Loading...
HomeMy WebLinkAbout102564 DELLENBACH MOTORS - PURCHASE ORDER - 9146956Fort Collins Date: 11/26/2014 Vendor: 102564 DELLENBACH MOTORS 3131 S COLLEGE AVE FORT COLLINS CO 80525 PURCHASE ORDER PO Number Page 9146956 1o12 This number must appear on all invoices, packing slips and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 11/26/2014 Buyer: DOUG CLAPP Note: ref. state bid/ quote Line Description Quantity UOM Unit Price Extended Ordered Price 2015 CHEVROLET SILVERADO 1 LOT LS 21,000.00 3/4 ton 4x2 Dble Cab ref. quote dated 11/4/14 per Ron Heusinkveld Contact: Greg R. or Eric 970-221-6613 Deliver vehcile and title documents to: Fleet Services Shop 906 W. Vine Fort Collins, CO 80521 " Please call 24 hours prior to delivery " shop hours - 7:30am to 3:30pm 2 MOTOR VEHICLE balance for 3/4 ton truck 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 5,420.00 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. COMMERCIAL DETAILS. Tax exam mmi By start the City of Fon Collins is exempt form spite and local tana. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry g9-6000582 is mpwmmd with Ne CORstm of Failure arm, Purchaser an insist upon strict performance of the terms and rondmarges hemof. ('lure or delay to Internal Rsenue, Denver. Colorada (Ref. Colorado Revised Stainless 1973, Chapter 39 26. 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the evem of a Brach, the acceptance ofm Payment for goods hereunder or approval arm, design, shall not release the Seller of Gaods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in Ransil, may be rammed to you for credit and arc not to he replaced except upon receipt of written purchaser to insist upon strict performance hereofor any of its rights or remedies as to any such goods, regardless imbecilities from the City of Fiat Collins. of when shipped, received or acceptcl, as to any prior or subsequent default hereunder, nor shall any purported aml modification orre,ission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subjeut m the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, service or equipment in rapowe to Wis order can tauh in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized paMr., on the part of the City of Fiat Collins. However, it is to be mderswod that FINAL Seller and the Purchaser recognize that in emnal overcome practice, overcharge moulting tram antitrust ACCEPTANCE u dependent upon completion ofall applicable required inspection procedures. violations are in fact home by the purchns. Themofare, for good case vd as romidemtion for exceeding this ,.ha order, the Seller hereby assign to the Purchaser any and all claims it may now have or Immure, Freight Terms. Shipments must be F.O.B.. City of I. Collins, 700 Wood St, Fort Collins, CO 80522, unless acquirW under federal or spite antitrust laws for such overcharge miring to the particular goods or services otherwise specified on this meet. If permission is given in prepay (might and charge separately, the original freight purchased or acquired by the Purehwer pursuant to this purchase order. bill most tormentor invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expecard tram he nearest distribution radial to destination, and excess freight will be deducted from Invoice when shipments are made from grmmr distance. Permits. Seller shall procure M sellers sale cast all necessary permits, certificates and lamems required by all applicable laws, regulations, ordinances and rates ofthe mile, municipality, umtory or political subdivision where the work is perform d, or required by any other duly consuluted public Wherry luvingjuvoliction over the work of vendor. Seller Rumba, agrees to hold the City of Fort Collins harmless from and agcum, all liability and lass incurred by them by reason ofter asserted or established violation army such laws, minimum, ordinances, ales and requirements. Authorization. All parties to this contract agree that the Magisterial ear, in fact, bona fide and possess full and complete authority m bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and condition ahired herein set forth and any supplarnentary m additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and condition proposed by seller are objected to and hereby rejemed. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immedirely Hying cannot make complete shipment to arrive on your premised delivery date as noted Time is ofthe asenc. Delivery and performance mast be effected within the time stated an the purchase order and the documents attached herem. No arts of de, Purchasmrs including, without limitation, acceptance opposed Ire deliveries, shall operate in a waiver of this provision. In the event army delay, the ruminator shall have, in addition 10 other legal and amicable remedies, the option ofplacim this order dzewhcce and holding the Seller liable for damages. However, the Seller stall not be liable far damages as is rauh of &days due to causes not reasonably foreseeable which am beyond its reasonable central and without its fault of negligence, such acts of God, acts ofeivil or military authorities, ga vor mental prionties, fires, soi ms, Bond, epidemics, wars or riots provided that notice of the condition caning inch delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof In the event of any such delay, the dale of delivery shall be extended for the period equal to the time actually last by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, article, materials and work coveml by this order will conform with applicable drawings, specifeations, samples anchor other description given, will be fit for the paposes intended, and pM rmcd with the rights, degree of care and competence in ecoximi with mcapted standards for work of a similar aim. The Seller agrees to hold the puschaur hatmlcss from any loss, damage or expene which the Paternoster may Will or Vocur on account of the Sellers breach of wamenty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults nosing within one (1) year or within arch longer period of time as may be pmarrilid by law or by the moots ofany applicable wernnry provided by the Seller after the date of acceptance of the goods furbished hereunder (acceptace not to be umeamnably delayed), resulting form imperfen or defwtie, work done or materials famished by the Seller. Acceptance ar use of goods by the Purchaser shall not conuimte a waiver of any claim under this warranty. Except as oherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damage proximately caused by the breach of any of the foregoing moral a or guammtees, 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 SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. S. CHANGES IN COMMERCIAL TERMS. The Forehasa On, make any cbnnges go the terra, other Won legal temu, moludin6 addiiimw to or delelioa from the quantities minimally ordered in the specification or drawings, by verWl or wrest change eager. If any such change miners the amount due of the lime of performer<here &, an equitable adjustment shall be made. 6. TERMWATION e. The Purchaser may t any time by written change order, terminate this agreement as to any or all portions of the gax6 then not shipped, subject to tiny equitable adjwtment between the probes in to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted petition of the goods anchor work, for incidental or consequential damages, and that no such adjniment be made in favor of the Seller with respect to any goads which art the Sellers standard stack. No such termination shall relieve We Purchaser or the Seller army of their obligation to to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjreonmt must he asserted within thirty, (30) days from die dam rare change or regarding is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been pordmed, mid, delivered and furnished in inner compliance with all applicable laws and regulaions m which the goods arc subject. The Seller shall emerge end deliver such documents as may be required to effect or evidence compliance. All laws and regulation required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees m indemnify and hold the Purchaser hmmlas from all costs and damages suffered by the Purchaser in a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, trawler, or convey this order, or any parties due in m became due hereunder without the poor wrinrn cogent of the other party. 10. TITLE. The Seller warmms full, char and unrestricted tide to the Enchanter for all equipment, maminds, and items famished in Performance, of this agreement, firm, and clear of any and all liras, restriction, reservations, sauriry moment encumbr9nca and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Iflhe Purchase directs the Seller to coned nonconforming or defective goods by a date to he agreed upon by the Purchaser and the Seller, and tla SO let thereafter indicates its inabdity or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious an, available to it, and the Seller shall pay all costs strowimed with such work. The Seller shall relax the Purchaser and its comments of any tier from 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 parry, relcascd cud shall extend in the di.m., officers and employers ofsuch parry. The Sellers contractual obligations, including wain y, shall trot be created to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Momevca the Seller is required to use tiny design, device, material or process covered by letter, Front, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the am of such patented design, device, material or process in connection with the contract, and shall indemnify the Purc sear, for any coal expense ar damage which it may be obliged to any by reason of such infringement r any time during the prosecution or after the completion of the work. In use mid equipment, or any pan thereof or the intended too of the goods, is in such suit held to comtimm infringement and the use of said equipment or pan is enjoined, tare Seller shall, at its own expenc and at its option, either immure for the Purchaser the right an continue ning mid sluipmenl or pits, seplaze the tame with substantially equal but noninGnging apdpment, err modify it m it becomes noninGnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of credimrs, appoint a receiver me or trwfor any of the Sellers geometry or brooms, this aide, may forthwith be canceled by the Par . hose, without liability. 16. GOVERNING LAW. The definition of moms wed or the interpretation ofthe statement and the rights of all parties hereunder shall be rumored order and governed by the laws of the State mfColoord., USA. The following Additional Condition apply only m Taus where the Seller is as psfnrm s mk hereunder, including the service o(SeLlers Repreecntativc(s), on the premiss ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry, on mid work or Sellers own risk unlit the more is fully completed and eccepaed, and shall, in case Of any accident, destruction or injury to the work anNor malenals bet Sellers final completion and acceptance, complete the work a1 Sellers Own expense end . the mtisfactimn of the Purthass. When mmmals and equipment am famished by others for installation or section by Nc Seller, rise Seller shall receive, unload, were and handle sere at the site and became responsible therefor as though such materials and/or equipment were being f mished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide far the payment of workers campeoution, including ottupsaimsed disease benefits, or its employers employed an or in comtectimn with the work cns:red by this parchau orris, and/or 1m thew dependents in accordance with the laws of the spite in which the wok is in be done. The Seller shall also woo comprehensive geaeal liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and dads limits of or least S3tlR" for any ere persong. S50o,0p0 for my accident and properly damage limit per accident of S400,000. The Sells shill likewise exothe his commaers, if any, to provide for such compewwing and insurance. Before any afoot Sellers or his contractors cmployets shall do any work upon the premises of others, the Seller shall famish live Purchaser with a ceni0cate that such compensation and insurance have been provided. Such certificates shall specify me date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that mch compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sells hereby assume the entire responsibility and liability fm any and all damage, loss Or injury of any kind or amre whatsoever m person or property, cared by or resulting form the execution of the work provided far in this purchase Order or in connection herewith. The Seller will indemnify and hold harmless We Purchaser and any or all of the Examination, alfcen, agents cad employees tram and against my sad all claims, losses, damages, conga or expemes, whether direct or indirect, and whether to person or property to which the Purchaser may be put an subject by reaon of any act, action, ncglal, omission at default an the pan of dx Seller, any of his connntors, or any of the Sellers or contractors officers, agents or employees. In eau any suit or other proceedings shall be brought ogainr the Purchaen or its officers, agents at employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any, of its ar their o(fcess, agents or employees as efnremid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sella own expene, he pay any and all costs, charges, anomeys fees and other expenses, my and all judgments that may be incurred by or obtained against the Pufchacs many of its or their officers, agents or employees in such suits or other prooeedwgs, and in case judgment or other lien he placed upon or abmined against the property of the Purchvaef, or said panic in or as is result ofsuch Wits or edhcr proceedings, the Seller will at once cause the same 0 be dissolved and discharged by giving bond or otherwise. The Seller cud his comractars shall pike all mfery, precaution, famish and install all guard necessary for the prevention of accidents, comply with all laws and regulation with mag 10 mfely including, but without limitation, the C mupatiaoel Safety and Heath Act of 1920 and all ales and tguladon issued pursuant Hereto. Revised 02Q014