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HomeMy WebLinkAbout108520 ENDRESS+HAUSER INC - PURCHASE ORDER - 9146352Fort Collins PURCHASE ORDER Date: 10/30/2014 Vendor: 108520 ENDRESS+HAUSERINC C/O BEABOUT CO 5921 S MIDDLEFIELD RD STE 203 LITTLETON CO 80123-2877 PO Number Page 9146352 1of3 This number must appear on all invoices, packing sli s and labels. Ship To: WATER TREATMENT PLANT #2 CITY OF FORT COLLINS 4316 W LAPORTE AVE FORT COLLINS CO 80521 Delivery Date: 10/29/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price Promag 53H, DV04 5/32" 1 LOT LS 4,213.73 Electromagnetic Flowmeter Standardization. PLJ 10/29/14 2 Promag 531-108, DN08 5/16" 1 LOT LS 5,702.60 Electromagnetic Flowmeter 3 Promag 53H02, DN02 1/12" 1 LOT LS 3,776.12 Electromagnetic Flowmeter Per Quote Number 00006493 4 Estimated Freight 1 LOT LS 200.00 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 Fort Collins PURCHASE ORDER PO Number Page 9146352 2of3 This number must appear on all invoices, packing sli s and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 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 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 3 of 3 1. COMMERCIALDEfA1LS. Tax exingromrrs. By statute the City of Fort Collins u exempt from state and load taxes. Our Exemption Number is 98 Cal Fedml Excise Tax Exemption Certificate of Registry M-60MS87 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Shrwtu 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure w meet ,or fcaiom, either, when shipped err due m defects of damage in transit, may be resumed to you for credit and are not to be replaced except upon receipt of written instructions from the City of end Collins. Inspection. GOODS are subject to the City afford Collins inspection on arrival. Fital Acceptance. Receipt of the merchandise, services or equipment in response in this order can result in amhorized payment oa the pan of the City of Fon Collins. However, a . m b, understood that FINAL ACCEPTANCE is dependent upon completion of all applicable requited inspection overruns. Freight Terms. Shipments most be F.O.B., City of Fan Collins, 700 Wood St., Fort Collins, CO 80522, unless otherwise specified on this order. If pmnission is given to prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted front Invoice when shipments are made from Bremer distance. Permits. Seller shall procure at sellers We cos, all necessary permits, carriers, and he,. acquired by all applicable laws, regulations, ordian ess and rules of the suite, municipality, territory or political subdivision where the work is paloreaed, or required by any other duly constimmd public authority having jurisdiction over the work of vendor Sella further agrees to hold the City of Tom Collins harmless from and against all liability and loss inured by she. by reason of an asserted or established vadding of any such laws, regulations, ordinances, tales and requirement.. Amlimizmion. All ponies to this antract agree that the ®pre entulives ore, in fact, bona fide and povus fall and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance a the lanes and conditions staled herein set fined and my supplementary or additional terms and conditions annexed hereto or incorporated herein by reference Any additional or different terms and conditions proposed by seller arc objected to and hereby neanal. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your practised delivery date as fund. Time is of the essence. Delivery and perfommce most b, effected within the time staled on the purchase order and the documents attached hereto. No awn of the Purchasers including, without limitation, acceptance m partial Irate deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option afflicting this order elsewhere and holding the Seller liable far damages. However, the Seller shall not be liable for do.,. as a result of delays due to causes not rmsonably foreseeable which are beyond its reasonable conwl and without its fault of negligence, such acts of God, acts ofeivil or miliury auNardes, mccumnenlal p urilies, fires, strikes, flood, epidemics, wars a riots provided that notice of the conditions nosing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the dam of delivery shall be extended for the period equal an the time acmally last by maven ofthe delay. 3. WARRANTY. The Sella warrants that all goods, articles, rratenals and work covered by this order will conform with applicable drawings, specifications, somples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of cart and competence in accordance with accepted standards for work of a miler nature. The Seller agrees to hold the Purchaser hamdess from any loss, damage or expense which the Purchaser may suffer or incut on account of the Sellers breach of warranty. The Seller shall replace, repair or make Saudi, without cost to the purchaser, any defects or Netts 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 warranty provided by the Seller after the data of acceptance ofthe goods fumishal hereunder (acceptance not to he unreasonably delayed), resulting firm imperfect or detective work done or materials famished by the Sella. Acceptance or use of goods by de Purchaser shall not consaitate a waiver of my claim under this warmoly. Except as otherwise provided M this purchase order, the Sellers liability hereunder shall extend R, all damages p.xinnowly caused by the branch of my of the foregoing wamntow or guarantees, but such liability shall in no event include lass of profs 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 terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes m the terms, other than legal lemrs, including additiors in or deletions from the quantities originally ordered in the specifications or drawings, by cabal or written change order. If any such change areas the amount due .,,he lime intransigence hereunder, as equitable adjustment shall b, made. 6. TERMINATIONS. The Pardoner may at any time by wnum charge ordeq mnniam this agreement as tp any or all portions of the goods then not shipped, subject to any equitable adjaamena between the Parties or to any work or materials then in progress provided that the Pumhaser shall nor he liable for any claims for anticipaed proles on the uncompleted portion of the goods it/., work, for incidental or consequential damages, and that no such adjustment be made in four of the Sella with respect to any goads which are the Sellers standard stock_ No such termination shall relieve the Purchaser or the Seller ofany of their obligations as to any goods delivered hereunder. 9. CLAIMS FOR ADJUSTMEN 1. Any claim for adjustment muss be averted within thirty (30) days from the date the change or lamination is ordered. 8. COMPLIANCE WITH LAW. The Sella warrants that all goods sold hereunder shall Save been produced sold delivered end humiliated in stcid compliance with all applicable laws and regulama ao which the goats are subject. The Seller shill excrete and deliver such documents as may be required to eR I or evidence Compliance. All lows and regulations required to be incorporation] in agreements of this character me hereby incorporated herein by this reference. The Seller agrees ao indemnify and hold he Purchaser hemless from all cos. and damages suffered by the Pumhaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pony shall assign, number, or convey this order, or any monies due or to become due hereunder without no prior wrinen consent ofthe other party. 10. TITLE. The Seller wamml PoII, clear and unratncted fill, to the Parabola far all equips m, anarenals, and it. furnished in performance of this agreement f and clear of any and all liens, restrictions, reservations, smuiry interest mcumbtances and claims ofadams. II. NONWAIVER. Failure writhe Purchaser to insist upon strict performance of the menu and conditions hereof, failure or delay m exercise any .,his at remedies provided herein or by law, failure to promptly notify the Sella in the event of a breach, the acceptance ofor payment for gooda hereunder or approval ofthe 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 purchaseno insist upon strict performance farad or any of its rights or remedies ns to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purponN oral modification Or rescission of this purchase order by the Purchaser operate ss a waiver of any of the tetra factor, 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Perelman recognize that in actual economic practice, o erchargas resulting from antioand violations ore in fan home by the Pumhsser. Themolosm, for good cause and as consideration for executing this purchase order, the Seller hereby assign to the Purchaser any and all claims it nay now have or hereafter acquired under fcfral or state antitrust laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. FORCE IAS17RS PERFORMANCE OF SELLERS OBLIGATIONS. tribe Purchaser diras the Seller a correct nonconforming or defective goods by a dam to be agreed upon by the Purchaser and the Sella, and the Seller thereafter indicates its inability or unwillingness to comply, the Pumhum, may muse the work to bar performed by the most expeditions means available to il, and the Seller shall pay all cols associated with such work. The Seller shall mime the Purchaser and its contractors of any fier from all liability and claims of my couture, resulting from the performance of such wend. This release shall apply even in the event of fault of negligence of the puny mimed and shall extend to the direcm s. fi icers and employees ofsuch party. The Seller's contractual obligations, including wantonly, shall not be deemed to be reduced, in any way, because such work is permitted or caused to be Performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or prottss covered by Imen patent trademark or copyright, the Seller shall indemnify and Save harmless the Purrhuer from any and all claims for management by mason of the use of such pmemed design, dn'if , minimal or process in mMedion with the contract, end shall indemnify the Purchaser fro any cost expense or damage which it may be obliged re Pay by reason ofsuch infringement many time during the prosecution or afla the completion of the work. In case said equipment, or any pan thereof or the intended vas 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 Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but camouflaging equipment, or modify it so it becomes naninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt make an assignment for the benefit of creditors, appoint a oceanic or trurtce for any of the Sellers progeny or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAw. The definitions oriental used or the interpretation of the agreement and the rights of all fames hereunder shall be command under and governed by the laws of the Stale ofColmrxi USA. The following Additional Conditions apply only in where the Seller is to perform work hereunder, including the services of Sellers Represmwtiveod, on thecases premises ofothers. IT. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the some is fully completed and accepted, and shall, in u of any accident destruction or injury to the work andsor materials before Stiles final completion and cceptanm, complete the work at Sellers own axpeme it R, the Satisfaction of the Parchment, When materials and equipment ere famished by others fro installation or exaction by the Seller, the Sella shall receive, unload, sore and hartdlc more at the site told become responsible therefor as though such materials a dior equipment were being famished by rate Sella under the order. I S. INSURANCE. The Seller shall, at his awn expense, provide for the payment of workers compensation, including occupational disease bmcOts, to is employees employed on or in conflation with the work covered by this purchase order, andkir to their dependents in accordance with the laws of the sure in which the work is in be done. The Seller shall also carry comprehensive Sam.] liability including, but not limited m, contractual end automobile public liability insurance with Wily injury and death limits of at least S300,0(10 for any one person, $500,000 for any are accident and property damage limit per accident of SM1W,000. The Seller shall likewise require his .at.,.., if any, ro provide for such mmpcaation and insurance. Before any of the Sellers or his conbacmrs employees shall do any work upw the premises of others, the Seller shall furnish the Parchrewr with a certificate that such compensation suit insurance have been provided Such cartiftmles shall specify the date when such compensation and insurance have been provided. Such mnificata shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until aver the entire work is completed and accepted. 19. PROT CC'ION AGAINST ACCmEN fS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, lass or injury ofany kind nature whosoever la persons in pmpeny caused by or resulting from the execution of the work recorded for in this purchase order or in cormedion herewith. The Seller will indemnify and hold harmless the Purchases end any r all of the Purchasers officers, agents and employees from and against any and all claims, louses, damages, charges or expenses, whether turner or indirect, and whether to persons or pmpeny to which the Purchaser may be put or subject by reason of any act, action, negla , omission or default on then pan of rate Sella, any of his contractors, or any of the Sellers or anchorman officers, agents or employees. In cass, any suit or other proceedings shall be brought against the Purchaser, at its oRcen, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Sella of any of has contractors or any of its or their officers, cm, agents or employees as aforesaid. the Seller hereby agrees ro ..me Ne defnc a thinner and to delend fire same at the Sellers own expense, to pay any and all mss, charges, atmmrys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser 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 ofdm Purchaser, or said parties in or as a result of such suits or other proceedings, the Seller will at once cause the same in Ie dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, furnish and inslnll all guards na osary for the prevention of accidens, comply with all laws and regulations with regard to safety including, but without limitation, the Oecupatioal Safety and Hmlth Act of 1970 and all rules and regulation issued Pon., theme. Revised 07l2014