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HomeMy WebLinkAbout282740 SPORT & FITNESS INC - PURCHASE ORDER - 9147566Fort Collins Date: 12/23/2014 Vendor: 282740 SPORT & FITNESS INC 1409 PIKES PEAK AVE FORT COLLINS CO 80524 PURCHASE ORDER PO Number Page 9147566 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: RECREATION DIVISION CITY OF FORT COLLINS 215 N MASON FORT COLLINS CO 80521 Delivery Date: 12/22/2014 Buyer: WILSON, JILL Note: "'PO is subject to the Terms and Conditions of the Agreement for 8025 FITNESS EQUIPMENT FOR THE FOOTHILLS ACTIVITY CENTER dated 12/22/2014" Line Description Quantity UOM Unit Price Extended Ordered Price i Cardio Equipment Foothills Activity Center 1 LOT LS 50,665.00 ALL EQUIPMENT IS TO BE DEIIVERED AND INSTALLED AS FOLLOWS: Foothills Activity Center, 215 East Monroe Drive, Fort Collins, CO 80525. All equipment is to be delivered when the Foothills Activity Center opens in the Fall of 2015. The specific installation date will be communicated by the Project Manager when the construction schedule is finalized. 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 Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 I . ' � .RTi erC+7'I�ITLe.[�L7RIfiGTiRi Page 2 of 2 I. COMMERCIALDETAIIS. Tax exemptions. By statute the City of Too Collins is exempt from state and local taxes. Our Exemption Number is 98fM502. Federal Exam Tax Exemption Citronelle of Registry M-6000589 is registered with the Collector of Internal Revenue, Denver, Colored (Ref. Colorado Revised Sedans 1973, Chapter 39-26,114 (a). Good Rejected. GOODS REJECTED due to failure to men specifications, either when shipped or due to defects of damage in trunat, may he mounted to you for credit am are not W be replared except upon main of women iutructi... fmm the CityCf Fon Collin. Inspection. GOODS are subject to Nit City of Fail Collins inspection an arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response W this older Can result in mithorized payment on the pan of the City of Fail Collins However, it is to be undmtood Nat FINAL ACCEPTANCE is dependent upon completion ofall gtplimble mryird inspection procedures. Freight Tcrms. Shipments most W F.O B., City of Fell Collin, 700 Wood St, Fort Collin, CO 80522, unless otherwise specified on this older. If permission is given to prepay fight and charge separately, the original freight bill most accomoanv invoice. Additional thanes for mckine will not be, accepted. Shipment Distance. Where maanfelturen have distnburing Finns in wren parts of the Country, shipment is expected fmm the maned distribution point to destinaion, and excess freight will he deducted fmm Invoice when shipments are mad floor .to, distance. Permits. Seller shall procure at sellers sole cast all necessary permits, Certificates and licenses criminal by all applicable laws, regulations, embraces and idles turns, same, municipality, territory err political subdivision where the work is performed, or nequirm by any other duly constituted public authority haviogju ialictiou over the work of vendor. Seller harder agrees to hold the City of Fart Collins harmless fmm and against all liability and loss incurred by them by or..a of on osseded or established violation of any such laws, regulations, ordinances, idles and requirements. Antiradical., All panics to this contad ngme that the represenudives are, in fact, bona fide and possess full and omplete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order a,mo ly limits acceptance W the team and conditions stated Latin set faro and any supplementary or additional errs and condition annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected ro and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive an your premised delivery date as noted. Time is of the essence. Delivery and performance most be effected within the lime stated on the purchase Cole, and the documents anachd hereto. No acts of the Parebrsees including, whom limitation, acceptance of radial late deliveries, shall Waste as a waiver of this presence. In the event of any delay, the Purchaser shall have, in addition to other legal and ryuina le readies, the option ofplacing this order elsewhere and holding the Seller liable for damages. However, the Sella shall and Ira liable for damages as a result of delays due to Causes not reassembly foreseeable which see beyond its reasonable control and without its fault ofemgligmce, such arts afGd, acts of civil or military authorities, pvamnlatal pnodtis, that stares flood, epidemics, wars or mots provided dual notice of the condition Causing such daily is given to the Purchaser within five (5) days of the time when the Sella fic a raeived knowledge thereof. In the air d of my such delay, the dre of delivery shall be extladd for the period equal to tM time actually lost by reason ofthe delay. 3. WARRANTY. The Sella warrants Wr all goods, micls, materials and work Covered by this older will conform with applicable drawings, specinenaion, samplas sndbr other desapd. giv, will be in fire the purposes imandA sod performed with the highest dame of cue and Competence in accordance with arcepted standard for work of a similar rehire. The Seller agrees W held the pumhaser humluss fmm any loss, damage or expense which the purchaser may sufferor incur on account of the Sellers broth of imnally. The Sella shall replace, repair or make good, without msuo the purchase, any defects or faults arising within one (1) year or within such longer most of time m may be pmscribM by law or by the damn of my e,liable warranty provided by the Sella after the data of accepWrtce of the goad famished hereunder pec, trace not 10 be Commonality delayed), resulting fmm imperfect or defctive work done or materials famished by the Seller. Acceptance or use of good by the Pumhna shall rat Conclude a waiver crony claim under this warrenty. Except as otherwise provided in this purchase order, file Sellers liability hereunder shall extend to all damages Proximately caused by the breach of my of the foregoing continuous or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNFSS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS, The Purchaser may make changes to legal rant by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchsser may make any changes to die leans, other can snal tams, including additions m or deletions from the quantities originally ordered in the specifications or drawings, by verbal a wdtm change order. If any such Chung. affects the -mount due onhe lime operformance hereunder; an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goads then not shipped, moral to any equitable adjmlmenl between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profit on the uncompleted portion of the goad umber work, for incidental or consequential damages, and that me such djntment be made in favor of the Seller with raped 1. any goods which art the Sellers standard stock. No such termination shall relieve the Purchase, or the Sella army oftheir obligations no to any good delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be awned within thirty (30) days fmm the dam the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have bon produced, sold, delivered and famished an strict ompliance with all applicable laws and regulation to which she guests are subject. The Sella shall exemte and deliver such documents as may be aspired to eRat in evidence compliance. All laws and regulation required W be ncoryoned in agreements of this character are hereby incorporated herein by this reference. The Sella agrees to indemnify led held the Purchsser harmless fmm all roses Coal damages suffered by the Purchaser as a result of the Sellers failue to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, treater, a convey this order, or any monies due or W become due hec a shr without the prior wnnen consent ofthe other Fury. 10. TITLE. The Seller wmnns full, clear and unretracted title W the Purchaser for all equipment, nadmards, sad it. famished in performance of this agreement face and clear of my and all lieu, mmnctaon, mmntiers, security interest com mbrunces and claims of others. I I. NON WAIVER. Failure of the Pumhmer to insist upon strict performance of the terms and coudidom hereof, failure or delay to xercise any rights or rtmedies provided herein or by law, failure to pmmplly notify the Seller in the event of a branch, the acceptance of or Fayment for guests hereunder in approval of the design, shall act release the Seller of any of the warranties or obligations of Nis purchase order and shall rat be decided is waiver of any right of the perehaser to insist upon strict performance outlander any of its rights or undies as to any such good, regardless of whin shipped, received or accepted, as to any prior or tentacular dfault bartender, we shall my pumoned and modification or rescission of this purchase older by the Purchaser operate as a waiver of my of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Sella and the Pureoaser recognize roar in mural comande province, overcharges mulling from acts., violation are in fact home by the Purchaser. Therttofore, fen good cause and as consideration for heating this purchase older, the, Seller hereby auigas to the Purchaser my and all claims it trey now have m hereafter acquired under federal or sure it., lax. for such mamhatges relating W the particular good or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Parham, dicer. the Sella to emrea reconcilement, or defective goods by a dam to be agreed upon by the Purchaser and the Seller, and the Sella thereafter indicates its inability or unwillingness W comply, the Purchaser may curse the work to be performed by the most expedition mean available to it, and the Sella shall pay all toss cosociatd with such work. The Seller shall release the Pardoner and its contractors of any tier from all liability and claims of any nature resulting from the performance ofsuch work. His release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, officers and Cranky. of such party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be promised by the Purchaser. 14. PATENTS. Whenever the Seller is requital W use any design, device, material or praess covered by later, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser non any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the Contnet, and shall indemnify the Purchaer for any cost, expense or damage which it may be obliged to pay by reason fsuch infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pun thereof or the intended fie of the goods, is in such suit held W constitute infringement and the fie of said equipment art pan is enjoined, the Sella shall, at its own expanse and at its option, Cuba procure far the Purchoset the right to Continue using said equipment or pans, replace the same with substantially equal but rwninMnging equipment, or modify it so it becomes rtminGnging. 15. INSOLVENCY. If the Sella shall become insolvent art bmkrept, make an maipmem for the benefit of creditors, appoint a receiver or tmstec for my of the Sellers popf , or tininess, this order may foMwM be Canceled by the Purchaser without liability. 16. GOVERNING LAW. The humiticals ofit. used ce the intellectual. of the agreement and the rights ofall parties hereunder shall be cooswd water and govened by the laws ofdm State ofC.I.do, USA. The following Additional Condition apply only in Cases where the Sena is W perform work hereunder, including the services of Sellers Repreumalive(s), on the premises afothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said walk at Sellers own risk it the same is fully Completed fiat accepted, and shall, in case of my accident, destruction or injury to the work andor materials before Sellers fwl eomplaion and acceptance, complete the work at Slithers awn expense and W the satisfaction of the Purchaser. When materials and equipment are famished by others for insulation or erection by the Sella, file Seller start receive, un cad, store and handle same at the site and become responsible therefor as though such rra tenals anNor muapmcnt were being f mishd by the Seller under the older. 18. INSURANCE. The Seller shall, at his own capenu, provide for the payment of workers compensation, including occupational disease benefits, W its employees employed on or in connection with the work Covered by this purchase Code, and/or to their dependents in accoolance with the laws of the state in which the work is to be done. The Seller shall also cony comprehensive general liability including. but not limited to, contractual and automobile public liability insuruncc with bodily injury and death limits of at least S300,000 for any one person, S500,000 for any are accident and p,.,any damage limit Per accident of S400,000. The Sella shall likewise require his contractors, if any, to provide for inch compensation and insurance. Before any of the Sellers or his Contractors employees shall do any work upon the premises of others, the Seller shall Sandia the Purchaser with a cedincate that such compensation and insurance have been provided. Such communes shall specify the date when such enraper and insurancehave been provided. Such cenificams shag specify the date worn such compensation d insurance expire. e Seller agrees that such Compensation and insurance shall be commined until after the Carl,, work is completed and incepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assume, the entire responsibility and liability for my and all damage, loss m i jury of any kind or nature whensoever to person or prepeny moved by or resulting from rise execution offlm work peavided for in this pumbaa older or in connection herewith. The Seller will indermady and hold hatmla, the purchaser and my r all of the purchasers olEcers, agents and employees f and against my and all claims, lose, damages, charges or expenses, whether direct or ins idea and whether W persons or mperry to which the purchaser may be put or subject by anon of any act, action, m derl, omission or default on the pan of the Sella, my of his contractors, or my of the Sellers or contractors officers, agents or employees. In case my suit or other proceminp shall be brought against the purchaser. at its officers, agents in employees at any time on account or by rosin of my aq action, neglect, omission or default of Nit Seller of my of his contractors or my of its or Neil elders, agents in employees as aforesaid, the Seller hereby agrees to assume flee defense thereof and to defend the same at file Sellers own asperse, to pay my and ell cos., chargex, svoraey,, has and other expcues, any and all judgments Out may he incurred by or abuined against file Purchases, We any of its or their officers, agents or employees in such suits or other pmcaump, and in case judgment ve other lam be placd upon or obtained agoarst Nit property of the Fumhascr, or said Forma in ne as a result ofsuch suits or other proceedings, the Sella will at one cause the same to her dissolved and discharged by giving bond orothervise. The Sella and his Contractors shall take all safety prammon, formal and iasull all guard necessary fm the prevention of waidents, comply with all Jews and regulations with Coped to safety including, but without lamaetion, the Occupational Safety and Hmlth Act of 1970 and del idles and regulations issued pursuant former Revised 07Q014