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HomeMy WebLinkAbout215893 STERIS CORP - PURCHASE ORDER - 9146189Fort Collins Date: 10/23/2014 Vendor: 215893 STERIS CORP 5960 HEISLEY RD MENTOR OH 44060-1834 PURCHASE ORDER PO Number Page 9146189 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: WATER QUALITY LAB CITY OF FORT COLLINS 4316 W LAPORTE FORT COLLINS CO 80521 Delivery Date: 10/22/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price i MAINTENANCE CONTRACTS 1/1/2015-12/31/2016 MAINT CONT 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 1 LOT LS 3,769.15 769.15 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 L COMMERC kL DETAILS. Tax exemptions. By suwm the City of Fort Collins is exempt from stale and local taxes Our Exemption Number is 98-0f502. Federal Excise Tax Exemption CmiOcate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Sututrs 1973. Chapter 39-26.114 Ad. Goods Rejected, GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in ..it, may be re.med to you far credit and are not to be replaced except upon receipt of women instructions farm the City of Fort Collins. Inspection. GOODS are subject. the City of ran Collins inspection on turnol. Final Acceptance. Receipt of the merchandise, servares or egtopumal in response to this order m result in authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is depandenl upon completion of all applicable mluiml inspection procedures. Freight Trans. Shipments most be F.O.B., City of Tom Collins, 700 Wood So, Fan Collins, CO 80522. unless otherwise spaifal on this order. If permission is given to prepay freight and charge separately, the original freight bill must accompany imnice. Addoiowl charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected farm the nearest distribution point to dewimtion, and excess freight will be deducted from Invoice when shipments are made from greater distance. permit Seller shall procure at sellers sole cost all necessary, permits, certificates and licenses required by all applicable Laws, regulations, ordinances and rules 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 fuller agrees to hold Iha Ciry of Fan Collins h mcdcri from and against all liability and lass incurred by them by nation of an sssmed or established violation Orion, such laws, regulations, mdinances. roles and requirements. Authorization. All parties to this contract agree that the representatives arc, in fact, bona fide and possess full and complete authority to bind said ponies. LIMITATION OF TERMS. This Pouch+ • Coder expressly limits acceptance to the hems and cmditiom anted herein set fart and coy supplementary or additional tams and conditions annexed herem or incorporated herein by reference. Any additional or different terms and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on yam promised delivery date as named. Time is of the essence. Delivery and performance most be effected within the time stated on the purchase order and the documens wuchrd here.. No ens of the Purchasers including, witham limimtion, acceptance of partial late deliveries, shall memo,. a waiver critics provision. In the event ofnny 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 shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond is reasonable control all without its fault of negligence, such aces of God. was ofrmil or military authorities, governmental pnontirs, fires, strikes, flood, epidemics, wars or nos provided that notice of the conditions musing such delay is given to tM Purchaser within five (5) days of the time when the Sena first received knowledge thereat. In the event of any such delay, the deer of delivery shall be extended I'ar the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all good, sentries, matey ak and woo covered by this order will conform with applicable drawings, specifications. samples muds r other &wriquiadu given, will be fit for the pumous intended, and performed with the highest degree of care and competence in accordance with accepted sundard 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 warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defers or faults arising within one (1) year or within such longer period of rime ss may to presented by Law or by the frmts ofnny applicable warranty pr idN by the Seller after din date of acceptance of due goods fumished heteuMer (area,m nce not. be time .bly delayed), teaching from merriment or defective work done or matenals famished by the Seller. Acceptance or we of good by the Purchaser shall nor constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend. all damages proximately caused by the breach of any of the foregoing worannes or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal corms by wrinen change order. 5. Cl LANCES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tents, other than legal terms, including addition. or deletions farm the quantities originally ordered in the sovifarion or drawings, by veTal or women change covert. If any such change alfecs the amount due or the time of performance hcreumdeq an ryvitable wittstmmt shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change oNeq terminate this agreement as to coy or all ponien of the good then not shipped subject to any equitable adjustment between the ponies as to any work or materials then in progress provided that the Purchaser shall not he liable for any coitus for witu alied goof on the ancomplered Portion of the good andor woo, fur incidental or cottsryuearlal damages, and that an such adjustment be made in favor of the Seller with respect to tiny goods which art the Sellers standard stack. No such termination shall relieve the Purchaser of the Seller ofany oftheir obligations. to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or mammalian IS ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been prndured, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the good are subject. The Seller shall execute and deliver such dwummts as maybe "W eel to effect or evidence compliance. All laws tad regulations required or ha incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees an indemnify and hold the Purchaser harmless farm all costs and damages suffered by the Purchaser as is result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or cancer this order, we any movies due or. become due homemaker without the prior wrinrn consent of the other party. 10, TITLE. The Seller warrants full, clear and wrrstricted title to the Purchaser for all equipment, materials, and items fumished m Performance of this agreement fire all clew of any and all lows, restrictions. coommions, security interest ancumbnnres mail claims of orders. 11. NONWAIVER. Failure of the Purchaser to insist upon strict peR of the waves and conditions hereof. failure or delay as exemise any rights or memories provided brown or by law, failure to promptly noffy the Sella in me event of a breach the acceptance of or payment for goods hereunder or approval mthe 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 m insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, in to any prior or subsequent default herewder, nor shall any purposed oral modification or rescission of this parehase order by the Purchaser operate as a waiver of any of the terns hereof. 12. ASSIGNMENT OP ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust violation are fir fact home by the Purchase, Theremfoe, for good came and as consideration for executing this purchase order, the Seller hereby wedgss to the Purchaser any odd all claims it may now have or hereaner acquired under filend or save anttnst lax, for such overcharge missing to the particular goods or services purchased or acquired by she Purchaser pursuant. this purchase order. 13. PURCI LASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to correct nonconforming or defective good by a date to be, agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability Or wwillwgness to comply, the Purchaser may muse the work to be peof ed by the most expeditious mexas available to it, and the Seller shall go, up cases associated with such work. The Seller shall rcleasr the Purchaser and its contractors 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 party released mW shall extend to the directors, officers and employees ofsuch pony. Tim Shcera comtrawmil obligations, including warranty, shall not be deemed. be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Wherever the Seller is moulted to use any design, device, material or process covered by Iroer, patent, trademark or copyright. the Seller shall indemnify and save hano s the Purchaser from any and all claims for infringement by reason of the use *I such patented design, device, material or process in connection with the contract. and shall indemnify the Purchaser for any rust, expense or damage which it may be obliged to pay by reason of such infringement at any time during the remuneration or after the completion of the work. In case said equipment, or any pan thermr or the Intended use or the goods, is to such suit held to cos hum infnagement surd the use of said equipment or pan is enjoined, the Seller shall, at its own ex cause and at its option, either procme for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but mama ringing equipment, or modify it sec it becomes nomography. 15. INSOLVENCY. If the Seller shall become insolvent or badaupl, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellm property or business, this order may fortwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The def ainces of rents tined or the imerpmtation of the agreement and for right of all ponies hereunder shall be construed under ward gm'rmed by the 1. affair State ofColcook , USA. The following Additional Conditions apply only in cases where the Seller it; to perform work hereunder, including the services of Sellers Repowmmfive(s), oa the premises of others. It. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed ad arcepted, and shall, in exam of any accident, destruction or injury to the work mdNor mmenals before Sellers furl completion and acceptance, complete the work at Sellers own expense and ro the satisfaction of the Purchaser. When mmenads and equipment are funinhed by others for installation Orvmrfim by the Sella, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being perished by the Seller order the what. 18. INSURANCE. The Seller shall, at his own expense, Provide for the payment of workers compr radian, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or . their dependents in accordance with the laws of the some in which the work is to be done. The Seller shall also carry comprehensive gemnl liability including, but not limited to, conwctual and automobile public liability insurawe with bodily injury and dean limits of or trust s3co.0an for any one peon, $SM." for any one accident and property damage limit per accideln of 5400,000. The Seller shall likewise require his if any, to provide for such compensation and unseen,¢. Before any of the Sellers or his contractors employees shall do any work upon the premim of others, the Seller shall famish the Purchaser with a certificate th:n such compensation and insurance have been provided. Such cenilicates shall specify the date when such compensation and insurance have been provided. Such cenifcmes shall specify the dam when such compensation all insurance earlier. The Seller ngrta that such compwswion and insurame them be, masuramw until v0w the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby ro mmes the entire responsibility and liability for any and all damage, loss or injury of any kind or namfe whasaever to person of property caused by or resulting from the execution of the work provided for tin this purchase order or in connection Immund . The Seller will indemnify and hold harmless the Poschwer all any cr all of the Purchasers offices, agents and employers from and against any and all clas, imlosses, damages harges 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 pan of the Seller, any of his contmdors, or any of the Sellers or contractors Officers, agents or employees. In case any bull or other proceedings shall M 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 Seller of any of his contnrow or any of its or their officers, agents or employees as afrcumd, the Seller hereby agrees to scm or the defense director and to defend the same al the Sellers own expetrse, to pay any and all costs, charges. amomeys fires and other expenses, any and all judgments tbar may be incurred by or obtained against the Purchaser or any of its or their Offli agents or employees in such suits or other proceedings, and. case judgment or other lien be placed upon or churned against the property of the Purchase, or said parries in or as a result of such suits or other proceedings, the Seller will at omrt cause the same to be dissolved and discharged by giving bond or otherwise. The Sella and his mmrechas shall fake all safety peaanders, famish all moult all gust mressary far the preveminn of accidents, comply with all laws and regulations with «gaN to safety including, but without limimtion, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant therein. Revised O7R014