HomeMy WebLinkAbout534137 COMMERCIAL FITNESS SOLUTIONS INC - PURCHASE ORDER - 9140748PO
PURCHASE ORDER 914074er Page
�.I�/ of PURCHASE
9140748 1012
C6rt Chis number must packing
1�_`J-' Collins' t on all invoices, packing
sli s and labels.
Date: 02/27/2014
Vendor: 534137
COMMERCIAL FITNESS SOLUTIONS INC
KEN GREENBERG
12386 N DUMONT WAY
LITTLETON CO 80125
Ship To: OPERATIONS SERVICES
CITY OF FORT COLLINS
300 Laporte Avenue
Building B
FORT COLLINS CO 80521
Delivery Date: 01/31/2014 Buver: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
2 CHANGE ORDER 1
upgrade to XCS900 E Elliptical
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by Gerry S. Paul
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 EA
750.00
Total
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
Page 2 of 2
1. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fon Collins is exempt from state and local taxes. Our Exemption Number is
98-0,502. Federal Excise Tax Exemption Califwte of Registry 84-6000587 is se island with the Collector of
Internal Revenue, Denver, Colombo(Ref. Colorado Revised Statutes 1923, Chapter 39 26, 114 (a).
Goads Rejected. GOODS REJECTED due to failure m meets imiBarium, either when shipped or due to defects of
damage in coming, may he returned to You for credit and are not to be, replaced except upon receipt of warm
motorboats from the City afford Collins.
Inspection. GOODS are subject to the City of Fon Collins inspection on arrival.
Final Acceptance. Receipt of the merchandise, semces or Wapment in response to this order can result in
malunmd payment as the part of the City of Fort Collins. [Immeer, it is to be understood then FINAL
ACCEPTANCE is dependent upon completion craft applicable "iic l impaction procedures.
Freight Terms. Shipments most b, F.O.B., City of Pon Collins. In0 Wood St., Pon Collins, CO 80522, unless
otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight
bill must accompany invoice. Additional charges for packing will nor be accepted.
Shipment Instance. Where manufacturers have disinbuting points in us pans of the country, shipment is
expected from the nearest distribution point to destination, and excess freight will he deducted from Invoice when
shipments are nude from greater distance.
Pemaits. Seller shalt procure at sellers sole Curl aft n¢asary pemtits, certificates and licemes required by all
applicable laws, nVotiom, ordinances and rates of the slam, municipaloy, remarry or political subdivision where
the work is performed, or require ] by any other duty co.dtured public authority having jurisdiction over the work
.f vend.,. Sella fimber agrees m hold the City of Fort Collins harmless from and against all liability and lass
incurred by them by reason of an weated or established violation of any atch laws, regnlium s, ordinances, mles
and yuiremenls.
Authoriestion. All parties to this contract apace fast the representatives art, in fact, bona ride and possess full and
complete authority to bind said ponies.
LIMITATION OF PERMS. This Purcha, Order expressly limits acceptance to the temp had modifiorst stated
herein set forth and any supplementary or ank ilional terms and conditions annexed hereto or incorporated herein by
reference. Any adliliunal or different terms and conditions proposed by seller are objected to and hereby injected
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyuu cannot make complete shipment to arrive on your
promised delivery d to as noted. Time is i f the essence. Delivery end performance must be ethical within the time
sated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
limitation, mveptanm of partial late deliveries, shall operate ss a waiver of this provision. In the event of any delay,
the Purchaser shall have, in addition to other legal and amorble remedies, the When of placing this order ficad am
and holding the Seller liable for damages. However, the Seller shall not be, liable for damages as a result of delays
due an causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence,
such acts of God, acts ofeivil or military authorities governmental generates, tees, stokes, need, epidemics, wars or
rims provided font 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 delivery shall be
extended for the pened Weal to the time wholly lost by reason of the delay.
3. WARRANTY.
The Seller warrants that all good, articles, maven , and work covered by this order will conform with applicable
drawings, specifications, samples Yorker other descriptions given, will be fit for the purposes intended, and
perfumed with the highest degree of care and competence in accordance with accepted standards for work of a
imilar nalura. 'late Seller agrees to hold fife pumhaser harmlew From any loss, damage or expense which the
Pumhaser may suffer or incur on account of the Sellers breach of wamdnry. The Seller shall replace, repair or make
good, without cost to the purehu e, any defects or faults arising within one (1) year or within such longer penal of
time as may be Inessential by law an by the terms of my applicable warranty provided by the Seller after the dam of
screpance Of the goods famished hereunder (acceptance rat to be unreasonably delayed), moulting from imperfect
or defective work done or materials Famished by the Seller. Acceptance or use of goods by the Pucbaser shall col
constitute a waiver of my claim under this wananry. Except as otherwise provided in this purchase order, the Sellers
holiday hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties
or guarantees, bur such liability shall in no event include loss ofprofits or loss of use. NO IMPLIED WARRANTY
OR MERCHANT ABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may rnake changes to legal terms by whom change and,
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other than legal corms, including additions to or deletions frcm
the goantit,es originally ordered in the spaffic stiom or drawings, by verbal or written change order. If any such
change affects the nament doe or the dine of perfrmane. hereunder, an equitable ad, uslmenl hall be made.
6. TERAINATIONS,
The Purchaser may at any time by written change order, terminate this agreement as to any or all portio. of the
good then not shipped, subject to any stumble adjwment between the parties ss to any work or materials then in
progress provided that the Pnmhamer shall not be liable far any claims f anticipated profits on the uncompleted
portion of the goods ankor work, for incidental or mmex,mon.l damages, and tha, You such adjustmcn, be made in
favor of the Seller with per, ro any goods which are the Sellers tandatd stork. No such language. shall relieve
the purchaser or the Seller ofany of their obligations is to any goods delivered hereunder.
9. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be asserted within thirty (30) days fmm the dam the change or nomination is
ordered.
8. COMPLIANCE WITH LAW,
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and Famished in strict
compliance with all applicable laws and regulation to which the goods are subject. The Seller shall execute and
deliver such documents. may be required to effect or evidence compliance. All laws and regulations merited to be
ncor,mared in agreements of his chemcter are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless from all casts and damages suffered by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall cosign, transfer, or convey this order, or any monim due or to become due hereander without the
prior mumn consent o'the other parry.
10. TITLE.
The Seller warrants full, clear and wremided title to the Purchaser for all equipment, materials, and items furnished
in pert a of this agreement, free and clear of my and all line, resnidlom, rnmatio., security interest
rncumbraores and claims of.dows.
11. NON WAIVER.
Failure of the Purchaser f0 insist upon strict performance, of the terms and conditions hereof, failure or delay to
exercise any rights m remedies provided herein or by law, failure to promptly notify the Seller in the event of a
breach, the acrepo nse ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of
any of rate warranties or obligations of this purchase, order and shall not Ee deemed a waiver of any right of the
purchaser to insist upon strict performance hero for any of its rights or remedies as m any such grads, regardless
of when shipped, mewed or accepted, is to any prior or subsequent default having rim shall any puryorted
am] modification ., rescission of this Purchase order by the Puabaser opemm as a waiver ofany of the tarn
hereof
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchase( m ogNss nor in actual tt is ctice, o erchmes gresulting fur oandiws,
violations arc in fact home by the Purchaser. Toomfore,nfoopragood cause and re comideration for exemting this
purchase order, the Seller hereby assign to the Purchmcr any and all claims it may now have or hereafter
enquired ander federal ar atom antitrmt laws for such oemilearges relming to the Particular good or services
purchased or acquired by fate Purchaser pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to correct nonconforming ar defective goods by a date m be agreed upon by the
Purchaser and the Sellev and the Seller fa afer indicates its mobility a unwillingness Io comply, the Purchaser
may cause the work to he performed by the most expeditious mean mailable to it, and the Sella shall pay all
casts avacuted with such work.
The Seller shall relrom the Purchaser brad its contractors of any tiff from all liability and claims of any w am
washing from the pert rman- of such work.
This release shall apply even in the went of fault of negligence of the party released and shall extend m the
dralms, opium send employees of such any.
The Seller's contractual obligation, including waoanry, shall not be, deemed to be reduced, is any way, because
such work is performed or caused to the performed by flaw Purchaser.
14, PATENTS.
Whenever the Seller is re9uimd to use any design, device, material or process covered by falter, patens trademark
copyaigid, he Seller shall indemnify and save hamhiess the Purchaser main any and all claims for infringement
by rmsan of the use of such patented design, device, material or prncem in connection with the wormer, and
shall indemnify the Purchaser for any cost, expene or damage which it may be obliged to pay by reason of such
infringement at any time during the prosecution or after the completion of the work. In case said equipment, or
any pan thereof or Have intended use of the goods, is in such suit held to constimm inringing and the use of
said reimposing or Pan is enjoined, the Seller shall, at its own expense and M its option, either procure for the
Purchaser the fight to continue using said equipment or pans, replace the some with substantially equal but
noninGnging equipment, or modify it so it becomes noninGnging.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrum. make as assignmetn far the benefl of creditors, appoint a
receiver or trustee for any of the Sellers property or b.imas, this order may forthwith he canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The defnitiom of,. used or the interpretation oftv, agreement and doe rights of all parries hereunder shall be
common under and governed by the laws of the Stem of Colomdo, USA.
The following Additional Conditions apply only in where the Seller is to perform work hereunder,
including the services of Sellers RepresenNti,,h), on thecases
premises of others
12. SELLERS RESPONSIBILITY.
The Sella shall any, on said work in Sellers own risk until the same is fully completed and accepted, and shall,
in rase of my accident, destruction or injury m the work good., materials before Seller's final completion and
acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When nalmals
and ryefficient arc fumished by others for Insallancin or erection by the Seller, the Seller shall receive, unload,
store and handle same at the site and become responsible therefor as though such materials endor equipment
were being banished by the Seller under the order.
18. INSURANCE.
The Seller shall, er his own expene, provide far date payment of workers comparmtim, including occupmt... I
disease benefits, to its employees employed on or In connection with the work coverW by this purchase order,
ankor to their dependents in accordance with the laws of the state in which the work is to be done. The Seller
shall also carry comprehensive general liability including. but not hani al an. ant-com' and automobile Public
liability insurance with bodily injury and death limits of at least 5300,000 for any one person, 5500,000 for any
one accident and property damage limit per accident of 8400,000. The Seller shall likewise require his
contractors, if any, to provide for such compensation and insurance. before my of the Sellers or his contract m
employees shall do any work noun he premises of others, the Seller shall ( ich the Parch— with a certificate
that such compensation and imuance have ban provided. Such cenifca,es shall specify the date when such
compensation and insurance have been provided. Such ariifcates shall specify the date when such compenation
and insurance expires. The Seller agrees that such compensation and insurance shall be maintained=61 after the
emire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby msumes the emire respansibil ity and liability for any and all damage, ass or injury of any kind
or nature wbannwer to pecans or property caused by or resulting from the execution ofthe work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold hamdeas the Purchaser and any
r all of the Purchasers officers, agents and employees ram and against any and all claims, losses, damages,
engages or espemes. whefer direct o, indirect, and whether ad parse. or property to which the Purchaser may
be put or subject by masov of any act, action, neglect omission or default on the pan of the Seller, any of his
contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other
proceedings shall be brought against the Purehmer, or its officers, agents or employees at any time on acmun, or
by reason of any act, action, neglect, omission or default of the Seller of soy of his contmctors or any of its or
their officers, agents or employees as aforesaid, the Sell,, hereby agrees to some the defense thereof and m
defend the same at the Sellers own expense, to pay any and all costs, charges, atmmeys 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 procan irms, sued in case judgment or other lien be placed upon or
obtained against the property of the, Purchaser, or said panics in or. a resull of such suits or offer proceedings.
the Seller will at once cause the same to the dissolved and dhchmg,d by giving brad or otherwise. The Seller and
his contractors shall age all safety prcctutions, famish and install all guards reamer, for the precaution of
ecidents, comply with all laws and regulations with regard to safety including, bur without limiation, the
Occupational Safely and Health Act of 1970 and all mles and regulations issued pursuant thereto.
Revised 03ROIo