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HomeMy WebLinkAbout239286 GE ANALYTICAL INSTRUMENTS INC - PURCHASE ORDER - 3215104Fort Collins Date: 01/09/2015 PURCHASE ORDER Vendor: 239286 GE ANALYTICAL INSTRUMENTS INC 6060 SPINE RD BOULDER CO 80301-3323 PO Number Page 3215104 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: WATER QUALITY LAB CITY OF FORT COLLINS 4316 W LAPORTE 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 uluannry UOM Unit Price txtenaeo 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 Total $6,000.00 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 L COMMERCIALDEfA1LS. Tax exemptions. By smmte the City of Fort Collins is exempt from state and local loxes. Our Exemption Number is I L NON WAIVER. 98-04502. Federal Exciae Tax Exemption Certificate of Registry SA-6000589 is regist ndi with the Collector of Failure of fire Pumhnser to insist upon strict perfomume of the teak, and conditions hereof, failure or delay to format Revenue. Deaver, Colorado (Ref Colorado Raised Sumter 1973, Chapter 39-26, 114 (a). exercise any rights or renedics provided herein or by law, failure to promptly fortify the Seller in the event of a breach, fe aceep. ofor payment fro goads hereunder or approval of du design, shall tot release the Seller of Goods Rejected. GOODS REJECTED due to faihue f meet specifications, cifes when shipped or due in deficits of any of Ore warmntic or Obligations of this purchase order mad shall Out be deemed a waiver of my right of the damage in aansil, may be returned to you for credit and art not to he replaced except upon receipt of written purchaser to insist upon strict performance hereafor my i f its rights or remedies as to my such good, regardless imtsmtiotu from to City of Fon Collins. of wham shipped, received of incepted, as to my prior or subsequent default hereunder, nor shall my parpoded oral modification or madman of this purchase order by the Purc eem, cinemas as a waiver of my of We rem¢ Inspection. GOODS am subject to the City ofFort Collins inspation on normal. hereof. Final Acceptance. Receipt of the merchandise, services Or equipment in response n this order can remlt in IL ASSIGNMENT OF ANTITRUST CLAIMS. amhod>ed Payment on the pan of Or City of Fan Collins. However, it is m be understood that FINAL Seller and the Purchaser raO,i. than in moral ec is practice overcharge resulting form antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations art in fact bomThe by the Purchase, on fino, four good cause and as consideration for executing this produce order, the Seller hereby maiue to the Purchaser any and all claims it my now have or hereaRer Freight Terms. Shipmeak, most be F.O.B., City of ran Collins, 700 Wood St, Van Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular good or services otherwise specified oa this outer. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase orde, bill must aaompany invoice. Additional charges for parking will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is IfOr purchases directs the Seller to coven nonconforming Or defective good by a date to be agreed upon by the expected from the nearest distribution paint m destination, and excess freight will be deducted from Invoice worn Purchaser and the Seller, and the Seller dwreaRe indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distance- may came the work to be performed by the most expeditious memo available to it, and On, Seller shall pay all cook, associated with such work. Permits. Seller shall Fracture at sellers sole cast all necessary pnmits, modicum and licemes required by all applicable laws, regulations. Ordinances and toles of the state, municipality, territory, or political subdivision where Or work is Performed, or required by my other duly, constituted public authority havingjuriedictlo t over the work of vendor. Seller fuller agrees to hold the City of Fort Collins hannles from and against all liability and loss informal by them by reason of an asserted or c tablished violation army such lases, regulations, oMinances, roles and requimnrnk,. Authonuatim. All panic to this contract agree that the reprt nmtives are, in fact, boor fide and possess fall and omplee authority to bind said pmirs. LIMITATION OF TERMS. This Purchase Order expreedy limits mceptance to the tams and conditons stated herein set forth and any supplementary or additional terms and conditions annexed hereto w incoryomted herein by reference. Any additional or diffemm mom and conditions proposed by seller arc objected to and hereby rejected 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make cnmplete shipment to active as your promised delivery date as acted. Time is of the esseme. Delivery and performance must be effected within the time stated can the purchase order and the documents attached hereto. No arcs of the Purchumm including, without limitation, acceptance of paniml late deliveries, shall opemm es a waiver of this powisim. Ia the evem cf any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such ark, that acts of civil or military authorities, govemmmml priorities, Brea, stdkea, Baud, epidemics, wars or riots provided that notice re the received nowle ge itug such delay u given to the Purchaser within five (5) days of the time when the Sella fiat received knowledge thereat. In the event of my such delay, the dam of delivery shall be extended for he period equal an the time azmUly lost by reason ofthe delay. 3. WAFUbUgTY. The Seller warrants that all goads, micles, nowenels and work covered by this rime will conform with applicable drawings, specifications, sample aMfor other descriptions given, will be fit for the purpose intended, and performed with the highcsr degree of ere and compramer in mwmance with accepted standard for work of a similar nature. The Seller agrees to hold the purchaser hmnd. from my loss, damage or expene which the Purchaser may sufm or incur on account of the Sellers breach of wmmnty. The Seller shall replace, repair or make good, without coma fire pumhaser my defect, or Ends losing within one (1) year at within such longer proud of time as may be prescobed by law or by the It. of my applicable warranty provided by the Seller arm the date of acceptance of the good famished hereunder (nominative not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of good by the Purchaser else[] not trombone a waiver of my claim under fit wammty. Except m otherwise provided in this purchase order, the Sellers liability hereunder shall extend ro all damages proximately doused by the breach of any of be foregoing warn ion or guarantees, but such liability shall in no event include loss of profits or loss of me. 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 wnnen change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changrs to the term, other fan legal terra, including addition, to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or walurn change order. If my such change affects fie amount due or the time ofperfommnce hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may et my time by wham change ceder, tmentute fit egredment as to any or all pordnns i f fie goods risen tot shipped, subject m my Wuimble adjustment between tc pubs as to my work or materiaB tea in pmgrss provided tat the Purchase shall Out be liable fro my claims for anlwipxted profits on fie mcomplefed Portion of the goad mrNar work, for incidenul or comequeatial damages, and Out m such adjasnnent be made in favor of the Seller with respect to my goods which ere the Sellers smndam stuck. No such termination shall relieve the Purchaser at the Sella of any of their obligations as n my good delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjuatmrnr most be asserted within thury (30) days from the dam the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and fumished in suff compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliver such documents as may be required to effector evidence compliance. All laws and regulations required to be ncorporated in agreements of this chamder are hereby incorporated herein by this reference. The Seller agrees in indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchase as a r<sulr of fie Sellers failure to comply with such law. 9. ASSIGNMENT. Neither Forty shall assign, transfer, or convey this aide, or my monies due or to become due hereunder without the prior wnnm consent of the other party. 10. TITLE. The Seller wmmns fall, clear and unrestricted title anthe Purchaser for all equipment, mancnek, and items furnished in performance of this agreement, Bee and clear of my and all liens, restrictions, rtsevadona, security interest encumbrances and claims nfodam, The Sella shall release the I'mulauser all its can... of my tier from all babiliry and claims of my nature resulting from the performance ofauch work. This release shall apply even in the event of fault of negligence of the party released rand shall extend to the directors, officers and employees of such parry. The Sidlels contmctnal obligations, including wermnry, shall not be deemed to be reduced, in my way, because such work is performed or caused to be performed by the Pumhazer. 14. PATENTS. Wbenn'er the Seller is required to use my design, device, material or process covered by loner, patent, trademark or copyright, the Seller shall indemnify and save harmless to Purchaser from my and all claims for infn'ogement by reason of the use of such patented design, device, material or process in connection with the conduct, and shall indemnify the Purchaser for any cast, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or arm the completion of the work. In cam said equipment, or any pan thereof or the intended use of the good, is in such suit held Of constitute infringement and the use of said equipment or pan is calcined, the Seller shall, at its own expense and at its option, either poreme for the Purchaser the rig, to continue using said equipment or parts, replace the same with substantially equal bur noninfnnging equipment, or modify it so it becomes noninfnnging. 15. INSOLVENCY. If the Seller shall become function, or bankrupt, make an assigm¢at for the brnefit of creditors, appoint a receiver or manta for any of the Sellers properly or business, this Omer may forthwithbe canceled by the Purchases without liability. 16. GOVERNING LAW. The definitions oftems meal or to interyretation of the agreement and the rights of all panic heremder shill be emsaucd under aed governed by the laws ofte Smn ofColoredo, USA. The following Additional Conditions apply only in cases where tln Seller is to perform work heremdm including fie scri Of Sellers Representative's), on the premises Ofod es 17. SELLERS RESPONSIBILITY. The Seller shall tarty on mid work al Sellers own risk until the stone is fully completed end accepted, and shall, in case of any xmidenL dradwo on or injury to the work andor materials before Sellers final oun,br m and azceprce, complete the work at Sellers own expense and m the satisfaction of the Purchaser. When materiaB and equipment me famished by others for installation or erection by the Seller, the Sella shall receive, unload, store and handle same at the site and become responsible ferefor as though such materials andror equipment were being finished by the Seller under the order. 18. INSURANCE. The Seller shall, at his awn expetsse, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with Or work covered by this purchase Omer, and/or Ito their dependents in accordance with the laws of the sire in which fe work is to be done. The Seller shall also carry comprehamsive general Iiability includin,, but not limited to, contractual and aumnmbile public liability insurance with badly injury and death lindts of. lean 5300,000 fro any one person, 5500,000 Or my one accident and property damage limit per accident of SPOR000. The Seller shall likewise require his comrades, if any, to provide for such romper annot and i.m. Before my of the Sellers or his ma.m.. employers shall do any work upon the premises of others, the Seller shall Roush to Purchaser with a vindicate Oat such compemation and insurance have been provited. Such cuf ifimtes shall specify the date when such omprnsation and insurance have been provided Such certificate shall specify to dace when such mrmsevis an and insurance expires. The Seller agrees Out such compensation anal imurence shall be tminmimd mdl after the more work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assume the entire responsibility add liability for my and ell damage, loss or injury army kind or name whatsoever to persons or property caused by or resulting from Or execution of the work provided fro w this purchase Omer or in connection herewith. The Seller will indemnify and hold beardless the Purchaser and my r all of the Purchasers officers, agents and employees from and against any and all claims, lasses, damages, charges or expenses, whether dirty or indirect, and whether f persons or property to which thc Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his cmmoslurs, or my of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall b, brought against the Purchase, or its officers, agents or employees at any time on account or by rtawn of any act, action, neglect, omission or default of fie Seller of my of his contractors or any of is or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense theeef all to defend the same at fe Sellers own expense, to pay any and all casts, charges, atfmcy5 fees and offer expenses, my and all jud,wass tat may be incurred by or obtained against the Purchase or any Of its err their arguers, agents or employees in such suits or other proceedings, all in case judgment or other lien he placed upon or obtained against the property of the Purdhmer, or said ponies in or in a result of such soil or other proceedings, fe Seller will at tom cause the same to b , dissolved all discharged by giving band or m erwiss. The Seller and his comradors shall take all safety precautions, furnish anal install all guard necessary for Or prevention of accidents, comply with all laws and regulations with regain to safety including, but without limitation, the Occupational Safety and Health An of 1970 aed all rates all regmztions issued parsmm thereto. Revised 07 nol4