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HomeMy WebLinkAbout246056 PEDERSEN TOYOTA - PURCHASE ORDER - 9145856Fort Collins Date: 10/10/2014 Vendor: 246056 PEDERSEN TOYOTA 4455 S COLLEGE AVE FORT COLLINS CO 80525 PURCHASE ORDER PO Number Page 9145856 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: WATER TREATMENT PLANT #2 CITY OF FORT COLLINS 4316 W LAPORTE AVE FORT COLLINS CO 80521 Delivery Date: 10/09/2014 Buyer: DOUG CLAPP Note: quote/state bid Line Description Quantity UOM Unit Price Extended Ordered Price 1 2015 PRIUS TWO HYBRID ref. quote date 10/6/14 MODEL 1223A BLIZZARD PEARL EXTERIOR, DARK GRAY INTERIOR optional equipment: Backup Camera - $0.00 All Weather Mats/Cargo mat - $225.00 Dealer fee - included total cost = $ 24,362.00 Deliver vehicle and title documents to: Fleet Services Shop 906 W. Vine Fort Collins, CO 80521 Contact: Greg R. or Eric T. ph# 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.com 1 LOT LS 24,362.00 Total 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. COMMERCIALDEPAII.S. Tax exemptions. By statam the City of Fort Collins is exempt from state and local taxes. our Exemption Number, is I I. NONWAIVER. 98-0,1502. Poland Excise Tax Exemption Cenifirme of Registry 84fi00o5G is registered] with the Collector of Failere of Nc Purchaser of insist upon strict performance niche terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (RcL Colorado Revised Statutes 1973, Chapter 39-26, 114 (a), exercise any rights or remedies presided herein or by law, Rome, to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods lommunderor approval ofthe design, shall not release the Seller of Goods Rejected, GOODS REJECTED due to failure m mM specifications, either when shipped or due to defects of any Office warranties or obligations of this purchase order and shall not be, deemed a waiver of any right of the damage in transit, may be rearmed to you for credit and art not to lee replaced except upon receipt of wrilow purchaser a insist upon strict performance hareofm any refits rights or remedies as to any such goods, regardless instructions heritage, City effort Collins. of when shipped, received or accepted, res to any prior or subsequent default hereunder, nor shall any poeryoreed oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the more, Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof, Final Aeremi a. Receipt of the merchandise, services or equipment in response to this order cam result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of poi Collins. However, it is no be understood thatFINAL Seller and the Purchaser recognize that in actual economic practice, o recharges resulting from maintainACCEPT ANCE is dependent upon completion of at l applicable required inspection procedures, violations are in List home by the Purchaser. Theremforefor ogood cause and m consideration for executing this purchase order, flee Seiler hereby resigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments most be F.O.B., City of Fan Collins, 700 Wood Sr, Fort Collins, CO 80522, unless otherwise specified on this cost. If perranxim is given to prepay freight and charge separately. the original freight bill mast accompany invoice. Additional charge for packing will not be accepted Shipment Distance. Where rec nufutmers leave diwnbming points in various pans of the country, shipment is expected from the nearest distribution paint no desfcation, and excess freight will W 4ducted from Invoice when shipments arc made from grater divorce, Permits. Seger shall procure at sellers sole cost all necessary Permits, certificate oral licenses required by all applicable laws, regulations, ordinances and rules of the state municipality, eeritory or political subdivision where the work is performed, or required by any other duly consumed public authority having jurisdiction over the work of sunder. Seller further agrees to hold the City of Fort Collins hornless from and against sell liability and loss usedrred by them by reason of an swened or established violation ofany such laws, regulations, ordinances, ides requirements. Authorization. All parties to this contract agree that the rcpoe monalwas to is fan, bona tide sad possess cell and ompletr authority to bind said panics. LIMI I'ATION OF TERMS, This Purchase Order expressly limits acceptance to doe terms and conditions stated herein set bah and any supplementary or additional terms and conditions annexed harem or inc.rpommd Interim by reference. Any additional or different ennm and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immeninady iryou cannot make complete shipment m aria on your Promised delivery date as noted. Time u of the essence. Delivery and] performance most be, effected within the time stated an the purchase order and the documents attached htcm. No was of the Purchasers including, without limitation, acceptance affected late deliveries, shall operate as a waiver of this provision. In the event of my delay, the Purchaser shall have, in addition in other legal and equitable remedies, the option ofplacing this other elsewhere and holding the Seller liable for damages. However, the Seiler shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such nets elided. acts ofcivil or military authorities, governmental pnonties, fires, strikes, Bead, epidemics, wars or riots provided that notice ofthe conditions causing such delay is given m the Purchaser within five (5) days of he time when the Seller first received knowledge thereof. In the event of any such delay, the date ofdelivcry shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by doffs order will conform with applicable drawings, specifications, samples Were other description given, will be fat for the facileness numded, send performed with the highest degree of care and competence in accordance with annal standards for work of a similar nature. The Seller agars m Imld the purchaser harmless from any loss, damage or expense which the pumhawr may suffer or item on account of the Seller breach of waranty. The Seller shall replace, repair or make good, without cost o the purchase, any defects or faults arising within one (1) year or within such longer period of rime as may be prescribed by law or by the temp fany applicable warranty provided by the Seller after the dam of acceptance of the goods famished hereunder (were ern not to be unreasonably delayed), resulting from imperfect or defective work done or recomals famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of my claim under this warranty. Except as otherwise provided in this purchase order, 'he Sellers liability hereunder shall extend eo all damages proximately caused by the breach of any of the foregoing warranties or.....free, but such liability shall in no event include If,, of profits or loss of use. NO IMPLIED WARRANT Y OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CI IANG ES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser nay make any changes to the moo, other Joan legal moms, including widnions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or writen change order. If any such change affects the amount due or the time ofperformarce hemunde, on equitable adjustment shall be made. &TERMINATIONS. The Purchaser nay of any rime by wnnen change order, mrmiwte this agreement as to any or all portions of Jim gown then not shipped, subject many equitable adjustment between flue parties as many work or materials then in progress Provided that the Purchaser shall not be liable for any claims for anticipated profits a. the uncompleted portion of the goods anther work, for incidental or comequantial damages, and thou no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stuck. No such termination shall relieve the Pmehater or the Seller ofany of their obligations as eo any Goods delivered heermder. t. CI.AIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) drys from the date the change or temrinalion is ordered. I. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in send compliance with all applicable laws and regulation to which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to he recoryoramd in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the purchaser homeless; from all cmtt send damages suffered by the Forefather as a result of the Sellers filuer to comply with inch law. 9. ASSIGNMENT. Neither parry shall assign, tromm, or convey this wit, many monies due or. become due hereunder without the prior written consent ofNe other party. 10. TITLE. The Seller warrants full, clear and umewncted title to the Purchaser for all equipmme, materials, and items famished in performance of this armor na, free and clear of any and all liens, tesmctems, reservations, security interest encumbrances and claims of others. acquired under federal or sate antitrust laws for such m'achmges relating to the particular goods or services Purchased or acquired by the Purchaser professor to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Selit to correct conconfomoing or defective goods by a date to be agreed upon by the feministic and the Seller, and the Seller thereaM indicates its inability or unwillingness to comply, ddc Purchaser may arse the work 1. be performed by the most expeditious mmns available to it, and the Seller shall pay all cows avow intN with such weak. The Seller shall release the Purchaser and its contractors of any tier (rare all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of aegl ignore of the party released and shall extend to the directors, officers and employees ofsuch parry. 'Ile Sellers sentimental obligmiom, including warranty, shall cot be deemed to be reduced, in any way, became such work is performed or used,. be promemed by the Purchaser. 14. PATENTS. Wbenever the Seller is required to use any design, device, mammal ea process covered by lease, perm, uadwit or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for wfiringemtn by reason of the me of such patented design, deice, material or process in connection with the comract, and shall indemnify the Purchaser for any cost, expense or damage which it may fie obliged to pay by recam fsuch infringement at any time during the proseculioa our abler the completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in such suit held to comeimm infringement and the tom of said equipment or pan is enjoined, the Seller shall, at its own expeaw and m its option, either procure for ncc Purchaser the eight to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfrindarg. 15. INSOLVENCY. If the Seller shall became insolvent or bankrupt, make an assignment for the bereft of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may futhwith be canceled by the Persist without liability. 16, GOVERNING LAW. The definitions ofterms used or the interpretation of the agreement and the rights of all parties hereunder shall be conserved under and governed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in awas where the Seller is to perform work hereunder, including the services of Scllcrs Represe tative(s), on the premises of others. I). SELLERS RESPONSIBILITY. The Seller shall wry on said work at Sellers own risk until the same is fully compleRd and remained, W shall, in caw of any accident, destruction or injury to the work and/or materials before Sellers dal completion and acceptance, complete the work at Sellers awn expense and to the satisfaction of the PuerhmeL When materials and equipment we famished by others for instillation or erection by the Seller. the Seller shall receive, unload, store and handle same as the site and become responsible therefor in though such materials nester equipment were being f ished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide far the payment of workers compression, including occupatiovl disease benefits, to its employees employed on or in connection with the wart covered by this purchase order, and/or to their dependents in accordance with the laws of the state in which the work is no be done. The Seller shall aim carry comprtleensive general liability including, but not limited to, contractual and automobile public liability ha encom with bodily injury and death limits ofal least S300,000 for any one person, S500,000 for any accident and property damage limit per areadem of 540g000. The Seller shall likewise eeqoice his containment, Tory, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall that any work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such cenifiwtes shall specify the date when such compensation and insurance have lotto provided. Such certificates shall specify the date when such romperwdon and insurance expires. The Seller agrees that such compensation and insurance shall b, maintained mail 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 ofany 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 Purchaser and any cr all of the Purchasers officers. agents and employees from and against any and all claims, losses, damages, harges or expenses, whether direct or indirect, and whether to persons or property to which the Purchase( may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchase, or its officers, agents err employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller of my of his contractors or ally of its or their officers, agents or employees m aforesaid, the Seller hereby agrees to assume the defense thereof and in defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees said other expenws, any and all judgments that may be incurred by or oboindl against the Furthmer or any of its or their officers, agents or employees in such suits at other proceedings, and in e..o judgment or other lien be placed upon or oboinol against the property of the Pensioner. or said parties in or as a result ofsuch suits or other peacca cap, the Seller will an once.user the same to be dissolved and discharged by giving bond or oNerwiw. The Seller and his conmcmrs shall take all safety precautions, fmish and install all gases necessary for the prevention of accidents, comply with all laws and regulations with regard to watery including, but without limiation, the Occupational Safety and Health Act of 1410 and all roles and regulations issued pursuant thereto. Revised 072014