HomeMy WebLinkAbout191616 DIONEX CORPORATION - PURCHASE ORDER - 3215103PO
PURCHASE ORDER 321510er Page
('117/ of PURCHASE
3215103 t of z
Flirt Collins This number must appear
,�_J`-' on all invoices, packing
sli s and labels.
Date: 01/09/2015
Vendor: 191616 Ship To: WATER QUALITY LAB
DIONEX CORPORATION CITY OF FORT COLLINS
PO BOX 3603 4316 W LAPORTE
SUNNYVAIL CA 94088-3603 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
Ordered
Extended
Price
2015 Blanket Order 1 LOT LS
15,000.00
Water Quality
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
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 DEfAIIS.
Tax exemptions. By stature the City of Fan Coll,. is exempt from state and local taxes. Our Exemption Number is
11. NON WAIVER.
9"502. Federal Excise Tax Exemption Comficam of Registry M-60005g] 6 registered with the Collector of
Failure of the Porchava to insist upon under perfortnanee of Ore terms aid conditions haeaE failure or delay to
Internal Revenue, Deaver, Caloandm (Ref. Colorado Revised Mariana; 1973, Chapter 39-26. 114 (a).
artcise any rights or amMies provided herein or by fun, failure to promptly notify the Seller in the evens of a
broch, the, accep sine, arm payment fro goods hereunder a approval ofthe design, shall trot ml. thr Seller of
Goods Rejected. GOODS REJECTED due to failure m meet specifications, either what shipped or due to defects of
MY of the warranties or obligations of this purchase order and shall rot be deemed a waiver of any eight of the
damage in tarsi% may be remand to you far and and ate not to be replaced except upon receipt of written
purchaser to insist upon strict performance forearm my of its rights or remedies as in my such good, regardless
instructions from the City critter Collins.
of when shipped, received or accepted, as to my prior or subsequent defult hetersall nor shall my purported
real modification or rescission of this rafchau order by the purchaser operem as a waiver of my of the terms
Inspection. GOODS are subject o the City of Fan Collins inspection on arrival.
hereof.
Final Acceptance. Receipt of fe merchandise, services or equipment in response to Nis order can mule in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pan of the City of Fan Collins. However, it is to be understood that FINAL
Seller and the Purchaser recognise that in actual economic practice, overcharges resulting from antitrust
ACCEPTANCE is depeadent upon completion of all appl unite required inspection procedures.
violations are in fact home by the Purchase, Theretoforeforgoodcause and as consideration for executing this
Purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
Freight Terms. Shipments mnst b, F.O.B., City of Fort Collins, IN Wood Sr, Toa Collins, CO 80522, unless
acquired under federal a state antitrust laws far such overcharges relating to the particular goods or services
otherwise spaiful on this order. Ifpem, ou is given to prepay freight and charge separamly, the original freight
purchased or acquired by the Purchaser pursuant to this pmeMse order.
bill most accompany Invoice. Additional charges for packing will not be acppted.
13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacturers have distributing points in vareas parts of the romrry, shipment is
Iffe Purchaser directs to Seller to coned nomronforming Or defective good by a dare to he egleld upon by the
expected from the nmmt distribution point to desrimtiot. tined exeess freight will he dMucied from mvoide when
PurchaseraM Ore Sella, and the Sella thereunder indicates its inability or unwillingness to comply, fro Purchaser
shipments ore made firm gremer distana.
may cause the work m h Performed by the most expeditious ream mailable to it, and the Sella shall pay all
rows aswconted with such wank.
Permits. Seller shall procure at sellers sole cast all mceavery pmnits, manifestos and liceuas required by all
applicable laws, regulations, ordinances and rules of the statq municipality, tenitory or political subdivision where
the work is performed, or required by my other duly constituted public authority having jurisdiction ova the work
of vendor. Seller further agrees to hold the City of Pan Collins; harmless tram and against all liability and loss
incurred by them by crown of an asserted or established violation of any such laws, regulations, oNinan¢s, mies
and eequirtmenm.
Authorimtimv All panics to this contract agree that the represerionwes are, in fact, bona fide and possess full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions smed
herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by
reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
promised delivery dale as acted. Time is of the essence. Delivery and performance most be effaced within the time
stated on the purchase order and the documents attached hero. No an; of the Purchasers including, without
limitation,..Pa. Orleans] late deliveries, shall optimum as is waiver office provision. In the evem army delay,
the Purchaser shall have, in addition to other legal and epr o ble comedies, the .an of placing this order elsewhere
and holding the Setter liable for damages. However, the Setter shall not he fable for damage as a result ordelays
due to mum not rationality foeneeable which ate beyond its reasonable control and without its fault of negligence,
such acts of God. acts ofcivil or military archaddes, gove armand priorities. Bm, strikes, Bond, epidemics, wars or
riots provided that notice 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 event of my such delay, the date of delivery shall be
extended for the period eqml to the time annually lost by reason of Ne delay.
3. WARRANTY.
The Seller warrants that all goods, articles, nationals and work covered by this order will conform with applicable
drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and
performed with the highest degree of care and competence in accordance with accepted similar& for work of o
similar nature. The Seller agrees to hold the purchaser harmless ram any loss, damage or expense which the
Purchaser may sufferor incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make
good, without cast to the purchase, any defeat or faults ansing within one (1) year or within such longer period of
time as may be presmbed by law or by the terra of any applicable warranty provided by the Sella Be,ethe date of
acceptance of the goods furnished hereunder (ecceptemx not t h amersioably delayed), resulting from imperfect
or defective work done or marenals famish l by the Sella. Acceptance Or use of goods by th Purchaser shall not
constitute is waiver of my claim auda this warranty. Except. otherwise provided an this pmrchase Order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wamnties
or gundaatees, but such liability shall in no even, include loss ofp.fia 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 terms by writted change order
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the tams, other than legal moms. including additions m or deletions from
the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such
change affects the amount due or the time off edomance hereunder, on equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at my time by written change order, terminate this agreement as m my or all portions of the
good then not shipp d, subject to any equitable adjustment between the patties as to my work or materials then in
progress provided that me Purchaser shall not be liable for my claims for anticipated profits on the uncompleted
Portion of the good andor work, for incidental or consequential damages, and that m such adjustmrnt be made in
favor of the Sella with respect to any goods which a the Sella stand rd stock. No such formation shall relieve
the Purchaser or the Seller army ofineh obligations as t any goads delivered hereuuder.
). CLAIMS FOR ADJUSTMENT.
A, claim for w1jurtmem mans be examined within thirty (30) days from the date the change or mrmi.tmn is
ordered.
8. COMPLIANCE WITH LAW.
The Sella warrants that all goods sold hereunder shall have ban produced, sold, delivered and Furnished in strct
compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and
deliver such documents as may be required to effect or evidence compliance. All laws and regulations requirai to be
incorporated in agreements of this character at hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the purchaser harmless from all casts and damages suffered by the Purchaser m a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither pay shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the
Frio, written consent of the other party.
10. TITLE.
The Seller warts full, clear roil unrestricted tide to the Puechaser for all equipme , d.terids, arrd items finished
in performance of dds agreemm, Bee and dear of my wet all liens, derrictions, reservations, mainly interest
wemnb.. and claims ofaehers.
The Sella shall release the Purchaer and its c.,.a. of my an from all liability and claims of my .rue
molting from the performance, of such work.
This release shall apply even in the evens of fault of negligence of the party released and shall extend rat fe
directors, officers and employees ofsuch pay.
The Seller's cont icand Obligations, including warranty, shall not be deemed to be reduced, in any way, because
,.on work is p vlearmM or ..it a, be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark
or copyright, me Seller shall indemnify and save harmless the Purchaser firm my and all claims for infringement
by reason of the use of such patented design, device, material or process in connection with the contract, and
dull indemnify the Purchaser for my cost, expense or damage which it may be abliged to pay by reaon of such
infringement at my time during the lamination or after the completion of the work. In onse said equipment. or
any port thereof or me ma ded use of the good, u in such suit held to com mte infringement and the use of
said equipment or pa is enjoined, the Sella shall, at its own expense sail at its option, either procure for the
Purchaur the right to continue using said equipment or pans, replace the same with substantially equal but
noninfnnging equipment, or wedify it w it becomes noninfngivg.
15. INSOLVENCY.
If the Seller shall become insolvent m bankrupt, audit an assigmnent for the benefit of creditors, 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 ofterms used or the interpretation offe agreement and the rights of all parties hereunder shall be
construed under and governed by the laws of the State of Colorado, USA.
The following Additional Conditions apply only in cases where the Sella is as lmbfin work hereuMa,
including the services of Sellers Rormsenmtive(m), on the premises oforhers.
17. SELLERS RESPONSIBILITY.
The Sella shall any. said work at Sellers own risk mull the same is fully completed and trained, and shall,
in case of any accident, destruction or injury b the work ardor materials before Sellers few[ completion and
acceptance, complete the work at Sellers own expense and as to satisfaction of the Purchases. When m ociaH
coil equi,saw are fiunishW by omens far installation or emotion by the Sella, fie Seller shall receive. reload,
store and handle same at the site aM become depomible di refOr as though such materials add or equipment
were being furnished by fie Sella adder th order.
18. INSURANCE.
The Sella shall, at his own expense, provide for the payment of workers compensation, including occupational
disease benefits, to its employes employed on or in connection with the work covered by this purchase order,
an Vor to their dependents in accoMance with the laws of the slate in which the work is to be done. The Seller
shall also carry amprehmsive general liability including, but not limited on, contractual and automobile Public
liability insurance with bodily injury and death limits of to leas, 5300,000 for any one person, E500,000 for any
one accident and property damage limit Per accident of S400,000. The Seller shall likewise require his
contractors, if any, to provide for such compensation and insurance. Before my of the Sellers m his contractors
employees shall do my work upon the premises of others, the Seller shall fomish me Purchaser with a canficam
that such compensation and insurance have been provided. Such certificates shall specify the date when such
compensation aud insurance have been provided. Such certificates shall specifyme date when such compensation
and insurance expires. The Sella agrees that such compensation and insurance shall be maintained until after the
entire work is compkted and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby ass es the entire responsibility and liability fro any and all damage, lass or injury army kind
or .1. whatsoever to persons or psopedy mood by or mulling from the exemtiav ofthe work provided fro in
this purchase order a in cmmeaion hemvith. the Sena will indemnify and hold harmless fe Purchaser and! my
r all of me Purchasers officers, agents aud employees from trialagpws, my and all chime. Ioni discussions.chmga or expenses, whether direct or indirect, add whether to persons Or pmpmy ro which the Prominent may
he Put of subject by rmsan of my act, action, neglect, omission or default on the pon of the Sella, my of his
contractors, Or my of the Sellers or contractors offmcm, agents or employees. In case any suit or other
proceedings shall be brought against the Purchaser, or its officers, agents or cmployas at my time on account or
by reason of my act, action, negla, omission or default of the Sella of my of his ,omissions or my of its or
their officers, agents or employees as aforesaid, the Sella hereby agrees to assume the defense thereof and to
defend the same at the Sellers own expense, to pay any and all costs, charges, moneys fees and other expenses,
any and all judgments that may be incurred by or obtained again, the Purchaser Or my of its or their officers,
agents or employees in such suits or other proceedings, wet in rase judgment m other lien be placed upon or
obtained option the property offe Purchaser, or said pains in or as a result of such wits or other proceedings,
the Sella will at once cause the come to be dissolved cud discharged by giving bored or oherwise. The Seller and
his contractors shall take all safety precautions, famish and install at g.rds necesary, for the prevention of
accidents, comply with ill funs and regulations with regard or safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all rates and regulamors issued pursuant therm.
Revised 07nOI4