HomeMy WebLinkAbout102564 DELLENBACH MOTORS - PURCHASE ORDER - 9143763Fort Collins
Date: 07/02/2014
Vendor: 102564
DELLENBACH MOTORS
3131 S COLLEGE AVE
FORT COLLINS CO 80525
PURCHASE ORDER
PO Number Page
9143763 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: 07/02/2014 Buyer: DOUG CLAPP
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
i One 2012 Express 15 pass van
Per quote datad June 24, 2014
reference email dated 6/24/14
per Ron H.
includes seat repair and new tires
Dept: Fleet
Contact: Ian or Eric
ph# 970-221-6613
Deliver vehicle and title documents to:
Fleet Services Shop
906 W. Vine St.
Fort Collins, CO 80521
Please call 24 hours prior to delivery "
,yly,, P14
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.wrn
1 LOT LS
21,000.00
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. COMMERCIALDEFAILS.
Tax exemptions. By statute the City of Fort Collins k exempt firm slate and local taxes. Onr Exemption Number is
98-04502. Federal Excise lax Exemption Certificate of Registry 84-6000587 is registered with the Collector of
Inmmal Revenue. Denver, Colorado (Ref. Colorado Raised Statute 1973, CTupter 39-26, 114 (a).
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
damage in transit, may be wormed to you for credit and ore not to be replaced except upon receipt of written
Inswctbns from the City of Fan Collins.
Inspection. GOODS are subject m the City of Fiat Collins inspection on anivul.
Final Acceptance. Receipt of the merchandise, sr.rvices or equipment in response to this order can result it
authorized payment on the put of the City of Fort Collins. However, it is to be, understood than FINAL
ACCEPTANCE is dependent upon completion of all applicable requital inspection procedures.
Freight Terms. Shipments must be F.O.B., City of port Collins, 200 Wood Sr, Fort Collins, CO 80522, unless
otherwise specified on this order. If permission is given to prepay freight and charge sepamMy, the original freight
bill must accompany invoice. Additional charges far parking will wl IN, accepted.
Shipment Distance. Where manufacturers have distributing points in various pans of the counlry, shipment is
expected from the nearest distribution paint to demiadan, and excess freight will be deducted from Invoiw when
shipments art made from gmoder distance.
Permits. Seller shall poseur, at sellers sole cost all tttewary, permits, certificates and licenses required by all
applicable laws, regulations, ordinances and roles of the slate, nmnicipdi,, terrdery or political subdivision where
me work is performed or required by any other duly constituted public authority having jurisdiction over the work
of candor. Seller fuller agrees to hold the City of Fan Collins headless from and against all liability and loss
incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, roles
and requirements.
Authorization. All parties to this contract agree that the coma ntalwa, are, in fact bona fide and mama full and
complete authorry to bind said pries.
LIMITATION OF TERMS. This Purchase Older expressly limits zccepance to rose tomes and variations added
herein set fern and any supplementary or additional Icons and condition annexed nerao or incorporated herein by
reference. Any additional or different tents and conditions proposed by seller are objected m and hereby rejected.
2. DELNERY.
PLEASE ADVISE PURCHASING AGENT immedieely ifyou cannot make complete shipment to arrive on your
premised delivery date as noted. Time is of he essence. Delivery and petfotlnmee roust be effected within the time
stated on the purchase order and tee documents atuched hereto. No aces of the Purchasers including, withoul
nomination, acceptance of partial lade deliveries, shall operate as a waiver of this prevision. In the event orany delay,
the Purchaser thin have, in addition to other legal and equitable remedies, the option of placing this order elsewhere
and holding the Seller liable far damages. However, the Seller shall not be liable for damages m a result of delays
due to causes all reamnably foreseeable which are beyond its reasonable control and with.., its fault of m gligmes,
such acts of Gd, acts of civil err military amhonties, gmorr Wental pralines, fors, mikes, Band, epidemics, wars or
nob provided Oat notice of the conditions causing such delay is given to the Purchaser within five (5) days of doe
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 reason ofthe delay.
3. WARRANTY.
The Seller ements in., all goods, aniclrs, mmeoals and work covered by Nis order will conform with applicable
drawings, specification, samples ardor other descriptions given, will be fit for the purposes intended, and
performed with ,he highest degree of cam and competence in accordance with accepted standards for work of a
similar mature. The Seller agrees m hold the purchaser trial Inns any lass, damage or expense which the
Peninsular may suit or incur on account o'the Sellers breech ofwurmnry. The Seller sholl replace, repair m make
good, wimom cost as the purchaser, any defects or faults raising within one (1) year or within such longer period of
dime as may, be prescribd by law or by the ream of tiny applicable warranty provided by the Seller after the dare of
acceptance of the goods famished hereunder (acceptance not m be unreasonably delayed), resulting from imperfect
or defective work done or materials formal d by the Seller. Acceptance o, use of goods by the Porchnscr shall no,
wastiture a waiver of my claim under this warranty. Except as otherwise providd in this purchase older, the Sellers
liability hereunder shall extend m all damages proximately caused by the breach of any of me foregoing warranties
or guarantees, but such liability shall in no event include loss of profits or loss of as, NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal rams by wniten change .,do,
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to in, mars, other than legal terms, including additions to or deletions farm
the quantities originally ordered in the specifications or drawings, by verbal or women change order. If any such
change affects the amount due or the time of perfomnatce he ... ndeq an equitable adjustment shall be ..it,.
6. TERMINATIONS.
The Purchaser may at any time by written change code, terminate this agreement as to any or all portions of the
goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in
progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
portion of the goods odor work, for iocidenml or consequential damages, and mat no such adjutant be made in
favor of me Seller with respect to any goods which am the Sellers standard stork. No such ertnination shall relieve
the Purchaser or the Seller orally of their obligations as to any gods delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must ho warned within dirty, (30) days from the date de change or nomination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller worried. Her all good sold hereunder shall hove been produced, sold, delivered ad fumishd in strict
compliance with all Wpliable lax, ad togulations to which not goods are subject. The Seller shall exiame and
deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be
incorporated in agreements of this character are hereby Incorporated herein by This reference. The Seller agrees to
indemnify and hold the Furthest, hamlless from all coals and damages suffered by the Purchaser as a reach of the
Sellers failure m comply with such law.
9. ASSIGNMENT.
Neither party shall assign, trans&', of convey this tilde', or any monies due or to become due hereunder without he
prior written consent of me other patty.
10. TITLE.
The Seller warrants full, den. and unrestricted title to the Purchaser for all equipment, mificial, and items famished
in performance of mix agreement face and clear of my and all here, restrictions, reservations, aew.iry interest
meumbmnces and claims creditors.
11. NONWAIVER.
Failure of the Purchaser to insist upon strict performance of me terra and conditions hereof, failure or delay to
exervism any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not reliance the Seller of
any a the waranties or obligations of this purch w order and shall not be thermal a waiver of any right of the
purchaser to insist upon strict Performance hereof or any of its fights or remedies as to any such goods, regardless
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported
mat modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms
hereof.
12. ASSIGNMENT OF ANTITRUSTCLAIMS.
Seller and the Purchaser recognize that in eared economic practice, overcharges resulting fmm antitrust
violations are in fact home by the Purchaser, ne mrofoorfor good cams, and as consideration for executing this
purchase order, the Seller hereby cosigns to the Purchaser any and all claims it may now have or hermlkr
acquired coder partial or slate antitrust laws for such ovechanges relating to the particular goods or services
purchased or acquired by me Purchaser pursuant to this purclurse order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the
Purchaser and the Seller, and the Seller Hereafter indicates its inability or unwillingness to comply, the Purchaser
may cause the work to ho performed by me mast expeditious mans available to it, and the Seller shall pay all
costs associated wild such work.
The Seller shall release the Purchaser and its contractors of any tier (ram all liabil Pry and claims of any nutere
exulting fmm the perfnammce of such work.
This ml. shall apply can in Ne sent of mull of negligence of tic parry releued all shall extend an the
directors, oficers and employees of such party.
The Seller's contractual obligations, including warranty, shall not to deemed to be reduced, in any way, because
such work is ref( ed or caused It No performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required In use arty design, device, material or process covered by label, prom, trademark
or copyright, the Seller shall indemnify and save Fenceless the Pmchsser from any and all claims for dGmgement
by mason of Ore use of such painted design, device, motenal or process in connection with the comma, and
shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by mason of such
infringement at ally little during the prosecution or alter the wmploion of the work. In case said equipment, or
any pan thereof or the intended me of the good, u in such suit held to constitute infrngement and the use of
said equipment or pan is enjoined, the Seller shall, at its own expense ad at its option, either procure for tie
Purchaser the right to continue using said equipment or puts, replace the same with substantially equal but
noniniringing equipment, or modify it so it becomes noninfringing.
IS. INSOLVENCY.
If tee Seller shall become insolvent or bankrupt, make an assignment far me bensfil of creditors, ap,for is
or wnee for my of the Sent. propary or business, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions ofee. used or the interpretation offs a eliminating and Ne rights of all panic heremake shall be
construed order and govemd by the lax, ofine Sam ofcoimado, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
inclading the service fSall— Represmenivds), on the premises afmbers.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall,
in case of my accident, distinction or injury to tee work anNor materials before Sellers Glad completion and
acceptance, complete the work at Sellers awn expend and to me satisfaction of she Purchaer. When materials
and equipment are famished by others for installation or <rcaion by the Seller, the Seller shall receive, unload,
stare and handle some at the site and became responsible therefor as though such materials ampor equipment
were being famished byline Seller union Ne older.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment cfworkers compensation, including occupational
disease benefit, to its employees employed on or in connection with the work covert by this purchase order,
andlor to then dependents in mcoedmce with the laws of the crate in which the work is an No done. The Seller
shall also arty comprehensive general liability including, but not limited to, conlracmol and automobile public
liability insurance with Nodily injury and death limits of at least S300.000 for any one persov. 5500,000 for any
one accident and property damage limit per accident of 5400nW. The Seller shall likewise require his
contractors if any, to provide for such cormanscation and insurance. Before any of the Sellers or his actors
employees shall Oo any work upon the premises of ugmrs, thSeller shall famish the Purchaser with a certificate
that such compensation all courrounce have been provided. Such certificates shall specify the dam when such
compensation suit insurance hove been provided Such certificates shall specify the date when such compensation
and insurance expires. The Seller agrees that such compensation and insurance shall to,maintained until after the
entire work k completed and accepted.
19, PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby astannesthe,mire responsibility and l liability for any and all damage, loss orinjury orally kind
or nature whatsoever to persons or property caused by or resulting from the execution afihe work provided for in
this purchase color or in connection herewith. The Seller will iderrmify end hold Routines, the Purchaser and any
r all of the Purcleuen officers, erg nos and employees fmm and against may, and all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether to persons of property to which the Purchaser may
be put or subject by norm of any act, action, neglect, omission or default on the part of the Seller, any of his
ammeters, or any of the Sellers or contractors officers, special or employees. In cue my suit or other
pmcedings shall he brought against the putchmer, or its officers, agents or employees al any time an revere or
by mown of any act, action, neglect, omission or default of me Seller of my of his contractors or any of its or
their officers, agents or employees as moreaid, the Seller hereby agrees a assume the defense thereof and to
defend the same at me Sellers awn expense, to pay any and ell costs, charges, attomrys fees and other expenses,
any and sell judgmenrs Oat may be incurred by or.brined against the Purchaser or my of its err thew officers,
agents or employees in such suits or other proceedings, and in case judgment in other him be placed upon or
obtained against the property of the Pumhaser, or said panic, in or w a result ofsech suit or other proceedings,
the Seller will at once cause me same to be dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall aka all safety precautions, ficandish and install all guards manasary for file prevention of
accidents, comply with all laws and regulations wild regard an safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant merem.
Revised 03TRUO