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HomeMy WebLinkAbout239286 GE ANALYTICAL INSTRUMENTS INC - PURCHASE ORDER - 9121553City of �„ art Collins Date: 03114/2012 PURCHASE ORDER Vendor: 239286 GE ANALYTICAL INSTRUMENTS INC 6060 SPINE RD BOULDER Colorado 80301-3323 PO Number Page 9121553 1of2 This number must appear on all invoices, packing slips and labels. Ship To: WATER TREATMENT PLANT #2 CITY OF FORT COLLINS 4316 W LAPORTE AVE FORT COLLINS Colorado 80521 Delivery Date: 03/14/2012 Buyer: ED BONNETTE Note: CITY CONTACT IS RICK JESSER; PH.(970)416-2156. P.O. TO CALIBRATE THE OTHER TOC ANALYZER ON MARCH 19, 2012 WHILE YOU ARE ON PREMISES ALREADY SERVICING ONE FOR KATHLEEN GANZER. Line Description Quantity UOM Unit Price Extended Ordered Price 1 One Visit PM-900 CSER90002-01 SER412C-12 3/13/2012 Product #CSER-90002-01 1 LOT LS Please email the completed Purchase Order to tamara.shafer@ge.com C3. O!lwo-Q � 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 Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com Total Invoice Address: 4,144.81 $4,144.81 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions, By statute the City of Fort Collins is exempt from stale and Ioeal taxes. Our Exemption Number is 11. NONWAIVER. 98-0-1502. Federal Excise Tax Exemption Certificate of Registry 84-M00597 is registered with the Collector of Failure ofthe Purehascr to insist upon strict Performance ofthe toms and conditions hereof failure or delay In Internal Revenue, Denver, Colorado (Ref. Colorado Revised Sumacs 1973. Chapter 39-26. 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of is breach, the acceptance ofor 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, cilher when shipped or disc to defects of tiny of the warmntics or obligations of this purchase order and shall not be dmmesd a waiver of any right of the damage in transit. may be returned to you for credit and arc not to be replaced except upon receipt of written Putchaser to insist upon strict performance mmofor any ofits rights or remedies as to any such ponds, regardless instructions From the City of Fort Collins, when shipped. of whshipped, received or accepted, as to any prior or subsequent default heeunder, cam shall any purpamd oral modification or rescission of this purchase order by the Puchaser operate is a waiver of any of the terms Inspection. GOODS arc subjcel to the City of Fort Collins inspection no arrivol. 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 pan of the City of Fort Collins. However, it is to he undertoal that FINAL Seller and the Parchascr recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE, is dependent upon completion ofnll applicable required inspection procedures, violations arc in fact home by the Purchaser. Theretofore. for good cause and as consideration for executing this purchase order, the Seller hereby as. ions to the Purchaser any and all claims it may now have or hcrenncr Freight Terms. Shipments must be F.O.A., City of To" Collins, 700 Wood St. Fort Collins, CO 50522. unless acquired tinder 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 pnrchned or acquired by the Parchascr pursuant to this purchase order, hill 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 various pans of the country. shipment is elf the Purchaser directs the Seller to correct nonconforming or defective goods by a date to he agreed upon by the expected form the nearest distribution point to destination, and excess freight will he deducted fmm Invoice when Purchaser and the Seller. and the Seller thereafter indicates its inability or unwillingness to comply. the Purchaser shipments arc made from greater distance. may cause the work to be Performed by the must expeditions means mailable to it, and the Seller shall pay all costs associmed with such work. Permits. Seller shall procure at sellers sale cat all necessary pcmits. ecnificaws and licenses required by all applicable Imes, regulations ordinances and miles of the state, municipality, territory or political subdivision where the work is locrfomrcd, or repaired by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Too Collins homless fmm and against all liability and loss incurred by them by mason of an asserted or established violation of any such Taus, regulations. ontinuncca, mics and requirements. Authorieation. All parties to this contract agree that the rcpresenmtives arc, in fact. bona Fide and posses hell and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order cxpssly limits acceptance to the toms and conditions stated herein set Posh and any supplementary or additional toms and conditions annexed herein or incorporated herein by reference. Any additional or different toms and conditions proposed by scllct arc objected m and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to nrrivc on your premised delivery date as noted. Time is of the essence. Delivery and In rfommnee must be effected within the time stated can the purchase order are the documents attached herein. No nets of the Purchasers including, without limitation, acceptance of genial Irate deliveries, shall opcosm as a waiver of Ibis provision. In the event ofany delay, the Purchaser shall have, in o ldition to other legal and equitable remedies. the option of Placing this order elsewhere and holding the Seller liable far damages. liosscvcr, the Scllcr shall not he liable for damages as a result of delays due to causes not reasonably fine,ecablc which arc beyond its reasonable control and u ithoul it fault ofncgligenec, such ties, of God, acts ofcivil or military authorities governmental prforflics, fires, strikes. Hood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purehascr within fire (5) days of the time when the Seller first received knowledge thereof. In the event of tiny such delay, the date of delivery shall be extended for the period equal to the time actually lest by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covcrM by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will he fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted stand:ads for work of a similar nature. The Seller agrees to hold the purchaser hannles form any loss, damage or expense which the Purchaser may coffer or incur on account of the Sellers breach of warn nty.'The Seller shall replace, repair or make good. withmd cost to the purchaser. any defects or faults arising within nne (I ) year or wish in such longer period of time as may be prescribed by Inv or by the terms ofany arpl icebic warranty provided by the Seller caner The date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), rendting fmm itnperfbet or defective work done or materials furnished by the Seller. Acceptance or use of grads by the Purchaser shall not constitute a waiver ofany claim under this worm, my. Except as othem isc provided in this purchase order. the Set lets liability hereunder shall extend to all damages rmximately caused by the breach of any of the foregoing wamn t ics or guarantees, but such liability shall in no event include loss of prof is or loss of use. NO INI PLI FD WARRANTY OR M F RCH A NTA BILITY OR OF FITNESS FOR FOR POS F, SI fA 1-1, A PP LY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal lerms by written change crier. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes in the tams, other than legal Icros, including additions to or deletions front the 9u.moru, originally nrdcwd in the ,pecir .lime, or drawings. by verbal o -,into change onler. If any such change affects the emmmt due or the time ofpalnmance hereunder, an equitable adjustment shall he made. fi. TERMINATIONS. The Purchaser 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 beiucen the parties as to any work or materials then in progress pmvidcd that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion ofthe goods and/or work. for incidental or consequential damages, and that no such adjustment he made in favor of the Seller with respect to any pond which arc the Scllcr standard stock. No such termination shall relieve the Purehascr or the Seller ofany of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjusment must be asserted within shim (30) days fmm the date the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seller uamnts that all goal sold httcundtt shall hunt been Produced, sold, delivered and furnished in strict compliance with all applicable Taus and regulations to which The goods arc subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to he incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and held the Purchaser hamiless fmm all costs and damages suffered by the Purchaser as a result of the Scllcrs 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 written consent of the other pony. 10. TITLE. The Seller uarmnts full, clear and unrestricted title to the Pumhawr for all equipment, materials, and items furnished in performance of this agreement, free and clear of any and all liens, restrictions, rescnationt security interest encumbranecs and claims of others. The Seller .shall release the Purchaser and its contraanrs of any tier from all liability and claims of any nature resulting from the performance M.such work. This release shall apply even in the event of fault of neeligence of the parry released and shall extend to the dimctnrs, oRcer and employees ofmch party. The Seller's contractual obligations. including wamnty, shall not be decmcd to be reduccd, in any way, httanse such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to nsc army design, device, material or poness covered by letter, patent. trademark or copyright. the Scllcr shall indemnify and save hammss the Purehascr from any and all claims for infringcmcnt by reason of the use of such patented design, device, material or process in connection 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 any time during the Prosecution or after the completion of the work. In case said equipment, or any part thc"f or the intended use of the goods, is in such suit held to mnstilme infringement and the use of said equipment at pan is enjoined, the Seller shall, at its own expense and at it option, either procure for the Purchaser the right to continue using said equipment or parts, replace the sac with substantially equal but noninfringing equipment or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or hankmpt make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purehascr without liability. 16. GOVFRNING LAW. The definitions ofterms used orthe interpretation oftbe agrccment and the rights ofall panics hcrc under shall be consumed under and governed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Scllcrs Representmivc(s), can the premises ofothcrs. 17, SELLERS RESPONSIBILITY. The Seller shall tarty oa said work at Scllefa own risk until the same is fully completed and accepted. and shall. in case of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, cmnpictc the work at Seller's own expense and to the satisfaction of the Purchaser. When tomerials ,,,,it equipment arc punished by others for installation or erection by the Seller. the Seller shall receive, untood. store and handle same at the site and become responsible therefor its though such materials and/or equipment were being furnished by the Scllcr under. the order. 19. INSURANCE. The Seller shall, to his own expense. Provide for the payment of workers compensation, including occupational disease benefits, to it en.ptoyee, employed on or in connection with the work covered by this purchase order. and/car 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, eontracnal and automobile Public liability insurance with hodily injury and death limits of at (cast S300,000 for any one person. S500,000 for any one accident and property damage limit per accident of S400.000. The Seller shall likewise require his contractors, if any, so pn.vide 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 Purehascr with a ecnificntc that such compensation and insurance have been presided. 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 he maintained until after the entire work is completed and accepted. 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 or preperN caused by or resulting fmm the execution ofthe work provided Por in this purchase order or in connection hcrewills. The Seller rvill indcmmfy and hold hamdcss the Purehascr and any or all of the Purchasers oRcers, agents and employees from and against any and all claims, loses, damages, charges or expenses. whether direct or indirect, and whether to peronss or property to which the Purchaser may be put or subject by reason of any act, action. ncglat, omission or default on the part of the Seller, any of his contractor, 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, agents or employees at any time on account or by reason of any act, action, neglecl. omission or default of the Seller of any of his contractors or any of its or their oRcers, 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, 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 officer, 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 parties in or as a result of such 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 laws and regulations with regard to safety including. but without lindtminn, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant therein. Revised 0312010