HomeMy WebLinkAbout282740 SPORT & FITNESS INC - PURCHASE ORDER - 9147082 (2)Fort Collins
Date: 12/26/2014
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: 12/26/2014 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
3 FITNESS EQUIPMENT
PDT contribution for equipment
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.wrn
1 LOT EA
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. COhEUERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is
11. NONWAIVER.
98-04502. pedant Excise Tax Exemption Cmificate, of Regiary 84-6000587 is registered with the Collector of
Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to
Intemal Revenue, Deaver, Colorado (get Colorado Revised Statute 1923, Chapter 39-26, 114 (a}
exercise any rights or remedies provided herrin or by law, failure to promptly notify the Seller in Me event of a
breach, the acceptance ofor paM.t for gaud hereunder or ep,.I i fhe design, shall cat rtlmse the Sella of
Goods Rejected. GOODS REJECTED due to failure in meet specifications, either whea shipped nr due as dcfccts of
any of the wartanties or obligations of this p icbatt under and shall not be damed is waiver of any right of Ne
damage in mnnsiL may he renuval to you for credit aM are not to be replaced except upon receipt of wrinen
Purchaser in hour upon evict pert hereofor my of its rights or remedies u to any such good, regardless
instructions from the City of Fog Collins.
of when shipped, received or accepted, as to my prior or subsequent default hereunder, nor shall my purymted
am[ modification or rescission of this purchase order by the Purchasm operate as a waiver of my of the terms
Inspection. GOODS arc subject o the City of Fog Collins inspection on anival.
hereof.
Final Acceptance. Receipt of the merchandise, servicei or equipment in response in this order canresult in
12. ASSIGNMENTOFANTITRUST CLAIMS.
mtMrrzed papm of on the pof the City of Fog Collins. However, it is to is, undermost thatFINAL
Seller and the Purchaser recognize that in round economic practice, overcharges resulting from mtlrmvt
ACCEPTANCE is dependent upon completion of all applicable capital inspection procedure.
violations art in fact fame by the Purchaser. Theremfmre,for good cause end as consideration for executing this
purchase order, the Seller hereby assigns on the Purchaser any and all claims it may row have or bereafler
Freight Tenses. Shipments most be F.O.D. City of Fan Collins, Ttlo Wood St., Fog Collins, CO 80522, unless
inquired under federal or state antitcaut laws far each cambial relating to the particular goods or services
m1sawise specified oa this order. If permission is given to prepay freight and charge separately, the original freight
purchased or acquired by the Purchase pursuant to fix purchase order.
bill most acwmpany invoice. Additional charges for Picking will not be acepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacturers have distributing points in annow, pans of the country, shipment is
tribe Purchaser directs the Seller to correct nommwfmming or detective good by a date to IN agreed upon by the
expected fmm the nearest distribution point m destination, and excess freight will he deducted from Invoice when
Purchaser and the Seller, and the Sella thereafter indicates its inability or unwillinppess to comply, Ne Purchaser
shipmenm are made from greater distance.
may ca. the work to be performed by the most expeditious unmans available tp it, and the Seller shall pay, all
corts associated with such work.
Pemsiss. Sella shall pmeae at sellers sole case all necessary permits, cmificates and licenses required by all
applicable laws, regulations, ordinances and rules of the stare, municipality, temmry or political subdivision where
the work is performed, or ruptured by any other duly cautioned public authority having jurisdiction over the work
of vends. Seller further agrees to hold the City of For Collins harmless from and against all Nobility it lass
incurred by them am reason of asserted a established violation of any such laws, regulations, ordinances, roles
and arinimmenta.
Authovad... All Portia to this chatmm egme that Ne representatives are, in fact, haw fide and possess full and
complete authority m him mid panics.
LIMITATION OF TERMS. This Purchase Order expressly limits xce,gra , to the terms and conditions stated
herein set toed and my supplemamry or additional terns and conditions annexed hereto or incorporated herein by
reference. Any additional or dill tit terms and conditions proposed by sells are objected to and hereby acceded.
3. DELIVERY,
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to amve on your
Promised delivery date as noted. Time is of the essence. Delivery and perfomance most be effected within the time
stated on the purthaue other and the dauments mosch l bercto. No acts of the Purchasers including, without
IimlMtion, rcceptaae, of partial lore deliveries, shall operate m a waiver afthis provision. In the event army delay,
On, Purchaser shall have, in addition to other legal and rynitimle remedies, the option of placing this order elsewhere
and holding Ne Seller liable for damage. 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 amount and without its fault of negligence,
such acts of God, acts of civil or military authorities, govemmental pdorries, fires, strikes, flood, epidemics, wars or
fiats provided that notice of the conditions causing such delay, is given m the Pm<haar within five (5) days of the
time when the Seller first received knowledge thereof In the event of my such delay, fie daze of delivery shall the
extended for the period equal to the time mtually lost by reason of the 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 descriptions given, will be fit for the purposes intended, and
performed with the highest degree of care and compemna in accordance with accepted standard for work of a
similar whoa. 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 ofwarranty. The Seller shall replace, repair or make
goad, windows cost to the purchaser, my defeca or faults arising within arm (1) year or within such longer period of
time ss may be prescribed by law m by the terms afmy applicable waranty provided by the Seller after the date of
ncceptmme of the good protruded hereunder (acceptance not to be ummwnably delayed), resulting from imperfect
or detective work done or materiels famished by the Seller. Accepame or use of goods by the Purchaser shall at
constitute a waiver of my claim under this warranty. Except ss 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 warmntirs
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 Pacbsser may rake changes to legal mans by wrinen change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purcbazn may make any changes to the minis, other than legal terms, including nddiri— to or delniuns from
the quantities originally ordered in the sped licatiom or drawings, by verbal or wrinen change order. If any such
change affects the amount due or the time ofperfm mane hereunder, as equiable ad firm ens shall be made.
6. TER ATIONS.
The Purchaser may al any time by wrinen change order, mrminate Nis agreement as to my ter all patiens of the
goods dun not shipped, subject to any aquiuble ndjusrment between the panties ss on any work or monmds then in
pmgres provided Nat the Purchase, shall rat be liable for my claims for Anticipated profits on the uncompleted
portion of rate goods similar work for incidental or conso trential damage, and that w such adjustment be made in
favor of she Seller with respect o any goad which we the Sellers standard stock. No such termination shall relieve
the Purchaser or the Seller of any of their obligations as to any good delivered hereunder.
). CLAIMS FOR ADJUSTMENT.
Any claim for adjushmem most he asserted within thirty (30) days fmm the date the change or termination is
ordered
9. COMPLIANCE WITH LAW.
The Seller warrants fat all goods sold hereunder shall have ban produced, sold, delivered and famished in strict
compliance with all applicable laws and regulations on which the goad am subject. The Sella shall execute and
deliver such documents ns may IN ramrod to effect or evidence compliance. All laws and regulations raptured to be
ncorpomted in agreements of this character are hereby inempomted herein by this refertnce. The Seller agrees an
indemnify and hold the Purchaser hornless from all costs and damages unftered by the Purchaser as a result of the
Sellers failure W comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or my monies due or an same due hereunder without the
prior women common of the other P.M.
10. TITLE.
The Sella warrants full, clear and unrestricted title to the Puchaser for all quipmmt, materials, and items firmished
I. pgrfoing. of this agreement free and clear of my and all liens, instructions, reservations, security intertal
encumbrances and claims of others.
The Sella shall relmue the Purchaser and its contractors of any tier ft= all liability and claims of my whore
.hang from the performance crunch work.
This release shall apply even in the event of fault of negligence of the party released and shall extend to the
i irecmrs, aRcers and employees of such piny.
The Sellers mntmetual obligations, including warranty, shall not be deemed to be educed, in any way, because
such work is performed or crowd to Is, performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, material or process covered by leger, patent, trademark
r copyright, the Seller shall indemnify and save harmless the Purchaser from my and all claims for infringement
by reason of the use of such patented design, device, material or process in connection with the wmntracL and
shall indemnify the Purchaser for any cost expense or damage which it maybe obliged to pay by reason ofsuch
infringement at any time during the prosecution or after the completion of the work. In case road equipment, or
my pag thereof or the intended use of the good, is in such suit held to constitute infringement and the true of
said equipment or pad is enjoined, the Sella shall, at its awn expense and at its option, either procure for Um
Purchaser the right to madame using said equipment or pass, replace the same with substantially equal but
mainfdnging ex ripmrnt, or modify it so it becomes mainiringing.
15. INSOLVENCY.
If the Seller shall become insolvent or bankmpt, make an assignment for the benefit of creditors, appoint e
receiver or trustee for my of the Sellers property orbusiness, this order may forthwith be canceled by the
Pmcbasa without liability.
16. GOVERNING LAW.
The definitions of tams used or the interpretation ofthc agreement and the rights of ell parties hereunder shall be
co maned under and governed by me laws of Mc Stare ofColomdo, USA.
The fallowing Additional Conditions apply only in cases where the Seller is to pafartn work hereunder,
including the services asellers Repreunatiars), on the premises ofothers.
17. SELLERS RESPONSIBILITY.
The Seller stall airy m said work at Sellers own auk until the same is fully completed and accepted, and shall,
in pax of any accident, destruction ter injury m toe work ad/or mateials before Seller final camphaior and
sc«ptmce, complete the work at Seller own expense and to the mtisfactiov of the Purchase. When matmals
and ryuipment are famished by others for installation or aedio s by the Sella, the Sella shall receive, unload,
stare and handle same at the site and become responsible therefor as though such materials and/or scriptural
were being famished by the Sella under the order.
I S. INSURANCE.
The Seller shall, at his now expense, provide for the payment of works impersonator. including occupational
disease benefits, to its employees employed on nr is comection with the work covered by this Purtbax order,
andrm as their dependents in accordance with the laws of the slate in which the work is to be dose. The Seller
shall also carry mmprebensive general liability including, but rant limited W. contractual and aummMile public
liability insurance with bodily injury and death limits of at least 5300,000 for any one person, $500,000 for any
one accident and property damage limit per accident of W0.000. The Seller shall likewise require his
commissions, if my, to provide for such compensation and iwurantt. Her= my of the Sellers or his customers
employees shall do my work upon the premises of others, the Seller shall f ash the purchaser with a certificate
Nat such compnsmtian cad insurance have been provided. Such cutificams shall specify the date when such
compensation and minimum, have been provided Such cedificates shall specify the date when such comperaution
and inso once expires. The Sella agrees fat such malfeasance sad insurance shall be maintained word after the
emir work is completed teed receptal.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire respnnsibllily and liability for any and all damage loss or injury of any kind
or wmm whatsoever a persons or property caused by or resulting fmm the execution ofhe work provided for in
this puchase order or in convention herewith. The Sella will indemnify and hold bond. the Pachnser and my
or all of fe Purcbasers affairs, agents and employees fmm and against my and all claims, losses, damages,
charges or expenses, whether direst or indirect, and wharf rr to persons o property to which the Purchaser may
be put or subject by gown of my act, action, neglect, omission or default on the pan of the Seller, my of his
contractors, ar any of the Sellers or contractors oMr., egrnts or employees. In case any suit or other
proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account ar
by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or
their olEcaa, agents or employees se a6resaid, the Sella hereby, agates to assume the defense thereof and to
defend the same at the Sellers own expense, to pay any and all cnsts, charges, anomryl fees and other expenses,
any and ell judgments tom may he incurred by or obtahmd almost the Purchases or my of its or then onions,
agents or employees iv such suits or other proceedinl and in cox judgment m other Her he placed upon or
abawed against He property of flue Pacbmer, m said ponies in or as a result ofsuch suits or other proceedings,
the Sella will at home cause the same to be dissolved aged discharged by giving bond or ohcwise. The Sella and
his cmmmetnrs shall take all safety precautions, famish and insndl all guard nmmmry for the prevention of
accidents, comply with all lawx and regulations wit regard to safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant Negro.
Revised 07n014