HomeMy WebLinkAbout179020 AGILENT TECHNOLOGIES INC - PURCHASE ORDER - 9143585PO
PURCHASE ORDER 914358er Page
CCity of PURCHASE
9143585 t of 2
`t ( OI I I n C This number must appear
V " J on all invoices, packing
sli s and labels.
Date: 06/26/2014
Vendor: 179020 Ship To: WATER QUALITY LAB
AGILENT TECHNOLOGIES INC CITY OF FORT COLLINS
NORTH AMERICAN CUSTOMER CONTACT CEN 4316 W LAPORTE
2850 CENTERVILLE RD BU3-2 FORT COLLINS CO 80521
WILMINGTON DE 19808-1610
Delivery Date: 06/25/2014 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 CONTINUE MAINTENANCE 1 LOT LS 18,349.20
AGREEMENTS ON OLD AND NEW GCMS
AND ON THE ICPMS PER QUOTATION 5000058574 DATED 07JUNE2014
2 CONTINUE MAINTENANCE 1 LOT LS 14,158.80
AGREEMENTS ON OLD AND NEW GCMS
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by Gerry S. Paul
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:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Page 2 of 2
1. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fan Collins is exempt tram stole and local taxes. Dec Exemption Number is
11. NONWAIVER.
98-04502. Federal Excise Tax Exemption Cmificate of Registry 84-6000587 is registend with the Collector of
Failure of the Purchaser m insist upon said peRormanre of the terms and conditions hereof, failure or delay m
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1993, Chapter 39-26, 114 Cd,
cormise 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 arms, design, shall not release the Seller of
Goods ft jected. GOODS REJECTED due to failure a meet sp vifiatwes , Mims, when shipped or due to defects of
anY of the warranties or obligations of this parchase audit, and shall at be deemed a waiver of any tight of the
damage in transit, may be mammal 1a you far credit and are not ro be replacd except upon receipt of wsinen
purchaser to insist upon strict performance hereafor any of its rights or temdies as to any such goods, regardless
instructions fram the City of Fort Collins.
of when shipped, received or accepted, as many prior or subsequent &fault hereander, nor shall any postponed
oral mdifiwtim or rescission of in, purchase order by the Parchaur op,rne as a waiver of any of the toms
Inspection. GOODS arc subject as the City of For Collins inspection on arrival.
hereof.
Final Acceptance. Receipt of the merchandise, services or equipment in response as Nis order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
au0rori rd payment on no pan of the Ciry of Fan Collins. Howevn, it is in be understood that FINAL
Seller Mid the Purchaser raognve that in actual cournexam, practice, onercharges resulting farm antitrust
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
violations arc in fact home by the Purchaser. The¢tof , far good Maus, mad as rnnsideradon for executing this
purchase order, the Seller hereby assigns to the Postman my and all claims it may now have or hereafter
Freight Terms. Shipments must be F.OD., City of Fan Collins, 700 Wood SL, Fort Collins, CO 80522. unless
mquised under federal or sate national laws for such m'ncharges relating to the particular goods or services
otherwise specified on Nis eMe, If permission is given to prepay freight and charge separately, the original freight
purchased or acquired by no Puahaan pursuant to Nis poreham Vice.
bill must mmmpany imoure. Anibal .nal charges for (tacking will at be accepted.
Shipment Distance. More manufxmrers have distributing Points in variots pads of the country, shipment is
expected from the nearest distribution pair to distortion, and excess freight will be deducted fmm Invoice when
shipments one made from greater distance.
Permits. Seller shall procure at sellers sole cost all necessary pmnine certificates and licew, required by all
applicable laws, regulation, ordinances and to of the state, municipality, territory or political subdivision where
the work is performed, or required by any other duly conslimted public authority having jurisdiction over the work
of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss
incurred by them by realm of as asserted or established violation of any such laws, regulations, ordinances, rules
andualm emam.
Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and
complete outho ly to and said come,
LIMITATION OF TERMS. Ibis Purchase Order expressly limits acceptance to the leans and conditions coned
herein sal form and any supplementary or additional loans and conditions annexed hereto or incorporated herein by
reference. Airy tuklitional or different terns 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 ofthe essence. Delivery and Performance most be effected within the Ionic
stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
]inflation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In mse event army delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option Offbeat, this order elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays
due to causes not reasonably foreseeable which are beyond is reasonable annual and without its fault ofnegligence,
,rich ms of God, acts of civil or military immunities, governmental Pontoon, fires, At Rood, epidemics, wars or
,ions provided that notice of the conditions causing such delay is given to the Putvhesur within Gve (5) days of the
time when the Seller first received knowledge thereof. In the event of any such delay, mse date of delivery shall be
extended for the peril equal to th, hate actually lost by commit of me delay.
3. WARRANTY.
The Seller warmers Rut all goods, asides, materials as wok covered by this order will c u form with applicable
drawings, specifications, samples Malin other da ninios given, will be fit for the purposes intended, as
pert ed with the highest doge„ of care and competence in xwrdmee with accepted stanaard for work of a
Martin wture. The Seller agrees to hold de puahascr harmless fmm my lass, damage or expe taw which tho
Purchaser may suli or incur on mcount of the Sellers breach of waerenty. The Sell, shall replace, repair or rake
good, without coal o the purchaser, my defers or faults wising within one (1) year or within such longer period of
Iime as may be prescribed by law or by the to. army applicable want provided by the Seller aft, the date of
acceptance of the good famish& hercunder (accopWnce not be unreamwbly delayed), resulting from imperfect
or defective work done or materials fumishd by me Seller. Acceptance or use of goods by the Purchaser shall not
owtimre a waiver of any claim under this wmrattty. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend 10 all damages praximately caused by me breach of any of the foregoing vorrom ies
or guarantees, but such liability shall in no event include nos of profs or loss ofuse. 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 wrinen change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes as the loons, other than legal teat, including additions 10 or deletions from
the quantities originally ordered in tire specifications or drawings, by verbal o t st change order. If any such
u
change affects the amount due or Nat time o[pufortnonw hereunder, an equitable adjustment shall be made
6. TERMINATIONS.
The Purchaser may at any once by written change order, terminate this agroweeat as to my or all Pon of the
goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials lthen in
progress provided that the Purchaser shall not be liable for any claims for anticipated prufts oa the uncomplined
cannon of the goods and/or work, for incidental or consequential damages, and that no such adjstmrnt be made in
favor of the Seller with resistor to any goods which art me Scllers standard stock. No such termination shall relieve
the Pun hser or the Seller of any of their obligations as to any goods delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjusment most be assured within thirty, (30) days fmm tbe date the change or annotation is
ordered.
8. COMPLIANCE WITH LAW.
The Seller waemns that all goods sold hereunder shall hate been produced, sold, delivered and fmish& f strict
compli. with all applicable laws as regulations to which me good are subject The Seller shall execute and
deliver such documents as may be required to i ffM or evidence compliance. All laws and regulations required to be
ncorpomo l in agreements of this character are beach, incorporated herein by this reference. The Sell, agrees to
iaemnify and hold me Purchaser harmless from all Moss and damages suffered by me Pselsmr res a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither Not shall assign, aawf,, or convey this color, or any monies due or to become doe heremd, without the
poor woman common ofthe other party.
IT TITLE.
The Seller warrants full, clear aud committed title to the Purchaser for all equipttrent, rwtenas, and items frnishd
in performance of this agreement, f and clear or my and all lies, conditios, reservations, ma iry interest
encumbrances and claims of others.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
l fthe Purchaser duccs 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 of unwillingness to comply, the Purchaser
may cause the work to be performed by the most expeditious means available to it, as the Seller shall pay all
costs associated with such work.
The Seller shall release the Purchaser and is contractors of my tier from all liability and claims of any nature
resulting from the performance i fsuch work.
This release shall apply even in the even of fault of negligence of the party renewed and shall extend to the
directors, officers and employees of such party.
The Solve, commensal obligations, including warranty, shall not be deemed to be reduced, in any Or, because
such work is perforated or caused,, be performed by the Paramour.
14. PATENTS.
Whenever the Seller is required m use any design, device, material or process covered by loner, Palen,, trademark
or copyright, the Seller shall indemnify and sax harmless the Porchaier 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 cast, expense or damage which it may be obliged to pay by reason of such
infringement in any time during the Incineration or after the completion of the work. In case said equipment, or
any pan thereof or the intended use a the goads, is in such suit held to constitute infringement and the toe of
said equipment or pan is rnjained, the Seller shall, at its own expense and at is option, either procure far the
Purchaser the fight to continue using mid equipment or pans, replace the same with substantially equal but
immufringing equipment, or modify it so it becomes corroborating.
15. INSOLVENCY.
If the Seller shall become insolvent or baNmpt, male an assignment for the benefit of creditors, appoint a
or
auaWe for any of the Sellers property usness or but., in,, order may forthwith be canceled by flow
Purchaser without liability.
16. GOVERNING LAW.
The definition ofit. used or the interpretation of the agrmnem and the right of all parries hereunder shall be
comtioed under and governed by Nc laws ofthe State of Colorado, USA.
The following Additional Conditions apply only in cases where the Seller is to per( wok hereunder,
including he services i fSelkrs RepresenotiveD), on the psemises of others.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sidles man risk mail to same a fully completed and accepted, and shall,
in case of my accident, destruction or injury to the work and/or materials before Seller's final completion as
mcepmmx, complete the work at Sellers own cxpese and to the mdfaction of the Pumhaser. When materials
and equipment are furnished by offers for installation or erection by the Seller, the, Seller shall receive, unload,
store and handle mine at the site and became responsible therefor as though such nationals candor equipment
were being furnished by the Seller under the order.
18. INSURANCE.
The Seller shall, at his own expense, pravide for the Payment of workers compensation, including occupational
disease benefit, to is employees employed on or in connection with the work covered by this purchase order,
andror to their depanJcos in accordance with the laws of the some in which the work is to be done. The Seller
shall also carry comprehensive general liability including, but Out limited m, contactual and automobile public
liability insurance with bodily injury and death limits of at least S311gW0 for any one person, $500,000 for any
one accident and property damage limit per accident of $400,000. The Seller shall likewise require his
contractors, if any, to pmvisfe for such compensation and insurance Bomm any ofthe Sellers or his contactors
employees shall do any work upon the premises of others, the Seller shall fmish the Purchaser with a con roue
that such compensation and insurance have been provided Such certificates shall specify the date when such
compensation and insurance have been provided. Such cenlficates shall specify the date when such compensation
and its expires. the Seller agrees that such compensation and assurance shall be maintained until alter 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 army kind
or ware wheat or to persona or property roused by or resulting from the execution ofthe work provided for in
this purchase order or in connection herewith. The Seller will inen ify and hold bridals the Pmcbaur and my
r all of the Purchasers officers, agents and employees fmm and against any and all claims, lasses, damage,
charges or expenses, whither direct or indirect, and whether to persons or parody to which the Purchases may
be put or subject by rtamn of any set action, neglect, omission or default an me pan ofthe Seller, my of his
minctors, or any of the Sellers m at.,. oflicers, agents or employees. 1. com any suit or other
proceedings shall be brought against Ne Purchamr, or its officers, agent or employees at my time on account or
by reason of any act, action, willed, omission or default of the Seller of any of his contractors or my of its or
their officers, agens or employes as of said, doe Seller hereby agrees to assume the defame thereof and to
defend the more an the Sellers own exam,, to pay any and all cats. charges, atmmeyx fees and other expanses.
my and all judgments that maybe incurred by or obtained summit no Purchaser or my of its or their officers,
agens or employees in such saris or other proceedings, and in cam judgment or other lien he placed upon or
obtained against the property of the Pltrchascr, or said parties in or as a result ofsuch suss or other proceedings,
the Seller will at once cause the same to be dust and discharged by giving bend in oNenvise. The Seller and
his comractars shall take all safety prttautims, famish and iasoll all guard mecessary for the prevenlion 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 rates and regulations issued pursumn thereat.
Revised 03R010