Loading...
HomeMy WebLinkAbout119376 PERKIN ELMER - PURCHASE ORDER - 9121127City of Fort Collins Date: 02/23/2012 PURCHASE ORDER Vendor: 119376 PERKIN ELMER 710 BRIDGEPORT AVE SHELTON Connecticut 06484-4794 PO Number Page 9121127 1of2 This number must appear on all invoices, packing slips and labels. Ship To: POLLUTION CONTROL LAB CITY OF FORT COLLINS 3036 ENVIRONMENTAL DRIVE FORT COLLINS Colorado 80525 Delivery Date: 02/23/2012 Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 MAINTENANCE CONTRACT MAINT AGREEMENT RENEWAL 9ZL�C3. Oi'l<:sQ� 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 Total Invoice Address: 8,316.00 16.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO. 80522-0580 Purchasc Ordcr Tennis and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tars cxemphiona. By sfa um the CiW of Fan Collins is cscrupt from state and local Casa. Chu Exemption Number is 11. NON WAIVER. 98-W502. Federal Excise Tax Exemption Certificate of Registry R4-6000597 is registered with the Collector of Failure of the Purchaser to insist upan strict performance of the terms and conditions hereof failure or delay to Internal Revenue Denver. Colorado (Ref. Colorado Revised Senates 1973. Chapter 39-26. 114 (a). excrci,c any rights nr remedies provided herein or by era, failure to promptly notify the Seller in the event urn breach. the accepance ofor payment for gads hereunder or approval afthe design, shall not release the Seller of Gurnfs Rejected. GOODS REJECTED due to failure to meet specification, either when shipped Or due to defects of any of the wamntics or obligations of this purchase order and shall not be deemed 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 written purchaser m insist upon Strict performance hcmofor any of its rights at remedies as many such garvls. regardless instructions from the Cityof Pan Collins. of when shipped, received or accepted, as to any prior or subsequent default hereandcr, nor shall any purponttl oral modification or rescission of This purchase oiler by the Purchaser operate as a waiver of:my Of the terms Inspection. GOODS arc subject to the City of Fort Collins inspection on tinival, hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANT17RUST CLAIMS. authorized payment On the pan of the City of Fart Collins. However, it is Co be understood that FINAL Seller and the Pumhaser recognize that in actual economic practice. overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspeetina pawedures. violations are in fact home by the Piuchasec Theretofore, for gad cause and as consideration for execming this purchase onler, the Seller hereby assigns to the Purchaser any and all claims it may no" have or hcrcnncr Freight Trans. Shipments must be F.O.D., City of Fort Collins. 7na Wool St.. Pon Collins. CO 90522, nalec acquired under federal or state amianst Inv, for such overcharge, relating to the particular pads ar service, mhm%ise specified on this order. U permission is given to prepay freight and charge separately, the original freight mot haled or acquired by the Purchnscr mastant to this purchase order, bill must accompany invoice. Additional charges for parking will not he accepted. 13. PURCIIAS17RS PERFORMANCE OF SELLERSOBLIGATIONS. Shipment Distance. Where tanufemrem have distributing points in various parts of the country, shipment is If the Purchnscr dircms the Seiler incorrect nonconforming or defective goods by a date to be ngrced 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 thereafter indicates its inability m unwillingness to comply, the Purchaser shipments me made from greater distance. may cause the work to be perfam d by the most expeditious means available to if, and the Seller shall pay all costs associated with such work. Pcmits. Seller shall procure at sellers sole cost all necessary permit:, certificates and licenses required by all applicable lases, regulations, ordinances and miles of the state. municipality, territory ar pnlitical sulalicision where the work is performed, or maaued by any other duly constituted public authonry haviogjurisdiction over the wok of venom. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by mien of an asscrmd or established violation of any such laws, regulations, Oniinances. rules and requirements, Authorization. All panics to this contract agree that the repm enartivc, are. in fact. bona fide and possess fill and complete authority to bind said panics. LIMITATION OF TERMS. This Purchasc Order expressly limits acceptance to the temw and conditions stated herein set forth and any supplementary or additional toms and condilimts annexed hercm or incorporated herein by reference. Any additional or different tans and conditions pmposed by seller are objected tonal hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipamm to anise on your promised delivery date ns noted. Time is fthe essence. Delivery and performance must he effected wilhin the time stated an the purchaw aide, and the documents attached hereto. No acts of the Purchasers including, without Innital ion, acceptance ofparrial late deliveries, shall operate rs 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 ofplacing this order elsewhere and holding the Seller liable for damages. Hovvver. the Seller shall not he liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable central and withmn its fault Of negligence. .such acts of God, acts ofcivil or militaryauthorities, governmental priorities, fires, strikes, fad, epidemics. wars or riots pmvidcd 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 cstended for the period equal to the time actually Iasi by reason of the delay. 3. WARRANTY. The Seller warrants that all gad, anides, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other description given. will be fat for the parposes 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 from tiny loss, danmgc or expense which The purchaser may suffer or incur on account of the Sellers breach of wammy. The Scllcr shall replace, repair or make gad. without coat Co Che purchaser, any defects m faults arising within one (1) year or within such longer period of time as may be prescribed by law at by the tans of any applicable warranty pmvidcd by the Seller after The date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed). resulting front imperfect or defective work done or materials famished by the Seller. Acceptance or use Of gads by the Purchaser shall not constitute a usher of any claim under this warranty . Escept as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages pmximatcly caused by the breach of any of Clue foregoing or matics or guarantees, but such liability shall in no event include loss ofprafts 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 written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the toms, other than legal toms, 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 duc Or the time ofperfnmtance hereunder, an cquiable adjustment shall he made. 6. TERMINATIONS. The Purchaser may at any time by written chance order. teminatc this agreement as to any or all ponions of the goods then not shipped, subject in any equitable adjustment ben cen the panics as to any work or materials then in pmgress provided that the Pumhaser shall not be liable for any claims for anticiletted pmfits on the uncompleted ponion of the gad and/or work, for incidental or consequential damages, and that ono such adjustment he made in favor of The Seller with respect to any goods which arc the Sellers standard stock. No such termination shall relieve the Purchaser or The Seller of any of their obligations as to any good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT, Any claim for adjutmeni must be asserted within thiny (30) days form The data The change or termination is ordctcd. R, COMPLIANCE WITH LAW. The Seller wamnts that all gads sold hereunder shall have beco 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 ducuments as may be required to effect err evidcare compliance. All laws and regulations required to be incorporated in abatements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchascr hamdess from all costs and damages suffered by the Purchascr os a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign. transfer, or convey this order, army monies due or Co become due hereunder without the prior written consent of the other parry. 10. TITLE. The Seller wamnts full, clear and unrestricted title to the Purchascr for all equipment, matcrin Is. and items famished in perfomanee of this agreement, free and clear of any and all liens, restrictions, reservation, .accfaity 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 nature resulting from the performance ofsaeh 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 party. The Seller's contmcmal obligations. including warranty. shall not be deemed to be reduced. in any way. because such work is peranned or caused to be performed by the Purchaser. 14. PATENTS. Whenever The Seller is required to use any design, device, material or process covered by letter. patent, trademark or copyright the Seller shall indemnify and save harmless the Parchaser from any and nil claims for infringement by reason of the fire of such pmcnicd design, dn'icc, material or prei in connection with the contract. and shall indemnify the Pumhaser for any cost, expense or damage which it may be obliged In pay by mrson of such infringement al any Time during the prosecution or ancr the completion of the work. In case said equipment or any part thercnf or the intended use of the goods, is in such suit held to consinne infringement and the use of said equipment or part is cmuned, the Seller shall, at its awn expense and at its option, either pmeorc fir the Purchascr the right to continue using said equipment or parts, replace the .same with substantially equal but noninfringing cgnipnont, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or hxnkmpt make an assignment for the benefit of creditors, appoint a receiver or trustee far any of the Sellers property or business, this order may forthwith be canceled by the Parchaser without liability. 16. GOVERNING LAW. The definitions Tif terms used Or the interpretation Ofthe agreement and the right ofall panics hereunder shall he construed undermud governed by the Ines ofthe State of Colorado, USA. The following Additional Condition, apply only in cases where the Seller is In perfom work hereunder. including the services of Sellers Reprcsemative(s), a the premises ofuthcrs. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work it Seller's own risk until the same is fully completed and accepted, and shall, in case of any accident. damation Or injury to the work and/or materials before Scllcrs final completion and acceptance, complete The work at Scllers own expense and to the satisfaction of the Purchascr. When materials and equipment are furnished by others for installation or cnectina by the Seller. the Scllcr shall receive, foulard, store and handle .me at the site and become responsible therefor as though such rommurls and/or equipment were being furnished by the Seller under the order. IR. INSURANCE. The Scllcr shall, it his men expense, provide for the payment of workers conupcnsmion, including occepatinnal 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 a ith 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, conuretunl and automobile public liability in vranee with bodily injury and demh limits of at least S300A00 for any one person. 5500.000 for any one accident and property damage limit per accident of S400000. The Seller shall likewise require his contractors. if any, to pmvide for such compensation and insurance. Before any of the Scllcrs or his contractors employees shall da any work upon the premises of mhos, the Seller shall furnish The Purchnser with a certificate that such compensation and insurance have been provided. Such ccrtificates 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 he maintained until of cr the entire work is completed and accepted. 19. PROTECTION AGA INS, ACCIDENTS AND DAMAGES. The Seller hereby assaincs the entire responsibility and liability for any and all damage, loss or injury of any kind or nahnc whatsavcr m persons nr progeny caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchnscr and any or all of the Purchasers officers. agents and employees fmm and against any and all claims losses, damages, charges Or expenses ahethet direct or indirect, and whether to persons or property to which the Purchaser arm' be put or subject 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 contractor, often, agents or employees. In ease any suit or other proceedings shall be brought against the Purchascr, or its officers, agents or employees m any lime on account or by reason of any non, actin, neglect. omission or default of the Seller Of any of his contractors or my Of its or their officers. agents Or employees as aforesaid, the Seller hereby farces to assune the defense thcrenf ad to defend the saute tit the Selicrs own expense, to pay any and all costs, charges, attamcyt fees and other expenses, any and all judgments that may be ineumd by Or obtained against the Purchaser of any Of its Or their OfeM. agents or employees in such suits Or other pmceedings, and in case judgment or other lien he plieed upon or obtained against the progeny of the Purchnscr, or said panics in or as a result of such ,suits or other proceedings. the Seller will an once cause the some to he dissolved and discharged by giving bond or otherwise. T'he Seller and his contractors shall take all safety prcemdions, furnish and install all guards necessary for the prcvcntina 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 Toles and regulations issued pursuant (herein. Revisal 0312010