Loading...
HomeMy WebLinkAbout110453 HOUSKA AUTOMOTIVE SERVICES INC - PURCHASE ORDER - 9144367PO PURCHASE ORDER 914436er Page CI'�/ of PURCHASE 9144367 1 of z C6rt Collins This number must appear /�—,J`-' ` on all invoices, packing sli s and labels. Date: 08/01/2014 Vendor: 110453 HOUSKA AUTOMOTIVE SERVICES INC 899 RIVERSIDE AVE FORT COLLINS CO 80524-3234 Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 08/01/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price Photovoltaic System Rebate 1 LOT LS 15,000.00 Houska Auto 899 Riverside 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.00m Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terras and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt (man store and Iwo tarn. Our Exemption Number is 11. NONWAIVER. 984H502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 u registered with the Collector of Failure of the Purehasn to insist upon strict perfomtantt of the morn and conditions hereof, failure m delay m Internal Retell Deaver, Colorado (Ref, Colorado Revise) Station 1973, Chapter 39-26,114 (a). exer hot any rights or remedies provided herein or by law, failure to promptly notify the Seller in rise event of a breach, am azceptantt of or payment for good hereunder or approval of the design, shall not release the Seller of Goods Reported. GOODS REJECTED due to failure m meet specifications, either when shipped or due to defects of any of the wmmnrin or obligations of this purchase order and shall not be deraned a waiver of any right of the damage in transit, may be remmed to you for credit and art not m ha replaced except upon receipt of wroom purchaser to insist upon strict performance hereof., any of its rights or remedies as to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or worgued, as to any prior or subsequent default hereunder, nor shall any proclaimed am] modification or rescission MI this purchase order by the Purchaser operate as a waiver of any of fie arms; Inspection. GOODS are subject to the City of Tom Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12, ASSIGNMENT OF AN'1'11 RUST CLAIMS. authorized P,.,car on the for of the City of Fair Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting fromtut ep ACCEPTANCE is dependent on completion.fall applicable required inspection procedures. violations are in fact home by the Purchase, Theretofore, forpod cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchase any and all claims it may now have or hereafter Freight Temn. Shipments most be FOB,. City of Fiat Collins, 7W Wood Sc, Felt Collins, CO 80522, unless acquired under fedeml or state anlitant laws for such overcharges relating to the Formula goods or wn4ces otherwise specified oa This make, If permission u given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchaa order. bill musr accompany income. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points invarions pans of Ore country, shipment is If the purchaser directs the Seller to correct concoaforming or defective goads by a dale to be agreed upon by the expected from the nearest distribution paint to destination, and excess freight will be deducted fmm I ... ice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness m comply, the Purchaser, shipments are made fmm greater distance. may muse Oct work 1. be perfacmed by the most expeditious means .,[able to it, and the Seller shall pay all costs vaoreved with such work. Proud.. Seller shall pmcure at sellers sole cost all necessity pnmin, emificates and licenses required by all applicable laws, regulations, ordination and rules of the state, municipality, territory or political subdivision where the work is performed, or collared by any other duly constituted public authority having jurisdiction over the work of vendor. Seller funher agrees I. hold the City of Pon Collins hamrless from and against all liability and fuss Mail by them by reason of an asserted or establishnl violation of any such laws, rcgul'ali.ns, ordinances, Odra and rmuhemetna. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and poses full and complete radially 1. bind said parties. LIMITATION OF TERMS. This Pmclanse Order expressly limits acceptance to the terms and conditions smmd herein set fond and any. supplementary or additional terms and conditions annexed herein or incorporated herein by reference. Any additional or filleted terns, and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT MvMMioely ifyou cannot nuke complete shipment to arrive on your promised delivery date as rested. Time is ofthe essence. Delivery, and perf ante must be eRrcted within the time sate) Ma the purchase ode, and the documents attained hereto. No acts of the Purchasers including, witboat limitation, ecceprantt of partial Use deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition car other legal and equitabk remedies, the option of placing this order elsewhere and holding the Seller liable for seeable;. However, the Seller shall not be liable for damages as v result ,l delays due Inratersre. of , for a hour, which arcbeyondits reasonablecontroland without its fault of negligence, such acts id Gal, uts.f civil a military authorities, governmental i al given nt m fires, hasstrikes, ❑min, epidemics, warsor he riots provided that notice re the conditions causing such delay is given n the Purchase within five delivery Jays of the time when the Seller first oc received knowledge thereof, b In the evens of any aucM1 delay, the date of delivery shall be extended for the period equal to the time acNally last by reason of the 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 descdptions given, will be fit for the purposes intended, and perfunned with the highest degree of care and competence in accordance with accepted standards for work of a similar avure. The Seller agrees to hold the purchaser harmless fmm any loss, damage or expense which the Purchaser may suflbr or incur on accoum of the Sellers breach orxaoral The Seller shall replace, repair or make good, without cost to the purchaser, my defects or faults arising within one (1) year or within such longer prried Of time as may be prescribed by law or by the morn of any applicable warranty provided by the Seller still thr date of acceptance of the goods famished hereunder (acceptance Out as be unreasonably delayed), resulting fmm imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Puchaser shall not constitute a waiver of any claim under this warrant Except as otherwise provided in this purchase onto, the Sellers liability hereunder shall extend to all dwe,rs proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include lass of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE: MPALL APPLY. 4. CI [ANDES IN LEGAL TERMS. The Purchaser may make changes m legal terms by wdmea change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal It., including additions m or delelica s from the quantities originally call in the s,eciftcations or Jmwings, by verbal or Osmen change order. If any such change affects the amount due or the Marc ofperfomrance hereunder, an equitable ndjnstment shall be made. 6. TERMINATIONS. The Pmchsscr may or any doe by written change Oder, rermiwte ,his agreement as many or all portions of the ,gads then test shipped, subject to any yuitable edjugment between the patties ass many work or materials lhcn in progress provided Oat the Purchaser shall nor be liable for any claims for anticipaN prefix on the uncompleted Parton of the goods maker work, for incidental or canseggenlml damages, and that no such adjustment be made in favor of the Seller with respect to any good- which arc the Sellers standard stock No such termirvvtion shall mlieve the Purchaser or the Seller of.y of their obligations as to any gas delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for of ro m al most be sssened within flurry (30) days farm the date the change err lemtimmion is Ordered. 8. COMPLIANCE WITH LAW. The Seller wanan[s that all goods sold hereunder shall have been produced, sold, delivered and famished in war ompliance with all applicable laws and orkaboions to which the good are mbjcct. The Seller shall execute and deliver such dauments as may b, t quimal to effect or evidence compliance. All laws and egulatiom required to be ncoryomled in agreements of this character are hereby ineoryomted herein by this reference. The Seller agrees to indemnify and hold the Precision harmless from all club and damages suffered by the purchaser as a recall of the Sellers failum m comply with such law. 9. ASSIGNMENf. Neither party shall assign, hansfer, or convey this order, or any ninnies due or to become due hereunder without the prior wdue. cadent of the order 'any. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all yall.,, materials, end items bandstand m performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims efothera The Seller shall release the Purchaser and its contractors of any tier fmm all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend an the direemrs, officers and employees of such any. The Seller's conlmdaal obligations, including warranty, shall not be decimal m be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any deign, device, material ser process covered by letter, parent, trademark or copyright, the Seller shall indemnify and save harmless tho Pmchuer from any and all claims for inGngement by reason of the au of such patented design, device, material or process in connection with the summer, and shall indemnify the Purhnter for any cast, expense or damage which it may be obliged to pay by reason ofsuch infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, u in such ;ash held 1. maximum infringement and the use of said equipment or port is reported, the Seller shall, at its own expense and at its option, either pmcure for the Purchaser the right to continue using said equipment or pots, replace the tame with substantially equal but rontiona g equipmenl, or modify it so it becomes nomnfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bnnkmpt, make an assignment for the benefit of rotation, appoint a or trustee for any of the Sellers property a, business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftema used or the interpretation of the agreement and the rights of all parties hereunder shall be construed order and governed by the laws of the Stale of Colormdo. USA. The following Additional Conditions apply may in cases where the Seller it to Perform work hereunto, including the servicn lif Sellers Repreeentativc(s), on the premises. fathers. 19. SELLERS RESPONSIBILITY. The Seller shall cdrry oa said work or Sellers own risk anal the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the wad andor materials before Sellers Trull completion and acceptance, complete the work al Sellers own alines, and 1. the mtisfaction of the Pumhase. When medals and equign em are furnished by others far installation or violat®r by the Seller, the Scher shall receive, cnload, store and handle same at the site and become responsible therefor act though such materials and/or equipment were being famished by the Seller under the .,do, 18, INSURANCE, The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its empinylan employed on or in connection with the work covered by this purchase order, anrVor to their dependents 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 not limited to, contractual and automobile public liability insurance with Btlily injury and dealt limits of at least 5300,000 for any one prrsnn, 5500,000 for any one accident and property damage limit per accident of S40 ,000. The Seller shall likewise require his comracmcs, if any, la 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 ceraificate dull such mmponation and insurance have been provided. Such catifmtn shall specify the date when such comgesmiaa and Motmnce have been provided. Such rend reams shall specify the dale when such compensation and insumnec expires. The Seller agrees that such compensation and insurance shall be mainuined and after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind nature whatsoever to persons or property caused by or resulting from the execution ofhe work provided for m this purchase order or is cunnection hrrewnh. The Seller will indemnify end bold hotmless the Purchaser and my r all of the Postmen officers, agents and employees fmm and against any and all claims, losses, damages, charges or expenses, whether direr or indirrn, and whether to persona or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his corrosion, or any of the Sellers or contraccom officers, agents or employees. In case any suit or other proceedings shall be brought agaidl the Purchaser, or its officers, agents or employees at any now on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any, of in or their officers. agents or employers as aforesaid, the Seller hereby agree to assume the defense thereof and m defend the same at the Sellers own swims,. W pay any and all costs, charges, attorneys fees and lithe, expenses, any and all judgments that tray be incurred by or obtained against the purchaser or any of its or thew officers, age. or employees is such suits or other proceedings, and in case judgment or other lien be pUced upon or obtained agaidl the property, ofthe Purchaser, or said pact in or as a result of such suits ar other proceedings. the Seller will at once cause the same m be dissolved and discharged by giving band or oherwisc. The Seller and his contmnors shall take all safety interactions, branch and install all guards naesmry for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitafion, the Occupational Safety and Health Act of 1920 and all roles and regulations bored pursuant thereon. Revised 07/2014