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HomeMy WebLinkAbout445620 SAI NORTH / BLUEGROVE INC - PURCHASE ORDER - 9120317City of �,.,.or# Collins PURCHASE ORDER Date: 01/20/2012 Vendor: 445620 SAI NORTH I BLUEGROOVE INC 6844 NORTH FRANKLIN AVE LOVELAND Colorado 80538 PO Number Page 91203.17 1of2 This number must(appear on atl invoices, packing slips and' labels:: ','' .' Ship To: PARK MAINTENANCE CITY OF FORT COLLINS 413 S BRYAN FORT COLLINS Colorado 80521 Delivery Date: 01/20/2012 Buyer: ED BONNETTE Note: PER BID 7324 YOUTH FOOTBALL HELMETS AWARD TO SAI NORTH. Line Description Quantity. UOM Ordered Unit Price .Extended Price Youth Football Helmets - _ 1 LOT - LS, 4445.10 500 BID AWARD INCLUDES THE FOLLOWING PER BID SPECIFICATONS: FACEMASKS ATTACHED. LOGO DECALS ATTACHED. FREIGHT IN ON NEW HELMETS, PICKUP 8 FREIGHT OUT ON OLD HELMETS. MANUFACTURERS WARRANTY ON NEW HELMETS. LEAD TIME TWO WEEKS ARO. Total 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 ll, 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 Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fen Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption.Cenificam of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). Goods Rejected. GOODS RFJECTED duc to failure to mco specifications, citha when shipped or duc to defects of damage in transit, may he returned to you for credit and arc no to he replaced except upon receipt of written instructions from the City of Fen Collins. Inspection. GOODS arc subject to the City of Fan Collins inspection on mrim I. II. NONWANER. Failure ofthe Purchaser to insist upon strict performance of the lams and condition's hereof, failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller inthe event of a breach, the acceptance ofor payment for goods hacuader or approval oflhc design, shall not release the Seller of any ofthe warranties or obligations of this purchase order and shall not be dmmcd a waiver of any right ofthe Purchaser to insist upon strict performance hercafor any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, not shall any purponcd oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms 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 For Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice. overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations an in fact home by the Purchaser. Theretofore• for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchase,. any and all claims it may now, have or hereafter Freight Teens. Shipments must be F.O.B.• City of Fan Collins. 700 Woad St_ Fort Collins, CO 90522. unless otherwise specified on this order. Hpamission is given to prepay freight and charge smammly, the original freight bill most accompany invoice. Additional charges for packing 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 destination, and excess freight will be deducted from Invoice when shipments are made firm greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws• regulations, ordinances and roles 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 harmless fmm and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, mks and requirements. Authorization. All parties to this monad agree that the representatives are. in fad, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tars and conditions stated hacin set fonb and any supplementary of additional mere, and conditions annexed hereto or incorporated herein by refacnce. Any additional or different terms and conditions proposed by seller arc 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 of partial late deliveries, shall operate as a waiLcr of this provision.In the event of any 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 nor be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence. such acts of God, acts of civil or military authorities, governmental priorities. fires, strikes, Rood, epidemics, wars art 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 thcrcof 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 drawings, specifications, samples and/or other descriptions given, will be RI for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Sella agrees to hold the purchaser harmless from any lass, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of waranty. The Sella shall replace, repair or make good withoui cost to the purchaser, any defects at faults arising within one (1) year or within such longer period of time as may he prescribed by law or by the terms of any applicable wamanty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance am to be u rmournably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or on of goods by the Purchaser shall not constitute a waiver of any 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 Ions of profits or loss of use NO IMPLIED WARRANTY OR MERCHANTABR.FFY.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 to the tams, other than legal toms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal a written change order. If any such change effects the amount due or the time of pcefornanee hermnda, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at anytime by written change order, terminate this agreement as to any or all portions of the goods then not shipped subject to any equitable adjustment bcoecn the parties as to any work or materials then in Progress provided that the Purchaser shall not be liable for any claims fur anticipated profits on the uncompleted portion ofthe goods and/or work, for incidental m consequential damages, and that no such adjustment he made in favor of the Sclltt with respect to any goads which arc the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days fmm the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Sella warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with ail applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliversuch documents as may be required to effect at evidence compliance. All laws and regulations required to be incorporated in agrarnents of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hammicss from all dean and damages suffacd 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 hereunder without the prior written consent of the other party. IO.TITLE. The Seller wo mns full. elcor and unrestricted title to the Purchaser fm all equipmcnt, motaiak, and items fmnishcd in performance of this agreement, free and clear of any and all liens, restrictions, resrnations, security interest encumbrances and claims of others. acquired under federal at state antitrust Imes for such overcharges relating to the parimlm goods a services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. 1 - If the Purchaser dircds the Seller to coned nonconforming or defective goods by a date to be agreed upon by the Purchaser mid the Seller, and the Sellerthereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be patterned by the most expeditious means available to it, and the Seller shall pay all costs associated with such week. The Sella shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the paformance of such work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, officers and employees of such party. The Seller's contractual obligations, including wmmnty,-shall not be deemed to be reduced. in any way,. because -- work is performed or caused to be perfommd by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design• device, material or process covered by Icier. patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from anyand all claims for infringement by reason of the use of such patented, design, device. material at process in'conacction with the contract• and shall indemnify the Purchaser for any cast, expense or damagc which it may be obliged to pay by reason ofauch infringement at any time during the pmrseeution or aficr the completion of the work. In case said equipmcnt, or any pan thcrcof or the intended use ofthe goods, is in such suit held to constitute infringement and the use of mid 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 at parrs, replace 1hle same with substantially cqusl but noninBinging 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 art trustee for any of the Scllers property or business, this order Mary forthwith be canceled by the Pumhtserwithout liability. - I 16. GOVERNING LAW. The definitions oftem s used tribe interpretation afthr agreement and the rights ofall parties hereunder shall be construed under and governed by the laws ofthe State of Colorado. USA. s The following. Additional Conditions apply only. in cases where the Seller is to perform work hereunder. including the services of Scllers Repmsentativds). on the premises ofothas. 17. SELLERS RESPONSIBILITY. The Seller shall tarry on said work at Seller's own risk until the same is fully completed and accepted, and shall• in case of any accident• destruction or injury to the work and/or materials bdom Seller's final completion and acceptance, complete the work at Sclicr's own expense and to the satisfaction of the Pu¢hasm. When materials and equipment are furnished by others for installation a erection by the Seller. the Sella shall receive, unload. stare and handle same al the site and become responsible therefor as though such materials and/or equipment ware being furnished by the Sella under the order. - 18. INSURANCE. The Sclla shall• at his own expense, provide for the payment of workers compensation, including aavpational 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 lows of the state in which the work is to be done. The Sella shall also carry comprehensive general liability including, bra not limited to, commerical and automobile public liability innounce with bodily injury and death limits of at (cast 5300.000 for any one person, 5500,000 for any one accident and property damage limit per accident of 5400.000. The Seller shall likewise require his contractors, if any, to provide fur such compensation and insurance. Before any of the Scllers or his contractors employees shall do any work upon the premises ofothcrs, the Seller shall famish the Purchaser with a ccnificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such eenificams 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 Sella hereby assumes the entire responsibility and liability fur any and all damage, loss or injury ofany kind or nature m hasoever to persons or property caused by or resulting from the exertion ofthe work provided for in this purchase order or in connection herewith. The Sella will indemnify and hold harmless the Purchaser and any or all of the Pumhascrs 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 propery, to which the Purchaser may be put or subject by reason of any ad, action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers• agents of employees. In cose any suit or other proceedings shall be brought against the Purchaser, err its officers. 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 is or their officers, agents m employees as aforesaid, the Sella hereby ogress to oswarc the defense thereof and to defend the same al the Sellers own expense, to pay any and all toss, charges, atearcys fecs and other expenses. any and all judgments that may be incurred by or obtained against the Purchaser or any of is or their officers. agents or employees in such suits or other proceedings, and in cost judgment or other lien be placed upon or obtained against the property oflhe Purchaser• or said panic in or as a result ofsuch suits or other proceedings, the Sella will at once cause the same to be dissolved and discharged by giving bond or othawisc. The Sella and his contractors shall take all safety precautions, furnish 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 I970 and all rules and regulations issued pursuant thereto. Revised 0312010