HomeMy WebLinkAbout102837 FISHER SCIENTIFIC COMPANY LLC - PURCHASE ORDER - 9140470 (2)PO
PURCHASE ORDER 914047er Page
C1171 of PURCHASE
0470 t of z
' `tCollins( This number must appear
�I " on all invoices, packing
sli s and labels.
Date: 12/05/2014
Vendor: 102837
FISHER SCIENTIFIC COMPANY LLC
2000 PARKLANE
PITTSBURGH PA 15275
Ship To: WATER TREATMENT PLANT #2
CITY OF FORT COLLINS
4316 W LAPORTE AVE
FORT COLLINS CO 80521
Delivery Date: 12/05/2014 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
2 Addendum to add funds
per requisition 48795
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 EA
3,000.00
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
and Conditions Page 2 of 2
1. COMMERCIALDEEAILS.
Tax exemptions. By waste the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is
I L NON WAIVER.
98-04502. Federal Excise Tax Exemption Cenincate of Registry 84-6000587 is registered with the Collector of
Failure of the Purchaser to insist upon strict performance of the terms and conditions hadd, failure or delay to
ammal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a),
exercise any rights or remedies pmvided herein or by law, failure to promptly notify the Seller in the event of a
breach, the acceptance of or Jarman for goods hereunder or approval of the design, shall not release the Seller of
Goods Rejected. GOODS REJECTED due 0 failure to meet specifications, either when shipped or doe to defects of
any of the womatia or oNigmions of this purchase order and shall oat be deemed a waiver of any right of the
damage in tornsit, may be returned to you fm credit aM are act to be replaced except upon receipt of women
purchaser to insist upon cornet performance hemofm any of its rights or remarks as to any such goods, regardless
i.tructionts from the City of Fan Collins.
of what shipped, received or admired, as to my prior or subuqueat default hereunder, we shall any imported
and modification or rescission of this purchase order by the Purchaser opmrm as is waiver of any of the from;
Inspection. GOODS are subject to the City ofFort Collis inspection on arrival.
hereof.
Final Acceptance. Receipt of the merchandise, services or equipment in respmse to this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized voted payment on the pan of the City of Fan Collins. However, it is m be understand thmFINAL
Seller and the Purchaser recognie, that in action) around, practice, overcharges resulting from whount
ACCEPTANCE is dependent upon completion of all applicable re,mmil inspection procedures.
violations are in fact borne by the Purchaser. Thddefors forgoodcourt and as consideration for executing this
purchase order, flue Seller hareby assigns to roe Purchaser any and all claims it may now have or hereafter
Freight Tenor. Shipments most be, F ON., City or Fan Collins, 700 Wood St., Fan Collins, CO 80522, unless
acquied under Entered or sate morret laws for such overcharges relating m the p atimlm good or services
otherwise specified on this order. If,carandon is given so prepay freight end charge separately, the original freight
purchased or acquired by the Purchaser around a this purchae order.
bill most accompany invoice. Additional charges for packing will rot be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Divance. V,Nem manufee. have distributing point, in serious parts of the country, shipment .
Ifthe Purchaser direct the Seller to correct nonconforming or def rive goods by a date to be agreed upon by the
expected from be names, dididb guar poim to destitution, and excess Ed& will be dductad from Invoice when
Purchaser and the Seller, and the Sella thereafter indicates its inability or unwillingness to comply, the Purchaser
shipments are made from greater distance.
may cause the work to he performed by the most expeditious means available to it, and the Seller shall pay at I
cost associated with such work.
Permits. Seller shall procure at sellers sale cost all necessary permits, certificates and licenses required by all
applicable laws, regulations, on irards and roles of Ne sate, municipality, territory m political udivision where
The Seller shall release the Puchaser and its contractors of any tia from all liability and claims of any tome
the work is performed, or required by any other duly co.timed public authority having jurisdiction over the work
—.In, from the gap.. sex of such work.
of vector. Seller further agrees a hold the City of Fort Collins hsmlm from end against all liability od loss
incurred by than by reaon of can ressa med err established America army such laws, regula0o w. ordinances, roles
This mlease shall apply nor in the event of Tisch of negligrn<e of the pang released end shall candid m the
and requirei
directors, oBicen and mployees of such perry.
Authorization. All parties to this contract agree that the representatives arc, in fact. bona fide and possess full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the ,emu and conditions wood
herein set forth and any supplementary or additional terms end conditions annexed hereto or ia.,. attd herein by
mods ce. Any additional or different terms and conditions prows ed by seller am objected to and hereby rejested
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately Byou cannot make complete shipment to arrive on your
promised delivery date as noted. Time is of the dood. Delivery and performance most be ci filed within the time
sated on the purchase order and the documents rtenchnt hereto. No acts of the Purdereas including, without
limitation, acceptance of partial late deliveries, shall operate ces a waiver of this provision. In the event army delay,
the Purchaser shall have, in addition to other legal send equitable remedies, the option of placing this order elsewhere
and holding the Seller liable for damages. However, the Seller shall not he liable for damages as a result of delays
due to causes not seasonably foreseeable which arc beyond its reasonable control and without its fault of negligmce,
such act of God, is of divil or military mth rriOes, gndmmen d priorities, fires, strikes, flood, ryidemics, wars or
Him provided Nat ro0m of the coadiir...a, such delay is given W the Purchaser within five (5) days of be
time when the Seller Ben received handed, thereof. In the event of any such delay, the date of delivery shall be
extended for the permit equal to the dame actually lost by reason of the delay.
3. WARRANTY.
The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples and/or other desai,awas given, will be fit far the pmpous intended, and
performed with the highas degree of ere and competence in accordance with accepted standard for work of a
similar nacre. The Seller agrees 10 hold the purchaser harmless from any I.. damage or eepeme which the
Pardoner may surfer or incur on sec. of the Sells breach mf warranty. The Seller shall replace, repair or make
good, without cost to the purchaser, any defect or faults mining within one (1) year or within such longer period of
time as may be pmcribed by law or by the toms of any applicable warranty pmvided by the Sella after the date of
acceptance of the goods famished hereueder (acceptance not to be unreaurebly delayed), resulting from imperfxt
or defective work done or oaeriak fmished by the Seller. Avvx dwgce or use of goods by the Purchaser shall not
corerimte a waiver of any claim under this warranty. Except as otherwise provided in this rumoau order, the Sellers
liability hereunder shall extend to all damages pronimmely used by the breach of any of the foregoing commies
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 terns by wrnen change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the mum, other than legal terms, including additions to or deletions from
the quantities originally ordered in the x saificalio. or drawings, by verbal or wines change order. If any such
change affects the amount due or de time oTerformance hereunder an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, terminate this apartment as to my or all ,anima of the
goods then not shipped, subject to my equitable djasmeat between the ponies as to any work or materials then in
progress provided then the PtucM1aza shall not her liable for any claims for wticipmed profu w are uncompleted
portion of the good and/or work, for mad -al or consequential damages, wit that no such adjustment he made in
favor of the Seller with respect to any good which art the Sellers standard atccL No such termination shall relieve
the Purchaser or the Seller ofi ny ofNeir obligations as to any good delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty (30) days from the date the change or lamination is
ordered.
I. COMPLIANCE WITH LAW.
The Sella warrants; that all goods sold hmunder shall hoax been produced, sold, delivered and famished in strict
compliance with all applicable laws and regulations in which the good ere subject The Sella shall exeate and
deliver such documents as may be required to effect accordant compliance. All laws and regulations required to be
ncorporsed in agreements of this character are hereby mompoemd herein by this reference. The Seller agrees to
indemnify end hold the Purchaser harmless from all costs and damages surterd by the Purchases as a result of the
Seam failure to comply with such law.
9. ASSIGNMENT.
Neither patty shall assign, oarsfa, or convey this cola, or any monies due or a become due M1euwder without the
prim wrineo consm, of the other parry.
10. TITLE.
The Sella wemnu full, clear and mrtsrined title to the Purchaser for dal equipment materials, end items Burnished
in performmm of this agreement free cod clear of any and all lie., rectriclom, onavarime. security interest
encumbrances and claims aromas.
The Sidles contractual obligations, including warranty, shall not be, deduced to her reduced, in any way, because
such work is performed or caused to be, performed by the Porch.er.
14. PATENTS.
Wbmever the Sella is required to rue any design, device, material or process covered by letter, patent trademark
r copyright, the Sella shall indemnify and save harroh s the Purchases from any and all claims far infringrnrcnt
by rtawa of the use of such parented design, device, material m process in connection with the mnuan, ad
shall indemnify Ore Panters o for my cost, expense or damage which it may he obliged to pay by reason mf tech
infi ngeman at say time during the prosecutors or after the completion of the work. In was said a)uipm nit, or
any pan thereof or the intended we of the goads. s in such suit held to contribute infringement and the use of
said equipment or part is enjoined, the Sella shall, at its awn expense and at it option, either procure for the
Purchaser ,he right to continue rising aid equipment or pans, replace the same with substantially equal but
noninfringing equipment, or modify it so it becomes nonin0inging.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assigmnem f the bmeftt of creditors, appoint a
parover of
nustce for any of the Sellers property or business, this order may forthwith the, wnmlnt by the
Pmchaur without liability.
16. GOVERNING LAW.
The definitiota of lama used or the anticommunist ofthe agreement and the rights ofall parties hereunder shall he
construed under end governed by the laws ofthe State afCdori USA.
The following Additional Conditions apply only in cases where the Seller is no perform work berearder,
including the services of Sellers Represenative(s), on the premisesof others.
17. SELLERS RESPONSIBILITY.
The Seller shall may on said work at Series own risk until the were is fully-mplesed and accepted, and shall,
an tau of any accident destruction or injury to the work ad/or macruh, before Sellers Imnl completion and
azcepanm, complete the wmk at Sellers own ceramic and to the satisfaction of the Purchaser. When aenterials
and equipment are famished by others for insallamm or auction by the Seller, the Sella shall receive, unload,
store and handle same a1 the in and became responsible therefor as though such mmmods as&o, equipment
wait being famished by the Seller under the order.
18. INSURANCE.
The Seller shall, err his own expense, provide for the pa mom of,d rkers mmperuation, including occupational
disease bmefts, to its employees employed on or in connection with she work covered by this gradient order.
mNor to their dependents in accordance with the lows of the sate in which the work n to be done. The Seller
shall also wary comprehena ve general liability including, but not limited to, contactual and automobile public
liability insurance wilt bodily injury and death limits of at last $300,000 for any one person, 5500,000 for any
one evident and property damage limit Per accident of $400,000. The Seller shall likewise require his
contractors, if any, to provide for such compensation wit insurance. Before my of the Sellers or his contactor,
employees shall do any work upon the premises of orders, the Sella shall famish the Purchaser with a ceaificam
that such compassion and insurance have bxa provided. Such certifncares shall specify the date what such
compensation and insurance have been pmvided Such mnifimta shall specify the date when such compensation
eel insurance expires. The Sella agrta our such compensation and i romem, shall be maintained.61 after the
-tire work is completed and n vepld.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of my kind
or nature wbmsoever to persons or property caused by or resulting from the execution of the work provided for in
this purchase order or in connection herewith. The Seller will indemnify cod hold harmless the Purchaser and any
r all of the Patches. oficers, ,can cod employees from and a,i.t my and all claims, losses, damages,
charges or expeditious, whether direct or indirect, and whether. persons or property m which the Pardoner may
he put err subject by reason of any act action, megled, omission or defnalt on the pan or the Sella, my of his
conhacara, or any of the Sellers or contractors offfcm, agents or employers. In case my suit or other
proceedings shall be, brought against the, Porchaur, or in mman, agents or employees at my time on account or
by reason of my ad, action, neglmt omission or default of the Sella of my of his mntadore or on, of its or
their oRcm, agents or employees as a(oreuid, the Seller hereby agrees to assume the defense thereof and to
defend the same at the Sellers own expense, to pay my and nll and, charges, attorneys fms ad other expenses,
any and all jdgments that may be incurred by or obtained against the Purchased or my of its or their officers,
agents or employees in such suits or other prxentings, and in case jdgmmt or other lien be placed upon or
obtained against the pm,mm of the Purchaser, or said panics in or as a result of such suits or other proceedings,
the Sella will at once wee the same to he dissolved and discharged by living hod or otherwise. The Sella and
on contactors shall bake all safety, precarious, furnish and imall all hands amessi for the pmxdm of
mcidens, comply with all laws sit regulations with regard a safety, incld'm, but around limiaton, the
Occupational Safety and Health Ad of 1970 and all rules and reguliamrs issued pursumt thereao.
Revised O'/n014