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HomeMy WebLinkAbout440353 GOLF & SPORT SOLUTIONS LLC - PURCHASE ORDER - 9142048PO PURCHASE ORDER 914204er Page CI'l�/ of PURCHASE 9142048 1 of 3 ' `tChis number must appear ` Collins1 1 on all invoices, packing sli s and labels. Date: 04/10/2014 Vendor: 440353 GOLF & SPORT SOLUTIONS LLC 22455 WCR 49 LA SALLE CO 80645 Ship To: PARK MAINTENANCE CITY OF FORT COLLINS 413 S BRYAN FORT COLLINS CO 80521 Delivery Date: 04/10/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity Ordered UOM Unit Price Extended Price 1 360 501b field chalk per invoice number 19421 1 LOT LS 1,980.00 z 80 501b turface MVP 1 LOT LS 840.00 3 80 50lb Hilltopper 1 LOT LS 1,516.00 4 160 bags infield conditioner 1 LOT LS 1,640.00 s Delivery Fee 1 LOT LS 75.00 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.mm Invoice Address City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Fort Collins PURCHASE ORDER PO Number Page 9142048 2of3 This number must appear on all invoices, packing sli s and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 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 Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tents and Conditions Page 3 of 3 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fan Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption CmiOcare of Registry 84fi1K(xdG is registered with the Collector of Internal Revenue, Denver, Colapado (Ref Col.& Revised Statutes 1923, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due as failure m men spwificallons. either when shipped or due to defects of damage in pansil. may be returned to you for credit and arc not to be replaced except upon receipt of written instructions from the City of Fan Collins. Inspection. GOODS are subject to the City ofFort Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, eq re r uipmem in response f this order can Orion in authorized payment on the pan of the City of Fort Collins. Howo,o, it is to be understood flatFINAL ACCEPTANCE is dependent upon completion oral I pp,I icable required inspection procedures. Fright Terms. Shipments must be F'.O.B., City of Fort Collins, 700 Wood St, Fort Collins, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the Original freight bill must accompany invoice. Additional charges far packing will :rot Ire accepted_ Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected from the nearest disnibution point to destination, and excess f igM1t will l e dedomed from Invoice whim shipments am made farm greater do.. Permits. Seller shall procure at sellers sale cost all necessary permits, ccn ricaus and licenses required by all applicable laws, regulations, ordinances and area of the sate, municipality, temmry or political subdivision where the work is performed, or raluired by any other duly contained public authority having jurisdiction over the work of vendor. Seller father agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by then, by reason arm asserted or established violalion Of any such laws, regulations, ordinances, mles and ro,marnems. Authorization. All parties to this contract agree that the represemnlvcs are, in fact bra fide and possess Cull and Omplme authority m bind said parries. LIMI I'A]'[ON OF TERMS- This Purchase Order expressly limits acceptance to the tams and conditions stated herein set fort and any supplementary or additional terns and conditions exposed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected am and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to active on your promised delivery &te as noted. Time is of the essence. Delivery and performance tans, be effected within the time stated on the purchase older and the documents attached hereto. No acts of the Purchasers including, without limitation, accepmnee.[,at.] late deliveries, shall charm as is waiver ofthis 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 .it holding the Seller liable for &rages. However, the Seller shall not be liable for &rages as a result of delays due to causes not reasonably foreseeable which are beyond its armature control and without its fault of negligence, such acts of food, erns ofcivil or military authorities, governments[ priorities, fires, spikes, flood, epidemics, wars or riots provided that notice of the conditions causing mch delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof In the event of any such delay, the dam of del ivory shall be extended for the period egml to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller wanams that all goads, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and'or other descriptions given. will be fit for the purposes intended, and pert ed with the highest degree of care and competence in accodance with accepted standards for work of a similar mount. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may sutler w incur. zrcaant of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchase, any defects or faults arising within one (1) year or within such longer penal of time as may be prescribed by law or by the terse ofany applicable warranty provided by the Sit after the dam of acceptance of the goods finnouthed hereunder (acecp,vnce not to be unreasonably delayed), resulting from imperfect or defective work &ne or materials fmished by the Seller. Acceptance or use of goods by the Purchaser shall not omtimte a waiver of my claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend in all damages proximately caused by the breach of any of the foregoing romantics or gumum, but such liability shall in no event include loss of profits or loss prose. 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 TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or dele inns from the quantities originally ordered in the spocifcalians or drawing}, by verbal or written change order. If any such change aRects the amount due or the time ofperfanrentt hereunder, an equitable adjustment shall be made. &TERMINATIONS. The Purchaser may at any time by written change polar, terminate this agreement as many or all portions of the good then not shipped subject to any equitable adjustment between the ponies as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims far aardpmed profits on the uncompleted portion of the goads anNm work, for incidental or consequcmial damaged, and that no such adjummad be made in favor ofthe Scllcr with respect to any goad which arc the Sellers star&rd stock_ No such maturation shall relieve the Purchaser or the Seller ofany of their obligation as to any goods delivered hereunder. 9. CLAIMS FOR ADJUSTMENT. Any claim for adjummim, mud be romfled within thirty (30) dot's from If, date the change err tonototim is mdmad. 8. COMPLIANCE WITH LAW. The Seller wanams that all good sold hereunder shall have been produced sold delivered and f caushut in star, compliance with all applicable laws paid regulation to which the goads are subject. Ilre Seller shall exccu a and deliver such documents as may be rryuired to effect or evidence compliance. All laws and regulations required to be ncoryomred in agreements of cars character are hereby inewpopawd herein by this reference The Seller agrees to indemnify and hold the Purchaser hart from all cans and damages muttered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither Party shall assign, not or convey Nis order, or any monies due or to become due hereunder without the prior wdnen tomcat of the other party. 10. TITLE. The Seller warrants full, clear and unresfctad title to the Purchaser for ell equipmem, matenab, and items famished in performance of this agreement, flee and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims ofothers 11. NONWAIVER. Failure of the Purchaser to insist upon mdn performance of the wars and conditions hereof, failure or delay to any rights or remedies provided herein on by law, filum to promptly =try the Seller in the event of a broach, the acceptance arm payment far goods hereunder or approval of the design, shill oat release thc Seller o1 any of the wamnn,ies or obligations of this purchase order and shall not be deamed a waiver of any right of the purchaser to insist upon stun performance hereof or any of its rights or remedies m to any such goad, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported mat modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof 12. ASSIGNMENT OF AN 1'I1 RUSTCLAIMS. Seller and the Purchaser recognize that In actual economic practice, overcharges revoking farm antitmst violations are in fact home by the Purchaser. Theretofore�fogood came and as consideration fir executing this purchase order, the Setter hereby assigns to the Purchaser any and all claims it may now have or hereafter mquirN under federal or stale antitmet laws far such overcharges relating to the particular goad or services purchased or acquirN by the Purchaser pursuant to this parchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. ]fare Purchaser directs the Seller to correct nonconforming or defective good by a date to be agreed upon by the Purchaser and the Sella, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may came the work to be performed by the most expeditions means available m it, end the Seller shall pay all costs associated with such work. The Seller shall release the Pumhmcr and its contractors of any tier from all liability and claims of any whom resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the party pleased and shall extend to the director, officers and employees ofsuch puny. The Seller's contractual obligations, including warranty, shall not be deemed to be mduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is optioned to use any design, device, material or process covered by leceq patent, tpa&mark r copyright the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such pwanted design, device, material or process in connection with the camprom, and shall indemnify the Purchaser for any eat, expense or damage which it may be obliged to pay by reason ofsucb infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or the intended use of the good, is in such suit held or constitute infringement and the use of said excitation; or Pan is enjoined, the Seller shall, at its own expense and at its option, either procure far the Purchaser the right to continue using said equipment or From, replace the same with substantially agml but noninfrr'nging equipment, or modify it so it becomes n.ninfringing. 15, INSOLVENCY. If the Seller shall become i... lvent or bankmp,, make an assignment for the benefit of creditors, appoint a reserver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofterms used or the interpretation ofthe agreement and the rights of all parties hereunder shall be constmed under and governed by the laws of the Scam of C.1o.d., USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including are spices of Sellers Reptexenative(s), on me perm. of others. 17. SELLERS RESPONSIBILITY. The Seller shall marry an said work at Sellcfs own risk ..it the same is fully completed and accepted, and shall, in use of any accidi destruction or injury to the work andrm materials before Sellefs final completion and acceptance, complete the work at Sellers awn expense and to the satisfaclim of the Purchaser. When materials and egripmen, are famished by others for instillation or erection by the Sifter, the Seller shall receive, .load, store and handle same at the sip, and became responsible therefor, as though such notarial. and/or q.ip.,nt were being furnished by the Seller under the order. 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, warm m their dependenrs in accordance with the laws of the sate in which the work is to be done. The Seller shall also carry comprehensive general liability including, bur not limited to, contractual and automobile public liability insurance with bodily injury and death limits of m least $300,000 for any one person, 5500,0W for any one accident and pmpety &merge limit per mcident of S400,000. The Seller shall likewise raquire his contractors, if any, on provide for such compensation and Inurance. Before any of the Sellers or his compactors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a comfort, dart such compensation and insurance have been provided. Such rertifrcates shall specify the date when such compemafioa and insnt.ce have been provided. Such arffmtes shall specify the date when such comperawfirm and insurance expires. The Seller agrees that such compensation and imurzre shall be maintained until after the imtirc work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for my and all damage, loss or injury ofuny kind or nature whatsoever m persons or pmperty 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 P omhuser and any or all of the Purchasers oRecrs, agents and employees from and against any and all claims, losses, daages charges or expenses, whether direct or indirect end whether to IN rsons or property m which fie Pasm chaser may be put or subject by reason of any pa, action, neglect, omission or default on the pan of the Seller, any ofhis compactors, or any of the Sellers or contractors oRcum, agents or employees. In caw my suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of any act, action, neglml, omission or default of the Seller of any of his contractor or any of its or their officers. agents or employees n aforesaid, the Seller hereby agrees to assume the defense dureaf and or defend the same at the Sellers own expense, to pay any and all casts, charges, attorneys fees end other expenses any and all judgments thal may be incuared by or obtained against the Purchaser or my of its or their otTiars, agents or employees h such spin or other proceedings, and in eau judgment m other It. be placed upon or .humored .,am, the property of the Purchaur, or said parties is or as a result of such as err other praeNin,p, the Seller will at once cause the same m be dissolved and discharged by giving band or otherwise. The Seller and his contpacmrs shall take ell safety precautions, humkh and imsall all guard necessary for the ha veration of accidents, comply with all laws and regalariom with regard to safety including, but without limitation, the Oc.pmioml Safety and Health Act of 1970 amd all roles and regulations issued pursuant thereto. Revised 03/2010