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HomeMy WebLinkAbout102747 JAX OUTDOOR GEAR - PURCHASE ORDER - 3212201PURCHASE ORDER PO Number Page City Of 3212201 `t Collinshis number must appear 1�7 on all invoices, packing slips and labels. Date: 01/2312012 Vendor: 102747 JAX OUTDOOR GEAR ATTN: ACCOUNTS RECEIVABLE 1200 N COLLEGE AVE FORT COLLINS Colorado 80524 Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 01/20/2012 Buyer: OPAL DICK Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity UOM Unit Price Extended Ordered Price 2012 Blanket Order Utilities 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 Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com 1 LOT LS 45,000.00 Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terins and Conditions Page 2 of 2 I. COMMERCIALDE,TAILS. Tux exemptions. By statute the City of Fort Collins is exempt fmm state and local mxcs.Our Exemption Number is 11. NONWAIVER. 99-01562, Federal F„seise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the purchaser to insist urym ,trier performance of the terms and conditions hereof. failure or delay to Internal Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 In), exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods 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 wamntics or obligations of this purchase order and shall not he deemed a waiver of any right of the damage in transit. may be rcmmed to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance herd for any of its rights or remedies as to any such geoJs, regardless immuctions fmm the City of Fort Collins. of when shipped. received or accepted, as to any prior or subsequent default hereunder, nor shall any purported om1 mMification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City effort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNM ENT OF ANTITRUST CLAIMS. mnhorized payment no the part of the City of Fort 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 Mall applicable required inspection procedures. violations arc in fact borne by the Pumhnscr. 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 hercaner Freight Terms. Shipments most be F.O.B.. City of Fort Collins, 700 Word St.. Fort Collins, CO 90522, unless acquired under federal or state antitrust Imes for such overcharges relating to the particular goods or services olludwisc 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 enter. 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 Seller to correct nonconforming or defective goods by a date in be agreed neon 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 thcrcallcr indicates its inability or unwillingness to comply, the Purchaser shipments are made form greater distance, may cause the work to be performed by the most expeditions means available to it. and the Seller shall pay all costs w,ocimcd with such work. Permits. Seller shall procure at scllcrs sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subtlivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Scllcr further agrees to hold the Ciw 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, rules and requirements. Authoric Lion. All parties to this contract agree that the representatives are, in fact. bona fide and possess fill and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order exprce ly limits acceptance in 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 pmWwd by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to mrbc on your premised delivery date as noted. Time is ofthe 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 waiver ofthis prevision. 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 not be liable for damages as a result of delays due to rotors not reasonably fortsecable which am beyond its reasonable control and without its fault ofm gl igence, such acts of God. acts of civil or military authorities, governmental priori tics, fires, strikes, flood, of demics, wears or riots pmvidcd 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 del ivcry shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller waainis that all goods, articles, materials and work covered by This order will conform with nppl iiable drawings, specifications, samples and/or 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 nalorc. The Scllcr agrees to hold the purchaser harmless fmm any loss, damage or expense which the Purchaser may.suffer or incur on account of the Sellers breach of wamnty. The Seller shall replace, repair nr make good. without cost to the purchaser, any defects or faults arising within ant (1) year or within such longer period of time as maybe prescribed by law or by the teats ofnay applicable wamnty provided by the Seller after the date of acceptance of the goods furnished hereunder (acecpmnce not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of grads by the Purchaser shall not constitute a waiver orany claim ander this wamnty, Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach army of the foregoing warranties or guarantees, but such liability shall in mescal include Inns of profits or Inc of use. NO IMPLIED WARRANTY OR MERCHANTABILITY CROP FITNESS FOR PURPOSE SHALL APPLY. ,.CHANGES IN LEGALTERMS. The Purchaser may make changes to legal term by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the Terms, other than legal terms, including additions to or deletions fmm the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the mnount due or the time ofperformancc hereunder. an equitable adjusmuent shall he made. 6. TERMINATIONS. The Purchaser may at any time by written change order, teminale this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in Tongues, provided that the Purchaser shall tot be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and chat no such adjustment he made in favor of the Seller with respect to any good., which are the Scllers 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 must be asserted within thirty (30) days fmm the date the change or termination is ordered. R. COMPLIANCE WITH LAW, The Seller wamms that all goods 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 daeumens ns may be required to effect or evidence compliance. All laws and regulations required to he incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless fmm all cults and damages suffered by the Purchaser oe a result M the Sellers failure to comply with such law. 9. ASSIGNM ENT. Neither party shall assign. mnsfer. or convey this order, or any monies due or to become due hereunder Without the prior written consent of the other party. 10. TITLE. The Seller wamnty full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in Performance of this agreement, free and clear of any and all liens. restrictions mscn actions. security interest eneumbmnces and claims of others. The Seller shall release the Purchaser and its contractors of mo, tier From 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 party released and shall extend to the directors. officers a W employees of such party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way. because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to ns any design, device, material or process covered by letter, patent, trademark or copyright, chc 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 cast. expense or damage which it may be obliged to pry by reason ofsuch infringement at any time during the prosecution or after the completion o(the work. In ease .said equipment. or any part thereof or the intended use of the goods, is in such snit held to constitute infringement and the use of said equipment or part is enjoined, The Scllcr shall, at its own expense and at its option, either procure for the Pnrchascr the right to continue using said equipment or parts, replace the same with substantially equal but noninfringing 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 tmstce for any of the S<Ilm. property or business, this order may forthwith be canceled by the Pumhzscr without liability. 16. GOVERNING LAW. The definitions of ems ascd or the inictprceiion ofthe agreement and the rights of all parties hereunder shall be consmmd under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Scllers Represcnhtive(s), on the premises ofothcrs. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shalt. in case crony accident, destruction or injury to the work and/or materials before Seller's final completion and ,acceptance, complete the work at Scllers own expense and to The satisfaction of the Pnrchascr. When materials and cquipmetu are fiimished by others for installation or creclion by the Seller. the Scllcr shall receive. unload. store and handle some ai the site and become responsible therefor as though such mardials and/or equipment were being furnished by the Seller under the order. IS. INSURANCE. The Seller shall, at his own expense pmvide for the payment of workem 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 slate in which the work is to be done. The Seller shall also carry, cmmpehcvsive gcncml liability including, hot not limited to, contractual and automobile public liability insurance with bodily inury and death limits of at least $300J100 for any one person. S500.000 for any one accident and property 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 ofthe Sellers or his contractors employees shall do any work upon the preariscs of others, the Scllcr shall fomish the Pnrchascr 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 eertifientes shall specify the date whco .such compensation and insurance expires. The Seller agrees that such compensation and innnance shall be mainmined until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller herebv assumes the entire mspnnsibiliry and liability for any ,and ,aII damage, loss or injury of any kind or naur, whatsoever to persons or property caused by or resulting fmm the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and ony or all M the Purchasers officers, agents and employees fmm and against any and all claims, losses, damages, charges or cxpcnscs whether direct nr indirect. and whether to persons or property to which the Purchaser may be put or subject by reason of ony net notion, neglect. omission or default on the pan of the Seller, any M his contactors, or any of the Scllers or con", tlors officers, agents or employees. In case any suit or other pmcectlings shall be brought against the Purchaser, or its oticcrs, agents or employees at any time on account or by reason of ony act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers. agents or employees ne aforesaid, the Scllet hereby agrees to assume the defense tocrenf and to defend the same at the Sellers 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 officers. agents or employees in such suits or other proceedings. and in ease judgment or other lien be placed upon or obtained against the property ofthe Pnrchascr, or said parties in or as a resuh of such suits or other proceedings. the Seller will at once cause the same to be dissolved and discharged by giving bond orothem'isc. The Seller and his contractors shall take all safety precautions, famish and install all guards necessary for the pmvention of accidents, comply with all Imes and regulations with regard to sxety including. but without limitation. the Occupational Safety and Health Act of 1970 and all mles and regulations issued pursuant therein. Revised 03/2610