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HomeMy WebLinkAbout102837 FISHER SCIENTIFIC COMPANY LLC - PURCHASE ORDER - 3215098PO PURCHASE ORDER 321509er Page City of PURCHASE 098 1012 ' `tCollins/ his number must appear ` \.I " 1 1 on all invoices, packing sli s and labels. Date: 0110912015 Vendor: 102837 Ship To: POLLUTION CONTROL LAB FISHER SCIENTIFIC COMPANY LLC CITY OF FORT COLLINS 2000 PARKLANE 3036 ENVIRONMENTAL DRIVE PITTSBURGH PA 15275 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 1 2015 Blanket Order Pollution Control 1 LOT LS 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 25,000.00 Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terrors and Conditions Page 2 of 2 1. COMMERCIAL DE -AILS. Tax exemptions. By same the City of Fort Collins is exempt Fmm same and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry g4fi000581 is mgistm, with the Collmun of Failure of the Purchaser to insist upon strict perfomwca of the tams and coalitions hereof, failure or delay to Imemal Revenue, Down, Colorado (Ref Colorado Revisal Satuas 1973, Chupter 39-26, 114 (a). exercrose my rights or remedies provided herein or by law, failure no promptly natty the Seller in the event of a breach, be acceptance ofor payment for goods hereunder or approval offe design, shall not release the Seller of Gaol Rejected GOODS RE3EC7ED due to failure to men spniffcatiwns, rifa when shipped or due m defers of my of be warmnties or obligations of this purchase mler and shall nor be deemed a waiver of my fight of the damage in manic, my be formed to you fan credit and are not to be replaced except upon receipt of wrium purchaser to insist upon min performance hereofor my orris rights orremdies ss m my such gaad, re,on less instructions from the CityofFo. Collins. of whm shipped, received or accepted, res to my prior or subsequent default Fernand nor shill my purported oral modification or rescission of this purchase cages by be Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject iW the City airport Collins iuspextion an turning. hereof. Final Acceptance. Receipt of the merehaalise, services ar equipment in response to this order an result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorised paymem on the pan of be City of Fort Collins. However, it is to be understood that FINAL Seller and the purchaser raognize but in actual a is practice, overcge harresulting tram mtinnew ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations me in fact home by be Purchwer. Theretofore, for good auw and as consideration for executing this purchase order, the Seller herby assigw to the Purchaser my and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Fort Collins, 900 Wood St, Ton Collins, CO 80522, at. acquired under federal or sam antitrust laws for such overcharges reining to the particular goods or saviors mhnwise specified oa this order. If pemtinion is given to prepay freight and charge separately, the original freight purchased or acquired by be Purchaser punumt to this Purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. When manufacturers have distributing points in various pats of the country, shipment is If the Purchaser directs the Seller to correct mnconfumming or defective goods by a date to be agreed upon by the expected fmm the nearest distribution point to destination, and excess freight will he deducted from Invoice when Purchaser and the Sella, and the Seller themafer indicates its inability or unwillingness to comply. the Purchaser shipment' are made franc greater dhtance. - may cause the work to be performed by the must expeditious means available to it, and the Sella shall pay all costs associated with such work. Permits. Seller shall procure at sellers sale cost all necessary permits, cenificmes and licences rtquirtd by all applicable laws, regulation, radio .and roles of the state, mwicipaliy, territory or political subdivision where the work is performed, or required by my other duly committed public authority having jurisdiction over the work of vector. Seller further agrees to hold the City of Fort Collins hafanlras fmm and agaimt all liability and lass incurred by them by rmaan of an asserted or established violation a my such laws, regulations, ordinances, rates and rtyuirements. Anticorrosion. ion. All parties to this creation agree that the representatives are, in fact. Farm file and possess full and ..place authoritya bind said parties. LIMITATION OF TERMS. This Purchase Order expressly linos acceptance to the toms and conditions sated herein art Both and my supplementmy or additional in. anal conditions amamil hereto or ineorpaatd hee. by reference. Any additional or diffraction alms and conditions proposnd by sells fire objected ta and hereby jntnd. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately Uyou carrot make complete shipment to arrive on your promised delivery date in noted. Time is o'the assume. Delivery and performance must be effected within the time stated on the purchase order and the documents attached haveto. No arts of the Purchasers including, without limitation, acceptance ofpanial late deliveries, shall operate in a waiver Within prevision. In the event ofany delay, the Purchases shall have, in addition to other legal and equitable rrmndies, the option afflicting this order anewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages n a sash of delays due to causes not reasonably fmrsecable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts of civil or military minorities, governmental priorities, fires, strikes, food, epidemics, wars or riots provided that notice of the conditions causing such delay is given far the Purchaser within five (5) days of the time when the Sel In first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the peril equal to the time actually lost by reason of the deny. 3. WARRANTY. The Sella warrants that all goods, articles, materials and work covered by fin order will conform with applicable drawings, specifications, samples succor other descriptions given, will be fit for be purposes intended, and perfomred with the highest degree of are sal competence in mmrdartce with accepted sadams for work of a similar ware. The Seller agrees to hold the purchaser harmless fmm my loss, damage or expense which be Purtbmee may suRn or incur an account of fie Sellers breach of wammty. The Seller stall replace, repairor make good, without can to be purchaser, my defects or faults arising within one (1) year or within such longer peril of time ss maybe prescribed by law or by be terms of any applicable wamny provided by the Sella atn be den, of acceptance of the goods fmnishcd heeundes (mreptance, and to be commonly delayed), resulting from impart t or defective wok done or tr cencrlan furnished by be Selina. Acceptance or use of good by the Purchaser shall act constitute a waiver of my claim codes this wartanty. Exc,, in otherwise pr idnd in this purehasr wages, the Sellers liability hereunder shall extend to all damages proximaaly sawed by be breach of my of the furetioing wammties or gwrantms, but such liability shall in an event include loss ofpmfits or lass 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 written change min. 5. CHANGES IN COMMERCIAL TERMS. The Purehssrir may make my changes to the mma ofra than legal terms, including additions m or deletions from the quantities originally ordered in the s,ocifcatiom or drawing, by veNal or written change order. If any such change affects the amount due or the time ofpedarmance hereunder, an equitable adjustment shall be rode. 6.TERMINATIONS. The Purchaser may in any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the parties in many work or materials then in progress provided that the Purchaser shall not be liable for my claims for anticipated profs m the uncompleted Portion of be goods and/or work, for incidental or astaximpantial dmwges, and that an such adjustment be made in favor of be Seiler with respect m my goods which are the Sellers standvM stock. No such Irradiation shall reline the Purebmcr or be Seller ofany oftheir obliphicas m to any good delivered remainder. 7. CLAIMS FOR ADJUSTMENT. Any claim far edjummrnt must be assdnd within thirty (30) days from be date the change n temrimrion 4 wagered. 8. COMPLIANCE WITH LAW. The Seller warrens that all goods sold hereunder shall have been produced, sold, delivered dd f ished in strict .,]am. with all applicable laws and reguldons to which the goods are subject. The Seller shall e.manc and deliver such documents in may be required m effect or evidence compliance. All laws and regulation required to be ompandmd in agreements of this characar me hereby incorporated herein by this refit.. The Selles agrees to indemnify and hold the Purchaser hannls from all rasa aal damages suffered by the Function to a renal, of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, haw&m or convey this order, or any monies due or to become due hereunder without the prior written consent of thc other party. 10. TITLE, The Seller warrants full, clear and unre5trictnd title to be Fumhssn for all equipment, materiels, and items Entailed in performance of this agreement, her and clear of my and all liens, restrictions, restrictions, security im.est encumbrances and claims ofothers. The Seller shall release the Furchaer and its conmacrOrs of any tin form all liability and claims of my mature resulting fmm the Preformamee ofsuch work. This aflame shall apply even in the event of fault or negligence of the pray released and shall extend to the directors, ofhcars and employees of,.h pmry. The Seller's contmctwl obligations, including warranty, shall non be demand to be reduced, in my way, bacrose such work is pradmarnd ar..it to be pesfwmted "a Purchaser. IL PATENTS. Wbereaver the Seller is r.ptired to use my design, desire, material or process covered by leae, paten, vademak or copyright the Seller shall indemnify and save harmless the Purchases fmm my and all claims for infringement by reason of the use of such patented design, device, mmrrial or process in cumemon with the cannot, and shall indemnify the Paralso r for my cost, expense or damage which if may be obliged to pay by comma of such infringement at any time during the prosecution or eight, the completion of the mark. In case said equipment. or my pan thereof or the intended use of the goods, is in such suit held to const rutt, infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at is option, either procure for the Purchaser the fight to continue using said equipment or pans, replace Its, same with substantially equal but noninGnging yuipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Sella shall become insolvent or Encomia, make an assignment for the benefit of creditors, appoint e meaner 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 defim o n ofit— mad or the confirmation of fc agreement and the fights ofa11 parties hereanda shall be construed laden and gavemed by be laws office State of Colomdo, USA. The following Additional Conditions apply only in cases where be Seller is to pert work hareudes, includng fie services of Sellars Represenafive(s), on the prrmises of ethers. 17. SELLERS RESPONSIBILITY. The Seller shall carry an said work an Sell&. own risk unnl the same is fully completed and accaptd, and shall, in ase of my accident, destruction or injury to the work anccor crmaials bet Sellers fact] completion and m niscon, complete be work at Sellers own expense and to the saasfacnon of be Purchases. When materials anal equipment are Founded by ushers for iwallmion or random by the Seller, the Sella shall recrive, unload, :sore and handle same at be are anal become rapossible therefor in though such fterials afdror equipment were being furnished by fie Sella and. be order. 18. INSURANCE. The Sella shall, at his own expeme, Provide for be payment of wokers compensation, including occepatiawl disease benefit, to its employees employed on or in connection with the work covered by fin purchase order, mdior m their dependents in accordance with the laws of the state in which be wok is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contactual and automobile public liability in5um ant with noddy injury and drain, limits of at ]cast 5300,000 nor my one Person, 5500,000 fir any one accident and property damage limit per accident of $400,000. The Seller shall likewise acquire his contractors, if my, to provide for such compensation and insurance. Before any of now Sellers or his contmnon employees shall do any work upon the premises of others, the Seiler shall Finnish the Purchase, with if certificate that such compensation and insurance have ban provided. Such certificates shall specify be date when such compensation and insurance have been provided. Such cenifiates shall specify be date when such compunction and i- expires. The Seller agrees that such compensation and hum ace shall be maintained until oBe, the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the refire r.ponibiliy aril liability far my anal all damme, loss at injury army kind or name wheawever to p.son or p operry named by at resulting from fie execution offe work provided for in fin purchax order or in connection herewith The Seller will inderrauty and hoed harmless fc Purchaser and any or all of the Purehaurs officers, agents and employees fmm and against my and all claim, Iwrs, damages, charges in expewes, whether dived or in iren. and whrtbe, m persons or property an which the Purchase, may be put or subject by reason of my acL action, neglect, omission or default on the pan argue Sella, my of his contractors, or my of the Sellers or contractors officers, agents or empfyses. In ase my suit or other proceedings shall be bought against the Purchaser, or is officers, agents or employees in my time on acwmf or by ratan of my act, action, neglect, omission or default of the Sella of my of his convectors or my of in or thew officers, agents or employs m aforesaid, the Seller hereby agrees ta some the defense therm( foal to defend she some at the Sellers own expense, n pay my and all casts, charges, attorneys firs, and other expenses, any and all judgmens but may be incurred by at obtained against the Purchaser or my of is or their officers, agen s or employees in such suits or other proceedings, and n case judgment or other lira be placed upon or obtained against the property of the Purchasn, or said parties in or in a result ofsmh suits or other proceedings, the Seller will as once cause be some to be dissolved and discharged by giving bond or otherwise. The Seller and his instructors shall take all safety precautions, famish and install all gulls necessary, for the prevention of accidents, amply with ell laws end regulatiow with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 07R014