HomeMy WebLinkAbout259345 HEALTHSTYLES EXERCISE EQUIPMENT - PURCHASE ORDER - 9140746Fort Collins
Date: 01/31/2014
001 OWM1 A e ok
Vendor: 259345
HEALTHSTYLES EXERCISE EQUIPMENT
4515-B JFK PKWY
FORT COLLINS CO 80525
a $a-- 0yo
PO Number Page
9140746 1 1of2
This number must appear
on all invoices, packing
sli sand labels.
Ship To: OPERATIONS SERVICES
CITY OF FORT COLLINS
300 Laporte Avenue
Building B
FORT COLLINS CO 80521
Delivery Date: 01/31/2014 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
t Senior Center Expansion
Supply and deliver a
Landice L7 Treadmill
PER PROPOSAL 7582.
PLEASE COORDINATE DELIVERY AND INSTALL
WITH BRIAN HERGOTT AT 970-221-6804.
EQUIPMENT MUST BE DELIVERED
BYAPRIL 15.2014.
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.00m
1 LOT LS
Total
Invoice Address:
3,775.00
N&ID111
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
Page 2 of 2
1. COMafERCVsI.DETAILS.
Tax exemptions. By smWu the City of Fora Collins is exempt fro state and local taxes. Our Exemption Number is
98-0G502. Federal Excise Tax Exemption Carfificateof Registry 84-6000587 is registered with the Collector of
Internal Revenue, Denver, Colorado (Ref. Colorado Rcvlmd SmmW 1973. Chapter 39-26, 114 (a).
Goods Rejocted. GOODS REIECTED due to failure to meet specifications, tither when shipped or due la defect of
damage in transit, may his dfined to you for credit and are not to be replaced except upon receipt of written
instructions fm the City of Fort Collins.
Expunction. GOODS are subject to be City of Fort Collins inspection on arrival.
Final Acceptance. Receipt of die rmmuseca , service or equipment in respoum to this order can result in
authorized payment on the part of die City of Fort Collins. However, it t to be understood that FINAL
ACCEPTANCE is dependent upon completion of all applicable required iaspecfn pmcedusa.
Freight Terms. Shipment most be F.O.D., City of Fort Collins, 700 Wood St., Fart Collins. CO 80522, wleas
otherwise specified on this order. If permission is given to prepay freight and chage separately, the original freight
bill must accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. Where manufacturers have distributing points in Vatican pads of the country, shipment is
expected from be magent distribution point to destination, and excess freight will h deducted from Invoice when
shipments as made fund grtaer distance.
11. NONWAIVER.
Failure of the Porringer to insist upon strict performance ofdie terms and condition hereof. failure or delay to
any rights or comedies provided herein or by law, failure to promptly notify the Seller is the event of a
breach, the acceptance of or payment for goods barometer or approval of the design, shall not=]one the Seller of
any of the warranties or obligations of this purchase, order and shall not he deemed a waiver of my right of the
purchaser to insist upon strict performance hereofor any of its rights or remedies ere to my such goods, regardless
of when shipped, received or ecceplW, as to any prior or subsequent default hereunder, nos shall my purported
coal modification or rescission of this pumhase order by be Paichazer operse as a waiver of any of the terms
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller sad be Purchases rcognis Wert in anlxl ee ran Ic Practice, Overcharges ranging fro antitrust
art us fact home by the Purchaser. Theretofore, for ugood cause and as cosidenhan fee examin, Nis
pumhase adder, be Seller hereby scalps to be Purchaser any red dl daims it may now have or Incidence
acquired under federal or sets antitrust laws for such overcharges relating to the particular goods or services
purchased or acquired by the purchaser pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe Purchaser direct the Seller to correct nonconforming or defective goods by a data to be agreed upon by Be
Fighting and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
may case Ne work to be performed by be most expeditiax mean available to it. and We Seller shall pay all
cane associatd with such work
Pemoiu. Seller shall procure at milers sole cart all Mercury permit, cerdficates and licerees required by all
applicable laws, regulation, o almond and rulu of be state, Municipality, tertiary or political subdivision where
the work is performed, or refound by any be, duly cautioned public authority havingjunin iction over the work
of vendor. Seller higher egrtn to hold the City of Fort Collin harmless from and againl roll liability and lass
incurred by them by reason of. nsaided ar established violation of easy such laws, regulations, ordinances, rules
and requirmicos.
Aultmrismtim. All parties to fix contract agree that the representatives are, in fact, been fide and possess hill and
complete authority to bind said panics.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptence to the lemu and conditions stated
herein set forth and my supplementary or additional term and condition annexed hereto or incorporated herein by
reference. Any additional or different tern and condition proposed by seller art objected to and hereby rejected
2. DELNERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to ertive on your
promised delivery date as noted. Time is of We rssmor. Delivery and performance mast be infected Within We time
stated on the purchase order and be documents attached hereto. No ace of the Purchasers including, without
Embolism, acceptance of partial lam deliveries, shall operzle as a waiver of his provision. In the event ofany delay,
the Purchaser shall have, in addition to other legal and intuitable remedies, the option of placing this order elsewhere
and holding the Seller liable for damages. However, the Seller shot) not be liable for damages as a result of delays
due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault ofaegligence,
such ace of Gad, acts afcivil or military authorities, governmental pound s, fees, strikes, Rood, epidemics, wars or
ruts provided that notice of We conditions coming such delay is given to the Purchaser within five (5) days of the
time whan We Seller first received knowledge diereof. In be event of my such delay, the data of delivery shall be
extended for be period equal to be came actually lost by reason ofthe delay.
3. WARRANTY.
The Seller wamnm but all goods, articles, material and work covered by this order will conbron with applicable
dmwiaga, specification, samples and/or other description given, will be fit for the purposes intended, and
performed with be highest degree of care and competence in accordance with accepted standards for work of e
miler rising. The Seller aped to hold the pumhoser hamdess from any lass, damage in expense which the
Purchaser may suffer or incur on account of the Sellers breach of wound, The Seller shall replace, repair ad make
good, without cast W the purchedea any de&cts or faults arising within one (1) year or within such longer period of
time as may be prescribed by law or by the terms ofany applicable wertanty provided by the Seller after die date of
eccepaanm of be goods fumished hommder (acceptance not to be commodity delayed), resulting from imperfect
or defective work dam or material frothed by the Seller Acceptance or um of goods by the Purchaser shall not
consliNte a waiver ofany claim under this warranty. Except as aWenwim provided m thin purchase order, Ne Sellers
liability heremder shall extend to all damages proximately caused by be breach ofany of floe f gagoing mandolies
or guarantees, but such liability shall in no event include loss of profs or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may An change to legal terms by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the term, mherahin legal terms, including editors to or deletions firm
be quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such
change effects the amount due or the time ofperformence M1crcunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at my time by written change order, terminate his agreement ad to any or all penctioer of the
goods then not shipped, subject to any equitable adjustment between be Mind as to any work or material then in
progress provided that the Purchaser shall not be liable for my claims for anticipated prefix on the uncompleted
portion of be goods and/or work, for incidental or consequential damages, and east no such adjustment be made in
favor of the Seller with respect W any goods which art the Sellers standard stack. No such termination shall relieve
the Purchaser or the Seller ofany of Weir obligations as to any goods delivered hereunder.
V. CLAIMS FOR ADIUSTMENT.
Any claim for djantmmt most be asserted within biry (30) days for the data the change or lemonade. is
ordered.
S. COMPLIANCE WITH LAW.
The Seller warrants War all gads sold hereunder shall lave been produced, sold, delivered and furnished in strict
compliance with all applicable laws and regulation to which die goods are subject. The Seller shall execute and
deliver such documents as may be required to effect or evidence compliance. All laws aad regulations turning to be
incorporated in agreements of this character me hereby incorporated herein by this reference. The Seller epees to
indemnity and hold the Puahnser harmless from all costa end damages sex@red by be Pumhom, as is result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither parry shall assign, traxfer, or convey this order, or any manies due or to become due hereunder winning the
prior written consent ofthe order parry.
10. TITLE.
The Seller wammts fall, clear end can intricted fitie to the purchaser for all equipment, material, and items famished
in imbr naom of Wis apeement, free and clear of any and all lies, restrictions, oxminu ax, security interest
encumbrances and claims of others.
The Sella shall release die Purchaser end its contommrs of any tic from all liability vd claims of any nature
resulting from the performance of a.& work.
This relrae shall apply even in the event of fault of negligence of the party releosed and shall extend to be
director, officers and employees onuch parry.
The Sellers contractual obligations, including wamnry, shall not be demon la be reduced, in any way, because
such ..,it is performed err caused to be performed by the Pmcbaser.
14. PATENTS.
Whenever be Seller is required tone any design, device, material or pmcass covered by lever, patent, trademark
or copyright. We Seller shall indemnify end save hamdess the Purchases from any and all caims for infringement
by =am of the use of such patented design, device, material or process in connection with be contract, end
shall indeumify, be Purchaser for any cost, esperse or damage which it may he obliged to pay by reason ofsuch
infringement at any time during the prosecution or after the completion of the work. In cam said equipment, or
any part thereof or the intended am of am goods, is in such suit held to constitute infringement and We use of
said equipment or part is enjoined, the Seller shall, at its owin experm and at in option, either procure for the
Purchaser net right to continue sing said equipment or pans, replan tI a same with substantially equal but
norinMnging equipment, or modify it so it becomes noninlinging.
15. INSOLVENCY.
If We Seller shall become insolvent or moral make an assignment for the benefit of creditors, appoint is
or ousme for any of the Sellers property or business, this order may forthwith be canceled by the
Purchnerwid out liability.
16. GOVERNING LAW.
The definition aflemn tad or %e ivlerpretation oldie agreement and the rights ofall parties hereunder shall be
comormed under and governed by We laws of be State ofColorada, USA.
The following Additional Conditions apply only in cases where We Seller is to perform work hereums,
including the services ofilellers Ropresentutive(s), on be premises ofoders.
17. SELLERS RESPONSIBD.ITY.
The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall,
in case of any sending, desmredon or injury m the work md/rr materials befall Sellers final completion and
acceptance, complete the work at Sellers own expense and W the satisfaction of the Predict When materials
end equipment. fiunlhd by others for in alltion or erection by the Seller, the Seller shall mucivc, unload,
store and handle tame at the site cod became responible therefor res though such matnal anNar equipment
were being fumlsbed by the Seller under the order.
IS. 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,
and/or to their dependents in accordance with the laws of the state th which the work is to be done. The Seller
shall alw nmry comprehensive general liability including, but not limited to, contractual and automobile public
liability insurance with bodily injury and death limit. of at least $300,000 for any one person, $500,000 for any
accident end property damage limit per accident of 5400,000. The Seller shall likewise require his
contractors, if any, to provide for such compensation and dormice. Before any of the Shcers or his contactors
employees shall do any work upon We premises of others, the Seller shall fumlsh be Purchaser with a certifute
that such compensation and bumnnce have been provided. Such certificates shall specify me date when such
compensation and insurance have been provided. Such certificates shall speciy the dam when such compensation
and insurance expires. The Seller agrees diet such co ntunation and insurance shall be me a mfed mend after be
entire work is completed and accepted.
19, PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Selkr hereby assumes the entire on muibility end liability for any and all damage, loss or injury of any kind
r nature whaloever to persons or property caused by or resulting from the execution of the work provided for in
this purchase order or in connection herewith. The Seller will indemnity and hold asmness Ne Purchaser and any
r all of the Purchasers officers, spun; ad employees from and against any end all claims, losses, damage,
charges or expenses, whether direct or indidat, and whether to person or property to which We Purchases may
be at in subject by goon ofany act, action, mglee4 omission or demo], on die pan of be Seller, any of his
combustion, or any of the Sellers or contractors officers, agents or employers. In case any suit or other
proceedings shall be brought against the Purchases. or its officers, agent or employees at any time on account or
by reason of my act, action, negleL omission or default of the Seller of my of his contractors or my of its or
Weir olficcrs, agent or employees to afadmid, fe Seller hereby agrees to assume be defense thereof and to
defend die same at the Sellers own expend, to pay any and all cost, charges, m mays fees and other expends,
any and ell judgment Nat may be incurred by or ab.ired egoist the Purchaser or any of its or Nei, oRcers,
agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or
obtained against the property of Be Puchaer, or said ponies in or as a result of such suits or other praceedings,
the Seller will at once coos be same to be dissolved and discharged by giving bond m aWerwim. The Seller and
his emagctms shall take all safety precaution, fmish and htntall all guards arcessnry for We pcoventian of
accident, comply with all laws and regulations with regard to safety including, but without limitation, the
Occupational Safety and Health Ad of 1970 and all miles and regulation issued pursuant Barrio.
Revised 03n010