HomeMy WebLinkAbout506419 SARIS CYCLING GROUP INC - PURCHASE ORDER - 9147391Fort Collins
Date: 12/19/2014
Vendor: 506419
SARIS CYCLING GROUP INC
5253 VERONA RD
MADISON WI 53711
PURCHASE ORDER
PO Number Page
9147391 'eft
This number must appear
on all invoices, packing
sli s and labels.
Ship To: TRANSPORTATION PLANNING &
281 NORTH COLLEGE
FORT COLLLINS CO 80524
Delivery Date: 12/15/2014 Buyer: ED BONNETTE
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
I FC Bikes to Platinum Racks
Quote #10270 1219/14
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, Fart Collins, CO 80522-0580
Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.mm
1 LOT LS
6,401.00
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 2 of 2
1. COMMERCIALDETAIIS.
Tax exemption. By statute the City of Fan Collins is exempt from state and local taxes. Our Exemption Number is
98,04502, Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of
I L NONWAIVER.
Failure of [he purchaser m bond upon strict performance of Ne tens and condition humor. failure or delay in
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26,114 (a).
exercise any rights in remedies provided herein or by law, failure to promptly notify the Sella in be event of a
breach the acceptance arm payment for goods b aorta er or approval ofthe design, shall not release the Seller of
Good Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
say of the warmntie, or obligations of this purchase order and shall rat be deemed a waiver of any right of the
damage in tmmit, may, be, marginal to you for credit and are not la W replaced except upon racipt of wrinm
purchaser m insist upon strict perfoorance hereofor any of its rights or remedies as in my such goods, regardless
insvucrions from the City of Fan Collins.
of whom shipped, received or aecepded as m my prior or subsequent defult bereunda, nor shall my purposed
am[ modification or rescission of this purchase orda by the Purchaser operate as a waiver of any ofthe terms
Impedion. GOODS are subject m the City of Fon Collins inspection on arival.
hereof.
Final Acceptance. Receipt of the merchandise, senices or equipment no response to this will can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
walwaeed payment an the pan of the City of Fan Collins. However, it is or be undersdaad that FINAL
Sella and the Purchaser recognize that in actual economic practice, overcharges resulting from mi.,
ACCEPTANCE is dependent upon completion ofall applicable required irspatim procedum s.
violations are in fact home by We Pureha;n. Themtofore, for good cause and as consideration for exerting this
purchase order, the Seller hereby assigns to the Purehasa any and all claims it may now have or haeafia
Freight Tents. Shipments most be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless
squired under Retail or slate antitrust laws for such overcharges relating to the particular goods at services;
whcnsise spinificcl on this oaka. If pamUsba is given,. prepay fmplia and change separately, the original freight
purchased or acquired by the purchaser purstmnt to Nis purchas, order.
bill most Occomoanv invoice. Additional chases for packing will vat be accepted.
Shipment Distance. Where masufacmrcrs have distributing paints in wrings pass of the country, shipment is
expected from the nearest distribution point to destination, and excess freight will be dabocted from Invoice when
shipments arc made from Bremer distance.
Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses rmuited by all
applicable laws, regulation; ordinances and roles ofthe state, municipality, territory or political subdivision where
the work is performed, or required by airy other duly constituted public authority having jurisdiction over the work
of vendor. Seller further agrees to hold the City of Von Collins harmless from and against all liability and loss
codtired by them by reason of an assured or established violation of any such laws, regulations, ordinances, rules
requirement.
Authorization All parties to this comma agree that the representatives on, in fact, bona fide and possess full and
complete authority to bind said panics.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and condition stated
herein set forth and any supplementary or additional toms and conditions annexed hereto or incorporated herein by
reference. Any additional or different mass and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou caanot make complete shipment 10 sin- oa your
promised delivery date as noted. Time is ofthe emarm. Delivery and peMmrma most be effected within the time
stated on the purchase order and the dismounts sashed harem. No sac of tM Purchasers including, without
fo imlica, acceptance of annul late deliveries, shall operate as a waiver of this provision. In the event army delay,
the Purchases shall have, in artdition to other legal and equitable remedi, the option ofplacing this order elsewhere
and holding tha Seller liable for damage. However, the Seller shall rem ha liable for damages as a result of delays
due to comes not reamuably foreseeable which are beyond its reasoanble control and without its fault of negligence,
such arts ofGad, sex ofcivil or military radiation, governmental pritrurs, fares, strikes, Bond, epidemics, wars or
hors provided Unit notice ofthe conditions causing such delay is given to the purchaser within five (5) days of the
time when the Sella first received knowledge thereat In the town army such delay, the date of delivery shall be,
extended for the period n3ml to the time wholly lost by croon ofthe delay.
3. WARRANT.
The Seller warrants that all goads, articles, materials and work covered by this order will reform with applicable
drawings, specifications, samples andtar other descriptions given, will be fit for the purposes intended, and
Performed with the highest degree of cart and competence in accorbnce with occipital standrols fro work of a
-similar nature. The Seller agrees to hold the purchaser harmless from my loss, damage or expense which the
Purchaser may suffer or incur on account ofthe Sellers breach ofwananty. The Sella shall replace, repair or make
good, without cast to the purchaser, any defects or faults mining within one (1) year or within such longer period of
time as may be prescribed by law ar by the tame of any applicable warranty provided by the Seller other the date of
acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect
or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchusa shall not
onstimm 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 caused by the breach of any of the foregoing warranties
or guarantees, 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 can can change order.
5. CHANGES IN COMMERCIAL TERMS.
The franchiser may make any changes to the from, other than legal terms, including additions to or deletions from
the quantities originally oNertd in the specification or drawings, by vnbal or wrinen change order. If any such
change affect the amount due or the time ofpa(ormaue heremakm on equitable abashment shall be made.
6.TERMINATIONS.
Tlu Purchaser may in any time by wman, change order, membrae Ws agreement n to any or all protons of the
goods then not shipped, subject as any equitable adjustment Vincent be pries as to my work or materials men in
progress provided pat the Purcha shall fwf h liable for my claims for mticipatcd pmffss on the mcomplaed
partim of she goods anNor work, fro incidend or consequential damages, and mat no such adjustment be made in
favor of me Sella with fvpect to my goods which ant the Sellers standard stork. No such temnimmion shall reliece
the Purchaser or the Sella army oftbar obligations as to any goods delivered haemder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjuamcnf rant be, armed within thirty (30) days from the dam be change or "wrimti e, is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all good sold bereunda shall have been produced, sold, delivered and burnished in strict
compliance with all applicable laws and regulation m which the good.; are subject. The Seller shall acme and
deliver such document as may be required to effect or evidence compliance. All laws and regulations required to be
incorporated in agreements of this character are hereby incorporated herein by this reference. The Sella agrees to
indemnify and hold the Purchaser harmless from all casts and damages suffered by be Publ ace as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither an, shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the
prior written consent of the other party.
10. TITLE.
The Sella warrants full, clear and un eshicted title to the Purchaser for all equipment, mamnaks, and items fumishul
in performance of this agreement, face and clear of any and all lien, restrictions, aux-rations, security interest
encumbrmces and claims of others.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs be Seller to momct nonconforming or defective goods by a date to be agreed upon by the
Purchaa and the Seller, and the Seller thereafter Indicalw its iwbiliry or unwillingness to comply, the Purchaser
may cause the work to be performed by the moor expeditious means available to it, and be Seller shall pay all
costs associated with such work.
The Seller shall release the Purchaser and its contractors of any two from all liability and claims a any nature
marking ram, he performance ofsuch work.
This release shall apply even in the event of fault of negligence of the party released and shall extend m the
directors, officers and employees ofsuch parry.
The Seller'. coulmdoal obligmlom, including warranty, shall Out be deemed to be reduced, in my way, because
such work is performed or caused to be performed by the Purchaser.
14. PATENTS.
Whemwa the Sella is required lea use any design, device, mmmd Or process covered by letter, weal. trademark
or copyright, be Seiler shall indemnify and save harmless the Purcbasa from my and all claims for management
by reason of the use of such patented design, deice, morainal or process in connection with the contract, and
shall indemnify the Purchaser for any coed, expense or damage which it may he obliged to pay by reason of such
infringement at any time during the prosecution or after the completion of the work. In case said muipment, or
any pan thermr or the intended use of the goods, is in such suit held to amounts infringement and the tau of
said equipment or pan is enjoined, the Seller shall, at its own expanse and at its option, either procure for the
Purchaser the right to coatwue using said equipment or part, replace the same with substantially meal but
noninfringingequipmmL in modify it so it Ignoramus oaoigu inging.
15. INSOLVENCY.
If thc Sella shall became insolvent or bmlaupt, make m assignment for the benefit of creditors, appoint a
raeiver ar trustee far my of the Sellers property or business, this maker may foMwith be canceled by the
Purchaser without liability.
16, GOVERNING LAW.
The definitions affairs used or the inraprastion ofthe agreement and the right of all parties hereunder shall be,
rnstmed coda and governed by the Uwe ofthe Sete ofColrmdo, USA.
The fallowing Additional Condition apply only in cases where the Seller is to perform work hereunder,
including the services of Sellers Representative(,), on the premise orather.
19. SELLERS RESPONSIBILITY.
The Seller shall carry an said work at Sellers own risk until the same is fully completed and accepted, and shall,
in se of any accident, destruction or injury to the work andar materials before Sellers final completion and
acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchase, When materials
and equipment arc famished by others for installation or erection by the Seller, the Sella shall receive, unload,
smrc and handle aame st the site and become responsible therefor as though such materials ..Nor equipment
were being furnished by the Sella under the order.
I I. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational
disease benefit, to its employees employed on or m connection with the work covered by this purchase order,
md0r to theft dependents in accordance with the laws ofthe state in which the work is to be done. The Seller
shall also carry comprehensive general liability including, but apt limited a, conumaml and automobile public
liability auurame with 1-lily injury and dram limit of at lest S301)." for any one person, S500.000 far any
one accident and pmperty, damage limit per sccidem of S400,000. The Sella shall likewise require his
mmmctors, if my, to provide for such compensation and insurance. Before any ofthe Sellers or his mntmcmrs
employees shall do my work upon the premises of others, the Sella shall f ish the Purchases with a cerufimte,
but such compensation and insurance have ban prnsided. Such cenifica[a shall specify the date when such
compensation and insurance have hen pm need, Such canificatas shall specify Ufc dale when such comperation
and insurance expires. The Seller agrees that such compeasmi er and insurance shall he maintained until after de
minim work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella hereby assumes be entire reslonsibiliry and liability far any and all damage, dos or injury of any kind
or matme whatsoever to person or properly caused by or resulting from the exrrtim ofthe work provided for in
this purchase panic or in mamea an herewith. The Sella will indemnify and hold hamtlas the Purchaser and my
or all of the Purchasers officers, agents and employees firm and against my and all claims, losses, damages,
charges a expanses, whether direa or indirect, and whether to person or property 1p which be Puachaxr may
be put or subject by reason of my gt action, neglect, omission or default on the pan of the Seller, my of his
ammunors, err any of be Sellers in contractors officers, agents or employees. In care any suit or other
proceedings shall be brought against be Purchaser, or its officers, agents or employees at any time on account or
by mason of any rat, action, neglect, omission or default of the Sella of any of his contractors or my of it or
their Othrmi. agents or employees as aforesaid, the Seller hereby agrees to assume the defense thermf and to
defend the same at the Sellers awn expense, to pay any and all costs, charges, attomrys fees and other expenses,
any and all judgments thm may be incurred by or obtained against the Purchaser or any of its or their officers,
agents or employees in such suits or other proceedings, and in case judgment Or other lien he placed upon or
obtained against the property ofthe Purchaser, or said parties in or as a result of such suit or other proceedings,
the Seller will at once cause the same to be dissolved and discharged by giving band or othewise. The Seller and
his contractors shall tale, all safety precautions, famish and install all guard necessary for the prevention of
accidents, comply win all laws and egulations with regard to safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all roles and regulation issued pursuant thereto.
Revised 07n(14