HomeMy WebLinkAbout235414 JUDGE NETTING INC - PURCHASE ORDER - 9141882Fort Collins
Date: 04/03/2014
Vendor: 235414
JUDGE NETTING INC
427 E 17TH ST, #489
COSTA MESA CA 92627
PURCHASE ORDER
PO Number Page
9141882 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: PARK MAINTENANCE
CITY OF FORT COLLINS
413 S BRYAN
FORT COLLINS CO 80521
Delivery Date: 04/03/2014 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 Replace netting and anchors
per quote dated 3-21-14
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 LS
12,250.00
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 summer the City of Fon Collins u exempt fmm state and land hams. Our Exemption Number is
11. NONWAIVER.
9g04502. Federal Farm, Tax Exemption Cenificate of Registry 84-6000587 is registered with the Collaar, of
Failure of the Purchaser to insist upon strict performance of the terms and c minions hems(, fail. or delay to
Internal Revenue, Denver, Colomdo (Ref. Colorado Revised Samoa, 1993, Chapter 39-26, 114 (a).
exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
breach, the aeceptmec of or payment far goods heremder or approval of the design, shall ran release the Sella of
Goods Rejected, GOODS REJECTED due to failure as meet specifications, either when shipped or due to defects of
any of the warranties or obligations of this purchase order and shall nor ha deemed a waiver of any right of the
damage in rransit may be reamed to you for credit and are not to be replaced except upon receipt of woman
Functional to insist upon stria performance haeofor any offix rights or remedies as to any such goods, regardless
instructions from the City ofFom Collins.
cf whm shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported
oral modifimtion or rescission of this purchase order by the Purchaser operate as a waiver of any of the rams
Inspection. GOODS are subject to the City of Fort Collins inspection on arrival.
here.[
Final Acceptance. Receipt of the merchandise, services or equipment in respirator, to this order can r esult in
12. ASSIGNMENT OF AN I'I I RUST CLAIMS.
antlanneed payment oa the par of the City of Fan Collins. However, it is m be understood faFINAL
Seller and the Purchaser recognize that in actual economic m positive, overcharges resulting fmantitrust
ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures.
violations arc in fact bome by the Planetaria, Theretofore, for good cause and as consideration for executing this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have of hereafter
Freight Terns. Shipments most W F O.B., City of Fort Collins, 7W Wood St., Fort Collins, CO 80522. unless
acquired under federal or sure antitrust laws for such overcharges relating to the particular goods or services
otherwise specified con this order. If permission is given to prepay freight and charge separately, the original freight
purchased or acquired by the Purchaser pursuant to this purchase order.
bill mml .company imaive. Additional charges far packing will not be accept
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment manufacturers have distributing points N various pats of the shipment n
Ifthe Purchaser dimes the renwvf tes or defective goods by a date to be agreed upon by the
d ball I
from the armed d paint to destination, and excess freight will be dNuned fmm Invoice when
shipment from the nearest
dSellertSe Seller
end the Seller thereafter indicates its inabilitysnry unwillingnessd comply, the Purchaser
Purchua and theds
rnim, distn
shipments arc made from greater distance.
as l by the most expeditious meant available to it, and the Seller shall pay all
may muse the work te be
orformcd
costs associated with such work.
Permits. Seiler shall procure at sellers .sole cost all necesary, permits, mnifiwtes and licensee required by all
applicable laws, regulifi a r, ordinances and roles 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 vend., Seller Porter agmOa to hold tls City of Pon Collins harmless from end against all liability and loss
ir,arrid by Item by reason of m macced Or eshblidedl violation of any such laws, regulatiom, .ndinmees, roles
and requirements.
Aothorizmion. All panics m this contract agree that the reprean onves are, in fact, bona fide and possess full and
omplete authority to bind said parties.
LIMITATION OF TERMS. This purchase Order e,,m.ly limits awephme a the team aM conditions stated
instant tit forth and any supplementary or additional terms and conditions mmexed unto or incorporated herein by
reference. Any additional or diRerentterms and conditions proposed by seller art objected to and hereby jested.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your
promised delivery date as noted. Time is of the essence. Delivery and performance muss b< effected within the time
stated an the purchase older and the documents attached hereto. No acts of the Purchmers including, without
limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay,
the Purchaser shall have, in addition In other legal and equnable remedies, the option of placing this order elsewhere
and holding the Seller liable far damages. Ilowevcr, the Seller shall not be liable for damages as a result ofdelays
dike In causes not reasonably foreseeable which are bryoad in reasonable control and without is fault ofnegligence,
such sets of Gad, over of civil or military authorities, governmental priorities, fires, mikes, Cecil, epidemics, wars or
riots provided that noliee of the conditions causing such delay is given no the Purchaser within five (5) days of the
time when the Seller first received knowledge therm[ In the event of any such delay, the dare of delivery shall be
extended for the period equal to the time actually last by reason ofthe delay.
3. WARRANTY.
The Seller warrants that all goods, articles, numriak ab walk covered by this wider will conform with applicable
drawings, specifications, samples mdfor other descriptions given, will nd fit for the purposes intended, and
performed with the bugbear degree of am and competence in accordance with accepted modares for work of a
'mil. nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the
Purchaser may sufferer incur on account offe Sellers branch ofwarmnty. The Seller shall replace, repair or make
good, without cost IO the purchaser, any defects or faults arising within one (1) year or within such longer period of
time as may tx present by law or by the terms of any applicable wmmnry provided by the Seller after the date of
mmithnce of the gonads Famished hereunder (acceptence not to be unreasonably delayed, resulting From imperfect
or defective work done or minerals famished by the Seller. Acceptance or me of goods by the Furchmer shall not
constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of my of the Foregoing warranties
or guarantees, but such liability shall in na event include loss ofpmfits or bass of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes a legal terns by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may male my changes to the more, other than legal term, including additions to at deletions from
the quardai s originally ordered m the specifications or dewing, by seebal or written change older. If any such
change affects the amount due or the time of performance hereunder, an equitable adjustment 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 nor shipped, subject to any equitable adjustment between the parties as a any work or materials then in
progress provided tbar the Paribas. shall nor be liable for any claims for anticipated profits on the uncompleted
portion of the gaada and/or walk, far incidental or cumequential darages, and quit no such adjustment be made in
favor athe Seller with respect to any goads which are the Sellers standard] stack. No such mnom nia. shall relieve
the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most ha asserted within fink (30) days fmm the date the change or termination is
calmest.
g. COMPLIANCE WITH LAW.
The Seller warrants fat all good sold bereunder shall have been produced, sold, delivered and prmuhaf in strict
compliance with all applicable laws oral regulations a which flu goods are subject. The Seller shall eaccura aM
deliver such documents as may be required to efface or evidence compliance. All laws and regulations required a be
incorporated in agreements of fix chardder arc hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser broad s from all costs arul damages suffered by the Puchaur as a ¢stilt of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither Ferny shall assign, transfer, or convey this older, or any monies due or to become due hereunder without the
prior written cement of the other party.
10. TITLE.
The Seller warmers full, clear art unrestricted title to the Purchaser too all equipment, materials, oral it. furnished
in perfinsmance of this agreement, five and clear of any and all lien, reso-icriom, resevaliom, secoriry interest
encumbrances and claims ofothers.
The Seller shall release the Purchaser and its contactors of any tier from all liability and claims of any store
resulting from the perfoonmce of.mch work.
This release shall apply even in the event of fault of negligence of the puny released and shall extend to the
chateaus, officers and employees of such party.
The Sellers contractual obligations, including warranty, shall not Ix decreed to be reduced, in any way, became
such work is performed or caused ao be performed by the Purehmer.
14. PATENTS.
Whenever the Seller is acquired to use any design, device, nuhdal or process eirmnd by term patent, trademark
or copyright, the Seller shall indemnify and mve harmless the Purchaser from any and all claims for infringement
by reason of the use of such patented design, device, material or Press in connection with the romecl, and
shall indemnify the Purchaser for any cost, expense or damage which it maybe obliged In pay by mount of such
inl6agement at any time during the prosecution or after the completion of the work. In at said equipment, or
any Fon thereof or the intended me of the goods, is in such suit held a constitute infringement and the me of
said equlpmmt or an is enjoined, the Seller shall, at its own expense and al its option, either prure for the
Purchaser the night to continue using said ryuipmnot or pans, replam the same with substantially equal but
noninfdnging equipment, or modify it so it becomes noninGnging.
15. MSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignmem for the benefit of creditors, appoinl a
receiver or trustee for any of the Sellers properly or bminem, this older may forthwith be canceled by the
Purchaser without liabiliry.
16. GOVERNING LAW.
The definitions of terns used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be
ronsuued under and governed by de laws ofthe Suite of Colorado, USA.
The following Additional Conditions apply only in raws wham the Seller is m perfagm work hereunder,
mcluding the services fSellers Repre enhtive(s), an the premisesof others.
IZ SELLERS RESPONSIBILITY.
The Seller shall carry on mid work at Sellers own risk until the same is fully completed and accepted, and shall,
in se of any accident, destruction or injury to the work and/or nmledds before Seller's rim] completion and
acceptance, complete the work at Sellers ow'n expense and m rise satisfaction of the Purchaser. When mmenals
and equipment are famished by Others far installation 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 and/or equipment
were being f mished by the Seller under the order.
IS. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, fdudfg occupational
disease benefits, to its employees employed on or in connection with the work covered by this purchase order,
andrar to their dependents in mcordance with the laws of the stare in which the work is to be done. The Seller
shall also carry comprehensive general liability including, but Out limited to, cones m it and automobile public
liability iaurmme with hand, i,., and dof limits of at least $300,00o for any one pec o , SSW." for any
one ecndenl soul property, damage limit per accident of S400,000. The Seller shall likewise require his
cranamorm, if any, f l pr.side for such compensation and insurance. Befog any of the Sellers or his i amhemrs
employees shall do any work upon the premiss of others, the Seller shall famish the purchaser with a certifiam
that such compensation and outcome, have been provided. Such cettifiares shall specify the date 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 walk u completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liabiliry for any and all damage, loss or 1 jury of any kind
or nature whatsoever to persons or property, caused by or resulting from the execution of the work provided for in
this purchase under or in connection herewith- The Seller will indemnify and hold harmless the purchaser and any
or all of the Purchasers mflicers, agars and employees floor and against any and all claims, losses. damages,
charges or expenses, whether direct or indirect, and whether to persons or property on which the Purchaser may
be put or subject by teawn of my ent, .lion, neglect omission at default on the Pan Of rise Sella, my of his
conaaaors, or any of the Sellers or contractors officers, agents or employees. In rah my suit or other
proceedings shall be brought against the Purchaser, or its officers, agents or employees at my time on account at
by reason of any act, ration, nglat omission or default of the Seller of my of his assumed. err any of its or
fair officers, agents or employees as aforesaid, the Seller hereby agrees to assume the def thereof and to
defend the same at the Sellers own expense, to pay any and all costs, charges, anomeys faces and other expenses,
any and all judgments that may l e incurred by or obtained against the Purchaser or my of its or their ofLttrs,
agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or
obtained against he property of the Purchaser, or said parties 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 band or otherwise. The Sella and
his contractors shall take all safety precautions, famish and install all guard necessary for the prevention of
accident, comply with all laws and regulations with regard to safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all roles and regulations issued purslamt thereto.
Revised 03R010