HomeMy WebLinkAbout103508 D J'S SPORT SHOPPE INC - PURCHASE ORDER - 9141704PO
PURCHASE ORDER 914170er Page
City of
PURCHASE
9141704 1012
C6rt Coll I ns This number must appear
,/_^,'`�_,J`_' ` on all invoices, packing
sli s and labels.
Date: 03/24/2014
Vendor: 103508
D J'S SPORT SHOPPE INC
1225 RED CEDAR CIRCLE UNIT F
FORT COLLINS CO 80524
Ship To: PARK MAINTENANCE
CITY OF FORT COLLINS
413 S BRYAN
FORT COLLINS CO 80521
Delivery Date: 03/24/2014 Buyer: WILSON, JILL
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
Cobblestone Youth Jerseys 1 LOT LS 6,150.00
Invoice 02282014
2 Cobblestoe Adult Jerseys 1 LOT LS 2,012.50
Invoice 02282014
3 Cobblestoe Adult Jerseys 1 LOT LS 2,012.50
Invoice 02282014
%,fir P14
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.wrn
10,175.00
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. COMMERCIALDETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt fmm state and local braes. Our Exemption Number is
98-414502. Federal Excise Tax Exemption Certificate of Registry 84-600 )58] is registered with the Collector of
Internal Revenue, Denser, Colorado Her. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a).
Goode Rejected. GOODS RFJECfED due to failure in meet specifications, either when shipped or due to defects of
Manage in transit, may he moment to you for credit =W are not to h replaced except upon receipt of women
instructions fmm the City of Fort Collins.
Inspection. GOODS are subject I. the City of Fon Collins inspection on arrival.
Final Acceptance. Receipt of the merchandise, and,ines or equipment in teapots, to this order can result in
authorized payment hn the pan of the City of I. Collins. However, it is to be understood than FINAL
ACCEPTANCE is dependent upon comply ins of all applicable required inspection procedures.
Freight Terns. Shipments brut be F.O.D., City of Fort Collins, 700 Wood Sri Fon Call., CO 80522, unless
otherwise specified on his order If permission is given m prepay freight and charge Sequence], the original freight
bill must ocwmwnv invoice. Additional charges for parkins, will rim be accepted.
Shipment Distance Where manufacturers have distributing points in various pies of the country, shipment is
expected from the nearest distribution point to distortion, and excess fight will be deducted f Invoice when
shipments are made farm greater distance.
Permits. Sella sbull procure .1 sellers sale cost all nee sorry permits, certificates and licenses required by all
applicable laws, regulations, ordinances and rules ohhe state, municipality, territory or political subdivision where
Me work is performed, or required by any other duly constituted public authority having jurisdiction over the work
of vendor. Seller further agrees a hold the City of TOM Collins harmless from and against all liability and loss
ed by them by reason of ran tiered or established violation of any such laws, regulations, ordinances, rules
incurred
ndrrequirements.
Authorization All panics ,,this contract agree that the representatives are, in fact, bona fide and Possess Poll and
complete unti m bind said Prom,,
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the Terms and vanilla... stated
herein set Inch and any mpplementary or additional tetras and conditions annexed hereto or ineospomted herein by
reference. Any additional Or different terms and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE. ADVISE PURCHASING AGENTimmediately if you cannot make complete shipment to arrive on year
promised delivery date ca noted. Time is of he aseae. Delivery and performance most be elTeeed within the rime
stated on the purchase order and the documents attached hereto. No acts of the Purchasers indnding, without
limitation, acceptance ofpanial lam delivedu, shall npemte as a waiver of this provision. In the evem army delay,
Me Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere
end holding the Seller liable for damages. However, he Seller Shall not be liable for damages as a fault of delays
due to causes not reemnably foreseeable which arc beyond its reasonable central and without its fault of negligence,
such acts of God, acts ofeivil or military authorities, governmental prionties, fires, strikes, flood, epidemics, wars or
riots provided that notice of the conditions causing such delay is given to Me Purchvwr within five (5) days ofthe
time when Me Seller first received knowledge hereof In the evens of any such delay, the date of delivery shall he
extended fur the period equal to he time atedly lost by relearn ofthe delay.
3. WARRANTY.
The Seller warrants that all goods, articles. materials and work Owned by this older will mother with applicable
drawings, specifications, samples and/or other descriptions given, will be fit for the purpose consider, aM
Miami with Me highest degree of sae and mmpetecee in ecodance with accepted standard for weak of a
mil= mature. The Seller agrees to hold the Purchaser hamless fmm any loss, damage or expense which Me
Purchaer may suRer or incur oa account arrive Sellers breach of assi The Seller shall replace, repair or make
good, without cost to the purchaser. any deflect or fnles causing within one (I) year or within such longer period of
time as ray he prescribed by law or by the hems army applicable warranty provided by the Sella after the date of
occurrence of hie gook fumubed hereunder (acceptance not to be unreasowbly delayed), resulting form imperfect
or defective work done or ma¢riaB famished by hie Seller. Acceptance or use of goads by the Purchaser shall not
omditute a waiver of any claim under this warranty. Except as otherwise provided in Nis purchase order, Have Sellers
liability hereunder shall extend to all damages proximamly caused by the breach of any of the foregoing warranties
or guamm na, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal terms by written change order.
5. CHANGES IN COMMERCIAL PERMS.
The Purchaser may .,site any changes to the terns, other than legal terms, including additions to or deletions fmm
Me quantities originally Ordered in the sped ticatiom or drawings, by verbal or wrimen change orderif any such
change affects the amount due .,,he time ofperfomnnce hereunder, m equitable adjustment shall be made,
6. TERMINATIONS.
lfie Purchaser may of any time by written change acres, terminate this agreement as to any Or all ponians or the
good then not shipped, subject to any eqtumble adjustment between the parties as to any work ar mutcnir6 then in
progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
portion of the goods and/or work, for incidental or consequential damages, and Out no such adjustment be, made in
favor ofthe Seller with per, to any Goods which are the Sellers standard stock. NO such turminu o s shall relieve
Me Purchaser or the Seller of any oftheir obligations as to any goods delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment moral be Mounted within May, (30) days from hie dam hie change or teerumaner is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warmm than all good mid hereunder shall have been produced sold delivered arW famished as smct
compliance with all applicable Levi, and regulations to which the goods are subject- The Seller shall execute and
deliver such documents as may be required to of i ct or i idence mmplimce. All laws and regulations required to he
incorporated in agreements of this character are hereby imew, arrul herein by this reference. The Seller agrees to
indemnify and hold Ito Purchaser haminu fmm all costs and damage, niieeed by hie Purchaser az a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither parry shall assign, transfer, or convey this order, or my monies due or m become ,due hereunder without hie
prior written consent ofthe other party.
10. TITLE.
The Seller wamms hall. clear and unrestricted tide m the Purchaser for all epdpmenl, materials, and it. Mounted
in perfommce of this agreement, have and clear of any and all liens, re$tictions. reservations, security interest
mcuarthrences and claims notheo.
I L NON WAIVER.
Failure of the Purchaser to insist upon mnct performance of the terms and conditions hereof, failure or delay to
exercise any rights or remedies provided herein or by law, failure W promptly notify the Seller W the evert Of a
breach, the acceptance afar payment for good hereunto or immoral of Me design, shall sat release hie Sella of
any ofthe warranties or obligaious of this purchase order and shall not he deemed a waiver of any right of Ne
purchase, to insist upon stria performance hereof or any of its lights or remedies= ro any such goods, rePPcrlem
of when shipped, received or accepted, as to any Prior or Subsequent default hereunder, tar slWl any puryoned
and modification or rucission of this purchase order by the Purchaser operate as is waiver of any of the ream
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Selig and the Purchaser recognise that in actual ec nomic pmctine, overcharges lading fmm antitrust
siolatiom are in fact home by the Functional. Theretofore, for good cause and as consideration for extending this
purchase order, the Seller hereby assigns to Ore Purchaser any and all claims it may now have or hereafter
acquired under federal or since antitrust laws for such overcharges relating to the particular good or services
purchased or acquired by hie Purchaser Pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe Purchaser directs the Seller to consent ii.foming or defective good by a date to be agreed upon by the
Purchaser and the Seller, and the Seiler thereat.. indicate its inability or unwillingness to comply, the Purchaser
may cause the work to be subtmexi by the most expeditious means available m it, and the Seller shall pay all
costs associated with such work.
The Seller shall release the Pumhaer and its contractors of any tier from all liability and claims of any mature
resulting from the Performance of such work.
This release shall apply even in the event of fault of negligence of hie party mleased and shall extend to the
directors, officers and employees of such party.
T'he Seller's creatural obligations, including warranty, shall not be central to be reduced, in any way, because
such work is perfumed or used to Ise performed by the Purchaser.
14. PATENT S.
Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark
Or copyright, the Seller shall indemnify and save harness the Purchaser from any and all claims for infringement
by reason Of the use of such patented realign, device, material or proacas in connection with the contract, and
shall indemnify he Purchaser for any cost, expense or damage which it may b, obliged to pay by reason of such
infringement at any time during the prosecution or after the complexion of the work. In case said equipment, or
any pan thereof or the intended use of the good, is in such suit held to ..time, infringement and the use of
said equipment or pan is enjoined, the Sella shall, at its own expense and at its option, either private for the
Purchaser the right to continue using mid equipment or Pans, replace the same with substantially equal but
mainGrnging equipment, or modify it m it becomes runabou rig.
15, INSOLVENCY.
If the Seller shall became insolvent err bankrupt, make an assignment for hie benefit of creditors, appoint a
receiver or trustee for any of the Sellers property or business, Nis order may forthwith he canceled by the
Pumhaer without liability.
is. GOVERNING LAW.
The definitions of terrm used or the interpretation ofthe agreement m l Me rights ofall ponies hereunder shall he
comtmed under and command by the laws ofdre State of Colorado, USA.
Tare following Additional CoMitimss apply only in cases when the Seller is to perfom work hereunder,
including the vertices fSellers Relresenbrlive(s), on the premises orate..
17. SELLERS RESPONSIBILITY.
The Seller shall carry on mid work at Shcds awn risk until Me same k fully completed and aceeyted, and shall,
accau of any accident, destruction or injury to the work andor mmmak ball Seller's final completion and
eptance complete the work at grilles own expense and to the satisfaction ofthe Purchaser. When mmeria ,
and equipment are famished by others fur installation or erection by the Seller, the Seller shall receive, anload,
store and handle same at the site and become responsible therefor as though such materials and/or equipment
were being fumished by the Scller under the order.
18, INSURANCE.
The Seiler shall, at his own expense, provide for the payment of o0fl rs compensation, including occupational
disease b ru ts, to its employees employed on or in connection with the work covered by this purchase order
andtor to heir dependents in accordance with he laws of he stare in which the work is to he done. The Seiler
Shall also carry comprehensive general liability including, but not limited on, contactual and automobile public
liubilir, insurance with bodily injury send death limits arm least $300,000 for any one person, $500,000 for any
one accident and property damage limit per accident of $400,000, The Seller shall likewise require his
crari rs, il'any, ,, Provide for such c cipcnsation and insurance. Before any of the Sellers or his contractors
employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate
than such compensation and insimann, have been provided. Such certificates shall specify the dam when such
compensation 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 after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any and all damage, lass or injury orally kind
r nature whatsoever to persons 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 harmless the Purchaser end any
r all of he Purchasers officers, agents and employees four sad against any and all claims, losses, damages,
,hargn or exp rttises, whether direct or indirect, and whether to persmn or property to which the Purchaser may
be put or subject by reason of any act, action, neglar, omission or default on the prat of Me Seller, any of his
contractors, or any of Me Sellers or contractors olBcns, agents in employees. In raw any suit or other
proceedings shall be brought against Me Purchaser, or its oRcers, agents or employees t any time on amount or
by reason of any act, action, neglect, omission or default of hie Seller of my of his mntf9cmrs or any of its or
thew officers, agents or employees az Shamanist, the Sella hereby agrees to assume the defense thereof and to
defend the come at dve Sellers own expense, as coy my and all urns, charges, attorneys fees and oMef expeatses,
any and all judgments dust may be incurred by or obtained against the Purchaser or my of to or their olldcen,
agents or employees in such suits or other proceedings, and in eau judgment or other than be placed upon or
obtainM against the property, of dm Purchaser, or said parries in or as a result ofsuch suits or other proceedings.
the Seller will in once cause the tome to be dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall take all Safety limitations, finish and irnbrll WI guards necessary for hie prevention of
accidents, comply with all laws and regulations with regard to Safety including, but without limitation, Me
translational Safety aM Health Act of 1970 and all rules and regulations issued pursuann theme.
Revised 03rlOI0