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HomeMy WebLinkAbout500859 RIDDELL ALL-AMERICAN USA - PURCHASE ORDER - 9122529City of art Collins Date: 04/30/2012 PURCHASE ORDER PO Number Page 9122529 1 of 2 This number must appear on all invoices, packing slips and labels. Vendor: 500859 Ship To: PARK MAINTENANCE RIDDELL ALL-AMERICAN USA CITY OF FORT COLLINS 669 SUGAR LN 413 S BRYAN ELYRIA Ohio 44035 FORT COLLINS Colorado 80521 Delivery Date: 04/30/2012 Buyer: ED BONNETTE Note: Line Description Quantity Ordered UOM Unit Price Extended Price 1 100 Football Helmet Attack 1 LOT LS 7,000.00 2 10 Football Helmet Edge 1 LOT LS 850.00 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 Total $7.850.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchasc Ordcr Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Teas exemptions. By statute the City of Fort Collins is exempt From state and meal taxes. Our Exemption Number is 11. NONR'AIVER. 95-01502. Federal Excise Tax F=mption Cenifieate of Registry 54-6000557 is registered with the Collector of FnRore ofthe Purchaser to insist upon strict performance of the terns and conditions hereof, failure or delay ,n Internal Revenue, Denver. Colorado (Ref: Colando Revised Statutes 1973. Chapter 30- 26, 1 14 (a), exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the mrnt 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 Lailum to meet specifications, cicher when shipped or due to defects of any of the onm[uies or obligations of this purchase order and shall not be deemed a waiver of anv right of the damage in transit, may be returned to you for credit and am fin, to be replaced except upon receipt of wruten Purchaser to insist upon strict performance hereof or any of its rights or remedies as to any cosh goods, regardless instmetions from the Cit_v of Fort Collins, of when shipped, received or accepted, as to any prior or subs. gncnt default hereunder, nor shall any purpnrtM find modification or rescis, ion of Ili is purchase order by the Purchaser npemte as a waiver of any of the terms 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 m this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized paymcm on the part of the City of Fort Collins. However, it is to he nmdcrstood that FINAL Seller and the Purchnscr recognize that in actual economic practice. overcharges resulting from antitmst ACCEPTANCE is dcpcndcnt upon completion ofall applicable required inspection procedures. violations arc in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase ender, the Seller hereby assigns to the Purchaser any and all claims it ma)now have or hereafter Freight Timms. Shipments must be F.O.B.. City of Tom Collins. 700 R'oed St.. Fort Collins, CO 90522. unless acquired under federal or state antitrust laws for such overcharges miming to the particular goods or services othmvise specified on this order. If gamic ion is given to pmpay freight and charge separately, the original freight purchased fir nequirM by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional chargees for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans of the country. shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to he 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 thereafter indicates its inability or unwillingness to comply, the Purchaser shipm ors arc made from greater distance. may cause the work to be performed by the most evpedidrnrt means available to it sad the Seller shall pay all cots a5anciamd w'Ith such work. Permits. Seller shall procure at sellers sole crest all necessary Permits. ccr ifcates and licenses required by all applicable laws, regulations. ordinances and mles 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 father agrees to hold the City of Fort Collins harmless from and against all liability and loss insured by them by reason of an asserted or established vinlation of any such laws, regulations, nminanees, rules and rcgnircmcros. Authoriv tion. All parties to this contract agree chat the representatives are. in fact, bona fide and possess full and complete anhority'to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance In the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hcrcin or incorporated hcrcin by reference Any additional or different terms and conditions proposed by seller are objected to and hereby miected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is ofthe essence. Deliver' and performance must he effected within the time stated on the purchase order and the doconmms touched hereto. No acts of the Purchasers including, without limitation, acccpnnec of parlial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchnscr shall have, in addition to other legal and equitable remedies, the option of plscing this order elsewhere and holding the Seller liable for damages. llowrs'cr, the Seller shall not be liable for damages ;is a result of delays due to causes net reasonably foreseeable which arc beyond its reasonable control and , tho l it fault ofnegligcmc. such acts ofGod. acts ofeivil or military authorities go'emmcntal priorities, rims, strikes. Bond, epidemic, wars or riots provided that notice of the conditions causing such delay is given to the Purchnscr within five (5) days of the time when the Seller first received knovlatgc thereof. In the event of any such delay, the date of delivery shall be exicndcd for the period equal to the time actually lost by reason oflhc delay. 3.WARRANTY. The Sella warrants that all good, orticles, nmtcrinls and work covered by this enter will confirm with applicable drawings, specifications, samples and/or other descriptions given, will he 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 nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on recount of the Sellers breach of wmmmy. The Seller shall replace, repair or make good. without cos, to the purchaser, any defects or faults arising within one (1) year or within such longer Period of time is may be prescribed by Inv or by the terms ofnny applicable wmmmy provided by life Seller after the date of acceptance of the goods furnished hernmder (.acceptance not to be unreasonably dclayah, resulting from imperfect or defective work done or materials fiimished by the Seller. Acceptance or use of goods by the Pambrsn'shop not constitute a waiver ofnny claim under this mammy. Eseept as otherwise Provided in this purchase order, the Sencra liability hereunder shall estend to all damages proximately caused by the breach of any nf,he foregoing waromatic, or guarantees but such liability shall in no event include loss ofpmfits or loss ofuse. NO IMPLIED WARRANT Y OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANCES IN LEGAL TERMS. The Purchase may make changes to legal terms by written change order. 5. CHANCES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or dcleioa, from the qum itie, originally nrdercd in the specifications or drawings. by verbal or written change order. If any such change affects the amount due or the time ofperformance hereunder, an equitable adjustment shall he made. 6. TERM [NATIONS. 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 cgmIrblc adjustmem between the panics is to any work or materials then in progress pmvidcd that the Purchaser shall not he liable for any claims for anticipemd profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment he made in favor of the Seller with respect to any guods which roc the Sellers standard stock. No such termination shall rcli,e the Purchaser or the Seller ofnny oftheir obligations as many goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adintmcnt must be amcned within thirty (30) days from the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all gmd, sold hcmundcr shall have been produced. sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the good arc subject The Seller shall execute and deliver such documents as may be required to effect or evidence compliance All laws and regulations required in be incorporated in agreements of this character fre hereby incorporated herein by this reference The Seller agrees to indemnify and hold the Purchaser harmless from 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, tmnsfcr, or convey this order. or any monies due or to become due hereunder without the prior wrinen consent niche other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all cquipmcnt, materials, and items fumishcd in perfomanm of this agreement, free and clear of any and all liens, restrictions, reservations, security interest eneumbnnees and claims of others. The Seller shall rcicasc the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance of such work. This rcicasc shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officersand employees ofsuch party. The Seller's contractual obligations, including warranty. shall not be deemed to be reduced. in any way. bmausc such work is performed or caused to he perffired by the Pamhascr. 14. PATENTS. Whenever the Seller is required to use any design. device, material or proem coyest by Ictter, patent, mdentark or copyright the Seller shall indemnify and save harmless the PoMhaser from any and all claims for infringcmcn, by reason of the use of -such patented design. deice. material or process in connection with the contract, and shall indemnify the Purchaser for any cost. expense or damage which it maybe obliged to pay by reason of such infringement at any time during the prosecution or after the completion o(the work. In case said cquipnenl, or any part thereof or the intended use of the goods, is in such snit held to constitute infringement and the use of said cquipmcnt or pan is enjoined. the Seller shall, at its own expense and at its option. either procure for the Purchnscr the right to continue using said equipment or pans, replace the same with substantially equal but nnninfringing equipment. minority it so it becomes noninfringing. 15, INSOLVENCY. If the Seller shall become insolvent or bankrupt make an assignment for the bench of creditors, appoint a receiver or torsace, for any of the Sellers property or business, this order may fart 'roll he canceled by the Purchnscr without liability, 16. GOVERNING LAW. 'rhe definition, of,crms used or the interpretation ofthe agreement and the rights of ill parties hereunder shall be cnnsimal under mad governed by the laws of,he State of Col.mdn. USA. The following Additional Conditions apply only in casts where the Seller is to perfom work herctmder, including the services MSellcrs Rcpmsentntivc(s), oa the premises of o0ers. 17, SELLERS RESPONSIBILITY. The Seller shall cloy on said work at Seller', mvn risk until the same is filly completed and accepted, and shall. in case of any accident. damntion fir injury to the work mad/or materials before Seller', final completion and 'acceptance, complete the work at Seller', own cspcn,c and to the srtisfnction of the Purchnscr. When mntcrinls nod equipment arc furnished by others for installation or erection by the Seller, the Scllcr shrill receive unload. store and handle same at the site and become responsible therefor as though such mntcrinls and/or equipment were being furnished by the Seller under the order. IS. INSURANCE. The Seller shall, at his own cspcmc, provide fro the payment of workers mmpeasa[ion, including occupmioel disease benefits, to its employees employed on or in connection with the work covered by this purchase order. and/fir to their dependents in accordance with the laws of the state in which the work is to he done: life Seller shall also carry comprehensive general liability including. but not limited to, contractual rand automobile public liability insoomme with bri ily injury and death limits of at (cast S300,000 foranv one person. S500.000 for any one accident and property damage limit per accident of S400,000. The Seller shall likemisc require his contractors. if any, to provide for such compensation and insurance, Before any of the Sellers or his contractors employees shall do any wail, upon the premises of others, the Seller shall furnish the Purchaser with a certificate that such compensation and insurance ham been pm'ided. Such ccrtificatcs sholl specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and iremmnm expires. The Seller agrees that such compensation and insi m ucc shall he maintained tmtil after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby asavmes the entire responsibility and liability for any and all damage, loss or injury ofnny kind or nature whatsoever to persons or property caused by or resulting from the cxecutien of do, work prtwidcd for in this purchase onler or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers 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 properly to which the Purchaser may be put fir subject by reason of any act action, neglect. omission or default on the pan of the Seller, any of his contractors, or any of the Scllcrs or commons ofiners. 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 moron of any act, action, neglect, omission or default of the Scllcr of any of -his contractors or any of its or their oRccrs, agent, or employees is aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same it the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be inmumd by or obtained against the Pumhascr 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 obtained against the property fifth, Purchaser. or said panics in or as a result of such suits or other 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 sdery precautions, famish 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 1970 and all mlcs and regulations issued pnrxnnot thcmfa. Revised 0312010