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HomeMy WebLinkAbout541927 EUROFINS EATON ANALYTICAL INC - PURCHASE ORDER - 3215108Fort Collins Date: 01/09/2015 PURCHASE ORDER Vendor: 541927 EUROFINS EATON ANALYTICAL INC PO BOX 95362 GRAPEVINE TX 76099-9733 PO Number Page 3215108 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 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 Total 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 satun the City of Fort Collins is exempt firm stale and local (axes. Our Exemption Namber is I I. NON WAIVER. 98-04502, Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure Of the Purchaser to insist upon .met pagarmance of the terms and mMinn. hart.(, failure m delay rot Internal Revenue, Denver, Colorado (Ref. Colorado Revised Smmes 1973, Chapter 39 26, 114 (a), exercise any lights or ranedies provided herein or by law, failure to promptly notify the Seller in the event of a bench, the mamptmme of or pMr., for good, hereunder ar approval of the design, sball rat release the Seller of Good Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the worany. or Obligations of this parchau order and shall net be deemed a waiver of my right of the damage in trared, may be returned to you for credit and art not to be radical except upon mompt of written purchaser to insist upon inner performance bermfor any ofi4 rights or remedies as to my such good, regardless extraction fmm the City of Fort Collins. of when shipped, received or accepted, as to any prior m subsequent default hems der, nor shall my proposal add npdiBmtion or rescission of But purchase maker by the Pormh oor pietism as a accuser of my of dic temp Inspmion GOODS are subject to the City ofFort Collins inspection on arrival. hereof. Fill Accepunce. Receipt of the mercMMiu, services or equipment in response to Nis order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment an the pan of the City of Fort Collins. However, it u to be mdernoad that FINAL Seller and the Purchase recognize dust in a eral mommm practice, overchages resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable ono irtd impecnon procedures, violations art in fan home by Be P rlaser. Theretofore, fro good muse and as consideration for executing this purchase order, the Seller hereby acsigm to the Purcaar any and all claims it may now have or hereafter Freight from. Shipments must be F.O.B., City of Fort Collins, TUO Wood Sr., Fort Collins, CO 80522, mless acquired under federal or state antitrust laws for such overcharges mating to the particular goods or saaicn otherwise specified on this order. If permission is given to prepay freight mad charge separately, the original freight purchased or acquired by the Purchaser pursuant to this Purchase order. bill mast acrompany invoice. Additional charges for packing will Out be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Camber. When manufanmrers have distributing paints in venous pans of the country, shipment is Ifte Purchaser directs the Seller to contact nonconforming or defective goad by a date to be agreed upon by the expected from the nnnst distribution point to destitution, and excess freight will bed ducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness in comply, the Purchaser shipments an made Pram grater distance, may cause the work to be performed by the mint expedition mean available m il, ad the Seller shall pay all costs usocimed with such work. Permits. Seller shall pracmr at sellers sale cost all na.ary .its, certificates and harmn required by all applicable laws, regulation, oriiwnps and miss of the stare, municipality, territory or Political subdivision where the work is performed, or required by any .,her duly amounted public ..,bony avingjvridiction over the work of vendor. Seller further agrees to hold the City of Pan Collin harmless from and against all liability and loss andred oaa by them by ren of an assasserted or established violation of any each laws, regulations, ma iromes roles requirements. Authorization. All parties to this contract agree that the representatives are, in fact, bow fide and possen full and ..,let, solitarily to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terns and conditions stated herein set both and any supplementary or additional terms and conditions mnexed bacto or incmpamed herein by reference. Any additional or different terms and conditions proposed by seller a a objected to and hereby o jected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your Promised delivery date as noted. Time is of the nseuo. Delivery and performance ram, be edrected within the time soared on the pmchme order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of formal lute deliveries, shall operate as a waiver of this pmvisiaa In the event of my delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. However, the Seller shall dot be liable for damage . a result of &days due to causes not reasonably foreseeable which am beyond its reasonable control and without is fault of negligence, such acts of God. acts of civil or military mthoririn, govenunerand prionties, f s, strikes, flood, epidemies, wars or lints provided that active of the coradiliam causing such delay is given to she Purchaser within five (5) days of the time when the Sella that received kmwledge thereof In the seas of my such delay, the date of delivery shall be ancour ed for the period egml as the time antualy Imt by realm fthe delay. 3. WARRANTY. The Sella warrants that all Panes, micl., harm aids anal work anvered by this order wig conform with applicable drawings, specifications, wri mal offer descriptions given will be fit for the purpose im mded, and perfifirmaral with the higher degree of cart end conT asentt in meordmce with acaprd standards for work of a imif wture. The Sella agras a hold the purcaser harmless from any loss, damage or expense, which she Purchas s may suffer or incur on acmum of the Seller beach ofwa ty The Sella shall replace, repair or make good, without cast o the punM1nsea my defects at faults arising widda are (1) year m within such longer period of time m may be practised by law or by the teens of my applicable summary provided by the Sella after the late of inceptors of the good famished hereunder (arceprantt not to be umaawsubly delayed), national, term imperfect or defective work done or mmmins famished by the Sella. Acceptance or use of goad by the Purchaser sball not mnsum,e a waiver of any claim under this warremy. Except as otherwise provided is this purchase order, the Sellers liability hereunder shall extend to all damage Proximately moved by the beach of my of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits or loss ofuse. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal le. by comma change order 5. CHANGES IN COMMERCIAL TERMS. The Purcaser may make any chnges 10 the terms, .the, than legal lams, including additions to or deletions from use quantities originally ordered in the specifications or drawings, by verbal or written change orderif any such change adees the commit due or the time Of performance hereunder, an equitable mi own mtshall be made. 6. TERMINATIONS. The Purchaser cony m any time by wine change order, ormum to this agreement m to my or all potions of the at then not shipped, subject to any equitable adjustment between the Ponies ens to any work or matmala then in progress provided that the Purchaser shall not be liable for my claims for anticipated profits on the uncampland portion ofthe gad auditor work, for incidental or consequential damages, and that no such adjmarm nt be made in favor, of the Seller with papal to my good which art the Sellers standard sack. No such 4mmiratioa shall relieve the Purcbasm or the Sella of any of their obligations as 1. any good delivered hemmer. 1. CLAIMS FOR ADJUSTMENT. Any claim for adjwatmmt must be asserted within Billy (30) days from the dam the change or tnmiaalum is ordered. S. COMPLIANCE WITH LAW. The Seller warrens that all good sold hereunder shall have been produced sold delisend and furnished in strict compliance with all applicable laws and regulations a which the goods ere subject The Sella mall exeme anal deliver such documents as may be mentioned to effect or evidence compliance. All laws and regulations required abe incorporated in agreements of this character are hereby incorporated herein by d&s reference. The Sella agrees to indemniy and hold the Pomb som harmless fmm all moss and outrages suffered by the Purchaser as a reach of she Sellers fa'lare to comply with well law. 9. ASSIGNMENT. Neither party shall assign handful, or convey this order, or any monies due or to become due benmaler without the prior wsinen consent ofthe other party. 10. TITLE. The Sella wanaas full, clear and morn cted title 1. the Purchaser for all equipment. mmmilds, read it. famished in performance of this agreement, free coed clear of any and all lien, rnrnctions, reservations, security interest recombrowni and claims of offers. The Seller shall release the Purchaser and its contractors of any tier fiom all liability and claims oaf any nature resulting from the perfmmma ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, mixers and employees of such party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in my way, becme such work is performed or caused to be Performed by the Purchaser. 14, PATENTS. Whenever the Seller is required to me any design, device, maerial or process covered by lever, patent, trademark r copyright, the Seller shall indemnify and save armless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchase, far any cost, expense or damage which it may be obliged to pay by rcaun ofsuch infringement at any time during the procreation or after the completion of the work. In case said equipment, or my pan thereof or the intended use of the goads, is in such suit held to constitute infringement and the love 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 1. continue wain, wild equips rm or pans, a plain the same with substantially exi but noninfnngdng cqi 1pmenl. or modify it so it becomes malnGmull'. 15ANSOLVENCY. If the Seller shall become insolvent or bankrupt, morke an assi,cmevt for the benefit of creditors, appoint is reccivrr or trotter fro any of the Sellers papery or locations, this order may foMwith W cveeled by the Eachasar without liability. 16. GOVERNING LAW. The definiwa ofterrm used in the interprerahm of the amearon, and the rights ofall is so m brreuMer shot] be assumed ceder and pri awd by the laws ofthe State of Colorado, USA. The following AWL60MI Conditions apply only in cases where the Sella is to perform work bertuvder, including the stoic. of Sellers Rcptcscntaaise(s), on the premise of odbery 17. SELLERS RESPONSIBILITY. The Sellershall any on said work at Sellch own ask until the scone is fully completed and anocpled, and shall, in case of my accident, destruction or injury to the work paodur matenf; before Sellrr's final completion and anceptma, complete the work at Sellch own apensc and a the a isfactim of the Purehasa. When noweids and aryipment art famished by others for installation or election by the Seller, the Seller shall rteive, vaload, store and handle same at the site and became responsible therefor as though such mstmals mNm equipment wen being famished by the Sella under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational dizeeu benefits, to its employms employed on Or in connection with the work covered by this purchase order, and/in to their dependents in accordance with the laws of the sale in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contmcmal and automobile public liability insurance with bWily injury and death limits of at least S300,000 for my one person, S500,000 for any one accident and property damage limit per occident of S400,000. The Seller shall likewise man re his colorations, if any, to provide for such compensation and imurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and inwrere have been provided. Such certificates shall specify the date when such compensation and inamnce have been provided. Such certificates shall specify the date when such compensation and imumnce expires. The Seller agrees that such compensation and imorance shall be maintained until afta the emirs work is completed and ancepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby nsumm the entire responsibility and liability for may and all damage, lass or injury of my kind in wture whoust to person or property caused by or resulting from the execution ofNe work provided for in this purchase order or in connection herewith. The Seller will imbenmify and hold harmless the Purch ssea and my r all of the Purchasers officers, agents and employees firm and against my and all claims, Imes, damages, charges a expenses, whether direct or indirect, and whether 0 persons or property to which me Purchaser may be put or subject by reason of my act, antion, neglect, omission or default on the Iran of the Sella, my of his contractors, or my of the Sellers or conlyddors officers, agents or employees. In crow any suit m other proceedings shall be brought against the Purchaser, or is officers, agents our employees at my titer on account or by reason of any... sctioa, neglect, omission or defauh of the Setter of my of his contractors a, my of its or their aRcers, sgents or employees as afhremid, the Sella herby ages to assume the defame thenaf and to &frnd the wine u the Sellers own expeme, to pay my sad all casts, catgn, amomeys fen and other expcmca my and all judgments that may be incurred by or obtained against the Pmcaur or my or is or their oRcers, agents or employas in such suits or other proceedings, uN is case judgment or other lim be placed upon or obtahud against the properly, of she Purchase, a aid Fund. in or as a result ofsuch suits or other proceedings. the Sella will in once cauu the imp to be dissolved and discharged by giving bond or otherwise. The Sella and his contractors shall take all safety Interactions furnish and install all good necessary for the presen4oa of accidents, comply with all laws and regulations with regard to afery including, but without limitation. the Occup fowl Safety end Heath Act of 1970 and al roles read regulations not pursumt tam.. Revised 01Q014