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HomeMy WebLinkAbout102837 FISHER SCIENTIFIC COMPANY LLC - PURCHASE ORDER - 3212106�PURCHASE ORDER PO Number Page City Collins i a 3212106 1 of 2 �t / V ol1`' h G' This number must appear J on all invoices, packing slips and labels. Date: 01113/2012 Vendor: 102837 FISHER SCIENTIFIC COMPANY LLC 2000 PARKLANE PITTSBURGH Pennsylvania 15275 Ship To: WATER QUALITY LAB CITY OF FORT COLLINS 4316 W LAPORTE FORT COLLINS Colorado 80521 Delivery Date: 01/13/2012 Buyer: OPAL DICK 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 2012 Blanket Order Water Quality Ra� 2. O✓l.I-aQdt- 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 LS 18,000.00 Total 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. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof. failure or delay to Internal Revenue. Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapicr 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 of or payment for goods hereunder or approval of the 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 order and shall not be deemed a waiver of any dght of the damage in transit, may be remmed to you for credit and are not to be replaced except upon mceipt of written purchaser to insist upon strict petfomance hereofor any ofits rights or remedies as to any such goods, regardless inenuctions from the City of Fort Collins. of when shipped received of accepted, as to any poor or subsequent default hereunder. nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS am subject to the City of Fort Collins inspection on arrival. hereof Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12, ASS IGNM ENT OF ANTITRUST CLAIM S. authorized payment on the part of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Pumhaser recognize that in actual economic practice, overcharges resulting fmm antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures, violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order. the Seller hereby assigns In the Purchaser any and all claims it may now have or hcmaficr Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Woad St., Fort Collins, CO 80522. unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specific l on this order. If p omission is given to prepay freight and charge separately, the original freight purchused or acquired by the Pumhaser p im si t to this purchase order. bill must accompany imroiec. Additional charges for packing will not be accepted. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution paint to destination, and excess freight will be deducted from Invoice when Pumhaser and the Seller, and the Seller thcmaPer indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distance. may cause the work to be performed by the most expeditious means available to it and the Setter shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules 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 harmless from and against all liability and loss incurred by them by reason of an intended or established violation of any such laws, regulations, ordinances, rules and requimmcns. Audanizadon. All parties to this contract 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 is, the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by mfemnec. Any additional or different tens and conditions proposed by seller am objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is ofthe essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpartial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of pincing 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 in nums not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence. such acts of God, acts of civil or military authorities, 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 extmded for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller wzmans that all goads, articles, materials and mark covered by this order will conform with applicable drawings. specifications. samples and/or other descriptions given. will be fit for the purposes intended, and Performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless fmm any loss. damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seiler shall replace, repair ar make good without cost to the purchaser, any defects or faults arising within are (1) year or within such longer period of time as may be prescribed by law or by the terns of any applicable wamnty provided by the Seiler n@cr the data of acceptance of the goods fumished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials fumished by the Seller. Acceptance or use of goods by the Purchascr shall not constimm a waiver of any claim under this aamamy. Except as othcmise pmvidcd in this pumbase order, the Scllcrs liability hemundcr shall extend to all damagcs proximately caused by the breach of any of the foregoing waranties or guamntecs, but such liability shall in no event include 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 tans by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Pumhaser may make any changes to the toms, 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 affects the amount due or the time ofpttfi rna me hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Pumhaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped subject to any equitable adjustment between the panics as to any work or materials 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 be made in favor of the Seller with respect to any goods which am the Sellers standard stock. No such termination shall rel ievc the Purchaser or the Seller of any of their obligatiors 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 ordered. R. COMPLIANCE WITH LAW. The Seller wamnts that all goods sold hereunder shall have been produced. said, delivered and fumishcd in strict compliance with all applicable laws and regulations to which the goods am subject. The Seller shall execute and deliver such documents as may be required to effect orevidcncc compliance. All laws and regulations required to be incorporated in agrccmet s of this character am hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Pumhaser harmless from all costs and damages suffered by the Purchascr in a result of the Sellers failure to comply with such lase. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other parry. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items tumished in performance of this agreement, free and clear of any and all liens, restrictions, reservations. security interest encumbrances and claims of others. The Sel ter shall release the Pumhaser and its contractors of any tier from all Iinbi liry and claims of any nature resulting from the performance ofs ich work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, olBecrs and employees of such parry. The Sellers contractual obligations, including wemnty, shall not be deemed to be reduced, in any way, because such work is perforated or caused to be performed by the Pumhaser. 14. PATENTS. %Vmrmver the Seller is required m use any design, device, 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 conncclion with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at anytime during the pmsecution or after the completion of the work. In case said equipment. or any part thereof or the intended use of the goods, is in such suit held to constitute infingement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either pmcure for the Purchascr the right to continue using said equipment or pans, replace the same with substantially equal bill noninfringing equipment, or modify um it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent err bankrupt, make an assignment for the benefit of creditors, appoint a receiver or tmstec for any of the Sellers pmperly or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oft,a.x used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be construed under and govemcd by the laws of the State of Colomdo, USA. The following Additional Conditions apply only in cases where the Seiler is to pMorm work hereunder, including the services of Sellers Jap rescntativc(s), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the saute is Polly completed and accepted, and shall. in case of any accident. destruction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Sellers awn expense and to the satisfaction of the Pumhaser. When materials and equipment are famished by others for installation or erection by the Seller, the Scllcr shall mceive, unload, store and handle ,am at the site and become responsible fhemfor as though such materials and/or equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, of 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, and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, con". ctual and automobile public liability insurance with bodily injury and death limits of nt least S300,000 for any one person. S500,000 for any one accident and pmNny damage limit per accident of S400.000. 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 work upon the premises ofothcm. the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have been provided. Such cenificates shall specify the date when such compensation and insurance have been pmvidcd. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and imumncc shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire msponsibility and liability for any and all damage. Ions or injury of any kind nr nature whosoever to persons or pmperty caused by or resulting form the execution ofthe work pmvidcd for in this purchase orderor in connection herewith. The Seller will indemnify and hold harmless the Pumhaser and any or all of the P achaurs officers, agents and employees from and against any and all claims, losses, damages, charges or cxpcnacs, whether direct or indirect, and whether to persons or prtrpcny to which the Pumhaser may be put or subject by reason of any act, action, neglect, omission or default on the part of the Seiler. any of his contractors, or any of the Scllcrs or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Pumhaser, or its officers, 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 oRecm agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Scllcrs own expense, to pay any and all costs, charges, attomcys fees and other expenses, any and all judgments that may be innmed by or obtained against the Pumhaser 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 Purchascr, or said panics in or as a result ofsuch suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Scllcr and his contractors shall take all safety precautions, furnish and install all guards necessary for the prevention of accidents, comply with all Imes and regulations with regard to safety including but without limitation, the Occupational Safety and Health Act of 1970 and all rules and mgulations issued pursuant thereto. Revised 03/2010