Loading...
HomeMy WebLinkAbout108918 AIRGAS INTERMOUNTAIN INC - PURCHASE ORDER - 3215102Fort Collins PURCHASE ORDER 321610er Page 215102 lofz s number must appear all invoices, packing Date: 01/09/2015 Vendor: 108918 Ship To: WATER QUALITY LAB AIRGAS INTERMOUNTAIN INC CITY OF FORT COLLINS 305 AIR PARK DR SUITE 2 4316 W LAPORTE FORT COLLINS CO 80524 FORT COLLINS CO 80521 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 Water Quality 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 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 Ciry of Fan Collie is exempt from same and ]coal taxes. Our Exemption Number s 11. NONWAIVER. 98,04502. Fderal Excise Tax Exemption Cmificme of Registry 8C-6000587 is tegistetM with me Collator of Failure of she Purchaser to insist upon inner performanm of the team and conditions hereof, failure or delay to Internal Rcvcnuq Denver, Caloada (get. Colorado Revised Smwtes I973, Chapter 39-26.114 (a). exercise any rights or remedies provided herein or by law, failure to promptly ratify We Seller in the event of a breach, the accepmnee of or paymrnr for goods bereander or approval of the design, shall nos nitrate the Seller of Goods Rejected. GOODS REJECTED due to failure to am specifications, either when shipped or due to defecs of any of the wamntier as obligations of this purchase order and shall rut be deemd is waiver of any right of do, damage in tonsil, may be returned . you far credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of its rights or remedies as many such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hamoader, nor shall any purported anal modification or rescission of this purchase unfair by the Purchaser minute as a waiver of my of the reams Inspection. GOODS are subject to the City of Fan Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the from of the City of Fan Collins. However, it is to be understood that FINAL Seller and the Punchiest amognize Nat m actual s is practice, overcharges msontog from anti uvt ACCEPTANCE is depandem upon completion of all applicable atapo d i-Exa,lion pacedures. violations art in fact home by the Purchaser. Theretofore, for cause and as comideation for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it troy now have or harea0er Freight Teton. Shipments mum be F.O.B., City of Fan Collins, 700 Wood Sr., Fan Collins. CO 80522. unless acquired under federal or sate antitrust laws for such overcumgu retailing to fie particular goods or services otMrwise specified on this ardor. If permission is given to prepay freight ad charge separately, the original freight pmv1mwd or ov"iaed by the Poo ucto, pursuant to Nis purchase under. bill most accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manifutorers have dimibuting points in various parts of the mumry, shipment is If she purchaser directs the Seiler to coaaem sormanf ing or defective goods by a date to be agreed up on by the eapectd Tom the aimed distribution paint or dedication, and excess freight will be, dduned from Invoice whom Purchaser and the Seller, and the Sit dwaraRer mificros its inability or unwillingness to comply, fie Purchaser shipments are made from greater distance. may cause the work to be perf d by the most expeditious means available to it, and the Seller shag pay all cuss associated with such work. Penis. Sella shall procure at sellers sole cost all necessary permirs, cenifiwes and licenses required by all applicable laws, regularions, ordinances and rules of the state, municipality, territory or political subdivision wtiere the work is perfrmd, or required by any other duly constured public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of ran Collins harmless from and against till 1 miry and loss asserted by them by reason of an assed or esmblishd violation of any such laws, regulations, ordinances, ales anti aquimmenrs. Authorization. All parties to this contact agree that the epreamo ivs are, in fact, boars fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressty limits acceptance to the terms and conditions stud herein set Earth and any supplementary or additional tams, and conditions aanexd hereto or incorporated herein by reference. Any additional or different learres and conditions Proposed] by seller are objected to and hereby aijeced. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot Ounce complete shipment to arrive an your promised delivery dote On noted Time is of the essa.. Delivery and performance mtut fin effected within the time staid on the purchase tanker and the documars awchd hereto. No acts of the Purchasers including, without limitation, acceptance Of panial late deliveries, shall operate, as a waiver of Nis provision. In the event of any delay, the Purchaser shall have, in addition to other legal and qulmble readies, the option of placing this ordr, elsewhere and holding the Seller liable for damages. However, the Seller shall nos Its, liable for damages as a result of delays due to causes not reamnably foreseeable which are beyond its reasonable comad and without its fault of negligence, such acts of Gad, acts Ofcivil or military authorities, governmental priorities, fires, strikes, Rod, epidemics, wars or riots provided that notice of fie 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 her extended for the period equal to the time actually lost by reams, ofine delay. 3. WARRANTY. The Seller warrants that all Scads, articles, materials and work covered by this order will conform with applicable dowings, specifications, sample andtor other descriptions given, will be fit for the purposes indicated, and performed with the higher degree of ram and competence in accoNance with sapid standards for work of is imilar nature. The Seller agreas to hind the purchases harmless from any loss, damage or expense which the Purchaser may suffer m incur an account of the Sri). bench ofwarri The Sellershall replace, neon or make good, without cost to the purchazer, any defect or finals arising within one (I) year or within such longer periad of time as may be pmscribd by law or by the terns of my applicable warranty Provided by the Seller after the date of acceptance of fe goods fmished hereunder (acceptance not to be unfircu ably delayed), aesulling from imperfect or defective work done or materials famished by the Seller. Acceptance Or use of goods by the Purchaser shall not mtnitute a waiver of any claim under this warranty. Except u m1numic provided in this purchase aide,, the Sellers Liability hereuOder shall extend to all damages poximatdy..,ad by the breach of any of the foregoing warranties or guamntres, but such liability shall in no 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. The Purchaser may make changes to legal tanm by wrten change order. S. CHANGES IN COMMERCIAL TERMS. The Pucbaser may make any changes to the terms, other than legal teams, including ailkint rs to or delaiom from me qumtilis originally ordered in the spccifiatiom or duwings, by verbal or cadre. change mile,* If any such change affects the amount due or the time ofp.formance hercund., an equitable adjustment shag be mods. 6. TERMINATIONS. The Purchaser my at any time by wrinen change urger, terminate Nis agreement to to any or all punions of the goods then not shipped, subject to any quirable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for arty claims for anticipated profits oa the uncompleted portion of the goods and/or work, for incidental or consequential damage,, and that no such adjunmcm be made in favor of the Seller with respect to any goods which me the Sellers sandank stock. No such instruction shall relieve the Purchaser or the Seller ofany of their obligations u to any goods delivered hereundet. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjuamit most be assisted within firy (30) days from the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller wamns that all goods sold hareunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods an subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations aquired m be incorpoatd in agreements of this character a2 hereby incmpooed herein by this eferenm. The Seller ages to indemnify and hold fie Purchaser harmless from all toss and damages suffered by the Purchaser u a asuh of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or to become due hereunder without fe prior written consent of fie infer, party. 10. TITLE. The Seller contains, fWl, clear and unrestricted title to the Puahas. for all equipment, materials, and items furnished in performaus of this agreement. Rea and clear of any and col liens, rcsmcrlons reservations, security interest mcumbaana xcex toed claims ofoNets. The Seller shall release the Purchaser and its contractors of any tier Tom all liability and claims of any noture resulting man the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, olfimrs end employees Ofsurh party. The Sellers contractual obligations, including warranty, shall not be deemed to he educed, in any way, because such work is pert d or caused to be performd by the Purchaser. IC PATENS. Whenever the Seller is rrquired 1st use any design, device, material or pmmss covered by ]cues, patent uadrnark or copyright. the Seller shall idemnify and save harmhss the Purchaser farm any and all claims for infringement by mason of the use of such patented design, desire, material or process in connection w is the contmn, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the protection or after the completion of the work. In case said equipment, or any part thereof or the intended use of the goods, is in such suit hdd or constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replan the same with substantially equal but noninfringing equipment, or modify, it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, rake an assignment for the benefit of creditors, appoint a reddver or tone for any of the Sellers property or business, this order may forthwith be anceld by the Producer without liability. 16. GOVERNING LAW. The defdtions oFla. used as the mosparamn ofthe agreentenl and the rights of all parties hereunder shall be coattrued under and Lp vmrd by the laws of Ore Sate mfCaloo la. USA. The following Additional Conditions apply only ill asses where die Sell. is to Pont. work hereunder, including the servic. of Sellers Represmativeb), an the premiss oforhers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is Silly completed and accepted, and shall, in se of any accident, destruction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials sad equipment are furnished by others far installation or mactian by the Seller, the Seller shall receive, unload, same and handle same at the site and become responsible therefor as though such materials andtor quipmem were being famished by the Seller under the tanker. 18. INSURANCE. The Seller shall, in his own anti me, provide for the payment orworkars camper. don, including Occupational disease betrefirs, to its employers employed on or in correction with the wont covaad by this purchase order, arMrm to their dependrnrs in sccoadance wins the laws of the sate in which the work is to be done. The Seller shall also nary comprehensive general liability including, but am limited to, contractual aud automobile public liability insuance with bodily injury end death limns of m lour $300,000 for any now person, 5500,000 for any one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his contractors, if my, to provide for such compensatiou and immmce. Before any of the Sellers ar his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a mniBrate that such compensation and insurance have been povided Such mnificma shall specify the date when such compensation and insurance have been Provided. Such cedificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until no, the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby usumu the entire responsibility and liability for any and all damage, loss or injury of my kind or nature whomever to persons or progeny caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless fie Purchaser and any or all of the Purchasers officers, agents and employes from and against any and all claims, lour, damages, charge or expenses, whether direct or indiaect and whether to person or property to which the Purchaser may be put or subject by eamn of my xt action, madem, omission as default on the pan of the Seller, any of his contractors, or any of the Sellers of co .. officers, agents or employees. In mse any suit in ather proceedings shall be brought againal the Purchaser, Or its officers, agents at maplayees at any time an account or by reason of any act, action, neglect, omission or default of the Seller of tiny of his coammus, or any of its in their afluers, agents or employees as aforeuid. the Seller hereby ogres to assume no defense therof mad to defend the same at the Sellers own expense, to pay my and all cons, changes, mtomeys fees and other expenses. any and all judgments that may be incurred by or obtained against the Purchaser or any of is or their oRcars, agents or employees in such suits or other proceedings, and in case judgment or other lim be placed upon or chained against the propeny of the Purchu., or said panic in or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Sella and his contractors shall take all safety precautions, famish and insrall all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety not Health Act of 1970 and all sales and regulations issued pursuant themo. Revised OM014