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HomeMy WebLinkAbout102747 JAX OUTDOOR GEAR - PURCHASE ORDER - 9121536PURCHASE ORDER PO Number Page City Of 9121536 1 of z ' `t Collins This number must appear 1 1 on all invoices, packing slips and labels. Date: 03/14/2012 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: 03/14/2012 Buyer: ZOPAL DICK Note: / Line Description Quantity UOM Unit,Price Extended Ordered i Price CLOTHING SUPPLY 1 LOT LS / 2,000.00 134846 / 2 CLOTHING SUPPLY 134846 3 CLOTHING SUPPLY 134846 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 2,000.00 1 LOT LS Total Invoice Address 1,704.71 704.71 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Ordcr Tenns and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fot Collins is exempt from state and rival Lac, Our Exemption Number is 11. NONWAIVER. 05-04502, Federal fxeise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist open strict Performance of the terms and Condition, becoC faihrre or delay to Intcond Revenae, Denver. Colorado (Ref. Colnndo Revised Statutes 1973. Chapter 39-26. 114 (n). cxcmisc my rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the accep6 nce ofor 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 defects of any of the warranties or obligations of this purchase order and shall onl he decreed a waiver of any right Of the damage in transit, may be returned to you for credit and arc not to be replaced except open receipt of written porchrscr to insist upon strict performance herenforany ofit, rights or remedies as to any such goods, regardless instructions fire. the Cityef Fon Collins, of when shipped, reccived or accepted, is to any prior or subsequent default hereunder. nor shall any purported anal ...Mifieation or rescission of this purchase order by the Pamhnser operate as a waiver of any of the terms Inspection. GOODS am subject to the City of Fort Collins inspection on mineral. hercoC Final Acceptance Receipt of the merchandise. services or equipment in response to his order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. muhorized payment on the pod 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 npnn completion ofall applicable required inspection procedures. violations arc in fact barn, by the Purchnwr. Therewforc, for good cause and as consideration for executing this purchacc order, the Seller hereby ncsigns in the Purchaser any and all claims it may now have Or hcreafiCr Freight Terns. Shipments must be F.O.H., City of Fort Collins. 700 Wood St.. Fort Collins, CO 90522. unless required under federal or state unionist laws for such overcharges relating to fire particular goods or .sen'iecs otherwise specified no this order. If pemi„ion is given to prepay freight and charge separately, the original freight purcleoed cr acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not he accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance When rnanofacmrers have distributing points in various pans of the countryshipment is tribe Purchaser direct, the Seller to correct nonconforming or defeetirc goods by a date to be agreed upon by the expected from the nearest distribution point in destination, and excess freight will be deducted from invoice when Purchaser and the Scllcr, and the Seller thererfrer indicates its inability or on villimmec to comply. the Purchaser shipments are made from greater distance. may cause the work to be performed by the most cspeditious means available to it and the Scllcr .shall pay all cents associated with such work. Permits. Seller shall pmeure at sellers sole cost all necessary permits, certificates and licence% required by all applicable laws. regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is performed, or required by anv other duly constituted public authority having jurisdiction over the work of vendor. Seller farther agrees to hold the City of Fen Collins harmless from and against ell liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulation,, ordinances, odes and requirements, Authorization. All parties to this contract agree that the represcruatiecs are. in fact, bona rule and possess fall and complete authonh to bind said parties. LIMITATION OF TERMS. This purchase Order expressly limits acttptanee In the Isms and Conditions stated herein set forth and any supplementary or additional mats and conditions annexed hereto or incorporated herein by reference Any additional ordifferenl terms and conditions pmpnud by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT imncdiatcle if you cannot make complete shipment to arrive on your promised deliver, date as noted. Time is office essence. Delivery and performance must be erected within the time ,dared 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 of this prevision. In the event of anv delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option of discing this order elsewhere and holding the Seller liable for damages Howvvcr. the Seller shall not he liable for damages ns a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control sad without is fault of negligence. such act, of God, acts ofcivil or militaryn rhoritia, governmental priorities, fires, strikes. Bond, epidemics, wars or tint provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller Frost received know, ledge thereof. In the event crony such delay. the date of delivery shall be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller wamnts that all gads, articles, materials and work covered by this order will conform with applicable drawings, specifications, cripples and/or other descriptions given, will be ft for the pnrposcs intended, and performed with the highest degree of cure and competence in accordance with accepted standards for work of a similar nature. The Seller agree., to hold the parchnser harmless from any 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 grad, withont cost to the purchaser, any defects or faults arising within one (1) ve r or ws'ithin such longer period of time as may he prescribed by tauor by'the Isms firmly applicable wamnty provided by the Scllcr ater the date of acceptance Critic goods famished hncunder (acceptance tint 10 be unreasonably delayc4 resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of gmds by the Purchaser shall nor constitute a waiver ofany claim under this warn city. Exeepl a, cthcnvisc Provided in chi, purchase older, the Sellers liability hereunder shall extend a all damages proximately caused by the breach of any Of the foregoing wamntie, or guarnntces, bur such liability shall in an event include Inc ofpmlifs or loss of use. NO IMPLIED WARRANTY OR .MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser mov make changes to legal reins by written change older. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms. other than legal term,, including addilions to or deletions fresh the i nor ritics originally ordered in the specifications or drawings, by verbal or w ninco change order. If any such change affects the amount due or the time of perfomancc hereunder. an equitable adjustment shall he made. 6. TERMINATIONS. The Purchaser may at any lime by written change enter. terminate this agreement as to any or NI fractions of the grads then not shipped. subject to uny equitable adjus n cat between the panics as to any conk or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated pmfts on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such edjunment be made in favor of the Seller with respect to any goods which am the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller crany oFtheir obligations as to any goods delivered hereunder, 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (36) days from the date the change or termination is rmlcrcd. R. COMPLIANCE WITH LAW. The Seller n'amnrs 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 good are subject. The Seller shall execute and deliver such dmu.ents 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 Purchnwr i s a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer. or convey this order, or any ninnies due or to become due hereunder without the poor written consent of the other party, 10. TITLE, The Seller wamnts fill, clear and unrestricted title to the Purchaser for all equipment, annelids. and items furnished in performance of this agreement free and clear of any and all liens, restrictions. rescn'rtions, scanty interest encumbrances and claims of nthcm. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims array nntwc resulting from the performance of such work. This release shrill apply even in the cvcut of fault of negligence of the party released and shall extend to the directors, officers and employees of such party. The Seller's contractual obligations, including wa enty, 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 use any design, device, material or process covered by Icier, patent, trademark Or copyright. the Seller shall indemnify and so'c harmless the Purchaser from any and all claims for infringement by reason Of the ass of such patented design, device, material or pmeess in connection with the contract, and shall indemnify the Purchaser fear any cost, expense ar damage which it may be obliged to pay by nnson of,uch infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any part thereof or the intended vac of the goods, is in such suit held to constitute infringcmcat and the ace of said equipment or part is enjoined, the Seller shall, at its own expense and at its option. tither procure for the Parchuser the right to continue using said equipment or parts, replace the came with substantially equal but anninfringing 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 Sellers property or business. this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The do f.. tion.s oftems used or the intmp o tion ofthe agreement and the rights ofall panics hereunder shall be eonstmcd under and governed by the laws ofthc State of Colomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Sellers Rcprescatnlive(s). on the premises of Othcm. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Shce(s own ask until the same is fully completed and accepted, and shall. in cast of any accident. destruction Or injury to the work and/or materials before Scllcrs final completion and .acceptance, complete the conk at Seller's own expense and to the satisfaction of the Purchaser. When materials and equip ... cut are finished by others for installation or cr¢ction by the Seller, the Seller shall receive, unload, store and handle same at the life and become responsible therclnr as though such materials and/ear equipment were being furnished by the Seller ender the order. IA. 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. copper to their dependents in accordance with the laws ofthe state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contenclual and antnmot+ile public liability insmnnce with bodily injury and death limits of am Icon S300,000 for any one person. S5ninf oon for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his ennuacton, irony, to provide for such compensation and insurance. Before my of the Sellers or his contractors employees shall do any work upon the premises crochets. the Scllcr shall furnish the Purchaser with a certificate that such cnmpcusalim 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 Scllcr agrees that such compensation and insurance shall be maintained moil a0cr the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for uny and all damage. Ins, of injury array kind or nature whatsoever to Persons or property erased by or resulting from the execution offhe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Porchuscr and any or ell of lire Purchases officers, agent .and employees front and against any and all claims, losses, damrgcs, Charges or expenses. whether direct or indirect. and whether to persons or property to which the Purchaser may be For or snhicet by reason of any net, action, neglect emission or default on the pot of the Scllcr, any of his contractors, Or any of the Sellers or contractor, offices, agents or employees. In case any sail Or other proceedings ,hall be brought against the Purchaser, or its offecrs, agcns or employees at any time ran account or by reason of any act, action, neglect, omission or default of the Seller array of his Contmdors or any of its or their effects, agcns or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the wam at the Seller, own expense, to pay any and all costs, charges, atomcys 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 case judgment or other lien he placed upon or oblaincd against the property of the Pumhuser, or said parties in or as a result ofsuch suits or other proceedings. the Scllcr will at once cause the same to he dissolved and discharged by giving bond or otherwise. The Seller and his contractors .shall lake all safely precautions, furnish and install all guards imee,crry for the prevention of accidents, comply with all laws and regulations with regard In safety including, but without limitation. the Occnpmfnnnl Snkty and Health Act of 1970 rod all rules rod regulations issued pursuant thereto. Rcviscd 03/2010