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HomeMy WebLinkAbout132950 TELEDYNE LEEMAN LABS - PURCHASE ORDER - 9111323City of �„,6rt Collins Date: 03/02/2011 Vendor: 132950 TELEDYNE LEEMAN LABS 6 WENTWORTH DR HUDSON New Hampshire 03051 PURCHASE ORDER PO Number Page 9111323 1of2 This number must appear on all invoices, packing slips and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 03/02/2011 Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Hydra II AA Mercury Analyzer C3. OYIL�nQ J� City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO 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 EA Total Invoice Address: 22,300.00 $22, 300.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL. DETAILS. Tax exemptions. Hy statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NON WAIVER. 98-0I502. Federal Excise Tax Excerption Certificate of Registry 94-f OO5R7 is registered with the Collector of Failure of the Purchaser to insist neon strict performance of the terms and conditions hercoE failure or delay to Internal Revenue. Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26. 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofthc design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to Failure to meet specifications. either when shipped or due to defects of any of The warranties or obligations of this purchase enter and shall not be deemeel a waiver crafty right of the damage in transit. may be returned to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hereofor any aria, rights or remedies as to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted. as to any prior or subsequent default hereunder, nor shall any purported am[ modification or rv,ci,,ien of this purchase order by the Purchiaer operate is a waiver of any of the Icm, Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. hcrcof, Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12, ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fort Collins. Howoter, it is to be understood that FINAL. Seller and the Purchaser recognize that in actual economic practice. overcharges routine fmm antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact borne by the Purchaser. Thiminfore. for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and of claims it may now have or hereafter Freight Terms. Shipments mast be F.O.D.. City of Fort Collins. 700 Wood St., Fen Collins, CO 90522. unless acquired under federal or state antitrust Imes for such merchargea relining to the particular grads or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser porsunnt to this purchase cider. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCIIASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is Tribe Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller dnrerftcr indicates its inability or now ilhagness to comply, the Purchaser shipn¢nts are made from greater distance. may cause the work to be performed by the most expeditious nnmns ivailahle to it, and the Seller shall pay all casts associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits certificates and liccnscs required by all applicable laws, regulinions, ordinances and roles of the state, municipality. territory or political subdivision where the work is performed. or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins hamlcss free, and against ell liability and Ins, incurred by them by reason of an asserted or established violation orate, such Imes, regulations, ordinances, rules and rcquimeri Authorization. All parties to this cro mct agree that the representatives arc, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set faith and any supplementary or additional tcmrs and conditions annexed hereto or incorporated herein by reference. Any additional or differcot tent and conditions p npesed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on vnnr promised delivery date as noted. Time is cfthc essence. Delivery and performance most be affected within the timc stated on the purchase order and the documents attached hereto. No acts of the Purchnscrs including. without limitation. acceptance of partial late dcli%%crics..shall outcome as a waiver of this provision. In the even array delay, the Purchaser shall have. in addition to other legal and equitable remedies, the option ofplacing this order 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 acts of Gnd, act of civil or military authorBics, goecmmcntal pdodtics. rims, strikes, Band, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall he extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller seamen that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other description, given, will he fit for the purposes intended, and performed with the highest degree of cam and competence in accordance with accepted standards far work of n similar ornate. The Seller agrees to hold the purchaser harmless fmm any loss. damage or expense which the Purchaser may suffer or incur on account ofthe Sellers breach of mammy. The Seller shall replace, repair or make good. without cost to The purchaser, any defect or fault arising within one (1) year or within mach longer period of time as may be prescribed by law or by the tams of any applicable mammy, provided by the Seller fret the date of acceptance ofthe goods furnished herennda (acceptance not to 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 constitute a waiver Of any claim under this mammy. Except as otherwise provided in this Purchase order, the Sellers liability hereunder sholl extend la all damages preximately caused by the breach crony ofthe foregoing warranties or guarantees, but such liability shall in no event include loss of profits or lass 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 wrincu change order. 5. CHANGES IN CONIMERCIAL TERMS. The Purchaser may make any changes to the mats, other than legal rams, including additions to or deletions from the quantifies originally ordered in the specifications or dra vines, by verbal or wrfnen change order. Unity such change affect the amount due or the time ofperfomnarec hereunder.an equitable adjustment shall he made. fi. TERMINATIONS. The Purchaser may at any time by written change order, unninnte this agreement as to any or ill puffers of the goods then not shipped, subject to any equitable adjustment between the panics as to any work or material, then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work. for incidental or consequential damages. and that no such adjustment he made in favor of the Seller with respect many good, which arc the Sellers standard slack. No such termination shall relieve the Purchaser or the Seller crony oftheir obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordcrcd. 9. COMPLIANCE WITH LAW. The Seller wmmmt that all goods sold hereunder shall have been produced, sold, delivered and furnished 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 It, required to effect or evidence compliance. All laws and regulations required to he incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold Ihe.Purchnser harmless from all cosh 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 convey this order, or any monies doe or to become doe hereunder without the priorwritten consent ofthe other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials. and items furnished in performance of this agreement. free and clear of any and all liens, restrictions, reservations, seen Ely interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any manic resulting from the performance of nich work. This neleasc shall apply even in the event of fault of negligence of the partreleased and shall extend to the directors, officers and employees ofsech party. The Seller', contractual obligations, including mammy, shall not be deemed to he reduced, in any wev, because such work is per(ormed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, do'ice, material or process covered by letter. patent. trademark or copyright. the Seller shall indenmify and save hamlcss the Purchaser fmm env and all claims for infringement by reason of the use of sinch patented design, do'ice. material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it nav be obliged to pay by reason of such infringement at any time during the prosecution or after the completion ofthe work. In case said equipment. or any pnn thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or part 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 parts, replace the same with substantially equal but naninfringing equipment, or modify it so it becomes noninfringire. 15. INSOLVENCY. If the Seller shall become insolvent Or bankrupt. make nn assignment for the benefit of creditors. appoint a receiver or trustee for any of the Sellers prnpeny or business, this order may forthwith be canceled by the Nuchascr without liability. Its. GOVERNING LAW. The definitions arteries used or the imegarctation of the agreement and the rights ofill panics hereunder shall be consumer] caner and governed by the tmvs ofthc State of Colnmde. USA. The following Additional Conditions apply only in cases %%here the Seller is to perform work hereunder, including the services ofSellers Represcatati%c(s), on the prcmiscs efothos. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's men risk until the same is fully completed and accepted, and shall, in ease array accident, destruction or injury to the work nil/nr materials before Scllcrs final completion and acceptance, complete the work or Seller's own expense and to the smisfaetion of the Purchaser. When materials and equipment arc famished by others for installation or erection by the Seller. the Seller shall receive. nalead, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being famished by the Seller undo the order, 19. INSURANCE. The Seller shill, at his own expense, provide for the payment of n'oders compensation, including occupational disease bencfils, to its employees employed on or in connection with the work cm'crcd by this purchase order, mayor to their dependents in accordance with the laws of the state in wv hich the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to. contractual and automobile public liability insurance with bodily injury and demh limits of at least S3000oo for anv one person. S500.000 for any one accident and pmperty damage limit per accident of S400,000. The Scllcr shall likewise regwire his contractors, irony. to provide for such compensation and insurance. Reran any ofthe Sellers or his contractors employees shill do any work upon the premises of mhos, the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance hate been provided. Such ec rifnemcs shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, Inc Or injury of any kind or nature whinsncvcr to persons or property caused by or roulling fmm the excnnion of the work provided far in This purchase order or in connection herenitb. The Seller will indemnify .and hold hurmless the Purchaser and any or all of the Purchasers officers, agents and employees fmm and against any and all claims, losses, damages. charges or expenses. whether direct or indirect, and whether to persons or prnpeny to which the Purchaser may be put Or subiect by reason of any act, action. neglect, omission or default on the pan of the Seller. any of his contractors, or any of the Sellers or contractors officers, agents 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 or by rc uon of inv act. action, neglect omission or default ofthe Seller of any of his contractors or any of its or their officers. agents or employees is aforesaid, the Seller hereby agrees to assume the defence thereof and to dcfcnd the same at the 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 any of its or their effects, agents or employees in such suits or other prceedings. and in case judgment or other lien be placed upon or obtained against the property ofthe Purchaser, or said panics in or as a result ofs ch suits or other proceedings, the Seller will at once cause the same to he dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions furnish and install all guards nececary for the proention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all index and regulations issued pursuant thereto. Revised 032010