HomeMy WebLinkAbout438321 THERMO FISHER SCIENTIFIC (ASHEVILLE) - PURCHASE ORDER - 9131029Fort Collins
Date: 02/21/2013
PURCHASE ORDER
PO Number Page
9131029 1of2
This number must appear
on all invoices, packing
slips and labels.
Vendor: 438321 Ship To: WATER QUALITY LAB
THERMO FISHER SCIENTIFIC (ASHEVILLE) LLC. CITY OF FORT COLLINS
28 SCHENCK PARKWAY, BLDG 26, STE 400 4316 W LAPORTE
ASHEVILLE North Carolina 28803 FORT COLLINS Colorado 80521
Delivery Date: 02/21/2013 Buyer: OPAL DICK
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
MAINTENANCE CONTRACT 1 LOT LS 2,432.00
CONTRACT #11302
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
Total
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
Page 2 of 2
1. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER.
98-04502. Federal Escise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 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 a
breach, the acceptance ofor payment for goods hereunder or approval ofthe 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 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 to insist upon strict performance hermfor any of its rights or remedies as to any such goods, regardless
instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported
oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terns
Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. 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 Fan 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 of all applicable required inspection procedures. violations are in fact home 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 hereafter
Freight facts. Shipments must be F.O.B., City of Fan Collins, 700 Woad St, Fart Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services
otherwise specified an 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 tea moenv invoice. Additinnal charges far Packing will not be accepted.
Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is
expected from the nearest distribution paint to destination, and excess freight will be deducted from Invoice when
shipments are made from greater distance.
Permits. Seller shall procure at sellers sole cast all necessary permits, certificates and licenses required by all
applicable laws, regulations, ordinances and rates of the state, municipality, territory or political subdivision where
the work is performed, or required by any other duly constituted public authority having jurisdiction over the work
of vendor. Seller further agrees to hold the City of Fan Collins harmless from and against all liability and loss
incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules
and requirements.
Authorization. All parties 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 additional temts and conditions annexed hereto 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 m noted. Time is of the essence. Delivery and performance most be effected within the time
stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
limitation, acceptance of partial late deliveries, shall operate 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 of placing this order elsewhere
and holding the Seller liable for damages. However, the Seller shalt not be liable for damages as a result of delays
due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence,
such acts of God, acts ofcivil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars 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 knowledge 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 ofthe delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples and/or other descriptions given, will be fit for the purposes 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 any loss, damage or expense which the
Purchaser may suffer or incur on account of the Sellers breach of wantonly. The Seller shall replace, repair or make
good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of
time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of
acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect
or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not
constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties
or guarantees, but such liability shall in no event include lass of profits or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILFFY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal terns by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other than legal terms, 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 due or the time ofperformance hereunder, an equitable adjustment shall be more
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 shipped, 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 an the uncompleted
portion of the goods and/or 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 Pumbow, or the Seller of any of their obligations as to any goods delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be asserted within thirty (30) days from the date the change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, said, delivered and famished in strict
compliance with all applicable laws and regulations m which the goods are subject The Seller shall execute and
deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be
incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless from all casts and damages suffered by the Purchaser as a result of the
Sellers 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 parry.
10. TITLE.
The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished
in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest
encumbrances and dams of others.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the
Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all
costs associated with such work.
The Seller shall release the Purchaser and its contortions of any tier from all liability and claims of any nature
resulting from the performance ofsuch work.
This release shall apply even in the event of fault of negligence of the parry released and shall extend to the
directors, officers and employees of such parry.
The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because
such work is perfornied 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 hamnless 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 of such
infringement at any time during the prosecution or after the completion of the work. In case said equipment, or
any part 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
Purchaser the right to continue using said equipment or puts, 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 bonkmpt, 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
Purchaser without liability.
16. GOVERNING LAW.
The definitions of terms used or the interpretation ofthe agreement and the rights of all parties hereunder shall be
construed under and governed by the laws ofthe State of Colorado, USA.
The following Additional Conditions apply only in cases where the Seller is to perfomt work hereunder,
including the services of Sellers Represennative(s), on the premises ofothers.
17. SELLERS RESPONSIBILITY.
The Seller shall tarty 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 Seller's own expense and to the satisfaction of the Purchaser. When materials
and equipment are furnished by others for installation or erection by the Seller, the Seller shall receive, unload,
store and handle same al the site and become responsible therefor as though such materials and/or equipment
were being famished by the Seller under the order.
18. 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 laws of the state in which the work is to be done. The Seller
shall also tarty comprehensive general liability including, but not limited to, contractual and automobile public
liability insurance with bodily injury and death limits of at least 5300,000 for any one person, 5500,000 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 any of the Sellers or his contractors
employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate
that such compensation and insurance have been provided. 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 be 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 of any kind
or nature whatsoever to persons or property caused by or resulting &am the execution of the work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold hornless the Purchaser and any
or all of the Purchasers officers, agents and employees from 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 subject by reason of any act, action, neglect, omission or default on the part of the Seller, any of his
contractors, or any of the Sellers or centimeters 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, neglect, omission or default of the Sella of any of his contractors or any of its or
their officers, 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 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 of the Purchaser, or said panics in or as a result of such suits or other proceedings,
the Seller will al once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall bike 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 limitation, the
Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto.
Revised 03/2010
Cityof
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PO
PURCHASE ORDER 9131029r Page
1 of 2
number must appear
V
�Ton":Ilinvoices, packing
slips and labels.
Date: 02121 /2013
Vendor: 438321 1Ship To: WATER QUALITY LAB
THERMO FISHER SCIENTIFIC (ASHEVILLE) LLC CITY OF FORT COLLINS
28 SCHENCK PARKWAY, BLDG 2B, STE 400 4316 W LAPORTE
ASHEVILLE North Carolina 28803 FORT COLLINS Colorado 80521
Delivery Date: 02/21/2013 Buyer: OPAL DICK
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 MAINTENANCE CONTRACT
CONTRACT #11302
1 LOT LS
Total
THERMO FISHER SCINETIFIC
(ASHEVILLE) LLC
Terms n onditiqq G vern:
Initials 26 )3Date
• ,.�-�'yt _ • „n ���" Initials 2 Date
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:
2,432.00
$2,432.00
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
L OMMERCIAI,DETAILS.
Tess emotions, Ry statute the City of Port Collins is exempt from state and local taxes, Our Exemption Number is
96.04 - Federal Excise Tax Exemption CertiSca[e of Registry 64.6000567 is registered with the Collector of
[ntemal venue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a),
Goads Rejec .GOODS REIECTED due to failure to meet specifications, either when shipped or duo W defects of
damage in tmr ' , may be rewmed to you for credit and ere not hi be replaced except upon receipt of written
instructions Cram a City of Fort Collins.
to the City of Fart Collins inspection on arrival.
Page 2 of 2
11. NONWAMR.
Failure of the purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to
exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
breach, the Acceptance of or payment for goods hereunder or approval ofthe design, shall not release the Seller of
any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the
Purchaser to insist upon strict perromhance hereafor Any ofits rights ar remedies as to any such goods, regardless
of when shipped, received or accepted, As to any prior or subsequent default hereunder, nor shall any purported
oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms
hereof.
Final Acceptance. Recei of the merchandise, services or equipment in response to this order con result in 12. ASSIGNMENT OF ANTCfRUST CLAIMS.
authorized payment on th art 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 antihust
ACCEPTANCE is dependent Nn completion of all applicable required inspection procedures, violations are in fact home by the Purchaser. Theretofore, for good cause and As cousideration for executing this
purchase order, the Seller hereby assigns to the purchaser any and all claims it may now have or hmeRer
Freight Terms. Shipments must b ,O,D., City of Fort Collins, 700 Wood St, Fort Collins, CO 90522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services
otherwise specified on this attlex. If' fission 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. Additions harges forpackingwill not beaccepted.
Shipment Distance, Where manufacturers ve disfribwing points in various parts of the country, shipment is
expected from the nearest distribution point t dcelinatian. and excess freight will be deducted from Invoice when
shipments are made from greater distance,
Permits. Setter shall procure at sellers sole cast A necessary permits, eertifcates and licenses required by all
applicable laws, regulations, ordinances and rules of state, municipality, territory or political subdivision where
the work is perforated, or required by any other duly co 'rated public authority having jurisdiction over the work
of vendor. Seller further agrees to hold the City of Fen Ilios harmless from and against all liability and loss
incurred by them by reason of an asserted or established vie Lion of any such Iowa, regulations, ordinances, rules
and requirements.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the
Purchaser and the Seller, and the Seller thereaRet indicates its inability or unwillingness to comply, ale Purchaser
may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all
costs associated With such work.
The Seller shall release the Purebaser and its contractors army tier from all liability end claims of any nature
resulting from the performance of such work.
This release shall apply even in the event of fault of negligence of the party released and shall extend to the
directors, officers end employees of Bach party.
Authorization. All Parties to this contract agree that the represents •es are, in fact, bona fide and possess full and The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because
complete authority to bind said parties, such work is performed or caused to be performed by the Purchaser.
LIMITATION OF TERMS. This Purchase Order expressly limits ace lance to the tears and conditions stated
hereto set forth and any supplemtentary or additional terms and conditions axed hereto at incorporated heroin by
reference. Any additiona]or different terms and conditions proposed by scFle re objected to and hereby rejected.
2. DELIVERY,
PLEASE ADVISE PURCIIASING AGENT immediately ifyou cannot make cam ate shipment to arrive on your
promised delivery date as noted, Time is of the essence. Delivery and perromiance m t be effected within the time
stated on the Prrclrase order and the documents attached hereto. No acts of the P hasers including, without
limitation, acceptance of partial late delivar4cs, shall operate as a waiver of this provision, the event of any delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option of plat this order elsewhere
and holding the Sellcr liable for damages. However, the Seller shall not be liable for damage a result of delays
due to causes not reasarmbly foreseeable which are beyond its reasonable control and without its nit of negligence,
such acts of God, acts of civil or military authorities, governmental priorities, fires, strikes, flood, a emits, wars or
riots provided that notice of the conditions causing such delay is given to the Pdchaser within five dot's of the
time when the Seller first received knowledge thereof. In the evetn of any such delay, the date of deli shall be
extended for the period equal to the time actually lost by reason ofthe delay,
3, WARRANTY,
The Seller warrants that oil goods, articles, materials and work covered by this order will conform with app]ic le
drawings, specifications, samples anther other descriptions given, will be fit for the purposes intended,
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 any loss, damage or expense which the
Purchaser may suffer or room an account ofthe Sellers breach of warranty. The Seller shall roPlam, repair or make
good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of
time m maybe prescribed bylaw or by the terms army applicable warrantyprovided by the Seller after the data of
acceptance ofthe goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect
or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not
constitute a waiver of any claim under this warranty. Except As otherwise provided in this purchase order, the Sellers
liability bereunder shall extend to all damages proximately caused by the breach orally orthe foregoing warranties
or guarantees, but Mich liability shall in no event include loss of profits or loss of uxe, NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OP FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal loons by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, outer than legal forms, including additions to Or deletions from
the quantities originally Ordered in the specifications or drawing%, by verbal or written change order. If any such
change Affects the amount due m the time of performance 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 ofthe
goods then not shipped, subject to any equitable adjustment between the Parties as to any work or materials Ilion in
pmgrrss provided that the Purebaser shall not be liable for any claims for anticipated profits on the uncompleted
portion orthe gouda and/or work, for incidental or consequential damages, and that no such adjustment be made in
favor of the Seller With respect to any goods which arc the Sellers standard stock. No such termination aluillmlicv.
the Purchaser or the Seller orally of their obligations as to any goods delivered hereurulm
7. CLAIMS FOR ADJUSI'MENT.
Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is
ordered,
S. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, said, delivered and furnished in strict
compliance with all applicable laws and regulations to which the goods arc subjecL 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 are hereby incorporated herein by this reference, The Seller Agrees to
indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall a%sigm, transfer, or convey this order, or any monies due m to become due hereunder without the
Prior wriam consent of the otberparty,
10. TITLE.
The Seller warrants full, clear and unrestricted title to the Purchaser for Eli equipment, materials, and items famished
in performance of this ogrecmcnt, free and clear of any and all liens, restrictions, reservations, security interest
encumbrances And claims of others,
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 barroom 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, end
shall indemnify the purchaser for any cast, expense or damage which it may be obliged to pay by reason orsuch
infringement at Any time during the prosecution or after the completion of the work- In case said equipment, or
any part 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, file 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 runinfringhhg,
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, 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
Purchaser without liability.
16, GOVERNING LAW.
The definitions of fermis used or the interpretation ofthe agreement and the rights of all parties hereunder shall be
construed under and governed by the laws ofthe State ofColomdo, USA.
e following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
i uding the services of Sellers Representative(s), on the premises ofathets.
17. S LERS RESPONSIBILITY,
The Sol shall carry on said work at Sellcr's own risk until the same is fully completed and accepted, and shall,
in case o y accident, destruction or injury to the work and/or materials before Sellers final completion and
nedlitsoce, mplete the work at Settees own expense and to the satisraction of the Purchaser. When materials
and equipment a famished by otters for installation or erection by the Seller, the Seller shall receive, unload,
store and handle me at the site and become responsible therefor as though such materials and/or equipment
were being furnish by the Seller under the order.
IS. INSURANCE,
The Seller shall, at his o expense, provide for the payment of workers compensation, including occupational
disease benefits, to its amp ces employed on or in connection with the work covered by this purchase order,
and/or to their dependents in ordance with the laws of the state in which the work is to be done, The Seller
shall also carry eomprebeusive am( liability including, but not limited to, contractual and automobile public
liability insurance with bodily in and death limits of al Ieast $300,000 for any one person, $500,000 for any
one accident and properly damage imil Per Accident Of S400,000, The Seller shall likewise require his
contractors, if Any, to provide for such mpensation and insurance Before Any of the Sellers or his contractors
employees shall do any work upon the pr ises of others, the Seller shall furnish the Purchaser with a ceniricate
that such compensation and insurance hav eon provided. Such certificates shall specify the date when such
compensation end insurance have been provid ,Such certificates shall specify the date when such compensation
and insurance expires. The Sellcr agrees that s compensation and insurance shall be maintained until after the
entire work is completed and accepted,
19, PROTECTION AGAINST ACCIDENTS AND p GFS.
The Seller hereby msumcs the entire responsibility andh ilityfor any and all damage, loss or injury army kind
ornature whatsoever to persons or property caused by or Ming from the execution oftlie work provided for in
this pumhastordec Orin connection herewith. The S<llerwill demnify and hold barmless the Purchaser and any
or all of the Purchasers officers, agents and employees fram d against any and all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether to p ons or property to which the Purchaser may
be put or subject by reason of any act, action, neglect, omission of efaalt on the part of the Seller, any of his
contractors, or any of the Sellers or contractors officers, agents employees, In cast any suit or other
Proceedings shall be brought against the Purchaser, or its officers, Agent r employees at anytime on account or
by reason orally act, action, ncglcct, omission or default of the Seller of of his contractors or any of its or
their affects, agents or employees is s(aremid, the Seller hereby agrees to some the defense thereof and to
defend the seine ar the Sellers own expense, to pay any and all costs, charges, omeys fees and other expenses,
any and all judgments that may be incurred by or obtained against the Purchase r any of its or their officers,agents or employees in such suits or other proceedings, and in case judgment or r lien be placed upon or
obtained against the property of the Purchaser, or said parties in or as a result arse h
fsuch its or other proceedings,
the Seller will at once cause the same to be dissolved and discharged by giving bond or erwise. The Seller and
his contractors shall take all safety precautions, furnish and install all guards necessary r the prevention of
accjdcny, comply with all laws and regulations with regard to safety including, but wi ut limitation, the
`Oecup'ational Safety and Health Act of 1970 and all rates and regulations issued pursuant thcret
Revised 03Wio