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HomeMy WebLinkAbout189206 HARCO ATHLETIC RECONDITIONING - PURCHASE ORDER - 9150048Fort Collins Date: 0110712015 Vendor: 189206 HARCO ATHLETIC RECOI 520 N LINK LN FORT COLLINS CO 80524 PURCHASE ORDER PO Number Page 9150048 loft This number must appear on all invoices, packing sli s and labels. Ship To: NORTHSIDE AZTLAN COMMUNIT NG CITY OF FORT COLLINS 112 WILLOW FORT COLLINS CO 80524 Delivery Date: 01/07/2015 Buyer: WILSON, JILL Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 recondition fb helmets Inv. 19873 dated 12/17/14 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 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. COMMERCIALDEfA1LS. Tax exemptions. By statute the City of Fort Collins is exempt from stain all local Uxn. Om Exemption Numb, is I L NONWAIVER. 98 04502. Federal Excise Tax Exemption Cenificak of Registry e4-6000587 is registered with the Collector of Future of the Purchaser to insist upon stria pert core of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Sumter, 1973, Chapter 39 26,114 (a). ascribe any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance arm payment for goods hereunder or approval offs, design shall not release the Seller of Goods R jested. GOODS REJECTED due to failure to meet specifntions, either when shipped or doe to defects of any of the wammtia or obligations of this purchase mda and shall not be domed a waiver of my eight of the damage in tratnit, may be, rammed m you far credit and art not no be replaced except upon annapt of woven purchsser at insist upon stein performance henafm any of its rights or remedies m to any such goods, regardless instructions from the City of Fort Collins. of him shipped, received or accepted, as m any, prior or subsrquent default heaunda, nun shall any purpomd oral morilration or rescission of this purchase order by the Purchases operate as a waiver of any of the terms Inspection. GOODS are subject m she City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services m gmmand in r.,am to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorised payment on the pan of the City of Few Collins. However, it is to b, understood that FINAL Seller and the Purchaser recognise that in actual economic practice, o ercharga resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact home by the Purch er. Theretofore, fur good cause and as consideration for executing this purchase aide, the Seller hereby am na, to the Purchaser my and all claims it may now have or hereafter Freight Terns. Shipments must be F.O B., City of Fort Collins, 700 Wood SL, Fan Collins, CO 80522, unless acquired under lateral or state antitrmst laws for such overcharges miming to the particular goods or services otherwise specified on this order. If permission is given to prepay (eight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase under. bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manuf Curers have distributing poims in scrims puns of the country, shipment is expected from the n rest distribution point m dramatic , and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Sella shall picture at sellers sole cast all narrow, Fermin, onificaes and licenses resigned by all applicable laws, regulation, ordinances and roles of the state, municipality, territory or political subdivision where the work is Performed, or required by any other duly terminated public authority havingjudsdinion over the work of vendor. Seller fuller agrees to hold the City of Fort Collins harmless from and agaireat all liability and loss incurred by them by rcawn arm measured or established violation army such laws, regulation, odor mars, roles and res, irmars. Authentication. All parties to Otis contract agree that the repremendiven art. in fact. bent fide and posseas fun and complete authority to bind mid poims. LIMITATION OF TERMS, This Pumhace Order expressly limits acceptance to the mina and conditions stated herein tit forth and any supplementary or additional tents and conditions annexed herein or incorporated herein by reference. Any additional or dif newts —and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment m arrive on your promised delivery date n noted. Time is of the essence. Delivery and performance must he effected within the time stated on the purchase order and the documents attached herein No cam of the Purchasers including, without limitation, acceptance of partial late chimema, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition mother legal and equitable remedies, the option of placing this oMer 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 control and without its fault of negligence, such eras of GW, act of civil or military aiflawn , govsnmental priorities, fires, strikes, flood, epidemics, was on nob provided Out notice of the condition causing such delay is given m the Purchaser within five (5) days of the time when the Seller fro received knowledge thereof. In the event of my such delay, the time of delivery shall W extended for the period gual to the time wha ly lost by reason ofhe delay. d. WARRANTY. The Seller warrants that all goods, micles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the Former intended, all performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees m hold the purebman harmless from any loss, damngr or expanse which the Purchaser may suffer or incur oa azcowt of me Sellers breach of wa 1y. The Seller shall replace, repair or make good, without cost to the purchase. any defers or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terns of any applicable wasrany provided by the Seller her me &m of acceptance of the goods famished hereunder (mcepwce not to he unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not institute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers Imbil icy 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 MERCI IANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY, 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terns by written change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes to the terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by venial or written change order. If any such change alTess the amount due or the time of perfomwee hereunder, an equitable mlja mein shall be made. 6. TERMINATIONS. The Purchaser may at my time by wrinen change order, terminate this agronomist in to any or all portion of the goods then not shipped, subject many portable sib tment hawsen the pairs as to any work or materials then in Progress provided that the Purchaser shall not be liable for my claims for anticipated .for oa the urncomplered Anion of the goods aadror work, far incidental or consequential damages, and for no such udlasuueut he made in favor of the Sella with respect o my goods which we the Sellers woodland stack. No such mrminstion shall reline the Purcham,r or the Seller army of their obligation as to my 600& delivered hereunder. t. CLAIMS FOR ADJUSTMENT. Any claim for adjustment at he assured within Nirry (30) days from the data the change or larrimrion is ordered. 8. COMPLIANCE WITH LAW. Thu Seller warrants that all goods cold hereunder shall have been produced, sold, delivered and famished in mom compliance with all applicable laws and regulations to which the goods are mbjurl.'I'he Seller shall execute and deliver such documents as may be impaired to effect m evidence compliance. All laws and regulations raptured to be incorporated in agreements of this mountain we hereby incaryomted herein by this reference. The Seller agrees to indemnify and hold the Purchases harmless Imo all cosh and damages suffered by the purchaser as a result of the Sellers failure to comply with such row. 9. ASSIGNMENT. Neither piny shall resign. nanfet, or convey this order, or my mania due in to become due hereunder without he prior written consent of the other party. 10, TITLE. The Seller wanwnts full, clear tad maintained fide an the Purchases for all equipment, mounds, and it. Famished in 'arinfinationer, of this agreement, f all clear of tiny and all liars, asrdation, rnervutiom, saumry imeren encumbrances and claims of.thers. 13. PURCHASERS PERFORMANCE. OF SELLERS OBLIGATIONS. If the Purchaser direct the Seller to correct nonconforming or defective goo& by a date to be agreed upon by the Pu errour and the Sella, and the Seller therrafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to he Performed by the most expeditions means mailable to it, and the Seller shall pay all costs associated with such work. The Seller shall mi. the Purmsser and its contractors of any at from all liability and claims of any come reaching from the performance ofsuch work. This manse shall apply even in the event of fault of negligence of the party released and shall extend to the directors, olficars and employees ofsuch parry. The Seller's contactual abligationv, including w ri zloou hot be domed an be, reducrd, in my way, because such work is psformW or award m he performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by truer, patent, ha der ark in copyright, the Seller shall indemnify and save hardest the Purchaser from any and all claims for infHngerrad by reason of the use of such Formed design, device, malarial or process in connection with the contract, and shall indemnify the Purchaser for any cast, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan 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, w its own expense and at its option rimer procure for the Purchaser the right to continue using said equipment or parts, replace the sane with substantially valued but noninfringing equipment, or modify it so it becomes mainGnging. 15. INSOLVENCY. If the Sella shall become insolvent or bankrupt, make an assignment for the bencft of creditors, appoint a reserner or trustee for my of the Sellers property, or busineu, this order may forthwith he canceled by the Purchaser without liability. 16. GOVERNING LAW. The definition i f Irons used or the im s road on othhe agreement and the rights ofail panic hercmdo shall W construed under and governed by the laws of the Sure of Colorado, USA. The following Additional Conditions apply only in causes when the Seller is to psfarun work Imcuden metudw, the services of Sellers Re,w s urflowe(s), oa the premises of miters. It. SELLERS RESPONSIBILITY. The Sella shall any on said work at Sellers own risk until the come is fully completed and worptod, and,bull, in se of any accident, destruction or injury to rise work and/or materials before Sellers final completion and acceptance. complete the work at Setters own expense and to the satisfaction of the Purchaser. When materials and equipment arc famished by others far instillation or section by the Sella, the Seller shall receive, unload, store and handle same at the site and become responsible therefor in though such materials author equipment were being famished by the Seller under the order. 18. INSURANCE. The Sella shall, at his own expense, provide for the FYment of workers compensation, including occupational disease bmefits, to its employees employed on or in cormenion with the work covered by this purchase order, and/or to their dependents in accordance with the hws of the some in which the work is to be done. The Seller shall also carry comp chimaw, general liability including, but not limited to, contractual all automobile public Inability insurance with bodily injury and death limits of at least 5300,000 for any one person, 5500,O00 for any one accident and property damage limit per accident of Small , The Seller shall likewise squire his commur ma, if any, to provide for such compensation and inurance. Before any of the Sellers or his contanors employees shall do any work upon the premises of others, the Seller shall furnish the Purchuer with a cedifrcam door such connotation. and insurance have been provided. Such cenifirma shall specify the date when such compensation and insurance have ban provided Such anilcates shall specify the date when such compecomiou ad insurance expires . The Sella agrees Out such comperswtion and insurance shall be anummined unfit more the entire work is completed and swer"od. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. gfie Seller hereby uama the entire responsibility and liability for my and all damage, loss or injury army kind or retme whammvrr to persona or property caused by or resulting from the execution of the work provided fro w this purchase order or in connection herewith. The Seller will indemnify and hold hamthrs the Purchase and any r all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or induced, and whether to persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, my of his ompoud. , or any of the Sellers or contractors olBcms, agents or employees. In case my it or other proceedings shill be brought against the Purchaser, or its officers, agents or employees at any time on account of by mason of my act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay my and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by m obtained against the Purchaser or my of its or their officers, agents or employees in such suits or other proceedings, and m cam, judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parries in or as a result ofsuch suits or other proceedings, the Sella will in once cause the mine to be dissolved and discharged by giving bond or otherwise. The Seller all his contractors shall sake all solely prsmtioru, finmish and mull all guards nccesvry, for the prevention of accidents, comply with all laws all regulations with regard m saRry including, but without limitation, the Cameroon] Safety and Health Act of POO and all roles wad regulation issaed pmsumt Onnw. Revised WR014