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HomeMy WebLinkAbout215893 STERIS CORP - PURCHASE ORDER - 9117442PURCHASE ORDER PO Number Page City Of 9117442 t of z ' `this number must appear Collins1 '�7 on all invoices, packing slips and labels. Date: 12/15/2011 Vendor: 215893 Ship To: WATER UTILITIES STERIS CORP CITY OF FORT COLLINS 5960 HEISLEY RD 700 WOOD ST MENTOR Ohio 44060-1834 FORT COLLINS Colorado 80521 Delivery Date: 12/15/2011 Buyer: OPAL DICK Note: Line Description Quantity Ordered UOM Unit Price Extended Price Select Choice Maintenance 1 LOT EA 3,319.15 Agreement Jan 1, 2012 - Dec. 31, 2012 Equipment: AMSCO RE 211030045 Sterilizer Send Coov of agreement w/PO 82006830/13 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 Total $3,319.15 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tcros and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Ton Collins is exempt from state and local mxa. Our Exemption Number is 98-fW502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit, may be rammed to you for credit and am not to be replaced except upon receipt of writen instructions from the City of Fort Collins. Inspection. GOODS am subjmt to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon strict perfmmanee of the terms and conditions hereof, failure or delay to exercise any rights or remedies provided herein or by law, failure to pmmptly notify the Seller in the event of a breach. the acceptance ofor payment for goods hereunder or approval of the design, shall not r,lease the Scllcr of any of the warranties ar obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hcreoforany of its rights or remedies as to any such goods, regardless of when shipped, mmived or accepted, as to any prior or subsequent default hereunder, nor shall any purpnnc l nnl modifiention or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. 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 Fan Collins. However, it is to be understood that FINAL. Seller and the Purchaser recognize that in actual cennomic practice, overcharges resulting from antitmst ACCEPTANCE is dependent upon completion ofall applicable required inspection pmcedurcs, violations are in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchascr any and all claims it may now have or bereancr Freight Terms. Shipments must be F.O.B_ City of Fon Collins, 700 Wood St. Fort Collins, CO 90522. unlec acquired under federal or state antitrust laws for such nvcrehargcs relating to the pamicular goods or services otherwise specified on this order, Upermission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order, bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance Where manufacmren have distributing points in various pans of the country, shipment is Ifthe Purchaser directs the Seller to coffee, nonconforming or defective good by a date to be agreed upon by the expected from the nauest distribution point to destitution, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchascr shipments am made from greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pav all costs associated with such work. Permits Scller shall procure at sellers sole cost all necessary permits, certificates and licenses required by at] applicable laws, regulations, ordinances and odes of the state, municipality, territory or political subdivision where the work is performed, or required by anv other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmlcn from and against all liability and lox incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances. rules .ad nap itements. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set fonh cad any supplementary or additional tears and conditions annexed hereto or incorporated herein by ,efcrenec. Any additional or different terms and conditions proposed by seller are objected to and hereby mjcetcd. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to nrivc on your promised delivery date as noted. Time is ofthc essence. Delivery and perfurannec most be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchnscrs including without limitation, acceptance ofpanial late deliveries, shall operate as a waiver ofthis provision. In the event of anv delay, the Purchascr shall have in addition to other legal and equitable remedies, the option nfplacing this order clsewhcm 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 arc beyond its reasonable control and without its fault of negligence. such acts of God, acts ofeivil or military ant umms, governmental priorities. fires. strikes Rood, epidemics. wars or riots provided that notice of the conditions causing such delay is given to the Purchascr 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 be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, anicl s, materials and work covered by this order will conform with applicable drawings, specifications, wmplcs and/or other description 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 lox, damage or expense which the Purchascr may suffer or incur on account ofthe Sellers breach ofwaffanty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim tinder this xammy. Except as mhcnrise provided in this purchase order, the Scllcrs liability hemunda shall extend to all damages proximately caused by the breach of any of the foregoing warn ies or guarantees, but such liability shall in no event include lox ofmofits or loss ofuse. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchascr may make changes to legal terms by wrmcu change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the teats. other than 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 afmts the amount due or the time ofpmfomtance heeunder. an equitable adjustment shall be made. 5. TERMINATIONS. The Purchaser may at any time by writen change order, terminate this agreement as to any or all portions of the good then not shipped, subject to any equimblc adjustment between the panics as to any work or materials then in pmgtex provided that the Purchaser shall not be liable for any claims for anticipated pmfits on the uncompleted portion of the gads and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Scllcr with respect to any goods which are the Sellers standard stock. No arch termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be axened within thirty (30) days from the date the change or termination is mdeoad. S. COMPLIANCE WITH LAW. The Seller uarants that all goods cold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliver such documcn s as may be required to effect orevidenec compliance. All laws and regulations required to he incogtomted in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indcmnify and hold the Purchaser hamdcx from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, tmnsfcr, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other party. IO.TITLE. The Seller warrants full, cicarand unrestricted title to the Purchascr for all equipment. materials, and items furnished in performance of this agreement foe and clear of any and all liens, restrictions, rescnunions, security interest encumbrances and claims ofothers. The Seller shall release the Purchaser and its contnctom of nay tier from all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, offhaas aad employees of such party. The Scllces contractual obligations, including warranty. shall not be deemed to be reduced, in any way. because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design. deice, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Pumhaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for anv cost. expensc 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 user of the goods, is in such suit held to constitute infringement 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 Purchascr the right to continue using said equipment or pans replace the woe with substantially equal but unninfringing equipment or modify it so it bmomcs noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the bencit of creditors, appoint a recei vcr or trustee for any of the Sel leis property or husi ness, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of tcon s used or the interpretatinn ofthe agreement end the rights ofall panics hereunder shall be emnetmed under and governed by the laws of the State ofColomdo, USA. The following Additional Conditions apply only in cases where the Scller is to perfnmt work hereunder. including the services of Sellers Repmsentativds), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's oven risk until the same is fully completed and accepted, and shall, in case of any accident, dcstmction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment arc fumishcd by others for installation or crtttion by the Seller. the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials anWor equipment were being furnished by the Seller node, the order. IS. INSURANCE, The Seller shall, at his own expense, provide for the payment of workcm compensation. including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order. and/or to their dependents in accordance with the Imvs of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to. conuacmnl and automobile public liability insurance with bodily injury and death limits of at least S300,000 for any one person, 5500,000 for any one accident and propeny damage limit per accident of 5400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Scllcrs or his contractors employees shall do any %wark upon the premises ofothers, the Seller shall famish the Pumhaser with a eenificatc that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insumnee have been provided. Such cenificates shall specify the date when such compcnwtion and imumnce expires. The Seller agrees that such compensation and insum ux shall be maintained until alter the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the enim responsibility and liability for any and all damage, loss or injury ofony kind or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for m this purchase order or in connection herewith. The Seller will indcmnify, and hold hnrndess the Purchaser and any or all of the Putnhascrs officers, agents and employees from and against any 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 subjat by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Scllcrs or contmetors officers, agents or employees In caw any suit or ocher pmcecdings shall be brought against the Purchascr, or its officers, agents or cmployms it any time on account or by reason of any act, action, neglect, omission or default of the Scllcr 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 sane at the Scllcrs men expense, to pay any and all costs, charges, aonmeys fees and other expenses. any and all judgments that may be incurred by or obtained against the Purchaser or any 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 panics in or as a result ofsuch suits or other proceedings. the Seller will at once cause the come to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions. furnish and install all guards umcssary for the prevention 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 mles and regulations ixucd pursuant thcnam. Raised 03/2010