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HomeMy WebLinkAbout282740 SPORT & FITNESS INC - PURCHASE ORDER - 9146864Fort Collins Date: 11/24/2014 Vendor: 282740 SPORT & FITNESS INC 1409 PIKES PEAK AVE FORT COLLINS CO 80524 PURCHASE ORDER PO Number Page 9146864 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: 11/24/2014 Buyer: WILSON, JILL Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Fire Station Fitness Equipment Quote dated Nov. 19, 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 15,045.00 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 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By waste the City of Fort Collins is exempt from stale and local taxes. Our Exemption Number is I L NONWAIVER. 9841,1502. PNeral Excise Tax Exemption Cenific.m of Registry, 84-6000587 is registered with the Collector of Failure of the Purchaser W insist upon strict performance of the aeon and condition hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Stahks 1973, Chapter 39-26, 114 (a). exeaise any rights or remedies provided herein or by law, failure to pmmptlY notify me Sella in the event of a breach, f acceptance ofor payment far goods him under or approval of f deign, shall .1 ml— the Sella of Good Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due m defects of my of the warranties en obligations of this purchase order and shall rot be deemed a waiver of any right of me damage in lrareit, may be returned to you for credit and am not m be, replaced except upon receipt of written Purchaser to imist upon strict Performance hereof or any of its rights or mmedies as to my such goad, regardless instructions from the City of Fart Collins. of when shipped, received or accepted, n to any prior or odeas,u..I default hercmdn, nor shall any purported oral modification or rescission of this purchase order by the PurcM1ner operate as a waiver of any of the terns Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Rand of the merchandise, s.lces or equip user in eapotse a this order ern result in 12. ASSIGNMENT OF ANTRRUST CLAIMS. sulmriud peMan on the Far of the City of Fart Collins. Hmsever, it is to be und.mod door FINAL Sella and the Purchaser mageriu that in acreal «anemic practice. overcharges resulting form antimat ACCEPTANCE is dependent upon completion ofall applicable required inasem n procedures. violations ere in fact Fame by the Purchaser. Themmfore, for good cause and as consideration far exembng this purchase order, the Seller hereby assigns to the Purchase any and all claims it may now have or hereafter Freight'I ores. Shipments most be F.O.B., City of Fort Collins, 900 Wood St., Fort Collins, CO 80522, unless acquired under federal or state antitmst laws for such overcharges relating to the particular good or services otherwise specified on this order. If Permumon is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchuer pursuant to this pmclwae order. bill must accompany invoice. Additional charge, for Parking will not be ¢anted 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. WM1ere ounafntim. have dismbming paints in various pans of de, country, shipment is Ifine Purchaser direct else Sella to correct coneonfoaming a defective goads by.dme b be agreed upon by the expected brain the nearest distribution point to definition, and excess freight will W deducted from Invoice when Pmxh a and the Seller, and the Seller thereafter indicates its Liability or unwillingness b comply, else Pumhaa shipments arc made from Printer distance. may, cause the work to be performed by the most expeditious means available m it, and the Seller shall pay all costs associated with such work. Permits. Seller shall praunt at sellers sale cost all necessary permits, certificates and licenses required by all applicable lawn, regulations, ordi,ances and miles of the scam, municiylily, came, or political subdivision wham rise work is Performed Or retained by any other duly mrommted public authority havingjurisdierion over the work of leader. Sella further eggs to hold the City of Fort Collins harmless f and againt all liability and loss incurred by them by reason of an awned a extabluhed violation of any such laws, regulation, oedlunces, rules and requirements. Authorization. All parties to this contract agree that me representatives are, in fact, bona fide and possess full and complete authority to bind said panla. LIMITATION OF TERMS. This Purchase Order exprtssty limits acceptance to me mint and condition seated herein set forth mall any suppmmmtmy or subliminal terms and conditions annexed hereto m incoryomtM herein by rameence. Any subloo it or liffand rants ate condition proposed by Sella ere objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immedimely if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance most be effected within the time stated on the purchow under ate the document muched harm. No acts of me Peoubaers including, wide m limimtion, acceptance ofpmial late delivmes, shall operate as a waives of this provision. In the neat of any delay, the Purchaser shall have, in addition 1a other legal and equitable eanedies, the option of placing this order elsewhere and holding the Sella liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence, such acts of God, acts ofeivil or military authorities, governmental priorities, Ems, srikes, flood, epidemics, was or no x provided that notice of the conditions causing such delay is given to the Pmrchaser within five (5) days of the time when the Seller felt received knowledge thereof. In me event of any such delay, the date of delivery shall be extended for f period equal to the time actually lost by nation off delay. 3. WARRAMY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the porpoises intended, and performed with the highest degree of care and competence in accordance with incepted standards for work of a similar punt. The Sella agrees to hold the purchaser harmless from any lass, damage or expense which the Purchaser may suRer or incur an acrount off Salle. breach of w. ,y. The Sella dull end., repair or make good, wifut cost to the purchaser, any defects or faults miring within one (1) Year a within such longer period of time as may be pracnbed by law or by the terns of any applicable warranty provided by f Seller ether me time of acceptance of the good famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of good by the Purchaser shall not onditax a waiver of my claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately c aced by the breach of any of the foregoing warrntia or pormaxes, but such liability shall in no event include loss ofpmxfit 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 written change order 5. CHANGES IN COMMERCIAL TERMS The Purchaser may make my changes to the terms, other than legal temp, including additions to or deletion Imm me quantities improtlly mdncd in the specifications or drawings, by vabol or wairen change order. If any such change affects me amounr due or f time ofperfomuaace hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order mo rmate this agreement as to any or all portions of the goods then on. shipped, subject to any estimable adjustment between the parties as to any work or marmots then in progress provided that me Purchaser shall rant be liable for any claims for anticipated profits on the uncompleted pinion of f good and/or work, for incident-] m consequential damages, and that no such sdjua ems be made in favor of the Sella with impact to my grads which art me Sellers snmedard stack. No such mrmination shall relieve me Furchuer or the Sella fany afineu obligations. to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or Intimation is ordered. 8. COMPLIANCE WITH LA W. The Seller warrant that all Reeds wld beeeander shall have been produced, sold, delivered and Finished in stria compliance with all applicable laws and regulation to which the good arc subject. The Seller shall execute and deliver such document as may be required to effect or evidence compliance. All laws and regulations textured to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees m indemnify and hold the Purchaser hamdess ban all costs and damages suffered by the Purehosn as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or my monies due or in bvione due hereunder without the prior written consent of the erne, party. 10. TITLE. The Seller warrants full, clear and committed title to the purchaser far all equipment, rmtentils, and it. famished in performance of this agreement, free and clear of my and all lien, mamierions, reservations, saunry intenest mcumbrmces and claims of others. The Sella shall release the Purchaser and its contractors of my tie, from all liability and claims of my nature resulting form the Performance attach woo. This .1. shall apply wen in the went of fault of negligence of the party released and shall extend m the directors, officers end employees ofauch party. The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused b be performed by the Parc rear. 14. PATENTS. Whenever the Seller is ealuiral to use my deign, device, material or process cownend by letter. Point, vademak or copyright, the Seller shall indemnify and save hmmleas 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 Ibr any cost, expense or damage which it may be obliged to pay by reason of such infringement at my time during the prosecution or after the completion of the work. In case said aluipment, or my pan thereof or the intended use of me goods, is in such suit held to contimm infringement and the use of said equipment or part is enjoimd the Seller shall, at its own expense and m its option. either percent for f Purchaser the right m continue using said amipmend or part, replace the same with subs-ntiaRy equal but noninfnnging equipment, or modify it so it baccom naninbrinotig. 15. INSOLVENCY. If the Seller shall become insolvent or bmrkropt, make an assignment for the benefit of creditors, appoint a receiver or trustee for my of the Sellers propmy or business, this order may forthwith be canceled by the Pmchasce without liability. I& GOVERNING LAW. The definition ofterms used or the interpretation ofmc agrcemenr and the rights of all parties hasunda shall be construed under and governed by the laws of the Sum ofColamdo, USA. The following Additional Canditiom apply only in cases where the Seller is to perform work hereendeq Including f survival of Sellers Reprnmeative(s), an f premium of ohan. 19. SELLERS RESPONSIBILITY. The Sella shall many on said work at Seller's own risk writ the smrc is fully completed and acceptM, and shall, in se of any accident, destruction Or injury to the work maser materials before Seller's final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and gm,norm are fiunished by others for installation a erection by the Sella, the Seller shall receive, mlmd, state and handle same at me site and became responsible merefor as tough such materiaf mdsor equipment were being furnished by the Seller coda me order. 18. INSURANCE. The Sella shall, at his own expense, provide for the payment of workers compensation, including occupational disease bone ts, to it employees employed on or in connection with the work covered by this purchase order, and/or 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, but and limited te, conterchad and automobile public liability incomes, with bodily injury and dram limits of at least 5300,000 for any om person. S500,000 for my one accident and property damage limit pa accident of 5400,000. The Seller shall likewise require his continuous, if any, to provide for such compensation and iaumeae. Before my of me Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purebasa with a certificate that such compensation and insurance have been provided. Such cenifema shall specify the date when such compensation and insurance have been provided Such Indicates shall specify the date when such compensation and a mount expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and ncceptcd 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby incomes the entire responsibility and liability for my and all damage, loss or injury of my kind or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, agent and employees from and against my and all claims, losses, damages, changes m expenses, whether direct or indirect, and whefr on persons or property m which me Purchaser may be par or subject by reason of any act, scrio, neglect, omission a default on the pan off Sella, my of his conmctom on my off Sell. or commchm ofa s agents or employees. In case any suit or rather proceedings shall be brought against me Purchaser, or it officers, agents or employers at my time on accoum 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 hereby agrees to assume the defense menmf and to defend the name or the Sellers own expenu, to pay any and all cuts, charges, ra omeys fees and other apeues, my and all judgments that may be intoned by or obtained against the Functional or my of it or their officer, agents Or employees in such suits at other proceedings, ate in case judgment or other lien be pfeed upon or ob-Lied against me property ofine Purchases, or said parties in or a a remit of such suits a omen proceedings, the Sella will at once cause me same to be diswlved and discharged by giving bond or ohaishoe. The Sella and his comeacmrs shall take all safety precautions, furnish and install all guards momentary for the prevention of accidents, comply with all laws and regulation with regard to safety including, but without limitation, the Occupational Safety and Health Act of I970 and all roles and regulation issued pursuunt thacm. Revised 07n(114