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HomeMy WebLinkAbout535049 THOMPSON RINK EQUIPMENT LTD - PURCHASE ORDER - 9141430PO PURCHASE ORDER 914143er Page CI'h/ of PURCHASE 9141430 1 er z ' `t Collins ins This number must appear V ` 1 1 on all invoices, packing �slips and labels. Date: 03/06/2014 Vendor: 535049 THOMPSON RINK EQUIPMENT LTD PO BOX 62057 TRANSCONA RPO WINNIPEG MB R2C 5G2 Ship To: EDORA POOL ICE CENTER (EPIC CITY OF FORT COLLINS 1801 RIVERSIDE AVE FORT COLLINS CO 80525 Delivery Date: 03/06/2014 Buyer: DAVID CAREY Note: Line Description Quantity UOM Unit Price Extended Ordere Price Curling Stones and Accessories 71 LS 5,862.05 Per Invoice# 00013938 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 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 L COMMERCDU.DETAILS. Tax exemption. By income the City of Fort Collin is exempt boom same and local taxes. Our Exemption Number ex ILNONWAIVER. 98-On502. Federal Excise Tax Exemption Ceaificate of Registry 8a-600058) is wgisteM with the Collator of Failure of the Purchaser go insist ports pc a trier rfommme Of the terra and conditions hereof, failurt m data a y Internal Revenue, Denver, Colorado (Ref Colorado Revised Studies 1973, Chapter 39-26, 1I4 (a), exercise any rights Or remcdid, provided herein or by law, failure an promptly natty the Seller in the event of a breach, the acceptance ofm payment for goods hereunder or ePPrm'al i f,he design, sball not release tbe Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the wonenties or obligations of this purchase order and shall mot be deemed a waiver of any right of fie damage in transit, may be rerured to you In, credit and are not to be replaced except upon receipt of written purchaser to insist upon amid par armance bravura, any ofits rights or remedies as to any such goods, regardless instructions from the City of Fort Collins. of when shippial, received or accepted, as to any prior or subsequent default hereunder, not shall any purposed oral modification or rescission of this purchase mda by the Purchasd operate as is waiver of my of the terms Inspection. GOODS are subject to the City of Prat Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services m equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorised payment on the pan of the City of Fog Collins. However, it is to he understood that FINAL Seller and the Purchaser recomone that in what ec o is practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable rqunal inspection procedures. violations art in fact home by the Promisor. Themtafore ,for good cause and as consideration for exceeding this purchase order. the Seller hereby assign . the Purchaser any and all claims it may raw have or regard Freight Terms. Shipments must be F.O.B., City of Fort Collins, 900 Wood St., Pan Collins, CO 80522, areas acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on Jun order. Upermission is given to prepay freight and charge separately, the amount freight purchased or acquired by the Purchaser pursuant to this purchase ord.. bill must accompany invoi e. Additional charges for Packing will not be accepted. 13.PURCHASERS OF SELLERS OBLIGATIONS. Shipment Dismnce. Where manufazmrr, havedeginalbming Points in van us pags oft alsPERFORMANCE Purchaserandthe recta the Shcd to corrcd no defective good by a date to be agreed by the i d road from Income What expected from the nearest distribution point m Jes,ination, and excess freight will be dducdd from Invoice when d comply, the all Purchaser er indm te, its i a Purchaser and the Seller, and the Seller thereafter indicates its inability m cable shipments ere made from great. distance. togness shall may cause the work to be performed by the most expeditious mean available to it, and the Seller shall pay all mayeau pa caws nsocimcJ with such work. Permit. Seller shall procure at sellers sole cost all messary .it, cesif ri es and Imms. mcgoed by all applicable laws, regulations, ordinances and mler of the state, municipality, territory or political subdivision where the work is perfrmd, Or required by any other duly constituted public authority hiving jurisdiction over the work Of vendor. Seller further agrees to hold the City of Fog Collins harmless from and against all liability and loss anarmed by them by reams of an aserte sd or established violation of any such laws, regularities, ordinances, roles rcquirrment. Audgmation. All pages to this contract agree that Ilse representatives are, in fact ben ride and possess full and tomplese morning to bid said panics. LIMITATION OF TERMS. This purchase Order expressly limits acceptance d the terms and condition stared bar. set four and any sripplemcndry or additional trrrn and conditions ammxd hereto or mempadted heein by reference. Any additional or different moot and condition proposed by seller are objected to end hereby jetted. 2. DELIVERY. PLEASE. ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date n noted. Time is of the sssence. Delivery and performance must be effected within the time sated oa the purchase order and the documents attached hereto. No act of the Purchasers including, without limitation, acceptance of partial late deliveries, shill operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages m a inch of delays due to causes not rcasorebly foreseeable which arc beyond it wamnable control and without its fault ofnegligence, such act ofGd, ads; of civil or military authorities, governments] priorities, fires, stakes, flood, epidemic, was or tot provided that make of the condition caning such delay is given to the Podded within five (5) days of the time when the Seller fire received knowledge thereof. In the ,at of any such delay, the dam of delivery shall be extended for the peal equal to the time tamely lost by reason office delay. 3. WARRANTY. The Seller wament that al good, articles, materials and work mveral by this order will conform with applicable drawings, specification, samples and/or other description given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standmds for work of a similar nature. The Seller agrees to hold the purchaser harmless fmm any lass, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wananry. The Seller shall replace, repair or make god, without cast to the purchaser, any defect or faults arising within one (1) year o, within such longer peed of time as may be presmbed by law or by the moot crony applicable warranty provided by the Seller trier the dam of acceptance of the goods famished hereunder (acceptance not to be measurably delayed), rwulting from imperfect or defective work done in materials fumished by the Seller. Acceptance or use of goods by the purchaser shall not onstimte a waiver army claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall emend to all damages proximately caused by the breach of any of Jae haggard, w'admies or guadnted, but such liability shall in no event include loss of profit or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. a. CHANGES IN LEGAL TERMS. The Purchase may retake changes Is legal terms by written change cold. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletion from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change aged the amount due or the time of performance hereunder, an equitable adjnlmem shall be made. 6. 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 parties as to any work or materials fen in progress provided that fie Purchaser shall not be liable for any claims for anticipated woofs on the uncompleted portion arson goods and/or work, for madrigal or consequential damages, and that ra such drier ment be mad fa favor of tic Sella with respect a any good which are the Sellers standard ask. No such truncation ahrl relieve the Purchaser or the Sella of any aftheir obligation as an any goods delivered hereunder. I. CLAIMS FOR ADJUSTMENT. Any claim for adjustment rant be ns.rged within fiery (30) days from the dam the change m tomivands is ordered. IL COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and fumished in strict omplianee with all applicable laws and regulations to which the goods are subject. The Seller shall execrate and deliver such document as may be required to effect or evidence compliance. All laws and regulation required to be incorporated in agreement of this character are hereby incorporated herein by this reference. The Seller agrees m indemnify and hold the Purchaser regular from all costs and damages suffeml by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, trartf,,, or renvey this mild, or any dories due or to became due hereunder without the prior women canto, orme other parry. I O. TITLE. The Seller warnings full, clear and unrestricted title on the Purchaser for all equipment, materials, and items fmishd or performance of this agreement, free and clew of any ad all liens restriction, reser,oicn, security interest encumbrances and claims ofothers. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature rwulting from the p isommnce cfsuch work. This release shall apply even in the event of fault of negligence of the party rdeasd end shall extend to the directors, officers; and employees ofsuch party. The Scllcla contrectaal obligation, including wanemy, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by Jae Puaehood. Ia. PATENTS. 0.hendier the Seller is required to use any design, device, mmmal or process covered by letter, patent, trademark or copyright, the Sella skirl indemnify and save harmless the Purchaser from any and all claims for infdngemad by reason of the use of such Patented design, device, material or peaces in correction with the contract, and shall indemnify the Purchaser for any cast, expense or damage which it may be obliged to pay by ream. of such infringement at any time during the prosecution or after the completion of the work. In Case said equipment, or any part thereof or the imendd use of the goods, is in such suit held to constimm infringement and the use of said equipment or pan is enjoined, the Seller shall, at its awn expense and or its option, either procure for the Purchamr the right to continue using said equipment or parts, replace the same with subnuntidly equal but noninl'ringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall became insolvent or bankrupt, smoke an assignment for the benefit of creditors, appoint a excerod or tranow for any of the Sellers property or business, this order may forthwith W canceled by the Purchaser without liability. 16. GOVERNING LAW. The definition of icon used or the interpretation argue agreement and the right ofail panics hrreunder shall be corstmed under and governed by the laws of the Slow ofCnlomda, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the smices of Sellers Represeneative(s), on the premises ofothers. ❑. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sella's own ask until the same is fully completed and accepted, and shall, in se of any accident, destruction or injury to the work andrd materials before Sellrr's firml completion and acceptance, complete the work at Settees own expense and to the satisfaction of the Purchaser. When mmmial, and equipment arc Punished by others for installation or erection by the Seller, the Seller shall wave, unload, ware and handle same ar the site and become responsible therefor as though such manias .Nor equipment were beingf ishd "a Sells Order the Out 18. 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, andor to their dependent in mmrdsnce 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 limited to, command and automobile public liability insurance with bodily injury and death limits ofm lead S300,000 for any one person. S500,00o for any onaccident and property damage limit per accident of S4W,000. The Seller shall likewise require his onuacturs, if any, to provide for such compensalion and insurance. Before any of the Sellers err his contractors employees shall do any work upon the premises of others, the Seller shall Finish the Purchaser with a resifcom that such compensation and insurance have ban provided. Such cer6ricam shall specify the dam when such compensation and insurance have been provided. Such agificatec shall specify the dam when such compensation and insurance expires. The Sella agrees that such compensmion and insurance shall be maintained until after the entire work is tom, lnM and wedged. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sell. heaehy assumes fie eotue raponibiliry and liability for any and all damage, loss or injury army kind or future whotocver to person or property caused by or resulting form the execution of the work provided fen in this purchase order or in connection herewith. The Sella will indemnify and hold bamtless the Purchaser and any r all of the Purchasers officers, agent and employees from and again any and all claims, lasses, damages, charges or expenses, whether direct or indirect, and whether to person or property to which the Parched may be put or 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 Sellers or contractors oriicars, agent or employees. In case any suit or other proceedings shall be brought against fie Purchaser, or its officers, agent or employees at any time On account or by reason of any act, action, neglem, omission or default of the Seller of any of his contractors or any of its Or their officers, agent or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the were anhe Sellers own expend, to pay any end all coals, charges,..,. fees and other expenses, any and all judgment that may be incurred by or obtained again, the f urehwer or any of its or tbar eskers, agent or employces in such suit or other proceedings, and in case judgment or other lien be placed upon or obmimd again, the p rperry of Ilse purchaser, or wed parties in or as a resuh of such suit in other pruc.dings, the Seller will in once cause the same to be dissolved and dischargd by giving hand or mhemiss. The Seller most his contractors shall take all safety pmcaufions, famish ad inmll rl pound veceasary fen the prevention of accident, comply with or laws and regulation with regard to salary including, but without limimtion, far Occupational Safety and Herth Ad of 1970 and or roles and regulation issued Pars .. dacreto. Revised 03RO10