HomeMy WebLinkAbout534718 LION APPAREL INC - PURCHASE ORDER - 9145955Fort Collins
Date: 10/14/2014
Vendor: 534718
LION APPAREL INC
7200 POE AVE, SUITE #400
DAYTON OH 45414
PURCHASE ORDER
PO Number Page
9145955 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: POUDRE FIRE AUTHORITY - AD
102REMINGTON
FORT COLLINS CO 80524
Delivery Date: 10/14/2014 Buyer: WILSON. JILL
Note
Line Description - Quantity UOM Unit Price Extended
Ordered Price
1 Nomex Uniforms 1 LOT LS 16,931.02
Inv. 10082356 dated 9/27/2014
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
1.02
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
Page 2 of 2
I. COMMERCIALDETAItS.
Tax exemptions. By statute the City of Fort Collins is exempt from internal local roars. Our Exemption Number as
I L NONWAIVER.
98-04502. Federal Excise Tax Exemption Carlson, of Registry SI-6000582 is registered with the Called., of
Go lure of the Purehsser to insist upon skirt palindrome m7the terms mad conditions hereof, faifre or delay to
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Station 1973, Chapter 39-26, 114 (a).
exereise any rights or remedies provided herein or by law, failure to promptly tw4fy the Seller in den, event of a
breach, the acceptance of or payment for goods harrower or approval of the design, shall not release the Seller of
Gad Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to de as of
nay of the warranties of obligations of this purchase order and shall not W deemed a waiver of any right of the
damage in transit, may be retumd to you for credit and are not to be replaced except upon receipt of written
purchaser to insist upon strict performance hereofor any of its rights ar remedies as m any such goaffi, regardless
instructions from the City of Fort Collins.
of when shipped, received or accepted, as to any prior or subsequent default hereunder Or shall any purported
oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the dermas
Inspection. GOODS ore subject to the City of Pon Collins inspection on arrival.
hereof.
Final Acceptance. Receipt of the merchandise, services or ryuipment in response to this order can result in
12. ASSIGNMENT OF ANI'II RUST CLAIMS,
aurhoriaed payment oa to pad of the City of Fan Collins. However, it is to be, understood that FINAL
Seller and the Purchaser recogrem that in actual economic practice, odurages resulting from Method
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
violations me in fact home by the Purchaser. Theretofore, for good caul, and as consideration for executing this
purchase order, the Sella hereby assigns to the Pumhmcr any and all claims it any now have or hereafter
Freight Terms. Shipments mnsr be F.O.B., City of Fort Collins, 900 Wood St. Fort Collins, CO 80522, It.
acquired under federal or sate antitrust laws for such overcharges adding to the particular goads or services
otherwise specified on this under. Upermission is given to prepay freight and charge sepamtely, the original freight
purchased or acquired by the Purchaser pursuanuo this purchase order.
bill most accompany invoice. Additional charges for packing will get he accepted.
13. PURCHASERSPERe NCEOFSELLERS
Shipment Distance. Whafranufacturm distributingadd iter,excess sarionspads thecountry,Invoice n
detONS.
if me Purification dirtclsrhe Shcermca nonconforming detective m be de on byPunch the
Sella
to d de w
expected from the nearest distribution point to destination, and excess freight will he deducted from Invoice when
marinaindimingor
indicates its inability of unwillingness m comply, the Purchaser
comply,
and the Seller, and the Sellamarinathis
shipments on, made from Beater distame,
may case the work to be porfomld by the most expeditious means available to iL and the Seller shall pay all
be�,. co�
costs msocimd with such work.
Permits. Seller shall procure at sellers sole cast all necessary patrols, certificates and licenses required by all
applicable laws, regulations, on inancn and ales of the state, romicdpagty, mnimry or political subdivision where
the work Is performed, ter required by any ofer duly constituted public authority h: vol,juriulieion over the work
of vendor. Seller further agrees to hold the City of Pon Collins harmless from and against all liability and loss
incurred by them by reason of an reaeded car established violation of any such laws, regulations, ordinances, roles
and requirdnas.
Authorization All parties to this contract agree thin the exp sommtives are, in fact, bona fide and possess full and
complete authority to bind said panics.
LIMITATION OF TERMS- This Purchase Order expressly limits arceptance m the terns and candow. stated
herein set forth and any smppleme Lary or additional term and candidates annexed hat. or incorporated herein by
reference. Any additional or different arm and conditions proposed by seller ter objected m mad hereby reja,ed.
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 perfommnm most he effected within the time
stated on the purchase order and the documents attached hereto. No acts of the Parchaas including, without
limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay,
the Purclader shall have, in addition m mher legal and di Inmedies, the option of placing this order daewhere
and holding the Seller liable for damages. Nowise, the Seller shall not be liable for damages as a result of delays
disc to canoes not reasonably foreseeable which are beyond its reasonable control and withoo, its fault of negligence,
such acts of God, aces of civil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or
dos provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the
time when the Seller Lou received knowledge thereof. In the event of any such delay, the date of delivery shall be
extended for the periad equal 1n me time actually lost by reason of the delay.
3. WARRANTY.
The Seller wmmm ten, all good, articles, ntateaH and word: covered by this maker will conform wit applicable
drawings, specifications, sample* and/or other dncdptions given, will be fit for the purposes immded, and
Performed with the highest degree of are and confidence in accordance with accepted standards for work of a
similar nature. The Seller agrees to hold the pumhoser harmless from any loss, damage or expemr which the
Purchaser my suffer or incur on account of the Sellers breach ofwmrdnry. The Sella shall replace, u paif of make
good, without cost o the purchaser, any defects or faults arising within one (1) year or within such longer periN of
lime as any be prescribed by law a, by the corms ofany appli.blu wmmmy provided by the Seller after he dare of
acceptance of the goods fndshed hereunder (acceptance not to be unreasonably delayed), resulting fmm imperfect
or defective work dune or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not
constitute a waiver of any claim under this warranty. lacepf as otherwise provided in this purchase order, flat Sellers
detail try hereunder shall extend to all damages proximately caused by the breach of any of the foregoing ordinates
or guarantees, be, rich liability shall in no elect include loss of profs or loss of rue. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser nay make changes m legal rem by wring change maker.
5. CHANGES IN COMMERCIAL TERMS.
The Purchase now, make any changes to the feted, either than legal ram¢, including additionex to or deletions fmm
the quantities originally ordered in the specifications or drawings, by verbal or wait change coda. If any such
change affects the amount due or the time ofperfmmance hounder an equitable adjustment shall be made.
6. TERMINATIONS.
I he pounced may at any time by written change order, terminate this agreement as to any or all portion, of the
goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in
progress pruvided that the Parchoser shill flat be liable for any claims for anticipated profits on the uncompleted
Peru..,fire goods a.&., work, for incidental or consequential 6 manes ar and tno such adjustment be made in
Lived of the Seller with respect to any goods which arc the Sellers standard stack. No such termination shall relieve
the Purchaser or the Seller of any oftheir obligations as to any goods delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty (30) days Far the date the change or termination is
undated.
8. COMPLIANCE )WITH LAW.
The Sella wanants that all good sold hertaaer shall have been produced, sold delivered and f ished in s net
compliance with all applicable laws and regulations to which the goods are subject. The Seller shall eserum and
deliver such documents as May he required to effect or evidence compliance. All laws and regulation, required to be
Manufactured in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser handles, from all boats and damages serrated by to Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, Machine, or convey this order, or any monies due or to become due hereunder without the
prior written consent ofhe other party.
10. TITLE.
The Sella warrants full, dea, and unresnicrod life as the Purchaser for all equipment mtedals, and item f ished
in performance of this speemar, free and clear of any and all liens, restrictions, reservationss assembly interest
encumbrances and claims craters.
The Seller shall release the Purchaser and its contramors of any tier fmm all liabiliry and claims of any nature
resulting from the performance of such work.
This release shall apply even in the event of fault or negligence of the piny released and shall extend m the
directors, effects and employees of such parry.
The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because
such work is performed or caused to be performed by the Purchaser.
14. PATENTS.
33fe s,t r the Sella is required to use any design, device, material or Process coved by letter, pa,an, uadcmmk
or copyright, the Seller shall indemnify and save Moulds the Purchase, from any and all claims for mfringemem
by reason of the use of such patented design, device, man,rial or process in connection with the abroad , and
shall indemnify the Purchases for any cost expense or damage which it may he obliged to pay by reason of such
infringement at any time during the prosecution or ales the completion of the work. In case said recipient, or
any pan thermr or the intended use of the goads, is in such suit held to constitute infingement 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 m continue using said equipment or pans, replace the same with substantially equal but
noninfringing equipment, or modify, it so it becomes noninfringing.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of decided, appoint a
receiver 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 erretm and or the interyretatia of the agreement and dn, fights of all parties hertandd shall be
mnsuued under cod governed by the laws afthe State of Colmad., USA.
The following Additional Conditions apply only in cases where the Sella is to perform work hereunder,
including me smicn of Sellers Represenative(s), on me peemisn of armed.
17. SELLERS RESPONSIBILITY.
The Seller shall entry on said work at Sellers own risk until the same is fully completed and accepted, and shall,
in case of any accident, destruction or injury m the work and/or materials before Sellers final completion and
acceptance, complete the work at Sella, own expense and to the solisficaud of the Pumhaser. When materials
and equipment are furnished by others for installation or =sit n by the Seller, the Seller shall receive, indeed,
stare and handle come at the site and become responsible therefor as though such materials and/or equipmen,
were being furnished by the Seller under the order.
18, INSURANCE..
The Sella shall, of his own expose, provide far to payment of woda mmpereado n, including.. Pat,.,
disease benefits, to its employees employed on at in connection with the work covered by this purchase order,
anNo, to their dependents in accordance wit the laws of the state in which the work is to be, done. The Seller
shall also sandy compmhensise general liability including, but not limited to, contractual and automobile public
liability imam.. with Noddy injury and 4-fiv ',-is. afar lean 9W,W0 fw My ... person. S50dc— for any
one accident and property damage limit per accident of 5400,000. The Sella shall likewise require his
commadmis irony, to advice 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 fmish the Purchaser with a crnificam
that such compensmion and imurance have been proviskd Such cenificmes shall specify the dale when such
compensation and insurance have been provided. Such Certificates shall specify the date when such compensation
and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until alter the
entire work is completed and accepted.
19. PRO] F.CTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofay kind
or nature whasmever to persons or property caused by or resulting from the execution of the work provided for in
this purchase order or in connection herewith. The Sella will indemnify and hold hamdess the Purchaser and any
r all of the Purchssers officers, agues and employees fmm and against any and all claim, losses, damages.
charges or expenses, whether dlred or indirect, and whether in persona or impurity to which me Purchaser may
be put or subject by damn of any act action, neglect, omission or &fault on the part of me Seller, any of his
o..,. , or any of the Sellers or mmmrtma .Rica, ages or employees. In case any suit ad other
proceedings shall he brought against the Produced. or its officers, agents or employms at any rime on account or
by reason of any act, action, neglect, omission or default of the Sella of any of his contractors or any of its or
their officers, agents or employees as aforesaid the Seller herby agrees to assume the defense thereof and on
defend the same at the Sellers own expense, to pay any and all costs, charges, attamcys Less and other expenses,
any and all judbments that may be incurred by or obtained against the Purchaser or my of its or their okras,
agents o, employees in such suits or other proceedings, end in case judgment or the, lied be placed upon or
obtained against the property of the Purchaser, or said parties in or as a result of such suits or other proceedings,
the Seller will at once cause the same to be dissolved and discharged by giving band or otherwise. The Seller and
his contractors shall take all safety precautions, famish and install all guards necessary for the prevention of
accident, comply with all laws and regulations with regard to aafery including, but without limitation, the
Occupafiahal Safety and Health Ad of 1970 and all ales and ¢gulations issud Pon., memo.
Revised 07n014