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HomeMy WebLinkAbout282740 SPORT & FITNESS INC - PURCHASE ORDER - 9145686Fort Collins Date: 10/01/2014 Vendor: 282740 SPORT & FITNESS INC 1409 PIKES PEAK AVE FORT COLLINS CO 80524 PURCHASE ORDER PO Number Page 9145686 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: POUDRE FIRE AUTHORITY -AD 102 REMINGTON FORT COLLINS CO 80524 Delivery Date: 10/01/2014 Buyer: WILSON, JILL Note: Line Description Quantity UOM Unit Price Extended Ordered Price Fitness Equipment 1 LOT LS 7,540.00 Inv. 3566 dated 9/24/2014 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 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 Condit ores Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By stone the City of Fort Collins is exempt from state and local taxes. Our Exemption Number Is 98-09504, Federal Excise Tax Exemption Certificate of Registry 84 6000589 is registered with the Collector of Internal Revenue, Denver, Colorado (Rill Colorado Revised Minutes 1993, Chapter 39-26, 114 (a). Goods Rejected GOODS REJECTED due to failure to meet speiffici ie t, either when shipped or due I. defer¢ of damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of wrinen instructions from the City of Fort Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response in this older canresult in Pubmictd payment on the part of the City of Fen Collins. However, it is m be undcrsteod thoFINAL ACCEPTANCE is dependent upon completion of all applicable rryuird inspection procedures. Freight Terms. Shipments most be F.O.B., City of Fort Collins, 700 Wood St, Fan Collins, CO 80522, unless otherwise specified on this older. If permission is given to prepay fier'glm and charge separately, the anginal freight bill mart accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various onto of the country, shipment is expected from the nearest distribution point to distinction, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, cefi ficates and licenses nyvird by all applicable laws, regulations, ordinances and mles of the state, municipality, terrimry or political subdivision where the work is performed, m required by any other duly constituted public authority havingjurisdiction aver the work of vend., Seller funhar agrees to hold the City of Pert Collins harmless from and against .11 liability and loss recurred by them by reason of an asserted or established violation.( any such laws, regulations, ordinances, rates and r smiminerm. Authoriaati.n. All ponies to this contract agree that the repamin etwes are, in fact, From fide end possess full and complete authority to bind said punier. LIMITATION OF TERMS. This Purchase Older expressly limits acceptance to the terms and conditions stated herein set him and any supplementary or additional teens and conditions annexed hereto or inenryorated herein by references. Airy additional or different terms and conditions prep.sed by seller are objected to and hereby r jested. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ify.0 cannot make complete sbipmem to once oa year promisd delivery date as noted Time is of the essence. Delivery and performance mull be offend within the time staled on the purchase order and the documents attached hereto. No gets of the Purchasers including, without limitation, acceptance ofpanial late deliveries, shall operate as a waiver of this provision. In Ore 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 damages. However, the Sells, shall not be liable for damages as a remll of delays due to causes not easonably foreseeable which are beyond its reasonable contml and without its fault of negligence, such acts of God acts efcild or.1111.1 authorities, governmental priorities, firer, strike, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchase, within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that .11 goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples anchor other descriptions given, will be fit for the purposes intended, and perf rid with the highest degree of care and competence in accordance with accepted standards for work of a 'milar nature. The Seller agrees to held the purchaser harmless from any loss, damage or expense which the Purchase may offer m incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults mising within one (1) year or within such longer period of time as may be prescribed by law or by the time of any applicable warranty provided by the Seller alter the die of wepmnee crony goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect o, defective work done or mmdals famished by the Seller. Acceptance or use of goods by the Purchaser shall net 0nstitute a waiver of any claim under this warranty. Except a otherwise provided in this purchase older, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties of guarantees, but such liability shall in no event include loss of profts or loss of use. 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 comae. change .,do,. 5. CHANGES IN COMMERCIAL TERMS. The Pumhasrmay make any changes to the terms, other than legal terms, including additi as to m deletions from the quantities originally ordered in the specifications or drawing, by verbal o written change .,it,,, If any each change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchase may at any time by cannon change order, temf ester flu, agreement as to any or all soomr, of the goods then not shipped subject in any equitable adjustment between the parties as to mywork or materials then in progress provided that the Purebaser shall not be liable for any claims for anticipated profits on the uncrmpleted portion of the goods anchor work, for incidental or consequential damages, and that no such adjustment be made in to,., of the Seller with respect I. any goods which as. the Sellers standard sock_ No such termination shall relieve the Purchaser or the Seller of any of their obligations ax to any gaols delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the dale the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants dual all goods sold hereunder shall have been produced, sold, delivered and famished in strict ..pit ..c with all applicable laws and regulations to which the goods are subject The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations agained to be neopomfed in agreements of this character are hereby incorpormd herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers f Ito 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 without he prior written consent ofthe other parry. 10, TITLE. The Seller warrants lull, clear and unrestricted till, to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of Pay and all liens, restrictions, reservations, security interest encumbrances and claims of others. 11. NON WAIVER. Failure of the Purchaser to insist upon street perfomaees of the terms and conditions hereoft fit are or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance.for payment for goods hereunder or approval ofthe design, shall or release the Seller of any of the wauanlies or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict sumrri ns, hereof or any of its .,his or remedies as m any such goads, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser, .perme as a waiver of any of the tonics hereof 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser isommoxe that in actual common, practicq overcharges resulting from antitrust vielations are in fact borne by the Purchaser. Theretofore, for ..it cause cod as consideration for esocithng this purchase older, the Seller hereby assigns to the Purchaser any and all claims it may now have or heew0ea acquired coder federal or state contrast laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant to this Purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Sete, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may now, the work to be performed by the most expeditious means available m it, and the Seller shall pay all costs nominated with such work. The Seller shall release the Purchaser and its contractors of an, for from all liability and claims of any net. resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the pray released and shall extend to the directors, Preen, and employees oferch party. The Sellers contractual obligations, including wvrrunty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchase. 14, PATENTS. Whenever the Seller is required to use any design, device, martial or process coved by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connecting with the contmer, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reining 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 use of the gods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes nownfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt make an assignment for the bench of credlmrs, appoint a receiver or Passive for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNFNG LAW. The definitions efmrms used or the interyrettion fthe agreement and the rights of all parties hereunder shall be construed under and governed by the laws i f the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Represennutive(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the more is fully completed and accepted, and shall, in se of any accident, destruction or injury to the work maker materials before Seller's final completion and e eeplPace, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall receive unload, sire and handle same ar the site and become resprmible therefor as ISough rich materials and/or equipment wee being furnished by the Seller made the order. 18. INSURANCE, The Seller shall, at his own expense, provide for fee payment of workers compensation, including occupational disease benePo,, to its employees employed on or in engineering with the work covered by this purchase order, anchor to their dependent 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, bur not limited to, contractual and automobile public liability incur -PI, with bubly injury and death limits of at least 5300 OJO for any one poison, S50Q000 far any one accident and property damage limit per accident of S40Q000. The Seller shut] likewise r®gmim his contractors, if any, m provide for such compensation and insurance. Before any of the Sellers nr his contractors employees shall do any work on. the premises of others, the Seller shall famish the Purchaser with a vociferate that such compensation and insurance have been provided. Such certificates shall specify he dare when such .nmbreation and insurance have been provided. Such certificates shall specify the date wheu such compensation and insurance expires. The Seller agrees that such overpressure and insurance shall be maintained until after dae wire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire raponsbiliry and liability for any and all damage, loss or injury crony kind r nature whatsoever to persons or property caused by or resulting from the execution Fthe work provided for in this purchase order in in connection herewith. The Seller will indemnify and hold homeless the Purchaser and Pay r all of the Purchasers officers, agents and employees from and against any 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 my ac4 action, neglect, omission or default on the pan 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 its officers, 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, agents or employees as aforesaid, the Seller heeby agrees to assume the defense thereof and to defend the same at the Sellers awn expense, to pay any and all cost, charges, an.meys fees and other expenses, any and all judgment that may be incurred by or obtained against the Purchaser or any of its or their officers, agent or employees in such was, or other proceedings, and in case judgment in other lien be placed upon or churned against the property of the Purchaser, or said parties in or as a result of such suits or other pr arbdings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guards necessary for the prevention of ccilo w, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety art Health An of 1970 and all roles and regulations issued pursuant thereto. Revised 0712D14