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HomeMy WebLinkAbout445620 SAI NORTH / BLUEGROOVE INC - PURCHASE ORDER - 9112712City of Fort Collins PURCHASE ORDER Date: 05/13/2011 Vendor: 445620 SAINORTH /BLUEGROOVEINC 6844 NORTH FRANKLIN AVE LOVELAND Colorado 80538 PO Number Page 9112712 1o12 This number must appear on all invoices, packing slips and labels. Ship To: PARK MAINTENANCE CITY OF FORT COLLINS 413 S BRYAN FORT COLLINS Colorado 80521 Delivery Date: 05/13/2011 Buyer: ED BONNETTE Note: PER INVOICE #37991, DATED 4125/11. Line Description Quantity Ordered UOM Unit Price Extended Price 154 Youth NBA Jerseys 1 LOT LS 1,971.20 2 110 NBA Jerseys 1 LOT LS 1,628.00 3 80 Youth WNBA Jerseys 1 LOT LS 1,368.00 4 52 WNBA Jerseys 1 LOT LS 998.40 Total $5,965.60 Invoice Address: City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO BOX 580 Fort Collins, CO 80522-0580 Purchase Order Terns and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000387 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof. failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a), exercise any rights or remedies provided herein or by Irv. Failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for good hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to men specifications, either when shipped at due to defects of any of the warranties or obligations of this purchase order and ,shall not be deemed a waiver of anv right of the damage in transit. may be minimal to you for credit and arc not to be replaced except upon receipt of writtcn purchaser to insist upon strict performance hercofor any of its rights or remedies as many such goods. regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, not shall any purported sal modification or rescission of this purchase order by the Purchascr operate as a waiver of any of the terms Inspection. GOODS are subject to 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. authodzed payment on the part of the City of Fort Collins. However, it is to he understood that FINAL Seller and the Purchascr recognize that in actual economic practice, overcharges resulting from amitmst ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations ore in fact home by the Purchaser. Therctefrm, for good cause mad as consideration for accusing this purchnsc order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments most be F.O.B.. City of Fort Collins. 700 Wood St. Fort Collins, CO 80522. unless acquired under federal or state antitmst laws for such overcharges relating to the particular Rands or services otherwise specified on this order. If prnnission is given to pap y freight and charge separately, the original freight purchased ar acquired by the Purchascr pursuant to this purchase ardor. 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 pans of the country, shipment is Ifthe Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice n'hen Purchascr and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchascr shipments arc made fmm grater distance. may cause the work to be pvniern¢d by the most expeditious means mailable to it. and the Scllcr shall pry all casts associated with such work. Permits. Seiler shall procure at sellers sole cast all necessary permits. certificates and licenses required by all applimblc laws, regulations, ordinances and mles of the state, 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 hmmless fmm and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rates and requirements. Authorization. All panics to this contract agree that the representatives am. 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 any supplementary or additional terms 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 cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpartial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies. the option ofplacing 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 am beyond its reasonable contact and without its fault of negligence, such acts of". acts ofeivil or military authorities. governmental priorities, fires, 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 time when the Seller first 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 of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable dowirp. specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of cam and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the purchaser may suffer or incur on account of the Scllers breach of wamnty. The Scllcr shall replace, repair or make good, without east to the purchase, any 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 of any applicable wamnty, provided by the Seller after the date of acceptance of the goods fumishcd hereunder (acceptance not to be unreasonably delayed), resulting Farm imperfect or defective work done or materials furnished by the Sella. Acceptance or use of grads by the Purchascr shall not constitute a waiver ofany claim under this wamnty. Except as otherwise pmvidcd in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach ofany of the foregoing warranties or guarantees, but such liability shall in no event include loss of pmfils 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 writtcn change order. S. CHANGES IN COMMERCIAL TERMS. The Purchascr may make any changes to the terms, other than legal tams, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order If any such change affects the amount due or the time ofpMormance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchascr may at any time by written change order, terminate this agreement as to any or all portions of the Foods then not shipped, subject to any extricable adjustment bnwcen the parties as to any work or materials then in progress provided that the Purchascr shall not be liable for any 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 made in favor of the Seller with respect to any goods which arc the Scllers sandrd stock. No such termination shall relieve the Purchascr or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character arc hereby incorporated herein by this re@rcnee. The Seller agrees to indemnify and hold the Purchascr harmless from all costs 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, or convey this order, or any monies due or to become due hacuada without the prior written consent of the other party. 10.TITLE. The Seller warrants full, clear and unrestricted title to the Purchascr for all equipment, materials, and items furnished in performance of this agreement free and clear of any and all liens, restrictions, reservations, security interest accordance, and claims of others. The Seller shall release the Purchaser and its contractors of any tier fmm 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 released and shall extend to the directors, oRecs and employees ofsuch parry. The Seller's contractual obligations. including warranty, shall not be deemed to be reduced, in any way, because such work is perforated or caused to be perforated by the Purchascr. 14. PATENTS. Whenever the Seller is required to use any design, device. material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchnscr from any and all claims for infringement by reason of the mac of rich patcntcd design, device, material or process in Connection with the contract, and shall indemnify the Purchascr for any cost expense or damage which it may be obliged m pay by reason ofsuch infringement at any time during the prosecution or after 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 constitute infringement and the use of slid equipment or pan 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 some with substantially equal but aoninfringing equipment or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Scllers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the rights of all panics hereunder shall be consmtal under mad governed by the laws of the Sam ofColomdo, USA. The following Additional Conditions apply only in cases where the Seller is In Perform work hereunder. including the sea ices of Sellers Remostmative(s), on the premises afothers. 17, SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own rick until the same is fully completed and accepted, and shall. in case of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Seller's own expense and to the smisfaetion of the Purchascr. When materials and equipment arc famished by others for installation or station by the Seller, the Seller shall receive, unhand. store and handle same at the site and become respansible therefor as though such materials and/or equipment wore being fumishcd by the Seller under the order. 19. 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 connection with the work covered by this purchase order. and/or to their dependents in accordance with the laws of the sate in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to. contractual and automobile public liability insurance with bodily injury and death limits of at least S3f10.W for any one person. S5ni for anv one accident and propary damage limit per accident of S400.000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contactors employees shall do any work upon the premises efothers, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been pmvidcd. Such cenificmes shall specify the date when such compensation and insurance have been Provided. Such ccnificatcs shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hachy assumes the entire responsibility and liability for any and all damage, loss at injury ofany kind at nature alvia Bever to persons or properly causal by or resulting fmm the execution of the work provided for is this purchase order or in connection herewith. The Seller will indcmmify and hold harmless the Purchascr and any or all of the Purchasers offices, agents and emplosees fmm and against any sad all claims, losses damages. charges or expenses whether direct or indirect, and whether to persons or pmNny to which the Purchascr may be put or subject by reason ref any act, action, neglect omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or comments oRecrs, agents or employees. In ease any suit or other proceedings shall be brought against the Purchaser. or its offices, 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 oRecrs, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Scllers own expense. to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their oBicas. agents or employees in such suits or .her proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said panics in or as a result ofsuch snits mother proceedings, the Seiler will m once cause the same to be dissohcd and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guards necessary for 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 talcs and regulations issued puruam thercm. Revised 03/2010