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HomeMy WebLinkAbout102587 GOJO SPORTS OF FORT COLLINS INC - PURCHASE ORDER - 9142035PO PURCHASE ORDER 914203er Page �.It�/ of PURCHASE 9142035 1 of 2 F6r} Chis number must packing //_^,'`�—J`-' ` Collins' t on all invoices, packing sli s and labels. Date: 04/10/2014 Vendor: 102587 GOJO SPORTS OF FORT COLLINS INC 628 S COLLEGE AVE FORT COLLINS CO 80524-3004 Ship To: PARK MAINTENANCE CITY OF FORT COLLINS 413 S BRYAN FORT COLLINS CO 80521 Delivery Date: 04/10/2014 Buver: WILSON. JILL Note: Line Description Quantity UOM Ordered Unit Price Extended Price I NBA Replica Jerseys Youth Invoice 100659 dated 4/8/14 z NBA Replica Jerseys Adult Invoice 100659 dated 4/8/14 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@fogov.00m 1 LOT LS 1 LOT LS 5,993.00 3,556.00 Total $9,549.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City effort Collins is exempt from state and local loxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry, 84-6000587 is registered with the Collector of Fatima of the Purchaser to insist upon strict performance of the term and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Scrams 1973, Chapter 39-26, 114 fid exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in One event of a breach, the acceptance afar payment for goods hereunder or approval of the design, shall sat rate. Ne Seller of Goods Rejectml, GOODS REJECTED due to failure to meet specifications, a iWer when shipped or due to defects of say of the waTanties or obligations of this purchase order and shall not M deemed a waiver army right of rise damage in transit. may Ito reamed to you for credit and ere not to h replaced except upon receipt of wnnen purchaser to insist upon strict Performance hemofor any of its rights or remedies as to any such goods, regardless instructions from the City airport Collins. of ohm shipped, received err accepted, m to my prior or schoolroom ddauh hereunder, nor shall any purported oral modification or comissii n of this purchase order by the Purchaser operate as a waiver of any of the tears, Impaction. GOODS are subject as tire City of Fon Collins inspection on anivaL heteaf. Final Acceptance. Receipt of flue merchandise, senices or equipment in response to Nis order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS, authorized payment on the pan of me City of Fen Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual accanceractic pmdicq overcharges resulting from antitrust ACCEPTANCE isdopendent uponcompletionofall applicablerequired inspectionpmeedarts. violations arc in fact bore, by the Purchase, Theraofore, for and cause and. consideration far excumng Nis purchase order, dre Seller hereby resigns to the Purchaser any and all claims it may now have or hereafter Freight Tema. Shipments must be F.O.B., City of Fen Collins. 7M Wood Sr, I. Collins, CO 80522, one. combed under federal or state antitrust laws for such overcharges colonel, to the panimlar good or services otherwise specified m Nis trader. If permission is given to prepay freight and clear,, separately, the original freight purcbaed or acrosirial by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional thatgn for packing will not W accepted. 1ri PURCHASERS PERFORMANCE OF SELLERSOBLIGATIONS.de ONS. Shipment manufacturers have distributing points in variom pans the wintry, shipment is by a dategness to be the eme eels Seller to wrrtd nonconforming or defmty expelled Gore Ne nearest distribution point to dedication, and excess freight will M deducted from Invoice when from to nnot d de Fore amePurit at , a indicates its inability or unwillingness m comply, ply,moralme Purchaser me Seller, and Chemed shipments are made from getter distance. my evenand y the most available shall ga all may cause the work to ch performed by the most expeditious means mailable to it. and the Seller shall pay all costs resocimed with such work. Permits. Sella shall procure at sellers sole cost all no., permiN, certificates and licenses required by all applicable laws, regulations, oNinancas and roles of the stare, munici,clity, memory or political subdivision where the work is performed, or "moral by any other duly conslilumJ public authority having jurisdiction over lie work of vendor. Seller further -agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an assenel or established violation of any such laws, regulatiotss, endiwnces, rules and requirement. AnNonration. All panics to this contract agree that the repremnudves are, in fact. bona fide and possess full and complete authority to bind mid parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the aeons and conditions stated herein set Limit and any supplementary or additional room and conditions annexed hereto or incorporated herein by reference. Any additional or different arms and coodldons proposed by seller are abj,dcd to and hereby rejected 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT intmolialely ifyou cannot make complete shipment to arrive on your promised delivery date as noted ,9'ime Is of line cascara. Delivery and performance must be ofected within the time stated an the purchase order and the dureamis avached hereto. No arts of the Purchasers including, without limitation, acceptance of partial late not rea let, shall upenae as a waiver of this provision. In the event of vay delay, the Purchaser shall have, in addition to other legal and actionable comedies, the option of placing this order elsewhere and holding the Seller liable for damages. Ilow'ever, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond i,, reasonable control and without its fault rim,li,mor. such acts errand, act of civil or military authorities, goveramental priorities, fins, strikes, Cecil, epidemics, wars or riots provided that notice of the conditions taming such delay is given to the Producer within five (5) days of the time when the Seller first received knowledge thereof. In the event of my such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all good, articles, mmeriuls and work covered by this order will conform with applicable dmvarip, specifications, rumples number other descriptions given, will be fit for the purposes intended, and perfumed wiN me highest degree of curt and competence in accordance with accepted standards for work of a similar nature. The Sneer agrees to hold the purchaser hatless from any loss, damage or expense which me Purchaser may suffer or incur on account of the Sellers brach of wananry. The Seller shall replace, repair or make good, wlthoat cost to the purchaser, any defecs or faults arising within one (1) year or within such longer period of time as may Is, prescribed by law or by the terms of my applicable wamnry provided by the Seller after me date of acceptance of the goods famished hereunder (mceplanee not to be unrereonably delayed), resuhing from considered or defective work done or matedxls furnished by the Seller. Acceptance or the of goad by the Purchaser shall not anstihire a waiver of my claim undo Nis wamany. Euryt as otheewise provided in tads purchae color, the Sellers liability hemurder shall extend to all damages pass imamIF caused by the breach of any of the foregoing a.wrmmis or guarantees, but such liability shall in no event include loss ofloan ts or loss of me. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALT. APPLY. 4. CHANGES IN LEGAL TERMS. The Purchase may make changes to legal terms by senors change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the mains, other than legal mass, including ankfitions to or deleu as from rise quadratics originally ordered in rise specifications or drawings, by vcrWl or written change order. If any such change inflects the ...not due .,,he time of pefomance hereunder, or equitable edjustmem shall be made. 6. TERMINATIONS. The Producer may at my time by wdncn change order, tcmtinmc Nis agreement as to any or all premiums of the goods men not shipped, subject to any equitable adjustment between the parties as to any work or materials grant in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted random of the goods mbrr work, for incidental or consequential damages, and last no such adjustment be made in favor of the Seller with respect o my goods which art the Sellers standard stock. No such lemiwtion shall relieve the Purchaser or the Seller of any oftheir obligations is to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjmtment must be asscncl within thirty (30) days from the date rise change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller wants that all goods sold hereunder shall have been produced, sold, delivered and famished in wind compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such document as may be required to effect or evidence compliance. All laws and regulations required N be, incorporated in agreement of this character are hereby incorpuracod herein by his reference. The Seller agrees to indemnify and hold the Purchaser hatless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder wining, fire prior written cement of the other pray. 10. TITLE. The Seller warrants full, clear and unmmided title to the Purchaser for all equipment, materials, and it. fum¢hed in parameters of this agreement firm and clear of my mud ell liras, restrictions, reservations, sectuity interest eacttmbraacev and claims ofinda s. The Seller shall release the Purchaser and its contractors of my net Bum all liability sad claims of any tame resulting brands, performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the dfrenors, officers end employees ofromh party. The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENT S. Whenever, the Seller is required ao use any design, device, material or process covered by lent patent, trademark or copyright, the Seller shall indemnify and save lu mless the Purchaser from any and all claims for infringement by reason of the use of such recorded design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged m pay by reason of such infringement at any no,. during tine pmecnlion or offer the completion of the work. In case said equipment, or any pan thereof or she intended use of the goods, is in such suit hold to constitute infringement and me use of said equipment or pan is enjoined, the Seller shall, ;it it, own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but ani inGnging equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall became insolvent or bankrup , make an assignment for the benefit of creditors, appoint a mareireT or trustee for any of the Sellers propery or business, this order may forthwith be can Bled by me Purchaser Witham liability. I& GOVERNING LAW. The definitions ofterms used or the interpretation of Oco agreement and the rights are][ parties hereunder shall he concerned under and governed by Ne laws ofthe Smco of Colorado, USA. The following Additional Conditions apply only in taus where Ne Seller is to perform work hcremadem including the service of Sellers Repoeseccaura(s), on the prtmuas of others. IT. SELLERS RESPONSIBILITY. 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 accident, destruction or injury to the work and/or matmords before Sellers final completion and acceptance, complete the work at Sellers own expene, and to rise satisfaction of the Purchase. When mnteriak and ryuipmmd are f ished by others for installation or erection by the Seller, the Seller shall receive, unload, stare and husk same at the site and become responsible therefor as though such materials armbor equipment were being famished by the Sellor under the We, 18. INSURANCE. The Seller shall, at his own ,.prase, provide for the prymmt of workers compensa,iea including occupational disease benefit, 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 scam in which the work is to be done. The Seller shall also carry, comprehensive general liability including, but not limited to, contractor] and automobile public liability insurance with bodily injury and death limits of to least $300,000 for any one person, S5 W,n00 for any arm accident and pmpmy damage limit per accident of S40Q000. The Seller shall likewise require his cammemrs, if any, to provide for such co mpeamtien and insurance. Before any of the Sellers or his contractors employees shall do any work upon no premises of others, the Seller shall famish the Purchaser with a ce fificam that such compensation and memories have been provided Such certificates shall specify the date when such ompematioa and insurance have been provided. Such ttmificales shall specify the dam when such compersaloo and insurance expires. The Seller agrees that such compensation and insurance shall be mainainM until after the mthe work is completed and occupied. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire rosponsibiliry and liability far any and ell damnga, ]ass or injury army 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 hatless the Purchaser and any cr all of the Purchaseocers, agents and onpluyecs from and nu,ei.i any and all claims, losses, damages, Purchases, harges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pun 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 Purchaser, or it effects, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agent or employees re i foreuid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all casts, charges, attorneys fees and omen expenses, any and all judgments that may bd incurred by or obtained against the purchaser or any of its or their officers, agents or employees in such suit or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parties in or m a result i f such suits or other proceedings, to Seller will at once came the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shot] cake all safety precautions, put and install all guard nttessary for the prevention of accidents, comply with all laws and regulations with regard to mfery including, but without hasimtion, the Occupational Safety and Health Act of 1970 and all ones and mgulatiom issued pursuanl mereto. Revised 03nolo