected, GOODS REJECTED due to filme 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 any right of the damage in Gamsit, may be resumed to you for credit and are not to b, replaced except upon receipt of women purchaser to insist upon strict perfrmmance hereof or any of its rights or comedies as to any such goods, regardless instructions from The City of Fort Collins. of when shipped, received or accepted, as many prior or subsequent default M1erewdh, nor shall any pugmned oral modification or remission of this purchase order by The Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City effort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, smreel o to equipment in response this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment ana The pan of The Gry of Port Collins. However, it is to be understood that FINAL Seller and the Pact hom recognize that in actual economic practice, overcharges ration g from antewsl ACCEPTANCE is dependent upon completion of all TppGcable required inspection procedures- purchases are in het home the Purchaser. n consi for execatinghere this for good cause and as cis may he Purchaser now purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter the Freight Terms. must be F.O.R. City of Fort Collins, 80522, unless e on Wood St, Fort Collins,imy se undo fled or sere antitrust laws for such overcharges relating m The particular goods or services i this Freight isespecifiedon Thisorder.Ifpermissionisgiven be freightand charge separately, be Original freight purchased pumhaad or acquired by the Purchaser pursuant mthis purchase order. billothers iprepay bill must accompany invoice Additional cM1arges far parking will rot be acceptd. 13t PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Where manufacturers have pointsinvarious of the shipment is Shipment rom untry,from Iftheect, Purchaser to be to on by the Sueects r,a Seller a doelingness thee. odestsuibuninand ducted expected from the nearest distribution prim to destination, and excess freight will ha Jdudd Crom Invoice whom he ellerrecrnfter inomdingordability or unwilll comply, Purchaser and the Seller, and Chemed indicates its inability m table m comply, theeall shipments ere made from greeter distance. may taus to it, a may cause the work to be performed by the most expeditious means available to it end the Seller shell pay al by the most pay coats associated with such won. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable and rules The state, municipality, territory or political a ovtsiw where applicable laws, angel i The Seller stall release the and its contractors of any her from all liability and daises of any nature the is performed, or required by any other duly public authority having jurisdiction r e uiredby a l Lion over the work ce newer resulting from the performance ofineM1 work, endk Fort Collinsed vendor. Seller agrees to hold the City and all Coharmless from end all liability and lass incurred li hed in by po regulations, ahem by reason of an assMed or established violation of eery such Ipws, regnlatiws, ordinances, roles This release shall even to The event of Cvuh of negligence of the party released and shall extend to lM1e ce and regnipements. directors, officers end employees of such pony. and a Authorization. All parties to this contract agree that the reppesentatmes no, in fact, bona fide and possess full and complete andmity to bind said panic. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions slated herein set foM and any supplementary or additional terms and conditions annexed herein or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected To and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery dale as poled. Time is of the essence. Delivery and performance most be effected within the time slated on the purchase order and tlm documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall Worse as a waiver of this provision. In the event story delay, the Producer 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 or reasonably foreseeable which are beyond its reasonable cohrol and without its fault of negligence, such ac6 of God, now of civil or military authorities, governmental priorities, fires, strikes, food, epidemics, wars or not, provided that notice of the conditions causing such delay is given to the Purchaser within fee (5) days of the time when the Seller first received knowledge Thereof, In the event of any such delay, the date of delivery shall be extended for the period equal to The time actually lost by mason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, material, and work covered by this order will conform with applicable drawings, specifications, samples Torpor other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care cod competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold The purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects m faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the is. of any applicable warranty provided by Nc Seller after the date of acceptance of the goods Inmished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials Pomished by the Seller. Acceptance or use appears by the Purchaser shall not constitute a waiver, ofany claim node, this wartanty. Except as otherwise provided in this purchase .,it,, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warrwoles or gu ence es, but such liability shall in no event include lass of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchase may make changes to knot It. by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make pay changes to the term; other than legal terms, Including additions to or deletions from the quantities originally ordered in the specificances, or drawings, by verbal or ormen change order. If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all pardons of the goods then not shipped, subject m any equitable adjustment between the Parties as to any work or materials then in progress provided that the Purchaser shall eat be liable for any claims for anticipated profits on tlm uncomplowd portion of the goods and/or won, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goads which are the Sellers standard stack. No such termination shall relieve the Purchaser or the Seiler ofany oftheir obligations us to any goods delivered hereunder. ). CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within troy (30) by, firm the it.,, the change or termivation is ordered. 8. COMPLIANCE WITH LAW. The Seller watmots that all goods sold hereunder shall have been produced, sold, delivered and fumished in incel compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such document, as may be required to effect or evidence compliance, All laws and regulations required to be incorporated in agreements of This character am hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser formless from all costs and damages suffered by the Purchaser us a result of the Sellers Failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign muddier, or convey This order, or any monies due or to become due hereunder which, he prior written consent of the otherpery. 10. TITLE. The Seller wartwt, full, clear cod unrestricted title to the Purchaser for all equipment, maerials, cod in. fum¢nd in performance of Nis agreement, Gee and clear of any and all liens, restrictions, reservations, severity interest encumbrances and claims of'others. The Seller's continental obligations, including warrvnty, shall not be deemed to be reduced in any way, because such won is peffarmnd or ..it m be per[ormd by the Forefoot. 14. PATENTS. Whomever the Seller is required muse any design, device, material or Factor covered by letter, patent Trademark r copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason or the use of such prionled design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, 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 of the work_ In case said equipment, or any part 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 prowre for the Purchaser the right to continue using said equipment or parts, replace the some with substantially equal but noninfringing equipment, or modify it so it becomes nonmfnging. 15. INSOLVENCY. If the Seller shall become insolvent Or bankrupt, make an assignment for the benefit of creditors, appoint is Or trustee for any of The Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofterms used or the interpretation ofthe agreement and the rights of all parties hereunder shall be command underand governed by the laws of the Sate of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform wan hereunder, including the services of Sellers RWresenative(s), on the promises ofoNers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellov, own risk until the same is folly completed and accepted, and shall, in se of any accident, destruction or injury to the wan and/or materials before Sellers final completion and acceptance, complete the work at Seller's own expense cod to the satisfaction of the Purchaser. When currently and equipment are Cumeshed by orders fur moallauon or erection by the Seller, the Seller shall receive, ordered, stare and handle same at the site and become responsible therefor as trough such materials mdCw equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expeose, provide for the payment of wooers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by This purchase orde, and/or to their dependents in accordance with Ode laws of The state in which The work is To be done. The Seller shall also carry comprehensive general liability including, bat net limited In crntmotual and automobile public liability insurance with bodily injury and death limits of at least $300,000 for any one person, $500,000 for any accident and property damage limit per accident of $400,000. The Seller shall likewae require his contractors, if coy, to provide for such compensation and ivaumn¢. Before any of the Sellers or his contractors employees shall do any won upon the premises of others, the Seller shall famish the Pmchasu with a cctffieate That such compensation and insurance have been provided Such certificates shell specify the date when such compensation and insurance have been provided. Such certificates shall specify the data when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until oiler the entire won is completed and voccpteJ. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind or wore whatsoever to persons or properly caused by or resulting from the execution ofthe work provided for in this purchase order or in connection M1erewitit The Seller will indemnify and hold harmless the Purchaser and any r all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct at indirect, and whether to persons or Property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default 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 any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof cod to defend the same at the Sellers awn expense, to pay any and all costs, charges, attorneys fees and other expenses, coy and all jcdgmea. teal may be incurred by or oblamed against the Purchaser or any Of its or Their ollicers, agents or employees in such suits or other proceedings, and in case judgment or other lien he placed upon or chained against the property of the Purchaser, or said parties in or as a result clench suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or othervise. The Seller and his 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 pules and regulations issued pursuant thereto. Revised 032010