Loading...
HomeMy WebLinkAbout282740 SPORT & FITNESS INC - PURCHASE ORDER - 9146758Fort Collins Date: 11/19/2014 Vendor: 282740 SPORT & FITNESS INC 1409 PIKES PEAK AVE FORT COLLINS CO 80524 PURCHASE ORDER PO Number Page 9146758 loft This number must appear on all invoices, packing sli s and labels. Ship To: NORTHSIDE AZTLAN COMMUNIT CITY OF FORT COLLINS 112 WILLOW FORT COLLINS CO 80524 Delivery Date: 11/19/2014 Buyer: WILSON, JILL Note: Line Description Quantity UOM Unit Price Extended Ordered Price I fitness equipment Invoice 3577 dated 11/17/2014 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 1 LOT LS 13,275.00 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 5 of 5 1. COMMERCIAL DETAILS. Tax exemptions. By stsNle the City of Fon Collins is exempt been stale and local taxes. Our Exemption Number u 11. NON WAIVER. 98-0 502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the purchaser to insist upon stict performance of dw terms and wnditimes low-C, faihm or delay to 1wwmdl Revenue, Doan, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a), exeaise my rights or mmdies provided herein or by law, failure to promptly vilify the Seller in the event of a breach, the xceptance of or payment for goods hereunder or approval ofdre design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of may of the wurravlies w obligations of this purchase order and shall or be demand It waiver of any right of the damage in Ransil, may be reamed to you for credit and are not to be replaced except upon receipt of wrinen purchaser m insist upon strict performance hereof., any of its nghts or mnedies as to my such goods, regardless instructions fmm the City of Pan Collins. of when shipped, received or mentoL as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of my of the moms Inspection. GOODS are subject to the City of Fan Collins inspection an arrival. hereof. Final Acceptance. Reent, of the mcmhandise, services w q.ipmmt in response m Nis maker can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. s.honxd payment on the pan of the City of Fair Collins. However, it is m be understood that FINAL Seller and the Purchaser recognize that in acnul accomentic practice, mammonist resulting fmm mtimut ACCEPTANCE is dependent upon completion of all applicable requird inspection procedures. violations art in fact home by the Purchaser. Theremfom, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Teats. Shipments most be F.O.B., City of Few Collins, ) W Wood St., Fort Collins, CO 80522, unless acquired under federal or stare antihust laws for such overcharges relating as the particular goods or services oferwise specified on His other If permission is given to prepay freight and charge separately, the capital freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most mcomwnv invoice. Additional chorea for vackinm will rot be accmtd Shipment Distance. Where manufacturers have disc 3utinS Points in venous pans of the country, shipment is expected from the nearest distribution poi. to destination, and excess freight will be deducted from Invoice when shipments am made Gom greater distance. Permits. Seller shall procure at scllen sole cost all accessary permits, mnificams and hances tquiml by all applicable laws, regulations, ordinances and rules of the state, municipality, temmry or political smdwation where the work is performed, or required by my other duly constimted public authomy bavingjimer aton or,, the wed: of vmdor. Sell, further agrees to hold me City of Fon Collins harmless from and against all liability end loss nmrred by them by reason of an asserted or established violation of tiny such laws, regidown,, ordinances, rates and requirements. Ammonation. All parties to this contract agree that the representatives are, in f t, bons+ fide and prsxss full and complee aurhariry to bind said Farm.. LIMITATION OF TERMS. This Purchase Order expressly limits maptmc, m the terms and conditions stated herein set forth and my supplementary or additional tears and conditions amexnt hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by sellm on, objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immdwely ifyou cannot make complee shipment o arrive on your promised delivery dine as noted. Time is of the essarea Delivery and perfomomm must be, effected within the time sated m the purchase order and the documents attached hereto. No acts of the Iswelown, including, without hernia im, accepmnce of partial lam deliveries, sbull operate. a waiver wdin provision. In the Want of any delay, Me purchaser shall have, in addition to ether legal and equitable remedies, the option of placing this order elsewhere and bolding 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 are beyond its reasonable anvil and without its fault ofnegligmee, such acts ofGad, acts ofcivil or military authorities, pionso mal pnoritics,rates, strikes, Band, epidemics, wars or riots provided chat mice of the conditions causing such delay is given a der Purchaser within five (5) days of the time when the Seller fast received knowledge thereof. In the Want ofmy such delay, the date of delivery shall be extended for the p.iod equal m the time actually lost by reawn of the delay. 3. WARRANTY. The Seller wmams Oar all gnais, articles, amounts tints and work covered by Nis aide, will conform with applicable drawings, specifications, samples m&or or descriptions given, will he fit for the proposes intended, and performed with the highest degree of care and compneeme in mmoduece with accepted standards for work of a imilar nature. The Seller agrees m hold fire purchaser harmless from my loss, damage or expense which Me Pumbssn may suffer or incur oa acman, of des Sellers breach of wamnty. The Seller shall replace, repass or make good, without cost to the purchaser, my defects or faults wising within one (1) year or within such longer period of time as may be prescribed by law w by the terms of any applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials fnnishd by the Seller. Acceptance or use of gaols by the Purchase( shall not institute a waiver ofany claim maker this warranty. Except as otherwise Provided in this purchase order, the Sellers liability b,euoder skull extend to call damages proximately mused by the breach of my of f foregoing wmmlies or gvamnttts. bur such liability shall in no went include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Puchas, may make changes to legal twrns by wrinen change order A CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal items, including additions to or deletions ferns the quantities originally ordered in the specifications or drawings, by verbal or wrinen change order. If any such change affects the amount due or the time of peformance hereunder, an equitable adjustment ahall be made. 6. TERMINATIONS. The Pumhner may at any time by women change order, terminate this ageemem as to my or all protons of the goods On not shipped, subject o any equitable adjuumens b bacen We parties as in any work or materials then in progress provided that the Purchaser shall or be liable for any claims far anticipated profits on We uncampind portion of the goods amO r work, for incidental or consequential damages, and that no such adjwtmmt be made in favor of the Seller with resp,t to any goods which are the Sellers standard stock. No such lamination shall relieve Me Purchaser or the Seller of any oftheir obligations as to my goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjusmrcnt most be assured within Wirth (30) dart fur the date doe change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants ,bat all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and mplanor in which We goods are subject. The Seller shall execute and deliver such dotmmmts. may be required m effect wevidmce compliance. All laws.d rcgulanans required to be incorporaed in agreements of this chmaner are hereby mrsotpornd herein by this refinance. The Seller spaces in indemnify and hold the Purchaser harmless from all costs and timing. su@red by the Purchaser as a null of We Sellers failure to comply with such law. 9. ASSIGNMENT. Neither may shall assign, transfer, or convey this order, or my monies due or m become due hereunder without the pear wrivm ..at of the oth, parry. IO.TITLE. The Seller warrants full, claim and unrestricted title to We Purchaser for all equipment, materials, and items famisbd n performance of this agreement, free and clear of any and all liens, restiin um. reservations, security interior encumbrance and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaer directs the Seller in careen nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may come the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and us commcmrs of any tier, from all liability and claims of any metre resulting (mac the performance ofmch work. This release shall apply even in the event of fault of negligence of the parry relmsd and shall extend to the direcmrs, offcers and employees afaurh way. The Seller's contactml obligations, including warranty, shall not be deviant to be reduced, in any way, because such work is wKoomd in rausd m be perfmmd by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by lamer, point, trademark or copyright, the Seller shall indemnify and save hamtless the Purchaser 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 Purchaser for any cost, exwnu or damage which it may he obliged to Pay by reason of such infringement at my time durin8 the persecution or after the completion of the work. In case said equipment, or my pan Macau or the intended use of the goods, is in such it held,. constitute infringement and the sex of said equipment or pan is joinnt, the Sella, shall, at its own expense and at its option, either procure fur the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment, or codify it so it becomes nortinfringing. 15. INSOLVENCY. If roe Sella shall become insolvent of bmkrupt, make an essignroent for the bench, of erdimrs, appoint e pecativer or ounce for my of the Sellers property or business, this order may forthwith be anneal by We Purchaee without liability. 16, GOVERNING LAW. The definitions of tense used or the interpretation of the agreement and the rights of all patties lawmaker shall be common under and governed by the laws ofthe State of Colorado, USA. The following Additional Coodi,iona apply ready in roses where the Seller is m perform work heretmd,, including the services of Sella Repreaenmive(s), an she premises of others 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completd and accepted, and shall, in raw of any accident, destruction or injury on the work and/or matmals before Sellers final completion and mceparre, complete the work at Sellers own expense and in the satisfaction of the purchaser. When monarB and equipment are frmislrcd by others far militiaman or invasion by the Seller the Seller shall receive, mlmd, stare and handle same at the site and become tespreasfle therefor as Waugh such materials andi equipment were being famished by the Seller uMer dw order. 18. INSURANCE. The Seller shall, at has own expense, provide for the wymmt of workers compensation, including occupational disease benefits, . its employees employed on or in courection with the work covered by this purchase order, andor as their departments in accordance with We laws of the sale in which the week is as be Mane. The Seller shall also carry compreherssive general liability including, but not limited to, emotional and commobile public liability insurance with bodily injury and death limits arm least $3M," for any one Pasco, S500,000 for my one accident and property damage hour 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 O, his contractors employees shall do any work upon We pamisew of others, We Seller shall famish the Purchaser with a cenificate that such mmpnscation and immuanec have been provided Such renificares shall specify the date when such comprammun and inmpow, have been provided. Such eaenfueat. shall specify the dare when such mmpettsution and Miam ce expires. The Since anew Oat such ammunitions s and insurance shall b, maintained until after We mtirc work is completed and mceptd. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby aswarn as We entire empomibiliry and liability for any and all damage, loss or injury of any kind or metre wharmever to persons or property c staed by or resulting from 6a saction orm, work provided for in this purchase order or in connection hertwida. The Seller will indemnify and hold hannlaux the Purchaser and my or all of We Pu,chasers officers, agents and employees from and against my and all claims, loss., damages, charges w expenses, whether direct or indirect, and whether to persons or Property to which the Purchaser may be put or subject by reason of my act, action, neglect, omission or default on the pan Of the Seller, any of his contractors, or any of the Sailers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against We Purchist or its officers, agcros or employees at any time on account ar by reason of my act action, .glwt, omission or default of the Seller of any of his commas rs or my of its or Man .Ricers, agents or employees . nocassfid, the Sell, hereby agrees to sasume We defense therm( and to defend We ante at We Sellers awn expetsu, to pay any and all rents, charm., moneys fees aM other expenses, any and all judgments Mat may he incurred by or obtained against the Purchat or my of its or their officers, agents or employees in such suits or other proceedings, and in case judgmmt or other lien be placed upon or obtained against the property of the Purchaser, or said parties in or as a result of such suits or mho procedirip, Me Seller will at once cause the same to be dissolved and ducleargd by giving bond or otherwise. The Seller and his contractors shall take all safety prmautions, furnish and install all guards nmeaany for We prevention of accidents, comply with all laws and regulations with regard to safety wcludin& but without limitation, the Occupational Safety and Hindus Act of 1970 and all rules and regulations issunt pan=( Werner. Revised 07a014