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HomeMy WebLinkAbout282740 SPORT & FITNESS INC - PURCHASE ORDER - 9117670PURCHASE ORDER PO Number Page City of 9117670 1 of z `t Collins OI` lI ns This number must appear on all invoices, packing slips and labels. Date: 12/29/2011 Vendor: 282740 Ship To: POUDRE FIRE AUTHORITY - AD SPORT & FITNESS, INC. 102 REMINGTON 1409 PIKES PEAK AVE FORT COLLINS Colorado 80524 FORT COLLINS Colorado 80524 Delivery Date: 12/29/2011 Buyer: ED BONNETTE Note: PER INVOICE DATED DECEMBER 13, 2011. Line Description Quantity UOM Unit Price Extended Ordered Price Exercise Equipment 1 LOT LS 6,974.00 Station 1 Total $6,974.00 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 Ordcr Tcrms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions By statute the City of Fog Collins is exempt boom state and local taxes. Our Exemption Number is I I. NONWAIVF.R. 99-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict pefomance of the rants and conditions hereof. failure of delay to Internal Revenue, Denver. Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-20, 114 (a). exercise any rights or rcmcdics provided herein or by law, failure to promptly notify the Seller in the event of a breach. the ncccdAnce ofor payment for good hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications. either when shipped or due to defects of any of the wmmmics or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be returned to you for credit and are not to be replaced except open receipt of written Purchaser to insist upna strict performance hcrcefor any of its right%or rcmcdics 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 defmdt herAmder, nor shall any purported on] modification or rescission of this purchase order by the Purchaser operate As a waiver of any of the lernts Inspection. GOODS arc 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. authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, evercharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedure.,. violations arc in fact borne by the Purchases Theretofore. for good cause and as consideration for executing this purchase order. the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.N., City of Fort Collins, 700 Wood St. Fog Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or saxices otherwise specified on this order. If permission is given to prepay freight and charge separately, the 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 manuffacmren have distributing points in various pans of the country, shipment is If the Purchaser i irems the Seller to correct nonconforming or defective Foods 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 when Purchaser and the Seller, and the Seller therea0er indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs a,,acimcd with such work. Pcmits. Seller shall procure at sellers sole cost all necessary Permits. certificates and licenses required by all applicable Imes, repilations, ordinances and rules critic state, municipality, territory or political subdivision where the sunk is perforated, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller fonder agrees to hold the City of Fen Collins harmless from and against all liability and Inns incurred by them by reason of an asserted or established vinlation of any such law;,, regulations, ordinances, mlcs and requirements. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tans and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by rcbcrence. Any additional or different terms and conditions pmposed by seller arc objected mind httcby 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 critic essence. Delivery and performance mast he effected within the time stated on the purchnsc coder and the documents anachcd herein. No act, of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this prevision. In the event crane delay, the Pu¢hascr shall have, in addition to other Icgel and equitable remedies the option of plAcing this order elsewhere and holding the Seller liable for damages Howcvcr, the Seller shall not be liable for damages ns a result of delays due to causes not reasonably foreseeable which am beyond its reasonable control and withmg its fault ofncgligenec. such acts of God, acts obcivil or military amhorifics, governmental priorities, fifes strikes. Brad, 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 Seiler first neeived knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lox, by reason of the delay. 3. WARRANTY. The Seiler wxmnts that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, wi11 be fit for the purposes intended, and performed with the highest degree of cam and competence in accordance with accepted stimulant, for work of a similar nature. The Seller agrees to hold the purchaser harmless brain any Ions, damage or expense which the Purchaser may suffer or incur on account ofthe Scllcrs breach of wamnty. The Seller shall replace, repair or make good, without cost to the purchaser, 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 good, furnished hereunder (acceptance not to be unreasonably delayed), resulting heart imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver crony claim under this wamnty. Except As otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach crony of the foregoing wamntics or guarantees, but such liability shall in no event include loss of profits or loss cruse. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS, The Purchaser may make changes to legal tames by written change order. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms. other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or dwdngs, by verbal or writer change nMec If any such change affects the amount due or the time efperfomance hereunder, an equitable adjustment shall be made. fi. TERMINATIONS. The Pumhaser may at any time by written change order, terminate this agreement as to any or all portions ofthe goods then net shipped, subject tnany equitable adjustment between the parties as to any work or mmcrixls then in progress provided that the Purchaser shall not he liable for any claims for anticipated profits on the uncompleted portion ofthe goods and/or work, for incidental or consequential damages, and that no such Adjustment be made in favor ofthe Seiler with respect to any goods which are the Scllcrs standard stock. No such termination shall rclioxe the Purchaser or the Seller of any of their obligations as to any good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days boom the date the change or mrmination 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 shill 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 reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Pumhaser as a result ofthe Sellers failure to 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 written consent ofthe other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials. and items furnished in performance of this agreement, free And clear of any and all liens, restrictions, mscrvatioR, security interest encumbrances and claims of others. The Scllcr shall release the Purchaser and its contractors of any her from all liability and claims of any nature resulting from the performance ofsnch work. This release shall npply even in the event of fault of negligence of the party released and shall extend to the directors, effaces and employees of such party. The Sellers contractual obligations, including wamnty, shall not he deemed to be redumi, in any way, becmrac such work is performed or caused to be performed by the Purchaser. 14. PATENTS. R'hcncver 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 Purchaser from any and all claims for infringement by reason 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 he obliged to pay by reason ofsuch infringement At any time during the persecution 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 pan is enjoined, the Seller shall, At its own expense and it its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but nnninfringing equipment, or modify it so it becomes anninfinegmg 15. INSOLVENCY. If the Seller shall heeome insolvent or bankrupt. make ran assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this nnder may forthwith be canceled by the Parchascr without liability. 16. GOVERNING LAW. The definitions eftcmis used or the interpretation ofthe agreement and the rights of all parties hereunder shall be consorted under and governed by the laws ofthe State of Colomdo. USA. The following Additional Conditions apply only in cases whac the Seller is to perform work hereunder. including the sets ices of Sellers Rcpresentative(s), on the premises ofothc s. 17. SELLERS RESPONSIBILITY. The Seller shall carry unsaid work At Seller's own risk until the same is fully completed and accepted. and shall, in case of any accident destraction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Seller's own expense and to the satisfaction ofthe Pumhaser. When materials and equipment arc furnished by others for installation or erection by the Seiler. the Seller shall receive, Attend, store and handle saute at the site and become mspenxiblc therefor as though such materials and/or equipment were being furnished by the Seller under the order. IS. INSURANCE,. The Seller shall. at his own expense, provide for the payment of workers compensation, including occupational disease benefits. to its employees employed an 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 Seller shall also tarty comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bMily injury and death limits of at least S300.000 for any one person. S500.w for Any one accident and popcny 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 contractors employees shall do Any work neon the premises ofolhers, the Seller shall famish the Purchaser with a certificate that such compensntion and insurance have been pmvidcd. Such certificates shall specify the date when such compensation and insurnnee have been pmvidcd. Such ecgificmes 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 hcrcby Assumes the entire responsibility and liability for any and All damage loss or injury of any kind or nature whanoevcr to persons or pmperty caused by or resulting from the execution ofthe work provided far in this purchase order or in connection herewith. The Seller will indcmnify and hold harmless the Purchaser and any or ell of the Purchasers oRrers, agents and employees from and against any and all claims, losses, damages. charges or expenses, whether direct or indirect. and Ahcthcr 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 contactors. or tiny of the Sellers or contractors oRccm, agents or employees. In case any suit or ether fmceediags shall be brought against the Parchases or its oRcers, 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 of any of its or their officers, agents or empiny'ecs as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense. to pay any and all costs, charges, attmmcys fca and other expenses. any and all judgmcros that may be incurred by or obtained against the Purchaser or any of its or their nMcc s, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed Anon or obtained Against the property of the Pumhescr, or said panics in or as a result of such suits or ether 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 safely precautions burnish and install all guards necessay for the pmvention 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 miss and regulations issued pursuant Ihcecto. Revised 03/2010