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HomeMy WebLinkAbout498989 XYLEM WATER SOLUTIONS USA INC - PURCHASE ORDER - 9143906 (2)PO PURCHASE ORDER 914390er Page City, of 9743906 1of2 ' `t( OI tins This number must appear ` v ` �7 on all invoices, packing sli s and labels. Date: 09/09/2014 Vendor: 498989 XYLEM WATER SOLUTIONS USA INC 227 S DIVISION ST ZELIENOPLE PA 16063 Ship To: DRAKE WATER RECLAMATION CITY OF FORT COLLINS 3036 ENVIRONMENTAL DRIVE FORT COLLINS CO 80525 Delivery Date: 09/09/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2 Shipping 1 LOT EA 103.97 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 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tenets and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By senate the City of Fort Collins is exempt from mile and local taxes. Out Exemption Number is 11. NON WAIVER. 98-04502. Federal Excise Tax Exemption Certificate, of Registry 84-6000587 is registend wit Me Collector of Failure of the Purchaser to insist upon street performvttt of the terms card conditions hicamE Enforce or delay to Internal Revenue, Deaver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39Q6, 114 (a), exerciw ony nghe or remedies provided herein or by law, failure to promptly notify to Seller in the ovens of a breach, the acceptance.for payment for goods hemander or approval of the design, shall not release Me Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the romantics or obligations of this purchase order and shall not be deemed a waiver of any fight of the damage in transit, may be returned to you far credit and are not to be replaced except upon receipt of written Purchaser to insist upon solid performance hermfor any of its rights or remedies as to any such goads, regardless imtractmas from the City of Fort Collins, of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any imported and modification or rescission of this purchase order by Me Purchaser operate n a waiver of any of the temu Inspection. GOODS are subject to the City of Fort Collins inspection on amval. haring. Final Acceptance. Receipt of the merchandise, services, or equipment in remains to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. aulhonied payment On the part of the Ciry of Fm Collins. However, it is 10 be understood quit FINAL Seller and Me Poelawar recognize that in actual m is practice, overcharges resulting from antitrustACCEPTANCE ACCEPTANCE is dependent upon completion offal applicable acquired inspection procedures. violations art in fail home by the Purchaser. Theremfore nforr good cause and as consideration for executing Ibis purchase order, the Seller hereby assigns or the Purenaser any card all claims it may vow hose or hereafter Freight Taboo. Shipments must be F.O.B., City of Too Collins, 900 Wood St.. Too Collins, CO 80522, unless acquired under foram] or state antitrust laws for such overcharges relating to Me particular goods or services otherwise specified on this older. If perni tim is given to prepay freight red dmrgr separately, the original f ight purcbuN or acquired by Me Purchase pursuant W this purchase oat . bill most accompany invoice. Additional charges for pMking will rut be accepted. Shipment Distance. Where manufacturers have dislnbuaing points in various parts of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sale cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and roles ofthe 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 agree to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reawft of. ®maned m established violation of any such laws, regulations, ordinances, ales and requirements. Amhodesaion. All parties I. this container agree dial the representatives tie, in fan, Imes Mile and possess full and complex authmty 1. bind said parties. LIMITATION OF TERMS, This Purchase Order expmssly limits acceptance to the miss and conditions stated herein set Earth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different rams and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENIimmediately if you cannot make complete shipment to cause on your pramised ddWery date as 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 aces of the Facedown including, without Imitation. oomplaw, of partial late delivues, shot[ ,.to as a waiver of this prmfismu In the ,at of any de]ay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order dsewhom and holding the Seller liable fro damages. However, to Seller shall not be liable for damages m a result of delays due to causes not reasowbly foreseeable which are beyond in reasonable consul and without its fault of negligence, such acts of God, acts ofor,[ or military authorities, gavemmental pnamies, fires, strikes, Road, epidemics, was or hots presided drat notice of Me conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thecuf In the event of any such delay, Me die of delivery shall be extended for the period equal to the time actually lost by reason office delay. 3. WARRANTY. The Seller w'nnams that all goods, miles, materials and work covered by this color will conform with applicable dnwhip, specifications, samples andlor other descriptions given, will be fit for the purposes intended, and performed with Me highest degree of care and competence in accordance with accepted standards farmark of n similar wire. The Seller agrees to hold the purchaser harmless from any lass, damage or expense which the Purchaser may sulfiet or incur on account ofthe Sollars breach of oumnry. The Seller shall replace, repair or make goal, without cost to the pmrhawr. any defects or faults using within one (I) year or within such longer period of time as may be prescribed by law or by the lama ofmy applicable vacancy provided by to Sella after hie date of acceptance of the good furnished hereunder (acceptance not to be communicably delayed), resulting fain imprfen or de@abe work done or materials Mandator] by the Seller. Acceptancc or use of goals by din Purchaser shall not constitute a waiver of any claim under this wamnry. Except as otherwise Provided in Ibis proteins, order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wemnties or gumamees, but such liability shall in no event include loss of profirs or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchuser may make changes to legal areas by written change order. 5. CHANGES IN COMMERCIAL T ERMS. The PureMsermay make any changes to the arms. race, tan legal terms, including addieinne to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change aRece the amount due or the time ofpefiar--c hereundeq an equitable adjustment shall l e made. &TERMINATIONS. led Purchaser may at any time by wdttea change ordeg mrmmus a this agreement as to troy or all goniors of the good then not shipped, subject to any equitable fific ment between the panic as to any work or accounts ten in progress provided that the Purchaser shall not be liable for any claims fm anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjusmrnt be made in favor of the Seller with respect to any goods which we the Sellers standard stack. No such termination shall relieve the Purchaser or me Seller of any oftheir obligations in many good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjuoncoot most be asserted within thirty (30) days from the dam the change or termination Is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold bereunder shag have, been produced sold delivered and famished in street compliance with all applicable laws and regulations to which Me goad are subject. The Seller shall execute and deliver such documeats as may be required to effect or evidence compliance. All laws and regulations required an be incorporated is agreements of Ibis character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold Me Purchaser hvmless from all costs and damages suRtted by to Purchaser as a result of hie Sellers failure an comply wiIb such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hem mda without the prior written consent of the oust party. 10. TITLE. The Seller want full, dam and unresmined aide to the Pumhaser for all eginpmenl, mmerials, and it. famished in performance of this agreement, free am clear of any and all firm, festnetions, reservations. security interest encumbrances and claims of others. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. IfIbe Purchaser names 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 perforated by the most expeditious means available to it, rand the Seller shall pay all costs associated with such work. The Seller sbull release Me Purchmrr, and its commcmrs of any tier from all liability and claims of any nature caching from Me performance of such work. This miaow shall apply even in the e'rnr of fault of negligent of the pray released and shall extend to the dirermrs, officers and emplayees ofsnch party. The Stilcls comractwl obligation, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or cased to be performed by Me Purchaser. 14. PATENTS. Whenever Me Seller is required to use any design, device, material or process covered by [enter, parent trademark r capynghl, the Seller shall 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 cast, 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, ar any pan therm( or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its awn expense and at its option, either procure for the Purthastt the right to continue using said equipment or pane, replace the more with substantially equal but ...infringing Nuipmes t, or modify it son becomes auninlringbag. 15. INSOLVENCY. If the Seller shall become insolvent or banksuq, make an assignment far Me benefl of creditors, appoim is receiver ar 1rLLSme fro any of the Sell. property or business, this order may foMwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftems used or the inteTmation ofthe agreement and the rights of all funds, hereunder shall be onsured under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where Me Seller is to perform work hereunder, including the services of Sellers Representatives), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until Me same is fully completed and accepted and shall, in rase of any accident, desmnion or injury to the w'e& andrm materials before Sellers final completion and acceptance, mmpleas the work at Sellers own expense grad to the co sfanion of the Purchase. Whour matenals and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload store and handle sine m the sae and become responsible therefor as though such amounts andim yt i rment were being furnished by the Seller under the order. .. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers cmouvromi.c. including occupational disease benefits, to its employees employed on or in connection with the work covered by This purchase order, andfor to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall ma. cam ccomproheruire gent oal liability including, but not limited as contmewal and mo mobde public total Iry insurance win bodily injury and death limits of at least S300,00) for any one person, SM 0,000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his commctors, if any, to provide for such compensation said announce. Before any of din Sellers or his contractors employees shall do any work upon the premises of cabers, the Seller shall fumuh the Purchase with a cer ifcare that such compensation and insurance have hoer provided Such certificates shall sped fy the date when such compensation and micros- have been provided. Such certificates shall specify Me date when such compensation and insurance expires. The Seller agrees that such compersmiw and insurance shall be maintained wtil after Me entire work is completed and accepled. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. no Seller hereby assumes he entire responsibility and liability far any and all damage, loss ar injury ofany kind or nature whatsoever to persons of property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser mad any r all of the Purchasers officers. ogres and employees fiom and against any and all claims, lasses, dammi charges or expenses, whether direct or indirecr, and whether to Persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission m default on the pan of the Seller, any of his comrxmrs, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against hie Purchases, or in officers, agents or employees at any time on account or by reams of any rot, action, neglect, omission of default of the Sella of any of his contractors or any of its or Nei, oflicm, ago. or employees as afommid hie Seller hereby agrees a assume the defense thermf and to defend Me same aft the Sellers own expectse, to pay any and all rose, charges, mmmeys fees and oMi expenses, any a all judgmmtt Nat may be incurred by or obtained against Me Purchaser or any of in or their officers, agents or employees m such suits or other proceedings, said in case judgment or other liea be plied upon or obtained against Me property of the Purchaser, or said parties in or as a result of such soils or other proceedings, the Seller will at once cause the same to be dre alved and discharged by giving band or otherwise. The Seller and his contractors shall eke all safety premulio n. famish and instill all Simon necessary for the prevention of accidents, comply with all laws and regulations with regard to safely including, but without limitation, the Occupational Safety and Health Act of 1920 and all rules and regulations issued pursuant thereat. Revised 02R014