HomeMy WebLinkAbout292454 THERMO ELECTRON NORTH AMERICA LLC - PURCHASE ORDER - 9145391Fort Collins
Date: 09/17/2014
Vendor: 292454
PURCHASE ORDER
THERMO ELECTRON NORTH AMERICA LLC
5225 VERONA RD
MADISON WI 53711
PO Number Page
9145391 1of2
This number must appear
on all invoices, packing
slips and labels.
Ship To: WATER QUALITY LAB
CITY OF FORT COLLINS
4316 W LAPORTE
FORT COLLINS CO 80521
Delivery Date: 09/17/2014 Buyer: PAT JOHNSON
Note:
Line Description Quantity Extended Unit Price Extended
Ordered Price
1 058007 ICS-2000 CHROMATOGRAPHY
SYSTEM SN DX07090441 UNITY
1 LOT LS
6,030.66
ESSENTIAL SUPPORT 056831 COVERAGE FOR AS40 AUTOSAMPLER #DX07100331 FROM NOVEMBER
21, 2014 TO NOVEMBER 20, 2015
��tn'i':.4i
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 Terms and Conditions
Page 2 of 2
1. COMMERCIALDETAILS.
Ton exemptions. By stamle the City of Foe Collins is exempt from sure and local taxes. Our Exemption Number is
11. NONWAIVER.
98404502. Federal Excise Tax Exemption Chi ificam of Registry 84-6000587 is registered with the Collector of
Failure offer Purchaser to insist upon atrim performance of the Is. and conditions hate.[ failure or delay to
Itnemal Revenue, Denver, Colomm (Ref. Colorado RevisedSuture s 1993. Ch par 39-26, 114 (a).
exerrim any rights or remedies provided herein of by law, failure to promptly notify the Seller in the event or
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 created a waiver of any right a the
damage in transit, may be reutmed to you for credit and are not b be replaced weep( upon receipt of within
purchaser to insist upon anct perfuencere hereof or any of its rights or mmdies as to any such goods, regardless
instructions from the City of Fart Collins.
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any puryoned
oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the facts
Inspection. GOODS are subject to the City of Fort Collins inspection on arrival.
hereof.
Final Arreprome. Receipt of the merehendim, gervives or equipment in mamaxon to this orM can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorvud payment on the Part of the City of Fort Collins. However, it is m be andeatood Out FINAL
Seller aM she Isterhorm recognize Nat in actual m mic practice, scercharges imaging from antittssst
ACCEPTANCEis dependrntuponmmpletionafa][applicable acquired impaling procedures.
violations are in fact home by the Purchaser. Theremfnce.for good eau¢ and us Consideration for executing this
purehase maker, the Seller hereby usign to the Purchaser any and of claims it may now, have or hereafter
Freight Teeen. Shipments must be, F.O.B., City of Fort Collins, 700 Wood St.. Fort Collins, CO 80522, unless
acquired under federal or sum onrinnm lass for such overehargca misting to the particular goods or services
otherwise specified oa this order. If permission is given to prepay freight and charge separately, the original freight
purchased or acquired by the Purchases pursuant to this puaham oaken.
bill must occommanv imzdce. Additional charges for Packing will not be accented.
Shipment Distance. Where manufacturers have distributing points in counts pans of the country, shipment is
expected from the nearest distribution point to destination, and excess freight will be deluded from Invoice when
shipments are made from greater disunce.
Permits. Seller shall procure at sellers sole cost all necessary permits, rerificmex and licenses required by all
applicable laws, mgulatiors, ordinances rand roles of the sham, municipality, ternary or political subdivision where
use work is performed, or acquired by any other duly constituted public arrhoriry having,misi iction over the work
of vendor. Seller further agrees to hold the City of Form Collins harmless from and againt all liability and lens
incurred by them by reason of an asserted or established violation of any such laws, regulations, oNinarga., roles
am requirements.
Authorization. All parties to this record agree that the representatives ans, in fact, hone fide and possess full and
complete authority to bind said punier.
LIMITATION OF TERMS, This Purchase Order expressly limits acceptance or the terms and conditions stated
herein set Earth and any supplememury traditional terms and conditions annexed hereto or incorporated herein by
reference. Any additional or duffica rat terms and conditions proposed by mile, am objected Ira and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to amve on your
promised delivery date as noted. Time is offer essence. Delivery and performance most be effected within the time
surd on the purchase ode, and the documents warned hereto. No rots of the Purchasers including, without
limitation, acceptance of partial late delivmes, shall operate as a waiver of this provision. In the event crony delay,
the Purchaser shall have, in addition to other legal ad equitable remedies, the option of placing this order elsewhere
and holding the Seller liable for darttagu. However, the Seller shall not be liable for damages m a result ordemys
due to causes not reasonably unnameable which are beyond its reasonable control and without its fault of negligence,
such acts of Gd, rots of civil or military authorities, governmental promise, fires, stake; mood, epidemics, wars or
nots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the
time when the Seller ❑on received knowledge therm(. In the event of my such delay, the date of delivery shall be
extended far he peed equal to the time actually lost by mason ofthc delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples matter other descnptioas 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 agora W hold the purchaur hmtnlacs from any loss, damage or asperse which the
Norman may suffer or mean on account of the Sellers breach of warranty. The Seller shall replace, repair ar make
goad, 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 immunity provided by the Seller after the date of
acceptance of the goods furnished hereund (acceptance not m be unreamnbly delayed), resulting ft= imperfect
or defective work done or mmmaB fumishd by the Seller. Acceptance or use of goods by the Purchaer shall nut
mnelime a waiver of any claim makes 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 ever include loss of profits or loss of te, NO IMPLIED WARRAN TY
OR MERCHANTABILITY OR OF FIINI'SS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes b legal is. by writer change order.
5. CHANGES IN COMMERCIAL TERMS.
The Pu eraser may broke any changes to the terns, other than legal toms, including additions to or &]chain from
the quantities resigimBy oNerd is use specifications or drawini , by verbal or worn change maker. If any such
change offices the amount due or the time ofperfomanee hereunto, an equitable ndjutment shall be made.
6. TERMINATIONS.
The Prurience, may at any time by wrihen change trader, terminate this agreement or in any or all p moons of the
goods then not shipped sabjecl to any equitable adjustment between the partin as to any work or materials then in
progress provided that the Purchaser shall not be liable for any claims for nnticipmed profits on the uncompleted
portion of the goods major 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 sunk. No such Formation shall relieve
the Purchaser or the Seller of any of their obligations as In any gmrB delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
A, claim for adjumbnent must be uses within thirty (30) days from the dam the change or Rrntittalion is
entered.
S. COMPLIANCE WITH LAW,
The Seller warrants chat all goods sold hereunder shall have been produced, sold, delivered and f rmishd in stun
compliance with all applicable laws and regulations in which the goods are subject. The Seiler shall execute and
deliver such documents as may be required to effect or evidence compliance. All laws and regulation required Ira be
mem,mrmed in agmVinams of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchmer harmless farm all costs and damages suffered by the Purchaser m a result of the
Sellers failure fro comply with such law.
9. ASSIGNMENT.
Neither parry shall assign, t3MF r, or convey this order, or any monies due or to become due hereunder without the
Prior wn.en commit offer other party.
In TITLE.
The Seller warrens fall, clear and uneabimed title to the Purebaser for all equipment, mamriak, and it. fumuhd
in performance of this agreemenn, free and clam of any and all liens, ormi dion, resonation, saunry interest
encumbrances and claims 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 Pum racer
may cause the work to be perfumed by the most expeditious means available to it, and the Seller shall pay all
costs associated with such work.
The Seller shall release the Purchases and its contractors of any tier from all liability and claims of any nature
resulting from die performance of such work.
This release whit apply even in the event of fault of negligence of the perry alrasd and shall extend to the
diremors, w[fievrs and employees of such parry.
The Settees commercial obligations, including wwourm, shall not be dnmd to be met in any way, Famous
such work is perfomtd or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required in use any design, device, material or pmra. covered by lever, pa mb, under ... L
or copynght. the Seller shall indemnify and save harmless the Purchaser from any and all claims for inMngernent
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 w pay by reason of such
infringement at any time during the prosecution of after the completion of the work. In case said equipment, or
any pan thereof or For tram del use of the goods, is in such suit held to constitute infringement oed fe use of
said equipment or part is enjoined, the Seller did, at its own es,. and at its option, either procure far the
Purchaser fire right to continue using said equipment or now, replace die same with substantially eqwl but
commingling optimum, or mdity it as it becomes mninfr(nging.
I SANSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of credituts, appoint a
or trustee for any of the Sellers progeny or business, this order may forthwith be canceled by the
Puro
hesu without liability,
16. GOVERNING LAW.
The definitions of terms used or the Imetpmation of me agreement and the rights of all parties hereunder shall be
cotrsnued under artd governed by the laws of the Stare ofColomdo, USA.
The following Additional Conditions apply only in case whres the Seller is to peffonn work hereunder.
including the most. ofSVlVs R,.matmive(s), oa the peemises ofoWerz
❑. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Seller's own risk until the mine is fully completed and accepted, and shall,
in se of any accident, dntmclion or injury to the work andtor materials before Seller's final completion and
acceptance, complete the work at Seller's own expense and la the satisfaction of the Pmchuer. When arcumals
and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload,
smrc and handle more at the sine and become responsible therefor as though such materials succor equipment
were being furnished by the Seller under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for she payment of workers comperaotion, including occupational
disease beefs, 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 fo which the work is ro be done. The Seller
shall also carry mmprehenive general liability imut ing, but but limited m, comucard and automobile public
liability insurance with tidily injury and death limits of at least S300,000 fro any one person, 5500,e00 for any
one madent and property damage limit per accident of SG00,000. The Seller shall likewiu require his
contractors, if any, to pervade for such commrsation and ins Def any of the Sellers or his contractors
employees shall do any work upon the premises of others, the Seller shall famish the Puchaser with a certificate
that such comp o—tion and insurance have been provided. Such cefiifema 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 ma rgaire d an after the
entire work is completed and accepted.
19, PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby usumcs die entire responsibility and liability for my and all damage, loss or injury of any kind
or nature whatm ver to Rumors or property caused by or resulting from the execution of the work provided for in
this purchase order m in connection herewith The Seller will indemnify and hold hount. the Purchaser and any
r all of the Fuchmers officers, agents and employees from and against any and all claims, losses, damage
charges or expenses. whether direct or indirect, and whether to persons or property to which the Purelaxr nay
Far put m subject by ream. of any rot action, neglect omission or default on the pan of the SslIV. any of his
contmdors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other
proceedings shall be brought against the Porch err, or its officers, agents or employees at any time on account or
by reason of any out, action, neglect, omission or default of the Seller 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 some at the Sellers own expense, to pay any and all costs, charges, ahomeys fees and other expeame,
any and all judgments that may Ie iacurd by or obtained againl the Perchance 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 thc Purchaser, or said parties in or as a result of smh suits or other proceedings,
die Seller will at once cause the same to be dissolved and dhchaeged by giving bond or otherwise. The Seller and
his contmdors shall take all safety Interactions, fmish and iremll all grads necessary for the prevention of
accidents, comply with all laws and regulations with regal to whey including, bus without limitation, the
Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant theme.
Revised 070014