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HomeMy WebLinkAbout173497 SPRADLEY BARR FORD LINCOLN OF GREELEY - PURCHASE ORDER - 9152083PURCHASE ORDER PO Number Page City Of 9152083 1 of 2 FortCoro CollinsThis number must appear " J on all invoices, packing slips and labels. Date: 04/09/2015 Vendor: 173497 Ship To: FLEET SERVICES - MAIN SHOP SPRADLEY BARR FORD LINCOLN OF GREELEY CITY OF FORT COLLINS 4901 29TH ST 835 WOOD ST GREELEY CO 80634 FORT COLLINS CO 80521 Delivery Date: 04/08/2015 Buyer: DOUG CLAPP Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 2013 Nissan Armada 1 LOT LS 33,098.00 2 Trade in #21622 Silverado 1 LOT LS-24,000.00 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 invoices @fcgov.com Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local razes. Our Exemption Number is 11. NONWAIVER. 98-04502. Fedend Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of Ore terms and conditions hereo( failum or delay in Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defec6 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 transit, may be resumed to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported unit modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject W the City of Fort Collins inspection on arrival. hereof Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is in be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting tram antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore, for good cause and n consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terris. Shipments must be F.O.B., City of Fort Collins, 700 Wood St., Fart Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating m the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, die original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is If the Purchaser directs the Sella to correct nonconforming or defective goods by a date to be agreed upon by the expected front the nearest distribution point a destination, and excess height will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distance. may cease the work m be performed by the most expeditious mews available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, cerific ttes and licenses required by all applicable laws, regulations, ordinances and roles of the stare, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and lass incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requirements. Authorization All parties to this contract agree that the representative me, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and coy supplementary or additional tarts and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you "mot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must be affected within the time staled on the pumbase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofparial late deliveries, shall operate as a waiver of this provision. Ia the event ofany 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. However, the Seller 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 ofnegligence, such acts of God, acts of civil or military authorities, governmental priorities, fees, strikes, flood, epidemics, wars or hots provided that notice of the conditions causing such delay is given in the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event of my such delay, the date of delivery 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 this order will conform with applicable drawings, specifications, sample andlor other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar anture. The Seller agrees to hold the purchaser harmless fmm my loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaxr, my defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms army applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done our materials 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, 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 loss of profits a 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. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes a the terms, other than legal terns, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If my such change affects the amount due or the time mperformance hereunder, m equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the Partin n to my work or materials then in progress provided that the Purchaser shall not be liable for my claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be trade in favor of the Sella with respect to my goods which are the Sellers standard stock. No such termimrion shall relieve the Purchaser or the Sella army arrived obligations as to my goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or ammunition is ordered. 8. COMPLIANCE WITH LAW. The Sella warrants that all goods sold hereunder shall have been produced, sold delivered and famished in strict compliance with all applicable laws and regulations 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 ta be incorporated in agreements of this character are hereby incorporated herein by this reference. The Sella agrees to indemnify and hold the Purchaser harmless from all vests and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, an convey this order, or my monies due or to become due hereunder without the prim written consent of the other party. 10. TITLE. The Seller warrants full, Clem and unrestricted fide m the Purchaser for all equipment, materials, and items furnished in performmre of this agreement, free and Clem of my and all lien, restrictions, reservations, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of coy tiff from all liability and claims of coy name resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees of such party. The Seller's emmuctual obligations, including warranty, shall not be deemed to be reduced in coy way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is requital to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify mud save harmless the Purchaser from coy and all claims for infringement by down 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 my time during the prosecution or after the completion of the work. In case said equipment, or any part thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or part is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Sella shall become insolvent or bankrupt, make an assignment for the benefit of credimrs, appoint a receiver or trustee for coy of the Sellers property or business, this order may forthwith be canceled by the Purchma without liability. 16. GOVERNING LAW. The definitions of temps used or the interpretation of the agreement and the rights of all parties hereunder shall be construed under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is an perform work hereunder, including the services of Sellers Representative(s), an the premises of others. 17. SELLERS RESPONSIBILITY. The Sella shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in case of my accident, destruction in injury to the work and/or materials before Sellers final complaion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment we furnished by others for installation or erection by the Sella, the Seller shall receive, unload, store and handle same at the site and become responsible therefor w though such materials and/or equipment were being famished 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, in its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Sella shall also carry comprehensive general liability including, but not limited in, contractual and automobile public liability insurance with bodily injury and death limits of at least 5300,000 for any one person, 5500,000 for my one accident and property damage limit per accident of 5400,(100. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before my of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the 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 such compensation and insurance shall be maintained until area the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes the entire responsibility and liability for my and all damage, loss or injury army kind or nature whatsoever in persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Sella will indemnify and hold harmless the Purchaser and my or all of the Purchasers officers, agents and employees from and against my 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 part of die Seller, any of his contractors, or my of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchase, or its oficas, 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 contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and in defend the same at the Sellers own expense, to pay my and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Pamhasa or my of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchase, or said parties in or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guards necessary fur the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rates and regulations issued pursuant thereto. Revised 03/2010