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HomeMy WebLinkAboutCORRESPONDENCE - PURCHASE ORDER - 9124384Req. # Wa 43(10 Entered by: RM/n Date: Purchase Order Requisition Fort Collins Utilities /79O20 Vendor: Agilent Technologies Address: 2850 Centerville Road Wilmington, DE 19808-1610 FAX: 302.633.8954 e-mail: agreements_lfssupport@agilent.com Attn: Larry Crawford e-mail: larry_Crawford@non.agilent.com Phone: 615.733.2933 Qty Description Unit Total Charge Number 1 ICPMS-00619; Maintenance Agreement from O1November2012 to 31 October2013 per quotation US-LC- Cit of-167059 Dated:01-August-2012 15,192.00 15,192.00 Total: $15,192.00 503-352000- 533340 Comments: Continue maintenance agreement for Agilent ICY -MS at the Pollution Control Lab Requc.Weid by Date: Authorized by ate ologies AgilentTechn�' • Quotation Number. US-LC-Cityof-167059 Coverage Perm: 1-NOV-2012 - 31-0ct-2013 Quotation Data: 1-Aua-2012 Dhect To: Direct Irlquldes To: City of Fort Galin Agpenl Technologies Ine. 4316 W Laporte Ave Water ouafiy Lab 2850 Cemenlle Road FORT COLLINS. GO 80521.2153 Wilmington DE f 960&1610 United Slates United States - Pnone: 1-8M227-9770 opt 1, then 5 E6ourd, KeIN FaA1302.6�54 Ptmne: (970) 221-6691 Email: agreements-Ilssuppon@agilenlcbn Email: kelm.W@icgov.co,n Webslle: agilenl.enrNchem Larry Crawford Pbone: 6157332933 Rev. 1 Email: larry_crawfurdl@non.agilent.Wnn dam Name Model Descqyfian Service Desorption Start Date . I� End Date 'EGS Tote) PI IMS-00619 ICPMS 7700 System Advantage Silver 1-Nov-2012 31.00-2013 15,192 -End of Guaranteed Support far eadimt module Total 15,19200 LISD Billing Frequency Annual Anaaataa noes ere rafd h. S0 ear tmm 1-a,2012 Amami eamWm any appfrabb uaea. APPF�de ban wJ be separately ablld en Me invoke at ama W amip. Peymerd Tam: NET 30 DAYS ' Tin silo a e9 Seances and spare f+ara 2btaraa b din Cuamaan a sYC1et1 m are awn wmal vasbr� of Aa9mya Service Tema aM Ppilem's remit of Seb wiM reaped b spare pans. erd oma epp'rabb Gums rtManed herein. A aqy W /aimTs Service Tents aM Pagn2s Temw a15eb a eianr e�dw0 a has been aevbdly pmrded m yw. Please wnmet us a you love rite tceived p copy a require an aaaitmel wDY- II yw love a sepamb aprtement ✓n eflecf win Oadent wvedry ate sde ol5avia enW aWrt parts rtlaaced'm as qupbtbn, Ne tents of Nat aprttment will apply m tltase Services eb apan pe�6. Pp91nt eapetsly p6jesa m any aiflenml a edtiUaul bnRs M pit rurdlawsdesada, dowmenmdon,.1. erne L m in wribp by Aaienl. Spve peN eM SMyiaa oraltadtiy"tes em estimated a the lima of me 9 oatabon. Aaaral delivery eats. a ery adral. wT Le spacifid at M. dnm Aggent waoMedp6 and aawpb yaa pa� atler. rid above cadiSanls dull apply maw (Meal anent pemfi@d by Me law, You may nave other stabdory a legal righe available. Canmodidea, bahtdbgy or saftware etaorbd Man Me United Sobs o1 anaiaa ru &-) ar fmm emu enaorU g muntrbs W be sulgecl m the U.S. Ecpon Mmibstradpn Repulaaom and a0 eapabq wunbica' cayod W. and rag Wb . Divasbn wnaary m U.S. law and aw applkaba e�od law and repWaSora a pmktima. Wwany: U 'esi paawise i d",a, herein, spare pats wfen ncee in lhia quobdgn v T recNva a 90 &y r"cema t vnnony. Replaced pats vwll pewiw me pm rly of Ap IcM. Aglleat Tedumlo ea Inc. 2850 eemerc4 Pmad VAMrLgmn DE 19303,1610 UNird States Loam mer ore about Agilmrs new Advantage Svlm end our eour full renge of . products . 1 1 • 1 laboratory produo" solutlow opftt wd for your appg®tbre end worldlow& Vlsh us at www-agnem-mn/chem Page 1 of 1 Agilent Technologies QUICK ORDER FORM I" We offer our valued customers this Quick Order Form that we can use as your purchase order or letter of authorization. QUOTATION NUMBER: Date: ► Authorized Signature: Printed Name: (MANDATORY) Phone Number: (MANDATORY) ► TAX STATUS: ❑ Taxable L] Tax -Exempt ❑ Direct Pay (Slalus Mandatory for All Orders) *Canada ❑ HST Taxable ❑ PST Taxable ❑ GST Taxable ❑ PST Exempt I] GST -Exempt Your Exemption Certificate on file with Agilent Technologies expires: ❑ Not on File w/Agilent IF PAYING BY CREDIT CARD, Please call 800-227-9770 Opt I then Opt 5 to place your order. (BILLING PAYMENT SCHEDULE MANDATORY) I]Annual I]Semi-Annual ❑Quarterly ❑ Monthly (No Minimum Billing Requirement with Credit Card) TOTAL AUTHORIZED DOLLARS (Including tax if applicable -trust match your quote) (MANDATORY) IF ISSUING A PURCHASE ORDER or ACH — ELECTRONIC PAYMENT, Please complete this section: ► ❑ PURCHASE ORDER NUMBER: (MANDATORY) ► ❑ ELECTRONIC PAYMENT (ACH) - Agilent encourages customers to make payments electronically. Using Automated Clearing House (ACH), is more cost effective than check payment. Please email us at ePavnagilent.com for banking details to set up. Please enter PO# above. Purchase Order - OR - ACH Electronic Payment (BILLING PAYMENT SCHEDULE- MANDATORY) , Please apply required $200.00 Surcharge plus applicable tares, if selecting billing frequency less than thresholds listed*. ❑ Annuall No Min total amount required One Time Billing / No Min total amount required (]Semi -Annual > $7,000.00 * (below this requires surcharge) ❑Quarterly >$$7,000.00*(below this requires surcharge) ❑Monthly >$24,000.00*(below this requires surcharge) ❑ Multi -Year Agreement *Mufti- Year PO's should reference full amount for all years. Acceptance ofAgilent's Ouotation represents commitment to full Alidti-year Term. Billing Minitnum thresholds for Multi -Year are based on yearly amounts* ► TOTAL AUTHORIZED DOLLARS (Including taxifapplieable-nutst match quote) ► BILL TO INFORMATION (MANDATORY FOR ALL ORDERS) Company/Organization: P. O. Box/Street Address: City/State/Zip Code: Contact/Attention To: Phone Number & Email Address: (MANDATORY) To arpedile your order and avoid delays in service, please be sure the following fields have been completed: ❑Authorizing Signature ❑Tax Status ❑ Billing Frequency & Type ❑Purchase Order Number/Authorization ❑Total Authorized Dollars I]Bill To Information DIRECT ORDER INQUIRIES TO: ► Fax: (302) 633-8954 or Email: lscasupporyf L Ifs@agilent.corn AGILENT TECHNOLOGIES — 2850 CENTERVILLE ROAD. - WILMINGTON, DE 19808 (800) 227-9770 (Option 1 then Option5) Thank you for your order — we look forward to supporting you throughout the year! 10/11/10 Revised Agilent Technologies AGILENT SERVICE TERMS These Agilent Service Terns ("Terns°) along with the applicable description of Service ("Service Exhibit") and the terms indicated on the quotation govern the Service of Products and the license of software updates by Agilent Technologies, Inc. and its subsidiaries ("Agilent). In the event of a conflict herewith, the Service Exhibit will prevail. °Product" means Agilent or third party hardware or consumable that is supported by Agilent as described, if applicable, in any Service Exhibits. "Service" means any standard service to support Products.' 1. PARTIES RESPONSIBILITIES a) Agilent will perform Service in a professional and workmanlike manner. Agilent will make reasonable efforts to deliver Service in accordance with the quotation or the applicable Service Exhibit and may select qualified and reputable subcontractors to perform Service. b) Product must be at current specified revision levels and may require Agilent's certification, at Customer's expense, that Product is in good operating condition. c) Product relocation may result in additional Service charges, modified service response times and if moved subject to availability. d) Customer must remove products not eligible for Service to enable Agilent to perform Service and may incur additional charges for any extra work caused. e) Service does not cover damage, defects or failures caused by: use of non-Agilent media, supplies and other products; site conditions that do not conform to Agilenrs specifications; neglect, improper use, fire or water damage, electrical disturbances, transportation, work, or modification by non-Agilent employees or subcontractors, or causes beyond Agilent's control. f) Customer is responsible for maintaining a procedure external to the Product to reconstruct lost or altered Customer files, data or programs, and for having a representative present when Agilent provides Service at Customer's site. Customer will notify Agilent if Product is being used in an'environment that poses a potential health hazard. Agilent may require Customer to maintain such Product under Agilent supervision. 2. ORDERS AND CANCELLATIONS a) All orders are subject to acceptance by Agilent. b) Unless stated otherwise in the Service Exhibit, cancellation is subject to Agilent's prior consent and any applicable fees, details of which are available on request. c) Upon sixty (60) days written notice, Agilent may delete Product no longer included in Agilent's Service offering or may cancel a Service Exhibit. 3. SHIPMENT, RISK OF LOSS AND ACCEPTANCE a) Customer will pay all expenses for return of Product to the Agilent service center. Agilent will pay expenses for return of Product to Customer via Agilent's standard shipping methods. b) Risk of loss and damage for tangible deliverables will pass to Customer at the location specified in the quotation or order acknowledgment. c) Acceptance of Service will occur upon performance. 4. PRICE AND PAYMENT a) Prices exclude any applicable sales, value added or similar tax payable by Customer. b) Payment terms are per the quotation or order acknowledgement and are subject to change if Customer's financial condition or payment records so warrants. Agilent may stop performance if Customer fails to pay any sum due, or fails to perform under this or any other Agilent agreement 'rf, after ten (10) days written notice, the failure has not been cured. 5. WARRANTY a) Agilent will replace, at no charge, defective parts used in Agilent's repair of Product for ninety (90) days from the date of Service. b) Agilent warrants that software updates will not fail to execute programming instructions due to defects in materials and workmanship when properly installed and used on hardware designated by Agilent. Agilent warrants that Agilent owned standard software updates substantially conform to specifications. Agilent does not warrant that software updates will operate in hardware and software combinations selected by Customer, or meet requirements specified by Customer. Agilent does not warrant that software updates will be uninterrupted or error free. c) Agilent Service may use remanufactured parts that are equivalent to new in performance. d) The above warranties do not cover defects resulting from improper or inadequate maintenance, installation, repair or calibration performed by Customer or an unauthorized third parry; Customer or third party supplied hardware or software, interfacing or supplies; unauthorized modification; improper use or operation outside of the specifications for the Product; abuse, negligence, accident, loss or damage in transit: or improper site preparation. e) THE WARRANTIES IN THESE TERMS ARE EXCLUSIVE AND NO OTHER WARRANTY, WHETHER WRITTEN OR ORAL, IS EXPRESSED OR IMPLIED. AGILENT SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON -INFRINGEMENT. 6. LICENSES Unless license terms are included with the software updates, software updates licensed under these Terms will be subject to the most current applicable underlying license. 7. INTELLECTUAL PROPERTY CLAIMS a) Agilent will defend or settle any claim against Customer that any deliverable provided under these Terms infringes an intellectual property right provided Customer promptly notifies Agilent in writing and provides control of the defense or settlement, and assistance to Agilent. b) In defending or settling an infringement claim under Section 7(a), Agilent will pay infringement claim defense costs, settlement amounts and court- E16S Pagel / 3 Revision Date 01-November-2011 Version Number 7.1 Agilent Technologies AGILENT SERVICE TERMS awarded damages. If such a claim appears likely, Agilent may, at its option, modify or replace the affected deliverable, or procure any necessary license. If Agilent determines that none of these alternatives is reasonably available, Agilent will refund Customer's purchase price. Agilent has no obligation for any claim of infringement arising from: Agilent's compliance with or use of, Customer's designs, specifications, instructions or technical information; modifications by Customer or a third party; software update use outside the scope of Agilent specifications or related application notes; or use of the deliverable with products not supplied by Agilent. 8. LIMITATION OF LIABILITY AND REMEDIES a) In no event will Agilent, its subcontractors or suppliers be liable for special, incidental, indirect or consequential damages (including downtime costs, loss of data, restoration costs, or lost profits) regardless of whether such claims are based on contract, tort, warranty or any other legal theory, even if advised of the possibility of such damages. This exclusion is independent of any remedy set forth in these Terms. b) The limitations set forth in Section 8 (a) above will not apply to infringement claims under Section 7 above, or to damages for bodily injury or death. c) The remedies in these Terms are Customers sole and exclusive remedies. 9. INDEMNIFICATION Agilent will indemnity and hold Customer harmless from and against any third party claims for (i) bodily injury or death, or (if) direct damage to tangible property, to the extent caused by Agilent's negligence or willful misconduct in performing its obligations under these Terms, provided that Agilent is given prompt written notice and the opportunity to control the defense of the claim or settlement, and subject to the limitation of liabilities set forth in Section 8. 10. INSURANCE For Service provided by Agilent, Agilent will maintain insurance providing, at a minimum, coverage as follows: a) Commercial General Liability insurance of US $3,000,000 combined single limit for bodily injury and property damage, per occurrence and annual aggregate; b) Business Auto Liability insurance of US $3,000.000 combined single limit for bodily injury and property damage, per occurrence; and c) Workers Compensation in amounts sufficient to meet legal requirements in jurisdictions where work will be performed. Employers' Liability of US $1,000,000 per accident for bodily injury by accident, US $1,000,000 policy limit by disease, and US $1,000,000 per employee for bodily injury by disease. 11. TERM AND TERMINATION a) An order or a Service agreement may be terminated immediately upon notice in writing (a) by either party, for cause, unless the other parry cures the breach within thirty (30) days of written notice of such breach or (b) by Agilent if Customer fails to pay any sums due as specified in Section 4(b) above. b) Any order or Service agreement will terminate automatically if either party is subject to a voluntary or involuntary bankruptcy petition, becomes insolvent, is unable to pay its debts as they become due, ceases to do business as a going concern, makes an offer or assignment or compromise for the benefit of creditors, or there is a substantial cessation of its regular course of business, or a receiver or trustee is appointed for such parry's assets. c) Upon termination in accordance with Ila) or b) Customer will pay Agilent for all Service performed and charges and expenses incurred by Agilent up to the date of termination. If the sum of such amounts is less than any advance payment received by Agilent, Agilent will refund the difference within thirty (30) days of receipt of an invoice from Customer. Customer will receive all work in progress for which Customer has paid. d) Provisions herein which by their nature extend beyond the termination of any Service will remain in effect until fulfilled. 12. GENERAL a) Customer may not assign or transfer a Service agreement without Agilent's prior written consent, which may be subject to applicable charges and terms. Agilent may assign or transfer any of its rights or obligations under these Terms and applicable Service Exhibits upon notice. b) Agilent will store and use Customer's personal data in accordance with Agilent's Privacy Statement available at—www.adilent.com/golorivacv. Agilent will not sell, rent or lease Customer's personal data to others. c) The parties agree to comply with applicable laws and regulations. Agilent may suspend performance if Customer is in violation of applicable laws or regulations. d) Customer who exports, re-exports, or transfers products, technology or technical data purchased hereunder assumes all responsibility for complying with applicable U.S. and all other laws and regulations ("Applicable Laws"), and for obtaining required export authorizations. Customer expressly agrees not to sell or otherwise transfer products, technology or technical data to companies or persons on the Denied Panies List and Specially Designated Nationals and Blocked Persons List, or to any other prohibited parties or restricted destinations listed in Applicable Laws, unless properly authorized by the appropriate government(s). Agilent may suspend performance if Customer is in violation of Applicable Laws. Further information on restricted destinations can be obtained from - http://www.bis.doc.gov/policiesandregulations/reciional consideration s.him e) Use, distribution or disclosure of Products by the U.S Government is subject to DFARS 227.7202-3 (Rights in Commercial Computer Software), DFARS 252.227- E16S Page 2 / 3 Revision Date 01-November-2011 Version Number 7.1 ' Agilent Technologies AGILENT SERVICE TERMS 7015 (Technical Data — Commercial Items), and FAR 52.227-19 (Commercial Computer Software - Restricted Rights). f) Disputes arising in connection with these Terms will be governed by the laws of the State of California. g) To the extent that any provision or a portion of any provision of these Terms is determined to be illegal or unenforceable, the remainder of these Terms will remain in full force and effect. h) These Terms and any Service Exhibits attached hereto constitute the entire agreement between Agilent and Customer, and supersede any previous communications, representations or agreements between the parties, whether oral or written, regarding transactions hereunder. Customer's additional or different terms and conditions will not apply.