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HomeMy WebLinkAbout282740 SPORT & FITNESS INC - PURCHASE ORDER - 9145675PO PURCHASE ORDER 914567er Page C117/ of PURCHASE 9145675 1 of 3 �t Collins lins This number must appear V ` 1 1 on all invoices, packing sli s and labels. Date: 09/3012014 Vendor: 282740 Ship To: NORTHSIDE AZTLAN COMMUNIT SPORT & FITNESS INC CITY OF FORT COLLINS 1409 PIKES PEAK AVE 112 WILLOW FORT COLLINS CO 80524 FORT COLLINS CO 80524 Delivery Date: 09/30/2014 Buyer: WILSON, JILL Note: Line Description Quantity Ordered UOM Unit Price Extended Price 1 E-TRX Treadmill 1 LOT LS 4,600.00 Quote dated 30-Sep-14 2 E-TRX Treadmill 1 LOT LS 4,600.00 3 E-CT Elliptical 1 LOT LS 3,700.00 4 freight 1 LOT LS 375.00 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@fcgov.com Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 145675PURCHASE ORDER 9Page City Of 145675 2 of 3 his number must appear F6rt Collins1 1 on all invoices, packing sli s and labels. Line Description Quantity UOM Unit Price Extended Ordered Price s installation 1 LOT LS 300.00 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 560, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 3 of 3 I. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fan Collins is exempt from scale and local taxes. Our Exemption Number is 11. NON WAIVER. 98-04502. Federal ExdW Tax Exemption Cenificme of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon mmet performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). exercise any fights or remedies provided herein at by law, failure no promptly notify the Seller in the event of a breach, to acceptance ofor payment for goods hereunden or approval Ofthe design, shall not Memo the Seller of Goods Rejected. GOODS RE)ECfED due to failme a meet specifications, Biter when shipped or due to defects of any of the —man or obligations of this purchase order and shall not w deemed a waiver of any right of the damage in rromil, may be reramed to you for credit and are not to be replaced except upon receipt of written purchaser m insist upon strict Performance hereof or any of is eights or remedies w to any such goods, repadless hasWdimns from dam City ofFon Collins, of when shipped, received or accepted, as to any pnor or subwo own default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Pardoner operate as a waiver of any of the toms Inspection. GOODS arc subject a the City of Fon Collins inspection on amval. hcrcof Fiwl Acceptance. Roccipt of the merchandise, services or equipment an response to this oMer can result in 12. ASSIGNMENTOF ANTITRUST CLAIMS. mithodzed payment on the pan of the City of Pon Collins. However, it is to be understood for FINAL Seller and the Purchmer recognize that in actual economic practice, overcharges resulting from antibaat ACCEPTANCE is deformed upon completion ofall applicable acquired inspection procedures, violations me, in fact home by the Purchaser. Theretofore, forgoodvase and as consideration for executing this purchase order, Ole Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Teens. Shipments most be F.O.D. City of Fon Collins, IN Woad Sr, Fort Collins, CO 80522, unless acquired under fedcml or seam antitrust laws for such ovemharges relating to the particular goods or service oterssiw specified on this crde. If permission is given to prepay freight and charge w,arawly, the original trade purchased or acquired by the Pardoner pursuant to this push us, order. bill most accompany, invoice. Additional charges for packing will not be accepted 13. PURCHASERS PERFORMANCE. OF SELLERS OBLIGATIONS. Shipment Distance. Whet menufaclmers have distributing points in sudoas pans of the Iran,,, shipment is Ifthe Purchaser dimes the Seller to correct nonconforming or detective goods by a&te to be agreed upon by the expected from the rem at distribution prim to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability in unwillingness to comply, the Purchaser shipments are made from Ronald distanm. may cause the work to be performed by the most expeditious meats available to it, and to Solid shall pay at I cons unassisted with such work. Permits. Seller shall procure at sellers sole cost all necessary pmtis, robfirme, and [,senses required by all applicable laws, regulations, endurances and rules ofthe staler municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authadry having jurisdiction over the work of vendor. Seller Either agrees to hold the City of Four Collins harmless from and against all liability and loss incurred by then by ono na of an asserted or established viaetion of any such laws, regulations, oNinances, roles and mquiodown, Authorization. All panics to fis contract vgave den the representatives are, in the, bona fide wad possess fall and complete authority to bind said parties, LIMITATION OF T12RMS, This Purchase Order expressly limits accepance an the teems and conditions stated herein set forth and any supplementary or additional terns and conditions annexed hereto or incorporated herein by reference. Any additional fir di Rerent more, mad conditions proposed by seller arc objected m and hereby rejected. 2. DELIVERY, PLEASE ADVISE PURCHASING AGENT immedidely if yam cannot make complete shipment m arrive oa your promised delivery date as noted. lime is of the owmao. Delivery and pmformmce must be effected within the lime stated on the purchase order and the documents attached hereto. No acts Of the Purchasers andwlang, without limitation, acceptance of ponisl late delivenes, shall opemac as a waiver of this provision. In the event artery delay, the Purchased shall have, in addition to other legal and equitable remedies, the option ofplaciag this order elsewhere and holding the Seller liable Joe damages. However, the Seller shall not be liable for damages as a result of delays due in comes not reasonably foresrevble which are beyond hs reasonable control and without its fault of negligence, such ads of God, ass ofcivil or military, authorities, goverrmenml priorities, fires, strikes, Bond, epidemic, wars or riots provided Oat notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller faro received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period all to the time actually lost by temnn of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work carried by this order will conform with applicable drawing, specifications, samples and/or other descriptions given, will be, fit fro the purposes intended, and perfoemed with the highest degree of care wal competence in mcoMzewe with accepted standards for work of a similar ware. The Seller agrees to hold the puchaser harmless tram any loss, damage or expense which the Purchmer may sufferer incur on account of the Sellers breach ofwananry. The Seller shall mplare, repair or make good, without cost as the purchassq any defects or faults arising within one (I) year or within such longer period of time as may W prownbed by law or by the temp of any applicable wananry provided by to Seller after the date of acceptance of the gook famished hereunder (adcptaneo not to be unreasonably delayed), resulting from imperf t or defective work done or materials famished by the Seller. Acceptance or use of goods by the Parr lower shall not constitute a waiver Many 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 any of the foregoing warmnlies or guarantees, but such liability shall in no event include lass of prefix or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Pumhosm may make changes to legal cams by written change order 5. CI TANG ES IN COMMERCIAL TERMS. The Purchaser may make :my changes to the terns, other than legal terms, including additions to or deletions from the quantities originally ordered in the specilicalivas Or drawings, by verbal or warm change made¢ If any such change affidts the ammmt due or the time mfperlbrmance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, mr—ro a this agree eat as a any or all portions of the good then not shipped, subject hs any equitable adjustment between the parties fis to any work or materials then in progress provided that the Paidoner shall no, he liable for any claims for nmialpmod profits on Ne i noampletW portion of the goods andor work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which arc the Sellers sand ad stock. No such termination shall relieve the Punned or the Seller fday of their obligation as to any goods delivered hereunder. ]. CLAIMS FOR AD3USTM ENT. Any claim for adjustment must be acsened within thirty (30) days from the doe the change or termiwtion is Ordered. 8. COMPLIANCE WITH LAW. The Seller warmns flow all goods sold hereunder shall have been produced, sold, delivered and fumuhed in shad ompliance with all applicable laws and regulations to which the goods are subject The Seller shall doesvte and deliver such documents ns may be required to effect or evidence compliance. All laws and regulations required to b, rem enrmed an agreements of this reorder we hereby iacoryomted herein by this reference. The Seller agrees to indemnify and held the Purchmef haranless from all doss and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither Pang shall will transfer, or worry this order, or any monies due or to become due hereunder without the prior wain consent ofthe other Nary. Ill. TITLE. The Seller warrants full, dui and unrestricted title to the Puchaer for all equipment, matenals, and items famished in performance of this agreemem, fare and clear of my and all liens, restrictions, reservations, security interest encumbrances and claims oforhers. The Seller shall wlowe the Purchaser and its contractors of any tier from all liability and claims of any aware resulting from the perfommntt afsuch work. This release shall apply even in the even of fault of nc,ligmcc of the party released and shall extend to the directors, officers and emplUd s of such party. The Sellets contractual obligations, including wanonry, shall not be deemed a be reduced, in any way, because such work is perforated or caused to be performed by the Panderer. 14. PATENT S. Whenever the Seller is required to tse any design, device, material or process covered by letter, patent, trademark copyright, the Seller shall indemni ly and save hamaless the Purchasr from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Pura ior, bar any cost, expense or dBw,m which it may be mligiol to pay by reason of such 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 rise of the goods, is in such suit held to maximum infringement and the use of said equipment or pan is council, the Seller shall, at its own expense and al its option, eater praidn" for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but mainGngiag equipment, or modify it s it becomes nonintHngaog. 15, INSOLVENCY. If the Seller shall become insolvent or bankmpt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith b< canceled by the Pu chaser without liability. 16. GOVERNING LAW. The di fnitions ofterms used or the reciprocation ofthe agreement and the rights ofall panics hereunder shall be construed older and gownsed by the now of the State of Colorado, USA. The following Addiriaml Conditions apply only in cases where the Seller is to perform work hemundea including the services ofSellm Remonstr mtivHs), on the premises Ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is f1ly completed and accepted, and shall, in case of any accident, destruction or injury to the work tongue materials before Settees final completion and cceptance, complete the work at Selres awn expense and to the safsfction of the Purchaser. When materials and equipment arc famished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the sins and became responsible therefor as tough such materials and/or equipment were being frmishcd by the Seller under the order. IS. 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 puehaw order, and/or m their dependents in accordance with the laws of the state 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 or, re will, bodily inj nary and death limits of w Ieasr $300,000 for any one person, $500,000 fur any one necident find p,my damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide fir inch compiwatien and insurance, Before any of the Sellers or his contractors emplayms shall many work upon the premises cf others, the Sellu aholl famish the Purchaso with a cenifmte that such comperamion and insurance have been provided Such certificates shall specify the date when each compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such eompowmarm and insurance shall be maintained until alter the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby nssumn the entire responsibility and liability for my and all damage, Ions or injury of any kind or nature whatsoever to persons or property caused by or resulting from the execution oft, work provided for in this purchase order or in drowdow herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Product officers, agents and employees tram and against my and all claims, losses, damages, charges 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 cat, cation, neglect, omission or default on the por of to Seller, any of his contractor, or any of the Seller or comments officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or is officers, agent or employees at my time on account or by Baron of any ant action, ra,led, omission or defeat, of the Seller of any of his contramors or any of is or their offer., agents or employees as aforesaid, the Solid hereby agrees to assume the defense thermf and to defend the sow in the Sellers own eaperse, to coy my and all was, charges, anomeys les and other expenses, any and all judgmens that may be incurred by or obweed against to Purchaser or any of its or their officers, agents or employers in such suits or other proceeding, and an rase judgment or other lam be placed upon or obtained against the propetry Offs, Purchmer, or said panties in or as a result of such suits or other proceeding, the Seller will at once course the same to he dissolved and dendaryed by giving band or otherwise. The Seller and his contractors shall take all safety precautions, furnish and install all g & am., for the prevention of accidents, comply with all laws and regulators with regard in safety including, but without limitation, the Occupational Safety and Health Ad of 1970 and all rules and regulations eased pursoanl thereto. Revised 09g2014