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HomeMy WebLinkAbout102564 DELLENBACH MOTORS - PURCHASE ORDER - 9145558Fort Collins Date: 09/24/2014 Vendor: 102564 DELLENBACH MOTORS 3131 S COLLEGE AVE FORT COLLINS CO 80525 PURCHASE ORDER PO Number Page 9145558 1of3 This number must appear on all invoices, packing sli s and labels. Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS CO 80521 Delivery Date: 09/23/2014 Buyer: DOUG CLAPP Note: replace units # 21658 & 21659 Line Description Quantity Ordered UOM Unit Price Extended Price 1 1 ea Jeep Grand Cherokee Stock #15245A 1 LOT LS 34,500.00 2 Trade in #21658 1 LOT LS -24,000.00 3 Delivery and Handling 1 LOT LS 389.50 4 1 ea Jeep Grand Cherokee Stock A8248A 1 LOT LS 29,900.00 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 Fort Collins PURCHASE ORDER PO Number Page 9145558 2of3 This number must appear on all invoices, packing sli s and labels. Line Description - Quantity UOM Unit Price Extended Ordered Price s Trade in #21659 1 LOT LS-20,000.00 6 Delivery and Handling 1 LOT LS 389.50 ref. quote dated 9/16114 per Ron H. Deliver vehicles and title documents to: Fleet Services Shop 906 W.Vine Fort Collins, CO 80521 Contact: Greg or Eric ph# 970-221-6613 "" please call 24 hours prior to delivery shop hours 730am to 330pm n P14 i "in 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 Pay terms net 30 days Invoice Address: 1,179.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 3 of 3 L COMMERCIAL DETAILS. Tax exemptions. fly statute the City of Pon Collins is exempt frnmstate and local taxes. Our Exemption Number is 11. NONWAIVER, 98-04502, Federal Excise Tax Exemption Cmificrom of Registry 84-6000587 is registered with the Collmle, of Failure of the Purchaser to insist upon strict performance of the more and conditions hereof, failure or delay to Intemal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39.26, 114 (a). excifics, any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor paen t for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECfED due to failure to meet specifications, either when shipped Or due to defects of any of Raw anomalies or obligations of this ptuchose order and shall rtm be deemed a waive of any right of the damage in commit, may b< resumed to you for credit and aft nor to be replaced except upon receipt of written purchaser m insist upon strict performance hereof or any of its rights or remedies res to any such goods, regardless memoriam, form the Ciry of Fort Collins, of when shipped, received or accepted, as for any prior or subseganf default hereunder, nor shall any puryoncd am] modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the toms Inspection GOODS ate subject m the City of Fort Collins inspection on amval. hereof. Final Acceptance. Receipt of the merchandise, services r egrip now in response 1p this order ca canal, it authorized payment on the pan of the City of Fort Collins. However, it is to be, understood that r FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedum. Freight Terns. Shipments most Is, F.O.D.. City of Pon Collins, BE Wood Sl., Fort Collins, CO 80522, unless otherwise spnified on this other. Upermission is given to prepay freight and charge separately, the moral freight bill most accompany invoice. Additional charges Earmarking will not be accepted. Shipment Distance. When manufacturers have distributing paints in various pads of the country, shipment is expected from the ammst distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure al sellers sole con all namor, pmnits, cerlifcates and licenses mluired by all applicable laws, regulations, Ordinances and miss of the sure, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the walk of vendor. Seller further agrees to hold the City of Fort Call ins harmless from and against all liability and loss andcued by them by reason of an assened or established violation of any such Incas, regulations, ordimaees, roles requirements. Authorization. All parties to this contract agree that the represenmtives are, in fact, bona ride and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits wreptanee to the terms and countries stated herein set tomb and any supplemental, or additional terms and caimans annexed herelo or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected, 3. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment m arrive on your promised delivery date as noted. Time is of the essence. Delivery end performance mull be encased within the time sated an Its, purchase order and the dmimme, amached heem. No acts of the Pumhaxrs including, without limitation, acceptance ofpanial late deliveries, shall operate as a waiver of this provision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equumle mara ies, the option of placing this older elsewhere and holding the Seller liable far damages. However, the Seller shall not her liable for damages as a resull of delays due to causes he, censurer], foreseeable which are beyond its reasonable count and without its fault of negligence, such acts of God, acts of civil or military wouribes, governmental prionties, fires, strikes, food, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller fiat received knowledge thenmf. In the seem of eery such delay, the date of delivery shall ha extended for the proud equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller wvmnts that all goods, ankles, mammals and work caramel by this order will conform with applicable drawings, spcuff carms. samples an&or other descriptions given, will be, fit for the Rules. intended, and pu[orni with the highest degree of care and competence, in accordance with accepted smndard for work of a similar name. The Seller agrees to hold the purchaser mooless from any loss, damage or expense which the Purchaser may suo'er or incur on women of the Sellers breach of wartanty. The Seller shall replace repair or make good, without cost u, the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be presaibal by law or by the no. of my applicable wanranry provided by the Seller after the date of acceptance of the goads Banned hereunder (acceptance not as be, ra.cably delayed), resulting from imperfect or defective work done or na er all fumhhed by one Seller. Acceptance or use of good by she Purchase, shall not mcmture a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include Jr. of profits w loss of use. NO IMPLIED WARRANTY OR MERCHANTAM CITY OR OF FITNESS FOR PURPOSE SE ALL APPLY. 4. CHANGES IN LEGAL TERMS, The Furchsser may make changes as legal seines by written change older. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the spceiliestions or drawings, by verbal or written change order. If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by women change other, mon mate this agreement as to any or all portions of the goods then not shipped, mbjm to any equitable ad nowne t between the patties as ur any work or materials Then in progress Provided that the Purchaser shall rut Is, liable for any claims for anticipated profits on the uncompleted portion Office god ardor work, for incidental or consequential ddmages, and that no such adjustment be, made in favor of the Seller with respect to any good which are the Sellers standard sack. No such carnation shall relieve the Purchaser or the Seller ofany of their obligations res to any good delivered hereunder. 9. CLAIMS FOR ADJUSTMENT. Any claim for w1justrand most be assened within thirty (30) days from the date the change or tem{Mfion is ordered. 8. COMPLIANCE WITH LAW. The Seller wamnts that all goods sold hereunder shall have been produced sold, delivered and famished in strict compliance with all applicable lawn and splalim s to which the good are subject The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required in be incorporated in agreements of cis character are hereby incorporated herein by this reference, qbe Seller agrees to indemnify end hold the Purchaser k rmless from all costs and damages suffered by the Purchaser as a resat, of the Sellers failure to comply with such law. %ASSIGNMENT. Neither not shall assigns tra H, or convey this aide,, or any monies due m fo become due hereunder without out prior women consent ofthe other Only. 10. TITLE. The Seller warrants full, clear and unrestricted title a the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all Inches, restrictions, reservations, scurry interest encumbrances and claims of whers. 12. ASSIGNMEN3OF ANTITRUST CLAIMS. Seller and the Purehwer recognize that in actual economic practice, overcharges resulting from antitrust violations me in fact home by the Purchsser. Theretofore, far good cause and as consideration for executing this purchase order, fhe Seller hereby assigm to the Purchaser any and all claims o may now have or foramen acquired Oder federal or sate antitrust laws for such overcharges relating m the pantiwla goods or swvcwe purchased or acquired by the Purchaser pursuant to this purchase older. 13. PURCIIASHES PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser d"ca, the Seller fo correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be Richmond by the most expeditious means available as it, and the Seller shall pay all Or. associated with such work. The Seller shall on. the Purchaser anal its conmdors of my lie from all liability and claims of any namrt resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to 'he directors, officers and employees of such an,. The Sellet's co urso al fid,ati re. including wmtard , shall not be deemed as be reduced, in say way, because such work is performed or caused 10 Is, performed by the Purchssn. 14. PATENTS. Whenever the Seller is required 10 use any design, device, material w pmm. covered by )still, pascal, trademark or copyright, the Seller shell indemnify and save harmless the Purchaser from 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 cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of tee Once. In case said equipment, or any pan thereof or the intended use of the goods, is in such suit held to coresr me infringement and the use of said equipment or pan is mjomed, the Seller shall, at its own climactic and at its option. either prmuv for the Fireman the right to continue using said equipment or pans, replace the same with amestantially equal but no hinfriming equipment, or modify it m it becomes noninRlnging. 15. INSOLVENCY. If the Seller shall become insolvent or hankmpt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this older may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAN'. The definitions oftemu hand or the inleryrctation of the agreement and the rights of all parties hereunder shill be otsmed under and governed by the laws office Scale ofColamdo, USA. The following Additional Conditions apply only in cases where the Seller is m perform work hereunder, including the services of Sellers Representative(s), on he premises ofoaer, 12. SELLERS RESPONSIBILITY. The Sella shall carry an said work at Sellers nun risk unfit the ante is fully completed and accepted, and shall, in case of any accident, destruction or i jury to the work =Nor rvterms before Sellers foul completion and acceptance, complete she work at Sellers own expense and to the aatisfamon of the Purchase. When materials and equipment art fuMshed by offers for installation or erection by the Sella, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller 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 collection with the work covered by this moderate order, and/or to their dependents in Osmanli with the laws of the sae in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contracting and automobile public liability insurance with bodily injury and death limits of at least S300,000 for any one person. S500,000 far any one widen trod property damage limit per accident of $400,000, The Seller shall likewise regnire his wmmcmrs, if any, to 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 certificate that such comper ation and insurance have been provided. Such certificates shall smelly the date when such compreenticar vW insurance have been provided. Such cersifante shall specify am date when such -.,.Iran road insurance expires. The Seller agrees that such compensation cad insurance shall Is, commined until i ner the more work is completed and accepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby resumes the entire responsibility and liability for any and all damage, ass or injury of any kind or nature whatsoever to persons or property caused 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 Fmchazcr and any r all of tee Purchasers officers, egcnts and employees from ask against any and all claims, losses, damages, charges or expenses, whether direct or indifect and whether to persons m properly to which tee Purchrean may her put or subject by reason of any azL action, neglect, omission or default on the pat of the Seller, any of his rmrdemes, Or any of the Sellers or conmdors officers, agents or employees. In case any suit or other proceedings shall be brought against he 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 commences or any of its or their oficen, agents or employees as aforesaid, tee Seller hereby agrees to assume fhe defense thereof ..,it to defend the same at the Sellers On expense, to pay any and all meats, charges, motleys fees and other expenses, any and all judgments that may be, incurred by or obtained against the Purchase or any of its or met, officers, agents or employers in such suits or other pmceedmge, and in case judgment or other lien ha placed upon or obtained against the pmpnry, of the Functional, or said parties in or as a malt of such suits or other proceedings, she Seller will at once cause tee same a be dissolved and discharged by giving bond or otherwise. The Seller and his containers shall take all safety precautio a, famish and imall all guard necessary for the prevention of accidents , comply with all laws and regulations with regard m safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all odes and regulations issued pursuant thereto. Revised 02R014