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HomeMy WebLinkAbout347159 SCIENTIFIC SPECIALTIES SERVICE INC - PURCHASE ORDER - 3215107PO PURCHASE ORDER 321510er Page C117/ of PURCHASE 3215107 1 of z ' `t Collins lins This number must appear V IL` on all invoices, packing sli s and labels. Date: 01/09/2015 Vendor: 347159 SCIENTIFIC SPECIALTIES SERVICE INC ACCOUNTS RECEIVABLE 7201 STANDARD DR HANOVER MD 21076-1322 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 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. 'ylr/,'>I,i 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 4,000.00 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. COMMERC1ALDETAILS. Tax exemptions. By some the City of Fart Collins 0 exempt had same and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Cmifimte of Registry 84-6000587 is morered with the Collector of Failure of the Pumhamr to insist upon strict performance of the tees and coMitirse hereof failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Stamm 1973, Chapter 39.26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of., payment for goods hereunder or argument of the design, shall not release the Seller of Good Rejected, GOODS REJECTED due to failure to meet specificarions, either when shipped or due to defects of any of the warranties or obligations of this purchase .,it,, and said not be deemed a waiver of any right of the damage in trauip may as, mtumed to you for credit and are not to h replaced except upon receipt of wrinrn purchaser to insist upon strict performance hereofor any of its rights Or mirages of to my such goods, regardless inawclim, from the City of To. Collins. of when shipped, received or accepted, re to any prior or subsequent default hereunder, Our shall my purpmed am[ modification or rescission of this purchase order by the Purelusn .,me as a waiver of my of the tams lupection. GOODS arc subject to the City of Fort Collins inspatim m semrd. hereof. Final Acceptance. Receipt of the merchandise, seervierw or equipment in response to this order an result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. mthoriud payment oa the part of the City of Fort Collins. However, it is to be undattoad but FINAL Sella and the Purchaser recognize that in actual a is practim, merchages moulting from antitrust ACCEPTANCE is dependent upon comptnim of all applicable required inspection procedures. violations mein fact tame by the Purchase, Thadofore �foagood cause and as consideration for executing Ida purchase order, the Sella hereby assigns to the Purchaser my and all claims it may now have or hereafter Freight Terms. Shipments must be RON,, City of Fort Collins, 700 Wood St., Fail Collins, CO 80522, unless acquired under federal or sloe ammmt laws for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is give. to prepay freight and charge sepamody, the original freight purchased or acquired by the Purchaser Turnout to this purchase order. bit most accompany invoice. Additional charges for fading will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where rnanufactuders have distributing points in cariau parts of the country, shipment is If the Purchaser direct the Sella to correct nonconforming or defective goods by a date to be agreed upon by the expected f the named distribution point in destinarion, anal excess freight will be deducted from Invoice when purchaser and the Sella, mail the, Sella thereafter indicate its inability or tmwillingness to comply, the Purchaser shipments arc made firm greater dismme. may cause the work to be performed by the most expeditious meets available to it, and the Seller shall Pay all costs associated with such work. Permits. Seller shall procue at sellers sale cost all na., permits, certificate and license vquired by all applicable laws, regulmaons, ordinances and males of the state, municipality, territory, or political subdivision where The Seller shall release the Purchaser and its contractors of any ran fmm all liability and claims of any mtwe the work is performed, or required by my other duly constituted public authority having jurisdiction over the work resulting from the perfomamce of such work. of vendor. Seller further agree to hold the Cary of Fart Collins harmless from and against all liability and loss by them by reason of an asserted or established violation of any such laws, regulations, ordinances, males This release shall apply even in the event of fault of negligence of the parry released and shall extend to the endurted requitemms. directors, officers and employee ofsuch party. AurMvatim. All ry.a. w this cm. agree for the re ramunivu an, in fuel, Form fide and possess fall and The Sellers terminal obligations, including wammty, shall Out be, do m,[ to b , reduced, an my way, because ..,file mshonry m band said panics. such work is performed or mood m be performed by the Purchaser. LIMITATION OF TERMS. This purchase Order expressly limits acceptance 1. the temu and tenditims shaped herein set forth and my supplementary or additional terms end conditions emexed hereto or incoryonted herein by reference. Any additional or diReunm terms and conditions proposed by seller are objected mend hereby mated. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive oa your promised delivery date as noted Time is Of he essence. Of icery and performance must be effected within the time stated on the purchase aide, and she dreamens eI hcd herein. No acts of the Purehuen .]ud,.,, w derma limitation, accepmme of partial late deliveries, shall operate as a waiver of tha provision. In the event ofmy, delay, she purchaser stall have, in addition to order legal and equitable remedies, the option of placlng thls order elsewhere and holding the Seller liable far damages. Houma, the Sella shall no, be, liable fen damages as a result of delays due to ratem not mrso nably fume able which sre beyond its reasonable conaol and without its fault of negligence, such acts of Gad, acts of civil or military authondes, govemmmel prionam fires, stoke, nand, epidemics, wars or riots pmvided dust notice of the condtions 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 doe of delivery shall be extended for the period equal 10 the time i candly Im, by reams of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and woA covered by thus order will conform with applicable drawings, specifications, samples mWor other descriptions given, will be It, for the purposes intended, and performed with the highest regret, of rare and competence an acmNanee with accepted stadmd far work of a imilar nature. The Sella agree to hold the purchaser harmless From my loss, damp, m experue which the Parchanuartery suffa m mcur on accoms edf the Sellers breach of warranty. The Sella shall rrylace, repo ar or make good, without cuuo the purchaser, my cobras or faults arising within me (1) year or within such longer period of time as may be prescribed by law cr by the it. of any applicable wamanry provided by the Sella after the dam of acceptance of the goods fumrshcd hereunder (acceptance not to be umeamnably delayed), resulting from imp rf t or defective work done or materials famished by the Seller. Acceptance or use of goads by the Purchaser shall not constitute a waiver of my claim under this warranty. Except as otherwise provided in this purchase oMer, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the forcgoang warrantle or guarantees, but such liability shall in no event include Ion of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The pardoner may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal tmu, including additions m m &term. from ,be tonfifirs originally ordered m the specifications or drawings, by vatbal or written change order. If my such change affeds the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6.TERMINATIONS. The Purchaser may at my time by written change order, terminate this agreement as to any or all portfns of the good then not shipped, subject to my equitable adjustment hbvxas the parties as to my work or mated& then in Progress provided gust ra, Pumlecor most not be liable for my claims for mitigated profits m the mcomplded portion ofthe good method work. for Occidental or consequential damages, anal that no such adjusmrmt be nude in favor of the Sella with spat to my good which ate the Sellers standard stock. No such modification shall relieve the Purchase, or the Seller army oftheu obligations as to my good delivered number. ). CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the dam the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goads sold hereunder dull have been produced, sold, delivered and ftrmishal in strict temphmce with all applicable laws and regulations to which the goods are subject The Seller shall execute and deliver such documents as may be eequaed m effector evidence compliance. All lawn and regulations rtyuirN to be incorporated in agreements of this character are hereby iner matted herein by this reference. The Sella agrees to indemrify and hold the Purchase hhmmless from all tests and damages suffd by the Purchaser as a result of the Sella failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or my monies due or to become den hereunder without the prior wdm consent ofthe other parry. 10. TITLE The Sella wmnmts full, clear and muestncted off to the Purchaser for all aryipnmmrt materials. add items fi rdeft ed in palindrome of this agreement Gee and clear of my and all liens, restrictions, «senatiou, security format encumbmmes and claims a f others. 14. PATENTS. Whenever the Seller is medired to use any design, device, co mal or process covered by letter, patent, trademark or copyright, the Sella shall indemnify and save battlers the Purchaser fmm any and all claims for infringement by reason of the use of such patented designdevice, material or process in connection with the contrail, 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 Invocation or after the complains of the work. In case said equipment, or any pm thereof or the intended use of the goads, is in such suit held to constitute infringement and the am of mid equipment or pan u enjoined, the Sella shall, at its awn expense and at its option, either procure for the Purchaser the right to camium using said equipment or pans, replace the same with subsentially am] but mninfnngmg emolument, Or modify it m it becomes rrmmGnging. 15. INSOLVENCY. If the Seller shall become amolvent or bankrupar make an assignment for the bereft 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. I& GOVERNING LAW. The definitions oftemts used or the imetpMation ofthe agreement and the rights of fill parties hereunder shall he construed under and governed by the laws ofthe See ofColomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the service of Sellers Represe darwas), on the Premises ofother, 17. SELLERS RESPONSIBILITY. The Sella shall carry, as said work an Sellers own risk ..,it the aame is rally completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or matndals before sencer final completion and acceptance, complete the work at Selle,'s own expert¢ and to the satisfaction of the Purchaser. When marmots and equipment are famished by others for autallanou or function by the Sella, the Seller shall receive, mlood, store and handle mane at the site and become responsible therefor as though such matmds call., equipment were hang famished by the Seller under the order. 18. INSURANCE. The Seller shall, in has own expense, provide for the paymml of workers compaccaticar, including caripatimal dismal hnefis, or as employee employed on or in commie with the work evil by this pomhase order, odor 1. their dependents in accordance with the laws of the state in which the work u to be done. The Sella shall also carry corm ehensive general liability including, but cal limited W. rentmctnal and automobile public liability insurance with lushly mjury and death limits of at least S300,000 for any one person, E500,000 for any one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his moors, if any, to provide fir such a mpemma.n and insurance. Before my of the Sellers or has contractors f employees shall do any work upon the premises oothers, the Seller stall famish the Purchaser with a certificate that such compensation and insurance have been presided Such certificates Shull specify the daze when such mmpensmtion and insurance have been provided Such certificate shall specify the date when such compensation and insurance expires. The Seller agreo that such compenaton mtl ind race shall he on inemed it age, the mtim work is completed and m nFled 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby as es the entire damisibillry, and habiliry for my and all damage, loss or injury of my kind Or nature whatsoever to persons or property 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 the Purchase, and my r all of the Purchasers olfica, agents aril employees from and against my and all claims, losses, damages, charges or expenses, whether direct or inditect anal whether to persons or property to which the Purchaser may be put or saftpar by =son of any act, action, neglect, omission or default on the pm of the Sella, my of his contractors, or my of the Sellers a, commons, oRcms, agents or employers. In cam any suit or other proverdingir shall be brought against the Pardoner, or its oRcm, ages or employees ad my tame On acmmt or by rmson of my act action, neglect, omission or default of the Sella of my of has mntecmrs m my of is or their office, ages of employees as aforesaid the Sella hereby agrees to assume the defem, thereof and to defend the same an the Sella awn expense, to pay my annd all tests, charges, anomeys fees and offer expense, my and all judgments that may be incurred by or obtained against the pamhssa or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said panics in or as a result of such suits or other proceedings, the Sella will at once cause the same to be, dissolved and discharged by giving band or othervwse. The Sella and his tennactors shall take all safety passentions, Tarnish aril iuell all guard neremry, for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Batch Act of 1920 and all doles and regulmoer issued pursuant thereto. Revised 07PO14