HomeMy WebLinkAbout123610 IDEXX DISTRIBUTION CORP - PURCHASE ORDER - 3215097Fort Collins
Date: 01/09/2015
PURCHASE ORDER
PO Number Page
3215097 1of2
This number must appear
on all invoices, packing
sli s and labels.
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Vendor: 123610 Ship To: POLLUTION CONTROL LAB
IDEXX DISTRIBUTION CORP CITY OF FORT COLLINS
ONE IDEXX DR 3036 ENVIRONMENTAL DRIVE
WESTBROOK ME 04092-2040 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
Extended
Ordered
Price
2015 Blanket Order 1 LOT LS
15,000.00
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
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 exemptions. By statute the City of Fond Collins is exempt fmm slide road local mod. Our Exemption Numbo r is
984]4502. Federal Excise Tax Exemption Cartridge of Registry M-6000587 is registered with the Collector of
Integral Revenue, Denver, Colorado (Ref. Colorado Revised Sarta 1973, Chapter 39-26, 114 (a).
Goods Rejected, GOODS REJECTED due to failure to men specifications, either whom shipped or due to defects of
damage in vomit, may be resumed to You rim credit and art not to be replaced except upon receipt of wrinen
instructions form the City of Pon Collins.
Inspection. GOODS are subject to the City of Fort Collins inspection on anival.
Final Acceptance. Receipt ofthe merchandise, services or equipment in response to this order can result in
w horized payment on the pan of te hCity of Fort Collins. However, it is tobe understood thatFINAL
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
Freight Terms. Shipments must be F.O.B., City of Fan Collins, 700 Wand St., Fan Collins, CO 80522, unless
mherwise specified on this rnddr. Lf pemdssim is given m prepay fight and charge separately, the on,i.) freight
bill must accompany invoice. Additional charges for parking will not b , accepted
Shipment Distance. When manufacturers have distributing points in soments pans of the mmtry, shipment is
expected from the nearest distribution to, to destination, and excess freight will nd decades] from Invoice when
shipments art made fmm greater distance.
Permits. Seller shall procure to sellers to out all naesmry parnit, comfrcata and licenses requitd by all
applicable laws, regulations, on irm rn and rates ofthe stale, municipality, territory or political subdivision where
the work is performed, or required by my other duly comtinated public authority havingjurisdiction over the work
of condor. Seller fuller, agrees 1. hold the City of Fan Collins harmless rid all against all liability and Iris
incurred by them by reason of an asserted or established violation of my such laws, regulations, ordinances, rates
and requirements.
Authorization. All parties to this contract agree that the ravosemmivcs arc, in fact, bona fide and possess full cad
complete authority to bind said ponies.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated
herein set forth and any supplementary or additional terms and conditions annexed herein or incorporated herein by
reference. Any additional or different terms and conditions proposed by seller are objected an and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately tryout cannot rake complese shipment to arrive on your
Promised delivery dte as noted. Time is of the essdre. Deliveryand performance must od of atd within the into
wood on the purchase, ondd and the documents attached hereto. No acts of the Purchasers including. without
limitation, secept. of pmul late delivma, shall operate in is twiver of this provisian. Ia the event of.y delay,
the Pmchmer shall have, in addition In other legal all.nimble ttmedies, the option ofplacing this order eluwherc
gel holding the Seller liable for damages. However, the Seller shall not be liable rim damages as a result of delays
due to causes not damnably fmeseeable which care beyond its reasonable cool and without its fault of negligence,
such acts of God, acts of civil or military authorities, governmental priorities, fires, writes, Bond, epidemic, wars or
rots provided that notice of she conditions coming such delay is given to the Purchaser within five (5) days of the
time when the Sella first received knowledge the,mf. In the event of my such delay, the date of delivery shall be
extended for the pmod equal in the time actually lost by reason of the delay.
3. WARRANTY.
The Seller warrant that all goods, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples ardor other descriptions given, will be fit for the purposes imandid, and
performed with the highest degree of care and competence in accordance with accepted standard for work of a
similar nature. The Seller agrees to hold the purchaser homeless from my loss, damage or expense which the
Purchaser may suffer or incur on acemnat ofthe Sellers breach of wammly. The Seller shall replace, repair or make
goad, without cost o the purchaser, my defects or fault arising within one (1) Me or within such longer peril of
time as may be presented by law or by the tenor of my applicable warranty provided by We Sella ider the date of
acceptance of the goads furnished hermndd (acceptance not to be tuucammbly delayed), resulting rid imperfect
or defedive work done m.,crisis fiuoishd by the Sell.. Acceptance or use of good by the Purchaser shall not
constitute a waiver of my claim order this warranty. Except as othervise provided in tWs produce under, the Sellers
liability hereunder, shall extend to all damages proximately caused by the broach of my of the (ongoing wgranaies
or gua.ntm, but such liability shall . m 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.
no Purchaser may make changes to legal terms by ".a change order.
5. CHANGES IN COMMERCIAL TERMS,
The Purchasermay make any changes to the terms, other than legal terms, including additions to or deletions fmm
the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such
change affects the round due or the time ofpeffomwnce hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at my time by wnnon change order, terminate this agreement as to any or all portions of the
good then not shipped, subject to any equitable adjustment between the parties . to my work on frodmis Wen in
progress provided that the Purchaser shall not be liable for my daims for anticipated profits on the uncompleted
portion of the Band ankm work, far incidental m.mequential damages. all that an each ndjnstot be made in
favor ofthe Seller with respect to my goods which are the Sellers standard stack. No such unification well relieve
the Pirawar or Ore Seller army ofthe. obi,ma m as to any goad delivered hereunde.
T. CLAIMS FOR ADJUSTMENT.
Any claim for Mjmbndo arm, b, wedged within thing (30) days form the date the change no termination is
ordered
8. COMPLIANCE WITH LAW.
The Sella warrants Oaf all goods sold hereunder shall have ban produced, sold delivered and famishd in strict
compliance with all applicable laws and regulations to which the good arc subject. The Seller shall execute end
deliver such document as may he required to effect or evidence compliance. All laws and regulations require m be
inaugurated in agreement of this character are hereby marinated herein by this reto.. The Sella agrees to
indemnify and hold the Purchaser hamrless from all costs and damages suffered by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall cosign, member, or convey this order, or my monies due or. become due henmdd without the
prior written cement of We other parry.
10. TITLE.
The Sella warrant full, clear ad commuted tide to Lou Producer for all equipment, materials, all items Finished
in performance of this aired we, f aril clef of any goal all liens, rainstorm, arse 6 rs, savory interest
dwumbmrca and claims of other,
11. NONWAIVER.
Failure of the Purchaser to insist upon strict gorrom ice of the to. and eaci itions hereof, failure or delay to
examem any rights or medies provided herein or by law, failure ta promptly noddy the Sella in the event of a
breach, re
h, the acceptance c for payment far goad hereunder or m,.I ofthe desigs, shall can release the Seller of
my of the annamties m obligations of this purchase order and shall twt be deemed a waiver of my right of the
purohsser to insist upon wind performance hereof or my of its rights or Miss as to my such goad, regardless
of when shipped, received or remptM, as to any prior or subsequent default hanvnder, nor, shall any propagated
am[ modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust
iodations are in fact home by the Produced. Theretofore, for good cause and consideration for executing this
purchase rode. the Seller hereby assigas
the Purchaser my and all claims it may now have or hmmuld
acquired under federal or some antitrust laws for such overcharges ¢dating to the particular goods or services
purchased or acquired by the Purchaser pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser dress the Seller to correct nonconforming or der dvegoo3s by is dine to be, agreed upon by the
Purchase, and the Seller, and the Seller thermftd indicates its imbiliry or mwilliagress to comply, the Purchased
may.mc the work to be performed by the most expeditions means available in it, aril the Seller shall coy all
costs associated with such work.
The Seller shall release the Purchaser and its contractors of my tier fmm all liability and claims of my datum
painting from the performance ofsuch work.
This release shall apply even in the went of fault of negligence of the party released and shall cxlond to the
dira.rs, offcas and employees of arch parry.
The Settees contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because
such work is performed or caused to be perforated 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 add save hmmlds the Purchaser from any and all claims for infringement
by reason ofthe use of such Patented design, device, normal or process in mm¢aion with the contract, and
shall indemnify the Purchaser for any cams, .,. or damage which it may be obliged to Pay by man. of such
infringement at any time during the prosdotion or after the completion of did woes. In case mid equipmor , or
any part that or the intended um of the facials, is in such it held to denco mte infringement gad the use of
said equipment or pan is enjoined, Oe Seller shall, a1 its own expense and at its option, eitber procure for the
Purchaser the right 1. continue in, mid egmpnew or part, replan the come w lb substantially q.I be,
mnlnfinging qti andal, or modify it an it becomes naninfringivg.
15. INSOLVENCY.
If he Seller shall become imolvem or bankmp, make an assignment fro the bcnefil of creditors, appoint e
receiver or mime for any of the Sellers progeny or business. Was onder may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The defining. ofit— rued or the interpretation of the agreement and the rights of at panics hereunder shall be
construed under and governed by the laws of the State of Colorado, USA.
The fallowing Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the services of Sellers R rmosent nid(s), on the premises ofost
17. SELLERS RESPONSIBILITY.
The Salle, shall carry on mid work at Seller's own risk until the mare is fully drogde d.d arceptd, and shall,
in case ofmy mciden, destruction or injury to the work maker materials before Sellers final completion and
mcepamce, wmplem the work at Seller's own expense and to the acefiscrom of We Purthaser. When mmcials
mad quipmenl art furnished by others for installation or erection by We Send, the Sella shall receive, unload,
stare and handle more at the site and became responsible therefor as though such maerials gWu equipment
were being famished by We Sella undet the order.
18. INSURANCE.
The Seller shall, at his owv expense, provide for the payment of workers compdtation, including occupational
disease benefits, to its employees employed an or in connection with We work covered by this purchase arid,
maker to their dependent in accordance with the laws of the mite in which the work u to be done. The Seller
shell also carry comprehensive Pascal liability including. but not limited to, contractual and automobile public
liability insurance with bodily injury and death limits of at least 5300,000 for my one person, $500p00 for my
one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his
contactors, if any, to provide for such compensation and insurance. Before my ofthe Sellers or his contractors
employees shall do any work upon the premises orchids, the Seller shall famish the Purchaser with a cenifease
Wit such compensation and insurance have been provided Such certificates shall specify the date when such
compensation and imurmce have been provided. Such certificates shall specify the date when such companions,
and insurance expires. The Seller agrees that such compensation and insurance shall b< maintained until after the
.tire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the more responsibility and liability for my ad all damage, loss or injury of any kind
r mature wh mmover to persons or property caused by or resulting from the execution ofthe work provided for in
this purchase order or in mutation herewith. The Seller will indemnify and hold bolas the Pmchmd and any
or all of the Purchasers dicers, agents and employees form and against any and all claims, losses, damages,
charges or expenses, whether direct or gadded, all whether to persons or property a which the Parched may
be put or subject by reaon of any act. action, neglect, omission or default an the pan of the Seller, my of his
contractors, or any of the Sellers or contractors officers, agent or employees. In wse my suit or other
proceedings shall be brought against the Pumhma, or its officers, agent or employees at my time on account or
by Tmson of any art, anchor, neglect, omission or default of the Sella of any of his contractors or any of its or
their officers, agent or employees m aforemid, the Sella hereby agrees to assume the defense thereof and to
defend the same at the Sellers awn expense, to pay my and all cost, charges, anomeys fees and other expenses,
any and all judgment Fiat may be incurred by or obtained against the Purchaser or any of its or their officers,
agent or employees in such suit or other proceedings, and in case judgment or other lien be placed upon or
obtained against the property ofthe Pm<hue. or mid parties in or as a result of sash suits or offer proceedings,
the Seller will at once cause the same to be dissolved and discharged by giving band or otherwim. The Sella and
his contractors shall hike all safety precautions, famish and imull at good necessary for the procuration of
accidents, comply with of Imss and regulators with regand W safety including• but without limitation, the
Occupational Safety and Health Ad of 1970 and all .lea all Filiation. issued pursuant themo.
Revised 07nG14