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HomeMy WebLinkAbout102747 JAX OUTDOOR GEAR - PURCHASE ORDER - 3215227PO PURCHASE ORDER 321522er Page City of PURCHASE 5227 ' of 2 ' `ppearl t Collins/ his number must packing ` `I 1 1 on all invoices, packing sli s and labels. Date: 01/1212015 Vendor: 102747 JAX OUTDOOR GEAR ATTN: ACCOUNTS RECEIVABLE 1200 N COLLEGE AVE FORT COLLINS CO 80524 Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 01/12/2015 Buyer: PAT JOHNSON Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity UOM Unit Price Extended Ordered Price 1 2015 Blanket Order Supplies, Clothing, Safetyboot 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 65,000.00 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 Confftim Page 2 of 2 I. COMMERCIALDETAILS. Tax exemptions. By swum the City of Fon Collins is exempt main state and local taxes. Our Exemption Number is I L NONWAIVER. 98-01. Federal Excise Tax Exemption Cenifeste of Registry 84-6000587 is registered with the Collector of Fdlure of the Purchaser to insist upon mitt performance of the terms and conditions hereof. failure or delay to Internal Revenue, Denver, Colorado (Re Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, fiblum to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejecled, GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obi lgations of this purchase order and shall not be deemed a waiver of any right of the damage in trmsit may be returned to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon inner performance hereofor any ofits rights or remedies as to my such goods, regardless instructions fmm the City of Pon Collins. of when shipped, received or accepted, as to my prior or subsequent default hereunder, nor shall my purported oral modification or rescission of this purchase order by the Purchaser operate ass, a waiver of my of the terms Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. better Final Acertance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. welarixed payment oa the pan of the City of Fort Collins. However, it is to be undemoad that FINAL Seller and the Purchaser «mgniss that in actual economic practice, overcharges resuting from antitrust ACCEPTANCE is dependent upon completion of ell Whitecaps required inspection procedures violations are in fact some by the Purchaser. Thewrifin e, for goad cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser my and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood Su., Fart Collins, CO 80522, unless acquired order federal or state antim r laws for such overcharges relating to the particular goods or services otherwise specified on this order. if permission is given to prepay freight and charge sepmacely. the original freight purchased or acquired by the Purchaser pursuanno this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance Mere manufacturers have distributing points in us pans of the country, shipment i5 If the Purchaser directs the Seller to correct nonconfmming or defective goods by a date to be agreed upon by the expected from the nearest distribution print to destitution, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or =willingness to comply, the Purchaser shipments are made fmm greater distance may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cast all necessary permits, certificates and licenres required by all applicable laws, regulations, ordinances and rules of the sure, municipality, temtory or political subdivision where the work is performed, or required by any other duly cmmimted public authority, having jurisdiction over the work of vendor. Seller fuller agrees to hold the City of Fort Collin harmless fmm and against all liability and loss incurred by them by reason of an assumed or established violation of my such laws, regulations, ordinances, soles and requirements. Authonection. All pounds to this contract agree that the representatives are, in fact bona fide and possess full and comp] em authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and my supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you or make compleoe shipment an arrive on your promised delivery code as noted. Time is of the wunre. Delivery and performance most be effected within the time scored on the purchase order and the documents reached hereto. No acts of she Purchasers including, without limitation.acceptmce of partid lane dclivedes, shall operate as a waiver of this provision. N the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding she Seller liable for damages. However, the Seller shill rim be liable for damages u a result of delays due toacts of reasonably foreseeable which are beyond its reasonablecontrol and without its faultemnegligence, such pros id God, ant of civil or military s causing governmental given to ems strikes, food epidemics warsor he riots provided that notice re the conditions causing such delay is given to the Purchaser within five delivery days of the time when the Seller ern received knowledge thereof In the event of any such delay, the dare of delivery shall be extended for the period equal to the time actually lose 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, specificarions, samples and/or other descriptions given, will be fit for the purposes intended and Performed with the highest degree of cue and competence in accardence with accrued standard for work of a imilar nature. The Seller agrees to hold the purchaser harmless from my loss, 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 good, without cost to the purchaser, my defects or faults arising within one (1) year or within such longer petiod of time as may be prescribed by law or by the terms of my applicable warrmty provided by the Seller afer the date of acceptance of the goods famished hereunder (acceptance not be unreasonably delayed), resulting form imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not Consulate a waiver of my claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend In all damages proximately caused by the breach of my of the foregoing wananuies or guarantees, but such liability shall in no event induce 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 Purchaser may make changes to legal terms by written change order 5. CHANGES IN COYLMERCIAL TERMS. The Purchaser may make any changes to the terms, other dram legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time of pesformmet hereunder, an equitable adjustment shall be made. 6 TERMINATIONS. The Purchaser may an my time by wdnen charge order. terminate this agreement as to any or all portions of the good then not shipped, subject to my equitable adjumrr om between the parties u to my work or materials then in progress recorded than the Purchaser shall not be liable for my claims for anticipated profits on the =completed potion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in Power of the Seller with respect to my good wfiich are the Sellers sundad stock. No such termination shell relieve the Purchaser or the Seller of any of their obligations as to my goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be aasened within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the good arc subject. The Seller shall execute and deliver such documents as may be required to termer or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incoryorated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all tests and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law, 9. ASSIGNMENT. Neither parry, shall assign, transfer, or conunry, this order, or my monies due or to become due hereunder without the prior wrinm consent of the other parry. 10 TITLE The Seller warrants full, clear and =restrictedtiderothe Purchaserforel equipment, materials, anditemsfamished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. The Seiler shall release the Purchaser and its contractors of my net from all liability and claim of my nature resuldng fmm the performance of tech work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, oficers and employees of such party. The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in my way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use my design, device, material or process covered by letter, patent, trademark or copyright the Seller shall indemnify and save harmless the Purchaser from my and all claims for infringement by reason of the use of such rumored design, device, material or process in connection with the contract, and sMil indemnify the Purchaser for my con, expose or damage which it may he obliged to pay by rtawn of such infringement at any time during the prosecution or after the completion of the work. In case said equipment or my pan thereof or the intended coo of the good, is in such suit held to c nsisme mfin,sprom and the use of said ryuipment or pan is enjoined, the Seller that], at its own expense and in its optier, either procure for the Purchaser the right to continue using said equipment or pans, replace the same width substantially equal but reminfringing equipment, or modify it so it becomes noninMnging. 15. INSOLVENCY. If the Seller shall became insolvent or b=kmp% make an assignment for the bereft of creditors, appoint a receiver or trustee for my of the Sellers progeny or business, this order may foMwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of ohms used or the interpretation of the ysreemmt and the rights of all parries hereunder shall be conswed under and governed by the laws of the Sum of Colorado, USA. The following Additional Condl6ms apply only in cases where the Seller is to perform work hereunder, including the seances of Sellers Repwarestmlve(s), on the premises cruisers 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work in Sellers own risk until the same is fully completed and accepted, and shall, in se of my accident, destruction or Injury to the work mdlor materials before Seller's final completion and sccrtance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by the Seller, the Seller shall receive, unload, same and handle same at the site and become responsible therefar as though such materials an(Por equipment were being famished by the Seller under the order. I8. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupmawl disease Emery, to its employees employed on or in connection with the work covered by this purchase order, andor to their depmdmer in accordance with the laws of the state in which the work is to be done. The Seller sball also carry comprehensive general liability includin& but not limited to, comments! and automobile public liability insurance with bodily injury and death limits of a leant S300,000 for my one person, $500,000 far any one accident and property damage limit per accident of i100,000. The Seller shall likewise require his contractor, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do my work upon the premises of others, the Seller shall famish the Procurer with a cenificus that such compensation and insurance have been provided. Such certificates shall specify the date when such onummorion and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees drat such compemation and insurance shall the maimained until after the mire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES, The Seller hereby assumes the more responsibility and liability for my and all damage, loss or injury of my kind or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hamdess the Purchaser and my or all of the Purchasers officers, agents and employees from and against my and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of my act, action, neglect, omission or default on the pat of the Seller, my of his connection, or my of the Sellers or contractors officers, agents or employees. In case my suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of my act anion, neglect omission or default of the Seller of any of his contracmrs or my of its or their officers, agents or employees any aforesaid, the Seller hereby appear to assume the defense thereof and as defend the same at the Sellers own expense, to Pay my and all costs, dtarges, anconi fees and other expenses, my and all judgments that may be incurred by or obtained agvrm the Purehaur or my of its or their officers, agents or employees in such suits or other proceedings, and in cue judgment or other lien he placed upon or obtained against Elea property of the Purchaser, or said parties in or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contracmrs shall rake WE safety precautions famish and install all guard necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but velhom limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant therein. Revised 02R014