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HomeMy WebLinkAbout112958 IMPORT AUTO BODY - PURCHASE ORDER - 9144305PO PURCHASE ORDER 914430er Page City/ of PURCHASE 44305 1 of 2 ' `tCollinsr This number must appear ` V on all invoices, packing sli s and labels. Date: 07/29/2014 Vendor: 112958 IMPORT AUTO BODY 407 RIVERSIDE AVE FORT COLLINS CO 80524-3201 Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS CO 80521 Delivery Date: 07/28/2014 Buyer: DOUG CLAPP Note: Line Description Quantity UOM Unit Price Extended Ordered Price t Hail damage repairs estimated To cover the cost of hail damage repairs to City vehicles. An invoice for each unit with a unit number and vin number must be submitted to: City of Fort Collins Operation Services PO Box 580 Fort Collins, CO contact: Eric 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 1 LOT LS 40,000.00 $40 Pay terms net 30 days 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. COMMERCIA1,DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Oar Exemption Number is 11. NON WAIV ER. 9dT4502. Fedeml Excise Tax Exemption Cerifcam of Registry 84-6000587 is mgislered with the Collector of Failure of the Purchaser To insist upon strict pert our of the terms and conditions hereof, failure or delay to Internal Revenue, Deaver, Comoside, (Ref. Colomdo Revised Samoa a 1973, Chapter 39-26, 114 (a), exesiss any rights or remedies provided herein or by law, failure to promptly notify the Seller in re event of a breach, the acceptance of., payment for Good harm nder or approval of the design, shall rot release The Seller of Goad RejecsW. GOODS REJECTED due to failure he meet specifications, either when shipped or due to defects of any of re wormrturs or obligations of this purchase order and shall not be deemed a waiver Priory right of damage in rarest, may, be mumord to you for credit and are not to be replaced except upon receipt of women purchaser to insist upon strict performance hertofor any of if rights or comedies as to any such good, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent derndt hereunder, we shall any purposed real modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the bums, Inspection. GOODS am subjam to re City of Fort Collins impaction on arrival. hemvf Final Acceptance. Receipt of the merchandise, services or yuipmem in re,onse to this order an rrnh in 12. ASSIGNMENT OF ANTITRUST CLAIMS. atubmized payment oa the pan of the City of Fiat Collins. However, it is to be understood that FINAL Seller and the Purchaser recognitt that in actual ce o is practice, ercharges resulting from antitmst ACCEPTANCE is dependent upon completion of alp applicable required inspection procedures. violations are in fact name by the Purchaser. Theretofore, four good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Pumhuer any and all claims it may now have or hereafter Freight Terms. Shipmate must be F.O.B., City of Fort Collins, 700 Wood Se. Fors Collins, CO 80522, unless required under federal or stale antitmst laws for such overcharges relating to re particular goods or services otherwise specified on this order. If permission is given to prepay bright and Idea, sepam rly, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bit Prim ncomnany invoice. Additional charges for packing will not be accepted. Shipman Omi err, Whew in mfucmrms have distributing points in various pans of the eoumry, shipment is expensed Gam Inc nearest dim,mutiw paint at destination, and excess freight will he (Wanted from Invoice when shipments are made Gun greater distance. Pennies. Seller shall procure at sellers .sole cos, all necessary permits, cerifemes and licenses required by all applicable laws, regulations, ordinances and telex of re stare, municipaliry, lerrimry or Political subdivision where the work is perfnmed, or required by any other duly constituted public authority hating jurisdiction over the work of version Seller further agrees to hold the City of Fun Collins hatmlem from and against all liability and loss incurred by them by reason of an amend or established violaion of my such laws, regulations, ordinances, roles and re ptiremeat5. AuthoSaation. All pain to this contract agree that re representatives art, in fact. bona fide and possess full and amplem authority to bind said parties. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terns, and mlditioru stated herein set forth and any supplementary or additional farm and conditions annexed hence, or incorporated herein by reference. Any additional or different team and conditions purposed by sager arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou I.. make complete shipmem to move on yom promised delivery due as ..led. Time is .[the essence. Delivery mJ performance meat be Rcard within the time stated on the purchase order and the documents attached harem. 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 .,her legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, ,he Seller shall Iml be liable for damage., as a result of delays due m c:mses mat remomrbly to ... cable which are beyond its reasoable control and without its fault mnegligence, such ace of Gad, acts of civil or military, authorities, governmental priorities, fires, strikes, flood, epidemics, wars or riots provided lea notice of the condllions coming such delay is give', m the Purchaser within five (5) drys of the time when the Seller first received knowledge the of In ,he even, of any such delay, the date of dellvay shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warmms that all goods, articles, materials and work covered by this order will conform with applicable drawing, specifications, samples andar other descriptions given, will be fit for re purposes intended, and Performed with the highest degree of care and competence in accordance womb accepted standard far work of a 'mile, nature. The Seller agree to hold the purchaser harmless from any lox, damage or expense which the Paidemer may sufferer incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects Or faults arising within one (1) year or within such longer period of rime as maybe prescribed by law W by the rem¢ ofany applicable wme.nry provided by the Seller after the date of acceptance of the goods famished hereunder (acceprmer woo be unreasonably delayed). Pending from imperf t in deli Live work fame or materials fmished by re Seller. Acceptance or use of goods by the Purchsser shall rot constitute a waiver of my claim Pater this wamdnry. Except ss oWerwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately amed by re breach of my of the foregoing wo rrentirs or guarantees, but such liability shall in no event include loss of profs or loss of user. NO IMPLIED WARRANTY OR MERCHANTABILD Y OR OF FITNESS FOR PURPOSE SHALL APPLY, 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal Ames by written change order. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, Other than legal team, including additions to or deletions from the quunuic, Originally ordered in the speci llcations or drawings, by verbal or written chnge order. If any such change affects the ammtnt due or the time ofperformance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. T he Purchaser may at any time by written change oNem feminnte this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the ponies as to any work or materials then is progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted punion of the good ardor work, for incidental or consequential damages, form that no such mljmtmear be made in favor of the Seller with respect to my good which are re Sellers standard stock. No such termination shall relieve the Purchaser or the Seller ofany of their obligations as W any good delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for udjunment must M assencd within thins (30) days from the date the change or havimafien is ordered. S. COMPLIANCE WITH LAW. The Seller warm is that all good sold heremder still have been produced, said, i4domred arm famished in strict ompliana with all applicable paws and regulations to which re goods art subject. The Seller shall execute aM deliver such documents as may be required to effect or evidence compliance. All paws and regulations required to be inempombud in i gra metes of Ws character are hereby incapomted herein by This mfiaf The Seiler agrees m indemnify and hold re Purchaser harmless from ail casts and damages sufferw by the Purchaser as a result of the Sellers failure to comply with such 1. 9. ASSIGNMENT. Neither party shall formum transfer, or convey this It or any monies due or to become due hereunder without d prior written consent of the other party. 10. TITLE. The Seller wmonas full, clear and umrsbicted line to the Porch er for at l equipment, materials, and items Punished in performance of this agreement, free and clear of my and all lien, restrictions, reservations, security interest encumbrances and claims ofmhers. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser match; the Seller to collect nonconforming or defective goods by a date to be agreed upon by Ilse Purchaser and the Selleq and the Seller thereafter indictees its inability or unwillingness m comply, the Purchaser may cause the work to be perfumed by the mosl expeditious means available IP it, and the Seller shall pay all I.. roonvinted with such work. The Seller shall release the Purchaser and its contract.. of my Per from all liability and claims of any nature resulting from the performance ofauch work. This release shall apply even in the event of fault of negligence of the party releaed and sit,[) extend P, IM1e directors, officers and employees ofsoch party. The Sellefs communal obligations, including warranty. shall not be deemed t. be reduced, in any way, because such work is prrf heard or caused To be performed by the Pmchasm. 14_PATENTS. Whenever me Seller is required to use any design, device, material or process coverts by leneq parent, trademark caP>m h . the Seller shall indemnify and save harmless the Purchaser form any and all claims fur inGugrmem by remain of re use of such patented design, device, maeral or process in comemion with the contract, and shall indemnify the Foremost for any cost, expense or damage which it may be obliged to pay by reason of such wGngemem or any time during The prosecution or after the completion of the work. In cam, said equipment, or any pen Hereof or the intended rue of the goods, is in much suit held To camtimte infringemem and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at ire option, either procure for the Purchaser the right to continue using said equipment or parts. replace the same with substantially equal but ma uGnging equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shot[ become I ... Ivan or banktept, make an .smmuent for the benefit of aralimm, app nd u receiver or trnstee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. to. GOVERNING LAW. The definitions oftemw used or the interpretation of the agreement and the rights of all parties hereunder shall be omwed under and govemed by the laws of re State dColorado. USA. The fllmaing Additional Conditions apply only in arlwhere the Seller is I. perform work hereunder, Indud gInesenica of Sellers Represenmrive(s). on the premises ofothun. 17. SELLERS RESPONSIBILITY. The Seller shall carry our said wad at Sellers own risk ..,it the same is Billy completed form accepted, and shall, in use of any accident, destruction or injury to the week ardor materials before Sellefa final completion and xcepPimce, complete the work at Settees own expense and to she satisfaction of the Purchaser. When rmen.ls and equipment art famished by others for installation or reaction by the Seller, the Seller shall receive, unload, store ard handle same at the site and become responsible therefor as though such materials antler equipment were being famished by the Seller under The order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers eompnesatlon, including occupational dim are benefits, to its employees employed on or in connection with the work covered by this purchase order, mdbr to their dependents in accordance with the laws of the state in which rose work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability imamnee with hJily injury and death him us of at least yonogm for any one person, $500.000 for any one accident and property damage limit per accident of 8400000. The Seller shall likewise requite his ommnso., if any, to provide to, sucb compensation and ii e. Before any of the Sellers or his mmtractora employees shall do any work upon the premixes of others, the Seller shall famish the Purchaser with a cau icate that such compensation and iusurance have been provided. Such certificates stall specify the date when such compensation and insurance have been provided. Such catlficams shall specify the date when such compensation and insurance expires. The Seller agrees that such compemmion and nourmce shall be mainutined until Be,.the more work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sell,, hereby assumes the enOa respmaibiloy and liability fur any and all damage, loss or injury of any kind or wmre whatsocver to persons or pmpeny PwxN1 by or resulting from the execution ofthe work provided for in this purchase order or in connection hencwidi. The Seller will indemnify and hold harmless the Porch sv and any r all of the Purchase. m 5sers, .gene it employees from and against my and all claims, I.., damages, cu harges expenses, whether direct or indirect, and whether to persons or property to which the Pmchaur ray be put re subject by ¢anon of my ac, action, neglect, omission or default m the pan of the Seiler, my of his comram P, or any of re Sellers or commons officers, agents or employers. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employe, at any time on amount or by reamnt of my act, action, neglect, omission or default of the Seller of my of his ommaore or any of its or rev oic., agents or employees ss afoasaid, the Seller hereby agrees to resume the defame term(and to deferm the same at the Sellers own expense, to Pay any and all costs, charges, aromeys fees and offer expenses, any and all judgmeos, fast maybe incurred by or obtained against re Pumhaser or any of in or their .Ricers, agents Or employees in such suits or offer proceedings, and in case judgmrnr or other lien be placed upon or obtained against re prol,ary of the Purehwer, or said parties in or as a result of such suits or other proceedings. re Seller will at once course the same to be dissolved and discharged by giving bond or otherwise. The Seller and his communist shall Pike all sxfay precautions, famish and install all guards necessary for the prevention of accidents, comply with all paws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and ill roles and regulations issued pursue,, there,.. Revised 07R014