HomeMy WebLinkAbout132379 ENCORE UNIFORM & APPAREL - PURCHASE ORDER - 9147108PO
PURCHASE ORDER 914710er Page
C'li)/ of PURCHASE
47108 1 of z
Flirt Collins( his number must packing
',-\V`I ` V �7 on all invoices, packing
sli s and labels.
Date: 12/03/2014
Vendor: 132379
ENCORE UNIFORM & APPAREL
1420 RIVERSIDE AVE SUITE 102
FORT COLLINS CO 80524
Ship To: TRAINING FACILITY
POUDRE FIRE AUTHORITY
3400 WEST VINE
FORT COLLINS CO 80521
Delivery Date: 12/03/2014 Buyer: WILSON, JILL
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 Uniform shirts
Invoice 32310 dated 11/5/14
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
20,161.16
11.10G:
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 DETAIM.
Tax exemptions. By statute the City of Pon Collins is exempt from state and local taxes. Our Exemption Number is
11. NONWAIVER.
98-04502. Federal Excise Tax Exemption Certificate of Registry 84�6000580 is registered with the Collector of
Failure of the Purchaser to insist upon stda performance of the lemn road conditions hereof, failure or delay to
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a).
exercise any rights or remedies provided herein or by law, failure to Promptly and fy the Seller in the event of a
breach, the accepmnce mfor payment for goods hereunder or approval ofthe design, shall not relwase the Sella of
Goods Rejected, GOODS REJECTED due m failure to meet specifications, either when shipped or due to defects of
any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the
damage in .nsil may be returned m you far credit and are not m be replaced except upon receipt of written
purchaser to insist upon strict performance hereof., any of its rights or remedies as to etry such goods, regardless
instructions fmm the City of Fort Collins.
of when shipped, received or excepted, as to any prior or subsequent default hereunder, rear shall any puryoned
oral modification or rescission of this purchase order by the Purchaser operate as a waiver of my of the team
Inspection. GOODS are subject o the City of Fort Collins inspection on arrival.
hereof.
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order ran result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
aurhmbo d payment . the pan of the City of Far Collins. However, is is an be understood Nat FWAL
Sella and the Purchaser recognim that in acwl examine practice, overcharges readrwg firms it.,
ACCEPTANCE is dependent upon completion craft applicable required inspection procedures.
violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this
Foxhole order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
Freight Tams. Shipments most be POD., City of Fort Collins, 700 Wood Sri, Fort Collins, CO 80522. unless
acquired under federal or sum multrmt laws for such overcharges relating to the particular goods or services
otherwise specified on this order. Upermission is given to prepay freight and charge separately, the original freight
Purchased or acquired by the Fairchild pursuanmo this purchase order.
bill must wesomnanv invoice. AOdaioml chances fur oakion will not be accepted.
Shipment Distance. Where manufacturers have distributing points in writes pans of the country, shipment is
expected from the nearest distribution point to denaturation, and excess freight will be deducted fmm Invoice when
shipments are made fmm greater dutande.
Permits. Seller shall procure at sellers sole cost all orasvry permits, certificates and licenser required by all
applicable laws, regulations, ordinances and roles of mho state, municipality, temrory or political subdivision where
the work is performed, or required by any other duly continued public authority bavingjunsdiction over the work
of version Seller fuller agrees to bald the City of For Collins hmmleas from and against all liability and loss
andrtd by them by reason of an asserted ear established violation of any such laws, regulations, ordinanca, rules
erequirements.
Authoriantion. All parties to this contract agree that the reps ddatids are, in fact, bona tide send possess full and
complex mthmdty to bind said panics.
LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terms and traditions seared
herein set fund and any sapplemm,., or additional tams and conditions annexed haem or into amord herein by
refeence. Any additional or different team and conditions proposed by seller are objected to and hereby rejected.
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 Performance most be officered within me time
smnd on the purchase other and the dwumens machM hereto. No ands of the Purchasers including• without
limilrom, accepmnce of partial lade deliveries, shall operate as a waiver of this provision. In the event of any delay,
the Purchase, shall have, is addition to otlma legal and equitable candid, the option ofplacing this order elsewhere
and holding 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 cannot and without its fault of negligence,
such acts of God, acts of civil or military authorities, governmental priorities, fires, strikes, Bond, epidemics, was a
riots provided that notice of the cunditimns causing such delay is given to the Purchaser within five (5) days of the
time when the Seller first excised kmwledge thereof. In the on, of any such delay, the date of delivery shall he
extended fm the period equal to the time actually lost by rwson ofthe delay.
3. WARRANTY.
The Seller watmns 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 far the purposes intended, and
performed with the highest degree of wre and competence in accordance with accepted standards for work of a
similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the
Purchaser may suffer or incur on account of the Sellers breach of wanunty. The Seller shall replace, repair or make
good, without as, ra the pullover, any defiers or faults arising within one (1) year or within such longer period of
time as may be prescribed by law or by the terms of any applicable warranty provided by the Sella after live date of
acw,,. of the good f ished hereunder (acceptance at to be unreasonably delayed), resulting floor irmdfect
or defective wad done a mmmals famished by the Sella. Acceptance or use of goads by the Purchaser shall not
c ustimte a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately caued by the breach of any of the foregoing iscommies
or guammods, but such liability shall in no event 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 Purchaser may make changes to legal terms by wtiven change order
5. CHANGES IN COMMERCIAL TERMS.
The Purchasermay make any cla nga to the tams, other than legal terms, including additions to or deletions from
the quantities originally ordered in the specifications or drawings, by verbal or written change maker. If any such
change alTece, the smount due a the time of performance hereundd, an ryuital le adjustment shall be made.
6. TERMINATIONS.
The Puahaser may or any time by written change order, terminate this agreement as an any or all portions of the
goods then not shipped, subject to my equitable adjustment between the parties as to my work or nationals risen in
progress provided that the Purchaser shall not be liable for my claims for anticipated profits on the uncompleted
portion of the goods mdlor work, for incidental or consequential damage, and that no such adjnsmmart be made in
favor of me Seller with respect to any goods which ere the Sellers standard stack. No such termination shall relieve
the Purchaser or the Seller of any of their obligations as to my goads delivered herunder.
'i. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most M assured within mrry (30) days from the time the change or lamination is
ordered.
It. COMPLIANCE WITH LAW.
The Seller warns than all goad sold here.der shall have been pmdured, sold, delivered and banished in aria
compliance will all applicable laws and agitations; m which the good art eubja, The Seller shall execute and
deliver such documents as may be required in effect or evidence compliance. All laws and regulations required e. be
incorporated in agreements of this character are hereby incorporated herein by Russ reference. The Seller agrees to
indemnify and hold the Purchaser hominess finer all cults and damages suffered by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or my monies due a to become due hereunder without the
prior wrinm mascot of the other party.
I O.TITLE.
The Seller wernmas full, clear and ma ameted title to the Forehand for dl equipmeo4 twtram s, and it. fiunishad
in Performaatt of this a®eement, free not clear of any and all tiers, xmidions, reservations, security interest
encumbrances and claims of.ma x.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the
Purchasd and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
may came the work to ho performed by the most expeditious means available to it, and the Seller shall pay ail
casts aawcimal will such work.
The Sella shall all. the Purchase and its cuntmdors of any her four all liability and claims of any eature
resulting finarn the Mi.. of such walk.
This release shall apply over, in the event of fault of negligence of the party released and shall extend to the
directors, officers and employes ofsuch patty.
The Seller's command obligations, including woranty, shall not be deemed to be reduced, in any way, because
such work is performed of caused,. be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, material or process cuvend by letter, pazent,.demark
or copyright, the Seller shall indemnify and save hmmless the Parchua fmm any and all claims for infringement
by reason of the use of such proceed design, device, matmd or prncass in comatim with the comtucL and
shall indemnify the Purchaser for my cost, expense or damage which it may be obliged to Pay by reason of each
infringement at any time during the prosecution or after the completion of the work. In now said equipment, or
any part thereof or the intended use of the goods, 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 pans, replace the same with substantially equal bur
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 creditors, appoint a
receiver or trustee for my of the Sellers properly or business, this made, may forthwith be wncefed by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions of terms used or the computation oftlte agreement and the rights of all i mies here.der shag W
contained under and governed by the laws of 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 Representativids), on the premises ofothers.
17. SELLERS RESPONSIBILITY.
The Sella shall wry on said work at Sellers own risk until the same is fully completed and accepted, and shall,
in case of any accident, destmction or injury to the work ardor mammals before Sellers fim[ extirpation and
accepmnce, complete the work in Sellers own expense and ro the satisfaction of tux Purchaser. When mmerials
and equipment art f ished by others far installation or auction by the Sella, the Seller shall mcerve,.].it,
stare and Randle some at the sine and become rospensible therefor as though such man dials soaker equipment
were being famished by the Seller undea the maid.
18, INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers wmpenaation, including compmimad
disease beneOs, to its employees employed an or in connection with the work covered by this .rchax order,
and/or to their dependents in accordance with the laws of the site in which the work is to be done. The Seller
shall also carry comprehensive general liability including, but not limited to, command and automobile public
liability insurance with bodily injury and death limits of at least S300,000 for my one pd wn, 5500,000 fan my
one accident ntd primary damage limit per incident of 5400,000. The Solid shall likewise comire his
commerce, if any, to provide for such compensation and insurance. Before my of ma Sellers or his contractors
employees shall do my work upon the premises of others, the Seller shall famish the Pumhaer will a artifiwte
that such compensation and insurance have been provided. Such certifwtes shill specify the date when such
compensation and inure nre have ban provided. Such certificates shall specify the dote when such compensation
and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after One
entire work is completed end accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the emir, responsibility and liability for any and all damage, loss or carry litany kind
or nature whatsoever to persons or property caused by or resulting tram the execution of the work provided for in
this purchase order or in connection haewim. The Seller will indemnify and hold families; the Purchsser and any
r all of thc Purchasers officers, agents and employees from and against any and all claims, losses, damages,
charges or expanses, whether direct or immed, and whether to pnsnns or properly an which the Purchasd may
be put or subject by reason of my act, action, neglat, omission or default on the pm of the Seller, my of his
contractors, or my of the Sellers or contractors effects, agents or employees. In cox my suit a other
proceedings shall be brought against the Purchased, or its officers, agents or employees at any Lime can account or
by reason of any net, notion, neglat, omission or default of the Seller of my of his coamctors or my of its or
their officers, .gents a employees as aforesaid, the Solid hereby agree to assume the defense thereof and to
defend the same at the Sellers awn expense, to Pay my and all costs, charges, attorneys fas and other expenses,
any and all judgments that may be mourned by or obtained against the Purchaser or any of is or their effcers,
agents or employers in such suits or other proceedings, and in case judgment or other lam 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 bond or otherwise. The Seller and
his contractors shall take all safely precautions, barred, and inamli all guard mxesamy for the prevemam of
accidents, comply with all laws and regulations with regard in safety including, but without him cerma, the
Ottvpatioual Safety and Health Ad of 1970 nod all rules and tegmtions issued pursuant dramas
Raised O7n014