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HomeMy WebLinkAbout103256 HACH COMPANY - PURCHASE ORDER - 3215096Fort Collins Date: 0110912015 PO Number Page PURCHASE ORDER �,�snoa ,of2 s number must appear all invoices, packing Vendor: 103256 Ship To: POLLUTION CONTROL LAB HACH COMPANY CITY OF FORT COLLINS PO BOX 608 3036 ENVIRONMENTAL DRIVE LOVELAND CO 805390608 FORT COLLINS CO 80525 Delivery Date: 01/09/2015 Buyer: PAT JOHNSON Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity UOM Unit Price Ordered Extended Price 2015 Blanket Order 1 LOT LS 6,000.00 Pollution Control THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. 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 I Pay terms net 30 days I 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 DBI'Al1S. Tax exemptions. By marine the City of Few Collins is exempt from state and local farms. Our Exemption Number is 11. NON VAIVER. 98414502. Federal Excise Tax Exemption Carfare of Region 84-6000587 is registered with the Collector of Failure of the Purchaser to inset upon strict performance of the hams and conditions herat failure or delay to Interim Revenue, Deaver, Colorado (Ref. Colorado Revised Stamm 1973, Clapow 39-26. 114 (a). enersh, any rights or remedim, provided homes or by law, failure to promptly wary the Sella in the event of a breach, the acreptance ofm payment for goads hereuNer or approval of the design, shall not release the Seller of Good Rejected. GOODS REJECTED due to failure to men specifications, either when shipped or due to defects of any of the warmntia m obligations of this purchase He, and shall not be deemed a waiver of my right of the damage in transit, may be remmed to you for credit and are rent to be replaced except upon receipt of wrimen Parchaser to never upon snit' performance htteofor any ofits rights or remedies as to any such goods, regardless instructions from the City of Fort Collins. of whm shipped, received or accepted, . to any prior or subsequrnt default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchase, operate as a waiver of any of the ens. Iaspect inn. GOODS are subject to the Ciry of Fort Collin inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or apartment in response to this order can result in 12. ASSIGNMENTOF ANTITRUST CLAIMS. authorized payment on the an of the City of Fort Collins. However, it is m be understand that FINAL Sella and the Purchaser raognize That in actual economico practice, ercha. rgresulting from antitrust ACCEPTANCE is dependent upon completion of all applicable curtained inspection procedures, violations we in fact home by the Purchase, Theretoforefm good cause and as coraideration for executing this purchase order, the Sell, hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments most be F.O.B., City of Few Collins, ]oo Wood St., Fort Collins, CO 80522, unless acquired mod, federal or state antitrust laws for such overcharges relating a the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase other. bill matt accompany invoice. Ammorel charges for packing will rot be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Dismae. Where munnufairationers, have distributing point; fir m. pans of the roumry, shipment is Iffam Purchases divans the Sella to correct remcmrforming re defective good by a date to be agreed upon by the expected fmm the nearest distribution point a destination, am excess freight will M dedrewd fmm Invoice when Purchaser and the Sell,, arm the Seller thromer iMiates its inability ar unwillingness to comply, the Purchaser shipments are made fmm greater distance. may muse life work to M performed by the moss expeditious means available to it, aril the Sella shall pay of costs, .,m with such work. Permits. Seller shall procure at sellers sole cost all necesary perm., aaifatms and licenses required by all applicable laws, regulatiorrs, ordinances and tales of the sire, municipality, wormy or political subdivision where the work is performed, or taloned by any other duly constimmd public authority haviagjurieliction over the work of vendor. Seller lumber agrees to hold the City of Fort Collins harmless fmm and against all liability and Ins, incurred by them by mason of ao assured or established violation of any such laws, regulations, ordinances, mles and requirements. Authorization. All ponies to this contract agree that the represenlatives are, in fact, bona file and possess full and complete wthoriry to bind said pansies. LIMITATION OF TERMS. This Purchase Order espmssly limits acceptance m the terms and renditions stoned herein set foM and any supplementary or additional terms and romancers amead hereto or incorporated herein by reference. Any additional or dilheraw it. and conditions proposed by seller are objected to and hereby ajecred. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you owner make complee shipment o arrive on your promised delivery date as noted. Time is office essence. Delivery and performance most be effected within the time sound on the purch.e order and dam documeats attached lento. No acts of the Purchasas including, without limitation, acceptance of padial law deliveries, shall operate as a waiver of Nis provision. In the event of any delay, the Purchaser shall have, in addition m other legal and equitable remedies, the opd. of placing his order elsewhere and holding the Seller liable for damages. However, the Seller shall not h liable for damages as a result of delays due to causes not reasonably foresexable which arc beyond its reasonable control sad without its fault of negligence, such acts of God, acts of civil or military authorities, govrmmened prication, fires, mikes, Hood, epidemics, wan or riots provided that waire of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Sella first received knowledge thereof. In the clear of any such delay, the date of delivery shall be extended far the period,Iual an the time actually lost by reason of the delay. 3. WARRANTY. The Sella warrants Char all goads, amiclea, matamb; am work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, am performed with Ile highest degree of are and competence in accordance wida accepted standard for work of a similar Nlow. The Sella agrees a held the purchaser harmless tram any loss, damage or expense which the Purchaser may sufferer hour on account of the Sellers breach of oommnry. The Sella shall replace, repair or make good, without cost a the purchaser, any defeat or faults arising within one (1) year or withis such longer period of time as may b, prescribed by law or by the it. of my applicable warranty provided by the Sella after the date of acceptmce of the good furnished hereunder (weeptarce set to be umeasonsbly delayed), resulting fmm impeK t or defective work done or moterials famished by the Seller. Acceptance or use of good by the Purchaser shall not constimle a waiver of any claim under this warmnry. Except ses otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately mused by the breach of any of the f going womer". or gu mmers, but such liability shall in no event include loss ofpmfift or loss of we. 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 weiuen change order 5. CHANGES IN COMMERCAL TERMS. The Purchaser may make any changes m the have. other than legal inns, including additions to or deletions from the quanthis originally ordered in the spaifrations or drawings, by vabal or wrown change arch. If any such change affects the amount due or the time wperfomtam< hereunder, an aluitable adjustment shall be made. &TERMINATIONS. The Purchaser may at any time by wrinen change Qdtt, 4mWcle dais agranno nt as to any or all portion, of the good Oren tat shipped, subject to any caritable w1jmrmen' between the panics. to any work or mmcrials then in progress provided Oat fire, Purchaser shall not be liable for any claims for anticipated profns on the uncompleted problem ofthe good anchor work, for incidental or contortionist damages, and Out no such adjustment be made in favor of Nc Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller ofany oftheb obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment ..It be asserted within thimy (30) days from the dale the change or termintown is ordered. B. COMPLIANCE WITH LAW. The Seller warrants than all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations a which dae goods are subject The Seller shall execute am deliver such documents as may he reported w eff t or evidence compliance. All laws and regulations required bit incorporated in agreements of this character are hereby incorporated herein by this ref ce. The Sella agrees to indemnify and Mid the Pumbaser harmless from all carts and damages suffned by the Parchaum ex a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry, shall assign, uansfer, or convey, this order, or any monies due or m become due Lawmaker without the prior wrinen camera of the other pity. Ill. TITLE. The Seller warrants full, clear and am.o-icmd title to the Purchaser for all equipment, materials, and items furnished in Performance of this agreement, free and clear of any and all liens, restrictions, reservations, saurity interest encumbrances and claims ofothers. The Seller stall release the Purchaser and its commaremrs of any Ter from all liability and slain¢ of any nano , resulting from the performance o'such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees ofsuch party. The Sellers contractual obligations, including warranty, shall not be darned to be reduced, in any way, because such wok is performed or award to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is repaired to use any design, device, material or process covered by lane,, parent trademark or copyright, the Seller shall indemnify and save harmless the Purchaser fmm any and all claims for infringement by reason of the use of such Patrnted design, device, material in process in connecion with the contract, and shall indemnify the Purchaser for any cost, cxpertse or damage which it may be obliged m pay by reawa of such infringement at any time during the prosecution or after the completion of the wok. In case said equipment, or any part thereof or the intended use of the good, is in such suit held to wmtimte infringement and the use of said aluipmrnt or pan is enjoined, the Sella shall, at its own exper.e and at its option, either procure for the Purchaser the right to continue using said equipment or pans, wiplaa the awe wit substantially equal but noninfringing equipment, or modify it so it becomes meniafringing. 0. INSOLVENCY. If the Seller shall become insolvent or bnnkmpt, make an anignment for the benefit of audlmrs, appoint a receiver or trustee for any of the Sellers Property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms toed or the interyretation ofe agreement and the rights of all parties hereunder stall be construed under and governed by the laws of Ore State of Colorado, USA. The following Additional Conditions apply only in cases where the Sella is or pert work bermander, including the services o'Sellen Reprerenative(s), on life pmni is of others. 17, SELLERS RESPONSIBILITY. The Sell, shill tarty on said work at Sellers oxen risk until the same is fully complaed and accepted, and shall, in rase ofany accident. destruction or injury to the wok not modenals boil Sellers final completion and acceptance, complete the work at Sellers own expense and m the satisfaction of the Purchaser. When materia6 and equipment are f ished by others for installation or erection by the Seller, the Sella shall receive, wload, store and handle same at the site and become responsible therefor ss though such materials anchor equipment were being famished by the Seller under the out 18. INSURANCE. The Seller shall, at his awn 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, anchor to thick dependents in accordance with the laws of the wont, in which the wok is to be done. The Sella shall also tarty comprehensive general liability including, but not limited to, contractual and automobile public liability airwave with badily injury aM dems limits of m least 5300.000 for any one prow, $500,000 for any conaccident and property damage limit per accident of 5400,000. The Sella shall likewise r quire his minst, if ant, to Provide for such amperwtioa and insurance Baker any orthr Steers or his contracmrs employees shall do any work upon the premises of others. the Sellershell f ash the Purchaser with a certificate that such compression and insurance have been provided. Such urea shall specify the date what such compa.ation and inewman ,have ban provided. Such retdeares shall spaif,the date when such roroperuation and insurmce expires. The Sella agrees that such compensation and insurance shall be maintained until after the entire wok Is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes the entire respensibiliry and holidiry, fir any and all dosage, loss or injury of any, kind ar nature wM.aever to persons or property caused by or resulting fmm the execution of the wok provided for in this purchase order or in connection herewith. The Sell, will indemnify and hold harmless the Purchaser and any r all of the Purchases officers, agents and employees fmm and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put in subject by remon of any act, action, neglect, omission or default on the pan of the Seller, any of his contractom or any of the Sellers or contractors offices, agents or employees. In rose any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees in any time on account or by reason of any act, action, neglect, omission car default of the Sella of any of has contractors or any of its or their officers, agents or employers res afortaid. the Sell, hereby sore. a assume the defense therm( and an defend the same at flit Sell. own expense, to pay any and all cos., charges, aturmeys f and move espeosea any aid all judgments dirt may he incurred by or claimed against the Purchaser err any of I. or their officers, agens or employers m such ..its or War proceedings, and in case judgment w other lieu be plash upon an obtained agaiwa the peopeny of the Purchaser, or said Famous in or as o result i f such stain m other proceedings, the Sell, will at once muse the awe w be dissolved and discharged by giving bmW or otherwise. The Seller and his contractors shall take all afery precautions, f sh and'u.mll all prods na scary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without Radiation, the Occupafonal Safety and Health Act of 1970 and all rates and regulations issued pursuant thereon. Revised 012014