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HomeMy WebLinkAbout102564 DELLENBACH MOTORS - PURCHASE ORDER - 9143588City of F6rt Collins Date: 06/26/2014 Vendor: 102564 DELLENBACH MOTORS 3131 S COLLEGE AVE FORT COLLINS CO 80525 PURCHASE ORDER PO Number I Page 9143588 1 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS CO 80521 Delivery Date: 06/25/2014 Buyer: DOUG CLAPP Note: Line Description Quantity UOM Unit Price Extended Ordered Price Repair leased unit -estimate #52601 vin#1GCRKSE75CZ108701 reference estimate dated 6/5/14 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 1.795.42 1 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 Forl Collins is exempt from state and local taxes. 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 Purchaser to Past upon strict performance of the terms and conditions hereof, filme or delay to Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26,114 (a). exercise any rights or remedies provided herein or by law, failure to grumpily notify the Seller is 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 nomination, or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be retumed'o you for credit and are not to be replaced except upon receipt of written Purchaser to insist.,.a s'nd performance hereof., any of its rights or remedies as to any such goads, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, a m any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a warver of any of the Istria; Inspection. GOODS are subject of the City of Fan Collins inspection on amval. hereof Final Accphanew Receipt of the merchandise, services of equipment in response to this order can [ esult in 12, ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to be understood thatFINAL Seller and the Purchaser rmognize that in actual economic practice, overcharges resulting from antitrust rforr ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact home by the Patch —Theodolite, goad cause and as consideration for executing this purchase order, the Seller hereby cautious to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of port Collins, 700 Wood Sr, Fan Collins, CO 80522, milers acquired under federal or state antitrust laws for such overcharges relating m the Inertial. goods o, services .,he.,, specified ou this order. If,omissim is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant in this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13.PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. ShipmentDistance,tnce.Wesremanutionpoi hapans country,dfromI shipment is gd sbya dategness to be the HthePer gts lability ethe excesnreight expected from the nearest distribution point a destination, and excess freight will be deducted from Invoice when destination, its inability d complyeduponby ant. comply, the Pumhazer or unwillingnessow adtermlerteetafter indicatesn Purchaser and Ie Seller, and the Seller and she Seller, shipments are made from greater distance, to it, available may eeum the work m be performed by the most expeditious mean available to it, and the Seller shall pay all the cosh associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and roles of the state, municipality, 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 Dole, agrees m hold 11. City of Fort Collins hamdeaz fmm and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, counmece, roles and requirements. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and ,assess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set Cotth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or ditferent terns and variations proposed by seller are objected to and hereby ac,exted, 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou manor make complete shipment to arrive on your promised delivery date as noted. Time is of the eavenrz Delivery and p,,hrnans, most be efreded within the time stated on the purchase offer and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial 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 and equitable remedies, the option of placing this offer elsewhere and holding the Sells, liable for damages. However, the Seller shall not be liable for damages as a result of delays due to carves not reasonably Pontius], which are b yand its reasonable control and without its fault of negligence, such ass of God, acts of civil or military authorities, governmental industries, fires, strikes, Flood, epidemics, wars or hots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller Host 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 reawn of fie delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchases harmless from any loss, damage or expense which the aer Pumbmay suffer or incur on account of the Sellers breach of warrenty. The Seller shall replace, repair or make good, without cast to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the tens or any applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unnonerably delayed), resulting from imperfect err defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not institute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of 'he foregoing waranties or guarantees, but inch 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 Purchaser may make changes In legal tame by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the temp, other than legal terms, including additions to or deletions from the quantities originally ordered in the monfirnfimss or drawings, by verbal or wrinen change order. If any such change affects the amount due or the time ofperformance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this Wre si ern .0 to any or all portof 'he goods then not shipped, subject'. any equitable adjustment between the panes as at any wad or the uncompleted ncompen in progress provided Ira the Purchaser snail not be liable for any claims s, anticipated profits on the uncompleted ,onion of the gods and/or work, for incidental is on, the Seller damages, and that no such adjustment be made in e favor rc the Seller a with respect to any goofs which ere [M1e Sellers s delivered stack. ern such nomination shall relieve the purchaser or the Seller of any oftheir obligations a to any goods delivered hereunder. ). CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or Nownwiou is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and fumished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documen's as may be r f irN to eRed or evidence compliance. All laws and ne,ohnium required to be ncarmanted in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a resin, of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither patty shall assign, transfer, or convey this order, or any monies due or to become due hereunder without he paint written consent of the other parry. 10. TITLE. The Seller warrants full, clear and unrestricted tide to the Nmhww for all equipment, materials, and items Imished in performance of this agreement, free and clear of any and all liuis, restrictions reservations, aecunty interest encumbrances and claims c forhers. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance of such wark. This release shall apply even in the event of fault of negligence of He ,any released and shot[ extend to the directors. ottire ,and emwoyees of such gam. Ile Seller's contractual obligations, including warranty, shall not be deemed ,o be reduced, in any way, because such work is performed or mused to be performed by the Ea ch- 14. PATENTS. When,,, the Sell,, is squired to use any design device, material or process covered by lever, patent, trademark or copyright, the Seller shall indemnify and save hmmless the Purchaser fmm any and all claims for infringement by reason of the use of such patented design, device, material or pmrea in connection with ,M1e contract, and 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 drnng the pmse<ution or after the completion of the work. In case said sampmem, or any pan thereof or the intended use of the goads, 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 procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but mainftinging equipment, or mWiry it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bargeman, make an assignment for the benefit of creditors, appoon a receiver or trustee for any of the Sellers pmpeny or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftem's Wait or the interpretation oflhe agreement and the rights of all parties hereunder shall be consumed under and governed by the laws of the Slate ofColoradr, USA. The following Additional Conditions apply only in con,s where the Seller is to perform work hereunder, including the services of Sellers Represenslive(s), an the premises of.Nero 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in x of any accident, destruction or injury to the work and/or materials before settees final completion and acceptance, complete the work at Sellefs own expense and to the satisfaction of the Purchaser. When matenals and equipment are Imished by .,he. for antsbaliou or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including terminational disease benefits, to its employees employed on or in connection with the work covered by this purchase ord, and%or to their dependents in semblance with the laws of the sate in which the work is to be done. The Seller shall also tarty comprehensive general liability including, but not limited to, contractual and automobile public liability ma... ce with bodily injury and death limits of at least $300,000 for any one person, $500 000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his conformism, if any, in provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such cumbrie as shall specify the date when such compensation and insurance have been provided. Such certificates shall Vestry the date when such compensation and insurance expires. The Seller agrees that such oompanownn and insurance shall be ma ndeinW until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby asumes the entire responsibility and liability for any and all dame,,, loss or injury of any kind or nature whatsoever to persons or 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 r all of the Purchnurs officers, agents and employees from and against any and all claims, lasses, damages, charges or expenses, whether direct or indirect, and whether,. persons or property to which the Purchases may be put or subject by reason of any act, action, neglect, omission or default on the part of the Seller, my of his comments, or any of ,M1e Sellers or to nwasm officers, agents or employees. In case any will or other proceedings shall be brought against life Purchaser, or its officers, agents or employees at any time on accoam or by reason of any oil, it.., neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees As ofians id, the Seller hereby agrees to assume 'he defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purehazer or any of is or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parties in or a a result of such suits or other proceedings, the Seller will at once cause the same in be dissolved and discharged by giving band or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guards wasociry 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 vales and regulations issued pursuant thereon. Revised 032010