Loading...
HomeMy WebLinkAbout239286 GE ANALYTICAL INSTRUMENTS INC - PURCHASE ORDER - 9147378Fort Collins Date: 12/15/2014 PURCHASE ORDER Vendor: 239286 GE ANALYTICAL INSTRUMENTS INC 6060 SPINE RD BOULDER CO 80301-3323 PO Number Page 9147378 1012 This number must appear on all invoices, packing sli s and labels. Ship To: WATER QUALITY LAB CITY OF FORT COLLINS 4316 W LAPORTE FORT COLLINS CO 80521 Delivery Date: 12/15/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price MAINTENANCE CONTRACTS 1 LOT LS 4,520.00 11/15/14 - 11/14/15 COVERAGE 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 Fork Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax: 970-221-6707 Email:purchasingQfcgov.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 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fan Collins is exempt from agate and local taxes. Our Exemption Number is 11. NON WAIVER. 98-04502. Federal Exche Tax Exemption Caravan, of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon skirt performance or the terms and conditions hereof, failure ar delay to Intemnl Revenue, Denver, Colorado (Ref. Colorado Revised Minutes 1993, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor Payment for goods hereunder or approval ofNe design, shall not release ore Seller of Goods Rejected. GOODS REJECTED due to failure to meet specfrtions, either when shipped or due to defects of any of the warranties or obligations of this random, order and shall not be domed a waiver of my right of the damage in transit may be resumed to you for rredit and are root to be replaced except upon receipt of written Peachader to insist upon strict Perfonnmce havafer any of its rights or remedies w to my such goods, mgatdlem instructions fmm the City of Fort Colluor of wlan shipped, mcnved or acerpted, n to any prior or mrsax ant default hereunder, nor, shall any pumorted oral modi ration or rescission of this purchase ardor by the Purchases operate as m waiver of my of the terms Inspection. GOODS art subject to the City of Fart Collins i:sspeetion on arrival, hereof. Final Acceptance. Receipt of the merchandise, services or equipment in Papoose to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment oa the part of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize Nat in atonal a pam is dre, ovharges resulting fmm antitrust rgood ACCEPTANCE is depennt u depon completion of all applicable required ins,reclic n procedures. violations ere m fact home by the Purchaser. Theretofore,nfor rouse and n consideration for executing this purchase order, the Seala hereby assign to the Purchaser my and all claims it may now have or hereafter Freight Terms. Shipments most be F.O.B., City of Fon Collins, 700 Wood Sr-, Fort Collins, CO 80522, mless inquired under frdeml or state antitrust law, for such ovmharge, relating to the Particular goods or arnica othenwam specified on this oNer. Brainstorm is givm to prepay freight and charge separately, the original bright purchased or inqubed by me Purchaser pursumt to this purehau codes. bill most accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers hive distributing points in various parts of the country, shipment is expected from the nearest distribution paint to destination, and excess freight will be, deducted farm Invoice when shipments are made from greater distance. . Permits. Seller shall procure at sellers sole cost all naasary permits, cenifimtes and licenses required by all applicable laws, regulations, ordinances add macs of the state, municipality, mrrimry or political subdivision where the work is performed, or required by any other duly mnatimted public authmiry having jurisdiction over one weak of cad.. Seller further ,,gun to hold the City of Fan Collins harmless fmm and agwron all liability Par lass incurred by them by remain of an named or established violation of any such laws, regulations, ordinances, rules and is manenn. Authorization All arctic, to this cuntma agree that the representatives arc, in fact, bona fide and possess Poll and complete authority to bind said parties. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the in. and conditions stated herein set forth and my supplementary or additional term and condation massed hereto or incorpomted herein by carmine. Ad, additional or daRnmt tarts and condition proposed by seller are obje.ed to aM hereby reje.ed. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to active on your promised delivery date as noted. Time is of the essence. Delivery and performance most be effected within the time stated on the purchase order and the dorumems attached hereto. No acts of the Purchase,, including, without limitation, acceptance of pPaial late deliveries, shall operate as a waiver ofthis provision. In the event crony delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofptacmg this order elsewhere and holding the Seller liable for damages. Howwea the Seller shall not be liable for damages as u result ofdelays due to causes not reuonably foreseeable which are beyond its reasonable control and wWmut as fault of negligm such acts afGed, acts ofciv [ or mllltary.,bad.,.. governmental priorities. Gres, stakes, Rood, epid.i. wars m riots provided that notice of the condition causing such delay is given to the Purchaser within five (5) days of the time when the Seller fast received knowledge thereof In the event of my such delay the date of delivery shot be extended for the perlo:l equal to the time actually last by reamn of the delay. 3. WARRANTY. The Seller warrants Nat all goods, articles, materials and work covered by this order will conform with applicable drawings, specification, samples md/or other description given, will be fit for are purposes intended, and performed with dw highest degree of am and compelence in acmMvtce with accepted sundials for work of a similar ..as The Sella agrees to Mid the pmilau, harmless from my loss, damage or expense which one Pumbaser may suffer or incur on account of the Sellers breach of wm unry. The Sella shall replace, repair or make good, without cost to the purchaser, my defects or faults mong within one (1) year Or within such longer period of time as may be prescribed by law or by the team of my applicable warranty provided by am Seller otter the date of cceptance of the goods Industrial hereunder (worrisome not to be unreasonably delayed), resulting town imperfect or defomlve work done or materials munched by the Seller. Acceptance or use of goods by the Purehner shall not contituta a waiver of my claim wider this warranty. Except n otherwise provided in this purchase trader, me Sellers liability hereanda shall extend m all damage proximately eauud by the breech of my of the ( going warranties or guarantees, but such liability shall in no event include loss ofpmfits 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 to the terms, other Nan legal tents, including additions to or deletion from ,he qumlltan im,nally ordered in the specifications a drawings, by verbal or adiond change order. If any such change affects the amount due or are time ofperfomtance hereunder, an equitable w1justmeat shall M made. 6. TERMINATIONS. The Purchaser may at any are by wrinrn change aide, maniwa this egmemem n m my or all poam- of the pass, then not shipped, subject to any equitable odjnrmmr between the .in . tin any work err dramors then an progress provided that the Condoner shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods und/or work, for incidental or consequential damages, and that no such adjustment be made in favor was, Seller with reseal to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or ore Seller afr, of Near obligation. to any goods delivered hereunder. 9. CLAIMS FOR ADJUSTMENT. Any claim far tljmtmew rant be acsened within Wm (30) days from the date the change a .on mount. is palmed. 8. CONIPLIANCE WITH LAW. The Seller warrants 1bar till goods sold hereunder. shall have ban pmduced, sold, delivered and fumished in strict omphance with all applicable laws and regulalions to which the goods we subject The Seller shall execute and deliver such documents n may be required to eflat or evidence compliance. All laws and Peg diction «,oared to be incorporated in agreements; of this character we hereby incorporated herein by this reference. The Sella again to indemnify mW hold the Purchaser harmless from of costs and damages sulBred by the Purchaser. a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or my monies due or to become due hereunder without the prior cameo consent of the other party. 10. TITLE. The Seller warrants full, clear and mrcsPointed line to as, Purchaser for all equipment, materials, and it. fumisbed in performance of this agreement, free and clear of my and all liens, restriction, reservation, security interest encumbrmces 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 Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cove the work to h perm mad by the most expeditious means available to it, and the Seller shall pay all sass, associated with such work. The Seller shall release the Purchaser and its contractors of any her fmm all liability oval claims of any nature resulting fmm the performance ofsuch work. This mlease shall apply even in the event of fault of negligence of the parry released and stall extend to thc directors, officers and employees ofsuch party. I'he Sella's contractual obligations, including wardarmy, shall not be deemed to be reduced, in my way, because such work is performed or crud to be performed by the Purchaser. I4. PATENTS. Whenever Nr Sella a mquirM a use any design, racier, morasslco mcess mvered by Ina, for infringement or copyright, ore Seller shall indemnify and save erimlcss the Ptmharoc farm my area all claims for infringement by reason lithe use rcsash parented design, device, damage hi h it ass in connection with the contract, and shall indemnify ore Purchaser far any coSL expense or damage which it maybe obliged or pay i reason a such infringement at any time during the of the goods, s, after the companion of the work. fr case said ait the use or any pan thereof r the intendedidwr use he the goods, is in,, o suit held to constitute infringement and the use hOf e said equipment or part is enjoined, ore Seller shall, tit its own ,reels¢ and et its option, eistn procure far the Purchaser ore right to continue Wing said arnes p t ru parts, replare the same with substantially equal but mnanGnging equipment, or modify it so it baom> noninfn'nging. 15. INSOLVENCY. If the Seller shall become insolvent or bmdrupt, make an anigunent for the benefit of credamn, appoint a receiver or trustee For any of the Sellers propmy, or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definition ofterms nerd or the interpretation ofthe agreement and the rights of all patties hereunder shall be construed mdor and governed by the laws straw State of Colorado, USA. The following Additional Condition apply may in sus where the Seller is to perform wank hereunder, amlading etc savors, ofSelleas Repreammurve(i), on the promises of uned. 17. SELLERS RESPONSIBILITY. The Sell. shall may on said work at Sellas own risk until the same is fully completed and incepted, end shall, in case of any accident, destruction or injury to the work and/or materials before Sellers Mal completion and acceptance, complete the work at Settees own expense and to the satisfaction of the Purchaser. When materials and equipment are fannishM by others for irradiation or erection by the Seller, the Sella shall receive, unlmd, lore and handle same at the sire and become ra vardblc therefor n though such materisls cndor �vipmmt were being foauhed by the Seller under the oNer. 18. INSURANCE. The Sella shall, at his awn expense, pm ads f 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, and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also can, comprehensive general liability including, but not limited to, commcmal and automobile public liability insurance with bodily injury and death limits of at lent 5300,000 for any one person, Slott" for my one incident and property damage limit per incident of 5400,000. The Sella shall likewise require ho, antrum,,, Had , to provide for such compensation and imunnce. Before my of ore Sellers or her contractors employees shill do my work upon the premiian of orhad, the Sella shall mmish the Purchaser worth a renaficate Nat such compcn Lion and Promote have been provided. Such ttrdhcmes shall specify the date when such on,mi ation and insurance have been provided. Such certifimma shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until alter the entire work is completed and accepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes ore entire responsibility and liability for my and all damage, loss or injury ofany kind or metre whatsoever to person or property caused by or resulting from the aemtim of the wink provided for in this purchase oNer or w connection bedroom. The Seller will iMermify and Mad harmless, the Purchaser and any r all of dre Purchasers cheers, egmrs and employees firm and against any and all claims, tosser, damages, charges or expenses, whether direct or indirect, and wheher to perours at pmperry to which the Purchaser may be put or subject by mason of any act, action, neglect, omissim Or default on the pan of Ne Sella, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In cam any suit or other proceedings shall be brought against the Pumbners or its officers, agents or employees at my Gene on account or by crown of any at, action, neglect, omission or default of the Seller of any of his contractors or any of its ar acid officers, agents or employees as aforesaid, the Seller hereby agrees m assume arc defense thereof and to defnd the same at are Sellers own care.. m Pay my aM all rusts, charges, attorneys fee, and whet expenses, my and if judgmmts Char tray be, incurred by Or obtained aimed are Parchment or my of its or their officers, agents or employees Or such suits or other proceedings, and in rase judgment or other aim be placed upon or obtained againt are property of are Pv rldra , or said panics in or us a result of such suits or other proceedings, the Seller will at once anus, are same to b, dissolved and discharged by giving bond or oaer slim. The Seller and his animations shall take all safety precautions, famish and install all guards necessary for ore prevention of accidents, comply with all laws and regulation with regard to safety including, but without lamitataon, the Occupational Safety and Health Act of 1970 and all tales and regulation issued pursumt them. Revised 07n014