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HomeMy WebLinkAbout445620 SAI NORTH / BLUEGROOVE INC - PURCHASE ORDER - 9122216Fort Collins PURCHASE ORDER Collins Date: 04/18/2012 Vendor: 445620 SAI NORTH I BLUEGROOVE INC 6844 NORTH FRANKLIN AVE LOVELAND Colorado 80538 PO Number Page 9122216 1of2 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: 04/17/2012 Buyer: ED BONNETTE Note: PER INVOICE #42202 DATED 4/13/12. Line Description Quantity UOM Unit Price Extended (ordered Price 178 NBA Jerseys Youth / 1 LOT LS 2,778.00 2 120 WNBA Jerseys Youth / 1 LOT LS 3 89 NBA Jerseys Adult / 1 LOT LS 4 65 WNBA Jerseys Adult 1 LOT LS 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 1,776.00 1,401.75 1,248.00 Total $7,203.75 Invoice Address City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Temis and Conditions Page 2 of 2 L COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt form internal local taxes. Our Exemption Numbcr is 98-04502. Federal Excise Tax Exemption Certificate of Registry 946000587 is registered with the Collector of internal Relegate, Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39 26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to coed specifications, either when shipped or due In defects of damage in transit, may be returned to you for credit and arc not to be replaced except upon receipt of written instructions from the City of Port Collins. Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Failure Of the Purchaser to insist upon strict performance of the Isms and conditions hereof. failure or delay to exercise any rights or remedies provided herein or by law, failure In promptly notify the Seller in the event of a breach, the accepancc of or payment for goods hereunder or approval of the design. shall not release the Seller of any of the w'ammics or Obligation, of this purchase order and shall not he dmnicd a waiver of any right of the purchaser to insist upon strict perforaance hercofor any of its rights or remedies as to any such goods, regmdless of when shipped. received at accepted, as to any prior or subsequent default hereunder, nor shall any purpogel and modification gar rceci,ina of this purchase order by the Purchnscr operate as a waiver army O]'the terms hereof. Final Acceptance. Receipt of the merchandise. services or equipment in response In this Order can result in 12. ASSIGNMfNT OF ANTITRUST CLAIMS. authorized payment on the pan of the City Of Fog Collins. Howcver. it is to he understand that FINAL Seller and the Purchnscr recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact horn, by the Purchnscr. Theretofore, far 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. Shipment must be F.O.B., City of Fag Collins. 7110 Woad St., Fan Collins, CO 90522. unless acquired andcr federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased m acquired by the Purchaser pursuant to this purchase enter. bill must accompany invoice Additional charges for picking will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where mansetaeturca have distributing points in s:arinus pans of the country, shipment is If the Purchaser directs the Seller In correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest dishibution point to detonating, and ,secs. freight will be deducted fmm Invoice when Pnrchascr and rile Seller, and the Seller flhercafter indicates its inability or unwillingness to comply. the Purchaser shipments arc made from greater distance. may cause the work to be perfomed by the most expeditions means available to it, and the Seller shall pay all cost associated ailh such work. Permits. Seller shall procure at sellers sale crust all necessary permit, certificates and licenses required by all applicable lass, regulations, ordinances and mlec of the state, municipality, territory or political suhdivision where the work is perfomod, or required by any other duly constituted public authority having poiulicllon over the work of vendor. Seller further agrees to hold the City of Fog Collins harmless fmm and again,, all lin olity ,gad Ins, incurred by them by reason of ran asscrod or established violation crony such laws, regulations, nnlinnncs, gales and requirements. Autherontion. All parties to this contract agree that the representatives are, in (tact. bona fide and possess full and complete authority to bind yid parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the Icmt and conditions stated herein set forth and any supplementary ai additional tens and conditions annexed hercm or incorporated herein by rcfcrcncc. Any additional gar di Rcrcnt Icmt and conditions proposed by scllcrare 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 afthe essence. Delivery and performance must be effected within the time stated on the purchase andcr and the doeun¢nts attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial Into deliveries shall operate as a waiver of this provision. In the oenl array delay, the Purchaser shall have, m addition to other legal and egninblc remedies, the option of placing Ibis order elsewhere and holding the Seller liable for damages However, the Seller shall not be liable for danagcs as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and wilhon, its fault at negligence, such acts of Gad, acts ofcivil or military authorities, governmental priorities, fires strikes nood, epidemics stairs or riots provided that notice of the conditions causing such delay is given to the Purchaser within rive (5) days of the time when the Seller first received knww lcd c thereof. In the event of any such delay, the dale of delivery shall be extended for the period equal to the time actually last by reason of the delay. 3. WARRANTY. The Seller simmers that all Cards, articles, materials and work covered by this under will conform with applicable dmwings, specifications, samples and/or other description, given, still 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 man any Ina, damage or expense which the Purchaser may suffer or incur on account of the Scllcrs breach of wamnty. The Scllcr shall replace, repair or make goad. wibaW cost to the purchaser, any defects or faults arising within one (1) year or within such longer period Of time as may he prescribed by law or by the term, of any applicable warranty provided by the Seller after the date of acceptance of the goods furnished hcrcandcr (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by life Purchuser shall not constitute a waiver of any claim under this nnmmy. Except as otherwise provided in this purchase Order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of cony of the foregoing wamnlies or guarantees, but such liability shall in no event include loss of porfits Or loc of use. NO IMPLIED WARRANTY ORMERCHANTABILITY OR OF FrfNISS FOR PURPOSE SHALL APPLY. J. CHANGES IN LEGAL TERMS. The Purchaser cony make changes to legal tcmu by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal term. including additions to or deletions fmm the quantities originally ordered in the specifications or drawings, by verbal Or written change Order. H any such change affects the amount due or the time ofperfomrance hereunder, an equitable adjustment shall be made. h. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the panics as to any work or namrials then in progress provided that the Purchaser shall not be liable for any claims for anticipated preihs on the ancontplemd portion of the goods and/or work, for incidental or consequential damages, and that no such ajustman be made in favor of the Seller with respect to tiny pads which arc the Scllcrs standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any gait dclo ,red hcrcandcr. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asseged within thirty (30) days fmm the date the change or encouraging is ordered. S. COMPLIANCE WITH LAW. The Seller wamnty 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 gods are serial. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporaed in agreements of this character arc hereby inenrpented herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless fmm 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 Onter, or any monies due rate become line hereunder without the print written consent of the other party. 10. TITLE. The Seller smmnts full, clear and unrestricted title to the Purchaser for all equipment, materials, and items tbmished in performance of this agreement. free and clear of any and all liens, restrictions, resen-minus security interest encumbrances and claims of others. The Seller .shall release the Purchaser and its contractors of any net 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 In the directors, officers and employees of such party. The Sella's eomnctunl obligations, including warranty, shall not be domed to be reduced, in any w,y, becanse such work is performed or caused to he performed by the Purchaser. 14. PATENTS. Whence, the Seller is required to use any resin. 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 rcamn 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 none be obliged to pay by reason of sach infringement at any time during the prosecution or alter the completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in s¢h snit held to constitute infringement and the use of said equipment or part is enjoined, life Seller shall. at its evil expense and at its option, either procure for the Purela,er the right In continue using said egnipmcnt Or pits replace the same with substantially copal bill noninfringing cgnilu not, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or hardmpt make an assignment for the benefit of creditem. appoint a rcc,ivcr ar tmstcc for any of the Sellers property or business, this order may fonhaith be canceled by the Purchase, without liahility. Ib. GOVERNING LAW. The definitions oftemts used or the interpretation ofthe agreement and the rights efull panics hereunder shall be constroed under and governed by the laws ofthc State of Colendo. USA. The following Additional Conditions apply only in cases where the Seller is to perfomt work hereunder, including the services of Sellers Rcorescntalive(s), on the premises ofedicts. 17. SELLERS RESPONSIBILITY. The Scllcr shall carry ran said work at Seller's own rick until the came is fully completed and accepted noel shall, in case of any accident, destruction or injury to the work tailor mmcrial% before Seller's Final completion fall acceptance, complete the work at Seller's own expense and to the .satisfaction of the Purchaser. When mammals and equipment erre Noodled by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle site,, at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. IS. INSURANCE. The Seller shall, al his own cxpensc, provide for the payment of workers compensation, including occupational disease benefits. in it employees employed on or in enameling with the work covered by this purchase order. anchor to their dependents in accordance with the Inns of the state in which the work is to be done. The Seller shall also carry etmprchensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at ]cast S300.MG for any one person. S500.000 for any one accident and property damage limit per accident of S40000. The Seller shall likewise require his contractors, if any, m pmvide for such compensation and insurance. Before any Of the Sellers or his cnnuactors employees shall do any work upon the premises of others the Seller shall furnish the Purchaser with a certificate that such contmosmom and insurance have been provided. Such eenificates shall specify the date when such contpcnmtinn and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires The Seller agrees that such compensation and insurance shall be maintained until nPvr the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGF_S. The Seller henhv assume., the entire responsibility and liability for any and all damage, loss or injury army kind at nature whatsoever to peons or popern' caused by or resulting fmm the execution fthe and, provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Purchasers of icm,. agents and employees form and against any and all claims losses, damages, charges or expenses. whether direct or indirect, and whether to persons or pnrp ro, to which the Purchaser only he put or subject by reason of any act, action. neglect, emission or default on the part of the Seller, any of his contactors, or any of the Sellers or contractors officers. agents or employees. In case any suit or other proceedings shall be brought against the Purchaser. or 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 its or their ORce,, ngeds at employees as aforesaid, the Scllcr hereby agrees to asanmc the defense thereof roll to defend the sari, gal the Sellers own expense, to pay any and all costs, charges attorneys fees and Other expenses, any and all judgment 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 againsl the property of the Purchaser, or said parties in or as a result ofsuch suits or other proceedings. the Seller will at come cr,c the same In be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take gall safety Precautions, famish and install all guards necessary for the prevcntino 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 ndcs and regulations issued pursuant thereto. Revised 03/2010