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HomeMy WebLinkAbout496637 EHRLICH VEHICLES INC - PURCHASE ORDER - 9143668PO PURCHASE ORDER 914366er Page C117/ of PURCHASE 9143668 t of 3 ' `t Collins ins This number must appear V ` 1 1 � on all invoices, packing sli s and labels. Date: 0710112014 Vendor: 496637 Ship To: WATER TREATMENT PLANT #2 EHRLICH VEHICLES INC CITY OF FORT COLLINS 2625 35TH AVE 4316 W LAPORTE AVE GREELEY CO 80537 FORT COLLINS CO 80521 Delivery Date: 06/30/2014 Buyer: DOUG CLAPP Note: state bid/ quote replace unt # 2251 Line Description Quantity Ordered UOM Unit Price Extended Price 2014 Nissan Leaf 4 dr 1 LOT LS 11,629.44 VIN 1N4AZ0CP4EC334353 2 Second Payment 1 LOT LS 13,879.20 reference quote dated 5/30/14 per Ricky Newman Dept. WR&T - Water Production M 1647 deliver vehicle and documents to: Fleet Services Shop 906 W. Vine St. Fort Collins, CO 80521 Contact: Ian or Eric 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.mm Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Fort Collins PURCHASE ORDER PO Number Page 9143668 20f3 This number must appear on all invoices, packing sli s and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 3 lease title fee & Acq. fee 1 LOT LS 602.20 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.com iiGIi! Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Teals and Conditions Page 3 of 3 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fog Collins is exempt from stare and local taxes. Our Exemption Number is 98-Oflil Federal Eaciw Tax Exemplion Candficam of Registry 84-6000587 is amismml with the Collector of Imam.] Revenue, Denver, Colorado (Ref Colorado Revised Stamens 1973, Chapter 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 recurred to you for credit and are not to be replaced except upon receipt of written moructurat firm the City of Fort Collins. Inspection. GOODS are subjean to the City of Fort Collins inspeclioron amval. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in authmi,md payment on the part of the City of Fort Callins. However, it is in be understand that FINAL ACCEPTANCE is dependent upon completion of.H applicable required inspection procedures. Freight Terms. Shipments must be F.O.B., City of Fog Collier, 700 Wood St, Fort Collins, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight bill must Accompany invoice. Additional charges for poking will not Is, accepted. Shipment Distanc, lVhefc manufacturers have distributing points in y.rimn Pass of the wuA,,, shipment is expected from the nearest distribution prim 10 destination, and tames. freight will be deducted firm Invoice when shipments me made firm greater distance. Permits. Seller shall procure at sellers sole cost all necessary permie, mendicants and licenses required by all applicable laws, regulations, ordinances and rules of the stae, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having Prediction over the work of vendor. Seller fuller agrees to hold the City of Fort Collins harmlexs from and against all liability and loss nn—vid by them by reason of. assured or established violation of any such laws, regulations, ordinances, rules and mquiremenm. Authorization All parties to flux contract agree that the representatives are, in fact, bona fide and possess full And complete authority to bind said parties. LIMITAI ION OF TERMS. This Purchase Orde, expressly limits Acceptance to the terms and conditions traded hernia sd forth and any supplementary or Additional across and conditions coaxial hereto or incorporated herein by reference. Any additional or different dorm all conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGEN Iimmediately if you canned make complete shipment to arrive on your promised ddreery data as noted. Time is of the ess me, Delivery and performance rotor be effected within the lime stated on the purchase order and the documenu attached harem. No acts of the Purchasers including, without hatimtion, acttplanm ofpeg .I Info delivenes, shall maturate As a waiver of this provision. In he event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing 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 canna not reasonably foreseeable which are beyond its reasonable control and without its Ihul1 of negligence, such acts of God, an of civil o, military Amhoddies, governmental priorities, fins, strikes, Hood, epidemics, wan or nods provided tha..lice of the conditions caning such delay is given m flee Purchaser within five (5) days of fhe time when the Seller End 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 ofhe delay. 3. WARRANTY. The Seller warrants that all goods, Acid., materials and work covered by this order will conform with applicable drawings, specifications, surplus amber other descriptions given, will be fit for the purposes intended, and performed with the highest degree of core And competence in zcmrdence with accepted smndarts for work of A similar nature. The Seller agrees As hold the Purchaxr harmless fmm any less, damage or expense which the Purchaser may suffer or incur on account of the Seller breach ofwarranty. The Seller shall replace, repair or nuke Send. wihmn cost 10 the purchase, any defects or faults arising within one (1) year or within such longer period of time An may be prescribed by law on by the ,are of any applicable warranty provided by the Seller Arm, the dale of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or ere of goods by the Furtherer shall not ormimde a waiver of any claim under this warmly. Except As wimmise pmvided in this pumhrw order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties of guarantees, bur 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 Purchaser may make changes to legal maw by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purclmser may make any changes to the terms, other than legal tams, including Additions to or deletions front the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects Are ...At due or the time of terforea. ee hereunder, An equitable adjustment shall be rlvde. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement As to any or All portions of the Funds then nn1 shipped, subject to any equitable adjustment between the parties its to any work or materials then in pmmars. provided mat the Purtktio shall not be liable for nny claims for Anticipated probes nn the uncompleted portion of the goods andtor work, for incidental or coaequenfial damages, and that no such adjmtment be made in favor of the Seller with eastern to any goods which are the Scllm standard stork. No such termination shall admire the Punctuator or the Seller crony oftheir obligations As to any good delivered hereunder. 9. CLAIMS FOR ADJUSTMENT. Any dui ,for adjn.nend ..it be ns—mal union thirty (3o) days fmm he data the change or lerminmi.a is ordered. 8. COMPLIANCE WITH LAZY. The Seller warrants deal all goods sold hereunder shall have been produced, sold, delivered and Famished in strip compliance with all applicable laws and regulations to which the goads are subjoin The Seller shall execute and deliver such doeuments as any be r quited ,, ellcct or evidence compliance. All laws and regulations required 1. be incorporated in agreements of this character are hereby interpreted herein by this reference. the Seller agrees to indemnify and hold the Purchases harmless fmm all costs and damage, sofficred by the Purchaser as a moult of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without he prior written consent ofthe other parry. 10. TITLE. The Seller warrants bill, aka And ane,fticted title An the Purchaser for all equipment, nationals, and hems famished in performance of this agreement, free and clear of any and all lien, restrictions, reservation, mounry interest encumbrances and claims of others. I I. NONWAIVER. Failure of the Puchase, to insist upon strict pert antt of the hams and mMine- hereof, failure or delay,. exceflic any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of A breach, the acceptance afar payment for goods hereunder or Approval ofthe design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of nny right of the purchaser 1. insist upon itnal pe,Potaiance hermi'm Any of its rights or remedies as no any such goods, regaNless of when shipped, received or accepted, as many prior or subsequent default her made, nor shall any protected oral no reunion or rescission of Ws purchue order by the Purchaser operate As A waiver of Any of the rams hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser mogure that in accord economic practice, overcharges resulting from ratified violations am in fact home by the Purchaser. Theretofore�fotgood cause and as consideration for executing this pmchese order, the Seller hereby assigns to the Purchaser Any and all claims it may now have or barbaric acquired under federal or state entitrosr hwx for such overcharges relating m the Particular goods or services ,mchawd or acquired by the Purchaser pursuant to this perchaw maker. 13. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe purchaser directs the Seller to common nonconforming or defective goodx by a data m be agreed upon by the Purchaser and the Seller, and the Seller donea0er indicates its inability or unwillingness to, comply. the Purchaser may cause the work to be pefarred by the moss ce cabllous means available m it, and the Seller shall Pay all costs associated with such work. The Seller shall ,edam the Purchase., and its exametors of any tier from all liability and claims of any nature resulting from the perf car mace of such work. This on. shall apply even in the rent of fault of negligence of the perry released and shall extend m the directors, officers and employees ofmah pray. The Seller's contractual obligations, including warm ay, shall col be deemed do be reduced, in any way, bear... such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, ma trial or process covered by term,, patent, trademark copyright the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by mason of the use of soil, patented desigq device, material or process in connection with the contract, and shall indemnify the Purchaser par any cost, expense or damage which it may be obliged to pay by reason of such infn'nganent at any time during the prosecution or after the completion of the work. In raw said equipment, or Any pan ihemf or the intended use of the guests, is in such suit held An constitute infringement and the use of said equipment or pan is enjoined, the Seller shall. At its own cxperw, And A, its option, either procure for the Purchaser the right to continue using said equipment or pats, replace the same with substantially ryml but noninlringing equipment, or modify it so it becomes noninfroging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an Assignment for the benefit of creditors, appoint a bectiver or iruace for any of de Seller property or business. this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms mail or the interpretation ofhe agreement and the rights of all parties hereunder shall be enswed under And governed by the laws ofle. Sum ofColmodo, USA. The following Additional Conditions apply only in caws where the Seller is to perform work hereunder, including the services of Sellers Ralumer ctivds), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry oa said work At Sellers own risk unlit the same is fully completed and accepted, all shall, in raw of any accident. destruction or injury to the work amber nationals bet Sellers final completion And acceptance, complete the work At Sellers awn expense and to the satisfaction of the Franchiser. When materials and equipment are famished by others fur installation or erection by the Seller, the Seller shall receive, unload, stare all handle same at the site and become responsible therefor As though such nationals and/or equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, in his own expense, provide for the payment of waders compensation, including Aecupatio al disease benefits, in its employees employed on or in connection with the work covered by this purchase order, and/or to their dcpendenn, in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but nut limited to, contractual and Am ... ale public liability insurance with bodily injury and death limits of at least $300,000 for any one parson, S500,000 for any accident all property damage limit per .random of S400,000. The Seller shall likewise require his contacors, if any, to provide for such rompnssation and imurance. Before Any of $e Sellers or his contractors employees shall do any work upon the premises of others. the Seller shall f mish the Purchaser with a certificate that such cumpensation and insurance have been provided. Such certificates shall specify the data when such ompen.aion and insurance It... been pmvidcd Stich wgificates shall specify the slate when such compensation and moumnce expires. The Seller a6 es that such compensation and insumnre shall be maintained until after the entire work is completed all accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire reapomibility and liability for any and all damage, lass or injury Army kind or nature whatsoever to peens or property encased 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 Puahasers officers, agents and employees tram and against any and all claims, lasses, damages, charges or expenses, whether direct or indirect, and whether to person or property to which the Purchaser may be Put o, subject by reason of any act. action, neglect, omission or defauh on the part of the Seller, any of his contractors, or any of the Sellers or connections officers, Agents or employees. In ants, try 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 oflicets, agents ar employees as aforesaid, the Seller hereby agrees to assume the defense lhemf and An defend the same At the Sellers owns expense, to coy any And.11 costs, charges. atl.meys fees And one, expenses, Any and all judgments that eery be i... and by or obtained against the Purchaser or any of its or thev officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained agoimt the p,.,my .17the P... hmcr, or said parties in or as a result of such at. or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take .II safety precautions, furnish and inull all gunk necessary for the prevention of accidents, comply with all laws and regulation will regard m safety including, but without limitation, the Omtputimal Safety and Health Act of 1970 and all roles and regulation issued pursuan, thereto. Revised 0312010