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HomeMy WebLinkAbout282740 SPORT & FITNESS INC - PURCHASE ORDER - 9147082Fort Collins Date: 12/02/2014 Vendor: 282740 SPORT & FITNESS INC 1409 PIKES PEAK AVE FORT COLLINS CO 80524 PURCHASE ORDER PO Number Page 9147082 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 12/02/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Ordered Unit Price Extended Price FITNESS EQUIPMENT 11/24/14 FITNESS EQUIPMENT 1 LOT LS 1,468.00 2 FITNESS EQUIPMENT 11/24/14 FITNESS EQUIPMENT 1 LOT LS 10,000.00 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 Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fon Collins is exempt from state and Iecal taxes. Our Exemption Number is 98-04503. Federal Excise Tax Exemption Cmificam of Registry 84-6000587 is re%ismat with the Collector of Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1993, Chapter 39-26, 114 (a). Goods Rcjated. GOODS REJECTED due to failure to meet specifications, either when shipped or due W defects of damage in tramit, may be trimmed to you for credit and are rot to be replaced except upon receipt of warm amwetions from the City effort Collier. Inspection. GOODS are subject to the City effort Collins no omm on critical. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can recall in authorized payment on the pan of the City of Fiat Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon ample ion of all applicable required inspection procedures. Freight Terms Shipments must be F.O.B., City of Fact Collins, 70o Wood SL, Fart Collins, CO 80522. Was utherwise specified on this aide,. Upermission is Given to prepay freight and charge amp ritaly, the original freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance, Whem manufacturers have distributing points in various pans of the country, shipment is expected from the nearest dislribulion point to destination, and excess freight will be, deducted from Invoice when shipments are mode from greater distance. Permits. Seller shall procure a1 sellers ante cost all necessary permits, certificates and license required by all applicable laws, regulations, ordinances and rules of the stale, municipality, territory or political subdivision where the work is pabnormal, or acquired by any other duly constituted public authority having jurisdiction over the work of Made, Seiler further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by Mason of an asserted or abbhished violation of my such laws, regulations, ordinances, rules and requirements I I. NONWAIVER. Failure of the Purchaser W insist upon shier perf.momce of the arms and muditiam hereof, failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly matify the Seller in the event of a breach. the -be. .for payment for goodh hertuudm or approval of the design, shall not release the Seller of my.f the warran i. M obligab. of this purchase under and shall at be deemed a waiver of any right of the purchaser to insist upon strict perfo. hereof., any of its rights or mrshimi ss 10 any such goads, regardless of whra shipped, received or nceptrd, as to my prior or subsequent default hereunder, not shall my pluponM oral modification or rescission of this purchase order by the Purchaser operate as a waiver of my of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller cud the Purchaser recognitt that in actual economic practice, overcharges resulting from antitrust violations am in fact home by the Powhauc Theremfore, for good muse and as consideration for executing this purchase order, the Seller hereby aoigns to the Purchaser any and all claims it may now have or hereafter acquired trader federal or state antitrust laws for such overcharges relating to the particular goods or services purchased ar nquined by the Pumhaur pursuant W this purchase oNer. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. IT he Purchaser directs the Seller to correct nonconforming or defective god 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 cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs tommmal with such work. The Seller shall release the Purchaser and its contractors of by live from all liability read claims of any raW,e resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the pay released and shall extend to the directors, officers and employees of such pang. Authoritarian. All panties to this contract agree that the representatives we, in fact, bow fee, and possess full and The Sellers command obligations, including warranty, shall not be dramed to be redpced, in any way, baause complete authority to bind said panics. such work is paime al or caused to be performed by the Purchaser. LIMITATION OF TERMS. This Purchase Order expressly limits warplance to the teem and conditions mated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different teens and conditions proposed by seller art objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou carrot make complete shipment m arrive m your premised delivery date w noted. Time is of the essence. Delivery and performance most h efecled within the time Stared an the purchase order and the documrnh amched hereto. No acts of the purchsuaa including, without limaboun, acceptance of partial lam delicacies, shall opaaW as a waiver ofthis provision, In the event of any delay, the Purchaser shall have, in addition to other legal and equitable mura es, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Sella shall rot be liable far damages as a result of delays due to causes not easonably foresecable which are beyond its masoruble control and without its fault of negligence, such mts of God, acts arced or military authorities, gm'emmmal priorities, fires, strikes, Budd, epidemics hots provided that notice of the conditions causing such delay is given m the Purchaser within five (5) days of the time when the Sella first received knowledge therm[ In the event of any such delay, the date of delivery shall he extended for period equal to the time actually lost by Mason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other desctiptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accoNonce with accepted abounds far work of a similar more. The Seller agrees to hold the purchaser hamtless from any loss, damage or expense which the Purchase, may suffer or into, oa account of the Sellers breach affectation, The Seller shall replace, repair or make goad, without cost to the purchaser. any defects or faults arising within one (1) year or within such longer paired of time as may be prescribed by law or by the terms of any applicable warmly provided by Ns, Seiler after the date of acceptance of the goods furnished hereunder (mceptmce not to be umraunably delayed), resulting from im,a l or defective work dam or materials famished by the Sella. Acceptance or c m of Foodh by the Putrhasm shall not constitute a waiver of any claim under this wa.V. Except as otherwau provided or this purchase aide,, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantors, but such liability shall in no ,at include loss of prefts or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchase envy rake changa to legal terra by women change under 5. CHANGES IN COMMERCIAL TERMS. The Pac onur may rake any changes to the terms. other than legal mans, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or wrinen change order If my such change mTech the amount due oM the time hpitfoemmo, herewrder. tin equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written charge order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable udlustment between the ponies as W any work or malaials then in progress provided that the Purchaser shall not be liable for my claims for anticipated prefix on the uncompleted 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 are the Sellers standard stack. No such termination shall believe the Purchaser or the Seller of any oftheir obligations as to any goods delivered harander. 9. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all gtwds sold hereunder shall have ban produced, sold, delivered and famished in strict compliance with all applicable laws and regulations b which the goods me subject The Sella shall execute and deliver such dnumenb as May be required to effect or evidence complaci All laws and regulations required to be incorporated in agreements of this character am hereby incorporated heroin by this reference. The Sella agrees to indemnify and hold the Purchaser harmless from all cash and damage suffered by the Purchaser as a mull of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neiumr Party shall assign, transfer, or convey this oNer, or my monies doe or W become due bombardier without Ns, prior "am cogent of the other parry. 10. TITLE. The Seller warrants full, clear end mratracted due m the Purchaser fin ell equipment, materials, and it. grubbed in performance of this agtrenmnt, free not clear of my and all Jim, morictimss, moor ataom, security interest mearnbrawas and claims ofothers. 14. PATENTS. Whenever the Seller is required to use my design, device, material or process coverad by letter, palm, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any mad all claims for worm anent by reason of the use of such patented design, device. material or process in estimation with the contract, and shall indemnify this, Purchaser fro my cost, expense or damage which it may be obliged in pay by reason of such infringement m my time during the who mum or after the completion of the work. In rase said significant, or any pan thereof or the imeudN use of the goods, is in such suit held to mmtiurm infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expene and a1 its option, either procure I., the Purehaher the right W routines, using said equipment or parts, replace the scone with substantially and but mninGnging equipment, or modify it so it becomes noninRlngin, 15. INSOLVENCY. If Ns, Sella shall become mulvml or bankrupt, make an assignment for the benefit of creditors, appoint a or We for any of the Sellers property or business, this order may fanhwith be canceled by the Purebaher without liobiliry. lE GOVERNING LAW. The definition, of terms used or the interpretation ofthe agreement and the rights of all parties hereunder shall be constmed under and governed by the laws of the Star of Colorado, USA. The following Additional Conditions apply only in ors where thc Seller is to perform work hereunder, f including the services oSellers Represebti nve(s), on the practises ofothers. 17, SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers awn risk until the same is fully completed and accepted, and shall, in se of any accident, destruction or injury 1. the work ango, wamcials before Sellers final co n,dera o mod acceptance, complete the work at Sellers own expeme anal to the satisfaction of the Purchaser. When marmots and equipment are fumishai by others for inhlallare. or erection by the Sella, the Sella shall arrive, omlead store and handle some at the site sal became responsible duration as though such materiats singer equipment went being( shed by the Sella underfed oNer. 18. INSURANCE. The Seller shall, or his own expense, provide for the payment of workers compensation. including Occupational disease benefits, W as employees employed on or in connection with the work covered by this purchase order, amg.r to their dependents in accordance with that fans Of the state in which the work is to be done. The Sella shall also may comprehensive general liability including. but not limited to, mnmmeal and automobile public liobiliry insurance wish bodily injury and death limits of a least S300,000 far any ous person, S50TOW for any conaccident and property damage lima per accident of SUM.". The Sella shall likewise require his trctor; if any. W provide for such mmpew6on and insumne Before any of the Sellers fir his emtmams .play. shall do nay work upon the premises of ethers, the Seller shoe famish the Purchaser with a cenifcam that such compensation and insurance have born provided. Such certificates shall specify the dam what such ompensation and insurance have been pmvided. Stich cmaficates shall specify the date when such compere a6m and insurance expires. The Sella agrees that such compensation and insurance shall be maintained unfit after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby resumes the entire responsibility and liability for any and all damage, loss or injury ofany kind or nature whatsoever W persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Thomism officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persona or proper, to which the Purchaser may be put or subject by reason of any tit, ration, iii omission or default oa the pan of the Seller, any of his ontrearms, or my of the Sellers or contractors officers, agents or employees. In case my suit or other proceedings shall be brought against the Purchasa,or, its officers, agents or employees at any time on account of by reason of any act, action, neglect, omission or default of the Sella of any of his contractors or any of its or their of ices, .,,a, or employees as aforesaid, the Sella hereby .goes to ammo the defense thereof and m defend the same at the Sellers own expeme, to pay any and all casts, charges, amm,, f and other expenses, any had all judgments that may be fraud by or random We. the Purchaser or any of its or Wev officers, agents or employees m such suits or other proceedings, and in eau jeagmrnr or other lam be placed upon or obmaned Wood the pnryaty of the Purchaser, or said parties in at as a at of such suits or other pmceedangs, the Sella will at once cause the some to he dissolved and diseque eel by giving bond or otherwise. The Sella and his mnlmcmrs shall lake all safety Promotion, famsh sud issbll all guards accessary for the proration of accidents, comply with all has and regulations with regard to safety includin, but original ]-without. the Occupational Safety and Health Act of 1970 mW all rules not regulators issued pursuer, thereto. Revised (Dan 14