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HomeMy WebLinkAbout102747 JAX OUTDOOR GEAR - PURCHASE ORDER - 3215080Fort Collins Date: 01/09/2015 PURCHASE ORDER Vendor: 102747 JAX OUTDOOR GEAR ATTN: ACCOUNTS RECEIVABLE 1200 N COLLEGE AVE FORT COLLINS CO 80524 Delivery Date: 01/08/2015 PO Number Page 3215080 1of2 This number must appear on all invoices, packing sli s and labels. I Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS CO 80524 Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 2015 MISC 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 LS i 1,000.00 Pay terms net 30 days I 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. COMMERCIALDETAILS. Tax exemptions. By sawn the City of Fort Collins is exempt tram slate and local taxes. Our Exemption Number is I L NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84fi000587 is registered with the Collector of Failure of the Purchaser to insist upon sand performance of the It. and conditions hemoL failure or delay to Internal Revenue, Denver, Colomdo (Ref. Colorado Revised Stamto 1973. Chapter 39-26, 114 (a). cxeaise any rights or remedies provided herein or by law, failure In promptly notify the Seller in the even, of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejeda GOODS REJECTED due to failam to mad specifications, either when shipped or due m defects of any of the warranties or obligations ofhi, purchase order and shall nos be domed a waiver of any right of the damage in transit, may be returned to you for credit and ate not to be oeplaced except upon receipt of wrinen purchaser to insist upon stud performance hereof or any of its ruts or Munches as to my such goads, regardless instructions from the City of Fan Collins. of when shipped, received or aoepted, as to any prior or subaequent default hereunder, nor shall any ptlmponed Orel modification or rescission of this purchase order by she Purchaser operate m a waiver of any of the mans Inspection. GOODS are subject to the City of Fon Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equitation in response to this order can recall in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to te understood that FINAL Seller and the Purchaser recognize that in rational aonomic pmctia, onsawbarga result., fora It. ACCEPTANCE a dependent upon completion ofall applicable required inspection procedures. violations are in fact home by the Purchased. Theremfom, fro good muse and as coreide rrom for seating this Purchase order, the Seller hereby assigns to the Purchaser any and .11 claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St, Fort Collins, CO 80522, unless acquired under federal or state antimust laws for such overcharges rela,ing to the particular good or services otherwise specified im this order. If,danission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursann, do,his purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in vanmm pans of the country, shipment is Ifthe Purchaser directs the Seller to correct nonconforming or defective good by a date on be agreed upon by the expected from the amount distribution point to destionon, and excess freight will be doddered form Invoice when Pumbaer aW the Seller, and the Seller Hereafter indicates its inability or unwillingness in comply, the Purchaser shipments are made form greater disance, may cause He work to be performed by the most expeditious means available to it and He Seller shall pay all corn associated with such work. Permits. Seller shall procure at sellers we cost WI recessary permits, certifimtes and la. required by all applicable In., regulations, ordinances and roles of the scam, municipality, Rrtimry, or political subdivision where the work is Performed, or required by any other duly combated public authority having jurisdiction over He work of vendor. Seller Rather agrees to hold the City of Fort Collins harmless farm and against all liability card low incurred by Hem by reason of an assured or establehed violation of any such laws, regulations, ordinances, roles and requirements. AMIMnzmion. All parries m this contract agree that the a smaetiouves are, in fact, bona fide and possess full end complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tents and tro uldwm stood herein sec forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different tents and conditions popmtd by seller are objected m and hereby rejmed, 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to Move on year promised delivery date as noted. Time is of He eswrou. Delivery and performance must be effected within thc time sated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate a a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition W other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable Sir damages. However, the Seller shall not be liable for damages as it result of delays due to causes not easonably foreseeable which are beyond its reasonable coolant and without in fault of negligence, such act, ofGod, acts ofcivil or military authorities, goverrwantal priorities, fires, snakes, Rood, epidemics, was or riots provided that notice of me conditions causing mob delay is given to the Paamhaer within five (5) days of the time when the Seller fast received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal in the It=at ndly lost by rexmn of die delay. 3. WARRANTY. The Seller wanams that all goods, articles, materials aril were covered by this order will conform with applicable drawings, specifications, samples torpor other descriptions given, will be fit for the purposes intended, and Performed with the highest degree of care and competence in accordance with accepted standard for work of a similar nature. The Seller agrees to hold the purchaser harmless from any lass, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make growl, without cost to the purchaser, any defects or Exiles rasing within one (1) year or within such longer period of time as may be prevented by law or by the Tema of any applicable wartanV provided by the Seller aRa the, dose of acceptance of the goods famished RertmM (acemorm not to be unseasonably delayed), resulting form imperfect or defective work dorm or mareriab famished by the Seller. Acceptance or use of good by the Purchaser shall or consume a waiver ofany claim under this widearY Except as othmvise provided in this purcluto order, the Sellers liability hereunder shall extend to all damages pmmussely mood by the breach of any of th, foregoing wamamlcs or parom es, but soh liability shall in no event include loss of profits or loss of me. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY, 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal moms by wriraa change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to ode more, other than legal terms, including additions to or deldions no- de qumtitia originally ordered in the specifications or drawings, by verbal or wdnev change order. If my such change aRects the amount due Ormurae dhe time of perfuhereunder, an equitable adimm tmt shall be made. 6. TERMINATIONS, The Purchaser may at any time by wri e , change min, terminate this agreement as many or all portions of the good then rim shipped, subject to any equitable adiustment between the panics in to any work or materials fl m in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted ponion of the good amber work, for incidental or consequential damages, and duet no such adjustment be made in favor of the Seller with respect to any goods which me the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 2. CLAIMS FOR ADJUSTMENT. Any clam for adjustment most be assured within thimy (30) days from the date the change or temaination is ordered. S. C0MPLIANCE WTUH LAW. The Seller warrants that all good sold heremder shall have been produced, sold, delivered and fumuhed in wait compliance win all applicable laws and regulations to which ode goods arc subject The Seller shall execute and deliver such documents as may te 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 Seller agrees to indemnify and hold Ne Purchaser harmless from all casts and damages suffered by the Fructose, as a mark of the Sellm failure m comply with such law. 9. ASSIGNMENT. Neither party shall assign, tramfeq or convey this order, or my monies elm or W become due hereunder without the PH. wnnen common ofNe other parry. 10. TITLE The Seller warems fall, clear and mmratricted rude to the Purchaser far.11 equipn em, asterisk, and item founded in performc a of this agreement free and clear of my and all liars, matrlctions, reservations. savory interest emanobmncwand clams of others. The Seller shall release the Purchaser and its contmerors of any mar from all liability and claims of any nature resulting from He performance of such work. This release shall apply even in the seem of fault of negligence of the parry released and shall extend to the directors, officers and employees of such puny. The Sellers contractual obligations, including warranty, shall not be doomed to be reduced, in any way, because such work is perfommad or caused to be performed by He Purchase, 14. PATENTS. Wheneser the Seller is required an use my chugs, device, Material or process coveted by lever, pment mderaark r copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for arrangement by resume of the use of such patented design, device, rammed or process in commotion win the emtmc4 and shall indemnify the Purchaser far any cost, extreme or damage which it may be obliged an pay by reason or 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 m constitute inGngement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially tyual but naninlHnging equipment, or modify it so it becomes noninfnaging. 15. INSOLVENCY. If the Seller but become insolvent or bankrupt. make on assigmnem for the benefit of creditors, appoint a muciver or trustee for any of the Sellers property or business, this order may forthwith be mneeled by the Purchaser without liability. 16. GOVERNING LAW. The definitions afternes used or the interpretation of ode agreement and ode rights ofall parties hereunder that be consumed under and governed by the laws ofthe Stare of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including he services of Sellers Representtative(s), oa the premises of.ft rs. 17. SELLERS RESPONSIBILITY. The Sella shall carry on said work at Sellers own risk ,it the same is fully completed and accepted, and shall, he rase of any accident datorction or injury to the work andres aammmaa before Sellers fool completion and acaprmce, complete He work a, Sellers own expense aW to the samm mod of the Purchaser. When materiak and equipment ore famished by arbers for installation or erasion by the Seller, the Seller shall receive, ualmd, sore and handle same at the site and become responsible therefor as though such materials mdtor aryipment were being( fished by the Seller under the order. I B. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, andror to their dependent in accordance with the laws of the state in which He work is to be done. The Seller shall also carry comprehensive general liability including, bur not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least 5300dW fro any one person, S500,00) for any am accident end property damage limit For accident of 5400,000. The Seller shall likewise require has cormax wors, ifany, to provide Ira such compematum and immum, M. any of the Sellers or his coatmdom employers shall do any work upon the premaes of odmces, the Sellershrill fie nigh He Purchaser win a vcrtifmte Out such compensation and Minimum have them provided. Such curates shall specify the date when such compensation and immence have been provided. Such vertierues shall specify the dam when such compensation and immaae expire. The Seller agrees Rut such compensation and insurance shall be maintained mail after the entire work is complied and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby aaumes the emir, responsibility end liability for my and all damage, loss or injury ofany kind or nature whatsoever to peraa or Property caused by or resulting tram the execution ofthe work provided for in this purchase order or in connection henewiN. The Sella will indemnify and hold harmless the Purchaser add any r all or the Purchasers oIfcurn, agens and employees from and against any and all claims, losses, damages. charge or expenses, whether direct or indirect end wnethe, Io persons or property to which the Pmmbaser may be put Or subject by ,arson of any at, action, negkd, omission or default on the pan of the Seller, my of M1a con,rddms, or any of the Sellers or continuous officers, agents or employers. In care my suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time On account or by mason of my at, action, neglect, omission or default of the Sella of my of his contractors or my of its or their officers, agents or employees as aforesaid th< Sella hereby agrees m assume the defense nacof and to defend the some at fle Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or my of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parties in or as a result of such suits or other proceedings, the Sella will at once cause the score m be dissolved bad discharged by giving bowl or otherwise. The Sella and has contractors shall aka all safety promotion, Finnish and instill all guards necessary, for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupotioml Safety and Health Ad of 1970 and all roles and mplatims issued pastrami therem. Revised 07nO14