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HomeMy WebLinkAbout108963 VWR SCIENTIFIC - PURCHASE ORDER - 3215109Fort Collins Date: 01/09/2015 Vendor: 108963 PURCHASE ORDER VWR SCIENTIFIC DIVISION OF VWR CORPORATION 17750 E 32ND PL #10 AURORA CO 80011 3325 PO Number Page 3215109 1°f2 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.00m 25,000.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 IdRP-0iTMIM- - atr it Page 2 of 2 1. COMMERCIALDEfAIIS. Tax exemptions. By mimic the City of Fan Collins is exempt f state and lacal taxes. Ow Exemption Number is I I. NONWAIVER. 99-0a502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with she Collator of Failure of the Pumhnser to instil upon suits performance of she morn and conditions her nE, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Stmutin 1973, Chapter 39-26, 114 DL exervisse any right, or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acepuwtt arm payment for goods hereunder or approval ofthe design, sMll Out release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of she warrmra. or obligations of this purchase older and shall not b, deemed a waiver of my right of dle damage in transit, may, be rammed to you for credit and are not m be replaced except upon receipt of wmmn Purchaser to insist upon strict performance himai any of its rights are co edies as to any such goods, regmdless instructions from the City of Fort Collins. of when shipped, reserved or accepted, as to any prior or subsequent default hereunder, nor shall my purported oral modification or rescission of this purchase older by the Purchaser operate in a waiver of any of rise tenas Inspection. GOODS we subject to the City of Fort Collins inspection on arrival. hereof - Final Acceptance. Receipt of the merchandise, scrvicms or equipment in response ra this older can result in 12, ASSIGNMENT OF ANTITRUST CLAIMS, authorised payment on the pm of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaer mangrove that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dep.dms upon completion stroll applicable required inspection pracedum. violations arc in fact home by the Purchaser. Theretofore, far good cause and as consideration for exerting this purchase oMe, the Seller hereby assigns to she Purcla¢er, any and all claims is may row have or hereafter Freight Tema. Shipments must bet F.O.B., City of Fort Collins, 700 Wood SL, Fort Collins, CO 80522, unless acquired under federal or wage antitrust laws for such overcharges relaying to the particular good Or services otherwise spaxifiN on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase older. bill most ancompany invoice. Addirional charges for packing will not be accepted Shipment Distance. Where manufacturers have disaibming points in strious Parts of the vwwO,, shipment is expected f the newest distribution point to destitution, and excess fight will Is, denatured fmm Invoice when shipments on, made wan grater connote. Permits. Seller shall procure at sellers sole cast all on., pennies, ce fifinles and limas. required by all apphruble laws, regulations, ordinances and roles ofthe site, munaipoloy, mwilm, or political subdivision where the work is performed, or ralu nil by my other duly constituted public authority having Foundation over the work of vendor. Seller further agrees to hold the City of Fort Collins hmmless from and against all liability and loss incurred by them by reason of an asomed or established violation of any such laws, regulations, ordinances, rates and requirements. Andmazation. All parties to this contract agree that the representatives are, in fat, bum fide and possess full and omple a authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the kits end conditions sated herein set Each and any supplementary or additional mow oral conditions annexed lrcmo w incorporated Ircrein by reference. Any additional or different terms and conditions proposed by seller are objected to aud hereby rejected. 2. DELIVERY, PLEASE ADVISE PURCHASING AGENT immediately tryout cannot make complete shipment to active on your pmmired delivery dam as wood, Time is ofthe coerce. UdimY and particularism most be eRected within the time stated on the purchase order and the documents attached harem. No acts of the Purchasers including, without limitation, acceptance of fer ial lam deliveries, shall operate as a waiver of this provision In dun event army delay, the purchaser shall have, in addition ro older legal and equitable remedies, the option afpEving this older elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages a a insult of delays due to causes not rmsonably foreseeable which arc beyond its reasonable control and without its fault of negligmce, such acts of God, acts afcivil or military authorities, govemmenml primmim, fires, strikes, flood, epidemics, wan are riots provided that notice of line conditions 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 date of delivery shall be extended for the period equal to the time actually lost by mason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by Ws order will conform with applicable drawings, spmifiations, samples and/or other &mriptiom given, will be fit for the purposes intended, aud performed with the highest degree of are and comperenn in mcordaoce with scmpted sundards for work of a similar Comm. The Seller agrees m hold Nc purchaser baemless from any loss, damage or expense which the Purchuer may suffer or moan on account of the Sellers broth of waranty. The Seller shall replan, repair or snake good, without rust to the purchaser, my defect, or Data, arising within owe (1) year an within such longer period of time as may be pmcd Wby law or by Nc terms army applicable xmmmty provided by the Seller after the date of acceptance of the goods fifirrishad heremda (acceptance Out to be tunmsonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not oaatimm o waiver of any claim order this warranty. Excepl as otherwise provided in this p ushus, order, the Sellers liability hereunder shall extend m all damages imstroolty caused by the breach of any of the tangoing wmranties or guarantees, but such liability shall in no event include loss of profits or loss 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 mmvs by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchasermay make any changes to the terms, .,her than legal terms, includingm additiato or deletions from the quantities Originally ordered in the specifications or drawings, by verbal or women change order. If my such change affects the amomr due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser cony at any now by wromn change order, ..i-,, this signalmen, as an any or all portions of the goods three not shipped, subjec, to any equitable sarponmen, betwer the parties as to my wort: or mlumods then in progress provided that the Purchaser shall not be liable for any claims far anticipated profits on the uncompleted portion ofthe goods andlor walk, for incidmull or cansocammial damages, and that no such adjustment be mad, in favor of the Seller with respect so my goods which art the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller army oftheir obligations as to any goods delivered hereunder. J. CLAIMS FOR ADJUSTMENT. Any claim for adjust.., cons, In, ansened within thin, (30) days fmm the dine she change or nerminmion is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and furnished in strict co n,lixae with all applicable laws and regulations to which the goads are suhjeca The Seller shall execute and deliver such documents as may be required m effect or evidence compliance. All laws and regulations required to be corpomted in agreement, of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless fmm ill costs and damage suffered by the Purcluuer as a mull of the Sellers failure to comply with such law. 9. ASSIGNMEN 7. Neither party shall assign, transfer, or convey dus order, or any monin dui or to become due hereunder, without dic prior writer, commit Orrin, other Perry. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in performance of this agreement, Re and clear of my and all liens, restrictions, reservations, security interest encumbmnns and claims ofothers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to correct oonconfarming Or derectve goad by a date m be agreed upon by she Purchaser and due Seller, sM the Seller thereafter indicates its imbiliry of unwillingness m comply, the Purchaser may cause the work to be Performed by she most expeditions memLs available to it, and the Seller shall pay all costs associated with such work. The Seller shall .1. the Purchaser and its crontradors of any tier floor all liability and claims of any namrc resulting from the performance ofsuch work. This micas, shall apply even in the event of falls of negligence of the party released and shall extend to the directors, officers and employees of such party. The Sellers contracmnl obligations, including warranty, shall not be deemed to be, reduced, in my wag tommou such work is performed or cause) to be performed by the Purchaser. 14. PATENTS. Whenever, the Seller is required m use my design, device, material or process covered by lever, pars, trademark or copyright, the Seller shall indemnify and some harmless the Purchaser from any aud all claims for infringement by reason of the use of such parted deign, devise, material or process in connection with the cmtmer, and shall indemnify the Purchaser for my toll. expense m damage which it may b, obliged o pay by reason ofsuch inGngemenr at my tin¢ during the gallon or after the .mplerion or the work. In ram said equipment, or my pm thereof or the intended use of the gouda, is in such suit held to constime infringement and the use of said equipment or pm is enjoined, the Seller shall, a its own expense and at its option, cited procure for lie Purchaser the right to continue using said equipment or pare, replace are some with substantially equal but noninfringing equipment, or modify it so it becomes arminfringing. It. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditor, appoint a receiver or trustee for any of the Sellers property or business, this older may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or drc interpretation of the agreement and the rights of all panics hereunder shall be construed order and governed by the laws ofthe Sure ofColorwi USA. The following Additional Conditions apply only in rases wham the Seller ism perform work bereuvder, including the services of Sellers Ri,mom anive(s), on the premises ofoWers. 17. SELLERS RESPONSIBILITY, The Seller shall carry, an said work a Sellers own risk Octal the same fa fully complained ad accepted, and shall, in ran of any accident, destruction or injury to the walk mNm materials before Sellers fwl completion wad mceptanre, complete the work at Sellers awn expense and to the satisfaction of the Purchaser. When matenaB and equipment arc fuMshal by others for installation or erection by the Seller, the Seller shall receive, railroad, store and handle same at the site and become mponsible therefor as through such materials million equipment were being famished by the Seller under the order. IS. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, in in employees employed on or in connection with the work covered by this purchase older, and/or to their dependenes in accordance with the laws of the state in which the work is to be done. The Seller shall also arty comprehensive general liability including. but not IimilW to, contractml ad automobile public liability inaumnce with bwtily injury and death limits of at least S300,IX0 for any are pension, $5W,MN' for any one accident and pmpry, damage limit per accident of S,100,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before my of the Sella or his antracton employcei shall do any work upon the premises of others, the Seller shall fitmnh the Purchaser with a cerufiam that such comr,anciation, adi ifsuram'e have been pmvidcd Such ourifcatms, shall apectly the tlare when such compensntion and iwmmnce have been provided. Such rcrtifiata shall specify the dae when such compensation and insurance expires. The Seller ages Dal such compensation and minimum shall be maintained mall after the .tire work is compland and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the twice rempomibility and liability for any and all damage, loss or injury of any kind or nature whosoever to Persons or poi crowd by or resulting from the execution ofthe work provided for in this puchase order or in connection herewith. The Seller will indemnfy and hold hornless the Purchaser and my r all of the Purchasers officers, agents and employees from and agamt any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to Persons or property to which the Purchaser may be, pat or subject by reason of any act, action, neglect, omission or default on she pan of the Seller, my of his commorors, or any of the Sellers or contractors officers, agents or employees. In case my suit or other proceedings shall be brought against the Furchsser, or its officers, agents or employees at my time on account or by reason of any act, atan, neglect, omission or default of the Seller of my of his ountraton or any of it, or their officers, agents or employees as afamosid. the Seller hereby agrees in assume the degauss thereof and to defend the same at the Sellers own expense, to pay my and all costs, changes, attorneys fees ad other expenses, any and all judgments that may he incurred by of obtained against the Purchaser, or my of its are shear officers, agents or employees in such suits or other proceedings, and ui can judgment or other him be placed upon or Obtained against the property of the Purchaser, or said parties in Or as a molt ofsuch suits or older proceedings, rise Seller will at once cause the ante to be, dissolved and discharged by giving Food or otherwise. The Seller and his contractors shall take all safety precautions. Finnish and install all guards coxessary for the prevention of mcidencs, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant thereto. Revised 07=4