Loading...
HomeMy WebLinkAbout102564 DELLENBACH MOTORS - PURCHASE ORDER - 9147450PO PURCHASE ORDER 914745er Page C117/ of PURCHASE 9147450 1 or z Flirt Collins Ins This number must appear .-\V`I ` V ` on all invoices, packing sli s and labels. Date: 12/18/2014 Vendor: 102564 Ship To: ELECTRIC UTILITIES DELLENBACH MOTORS CITY OF FORT COLLINS 3131 S COLLEGE AVE 700 WOOD ST FORT COLLINS CO 80525 FORT COLLINS CO 80521 Delivery Date: 12/17/2014 Buyer: DOUG CLAPP Note: state bid/ quote replaces unit#'s 23002,23028 Line Description Quantity UOM Unit Price Extended Ordered Price 2 Each - 2015 Chevy Colorado 1 LOT LS 53,970.00 Crewcab Long Box ref. quote dated 12/15/14 Deliver vehicle and title documents to: Contact: Greg R. or Eric 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 Total Pay terms net 30 days Invoice Address: 1*1111I17 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By smmte the City of Fort Collins is exempt fmm state mall local taxes. Om Exemption Number is 98-04502. Federal Excise Tax Exemption Cenificele of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado Ref. Colorado Revised Statute 1973, Chapter 39-26, 114 (a). Goods Rejected, GOODS REJECT Ell due to failure to meet sped fications, either when shipped or due to dcfccs of damage in transit, may be returned to you for credit and me not to be replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS are mqa, to the City of Fall Collins inspection on wood. Fiwl Acceprance. Receipt of the merchandise, services or equipment in response to this older aa mull in authamud payment an the pan of the City of Fon Callios. However, it is to be whassacd that FINAL ACCEPTANCE is dependent upon completion are]] applicable mptired inspection procedures. Freight Tents. Shipments now be F.O.B., City of Far Collins, 700 Wood St., Fort Collins, CO 80522, unless otherwise specified on pis order. If pennission is given to prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges for tacking will not be accepted. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is expected from the nearest distribution point to desuration, and excess freight will be deduced from Invoice when Shipments me made from,tearer distnntt. remain. Seller shall procure in sellers Sole cost all necessary permits, econfiam and limos, required by all appticable fws, regulations, ordimtnces and roles of the alone, municipally, tenioory m political subdivision where the work is performed, or fiepo ed by any he, duly constituted public authority bruin, jurisdiction over flue work of vendor. Seller (umber agrees to hold the Ciy of Fall Collins harmless from end against all liability end loss incurred by them by reason of an manned or established violation of any such laws, regulations, ordiwnces, roles and rcquiremens. AumorivAim All parties In this contract agree that rise rerfiewtativa are, in fro, bona fide and possess full and complete authority to bind said parries. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the teams and conditions stated herein set forth and any Supplementary or additional tents and conditions annexed herein or incorporated herein by reference. Any additional or different terms and wndamas plapnced by seller are objected m and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you mount make complete shipm rm on arrive oa your Promised delivery date a rested. Time is critic earn¢. Delivery and perfnce. must be abscond within the time staled on the pmchnse order and the doimmens aunched herclo. No acts of the Purchasers including, without limitation, acceptance ofpanial late deliveries, shall opafine m a waiver of this pervrsion. In the event of any delay, the Purchaser shall have, in addition mother legal and equitable remedies, the option ofplacing this order elsewhere Lord holding the Seller liable for damages. Howeve, the Seller shall nor be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control Lord without its fault of negligence, such acts of God, acts ofcivil or military authorities, gov .are]pnature.,Gres, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the Dime when the Seller but received knowledge thereof 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. The Seller wamms their all goads, articles, namrials and work covered by this order will coofomt with applicable drawings, Specifications, complea and/or other descriptionc given, will be fit for the purposes intended, and performed with the highest degree of art cod competence is accmnsper with acepo d standards far walk of a similar rmmre. The Sella agrees to hold the purchaser hmmless final any has, damage or expense which the Purchaser may suffer m inter on account ofthe Sellers breach of wormnty. The Seller shall replace, repait or make good, without cost o the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be Proscribed by law or by the terms of any applicable women, provided by the Sella after the date of acceptance of the goods furnished hereunder (Loceeplaree not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by fe Sella. Acceptance or use of goads by the Purchaser shall or constitute a waiver of any claim under this wrmosey. Except a otherwise provided in this parches order, the Sellers liability fiereunder shall extend to all damagea puran tely caused by the breach of any of fe freged, warranties or gumamees, bur such liability Shall in ALL went include loss of plants 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 chinga m legal terms by written change order. S. CHANGES IN COMMERCIAL TERMS. The Purcbaser may make a, cban.. m the temrs, other Nan legal to^m. Including additions to or delaimn Lon, the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change anects the amount due or the time ofperfrovance hereunder, on equitable adjustment shall be nude. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as many or all ponionc of the goads then.1 shipped, subject to any equitable injunction between the panics as to any work or materials pen in progmss provided that the purchase shall not he liable far any claims for anticipated profits can Be unmmplecd portion of fe goods and/or work, fro mundennd or wastyuatul damages, and Lie no such edjustrnat be made in favor of the Seller with impact to any goods which are the Sellers standard stack. No such termination shall relieve the Purchaser or the Sella of any oftheil obligations is m any goods delivered haeundcr. 2. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days Form the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goads sold hereunder shall have been produced, sold, delivered and famished in shin compliance with all applicable laws and mgulation, to which the goods me subject. The Sella shall execute and deliver such documents u may be required to ebeer or evidence compliance. All laws and regulations required m be, incorporated in agteemmts of this character are hereby incorporated herein by this reference. The Sella agrees to indemnify and hold Lie Encomia hurmless from all cones and damages Sunned by the Purchaser as is mutt of Lie Seller failure m comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior weriher consent of the other Early. Ia. TITLE. The Seller warrants full, clear and unrestricted title in Lie Fireman for all equipment, matmaB, and items furnished in Fellowman, of this agreement. fine and clear of any and all liars, mtrictionc, emanations, saunity interest encumbrances and claims of others. 11, NONWAIVER. Failure of the Purchaser to insist upon strict Performance of nc tams; and conditions hereof, failure or delay to exercisy tights or remedies provided herein or by law, failure to promptly part fy the Seller in the event of a breach, anthe acceptance of or payment for goods hereunder or approval ofthe design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall or be deemed a waiver of any right Of flue purchaser to insist upon Inner performance havofor any of its rights or remedies as to any such goods, regardless of when shipped, received or acceprN, as to any prior or subsequent default hereanda, nor shall any purported oral modification or rescission of this purchase older by no Purchssn operant as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaver roagnve that in actual a a is practice, ovechatga melting from AnImi violations are hom in fact e by the Franchiser. Theretofore, forgoodroue and or consideration for exerting this purchase older, the Sella hereby assigns m the Pumha any and all claims it prey now have or hereafter acquired muter federal or mile national laws for such overcharges relating In the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by Ore Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be Imformed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. The Sella shall release the Embosser and its contractors of any tier tram all liability Lord claims of any rmttu, resulting flow the perfonwnce orsuch work. This release shall apply even in the went of fault of negligence of the parry released and shall extend to the directors, oRc u, and employees ofsuch party. The Seller's carmorial obligoliam, including womenty, shall not be deemed m be ordained, in any way, because with work is performed or caused to be performed by the Purchase. 14. PATENTS. Whenever the Seller is required to use any design, device, material of process covered by letter, patent, nademmk r copyright. the Sella sholl fdaanity and save harmless the Purchaser fro any sound all claims far infringement by reason of the and, of such patented design, device, matmal or process in connection with the exntmet, and shall iMenmify the Purchaser for any cosy, expense or damage which it may be obliged m pay by rersona of such infringement at any time during the prosecution at afta Om completion of the work. In tase said equipment, or any pan naaf or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pet is a joined, the Sella shall, at its own expteme and at its option, either procure for the Purchnca the Light to continue using said equipment or pans, replace the same with substantially equal but noniM'nging equipment, or modify it so it ba roes noninfnnging. 15, INSOLVENCY. If the Sella shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or anowee for any of the Sellers proerty por business, this older may forthwith be canceled by the Purchaser without liability. I& GOVERNING LAW. The defiftionc afterns toad or the interpretation ofthe ageement and the rights of all patois Imrettnde shall be conchued under ard governed by the laws of the Stale of Colorado, USA. The following Additional Conditions apply only in roses where the Sella is to perform work hereunder, including the services of Selim Represerttative(s), can the premises aromas. IZ SELLERS RESPONSIBILITY. The Seller shall eany on said work at Sellers own risk until die same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work waVor materiak before Sella's final completion am acceptance, complete the work at Sellers own expense amt to the adisfrcnon ofthe Purchaser. When mmmals and equipment arc famished by others fro installation or emction by the Sella, the Sella am[] receive, unlmd, store and haMle same in the site and become respomilde therefor as though such materials meal equipment were being( ished by the Sella under the order. I S. INSURANCE. The Seller shall, at his own expense, Previte for the payment of workers exparearesseation, including Occupational disease bmefin, to its employees employed on or in connection win the work covered by this purchase rota, and/or to their dependents in accordance wild the laws of the state in which the work is to be done. The Seller shall also carry comprrhensive ,meal liability including, but not limited W, sammcNal and automobile public liability insurance with bodily injury and death limits of at least $300,000 for any one person, 5500,000 for any one accident and property, damage limit per accident of $400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his continuum employees shall do any work upon the premises of others, the Sella shill Swedish Be Purchaser wild a ecnifimm that such compensation and insurance have been provided. Such cenificates shall specify the date when such compensation and insurance have beau provided. Such ceni0ans shall specify Lie dam when such compensation Lord insurance expires. The Sella agrees that such compensation and men reme shall be trainsined and] afia the comae work is completed and accepted. I9_ PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes the entire mpmrsibility end liability for any and all damage, loss or injury of any kind nSt. whosoever to peoow or property caused by an mulling fmm die execution oflhe work provided for in this purchase order or in connection herewith. The Seller will indemnity and hold hmmloss 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 to persons 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 contractors, or any of the Sellers or ontractors officers, agents or employees. In case any suit or other proceedings shall be, brought against the Purchases, or its articles, agents or employees at any time on account or by reason of any ser, action, neglect, omission or default of the Seller of any of his rum oaclars or any of its or their officers, ripens or employers as aforesaid, Lie Sella hereby agrees to assume Lie defence thereof and to defend Lie same at the Sellers own expense, to pay any and all casts, chugs, eemneys fees and other expences, any and dl judgments that may be incurred by or abuical against the Purchaser many of its or Breit offcere, agents or employees in such arms or other proceedings, and in case judgment Or ether lien be placed upon or obtained against the property ofthe Ptuchasa, or Said panics in or a a mull of such suits or ether proceedings, the Seller will at matt cause the same to be dissolved and discharged by giving bond or otherwise. The Sella and his contractors shall take all safety precautions, famish and immll all guards neceamry for Lie prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, Ne Occupational Safety and Health Act of 1970 and all rules and regulm]on issued pursuant thereto. Revised (QnOi4