HomeMy WebLinkAbout102564 DELLENBACH MOTORS - PURCHASE ORDER - 9143776Fort Collins
Date: 07/03/2014
Vendor: 102564
DELLENBACH MOTORS
3131 S COLLEGE AVE
FORT COLLINS CO 80525
PO Number Page
9143776 1 1of2
This number must appear
on all invoices, packing
slips; labels.
Ship To: ENGINEERING DIVISION
CITY OF FORT COLLINS
281 N COLLEGE AVE
FORT COLLINS CO 80521
Delivery Date: 07/02/2014 Buyer: DOUG CLAPP
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 Yr. Vehicle Lease 1 LOT LS 5,660.52
2012 Chevy Silverado
existing vehicle (Jeff Usher)
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
Total
Invoice Address:
.52
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
Page 2 of 2
I. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Too Collins h exempt f state and beat taxes. Our Exemption Number is
11. NON WAIVER.
98-0s502. Federal Excise Tax Exemption Cal of Registry M (AU058] u registered wish she Collamr of
Failure of she Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to
Internal Resource, Denver, Colorado (Ref Colorado Revised Samoan 1923, Chapter 39-26, 114 (a).
exercise my nghts or remedies Provided herein or by law, failure m pmminly justify she Seller in the event of a
breach, the acceptance of or payment for goorL hemunda or approval of she design, shall not release she Seller of
Goods Rejected, GOODS REJECTED due to failure to meet specifications, either when shipped or due to defer¢ of
my of the warranties or obligations of this purchase order and shall not be dremW a waiver of any right of the
damage in transit, may be returned at you for credit and ere not to be replaced except upon receipt of written
purchaser to insist upon stint performance hereof or any of its rights or remediesas to any such goods, regardless
instructions from the Ciry of Fan Cull ins.
of when shipped, received Or accepted, as ,, any prior or subsequent default hereunder, nor shall any purponed
real modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms
Inspection. GOODS are subject to the City of For Collins inspection on arrival.
hercor.
Final Aceptance. Receipt of she merchandise, services or equipment in relmme to this order can result in
12. ASSIGNMENT OF ANTITRUST CLA [MS.
aurhodmd payment on she pan Of the City of Fe. Collins. However, it is to bs andcrsmod that FB4AL
Seller and the Purchaser recrgnim that in actual economic practice, overcharges resulting tom antitrust
ACCEPTANCE is dependent upon completion of all applicable refuised inspection procedures.
violations are in fact home by the Purchaser. Thereofore, for good cause am as comidemtion for executing this
purchase major, the Sella hereby assigns to she Purdaaer any and all claims it may now have or hereafter
Freight Terms. Shipments must be F.O.B., City of Fart Collins, Io0 Wood St., Pon Collins, CO 80522, unless
acquired under marginal or state anturet laws for such overcharges ¢rating to she puticulmr goods or services
otherwise specified on this older. If permission is given to prepay freight and charge separately, she origiasl freight
purchased or acquired by she Purchaser pursuant to this purchase order.
bill must accompany im-mm. Additional changes for packing will not be accepted.
U.PURCHASERS PERFORMANCE OF SELLERSOBLIGATIONS.
ShipmentDistance.thee.Whereranutemrtrs hmedisation, excss variouspansohhedfrom country,
toner dratibyadate to beagrc, on the
If or defective
Per
voice when
prim to destination, end excess freight will he deducted from Invoice wM1en
p m s rhnor and
nprods
the Puby
indicates its or unwillingnessPurchaser
and the Sellery ingnessd
and the Seller, adthermcorthe
Purchaser and th
Purchaser
expetes i¢ bramblyeanavailable
a odemas from duo
shipments are made Eom gremu distance.
s
supreme
ter,
the most the Seller shall
the work to be porfomtW by the most expeditious means available to if and the Sella shall pay all
may cause work ilable
Wac
costs nssacimed with such work.
Permits. Seller shall procure at sellers sole road all necessary goes and licenses required by all
c,
wilicmes
regulations, ordinances and rules the store, ipali territory or political subdivision where
.applicable Incas,performed,
The Seller shall release the Purchaser mJ its contractors of any tier from all liability and claims of any nature
d public authority over she work
the work is performed, or any usher duly constituted public Saving j
t
resulting from Me performanm of such work.
inssi all
the City Fora Contra harmless from and against all liability and loss;
give, t h eas From
vendor. Seller further agrees
rhold
li
in anted by them by reason of an nsscnN or established violation of any such toes, egulations, ordinance, roles
This orsshall apply even in she event of faun of negligence of she WnY reactedreactedmJ shall extend to she
road rtrem quienrs.
directors,, aBiccrs and employees of such pray.
of
Audhonrntion. All Parries to this contras agree that she uFamsmmtives are, in final, Farm Fide and possess full and
complete authanry m bind said parties.
LIMITATION OF TERMS, This Punchase Omer expressly limits attpnous, m the terms and conditions anted
herein set forth and any supplementary or additioml terms and conditions annexed hereto or incommormed herein by
reference. Any additional Or different terms and conditions proposed by seller arc objected sound hereby rejected.
2. DIiLIVERY.
1'IEASE ADVISE PURCHASING AGENTimmediately if you cannot make ennmlem shipment to naive On your
promised delivery date as noted. Time is of the essence. Delivery vad performance must ha effected within the time
stated on the purchase order and the documents attached herein. No acts of the Purchasers including, without
limitation, acceptance of patul late deliveries, shall operate as a waiver of this provision. In the event of any delay,
the Purchaser shall rave, in addition ro other legal and equitable remedies, the option ofpImm, this Omer elsewhere
and holding the Sella liable for damages. However, the Sella shall not be liable for damages e a result of delays
due to causes not reasonably irrevocable which ate beyond its reasonable control and without its fault of negligence,
such acts of God, acts ofeisil or military amh.hies, governmental Frontier, Jams, index, Road, epidemics, wars or
nos provided Out notice of the conditions causing such delay u given to she Purchaser within five (5) days of the
time when the Sella find received knowledge thereof In the event of any rush delay, the doe of delivery shall M
extended for the period equal to she time actually last by rowan order delay.
3. WARRANTY.
The Seller warrants that all goads, articles, materials and work ev esW by this order will conform with applicable
drawings, spocific.im s, snmPles and/or other decrimions given, will be fit for the purposes intended, and
pichI mal with the highest degree of care and competence in accordance with accepted standards far work of a
mile name, The Seller agree to hold the purchaser bstress fmm any loss, damage or expense which the
Purchaser may suffer or incur on account of the Sellers breach of warrmty. The Seller shall replace, repair or make
goad, without cast to she purchaser, any &room or faults arising within one (1) year or within such longer paned of
time. may be prescribed by law err by the mean of any applicable wis serided by she Seller after she date of
acceptance of the good Mounted hereunder (severance not to be nmeeambly delayed), resulting from imperfect
or defective work done or narenals famished by she Seller. Acceptance or use of good by the Purchaza shall not
onstitute a Waiver of nny claim ruiner this wormy. Except as otherwise provided in this purchase order, she Sellers
liability hereunder shall extend to all damage proximately caused by she breach crony of the foregoing warrantie
or goamntas, 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.
Thor Purchaser may make changes m legal terms by written change under.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser army make any changes to the terms, other than legal terms, including additions to or deletions from
the quantities unusually ordered in the specifications or dmwinga, by verbal or written change order. If any such
change Offecn she amount due m the time ofpcnformmce hereunder, an ryunable adjustment shall be Made.
6. TERMINATIONS.
no Purchasor may at any time by whiten change order, minimum this agreement as to any or all panl.n of ,hc
goad then not shipped, subject to any equitable adjustment between she patios as to any work or mannish then in
progress provided tat the Purchaser shall nor Fee Imble for any claims far anti ales ed 1-fijs On the uncompleted
portion of the goad anchor work, for incidental or emsryueafid damages, and that no such adjustment be made in
favor of the Seller wish respect many goods which arc she Sellers standard stock. No such termination shall relic,
the Purchaser or the Sella ofany of their obligations as to any goods delivered hereunder.
2. CLAIMS FOR ADJUSTMENT.
Any claim lot adjustment must be asserted within thirty (30) days fmm the date the change or nomination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict
compliance with all applicable laws and regulation to which the goods ate mbjat. The Seller shall execute and
deliver such documents as may be required to effect or evidmee compliance. All laws and regulations r yuired to be
iacoryorated in agreements of this character arc hereby amalgamated herein by this reference. The Sella agrees to
indemnify and hold the Purchaser huntress from ell corms rand damages mHored by the Purchaser as a result of dhc
Sellers failure in comply with such law.
9. ASSIGNMENT.
Neither patty shall assign, transfer, or convey this order, or any monies due or to became due hereunder without the
prior written consent of she other party.
10. TITLE.
The Seller wamnts full, clear and unmndeted title to the Pmchasa for all equipment, maredah, and it. famished
in perfom a of this names free cad clear of any and ill liens, mmnediom, reservames, sacunry interest
sacumbfir ne. and claims ofothers.
The Sellers trienniums obligations, including warrants, shall not be deemed to be reduced, in any way, because
such x'Oak is performed or rotated M be performed by she Pmcheef.
14. PATENTT S.
Whenever she Seller is rryuired to use any design, device, material or process covered by later, patent, trademark
or copyright. the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement
by reason of the use of such patented deaigo, devle, material or vMm- in connection wish the cons ..L and
shall indemnify the Purchaser fim mry cost, expense or damage which it may be ubligal to pay by reason ofsuch
infringement at any time during she prosecution or after the completion of the work. In case said ryuipmenr, or
any pan themol' or she intended use of the goods, is in such suit held to constitute infringement and the use of
said ryuipment or pan is enjoined, she Seller shall, in its own expense and at its option, either procure for the
Purchaser the fight to continue using said equipment or puts, replace the same with substantially ryml but
mninfdnging ryuipment, or modify it M it becomes noninfnnging.
15. INSOLVENCY.
If she Seller shall become insolvent or bankrupt, rake m assimarmand for the benefit, of auditors, appoint a
receiver or under, for any of she Sellers progeny or business, this order may forthwith be canceled by the
Purchaser without liabiliry.
16. GOVERN WG LAW.
no definitions of terms used or the interpretation of the agreement and the sights of all parties hereunder shall be
construed under and gs,Mail by the laws ofthe State of Colorado. USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the services of Sellers Representatives), on she premises of oshas.
19. SELLERS RESPONSIBILITY.
The Seller shall eany on said work at Sellers own task until she same is fully completed and nomptW, and shall
in tax of any accident, destruction or injury to she wok ands. mmenah hcf im Sellers fiml ..,]an. and
acceptance, complete the work at Selleh own expense and dr the safisf erion of the Purchaser, WTen materials
and ryuipment oe Montreal by ushers far installation or erection by the Seller, the Sella shall receive, unload,
store and handle same at the site and become responsible therefor as though such materials anchor ryuipment
were being fumishW by the Seller under the order.
IS. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational
disease heard to its employees employed on or in connection with the work covered by This purchase Omer,
anchor to their dependems in accordance with she laws of the state in which the work is to be done. The Seller
shall also carry comprehensive general liability including, but not limited to, contractual and automobile public
liability insurance with Family injury and death limiu of a leuj S300,000 6r any one person, S5 W,000 for any
one accident and property damage limit per accident of S4QKd000. The Seller shall likewise require his
contractors. arrow. to provide for such compensation and immature. Before any orth Sellers or his contrificurs
employees shall do anv work upon she premises of others, she Seller shall famish she Purchaser wish a certificate
that such compensation and insurance have been Provided. Such cenificata mall specify she date when such
compensation and insurance have been provided Such comfmcaus shall specify the date when such compensation
and infirtionfific expires. The Sella agrees Jut such compensation and insurance shall ha maintained until soon she
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liabiliry for any and at I damage, loss or injury of any kind
Or nature whatsoever to persons or propeny caused by or resulting from the execution of the work provided for in
this purchase order or in connection herewin. 'I he Sella will indemnify and hold hormleas the Purchaser and any
or all of the Purchasers officers, agents and employees from and against my and all claims, losses, damages,
charges or expenses, whether direct at indirect, and whether m Persons or propeny to which she Purchaer may
k put or subject by reason of any act, action, neglect, omission or default on the pan of the Sella, any of his
customers, or any of she Sellers or contractors oflicets, agents or employees. In case any suit or other
proceedings shall be brought against she Purchaser, or its olBcers, agents m employees m my time on acas mt or
by season of any act action. aeglal omission or default of the Seller of any of his contractors or any of its or
Nair officers, agents or employees a aforevid. the Sella hereby agrees to assume the defense thereof and to
defend the same at she Sellers awn expense, to pay any and all costs, changes, attorneys fees and other expenses.
any and all judgments Nat maybe 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 be placed upon or
obtained against the property of the Purchnsea or said porous in or ss a resell of such suits or other proceedings,
the Seller will at once cause the same to be dissolved and d6charged by giving bond or otherwise. The Sella and
his contractors shall take all safety precautions, famish and install all gourds necessary for the prevention of
accidents, comply wish all laws and regulations with regard to safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto.
Revixd 0M010