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HomeMy WebLinkAbout103256 HACH COMPANY - PURCHASE ORDER - 9145983City of /`,.F„`o_rt Collins Date: 10/14/2014 Vendor: 103256 HACH COMPANY PO BOX 608 LOVELAND CO 805390608 PURCHASE ORDER PO Number Page 9145983 1of2 This number must appear on all invoices, packing slips and labels. Ship To: POLLUTION CONTROL LAB CITY OF FORT COLLINS 3036 ENVIRONMENTAL DRIVE FORT COLLINS CO 80525 Delivery Date: 10/1412014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended i QUICKCHEM 8500 SYSTEM OTHER EQUIPMENT 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@fogov.com 1 LOT LS 37,298.00 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. COMMERCIAL DETAILS. Tax exemptions. By s atote the City of Fort Collins is exempt from slate and local taxes. Our Exemption Number is 11. NON WAIVER. 98-04502. Formal Excise Tax Exemption Certificate of Registry 84i000587 is registered with the Collector of Failure of the purchaser to insist upon strict performance of the term and conditions hereof, failure or delay to Internal Revenue, Deaver, Colorado (Ref Colorado Revised Statute 1973, Chapter 39-26, 114 (a). exercise any rights or remedies pirvidor Basin or by law, failure to promptly notify the Seller in the event of a breach, me mcepunce of or paymenl for goods researcher or ,.-I .(me design, shall On release Ne Seller of Goads Rejected, GOODS REJECTED due to failure to meet specifications, offer when shipped or due to defects of any of the wmroniim or obligations of this purchase order and shall not be deemed a waiver of my right of the damage in transit, may be rctumor to you fur credit and arc not to be replaced except open receipt of wouen purchaser m insist upon strict performance hereof., any .f its rights of remedies as a any such goods, regardless instructions from the City of Fun 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 m a waiver of any of the terms Inspection. GOODS arc subject to the City of Fort Collin inspection on arrival. heard! Final Acceptance. Receipt of the merclundiae, services or equipment in respond, to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. outhodud payment on the part of the City of Fan Collins. However, it is to be understood that FINAL Seller and the Purchaser mallow that in actual economic practice, overcharges resulting farm mutant ACCEPTANCE is dependent upon completionofall applicable required inspection procedures. violations are in fact home by the Purchase, Theretofore, four good coma, and tes consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Teats. Shipments nest be COA,, City of Fort Collins, 700 Wood St, Pon Collins, CO 80522, unless mambed under federal or state antitrust Iowa for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser Railroad to this purchase oNer. bill most aceom arm invoice Additional charms for margin, will not be recanda Shipment Distance. Where manufacturers have distributing Points in varmas pans of the couutry, shipment is expected from the nmresl distribution Point to destiwtion, and aces freight will be deducted from Invoice when shipments me made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and roles of ore state, municipality, territory or Political subdivision where the work is performed, or repined by any ache, duly mntimred public authority leaving jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collin harmless farm and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules andregairemrnts. Authoriration. All patties to this contract agree that the representatives are, in fact, from Fide and possess full and complete narrowly to bind said prr im. LIMITATION OF TERMS. This Purchase Order expressly limits ecceplmre m the terms and condition amtad herein set tomb and any supplementary or additional terra and mMitiom amexed 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 Ifyou cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must be etTeded within the time stator on the purchase order and the fortiori attached hereto. No acts of the Purchasers including, without limitation, narratan¢ of partial late deliveries, shall operate m, a waiver of this prevision. In the event orally delay, the Purchaser shall have, in addition to other legal and equitable mnories. the option of placing this aide, cluwhere and holding the Seller liable far damages, however, the Seller shall not her liable for damages as a result of delays doe to causes not reasonably foreseeable which are beyond its reawnable central and without its fault of negligence, such ace, of Cod, was ofeivil or military authorities, govemmental priorities, fires, strikes, Band, epidemics, wars Or hots provided that notice or the condition causing such delay is given to the parabola within five (5) days of the time when the Seller f , received knowledge t omesup In the event of or, such delay, the dine of delivery shall be relendor for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will amfomt with applicable drawings, specifications, samples mi other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence N accorance with accepted standards for work of a mailer mtare. The Seller ngrces to hold the purchaser hnmiless farm any lass, damage or expense which the Purchaser may sulitr of are., on account of the Sellers hmach of wammty. The Seller shall replace, tepai, or make good, without cast to the purchaser, any defects or faults miring within one (I) year or within such longer period of time as may be prescribed by law or by the terns of any applicable warranty provided by the Seller after the date of acceptance of the goads famished hermndee (acceptnoce not to be unreasonably delayed), resulting from imperfect or defective work done or materials fumishor by the Seller. Acceptance or use of goods by the Purchaser shall not ncomme a waiver ofany claim under this womanly. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend 1. all damages proximately causN by the breach of any of the foregoing wammtlm or guarantees, but start liability shall in no event include loss ofpirfits or loss of use. NO IMPLIED WARRANTY OR MERCIfAN"PABILITY OR OF FITNESS FOR PURPOSE SHALT. APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchase, may make any charges 1. the tomes, area, dun legal terms, including additi.- to or deldions from the quantities originally ordered in the spicafte tan or drawings, by verbal or written change order. If any such change nffeas the amount due or the time of perfoniname hereunder, an equitable adjustment shall be made. 6. TERMINA'I IONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goals then not shipped, subject to any equitable adjustment between the panim to to my work or mmedals then in progress provided that the Purchaser shall not be liable for my claims for anticipated parties on the uncompleted portion of the goods and/or work, for incidental or comem ential damages, and that no such adjutment be made in favor of the Seller with respect m any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment me, be com al within thirty (30) days from the date the change or moratorium is ordered. I. COMPLIANCE WITH LAN'. The Seller warrants than all goods sold hereunder shall have been praluad, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be requiml to effect or evidence c.mplimce. All laws and regulations required to be incoryommd in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and field the Purchaser harmless from all case, and damages suRetor 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 my monies due or to became due hereunder without the prior women consent i fthe oNer party. 10. TITLE. The Seller warrens full, cle , and unrestricted title 1. the Purchaser for all equipmem, macdals, and it. fumishd in performance of this agreement, free and dear of any and all liens, restriction, reaervmlon. Ocal ty interest encumbrances and claims of o lm s. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Hire Purchaser directs the Seller to amnia nonconforming m defective goads by a dart m be agreed upon by the Purchaser and the Selleq and the Seller thereafter indicates its inability ar unwillingness to comply, the Purchaser, may cause the work to be perfomaed 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 mntraaors of any tier from all liability and claims of any forurc malting firm the performance of such work. This release shall apply even in for event of fault of negligence of the parry released and shall almd m the directors, affect, and employee of such parry. The Sellds contractual obligation, including warranty, shall not be deemed to be reduced, in any way, because such work is performed 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 later, patent, trademark Or cmyriglt, the Seller shall indemnify and save harmless the Purchaser ham any and all claims for infringement by ,man Of thc use of such polnued design, device, material or Process in connmban with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason ofsuch infringement at any time during the prosecution or after the completion of the work. In case said equipment, or my part thereof or file interdict use of the goods, is In such suit held to constitute Infringement coal the eau of said equipmem or part is enjoined, the Seller shall, on is own expense and at its option, either procure for the Pmchania the right to continue Wing said equipment or pans, replace the some with substantially equal but noninfringing equipment, or modify it so it becomes asninfringing. 15. INSOLVENCY. If the Seller shall bcc.me insolvent or bankrupt, make on auignment for the benefit of creditors, nppoim a or trmtee for any of the Sellers pmperry or business, this oNer may fonhwilh be canceled by the Procreator without liability. 16. GOVERNING LAW. The definitions of mars easel or the inte,mod m Of the agreement and the rights of all ponies hereunder shall be ommued under and governed by the laws othhe State of Colomda, USA. The following Additional Conditions apply only in views where the Seller is to perform work remainder, including the services of Scllcn Representainvo sl, on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on all week m Seller's own risk until the same is fully compleed and accepted, and shall, in e of any accident, destruction or injury to the work artful rommals berate Seller's fuel completion and acceptance, complete dire work at Seller's awn experese and to the satisfaction of the purchaser. When mmarals and equipment are hammered by others for installation or erection by the Seller, the Seller shall receive, named, sore and handle same at the site and bmome responible therefor as though such rwteriak andror equipmem were being fumishM by the Seller rawer the order. 18. INSURANCE. The Seller shall, w his awn expense, provide for the payment of workerscompensation, including occupational disease benefits, to its employees employed on or in comedian with the work covered by this purchase order, mdfr to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also terry comprehenive general liability including, but not limited m, comaaml and norms le public liability insurance with bodily injury and death limits of at lest 8300,00o for my one person, $500,00o for my raccident and properly damage limit per accident of S400,600. The Seller shall likewise require his omra,mrs, if any, 1. provide for such compensation and insurance. Before any Of the Sellers or his contmctors employees shall do any work upon the premises of others, the Seller shall fumish the Purchaser with a certificate that such compensation and insurance have been provided. Such cenificatm shall specify me date when such ompenalion and insurance have been provided. Such catifcate shall specify the date when such compensation and immence expires. The Seller agree that such compemation and instance shall be me ucamed until after the anti¢ work is completed and accepted 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and ail damage, lass or injury of any kind or nature whatsoever to person or property caused by or resulting from Be execution of the work provided for in this purchase order car in curriculum herewith. The Seller will indemnify and hold harmless the Purchner and any r all of the Purchasers oHeers, agents and employees from and against my and all claims, lasses, damages. charges or expenses whether direct of annual, and whether to persons or progeny to which the puchaew may be put a, subject by reason of any act, action, neglect, omission car default on the pan of Ne Seller, any of his contmctuc, or any of the Sellers or contractors officers, agents or employees. In case any suit or .met proceedings shall be brought against the Functional, or its officers, agents or employees at my time on account or by mason of any act, ration, neglecl, omission or default of the Seller of my of his contractors or my of its or their officers, age.¢ or employees as aforesaid, the Seller hereby agrees to assume the defense hermf nod to defend the same at the Sellers own exercse, to pay may and all costs, charge, attorneys fees and other expanses, any and all judgmma slut may be incurred by or obtained against the Pmchaur or my of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other liar be placed upon or obtained against he propeny of the Purchaser, or said ponies in or as a result ofsuch suits or other proceedings, the Seller will at once cause the same to he dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions health and immll all pound crucia ry for the prevention of secidats, comply with all laws and regulation with regard to safety including, but without limimtier, the Occupational Safety and Health Act of I970 and all roles anal regulations issued pursuant thereto. Revised OT12014