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HomeMy WebLinkAbout245845 NUSTEP INC - PURCHASE ORDER - 9140745PURCHASE ORDER PO Number Page City. of40745 lofz Flirt Collins( his number must appear !I\V`I ` V , 1 on all invoices, packing sli s and labels. Date: 01/31/2014 Vendor: 245845 NUSTEPINC 5111 VENTURE DR SUITE 1 ANN ARBOR MI 48108 Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS CO 80521 Delivery Date: 01/31/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price t Senior Center Expansion Supply and deliver fitness EQUIPMENT PER PROPOSAL 7582. PLEASE COORDINATE DELIVERY AND INSTALL WITH BRIAN HERGOTT AT 970-221-6804. EQUIPMENT MUST BE DELIVERED 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 8,429.00 Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 ase Order Terms and Conditions Page 2 of 2 L C(ROSMRCIALDEfADS. Tax exemption. By dente the Ctiry of Fort Collins h exempt from state and local lases. Our Exemption Number b 9"502. Federal Excise Tex Exemption Caniftcate of RegiNy 84-6000587 is regis ided with the Collector of Normal Revter , Drava, Colorado (Ref. Colorado Revised Summit 1973, Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECTED due to tiltue to meet spedficatima, either when shipped or due to defects of damage in dsusi; may be tenrmed to you for credit end me not to be replaced except upon receipt of written instructions from the City afFom Collins. Inspection. GOODS arc subject to the City of Fort Collins impaction on arrival. Final Acceptance. Receipt of the merchandise, service or equipment in response to this order can mutt in authorized payment on the part of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable retained impecuon procedum. Freight Tema. Shipments must be F.O.B., City of Fen Collins, 900 Wood SL, Fart Collins, CO 80522, Was otherwise specified on this older. if permission u given ro prepay freight and charge separately, the original height bill must accompany invoice. Additional charges for packing will not be terminal. Shipment Distance. Where antiabortion have distributing paints in various pads of the country, shipment is expected from the nearest dubibution point to destination, and excess freight will be deducted from Invoice when shipments cam made from Item, distance. Permits. Seller shell procure at sellers sole cost all necessary permit, cenifirme and licenses required by all applicable Inws, regulatiom, ommarro s and roles ofthe state, municipality, territory or political subdivision where the work is performed, or required by any other duly coustioted public authority havingjurisdiction over the work of vmdmr Seller farther agree to hold the City of Fort Collim harmless fiom and against all liability and loss incurred by them by reason of as asartd or csbblimed violation of any such laws, mgulatlam, ordinance, min and requirements. Authadzation. All parties to this contract agree that the representatives art, in fact, bona fide ad osass full and complete an rwity to bind said powder. LIMITATION OF TERMS. This Purchase Older expressly limits acceptance to tbe icon ad conditions limed herein set forth and any supplemansary Or additional terms and conditions towed hereto or inceryomted herein by reference. A, additional or different corm end condiliom proposal by seller am objeated to and hereby re card. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance mmt be effected within the time stated on the purchase order and the documents mnched hereto. No acts of the Purchasers including, without limitation, acceptance ofportial late ddimna, shall 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 older elsewhere and holding the Seller liable for dmrag.. However, the Seiler shall at be liable for damage . a result of delays due W tames not reasonably foreseeable which me beyond its reasonable control and without in fault ofnegligence, such an ofGo, acts ofdvd ormililary mthonno, governmental priorities, fires, strikes, Boo, epidemics, wars Or nob provided that notice of the conditions causing such delay fa given to the Purchaser within Ove (5) days of the erne when the Shca first received ktm elatedly In the event of any such delay, the date of delivery shall be extended for the petted equal totc titnc actuallot by war ofthe delay. 3. WARRANTY. The Sella warrens that all goods, articles, mam iaB end work covered by Us area will conform with applicable drawings, specifications, sample eadror otcr descriptions given, will be fit file the purpose intended, and performed with the highest degree of care and competence in soccurboace with accepted standards for work of a similar nature. The Seller agree to hold the purchaser harmless from my loss, damage or expense which the Purchaser may suffer or incur, on account of the Sellers breach ofwarmvty. no Seller shall replace, repair or make good, without cast to the purchaser, any defects or faults wising within one (1) year of within such longer period of time as may be presented by law or by she term ofany applicable warranty provided by the Seller after the date of acceptance of the goads f 'shed hereuder (acceptance not to be and asombly delayed), resulting from imperfect or defective work done or metenals famished by the Seller. Acceptance or use of goads by the Purchaser shall not candidate a waiver of any claim coda this warranty. Except as otherwise provided in this purchax mar, the Sellers liability hereunder shall extend to all damages proximately caused by the branch ofany of the foregoing warrenties ear guarantees, bur such liability shall in no at include loss afpa fitx or loss of an. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The purchma may make chmges ire legal teem by wime n change Order 5. CHANGES IN COhNIERCIAl TERMS. The Picture, may make my change to die terms, other Wan legal terms, including additions to or deletious Gam the quantities originally remand in the specifications or drawings, by verbal or written change order- If any such change affects the amount due or the time ofperfomtance hereunder, an equitable adjustment shall be mode. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goads ten not shipped, subject on any equitable adjustment between the header o to any work at materials Wen th program provided that the Purchaser shall not be liable far any claims for anticipated profits on the uncompleted Portion of the goods anNor work, for incidental or comocionfial damage, and that no such adjustment be made in favor of the Seller with expect to may goods which ase the Sellers nada d stock No such uncommon. shall relieve the Pmchaer in the Sella ofany oftheir obligatiam as m my good delivered heft.&, T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted whin thirty (30) days Goo the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller' warrants that all good sold hereundm shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which tine goad are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliane. All laws and fegu lions required to be Incmpamted in agreement of this clmmma cam hereby incorporated herein by this reference. The Seller agora to indemnify and hold the Purchaser heedless from all costs and damages suffered by the Purchaser as a result of the Sellers failmc in comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this Order, or any monies due or to become due hereunderwidtnut No prior written consent ofthe othaparry. 10. TITLE The Seller wanam full, clam and um.tricmd title a the Purchaser for all equipment, mterals, and item fiunisM1d n performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrance end claims c fmh m. 11. NONWAIVER. Failure of the Purchaser to iment upon strict perfomrmce of We terms and conditions bared( failure or delay In marrim any nghb or remedies proherein to heor by law, failure to promptly notify the Seller in the event of a breach,the acceptance .for payment for goods hermwder or approval of me design, shall at release No Seller of my of the warrenties or obligations of des purchase order and shall not be dermal a waiver of my right of the, purchaser to imut upon mrict perf sore hereof or my of its righb ce monodist as to any such goods,regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any puryaned oral modification or rescission of W s purchase older by the Purchaser operate as a waiver of any of the terms bereaf. 12. ASSfGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharge resulting from antitrust violations art in fact home by the purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby wages to the Purchaser any and all claims it may now have or hereafter acqutred under fcdeml or state antimast laws for such ovcmharges minting in to particular goods or services purebaaed or acquired by the Purchaser pursuant to this purchase arder. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchmer directs the Seller to comet nonconforming or def tive goods by a date to be agreed upon by the Purchaser and the Scllcr, and the Seller thereafter indicate in mobility or unwillingness m comply, the Trachoma may cattle the work to be performed by the mot expeditious means available to it, and the Seller shall pay all corn associated with such work. The Seller shall release the Pumhast, end in a mmattrs of any it,, from all liability and claims of any nacre resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, Officers ad employees ofsuch party. The Elders mntmcml obligadoo, including wartenry, shall not be deemed to be reduced, in any way, because such work b performed or camel to beperforanal by the Pmchaer. 14. PATENTS. Whenever the Seller is required louse my deign, device, mataial or process covered by letter, paten; trademark r copyright, the Seller shall indemWry and save hmmlm the Purchaser from any and all claim for infringement by reason of the use of ouch patented design, device, material or process in comatian with to crowded, and shall indemnify the Pardoner for any cost, expense or damage which it may be obliged to pay by mason of inch infringcmcnt at any time during the pm cesium or aRa the completion of the work. In one said equipment, or any part thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pen is enjoined, the Seller shall, at its own expense and at its option, either procure fro the Purchaser the right to continue using said equipment or pace, roplam the same with substantially equal but noninfringing equipments or madify it so it become nordnMnging. 15. INSOLVENCY. If We Seiler shall become Insolvent or bankrupt, make as wilpvnal for the benefit of creditors, appoint a receiver or formal, far any of the Sellers property Or business, this ome, Only f.dbwilh be conceld by the Forkedur without liability. 16. GOVERNING LAW. The definitions oftends red or the interpretation ofthe allotment and the rights of ell Win hereunder shall be onstmal uda and governed by the laws affair State ofC.Ionado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work heeada, including the services of Seller Re,mmandiw(a), on the premises i fothers 17. SELLERS RESPONSIBILITY. The Seller shall carry an said work at Selleis own risk until the same is fully completed and accepted end shall, in case of any accident, destruction or injury to the work and/or materiels before Sellers final completion and acceptance, complete the work at Selleis own expense and to the satisfaction of the Functional. When materials and equipment cam fumid ed by others for installation or erection by the Seller, the Seller shall receive, unload, store end handle same at the site and become mr omible herefof as though such motenaH marine equipment weft being Ind ishd by the Seller under the order. I8. INSURANCE The Seller shell, at his own expease, provide for the payment of workas comp—wwa, including occupational disease benefits, to in employees employed on at in connection with the work covered by this purchase ordeq and/or to their depandenrs in accordance with the laws of the slate w which the work u to he done. The Sella shall alw tarty comprehensive mand liability including, but not limited to, concerned and automobile public liability insurance with bodily injury and dealt, limits of at lent S300.000 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 contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall hrmish the Purchaser with a certificate that such compensation sad insurance have been provided. Such catificams shall specify the data when such compensation and insurance have been provided Such certificate shall specify the date when such compansariou and insurance expires. The Seller agree that suds compensation sad insurance shall be md.lained until after the entire work b completed and accepted 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assume the entire responsibility and liability for any and all damage, loss or injury of any krill or nature whatsoever to perstm or property caused by or resulting Gran the execution of the work provided for in this pamham omer or o..action balwith. The Seller will Indcmvify and hold harmless the Purchaser and any r all oft. Purchase. Officers, ngenb and employee fmm end against any and all claim, lass., damage, charges or expene., whether direct or indirect, end whether W persons or property to which the Purchaser may be put or subject by reason of my act, action, neglect, omission or default on she part of the Seller, any of his connotation, or any of the Sellers or contractors aliens, agents or employees. In case any 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, neglect, odssion or default of the Seller Of any of his manurial or nny of its Or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend We same at the Sellers own expense, to pay any and all costs, charge, attameys fees and other expemes, my and all judgments that may be incurred by or obtained against the PureM1aser or any of its or their officers, agents or employee in such suits of other pocedings, and in rose judgment or other lien be placed upon or Obtained against the propwy of We Purchaser, or said parties in or as a result of such suits or other proceedings, the Seller will at once cause the sane to be dissolved end dischargd by giving hand or otherwise. The Seller and his contractors shall sake all afcty precautions, famish and install all grounds naessary for the prevention of accidents, comply with all haws ad regulations with regard in safety including, but without limitation, No Occupational Safety and Heslth Act of 1920 ad all fares and negotiable Wood p moot tacit. Revised MOM