The URL can be used to link to this page

Home My WebLink About102747 JAX OUTDOOR GEAR - PURCHASE ORDER - 3215024PURCHASE ORDER PO Number Page C117/ of PURCHASE 15024 1 of z ' `t Collinsr Vhis number must appear 1 1 on all invoices, packing sli s and labels. Date: 01/02/2015 Vendor: 102747 JAX OUTDOOR GEAR ATTN: ACCOUNTS RECEIVABLE 1200 N COLLEGE AVE FORT COLLINS CO 80524 Ship To: TRAFFIC OPERATIONS CITY OF FORT COLLINS 626 LINDEN STREET FORT COLLINS CO 80524 Delivery Date: 01/02/2015 Buyer: Note: Line Description Quantity UOM Unit Price Extended Ordered Price I Signal Construction Supplies Annual 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@fogov.00m 1 LOT LS 5,000.00 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. COMN ERCIAL DETAILS. Tax exemptions. By statute the City of Fon Collins is exempt from some and local taxes. Our Exemption Number is 11. NON WAIVER. 98-04502. Federal Excise Tat Exemption Certificate of Registry 84-6000587 % registered with the Collector of Failure of the Purchaser to insist upon strict performance of the team and conditions hem[ failure or delay to Intemal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). a ise my rights or remedies provided herein a by law, faille on promp 1, notify the Seller in Be event of. breach, the sces stance afor pymmt for good hereunder in apparval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due a failure to meet specifications, dtha when shipped or due to defects of any of the wamntia of obligations of Nis purchase order and shall not be deemed a waiver of may right of the damage in transit may be craw d[ to you for credit and are not to far replaced except upon receipt of wrinen purchaser to insist upon short performance hereafm my of its rights or remedies as to my such goods, regardless instructions, from the City ofFort Callum. of when shipped, received or accepted, as in my prim at subuquml default hereunder, wr shall my purport Orel modification or rescission of this pureMse order by the Purchaser operate as a waiver of my of lie toms Inspection. GOODS are Sahara to she City of Pon Collins bnspection on arival. heaver. Final Acceptance. Receipt of the merchandise, surcires or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fan Collim. However, it is to be understood Out FINAL Seller and the Purchaser recognize that in actual aromatic prmria, overcharges resulting from antitrust ACCEPTANCE is dependent upon compleion.fall applicable oar,w red irepation praedum. violations art in fact home by the purchase, Tbmofore, for good rats¢ said as consideration for executing this purchase order, the Seller hereby wssigm a the Purchaser any and all claims it may now have or heaafler Freight Terms. Shipman% most be F.O.B., City of Fell Collins, 700 Wood St, Fon Collins, CO 80522, it. acquird unda federal or state antitrust laws far such overcharges ash, to the pmienlar goods or service otherwise specified on this order. Upermission is given to prepay freight and change separately, the original fight purchased or acquired by the Purchases pursumt to this purchase moths. bill mot wcomomv invoice. Additional chanes for wmkin t will not be reacted. Shipment Distance. Where mnufwtwom have distributing points in various pans of the country, shipment is expected from the nearest distribution point to da inafion, and excess freight will b deducted from Invoice when shipments are rode from greater distance. Pewits. Seller shall procure a sellers sole cost all vmawsry pmmrs, certifiwes and licenses respond by all npplicable laws, replace, orNnanas and roles of the sate, municipality, to mar, or political subdivision where the work o performed, or recurred by any other duly surrounded public authority laving jurisdiction over the work of vendor. Seller lumber agrees to hold the City of Fell Collins harmless from and against all liability sad loss incurred by them by reason of asrted or established violation of any such laws, regulations, ordinances, roles add an se requirements. Authorization. All ponies to this conduct agree that the aprtsmarives are, in fact bum fide and possess full and complete authority to bird said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance, to Use it. and conditions stall herein set ford and any supplemmary a additional than and conditions annexed here. or incorporated herein by reference. Any additional or different reins and conditions proposed by seller ere objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make wmplele shipment o arrive on your promised delivery dam as noted. Time is of the assence. Delivery ad performance mast be eeau d within the time stand on Use purchase weres and the dacumucts itachcd heart. No arts of Ue Purchasers including, without limiurion,xMr.. nfpmial lure deliveries, shall Walsh, as is waiver rdiis poviswn. In the ,at ofmy delay, die Purchaser that have, in addition to other legal soul equitable remedies, the option ofplacing this mdm elsewhere and holding the Seller liable for damages. However, On Seller shall not be liable for damages as a result of delays due to causes not reasonably foresewble which arc beyond its reasonable control and without its fault of negligence, such was of Good, cars ofciel or military authorities, gevernmental priorities, fires, strikes. Rood, epidemics, wars or riots provided that notice of the condition causing such delay is given to the purchaser within five (5) days of the rime when the Sella Grsl received knowledge thereof. In the event of any such delay, the dam of delivery shall b extended for the redid equal to the time woolly test by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, mteriak and work toward by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purpasa intended, and performed with the highest degree of care and competence in i ccomance with accepted standard for work of a similar metre. The Seller ogees to hold the purehour harmless from any loss, damage or expense which the Pumbaser may suffer or incuron account of the Sellers branch of warmnry. The Seller shall replace, repair or make good, without cast to the purchaser, any defects or faults arising within one (I) year or wiOOn such longer peril of time as may be pocscribd by law or by the hems of my applicable warmnry poi by the Seller after the date of wcepawe of the goods Punithd hereunder (wcepimO net to be uwwxWmly delayed). resulting from umpertt or defedve work dame, Or rmtenals Ratified by the Sella. Acceptance or tau of goods by the Purchaser shall not onstiam a waiver ofany claim under this warranty. Except as otherwise pmaidd in this purchase order, the Sellers liabil iry hereunder shall .,aid to all damages pmaimetot, caused by the breach of any of the foregoing warmntis, or guarantees, but such liability shall in no event include Ims ofp,.rla of loss of tile. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes m legal ems by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaver may make any changes a the hems, other Nan legal term, including additions no or deletions from the quarrica, originally ordered in the specifications or drawings, by vabal or written change order. If any such change affairs the amount den a the time of performance hemanda, as equitable adjusmenl shall be made. 6. TERMINATIONS. The Purchaser may at my time by women change order, atmima this agreement as to my or all poNom of the good then not shipped subject to any equuratic djustlwnt btwem the parties as a my work or mterials then in progress provided that the Purchaser shall not be liable for any claims far mlicipied profits on the mmmpletd portion of the goad andim work, fen incidental or consequential damages, and Nat no such Wjmtment be words, in favor of the Seller with respect to any good which art Use Sellers standard stock. NO such tewimmoa shall relieve the Purchaser or the Sella ofmy oftheir obligations as to my good delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjournment most be increased within thirty (30) dsys from the date the change or termination is ordered S. COMPLIANCE WITH LAW. The Seller warrants Out all goods mid hereunder shall have been produud sold delivered and fiunishd in strict compliance with all applicable laws and regulations to which the good we subject. The Seller shall execue and deliver such documents as may be required to affect or evidence compliance. All laws and regulmiom required o be incorporated in agreements of this character ere hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all Owns and damages colt d by the Purchaser as a ..it of the Sellers Olum to comply with such law. 9. ASSIGNMENT. Neither party, shall assign, number, or convey this omen, or my monies due or o become due he ender without the prim wriuea consent afthe Ofer parry. 10. TITLE. The Seller warrants full, clew snd u tdcred title to the Eurehacef for all equipment, materials, and item fumishd in perficermince of this agreemml free and dear of may and all licm, Parictions, reservations, security interest ens agesswaandclaimof.f- 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser direc%the Seller to coned nonconforming or defective goods by a &to be be agreed upon by the Purchaser and the Seller, and the Seller thereabout indicates its inability or unwillingness to comply, the Purchaser may came the work to be pedormd by Us, mast expedhums mom available to it, and the Seller shall Pay all eras associated with such work The Seller shall elver the Purehasm and its contractors of may tier from all liability and claims of my time resulting rem the performance afsach work. This release shall apply even in the event of fault of negligence of the parry relayed and shall extend to the directors, officers and employees ofauch Party. The Setters contractual obligations, including warranty, shall not be deemed to b radical, in any way, feature such work is performed or caused N be performed "a Purchaxr. 14. PATENTS. Whenever the Seller is required to use any design, device, mterial or process woad by true,, pund, trademark r copyright, the Seller shall indemnify and save handless the Purchaser firm any add all claim for inflationism by mason of the use of such patented design, device, =lariat or process in connection with the sundial, and shall indemnify the Purchaser far any cos,..pees, or damage which it may be obli,rd to pay by reason ofauch infringement at any time during the prosecution or after the completion of the work. In case said equipment, at my Raw Order or Use mounted doe of the goads, is in such suit held to Omtitute infringement road the use of said aluiprww or Put u enjoined, the Seller shdl, at its own expense nul Or its option submit prwae for the Pmchxser, the right to a... to ttg said equipmed, or pans. replace the same with substantially equal but wwwfringing equipment.car modify it so it becomes no ffifir gjng. 15. MSOLVENCY. If the Seller shall become insolvent or boalwpt, make an assignment for the benefit of creditors, appoint a muerver or trustee for my of the Sellers property or business, this order may foMwiN be canceled by the Purchases. without liability. 16. GOVERNING LAW. The dfiulhiam of team used or do, interprtsadon of the agreement and the rights of all prat hereunder shall be cmtrued coder add governed by the laws afNe State i fC.Immum, USA. The fallowing Additional Conditions apply only in taus where the Seller is to Perform work hereunder, including Use slices of Sellers Represensative(s), on the premises af.thers, 17. SELLERS RESPONSIBILITY. The Seller shall army on said work at Sellers own risk mdl the acme 6 fully completed and woepted and shall, in case of any wcidem, destruction or injury 1. the work andlor materua, befog Sellers foul completion dud wcrytantt, complete the work at Sellers own expe-•• ad to the mtisfaction of the Ruchasm. Wbv =aerials and arm mmr an fumishd by others for installation or erection by the Seller, the Seller shall came, unload. sore and handle same at the site and become responsible therefor as though such malaria ad/or ex,opment was being fumishd by the Seller under the order. I S. INSURANCE. The Seller shall, at hiss own expense, provide for the Payment of workers compwassiun, including occupational disease benefits. to its employees employed on or in eomation with the wok several by this purchaw order, anther to their dependents in wOrdonce with the laws of the ..to in which the work Is o be done. The Senn shall also cart, compahens ve general liability including. but not limited m, corimmual and automobile public liability insurance with bodily injury and death limits of m least $300,000 for my me person, E50l" for any one accident and property damage limit per accident of $400,IR10. The Seller shall likewise nature his Ontraams, if any, to provide for such compensation and insuaner. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, me Seller shall fmish he Pmchuer with a eeNfcate Nat such comperartion and insurance have been provided. Such wnificara shall specify the date when such coo pekoe ma and insurance have ben provided. Such certificates shall specify Oc doe when such mmpemmita and insurance expires. The Seller egnees than such compemalion and insurance shall be maintained mail after the mine work is completed and wmptod- 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assume the entire mipansibiliry and liabil iry for any and all damage, loss or injury dany kind r nsare whatsoever to persons or property caused by or resulting from the execution of ha work provided for in this purchase order at in connection herewith. The Seller will indemnify and hold harmless the Purchaser and my or all of the Purchasers officers, agents sad employees fmm and against any and all claims, losses, damal chages w expenses, whether direct as, judicial, and whether to persons Or property to which the Porehwer cosy be put Or subject by reason of any act, action, ncgla-d, omission or default on the pan of the Seller, may of his contactors, or my of the Scllem or continuous officers, agents or employees. In case my suit or other proceedings shall be brought against the Purchaser. a its officers, agents or employees at my time on account or by reason of any act, action, neglect, omission or default of the Seller d my of his contractors or any of its or their offer., agents a employees as aforesaid, the Seller hereby agrees to assume the defense thereof end to defend the soave at the Sellers own expense, a pay my and all costs, dirges, summers f end ether exptsus, my and all judgment, Out may be incurred by or obaii d against the Pochatc or my of its or thew officers, agevs or employees w such soots or whet procedwgs, and In case judgment an other lira be placed upon or obtained against the property of the purchaser, or said pmia in or to a mach ofauch suits or other proceedings, the Sella will el once ®use he same to k dissolved anal discharged by giving boad a otherwise. The Seller and his ventrucors shall sake all safety precautions, famish and install all guard necessary for he prevention of accidents, comply with all laws and regulations with regard in safety including but wUhoul Indication, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursmnr thereto. Revised OTR014