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HomeMy WebLinkAbout103256 HACH COMPANY - PURCHASE ORDER - 9147212Fort Collins Date: 12/08/2014 Vendor: 103256 HACH COMPANY PO BOX 608 LOVELAND CO 805390608 PURCHASE ORDER PO Number Page 9147212 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: DRAKE WATER RECLAMATION CITY OF FORT COLLINS 3036 ENVIRONMENTAL DRIVE FORT COLLINS CO 80525 Delivery Date: 12/08/2014 Buver: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 1 LOT LS maintenance contract renewal Quote sent to buyer via email 12/3/2014 by mrw contact on the reg is Link Mueller - 222-0465 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 5,223.00 Total 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 I. COMMERCIAL DETAILS. Tax exemptions. By sea um the City of Fors Collins is exempt from state and local taxes. Our Exemption Number is q L(M502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 ex rtgistcrN with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Stahtes 1973, Chapter, 39-26, 114 (a). Goods Rejected GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit, may be resumed to you for credit and we not to h replaced except upon receipt of wrinm instructions fares the City of Fors Collins Inspection. GOODS we subject to the City effort Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, service or equipment in response to this order can ,eault in authorized payment an the pan of the City of Fiat Collins. However, it is to heunderstood thatFINAL ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. Freight Terms. Shipments must be F.O.B.. Co, of Fon Collins, 700 Wood Se, Fort Collins, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges for packing will rat be accepted. Shipment Distance. Where manufacturers have dearrading points in vmious ryas of the muotry, shipment is expected from the nartst distribution an.. deduction, air f excess freight will be deduned from Im'oia when shipments arc made from greater distance. I I. NONWAWER. Failure of the poexhaser to heist upon wont twifarmance of the tame and conditions hereof, failure or delay a exercise My rights or activities pr ided herein or by law, failure to promptly notify the Seller in the event of a breach, the aarmaticse of or payment for goods hereunder or approval m be deign, shall not release the Seller of any of she o i mist up or obligations of this purchase order and shall not be deemed a waiver of any right of the of shipped, insist upon stria accepted, to Anyhemorm any of its rights or amountsasto my such good, agstdleaa of when shipped, received or accepted, re, to any prior , subsequent Purchases default W hereunder, w nor shall any pa It. oral modification or remissions of this purchase order by the Purchaser opeaw m a waiver of any of the reruns hereof 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust victor. are is fuel Were by the Puahmer. Threrof , far goad came and as consideration for exemfc, Nis purchase order, the Seller hereby assigns to flue Purchaser any and all claims it may now have or hereafter acquired under federal or state against laws for such overcharge relating to the particular good or service purchased or acquired by the Purchaser pursaant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. )fide Purchaser directs the Seller to corm, nonconforming or defective goad by a date to he agreed upon by the Purchaser and the Seller, and the Seller dreceeRer indicates its stability or unwillingness to romply, the Purchaser may cause the work to be performed by the must expeditious means mailable to a. and the Seller shall pay all costs associated with such work. Permits. Seller Shall procure at sellers sole cast all necessary pemties, certificates and licenses required by all applicable laws, is liaofm, ordinances and roles of the suite, municipality, tamer, or political subdivision where the work is performed, or required by any other duly combated public authority having jurisdiction over the work of vendor. Seller further agrees to hold she City of Fog Collins hmrnlica from and against all liability aud loss incurred by them by reason of our asserted or established violation of any such laws, regulations, ordinances, rules and regdrmmn,. Authorization. All pander to this contract agree that the rtpresenutives art, in fact, boa file and possess full and complete authority to bind said parties. LIMITATION OF TERMS, This Purchase Order expressly limits aceilTana to $e terms anal conditions stated herein set bosh said any supplementary or additional tears and conditions annexed heck, or incorporated herein by reference. Any additional or dill wars and conditions proposed by sell,, are isoeeled In and hereby rejected 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT inwediwely ifyou mnnot make complete shipment to arrive on yam promised delivery date as noted_ Time is of the essence. Delivery and perfmmnrme most h elfeded within the time stated on the Purchase order and the documents attached hereto. No acts of the Purchasers including, without limiaton, acceptance of curial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to .,he, legal and equitable remedies, the u,now of placing this aide, elsewhere and holding the Seller liable for damages. However, the Seller shall Out be liable for damages as a result of delays due ro causes not aas,ably foreseable which are beyond its reasonable control and without its fault ofocgligence, such acts of God, acts ofcivil or military auNoma es, governmental priorities, fires, strikes. Dodd, epidemars ics, wm riots provided that notice of the conditions causing 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 date of delivery shall be extended for the period ,gal to the time woolly lost by reason of the delay. 3. WARRANTY. The Seller warren, Nat all goods, micles, materials and work covered by this order will conform with applicable drawings, specifications, samples anchor other description, given, will be fit for the purposes intended, and perforated with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any lass, damage or expense which the purchaser may suDtr or incur on account of the Sellers branch of warmary. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or feel, wising within one (1) year or within such longer pedal of rime out may be noncritical by law or by the terms of any applicable waranty provided by the Seller after the date of acceptance of the goods marshal hereunder (acceptance aim to h unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance, me of goods by the Purchaser shall not consulate a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability remember shall extend to all damages pmxinedely consist by due breach of any of the foregoing warranties air guaram., but such liability shall in eta event include loss ofprofirs or loss of uw. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANCES IN LEGAL TERMS. The Purchases may make change to legal terms by written drag, order A CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes 1. the tears, other than legal mmm. including additions m or delctions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects it,, amount due or the tint, of performance hereunder, an equitable adjustment shall be trade. 6. TERMINATIONS. The Purchase, may at any new by wrinm change order, termiate this optimum, as 1. any or all 'at.. of the goods then not shipped, subject to any equitable adjustment be,vem the lama ns to any week or materials then in progress provided that the Purchaser shall not be liable for any claims for marinated profits an the uncompleted poaiou of the goods anchor work, for incidental or consequential damages, and that net such ad iorment be made in favor of the Seller with respect to any goad which art the Sellers sandrd stock. No such wour atlon shall relieve the Purchaser or the Seiler,fay of their obligations as a any glad delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment teal be asserted within thirty (30) days from the date the change or termination is ordmed. S. COMPLIANCE WITH LAW. The Seller womnts that all goad sold hereunder sbull have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goads am subject. The Sella shall execute and deliver such dacumen, as may be required m effect or evidence compliance. All laws and regulations required to be ncm,mated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser Mrmless from all ens, and damage suBirtd by the Purchaser as a result of the Sellers failure Or comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to became due hereunder without the prior written consent of the other party. 10.TITLE. The Seller warrants Bill, clear and unrestricted rifle to the Purchases for all equipment, tterials, and items f fished la performance of this agreement, free and clew of any and all Item, raoiclime, away tins, smuiey inre sst encumbrancer and claims of others. The Seller shall relcme the Purchaser and its contractors of any tier from all liability and claims of my aware resulting from the performance ofsuch work. This mlao a shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees ofsuch arm. The Sellers contractual obligations, including warranty, shall not he deemed to be reduced, in any way, because such work is pmaterial or coursed to that performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to me any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims far infringement by reason of the use of such patented design, device, material or process in connection with the answer, and shall indemnify the Purchaser fir any lust, expense or damage which it may, he obliged to pay by reawa ofsuch infringement at any time dunng the prosecution or after the completion of the work. In use said equipment, or any pan thereof or the intended use of the goods, is in such suit held to comtime infringement and the me of said equipment or pan is enjoined, the Seller shall, at its own expense and at ins option, either procure for. the Purchaser the fight to continue using said equipment or parts, replace the same with substantially Opal but mainfringer, equipment, or modify it so it becomes nownfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver m twome for any of the Sellers property in business, this other may forthwith be canceled by the Purchaser without liability. to. GOVERNING LAW. The definitions oftcmts rued Or the interpenetration ofthe agreement and the rights of all parties hereunder shall b, construed ender mil .it by the law, c fthe Slate of C.Imad., USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, inuudin, the services of Sellers RepresenrativNs), as the premises of amers. 19. SELLERS RESPONSIBILITY, The Seller shall carry an said work at Sellers own risk until the more is filly completed ad accepted, and shall, in a of any accident, destruction ar injury to the work maker materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchases. When materials and equipment am famished by others for installation or erection by the Seller, due Seller shall receive, aloud. some and handle tam, , the site and become responsible theafor as though such m,rnah a ilm equipment were being finished by the Seller under the older. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, maker a their dependmus in accordance with flue fins of the state in which the work is to be done. The Seller shall also carry comprehensive gweal liability including, but not limited to, contractal ad .,.mobile Public liability insurance with bodily injury and death limits of on least S300,000 for any one person, 550RJKO for any one accident end property damage limit per accident of $400,000, The Seller sh II likewise require his contractors, if any, to provide for such compensation and aromatic. Before any of the Sellers or his contactors employees shall do my work upon the premises of others, the Seller shall Bimich the Purchaser with a certificate that such compensation ad insurance have been pmsided Such cenificader shall specify the date when such mmpensatim and insurance have been provided. Such unifimtes shall specify the date when such compensation and insurance expires. The Seiler agrees Nat such coespenswion and insurance shall be maintained until ape the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assume th stirs, metastability aM liabilityfor any and all damage, has or injury ofazy kind m ature vides vcr to persom or property ..it by, resulting from the execution of the work provided farm this purchase order or in connection herewith. The Seller will indemnify ad hold homeless the Purchaser and ay r all of the Pumms. omcers, agents and employees Cmm and against any and ell claims, losses, damages, charges m expenses, whether direct or indirect, and whether to persons or per may to which the Purchaser ray be put in subject by reason of any suet, action, neglect, omission or default on the from of the Seller, any of his emtracson, or any of the Sellers or mmmndars officers, agents or employees. In ease my suit or other proccedurip shall he brought against else Pwchow. m its officers, agents or employees at my time an account or by rms.n of my act, action, neglect, omission or default of the Seller of my of his clamours or any of its or their officers, agen, or could yeas Or aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers awn expense, to pay any and all casts, charges, attorneys fees and other expenses, my and all judgments Nat may he incurred by or obtained against the Purchaser or my of its or their officers, agents or employees in such soils or other proceedings, and in case judgment or other lien the placed upon or obtained against the property of the Purchase, or said parties in or as; a result of such suits or other procedings, the Seller will at once cause the same to be dissolved ad discharged by giving bond or othetw oe. The Seller and his contractors shall take all safety precautions, furnish and install all guard necessity for the prevention of accidents, comply with all laws and regulations with regard a safety including, but without limitation, the Occupalioml Safety not Halth Act of 1970 and all rules and regulations issued pursusnt thereto. Revised 072014