HomeMy WebLinkAbout123610 IDEXX DISTRIBUTION CORP - PURCHASE ORDER - 3215105Fort Collins
Date: 01/0912015
Vendor: 123610
IDEXX DISTRIBUTION CORP
ONE IDEXX DR
WESTBROOK ME 04092-2040
PURCHASE ORDER
PO Number Page
3215105 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 Vuanacy UOM Unit Price txcenaea
Ordered i Price
t 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
15,000.00
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
1. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fart Collins is; exempt fmm state and local taxes. Our Exemption Number is
11. NONWAIVER.
98-04502. FNeral Excise Tax Exemption Certificate of Registry 8445000587 u registered with the Collator of
Failure of the Purchaser to insist upon slrin pert ice of the term and wndltims bermf, failem or delay to
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Sodium 1973, Chapter 39 26,114 (a).
m ise any rights or remalms provided herein or by law, failure to promptly tarry the Seller in the evens of a
breach, the xreptaae of or payment for goods baeundem or approval of the design, shall not release the Seller of
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when sbippal or due to defers of
any of the warranties or obligations of this numbers, order and shall ram M deemed a waiver of any right of the
damage in transit, may he refined to you for credit and art not to be replaced except upon receipt of wrinen
Purchaser to insist upon strict performance Manor any of its rights or remedies is to any such good, regardless
instructions fmm the City of Fort Collim.
of wham shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported
am[ modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms
Inspection. GOODS we subject to the City of pan Call ins inspection on arrival.
hereof.
Final Aaeptaoce. Receipt of the merchandise, services or equipment in responew to this order can result in
12, ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the part of the City of Pon Callas, However, it is to M understood that FINAL
Seller and the Purchaser recognize that in xmal economic practice, overcharges resulting from antitrust
ACCEPTANCE is dependent .,an completion afall applicable required] inspection procedu w.
violation are in fact home by the Purchases. Theretofore, for good come, and to considemtio t for executing this
pmcRase order, the Sella hereby assigns to the Purchaser any out all claims it may now have or Member
Freight Towns, Shipments most M F.O.B., City of Fon Collins, 700 Wood St, Fort Collins, CO 80522. unless
acquired undo federal or state antitrust law: for such overcharges existing b the particular goads or services
otberwi w s waked on this order. If permission u given to prepay freight and charge sepamody, the original freight
purchased or acquired by the Purchaser permanent to this purchase order.
bill most xmmp ery invoice. Additional clefil for pwking will rot M accepted.
Id]. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Whom ..ofacmms have distributing paints amours pans of the country, shipment is
Ifthe Purchaser directs the Seller to mired formonforming or defertive goods by a daze to M agreed upon by the
expected fmm the nearest di mmoon point to destination, and excess freight will M deducted from Invoice when
Porches. and the Seller, and the Seller thereafter indicates its inability or unwillingness m comply, the Purchaser
shipments are made from greater distance,
may cane the work W be performed by the .1 expedtiom mess available to it, and the Seller shall pay all
costs nsociatal with such work.
permits. Seller shall procure at sellers sole cast all necessary Famous, certificates and licenses required by all
applicable laws, regulations, ordinances and roles ofthe state, municipality, territory or Political subdivision where
the work is perfarmM, or required by any other duly consomled public authority having jurisdiction over the work
of vendor. Seller further agrees to hold the City of Fon Collins harmless from and against all liability and loss
incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, roles
and requirements.
Authorization. All parties to this contract agree that the representatives are, in f L bans fide and po.. full end
complem outhoriry W bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits sampmace to the terms and conditions stated
Mein an (firth and any supplementary, or additional forma and conditions annexed hereto or incorporated brain by
reference. Any additional or different tortes and comarom pro oal by seller are objected to and hereby rej.al.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on yore
promised delivery date as noted. Time is of ale essence. Delivery and performance must he effected within the time
statal on the purchase order and ale documents meachcd hereto. No acts of the Purchasers including without
limitation, acceptance of partial lam deliveries, shall Wrote as a Waiver ofthis provision. In the event of any delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option affluent, this order elsewhere
and holding the Seller liable far damages Howevm the Seller shall not be liable far damages o .result of delays
due to causes not reasonably foreseeable which are beyond its reasonable central and without its fault of negligence,
such is of Gad, acts afmal to military authorities, governmental prior ins, fires, strikes, flood, epidemics, wars w
now provided that notice of the conditions causing such delay is given to ale Purchaser within five (5) days of the
time whm the Seller first received knowledge thereof. In the event of any such delay, the dam of delivery shall M
extended for the period equal to the time actually lot by reason of the delay.
d. WARRANTY.
The Seller womnts that all good, article, materials and work covered by Us order will conform with applicable
drawings, specifications, samples similar other descriptions given, will M fit for the purposes introdal, and
performed With the highest degree of care and enmpetexe in accordance with accepted sardarts for work of a
similar arms. The Seller agrees to hold the purchaser harmless fmm any loss, damage or expanse which the
Purchaser may sulfa or incur on account of thc Sellers branch ofwarranty. The Sella shall replace, repair o make
good, without cast to the purchaser, any defects or f Ira arising within one (1) year or within such longer period of
time as may M prescribed by law or by the rams ofmy applicable wanmnry provided by the Sella after the date of
acceptance of the goods famished bomander (acceptance not to M ummanably delayed), resulting from imperfect
or defective work done or materials famished by the Seller. Acceptance or use of good by the Purchaser shall not
constitute a waiver of any claim under this wamnly. Except as otherwise provided in this purchase otdem the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties
or guarantees, but such liability shall in no event include loss ofpmfils or lass of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
no Purthuer may make changes in legal tears by wrten change order
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, otMr than legal .emu, including addition to or deletion fmm
the quantities originally ordered in the spaificationa em drawings, by valued or wntim change order. If any such
change affects the amount due or the time ofperformaxe haeunda, m rynimblic adjustment shall M made.
6. TERMINATIONS.
The Purchaser may at any time by wnnen change order, terminate this agreement as to any or all poniom' of the
goods then not shipped, subject to any equitable adjustment betwem the parties as to any work or materials then in
progress provided that the Purchaser shall not be liable for any claims fro anticipated profits on the uncompleted
portion of the good orator work, for incidental or mnequential damages, sad that no such adjummrot so made in
favor of the Sella with respect o any goads which are the Sellers standard stock. No such termination shall schove
the Purcbxer or the Sella crony of their obligations as to any goods delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for mijusnnew most IN assumed within thirty (50) days fmm the date the change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Sella warrens that all goods said hereunder shall have Men produced, sold, delivered road f rmishal in am,,
compliance with ell applicable laws and regulations m which the goads are mUea. The Seller shall execute and
deliver such documents as may M required to a fxt or evidence compliance. All laws and regulations required to M
incorporated in egr<mma of this character ate hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless 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 shut] assign, transfer, or convey this order, or any monies due or to become due hereunder without the
prior written consent ofthe offer pi
10. TITLE.
The Sella warrants full, clear and unrestricted title to the purchaser fm all Nuipment materials, and items famished
in perfn. of this ageemeo, from and stem of any and all lierw, restriction, res 6., secvnty interest
mcumbmnces and claims a f others.
The Seller shall release the Purchaser and its contractors of any for from all liability and claims of any nature
resulting fmm the performance ofsuch work.
This release shall apply even in the event of fault of negligence of the party famed and shall extend to the
directors, officers and employees ofsuch parry.
The Seller's contractual obligations, including warranty, shall not M deemed to M noticed, in any way, because
such work is performed w caused to M performed by the Funchxer.
14, PATENTS.
Witenever the Seller is summit to use any design, device, emend ar process coastal by lever, patent, trademark
bpyrthe Seller stall indemnify and cave lawless the Purolator from any and all claims for infringement
y wigh4 meson or the use or such parroted design, device material or process in wmecma with the course., and
shall indemnify the Purchaser for any cost, expense or damage which it may M obligal to pay by meson of such
infringement at any time during the prosecution or after the completion of the week. In ease said equipment, or
any pan hereof or the imended use of the goods, is in such aui, held a comrimm mfnn,.em and the use of
said equipment or part is enjoinal, the Sella shall, st ifs own aftenu and at its option, either private far the
Purchaser the fight to continue using said equipment or parts, replace the same with substantially equal but
noninfr'nging equipment, or modify it so it becomes noninfn'nging.
15. INSOLVENCY.
If the Seller shall become insolvent or mend mpt, make an assignment for the benefit of creditors, appoint a
exceiva err trustee for any of the Sellers property or business, this order may forthwith M material by the
Purchaser Without liability.
16. GOVERNING LAW.
The definitions orates uaed or the assetprearoa afire agreement and the rights of all parties hereunder shall be
coomred under and governed by the Taws ofew Sate of Colorado, USA.
The following Additional Conditions apply only in cases where the Sella is to perform work hereunder,
including the services of Sellers Rewereamtive(s), on the premises afothcm
19. SELLERS RESPONSIBILITY.
The Seller shall tarty on said work at Seller's awn risk until the same is fully completed and accepted, and shall,
in are of any accident, destruction or injury to the work unfair materials before Seller's I=] completion and
acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials
and equipment are famished by others for installation or erection by the Sella, the Sella shall receive, unload,
store and handle same at the site and become reeponsible therefor as though such nationals anfor equipment
were being furnished by the Seller unda the order.
18. INSURANCE.
The Sella shall, at his own examine. provide for the payment of workers eampere Lion, including occupational
disease benefits, to its employees employed on or in connection with the wok covered by this purchau order,
mfpr to their dependenu in xam ace with life laws of the sate in which the weak is no M dine The Sella
shall also cony eomprehenive natural liability including, but not limited m, conterma d and automobile public
liability inurance with bodily injury and do th limits of err least S300,000 far any one person, i500,000 for any
one accident and property damage limit per accident of 5400,000. The Sulfa shall Howes, require his
contractors, if any, to provide far such wmpersation and inumnce. Before any of the Shc. or his corroders
employees shall der any work upon the premises of others, the Seller shall famish the Penchi with a certificate
that such compensation and insurance have ban provided. Such certifiwtes shall specify the date when such
compensation and insurance have ban provided. Such certificates shall specify the date whom such compensation
and insurance expires. The Seller agrees that such compensation and insurance shall M maintained until enor the
entire work is complete and wanted,
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella hereby assumes the entire responsibility and liability for any and all damage, Los or injury afany kind
in nature whatsoever to persons or property, caused by or resulting drum the execution of the work provided for in
Us purchase order or in connection herewith. The Sella will indemnify and Mid hamless the Purchaser and any
or all of the Purchase officers, agents and employees form and against any and all claims, losses, damages.
charges or expenses, whether direct or ndirea, and whether to persons or property to which the Purchaser nay
bu put or subject by season of any act, action, .,[a,, omission or default on the pas of the Seller, any of his
co nsfac s, or my of the Sell. no contractors officers, .'rots or employers. In case my suit w other
proceedings shall M brought aspirut the Purchases, or its of umn, egroa or employees at any time on numerical or
by reason of any act, notion, neglect. omission or default of the Seller of any of his contractors or any or its or
their offic., agents or employees as aforesaid the Sella hereby agrees m assume the der thereof and to
defend the some at the Sell. own expense, to pay any and all costs, charges, anomeys fees and niter expenses,
any and all judgments that may he incurred by or obtained agaiot the Purchaser or any of its or their officers,
agents or employees in such suits or other proceedings, and in case judgment or other lim M placed upon or
obtained against the property of the Purchaser, or said parties in or so a result of such suits or other proceedings,
the Seller will at once cause the some to be dissolved and dischargai by giving bond or otherwise. The Sella and
his contractors shall sake all safety precaution, boom and install all gcard necessary for ale prevention or
accidents, comply with all laws and regulations With regard to safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all mles and regulators; issued pursuant thereto.
Revised OM014