HomeMy WebLinkAbout103256 HACH COMPANY - PURCHASE ORDER - 9147041Fort Collins
Date: 12/01/2014
Vendor: 103256
HACH COMPANY
PO BOX 608
LOVELAND CO 805390608
PURCHASE ORDER
PO Number Page
9147041 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: CITY OF FORT COLLINS
P O BOX 580
FORT COLLINS CO 80522
Delivery Date: 12/01/2014 Buyer: PAT JOHNSON
Note
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 1 LOT LS 20,572.00
Phosphax system gt#10004712lv2
Per quote emailed 11/19/14 # 100047121v2
contact on the req is Link Mueller, 222-0465
ouote entailed to buver. 11/26/14 by mrw.
P14
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
Total $20.572.00
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 exemption. By statute the City of Fog Collins is exempt from sate all local taxes. Our Exemption Number is
11. NONWAIVER.
98-M502. Federal Excise Tax Exempuoo Cenificam of Registry 84-6000587 is registered with she Collector of
Failure argue Purchaser m insist upon strict parliament argue, terms and conditioas hereof, failure or delay to
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Starutes 1973, Chapter 39-26, 114 (a).
exercise my rights or remedies Provided heem or by law, failure m prmnptly w rify the Seller m the event of a
breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not ml. Bte Seller of
Goods Rejected. GOODS REJECTED due W failure to men spaificalio., either when shipped he due to defects of
my of the wartantia a obligations of this purchase order and shall rat be deemed a waiver of my right of the
damage in trmsif tray be resumed to you for credit and arc not to be replaced except upon receipt of wrirten
purchaser to insist upon mict performance habofor my ofia rights or examines as to my such good, regardless
instructions from the City of Fog Cut[..
of when shi Freak received or accepted, as b any prior or subsequent default begambe, Our ahall my purported
ore[ modification or rescission of Nis purchase order by the Purchaser operate ss a waiver of my of the terms
Inspection. GOODS art subject to the City of Fog Collins inspection on arrival,
hereof.
Final Acceptance. Receipt of the merchandise, services a quipment in rcspome to this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
aushoriced paymenl oa the pan of the City of Fog Collins. However, d is to be understood thatFINAL
Seller said the Purchaser recognixe that in actual awnwithe practice, o ercharges resulting from .taunts,
ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures,
violations are in fact home by the Purchasa. Theretofore far good cause and . consideration for executing this
purchase order, the Seller hereby assigns to the Purchaser my and all claims it may now have or hereafter
Freight Terms. Shipments most b, F.O.B., City of Fort Collins, 700 Wood St., Fog Collins, CO 80522. unless
acquired under federal or stale antitrust laws for such overcharges redwing to the pmiw[ar good or services
otherwise speci fed on this order. If permission is given to prepay freight and charge s,ma ely, the original freight
purchased or acquired by the Purchaser pursuant to this purchase order.
bit] arms accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. Where manufacturers have distributing points in smicam pans of the country, shipment is
expected from the nearest distribution Point to damnation, and excess freight will be deducted from Invoice when
shipments are made from greater distance.
Permits. Seller shall praure at callers sole cast all necessary permits, certificates and licenses regained by all
applicable laws, regulations, ordinances and miles of thc state, municipality, territory or political subdivision where
the work is performed, or required by any other duly cotistimed public authority havingjurisdictio s ova the work
of vandar. Sella fuller tappets to hold the City of Fog Collins harmless from all against all liability and loss
imumd by them by reason of ew asserted or established violation army such laws, rtgulatiotms, chairman, miles
and me,gramena.
Ambs rifirin n. All parties .,his cantrmt agree that the represrnmivia arc, in fact, hum fide and possess fall sad
complete tradmriry to bind mid Forties.
LIMITATION OF TERMS. This Puahasc Order expressly limits acceptance to the arms and conditions stated
herein and forth and any supplementary or additional a mts and conditions annexed hereto or incarcerated herein by
reference. Any additional ar different tarns and conditions proposed by seller ere objected to and hereby rejeaed.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifynu cannot make complete shipment to arrive on your
promised delivery date.. noted. Time is of the essence. Delivery and performance must be effected within the time
stated on the purchase order and the documents attached hereto. No acts of the Purch.ers including, within.
limitation, acceptance arrant.] late deliveries, shall operate . a waiver of this provision. In the event many delay,
the Purchaser shall have in addition to other legal and quinude remedies, the option of placing this order elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable for damages. a result of delays
due to causes not reasonably farweeable which are beyond its reasonable commit and without its fault of negligence,
such acts of God, acts ofcivd or military authorities, govemmenal priorities, fires, strikes, Bond, epidemics, wars or
riots provided that notice of the condiderms causing such delay is given to the Purchaser within five (5) days of the
time when the Seller first received ktwwledge thermr, In the event of any such delay, the dam of delivery shall be
extended for the pemod quad,. the time actually lost by reason of0h, delay.
3. WARRANTY.
The Seller overrints that dl goods, ar,icl.. ma mich all wouk covered by this arch will Conform with applicable
drawings, specifications. samples mdror other daurip wars given, will be fit for the Imposes wleoded, and
performed with the highest degree of care and competcvice in eccordance with accepted standard far work of a
similar nature. The Sella agrees to hold the purchaser handless from my loss, damage cr expense which the
purchaser may suffer or gnaw on account of the Sellem branch of warranty. The Sella shall replace, repair or rake
good, without cost to the purchaser, my defects or faults arising within one (1) year or within such larger period of
time ss may be prescribed by law or by the terms of my applicable warranty provided by the Seller after the date of
acceptance of the good famished hereunder (acceptance not to be umcaurnably delayed), resulting Imm impeached
or defective work done or materials famished by the Sella Acceptance or use of grad by the Purchaser shall not
onestime a waiver of any claim under this warrmry. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach artery of the foregoing warranties
or guarantees, but such liability shall in no Oral 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 W legal arms by wrivat ang, order.
5. CHANGES IN COMMERCIAL TERMS.
The Puah.er nay make any changes to the terms, other gain legal terms, including additions to or deletions from
the quantities originally ordered in the specification or drawings, by verbal or widen change order. If any such
change ean th effects the amount doe e time of performance banisher. an quiable adjustment shall bar made.
(.TERMINATIONS.
The purchase, tray m any time by wrinen change We, grertima this agreement as W my of all portionsof gue
good than not shipped subject to my Vuiahle whasoment betwen the panics as to my work or materials than in
progrcs> provided dal the Purchaser shall ern be liable for my claims far anticipated profits on the Orcompleted
portion of the gad sago, work, for maiderrtal Or consequential damages, and that no such adjuamrnt be made in
favor of the Seller with moral to my goods which are the Sellers standard stock. No man letrnim[ion shill relieve
the Purchases or the Seller of any ofNeir obligations as to any good delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be asserted within thirty (30) days !ram the dam the change tar temritarim is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all good sold hereunder shall haw been produced, sold, delivered and f wished in wind
compliance with all applicable laws and regulations to which the good we subjat. The Seller shall execute and
deliver such documents. may be required to effect or evidence compliance. All laws and regulatiorms required W be
incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither parry shall .sign, margin, of convey this order, or my monies due or to become due hereunder without the
prior wriden comer, of the wre, panty.
10. TITLE.
The Sella warrants full, clew and u tr.tfiaed vile W the Purchaser, for all quiproom, matcaials, and it. burnished
is perfmmame of this agrarian, Gee and clau of my and all lie., rasnini ow. rescsvatio., memory interest
marnbronces rats claims of others.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to counsel nonconforming or defective good by a dale to be agreed upon by the
purchaser and the Seller, and the Seller thereafter indicates its imbiliry a unwillingness to comply, the purchaser
may cause the work to be Performed by dee most expeditions means available to it, and the Seller shall pay all
costs associated with such work.
The Sit shall release the Purchaser end its ...a. ofmy tier from all liability and claims of my rmure
resulting form the performance ofsuch work.
This re ante shall apply even in the event of fault of negligence of the Tandy released and shall extend W the
directors, officers and employees ofmch pray.
The Sellers contractual obligations, itudmimg wamm0. shall not be deemed to be reduced, in my way, because
such work is pert ed w caused W be perfoumad "a Purchaser.
14. PATENTS.
Whenever the Seller is required to use my design, device, material or process covered by lever, patent, trademark
r copyright, the Seller shall indemnify and save harmless the Purchaser tram any and all claims for infringement
by reawn 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 to pay by reason of such
infringement at any, time during the prosecution or after the completion of the work. In case said quipment, or
any pan thereof or the intended use of the good, is in such suit held to conslimte infringement and the use of
said quipment or part is enjoined, the Seller shall, at its own expense and at its option, either prmure for the
Purchaser the right to continue using said quipment or pans, replace the same with substantially quad but
noninfringing equipment, a modify a so it becomes noninfn'nging.
15. INSOLVENCY.
If the Sella shall become insolvent or bardompf make an axigtunenl for the beret of credim a. appoint a
receiver or mmay
main for my of the Sellers propy or business, this order y forthwith bee ance canceled by the
Pumhncer without liability.
16. GOVERNING LAW.
The definitions of have, used or the interpretation ofdm agreement arM the rights *fall parries hereunder shall be,
..wed Order aad governed by due Isms argue Some of Colorado. USA.
The following Additional Cara ilia. apply only in causes where the Seller is to finfifirst work beremder,
including the services of Sellers Repmsentative s), on the premises of others.
17, SELLERS RESPONSIBILITY.
The Seller shall tarty on said work at Seller's own risk until the same is fully completed and accepted, and shall,
in u of any accident, destruction or injury to the work and/or .aerials ben Settees final completion and
acceptance, complete the work at Sellers own mpoes, and W the satisfaction of the Purchaser. What materials
and quipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload,
stare and handle same at the site and become responsible therefor . though such materials mirror equipment
were being famished by the Sell,, under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payinal of workers compensation, including occupational
disease benefits, to its employees employed on or in connection with the work covered by this purchase order,
argue to their dependents in accordance with the laws of the sale in which the work is to be done. The Sella
shall also carry comprehensive general liability including, bur not limiled lo, commercial and automobile public
liability inmrence with bodily injury and death Iimim of at least $300,000 for my one Form, 5500,000 for any
accident and proem, damage limit pew accident of MWM. The Seller shall likewise require his
examinations, if my, to provide for such compensation am insurance Before my arrive Sella an his contractors
employees shall do any work upon the premises of others, the Sellecstall boarish the Purchaser with a catific.e
that such wmpmeation all insurance have been provided. Such cefi fientes shall specify the date when such
compereatfon and itss.ance have ban provided Such certificates shall specify the data when such compensation
add uncommon expires. The, Sella agrees then such compemadov and inginewce shall be maintained until after the
entire work is complaed and aaceptW.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella hereby ..a, the entire tesumn ibiliry and liability for any and dl dunnage, loss w injury of tiny kind
r nature whatsoever to persons or property comets by or resulting form the amevtion ofthe work provi&d for in
this purchase order or in connection herewith. The Seller will indemnify and hold howeress the Purch.a and my
r all of the Purch.ers officers, agents and employees from and against any and all claims, loses, damages,
charges or expenses, whether direct or indirect, and whether to persons or property to which the Purch.er may
be pat or subject by reason of any act, action, neglect, omission or default on the pan of the Sella, any of his
contractors, or any of the Sellers or contactors officers, agents or employees. In case any suit or other
proceedings shall be brought against he Purchaer, or its officers, agents or employees at my time on account or
by mason of any net, action, neglect, omission or dafmlt of the Seller of any of his contractors or my of its or
their officers, agents or employees as aforesuid, the Seller hereby agrees to marine the defense thereof and W
defend the same at the Sellers own expense, W pay my and all cam, charges, attorneys has and other expenses,
my and all judgments deal may be incurred by or obtained against the Purchaser or any of its or their oRcea,
agents or employees in such suits or other praccedings, and in case judgment or other lien be placed upon or
obtained against the property of the Purchaser, or said parties in or. a r.uh of such suits or other proceedings,
the Seller will at orue cause the mime to be dissolved and discharged by giving bond or otbewiu. The Seller and
his contractors shall take all safety praautio., furnish and irmsall all guard naesvry for the Formation of
accidents, comply with all laws all regulations with regard W safety including, but without limiauon, the
Occupational Safety and Health Act of 1970 and all roles and regu[auotrus issued pursuant themto.
Revised 07a(H4