HomeMy WebLinkAbout459555 RUSH TRUCK CENTER GREELEY - PURCHASE ORDER - 9145283PO
PURCHASE ORDER 9145283 Page
C117/ of PURCHASE
9145283 ' of z
Flirt Collins
Ins This number must appear
/M. "_`�/`, V ` �7 on all invoices, packing
sli s and labels.
Date: 09/12/2014
Vendor: 459555
RUSH TRUCK CENTER GREELEY
GREELEY COLORADO
26956 WELD CR-47
GREELEY CO 80631
Ship To: POUDRE FIRE AUTHORITY - AD
102 REMINGTON
FORT COLLINS CO 80524
Delivery Date: 09/11/2014 Buyer: DOUG CLAPP
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
Vehicle Repairs 1 LOT LS 5,533.22
94963074
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
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Page 2 of 2
I. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt form state and local taxes. One Exemplar Number is
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000580 is registered with the Collector of
Internal Revenue, Denver, Colorado (Ref Colorado Revised Sonoma 1973, Chapter 39-26. 114 (a).
Goods Rejected. GOODS REJECTED due to failue 1. men specifications, either when shipped or doe to defects of
damage in transit, may be reoumed to you for credit and are ram m be repinced except upon receipt of wriVm
instructions foam the City of Fart Collins.
Inspection, GOODS are subject to the City of Fort Collins impaction on arrival.
Final Acceptance. Receipt of the merchandise, services or quipment in ropoae to this order can result in
authorised payment on the pan of the City of Fare Collins. However, it is ro he understood that FINAL
ACCEPTANCE is dependent upon completion ofall applicable rquinsi inspection pracdures.
Freight Terms. Shipments must be BOA, Co, of Fort Collins, 700 Wand St. Fan 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 Backing will not be accepted.
Shipment Diviner. Where manufadcar, have distributing points in various pans of the country, shipment is
expected from the neatest distribution point to destination, and excess freight will be deducted firma Im'Oice when
shipments are made from greater distance.
11. NONWAIVER.
Failure of the Purchaser as insist upon striet performance of she terms aaad conditions hereof, failure or delay to
y rights or remedies provided herein or by law, failure to promptly notify the Sellers in the event of a
breach, my
acceptance ofor payment fw goods hereunder or approval clan, design, am[] me release the Sella of
any of the warranties of obligations of this purchase Omer and shall not be deemed a waiver of any right of the
purehisir to insist upon inner performance M1ereofor any of its rights or remedies a to any such goods, regardless
of when shipped, received or accepted, as to any prier or subsequent default hereunder, nor shrill any puryoned
oral modification or rescission of this purchase Omer by the purchaser operate as a waiver of any of the terms
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in actual overcome pracrice, ovochergas resulting from antiuust
violations are in fact home by the purchaser. Theretofore, for good came and a mmidermion for executing this
purehnse order, the Seller hereby assigns to He Purchases any and all claims it may now have or hereafter
acquired under federal or same maintains haws for such overcharges relating to the particular good or scaica
purchased or acquired by the Pardoner pursuant 1r this pucb me, Omer.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Tradition direen the Seller to caret nonconforming or deductive goods by a date to be agreed upon by the
Purchaser and the Seller, and Ilia Seller thereafter indicates its mobility or unwillingness to comply, the Purchaser
may cause the work to be performed by the most expeditions means available to it, and 'he Seller shall pay all
cask associated with such work.
Permits. Seller shall procure at sellers sale cost all necessity permits, certificates and licenses rem irol by all
applicable laws, regulations, ordinances and rules of fe state, municipality, territory or political subdivision where
the work is performed, or oatmeal by any other duly constituted public authority havingjurisdi tian over fie work
of vendor. Seller further agrees to hold the City of From Collins harmlrss from and against all liability and lass
uncremed by them by reason of an awned or established violation of my such laws, regulations, ordinances, roles
card requirements.
Audmdanllor All ponies to this.1.1 egme dust the representatives are, in fact, bow fide and possess Poll ere)
mmplem authority to bind said ponies.
LIMITATION OF TERMS. This Pension, Order expressly fe irs acceptance to the Germs and renditions sorted
herein sea fault and any sripplemenm, or additional moms and conditions annexed hereto or incorporated herein by
reference. Any additional err diDerent mmr, and conditions proposed by seller we objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENIimmediately if you cannot make complete shipment to arrive on your
promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time
setts[ on the purchase Omer and the document attached foram. No acts of the Purchasers including, without
Radiation, acceplance 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 other legal and equitable remedies, the option of placing this order elsewhere
and holding the Seller liable for damages. Howevo, the Sella shall non be liable for damages as a result of delays
due to entries not reasonably Portsaable which arc beyond its reasoreble control and without its fault ofnegligam.
such acts I`Gad, was privil or military authorities, gov..] prionfrs. fires, strikes. Book epidemics, wars or
riots provided that notice of the conditions causing such delay is given to Ne Purchaer within five (5) days of the
time when the Seller first received knowledge therm( 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.
T he Seller warrants that all good, articles, materials and work revered by this Omer will conform with applicable
drawings, specifications, samples anapnr other descriptions given, will be fit for the purposes imended, and
perfumed with the highest degree of care and competence in accordance with accepted standards for work of a
mils Oct.,. The Seller agrees 10 hold the purchaser hate to s fmm any lass, damage or us, which the
Purchaser may suRer or no. oa account of the Sellers breach of warrant'. The Seller shall replace, repair or make
,co, without cost an the pmilma, any d,frcn or faults ansin% vid iar one (I) year or within such ]anger period of
rime a may he prescribed by law or by the tams of any applicable warranty provided by the Seller a8er the elm of
woo,dance, of the good famished hereunder (acceptance rot to be unreasonably delayed). resulting fmm imperf t
or defective work done or materials famished by the Seller. Acceptance or use of goods by are Purchase, shall not
rndiame a waiver of any claim under Nis womanly. Except as otherwise Provided in this purchase order, the Sellers
liability hereunder shall extant to all damage pmxima¢ly caused by the breach of any of the foregoing warrnties
or gmranmes. but such liability shall in no event inded, lass of pu fk 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 10 legal tents by writeo change order
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terns, ofer than legal teams, including additions t0 or deletions from
the quantities originally ordered in the specifications or drawings, by verbal or written cMnge order. If any such
charge arc ns the amount due or the bore of perkmaranre hereunder, an ryaitable adjustment shall be male.
6. TERMINATIONS.
The Purcham may to any time by written change order, mamiauste this agreement as m any or all paniom of the
good then oar shipped, subject 10 any egma i e adjarmmr b awern the parties as 1. any work or marenals then in
progress provided Nat to Purchaef shall not be liable for any claims for anticipated pmfrs an are uncomplend
pnnion ofthe good aj work, for incidental or corequeotial damages, and that no such adjustment be made in
favor of the Seller with respect to any goods which are the Sellers standard frock. No such termination shall relieve
the Purchaser or the Seller of any of their obligations as to any good delivered hereunder.
]. CLAIMS FOR ADIUSTM ENT.
Any claim for adjustment most be asserted within thirty (30) days from the dale the change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Sella wartmk than all good said hereunder shall have been produced, sold, delivered and famished in amn
compliance with all applicable laws and regulaimas m which the goods ere subject. The Sella shall exempe and
deliver such documents as may be required 1. eRen or ev'idmce compliance. All laws and regulations required to be
incorporated in agreements of this Camara arc Mrtby incorporated herein by this reference. The Sella agrees to
indemnify and hold Ne Purchaer hmanlows from all cams and damages suffered by the Purchaser as or mull of Net
Sellers failure as comply with such law.
9. ASSIGNMENT.
Neither pony shall assign transfer. or convey this emir, or any monies due or to become due herewda without the
prior written consent Of the other any
ID. TITLE.
The Seller warrants full, clear and unrestricted title m the Pmchaser for all equipment, mammals, and items furnished
in performance of this agreement, free and clear of any and all laps, rofctiom, reservations, security interest
aneumbrmces and claims ofothers.
Ile Seller sM1nll releae the Purchaser and its contractors of any tier from all liability and claims of my nature
resulting fmm the performance fsuch work.
This release shell apply even in the event of fault of negligence of the party released and shall extend to N,
directors, officers and employees ofsuch party.
The Sawa confirmed obligations, including wacanly, shall an, be deemed to be reduced, in any way, becatue
such work is performed or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, material or process covered by later, patrol, trademark
or copyright, the Seller shall indemnify and save harmless the Purchaser man any and all claims for infringement
by reason of the use of such patented design, device, material or process in connection with the contract, and
shall indemnify the Purchaser for any cast, expense or dmage which it may be obliged m pay by reawn clinch
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 ere of the good, is in such suit held to constitute infringement and the use of
said equipment or pan is rojoined, the Seller shall, at its own expense end at its option, either procure fur the
Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but
m n dfiriaging equipment, or modify it as, it becomes noninfn'ngie,
15. INSOLVENCY.
If the Seller shall become insolvent or baN:mpt, make an assignment for the benefit of creditors, appoint a
mama or rime for any of the Sellers property err business, this order may forthwith be waled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions ofterms need or the interpretation of the agreement and the rights of all parties hereunder shall be
constmcd under and g .oil by the law, of the Some of Colorado, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the services of Sellers Represenmtivr(s), on the premises ofolhax.
19. SELLERS RESPONSIBILITY.
The Sella shall an, on said work at Seller's own risk .,if the some is fully completed and accepted, and shall,
in case of my ace dmq destruction or injury as the work andtor mmenals before Sidles final completion and
acceptance, mmplde the work or Seller's own Cipeme and b the satisf anon ofthe Purchases. When materials
and equipment are ftmmbed by others for installation or ancient by Her Seller, the Seller shall receive unload,
store and handle same at the site and become responsible therefor is though such nustaids andfor equipment
were beingbanded by the Sella under the order. ._
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational
disease benefits, to its employees employed On or in connection with the work covered by this purchase order,
amPor to their dependents in accordance with the laws of she suite in which the work is in be done. The Seller
shall elm can, cos,reM1ealve general liability including, but not limited to, contactual and aommabile public
liability insurance with Fairly injury and death limits of at least $300,000 for any one person, S500,090 for any
one accident and property damage limit per accident of S400,000. The Seller shall likewise require his
contractors, if nor. or provide for each compensation and insurance. Bet any of are Sellers or his mntracmn
employees shag do any work upon are premises of others, the Seller shall lnmish the Purchaser with a cenifcato
that such compensation and announce have been provided. Such cmifimres shell specify the date when such
compensation and insurance have been provided. Such modifio¢s dull specify the date when such rompers lion
and insurance expires. The Seller egrea that such mmpmsmum and imamate shall be mainmined unfit after the
retire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any and at I damage, loss or injury of my kind
r nature whanoever in persons or propcny caused by or resulting from the execution ofthe 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 Purchasers officers, agents and employees from and against any and all claims, losses, damages,
charges or expenses, whether direct or indirect and whether as persons or property to which the Forebears may
he put or subject by reason of any act, action, neglect, omission in default on the pan of the Sella, any of his
contactors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other
proceedings shall be brought against the Prolusion, at its officers, agents or employees at any lime on mrouat or
by reason of any act, fiction, neglect, omission or default of fie Sella of any of his comractors err any of its or
their officer, agents in employees a aforesaid, the Sella hereby agrees to assume the defense thereof and to
defend the same at the Sellers own expense, to pay my and all cons, charges, attomeys fees and other expenses,
my and ell judgments that may be incurred by or obtained .,a., the Pmrchaser or any of its or their officers,
agents or employees in such f rat or other proceedings, and in case judgment or other lien be placed upon or
obtained against the property ofthe Purchaser, or said panic in or as a resell affords sulk or other proceedings,
the Seller will at once cause the same to be dissolved and discharges] by giving band or otherwise. The Sella and
his cmmmilmri shall take all safety Or c tutions, famish and insmll all gain& necessary for the prevention of
accidents, comply arm all laws and regulations wish regard to safety including, but without limiation, me
Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant thereto.
Revised 07f2D14