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HomeMy WebLinkAbout215893 STERIS CORP - PURCHASE ORDER - 9146190PO PURCHASE ORDER 914619er Page C117/ of PURCHASE 46190 t or z Flirt CollinsI This number must appear /�,.!"_`�,/`' ` V on all invoices, packing sli s and labels. Date: 10/23/2014 Vendor: 215893 STERIS CORP 5960 HEISLEY RD MENTOR OH 44060-1834 Ship To: POLLUTION CONTROL LAB CITY OF FORT COLLINS 3036 ENVIRONMENTAL DRIVE FORT COLLINS CO 80525 Delivery Date: 10/22/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price I MAINTENANCE CONTRACTS 11/1/2014-10/31/2015 MAINT CON 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 4,312.02 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 statute the City of For Collins is exempt fmm more and local taxes. Our Exemption Number is I I. NON WAI VER. 98-04502. Federal Excise Tax Exemption Container, of Registry 84-6000587 is registered with the Collector of Failure of the Purchavor to insist upon strict performance of the terms and conditions here-[ failure or delay to Imemal Revenue, Denver. Colnmdo (Ref. Colofdo Revised Samtm 1973, Chapter 39-26.114 (a), exercise any rights or mmedics pronded herein or by law, failure to promptly notify the Seller in the event of a breach, the acesptmce nfor payment for guests bartender or approval ofthe design, shall not releaa she Seller of Goads Rejected. GOODS REJECTED due to failure 0 mM sprcifeanons, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be dermed a waiver of any right of the damage in vomit may be resumed to you for crank and art not to be replaced except upon norcipt of written Prochzur to insist upon strict performance hecofor any of its rights or remedies as to any such goods, regardless trommumc, from the Cry of For Collins. crusher shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any Turnaround oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection GOODS arc subject to the City of For Collins inspection on artival, hereof. Final Acceptance. Receipt of the merchandise, servicas or equipment in response to this Oder can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Far Collins. However, it is to be undemood that FINAL Seller and the Purchaser recognize that in actual a n mmie frontier, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable requited Inspection procedures. violations are in fact henna by the producer. Themofcre, for good cause and as consideration for executing this purchase ordeq the Seller hareby assigns to the Purchases any nnd all claims it may now have or humane, Freight Terms. Shipments must be F.O R., City of ran Collins, 700 WOW SL, For Collins, CO 80522, unless acquired under federal or score antitmst laws for such overcharge relating to the paniculm goods or services otherwise specified oa this order. If permission is given to pmpay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase odor. bill must accompany invoice. Adsli'tcnal charges for packing will not be accepted. Shipment Distance. Where an-om encers have distributing points in vanous pain of the country, shipment is expected from the nearest distribution pairs It demotion, and execs Bright will a, deducted from Invoice when shipments are made fmm greater diveram, Permits. Seller shot) procure at sellers sale cost all nmesmry permit, cenifcates and Beaman, rryuirel by all nppl icable Laws, regulators. ordinances and pales of the stale, municipality, ternary or political subdivision where the is is performed, or required by tiny other duly constituted public sathonry having jurisdiction over the work Of vendor. Seller fuller agrees te hold the City of Fort Collins harmless from end agahut all ]..bit try and lass incurred by them by reason of an ressened or camblishd] violation of any such laws, migulahms, ordinances, roles and contumacious. Authorisation. All panics m this contract agree that the reyreaenatives are, in fuel bum Ede and possess full end complete authority to bind said panics. LIMITATION OF IERMS. This Purchase Order expressly limits acceptance to the teats and conditions statN herein set both and any supplementary or additional tents and conditions annexed hereto or incorporated herein by reference. Any additional or dlffnern arms 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 move an your promised delivery date as noted. Time is of the essence. Delivery and performance most be effected within the time sated on the purchase ode, and the documents ..,bad hmem. No acts of the Purchasers including, without houninim, acceptance of partial Tale deliveries, shall operate as a warvar of this provision. In the event of any delay, the Purchaser shall Lave, in addition to Other lien) and equitable remedies, the option ofplacind this aide, 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 assotubly foreseeable which we beyond its reacumble control and without its fault of negligence, such acts of God, acts of civil or anduary continues, govommrnal Minutes, fires, strikes, flood, opidemics, wars or riots provided that nature of the conditions wising such delay is given to the Purchaser within five (5) days of the time when flue Seller frsm received knowledge therms In the event of any such delay, the date of delivery shall he extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this odor will conform with applicable disjoints, sprcifications, samplas anNor other conception given, will be Et for the purposes intended, and pert eel with the highest degree of cart and mmpnencc in mcordame with accepted standards for work of a imilw aware. The Seller antes to held flue purchaser harmless fmm any lass, damage or expense which the Pumhosa may suffer or incur on account it Sellers breach of warenty. The Seller shift replace, -pair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be presumed by law or by the terms of any applicable warranty provided by the Sella after the date of recepance of the goods famished hereunder (acceptance not to be unreasonably'Iclayed), resulting tram imperfect or defective work done or mmmms furnished by the Seller. Acceptance or use of goad by the Purcha om shall not aonsdmte a waiver of any claim under this warranty. Except ex otherwise provided in this pmchsse order, the Sellers liability hereunder shall cannot to all damages pmeimmely caused by the breach of any of the foregoing xwommie, or guarantees, but such liability shall in no event include Iles of prafn or loss of wse. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The PtucWeever may take changes to legal term by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Pwchaser may make any charseas In the terms, other than Icgal term, including additions to or &learn. from the quantides originally around in the speificadom or drawings, by verbal in caner change order. If any such be am change affects tount due or the time ofperfmmh o,ce ecmm dar. equitable ad,.. shall he made. 6. TERMINATIONS. The Purchaser may at my time by wrllten change ortlar,'amionic this agreement as m any or all salions of the good then not shipped, subject o any equitable adjustment between the parties as to any work or matmials'ban in progress provided that the Purchaser shall not he liable for any claims for anticipated profits on the uncompleted potion arm, Read and/or work, for medical or wrsemential damages, md'ha, too such adjustment be made in favor of the Seller with respect b my goods which art the Sellers standard stock. No such mrmimmion shall relieve the Purchase or the Seller ofmy oftheir obligations as to my guest dellvded hemander. y. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Sella wartmts that all goods sold hereunder shall huts been produced, said, delivered and fumimm 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 required to effect in evidence compliance. All laws and regulations quired to be ncomooled in agreements of this character are herby mcogmmted herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages mutfered by the Purchaser as a result of the Sellers failure w comply with such law. 9. ASSIGNMENr. Nether parry shag assign, transfer. or convey this odl or any manes due or w become due hereutWa without the prior wairzm rumens of the other parry. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, mammals, and items famished in performance of this agreement, free and clew of any and all liens, restriction, resersomms, security interest encumbonces and claims ofothers. 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 Purchase and the Seller, and the Seller therea0er indicates its inability or unwillingness to comply, the Purchaser may douse the work to be performed by the most expeditious means available to it, and the Seller shall Pay all costs nssocma d with such work. The Seller shall releme the Purchaser and its comracmrs of any on front all liability and claims of any .[are caching from the performance of such work. This releme shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, officers and employees of such Larry. The Sellers command obligations, including warranty, shall not W deemed to be reduced, in any way, because such work is perfwmnd or caused to be Terrorist by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, matmal or process coveted by tenor, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for management by rtason of due we of such patented design, device, matenal or process in connection with the common, and shall imfeamify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such impingement at any time during the prosttution or after the completion of the work. In case said equipment, or any pan thenu f or the intended use of the goods, is in such suit held to couture infringement and the we of said equipment or pan is enjoined, the Seller shall, in its awn expense and in its option, either procure for 'he Purchaser the ngln to continue using said equipment or Was, replace the same with substantially equal but nattnRinging c .Tres n, or modify it in it becomes noninnnging. 15. INSOLVENCY. If the Seller shall becoma insolvent or bankrupt. make an assigmtanl for the benefit of eeNiums. appoint a mancisir or spasae for any of the Sellers property or bminess, this order may foMwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitiom of temp used or the interpretation of the agreement and the rights of all parries hereunder shall be ...tread under and governed by the laws afthe Stem of Colorado, USA, The following Additional Conditions apply only in cases where the Seller is to perform work bereunder, irtdin ing the sericem of Sellers Represenmove(s), on the prcmkaes of otters. It. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is rally computed and accepted and shall, in case of any accident, destruction or injury to the work mNor materials before Sellers foal completion and acceptance, complete flu work at Sellers own expense and to the satisfaction of the Purchaser. When materinls and equipment are fumuhm by tubers for installation or aacrii n by the Sit the Seller shall trcelve, unhand, swat and handle same at the site and become mapomible therefor m though such materials andor equipment seem being f fished by the Seller under the odor. 18. INSURANCE. The Seller shall, at his awn expense, provide for the payment of workers compensation, including accumulated disease benefits, to its employees employed on or in connection with the work covered by this purchase order, anNor to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general laundry including but not limited to, contractual and automobile public liability insurance with bodily injury road death limits of at least 5300,00o for any one parson, 5500,000 for any accident and property damage limit per eaident of S4N.". The Sella shall likewise quire his contmcors, if any, to provide for such mmpewtion and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall Portion the Purchaser with a certificate that such compensation and insurance have been provided. Such mitificates shall mealy the dre when such compensation and resource 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 maintained until after the entire work is completed and mcopted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby resources the entire responsibility and liability for any and all damage, lass or injury ofmy kind or nature whamoaer to persons or property caused by or resulting firm the execution of the work provided for in this purdmse .,do, o, in comraion herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Purchasers officers, agents and employees fmm and agaimt any and all claims, losses, dmmges, charges or ex, a ews, whether duct or insured, and whether to permit or property w which the Purchmar may be pm or subject by reason of my act action, neglect, omission or default on the par of the Seller, my of his contractors, or my of the Sellers or contradm6 of Tess, me= or employees. In case any suit or other proceedings shall be bought claimed the Penobscot, or in officers, agents or employees at any 'into on mcoun' an by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or 'heir officers, agents or employees ne aforesaid, the Seller hereby agrees to assume the defense therm( and to defend the same at the Sellers own expense, to pay any and all costs, charges, anomeys fees and other expenses, any and all judgmmts that may be inverted by or obtained agaimt the Pumhaser 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 o obaimd against the papery of the Purchase, insaid parties in or as a Orson ofsuch suits or other prosma ingsr the Seller will in once cause Ne come to be dismlved and discharged by giving bond or otherwise. The Seller and his mn'mnors shall take all sandy precautions, f ish and install col guard necessary, for the prevention of accidents, comply with all laws and regulations with regard to safety including, bur without limitation, thc Occupational Safety and Health Act of 1970 and all pales and regulations issued pursuant therm. Raviscd 07/2014