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HomeMy WebLinkAbout534137 COMMERCIAL FITNESS SOLUTIONS INC - PURCHASE ORDER - 9140748 (2)PO PURCHASE ORDER 914074er Page C117/ of PURCHASE 40748 1 of z ' `tCollins( This number must appear V on all invoices, packing sli s and labels. Date: 01/31/2014 Vendor: 534137 COMMERCIAL FITNESS SOLUTIONS INC KEN GREENBERG 12386 N DUMONT WAY LITTLETON CO 80125 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 i Senior Center Expansion Supply and deliver the 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@fogov.com 1 LOT LS 65,170.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 rmlaikxi�i7a - - ulT�li�i 516�7a �iL•fI`[SF� Page 2 of 2 I. COMMERCIALDETAHS. Tax exemptions. By statute the City of Fort Colima 4 exempt from mile and h,at taxes. Our Exemption Number is 11. NONWAIVER 964I4502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with she Collator of Failure of she Purchaser to most upon moct performance of the is= read Conditions hereof. failure or defy to Internal Revenue, Denver, Colorado (Ref Colorado Revised Sntutes 1973, Chapter 39-26, 114 (a). exao:ue my rights or remedies provided herein or by law, failure to promptly ratify me Seller in the event of a breach, the acceptance ofor prymmt for goods hereunder or approval ofthe design, shall not relmm the Seller of Goods Rejected. GOODS REIECfED due to failure to meet specifications, enter when shipped or due to defects of any of the wuranGes or obligations of this pumbase order and shall Cot be deemed a waiver of my night of the damage in tmmit, may be rumored to you for credit and are not to a replaced except upon receipt of writer purchaser W inft upon strict performance harmf or any arms rights ar remedies as to my such grads, regardless instructions drum the City of Fort Collins. ofwhm shipped, received or accepted, am W any prior or subsequent default hereunder, am shall my postponed oml modification or ruciasion of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS we subject to the City effort Collins impaction an arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in do,onn to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. mthoriud payment on the part of the City of Fort Collim. However, it is to be understood that FINAL Seller and the Purchaser nam,nica that in most ec are practice, tierclmgn resulting from antitnt ACCEPTANCEis dependentupon completion of applicable raquiadimpection procedures, violations are in fact home by to Purchase, Theretofore, for good came and as camidemtion far Creating this purchase order, the Seller hereby assign to the Purchaser any and all claims it may now have or hcreafer Freight Term. Shipments most be F.O.B., City of Fort Collins, IN Wood St., Fort Collins, CO 80522. unless acquired Order federal or state antitrust laws for such overcharges relating to Ore particular goods or services otherwise specified on this order. If permission is given to prepay freight and Charge .,..rely. the ori,iml freight purchased or acquired by the Purchaser puraumt W this purchase oiler. bill most accompany invoice. Additional charges for parking will not bet accepted. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers hive distributing points in various parts of the country, shipmentis Ifta Pumbeier directs the Seller to correct nonconforming or defective goods by a date to he agreed upon by the expected from to nearest distribution point to deduction, and excess freight will be deducted from Invoice when Purchaser and to Seller, and the Seller thereafter indicates its inability or mwillin w ss W Comply, the Pachaser shipments are made how greater distance. may nose the work W be performed by the most expedifoos man available to it, and the Seller shall pay all Costs associated wit such work. Pertains. Seller shell procure at sellers sole cost all nusessery pminits, cerfficates and licenses required by all applicable laws, m,aliu me, Cadmium. naid.1. of the ante, municipality, made, or political subdivision where the work is performed, or required by my other duly constituted public authority having jurisdiction over the work of vendor. Seiler further agrees to hold to City of Fart Collins hmmless from and agaimt all liability and loss amend by them by reason of on asserted or established violation of any such laws, regulations, ardmancu, roles and re,oremenn. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and pass full and complete authority m bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits accepfnce to the tenor and conditions stated herein set forth and any supplementary or additional terms and condition annexed hereto or incorporated herein by dromes. Any additional or different terms and Condition proposed by seller sm objected to and hereby jetted. 2. DELWERY. PLEASE ADVISE PURCHASING AGENT immediately if yen cannot make complete shipment to arrive on your promised delivery date as noted Time is oftha esserse. Delivery and performance most he effected within the time stated on the purchase order and the documents attached hereto. No acts of the Pmdha.n including, without limitation, acceptance of partial late deliveries, shall .,.to as a waiver fthis prevision. 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 and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which ore beyond in teammate control and without its fault of negligence, such acts of God, acts Cfcivil or military authorities, govemmental pri.thi s, fees, strikes, flood, epidemics, wars or data provided that notice of die conditions causing such delay is given to thc Purchaser within five (5) days of the time when tire Seller first received knowledge thmeaf. In the .,it of any such delay, the date of del ivcry shall be extended far the period equal to the time actually last by.... of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable Coatings, specification, armadas and/or other description given, will be fit for the purposes intended, and performed with the highest degree of rare and Competence in accordance with accepted standards for work of a similar nature. The Seller agrees W hold the purchaser hadd eu from my Ins, damage or capene, which the Puchaer may suffer or inan on mcomt ofine Sellers bench ofwardnty. The Seller shall replace, repair or make good, without cast W the purchaxy my defects or faults arising within one (1) year or within such longer period of time as may be promribd by law at by the ft. of., applicable wartanry, provided by the Seller after the date of acceptance of to goods fiaoisbed hereunder imminence not W ha irrecoverably delayed), resulting f.m imperfect or defmtive work done or materials famished by the Seiler. Acceptance or use of goods by the Purchaser shall not Constitute a waiver of my claim ander this wer.nty. Except as otherman provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing mummies or gmorso ew, but such liability shall in no event include Ions of,rafts or loss of a. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchases may make changes to legal tenor by writea change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal temp, including addition to or deletions from the quantities originally ordered in the specifiemiom of dmwinga, by realist or women change ode, If any ouch Chang oRects the amount due or the time of performance hereunder, an equitable adjustment shall Its made. 6. TERMINATIONS. The Purch der may at any time by written change order, terminate this agreement as W my or all portion of rise goods then not shipped, subject to my equitable adjustment between the parries as W any work or materials then in progress provided that the Purchaser shall not ber liable for my claims for anticipated profits on the uncompleld portion of the goods anchor work, for incidental or carerquential damages, and that no such adjustment be made in favor of to Seller with respect o any goods which eR the Sellers dada l stack. No such termination shall relieve the Purchaser or the Seller crony oftheir obligations as to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or termination is odered. S. COMPLIANCE WITH LAW. The Seller ...is that ill goods sold hereunder shell have busn produced, sold, delivered and famished in sdd compliance with all applicable laws and regulations m which the goads a. subpart The Seller shalt execute and deliver such documents w may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees W indemnify end hold the Purchaser ha.dess from ill costs Cal demagca suffered by the Purchaser as is result of urn Sellers fait.. to comply with such law. 9. ASSIGNMENT. Neither party mall assign, boosted, or cmvry this order, or any mooia due of W become due hereunder without the prior written consent of the other party. 10, TITLE. The Seller warrants %ll, clear and unrestricted title to the Furtherer for all equipment, materials, and items famished I. performance of this agreement, fee and clear of any and all lien, randefiom, reservation, susurity intent mcumbdncc, and claims ofothers. The Seller shall relcom the Purchaser and its emom m. of any tied from all liability and claims of my name 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, atfcers end employees fsuch party. The Sellers contractual obligation, including warranty, shall nor be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to me my design, device, rmterial or process covered by lever, patent, trademark r copyright, the Seiler shall indemnify and save harmless the Purchaser from any and all claims for infringement by remain of the use of such painted design, device, material or process in combustion with the contract, and shall indemnify the Parcb om for any cost, expense or damage which it may be obliged to pay by M, "n ofsuch infringsmmt at any time during the prosecution or after the Completion of the work. In case said equipment, ar any pan thereof or the intended we of fire goads, is W such suit held to Committee infringement and the am of raid equipment or Wit is enjoined, me Seiler shall, at in own expense arm at its option, either procure for the Puahaztt the right to continue using said equipment or parts, Ciphers, the same with substantially rynl but noninGvgivg equipment, or modify it so it becomes noninfringing. 15.INSOLVENCY. If the Seller shall become insolvent or bankmpt, make m assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property a business, this order may forthwith be canceled by the Purchzserwi,how liability. 16. GOVERNING LAW. The definitiers ft..redar the interpretation ofthe agreement and 'he rights.(ell parties hereunder shall be Cnhued order and governed by the hose of the State of Colomdo, USA. The following Additioml Condition apply only in taus where the Seller is to perform work heCiusmer, including flirt Me.ofSall. Reptesenntivc(s), no the premises ofomers. IT. SELLERS RESPONSIBILITY. The Seller shall cart, on mid work at Sellers over, risk =61 the same is folly Completed and accepted, and shall, in case of my accident, destruction or injury to the work =&ar maerials before Sellers find Completion and meentive , Complete the work et Sellers own expense and W the satisfaction of to Purchaser. When mmtands and equipment are famishd by others for installation or suction by the Seller, the Seller shall receive, animal, store and handle same at the site end become responsible therefor as though such mmerials and/or equipment were being finished by the Seller under die order. I S. INSURANCE. The Seller shall, at his own expense, provide for the payment or workers compensation, including occupadoml disease benefits, to its employees employed on or in connection with th work covered by this purchase coder, maker to their dependents 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, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least 130q.000 for any one person, 5500,000 for any accidem and ,.perry damage limit per accident of 1400,0W. The Seller shall likewise require his contractors, if any, to provide for such compensation Cod insurance. Before any of the Seller or his contractors employees shall do any work upon me premises of others, to Seiler anal famish to Purchases with a certificate that such Compeowtion and incomes have been provided. Such certificates shall specify the date when such compensation and insurance have been p.vidd. Such certificates shall specify the done when such Compensation and insurance expire. The Seiler agrees that such compensation and insurance shall be maintained =61 oiler the amine work is completd and acmpted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any end all damage, lea. or injury army kind or nature whe oever to persons or property caused by or resulting fond the execution of the work provided for in ,his purchase order or in connection hedwilh. Ts Seller will indemnify and hold harmless fie Purchaser and any r all of the Purchasers elBcers, agent end employees from and against any and ell Orion, losses, damages, charges or expenses, whether direct or indirect, and whether W persons or property to which the Purchaser may be put or subject by reason of any ate,, action, neglect, omission or default an the pan of the Seller, any of his cemaors, Or my of the Sellers or contractors officers, agents Car In Co.any suit or omer proceedings shall be brought against the Purehmee or its officers, agents or employees at any time on account or by reamn of any act, action, neglect, omission or default of the Seller of any of his scandal.. or uny of its or their officers, agents or employees m aforesaid, the Seller hereby agrees to assume the defense thereof and W defend the some at the Sella own expense, to pay by and all toss, charges, summers fees and omer expenses, any and all j idgmms that may be incurred by no obfmed against the purchaser no any of its at their offcem, agents or employees is such suits or other proceedings, and W care judgment or other lien be placed upon or obtained against d o property ofine Purchases, or said parties is or as a result ofsuch win; or other proceedings, the Seller will at once came the same to be dissolved and discharged by giving bond or otherwise. The Seller and his Coatdmon shall take all safety prmautione, fiuvish and imWll all grads ouseswry for the prevcatnn of accidents, Comply with all laws and regulations with regard to nfery including, but without limitation, the Occupational Safety and Health Act of 1920 and all rates and regulation issurd pursnmt thereto. Revised 03nOlO