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HomeMy WebLinkAbout191616 DIONEX CORP - PURCHASE ORDER - 9123281City of Fort Collins Date: 06/07/2012 PURCHASE ORDER PO Number Page 9123281 1 of 2 This number must appear on all invoices, packing slips and labels. Vendor: 191616 Ship To: WATER TREATMENT PLANT #2 DIONEX CORP CITY OF FORT COLLINS PO BOX 3603 4316 W LAPORTE AVE SUNNYVAIL California 94088-3603 FORT COLLINS Colorado 80521 Delivery Date: 06/07/2012 Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Ordered Extended Price MAINTENANCE CONTRACTS 1 LOT LS 3,661.25 068584 ANNUAL SERVICES Total $3,661.25 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 II, 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 Ordcr Tennis and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 1 I. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 94-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hemof, future or delay to Internal Revenue. Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39 26. 114 (a). exercise any rights or rcmedics provided herein or by law, failure to promptly notify the Seller in the cent ofa 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 night of the damage in transit, may be renamed to you for credit and are not to be replaced except upon receipt of written purchaser to insist neon strict performance hcreofor any ofits tights or remedies as to any such goods, regardless morrictions from the City of Port Collins. of when shipped. received or accepted, as to any prior or subsequent default hereunder, net shall any purported card modification or rescission of this purchase order by the Purchaser operate as a waiver ofany of the terms Inspection. GOODS are subcd to the City of Fort Collins inspection on nrrival. hereof. Final Acceptance Receipt of the merchandise services or equipment in response in this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part 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 from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedure.,. violations are in fact burne 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 hcrcatter Freight Terms. Shipments ntest be F.O.B.. City of Fort Collins. 700 Wood St.. Eno Collins, CO 90522. unless acquired under federal or state antitrust laws for such overcharges relating to the prnicular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or 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 manuf starers have distributing points in various parts of the country, shipment is Ifthe Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribnrian point to destination, and execs., freight will be deducted from Invoice when Purchasermd the Sclleq and the Seller thereafter indicates its inability or umvillingncss to comply, the Purchaser shipments are made point greater distance. may cans, the work to be performed by the most expeditious means available to it. and the Seller shall pay all costs associated avith such work. Permits. Seller shall procure at sellers sole cost all neresery permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules ofthc state, municipality. territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the oral, of vendor. Seller further agrees to hold the City of Fun Collins hardens from and against all liability and loss incurred by them by reason of un asserted or established violation c f any such laws, regulations, ordinances, rules and requirements. Authorizatio . 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 limits acceptance to the terms and conditions stated herein set forth and any supplementary or addtionsl terms and conditions annexed herein or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are 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 tithe essence. Delivery and performance mast be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limilation, acceptance of partial late deliveries, shall opcmtc 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 ofplacing this order elsewhere and holding the Seller liable for damages. Browser, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and wabout its fault of negligence, such acts of Gnd, acts ofeivil or milimry muhontiws, governmental prientics. fires, strikes, flood epidemics, mars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received know ]edge thereof In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason will delay. 3, WARRANTY. The Seller warns that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples andle, other descriptions given. will be fit for the purposes intended, and perforated with the highest degree of are and competence in accordance with 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 wamtire. The Seller shall replace. repair or make good, without cost 10 the purchaser. any defds or faults arising within ono (U year or within rich longer perind of time as may be prescribed by law or by the terms of any applicable warranty provided by the Se11er after the date of acceptance of the good furnished hereunder (acceptance not to be unreasonably delayed), resulting front imperfect or defeclive work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not carnivore a waiver ofany claim under this wam, my. Execpt as otherwise presided in Ibis purchase order. the Sellers liability hereunder shall extend to all damages pmsimatcly caused by the breach of any of the ongoing wamntics or guarantees. but such liability shall in no event include loss ofprofits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANCES 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 terns, other than Icen1 terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any rich change affects the amount due or the time of perfomumcc 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 portions of the goods then not shi,pM, 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 anther work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers .standard stock. No such termination shall relieve the Purchaser or the Seiler of any of their obligations 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. 8. COMPLIANCE WITH LAW. The Seller warrant, that all cured sold hereunder shall have been produced. sold, delivered and furnished in strict compliance with all applicable laws and regulations to rah ich the guards arc subject. The Scllcr shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations rcquired to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indennify and held the Purchaser hamlet from all costs and damages suffered by the Purchaser es a result of fl c Scllcrs Failure to comply with such Irv. 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 party- 10. TITLE. The Seller warrants full, clear and unrestricted title 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, xccumty 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 ofsch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, oficemand employees ofsuch party. The Seller'., contractor] obligations, including oamnty, shall not be decried to be reduced, in any was, because sash work is perforated 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 shut] indemnify and save harmless 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 any cost. expense or damage which it may be obliged to pay by reason ofsuch infringement at any time during the prosecution or over the completion of the work. In case said equipment, or any part thereof or the intended use cf the goods, is in such suit he](] to e(nstiltnc infringement and the use of said equipment or prat is enjoined, the Seller shall. at its own expense and at its option. either procure for the Purchaser the right to continue using said equipment or parts, replace the same 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 fonho Ith he canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the rights ofall parties hereunder shall be eorr, rood under and governed by the lams of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perio ni work hereunder. including the services of Sellers Rcprescntative(s), on the premises Mothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's 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, complete the work at Sellers own expense and to the odisfdinn ohhe Purchaser. When materials and equipment arc Furnished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being untainted by the Scllcr under the order. 19. INSURANCE. The Seller shall, at 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 Incas of the slate in which the 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 limit, ofar Ices S300.000 for any one permn. S500,BIo for any one accident and property damage limit per accident of S400.000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before env of the Scllcrs or his contractors employees shall do any work upon the prcntisas ofothers, the Seller shall famish the Purchaser with a cenificre that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been povided. Such certificates shall specify the date when such compensation and insurance expires, The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby scants,., the entire responsibility and liability for any and all damage. loss or injury ofany kind or nature avhatcoever to persons or property encased by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Scllcr wi it indcmni fy and hold harmless the Purchaser and any or all of the Purchasers officers, agents and employees front and against any and all claims, losses, damages charges or expenses. whether direct or indirect, and whether to persons or property to which the Purchaser may be put or soluect by reason of any act action, neglect, omission or de(au It 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 employees at any time an 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 17mplsi 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 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 ofthe Purchaser, or said parties in or as a result ofsuch suits or other proceedings. the Seller will at once cause the some to be dissolved and discharged by giving bond or othcrw'isc. The Seller and his conttacters shall take all safety povemitiens, furnish and install all guards necessary for the prevention of accidents, comply with all ]arcs and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all odes and regulations isuccipursuant Ferro. Revised 03/2010