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HomeMy WebLinkAbout498439 SEAL ANALYTICAL MEQUON TECHNOLOGY CENTER - PURCHASE ORDER - 9121003PURCHASE ORDER PO Number Page City Of9121003 ' of s FlirtCollinsThis number must appear CJ ,�—J`-' ` on all invoices, packing slips and labels. Date: 02116/2012 Vendor: 498439 Ship To: WATER QUALITY LAB SEAL ANALYTICAL MEQUON TECHNOLOGY CENTE CITY OF FORT COLLINS 10520-C BAEHER RD 4316 W LAPORTE MEQUON Wisconsin 53092 FORT COLLINS Colorado 80521 Delivery Date: 02/16/2012 Buyer: OPAL DICK Note: Line Description Quantity Ordered UOM Unit Price Extended Price Quote LP-010412-JC BD DB50 (AIM600) BLOCK DIGESTION 1 LOT LS 6,420.00 2 Quote LP-010412-JC BD DIGESTION TUBES/GLASS 1 LOT LS 495.00 3 Quote LP-010412-JC BD FREIGHT & HANDLING 1 LOT LS 130.00 Total $7,045.00 C3. Oi'tR�n4 � 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 Invoice Address City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tcn-ns and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions By stamte the Citv of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-W502. Fcdeml Excise Tax Exemption Certificate of Regis" 94-60(NI51G is registered with the Collector of Internal Revenue. Denver. Colorado (Ref. Colorado Revised Stmutcs 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 rcmmed to you for credit and arc not to he replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof. failure or dclav to exercise any rights or remedies pmvidcd herein or by lam, failure to promptly notify the Seller in the mint of a breach, the acceptance ofor payment for gondc hereunder or approval of the design, shall not release the Seller of any of the wumnties or obligations of this purchase order and shall nor be deemed a waiver of any right of the purchaser to insist upon strict performance hereof or any of its rights or remedies as m any such goods, regardless of when shipped, received Or accepted. as to any prior or subscqucm default hereundeq nor shall any putponed Oral modification Or rescission of thin Purchase order by the Purchnscr operate as a wuivcr of any Of the Ienrra hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can rcsull in 12. ASSIGNMENT OF ANT [TRUST CLAIMS. authorized payment on the pan of the City of Too Collins. However, it is to be understood that FINAL Seller and the Purchnscr recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection proccdnms, violations arc in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby nssigns to the Purchaser anv and all claims it may Ono, have or hereafter Freight Tcmrs. Shipments must be F.O.B.. City' of Fort Collins, 7M Rood St.. Fort Collins. CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the Imnicular goods or services mhetsvise specified on this order_ If pramosion is given to prepay freight and charge sepnmely, the original freight purchased err 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 manufacturers have distributing points in ,mmc, pans of the country, shipment is Ifthe Purchaser directs the Seller to Infect 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 Invnice when Purchaser and the Scllcr, nod the Seller thereafter indicates its inability or unwillingness to comply, the Parchaser shipments arc made from greater distance. mny cause the work to be pcdomed by the most espeuliloms means available to it, and the Seller shall pay all costs associated with such wmk. Pcmim Seller shall pmcurc at sellers sole cost all necessary peons, eenifcates and licenses required by ill applicable laws, regulations ordinances and arcs of the .state. municipality, tcnitory or political subdivision where the work is performed, or reclaircd by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins hamless farm and againsl all liability and loss incurred by them by reason of an asserted or estahlishcd notation of any such laws, regulations ordinances, rules and rcquitcomms. Authorization. All parties to this contract agree that the representatives arc. in fact, bona fide and possess full and complete nothority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the Isms and conditions stated herein k1 forth and mny supplementary or additional teams and conditions annexed hereto or incorporated herein by reference. Any additional or different tears and conditions pmpased by seller are objected mind hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT inum dialcly if you cannot make complete shipment In arrive on your prumiscd delivery date as noted. Time is of the ec ence. Delivery and perfomance must be effected within the time stated on the purchase order and the documents attached hercm. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries. shall operate as a Oiivcr of this provision. In The event Of any dday. the Purchaser shall have, in addition to Other legal and equitable remedies, the option ofplaeing this order clsovhcrc and holding the Seller liable for damages. Hmvcvem the Scllcr shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which am beyond its reasonable control and without its fault of negligence, such acts of God, acts ofcivil or military authorities, governmental priorities, fires, stokes, Boor, epidemics, wars Or tints provided that notice of the conditions causing such delay is given to the Purchaser within Five (5) days Mlhc time when the Seller for received knowledge thereof. In the event of any such delay, the date of delivery shall he extended for the pened equal to the time actually lust by reason of the delay. 3. WARRANTY. The Seller wamnts that all good, articles, materials and work covered by this order will eon Pone with applicable drawings, specifications, samples and/or other dcscriptims given, will be fit for the purposes intended, and perfomcd with the highest decree of care and competence in accordance with accepted standards for work of a similar manic. The Seller agrees to hold the purchaser hamlcss from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wummy. The Seller shall replace. repair or make good. without cost m The purchaser, any defects an faults arising within one (1) year or within such longer period of time as may be prescribed by low or by the moms of any applicable wamnry provided by the Seller iRer the date of acceptance of the good; burnished hereunder (acceptance not to he unreasonably dclaved), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of guods by the Putehascr shall not constitute a waiver ofany claim under this union my. Except as otherwise provided in this pnrchsse order, the Sellers liability hcrcundn shall extend to all damages pmximatcly caused by the breach ofany of the foregoing warnattics or guarantees, butsuch 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 rams by written change omcr. 5. CHANGES IN COMMERCIAL TERMS. The Pnmhxscr may make anv changes to the teams, other than legal terms. including additions in 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 ofpofomancc hereunder, an equitable adjustment shall he made. fi. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as In any or all portions of the goods then net shipped, subject to any equitable adjustment bMwccn the panics as to anv wnrk or materials then in pmgnec provided that the Purchaser shall not be liable for any claims for anticipated Pmfits on the uncompleted portion of the goods and/or stork, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any gmtLs which arc the Scllcrs standard stock. No such teminilion shall relieve the Purchaser or the Seller ofany of their obligations as to any goods delivered hcrcundn. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asscrmd within thirty (30) days from the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Scllcr wamnts that all good sold httcandcr shall have been produced, sold. delivered and furnished in strict compliance with all applicable lases and ngtdations to which the goods arc subject. The Seller shall execute and dclivcr.saeh documents as may be required to effect or evidence compliance All laws and regulations required to be incorporated in agracments of this character are hemby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser humlcc from all cost and damages suffered by the Purchaser ns a result of the Scllcrs failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, err mnscy this order, or any monies dux or to become due hereunder without the prior svrimcn consent of the other parry, 10. TITLE. The Scllcr wamnts full, clear and unrestricted title to the Purchaser for all equipment, materials and items fumkhcd in performance OF this agreement. free and clear Of any and all liens. restrictions. reservations, security interest cnmumbrinccs and claims ofothcrs. The Seller shall release the Purchaser and its contractors of any tier farm all liability and claims of any nature resulting farm the performance ofsueh work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees of such pony. The Seller's contractual obligations, including wamnry, shall not be deemed to be reduced, in any way. because such work is perfumed or caused to be per oared by the Pumhawr. 14. PATENTS. Whenever the Seller is required m use any design, device, material or process covered by letter. patent trademark or copyright, the Seller shall indemndv and save hemless the Purchaser 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, expense or damage which it may be obliged to pay by mason of such infringement at any time during the pmsceaoftion of after the completion the work. In case said equipment ar any pan 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 Pumhascr the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment or modify it so it becomes anninfringing. IS. INSOLVENCY. If the Scllcr shall become insolvent err bankrupt, make an assignment for the bencOt of creditors, appoint a receiver or tm,me for any of the Sellers property or business, this order may forthwith he canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofmms used or the intenuctalion ofthe agreement and the rights ofall panics hcrcander shall be eonsmed under and governed by the Imes of the Shuc of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is to perfom work hcrcundn. including the services of Scllcrs Rcpme cnativc(s). on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall tarty on said work al Scllcrs own risk until the same is fully coniplmad and accepted, and shall. in case of any accident, de<tnretion or injury to the work and/or materials before Scllcrs fwl completion and ncceptnn e, complete the work at Scllcrs own expense and to the satisfaction of the Purchaser. When maerials and equipment arc Furnished by others for installation or erection by the Seller. the Seller shall receive, unload, store and handle sane at the site and become responsible therefor as though such material and/or equipment were being furnished by the Seller under the order. IN. INSURANCE. The Seller shall, at his man expense, prnv ide for the payment of workcm conrpen,cation, including occupational disease benefits, to its employees employed on or in connection with the wnrk covered by this purchase order. and/or to their dependents in accordance with the Imes of the slate in which the work is In he 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 S300.000 for any one person. S500,100D for any one accident and property damage limit per accident of S400.000, The Seller shall likewise require his contractors, if any, to pmvidc for such compensation and insurance. Before any of the Scllcrs or his contractors employees shall do any work upon the premises Mothers, the Seller shall furnish the Purchaser with a ccnificatc that such compensation and insurance have been provided. Such ecnificams 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 Scllcr agrees that such compensation and insurance shall be maintained until after the entire work is completed and neccptcd. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES, The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind or nature whatsoever to persons err property cm ,vd by or resulting from the execution ofncc stork provided for in this purclmse order or in connection hcrew irh. The Seller will imhomify and hold harnilexs the Purchaser and any or all of the Purchasers officers, agents and employees from and against anv and ill cla imx, losses, damages, charges or cxpcnses, whether direct or ind ired and whether to persons Or property to orb ich the Purchaser may be put or .subject by reason of any acl. net ion. neglect, omission or default on the part 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, agent or employee; at any time on account or he reason ofany act, action, neglect, omission or default of the Seller ofany of his contractors or any of its or their officers, agents or employees as afnresmid, the Seller hncby agrees to assume the defense dereof and to defend the same at the Scllcrs 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 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 of such suits or other proceedings. the Seller will at once cause the same to he dissol%ed and discharged by giving bond or other, ise. The Seller and his contractors shall take all safety precautions, furnish and install nil gainis necessary for the prevemion of ,accidents, comply with all laws and regulations with regard to safety including, but without limitition. the Occupational Safetv and Health Act of 197( and all mles and mgudntions issued pursuant thereto. Revised 03/2010