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HomeMy WebLinkAbout103256 HACH COMPANY - PURCHASE ORDER - 9120025PURCHASE ORDER PO Number Page City of 9120025 1 of 3 ' `t Collins OI li ns This number must appear ` 1 on all invoices, packing slips and labels. Date: 01/06/2012 Vendor: 103256 Ship To: WATER TREATMENT PLANT #2 HACH COMPANY CITY OF FORT COLLINS PO BOX 608 4316 W LAPORTE AVE LOVELAND Colorado 805390608 FORT COLLINS Colorado 80521 Delivery Date: 01/05/2012 Buyer: ED BONNETTE 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 Ordered UOM Unit Price Extended Price 1 2012 BLANKET PURCHASE ORDER 1 LOT LS 6,000.00 LABORATORY SUPPLIES FOR LABORATORY SUPPLIES 2 INTAKE -CHEMICAL SUPPLIES 1 LOT LS 800.00 3 CHEMICAL SUPPLIES 1 LOT LS 1,000.00 4 ELECTRICAL REPAIRS/SUPPLIES 1 LOT LS 2,000.00 Total Invoice Address: City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill ll, CPPO City of Fort Collins City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 PURCHASE ORDER PO Number Page C117/ OfCollins 9120025 2 of 3 `t / v This number must appear ` " on all invoices, packing slips and labels. C3. Oi'le:a4 Z. City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill Il, 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 3 of 3 I. COMMERCIAL DETAILS. Tux exemptions. By statute the City of Fort Collins is exempt from slate and local taxes. Our Exemption Number is 11. NON WAIVER. 98-O4502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict perfomunee of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39 26, 114 (a), exercise any rights or ranedies provided hcrcin or by law, failure 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 meat the Seller of Gods Rejected GOODS REJECTED due to failure as meet specifications, either When shipped or due to defects of any of me W arranties or obligations of this purchase oNer and shall not be deemd a waiver of any right of the damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of wTimen purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless instructions from the City offon Collins. of mbcn shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported unit modification or rescission of this purchase order by the Purchaser operate us a waiver of any of the teats Inspection. GOODS arc subject to the City of Fun Collins inspection on arrival. hereof: Final Acceptance. Receipt of the merchandise, services or equipment in response to this older can result in 12. ASSIGNMENT OF AN'FI'FRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting front antitrust ACCEPTANCE is dependent upon completion ufull applicable squired inspection procedures. violations arc in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Teats. Shipments most be, F.O.B., City of Fort Collins, 700 Wood St., Too Collins, CO 80522, unless acquitted under federal or state antitrust 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 separately, the original freight parchuWd or acquired by rite Purchaser pursuant to this purchase older. bill most accompany invoice. Additional charges for packing will nut be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is If llte Purchaser direct, the Seller to correct nonconfo taiag 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 four Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, tiro Purchaser shipments arc rude Irom grcatcr distance. may cause the work to be pedunned by the most expeditious micas uvailublc to it, and the Seiler shall pay tall cdss associated with such work. Permits. Seiler shall procure at sellers side cost all necessary permits, "ridicul6 and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, mortuary 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 homeless four and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requirements. Authonmtion. All panics to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly Timis acceptance to the teats and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different toms and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery date as noted Time is of the essence. Delivery and performance must be eflenN within the tins stated on the purchase order and the documents attached herein. No acts of the Purchasers including, without himistion, acceptance of partial Tate deliveries, shall operate as a waiver ofthis provision. In the event orally 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 miserably foreseeable which an beyond its reasonable commit and without its fault of negligence, such act otfGd, acts arched or military authorities, governmental priorities, fires, strikes, Iloud epidemics, wan or riots provided that notice of the conditions taming such delay is given to the Purchaser within live (5) days of the time when the Scllcr first received knowledge thereof. In the event of any such delay, the duce of delivery shall be extended for the period equal to the tints actually lost by mason of to delay. 3. WARRANTY. The Seller ...,it, That all goods, articles, materials and work covered by this order will conform with applicable driving,, sisccifewhos, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and complance in accordance x'ith accepted standards for work of a similar nature The Seller agrees to hold the purchaser harmless from any 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, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by Iry or by the onns of any applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed). vestal ing fount imperfect or detective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not cousin ore a waiver of any claim under this wametmy. Except as intervene provided in this purchase order, the Scllcrs liability hereunder shall extend to all danmges proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability' shall in no cent include lots, of profits or loss of use. NO IMPLIED WA RRANTI' OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. I he Purchaser may make changes to legal temti by written change oNer. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the ems, other than legal terns, including additions to or deletions fruit, the quantities originally ordered in the specifications or comings, by verbal or written change order. If uny such change affects the amount due or the time ofpccommare hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all punions of the goods then not shipped, subject to any equitable adjustment between the parties as to any Work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated prolix on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seiler with respect to any goods which are the Sellers standard stock. No such mnuounion shall relieve the Purchaser or the Seller of mly of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assncd within thirty (30) days from the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Scllcr w'a.at, dot all goods sold hereunder shall have been produced, sold, delivered and Tarnished in strict compliance with all applicable laws and regulations to which the goods are subjed. The Seller shall execute and deliver such docun ears as nay be required to cITcct tar evidence compliance. All laws ,,it regulations required to be incorporated in agreements of this character urc hereby incorporated hcrcin by this reference. The Scllcr agrees to indemnify and hold the Pumh Wr harl from all curs and damages saticred by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior w'rinen consent of the other piny. 10. TITLE. The Seller warrens full, clear and unrestricted tide 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, security interest encumbrances and claims of other. The Seller shall release: the Purchaser and is contractors of any tier front all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, ofliccrs and employees ofsuch party. The Seller's contractual obligations, including womanly. shall not be deemed to be reduced, in any way, because such work is perforated or caused to be perforated by the Purchaser. 14. PATENTS. Whenever the Seiler is required to use any design, device, material or process coveted by letter, patent, trademark or eupyrighh the SellcnhutI indemnify and save harmless the Purchaser from any and all claims for infringer ent by reason of the use of such patented design, device, material or process in connection with the convect, and shall indemnify the Purchaser for any cost, expense or damage which it may be ubl iged to pay by reason of such intiingemcal of any time during the prosecution or after the completion of the work. In case said equipntcnt, or any pun thereof or the intended use of [tic goods, is in such suit held to constitute infringement and the use of said equipment or pun is enjoined, the Seller shall, a1 is own expense and at its option, either procure Tor the Purchaser the right to continue using said equipment or pans; replace the same with substantially equal but noniN}ia ging equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors. appoint a receiver or trustee for any of the Sellers property or business, ibis order may forthwith be canceled by the Purchaser without liability. 16, GOVERNING LAW. The definitions oftemts used or the interpretation ofte agreement and tic rights ofall parties hereunder shall be construed under and governed by the laws ofthe State of Colorado, USA. 'I he following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Representative(s), on the premises ofothers. IT SELLERS RESPONSIBILITY. The Seller shall curry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in ease of any accident, destmcfion 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 furnished by others for installation or erection by the Seller. the Seller shall receive, unload sore and handle some at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seiler under the order. 18. INSURANCE. The Scllcr shall, at his own expese, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with Ito Work covered by this purchase order, and/or to their depcadcats in ccmdra c with the taws of the state in which rite 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 death limits of at least 5300,000 for any one person, 5500,000 for any one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his contmetrs, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, 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 have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until alter the enlim wood: is completed and accepted. 19, PROI ECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all danuge. loss or injury ofany kind or nature whatsoever to persons or pmperty caused by or resulting from the execution offhe work provided for in this purchase waterer in connection herewith. The Seller will indemnify and hold harmless the Puchaser and any or tall of the Pmcha erx ulNcc,. agents and employees (me, and against any and all claims, loses, 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 any act, action, neglect, omission or default on the pan of the Seller, any of his conlo¢mrs, or any of the Sellers or contractors apices, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, of its ufticem, agents or employees at any time on account or by reason of any 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 any and all costs, charges, a0omcys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaxr or any of its or their officers. agents or employees in such wits or other pocceduip, 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 pmcadings, the Seller will at once cause the settle to be dissokcd and discharged by giving bond or othem ise. The Seller and his commuters shall take all safety precautions, furnish and install all guards necessary for the prevention of accidents, comply with tall laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Ilealth Act of 1970 and all roles and regulations issued pursuant therclo. Rcviscd 03/2010