HomeMy WebLinkAbout102837 FISHER SCIENTIFIC COMPANY LLC - PURCHASE ORDER - 3215278Fort Collins
Date: 01/13/2015
PURCHASE ORDER
PO Number Page
3215278 1of2
This number must appear
on all invoices, packing
sli s and labels.
Vendor: 102837 Ship To: POLLUTION CONTROL LAB
FISHER SCIENTIFIC COMPANY LLC CITY OF FORT COLLINS
2000 PARKLANE 3036 ENVIRONMENTAL DRIVE
PITTSBURGH PA 15275 FORT COLLINS CO 80525
Delivery Date: 01/12/2015 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
Ordered
Extended
Price
2015 Blanket Order 1 LOT LS
25,000.00
Water Quality
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.
LAYit P14
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.wm
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
1. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Tom Collins is exempt fmm state and local mxa. Our Exemption Number is
11. NON WAIVER.
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000582 is registered with the Collector of
Failure of the Purchaser to insist upon strict performance of the It. and conditions hereof, failure or delay to
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a),
exercise any rights or remedies provided herein or by law, fl lure to promp0y notify the Seller in the event of a
breach, the acceptance of or payment for goads hereunder or approval ofthe design, shall not release the Seller of
Goods Rejected. GOODS REJECTED due to failure m meet specifications, either when shipped or due to defects of
any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the
damage in transit, may be returned to you for credit and are at m be replaced excerpt upon receipt of wrinen
purchaser to insist upon stein performance hereof or my arm rights or remedies as to any such goods, regardless
inamatorm from the City c f Fort Collins.
of when shipped, received or accepted, as on my prior or subsequent default hereunder, nor shall any proclaimed
oral modification or rescission of this prucn"re order by the Purchaser operate as a waiver of any of the terms
Inspection. GOODS are subject m the City of Fort Collins inspection on arrival.
bend(.
Final Acceptance. Receipt of the merchandise, services or equipment m cursive to this order can result in
Q. ASSIGNMENTOF ANTITRUSTCLAIMS.
authorized payment on the par of the City of ran Collier. However, it is la be understood that FINAL
Seller and the Purchaser rea,mice Out in azmal economic practice, mechmte ga solting formanitrust t
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
violations are in fact home by the Purchase. Theretofore, forr good cause and as consideration for executing Otis
purchase order, the Seller hereby assigns m the Purchaser any and all claims it may now have or hereafter
Freight Term .Shipments must be F.O.B., City of Fort Collins, 700 Woad St, Fort Collins, CO 80522, unless
acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services
otherwise specified on this node, Ifpermissim is given to prepay freight and charge separately, the migiwl freight
purchased or acquired by the Purchaser moment to this purchase order.
bill most accommis, inwicr. Additional charses for mekina will not be accepted.
Shipment Distance. Where manufacturers have d6trlbuting points in various pans of the country, shipment is
expected from the nwrtst distribution point to destination, and excess fight will be deducted fmm Invoice when
shipments are made form greater dimamc.
Permits. Seller shall prormm at sellers sole cost all necessary permits, certificates and licenses required by all
applicable laws, regulations, ordinances and roles ofthe mile, municipality, territory or political subdivision where
the work is performed, Or required by any other duly constituted public authority havingjurisdiction over Joe work
of vendor. Sere minter agrees to hold he City of Fort Collins harmless from dad against all lability and loss
errreason incurred by them by of an asserted a or mblolied violation of any such laws, regulations, ordinances, miss
nod requirements.
Authoritarian. All parties to this contract agree that the, represenativa are, in fact, bum ride and possess full and
complee authority to bind mid panics.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to ode terms and coarldnea Sated
herein set foM and any supplemrnmry or additional tame and conditions annex W herein or incorporated herein by
reference. Any additional or different firms and earldiom proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immeNmely ifyou cannot make complete shipment to arrive on your
promised delivery date as noted. lime is of the essence. Delivery and performance must be effected within the time
slated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
hatimim, exposure of,aial late deliveries, shall operate as a waiver Of Nis prevision. lathe evenf Of my delay,
tbe Purchaser shall have, in addition m other legal and equitable remedies, the option of placing this order elsewhere
and holding the Seller liable fro damages. However, the Seller shall not be liable for damages as a result of delays
due to rouses not reamnably foeeceeable which art beyond its reservable control and without its fault ofaegligence,
such acts of God, acts ofrivil or military authorities, go eammental prionfies, fires, strikes, flood, epidemics, wars or
norm provided Out notice of the conditions coming such delay is given to the Purchaser within five (5) days of the
time when the Seller first received knowledge thereof In the escar of any such delay, the data of delivery shall be
extended for the period equal to the time actually lost by reason of the delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples maker other descriptions given, will be fit for the purposes intended, and
Performed with the highest degree of care and competence in accordance with accepted standards for work of a
similar mnve. The Seller agrees to hold the purehsser harmless from any loss, damage or expense which the
Product, may saff or incur oa recount of Ne Sellers breach of w.1y. The Sella shall replace, repair or make
good, without cost to the purchaser, any defects or faults mixing within one (1) year or within such longer period of
time as may be presented by law or by the terns of any applicable watranl, provided by the Seller after the &te of
acceptance of the goods Famished hereunder (arrogance not to be unreasonably delayed), resulting from imperfect
or defective weak done or materials famished by the Seller. Acceptance or use of gams by the Purchaser shall not
constitute a waiver crony claim under this warranty. Except ns otherwise provided in this purchase order, the Sellers
liability hereunder shall extend m all damages proximately caused by the breach of any of the foregoing warranties
or guarantees, but such liability shall in no event include lass of profits or loss of axe. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY,
4, CHANGES IN LEGAL TERMS.
The Purchaser may make changes as legal terms by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletimLs from
the quantities originally ordered In the spee fiemiona to dmwinys, by verbal or written change order. If any such
change affeca the amount due or the time of performance hereunder, so equitable ad Iran ant mall be made.
6. TERMINATIONS.
The Purchaser may at any time by wnaen change order, terminate this agreement as to any or It portions of the
goods Form not shipped, subject to any egemble adjustment between the panda as on any work or materials then in
progress provided that the Purchaser shall trot be liable for any claims for anticipated profits on the mormanceed
portion of the gmal maker work, for incidenal or c.nsrquenrod damages, and last an such Accumrnt be made in
favor of the Seller with mepect m any goods which art the Sellers slat&lid stock. No such rermirutma shall relieve
the Purchaser or the Seller army fthou obliged.. u to any goods delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty (30) days from the date the client, or temtination is
ordered.
If COMPLIANCE WITH LAW.
The Seller warrants Out all goods sold hereunder shall have been produced, sold, delivered and Famished in strict
compliance with all applicable laws and regulation to which the goods are subject. The Seller shall execute and
delivef such documents as may be required to effect or evidence complianu. All Eyes aM regulations, required to be
nempoated in a,creements of this character are hereby inempurated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser hzmtlas From all costs and damages sulfeW by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither parry shall assign, transfer, or convey this order, or any monies due or to become due hereunder wihoul the
prior wdnen consent of the the, patty.
PRIFITLE.
The Seller warrants fll, clear and c mestrictad title m the purchaser fro all equipment, materials, and items Famishr l
in performance of this agreement f and clear of any and ell lien, restrictions, eeserations, security interal
.bama and claims ofml ax.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Porebattr directs the Seller to correct nonconforming or defective goads by a date to W agreed upon by the
Purchaser and the Seller, and ode Seller dearealle indicates its inability or unwillingness to comply, me Parchue
may cause the we& m be performed by the most expeditious meets avoidable to it, and the Seller shall pay all
costs msocared with such work.
The Seller shall release the Purchaser and its contranors of any tier from all liability and claims of any nature
¢mulling from the performance of such work.
This release shall apply even in the event of fault of negligence of tie party released and shall extend to the
directors, Ieves and employees Ofsuch party.
The Sellers contractml obligations, including warranty, shall not be deemed to be reduced, in my way, because
such work is performed or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Sella is required t. use any design, device, malenal or process covered by letter, patent, trademark
r copyright, the Seller shall indemnify and save harmless the Purchase from any and all claims for Infn'n,ement
by reason of the use of such patented design, device, material or process in connection with the contract, 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 prosecution or after the completion of the work. In case said equipment, or
any part thereof or the intended me of the goods, is in such suit held to constitute infringement and the use of
said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the
Purchaser the fight to continue in, said equipmmr or pros, replace the same with substmlially egaal bur
...infringing equipment, or modify it so it become rwninfnnging.
15. INSOLVENCY.
If the Sella shall become insolvent or bardrupt, make an sseignmen, for the benefit of creditors, appoint e
or troame for any of the Sellers property, or business, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions of teens used or the crematorium of the agreement and the rights ofall parties hereunder shall be
construed under and governed by the laws ofthe State eFC.I ads, USA.
The following Additional Conditions apply rely in cases where the Seller is to perform work bereander,
including the service of Sellers l apeesemary bs), m the premisesefedrers.
12. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sellers own risk until the some is fully completed and accepted, and shall,
in e of any accident, destruction or injury to the work and/or materials before Seller's final completion and
acceptance, complete the work at Sellers awn expense and to the smisfdction of the Purchase,. When materials
and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload,
stare and handle same at the site and become responsible therefor as though such materials maker equipment
were being Famished by the Seller under the order.
I S. INSURANCE.
The Seller shall, at his own expense, provide for face, payment of workers mmpereartion, including cam a Tonal
disease benefits, to its employees employed on or in connection with the work covered by this purchase order,
mNor m their dependents in accordance with the laws of the sate in which ode work is to be dome. The Seller
shall also many comprehensive geneml liability including, but not limited to, contractual and aummobile public
liability insurance with Family injury and death limits of at least S300,000 for any one person, 5500,000 for any
accident and poperty damage limit per accident of 5400,000. The Seller shall likewise regain, his
contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors
employees shall do any work upon the premises of others, the Seller shill Smash the Purchnsr, with a certificate
that such compensation and insurance have been provided. Such certificate shall specify the &ter when such
ompensati.n aM imueanm have been provided. Such certificates shall speady the date when such temperance.
and insurance expires. The Seller agrees Nat such compensation and imuezace shall be maintained until after the
entire work is complcted and occurred.
19, PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability far any and all damage, loss or injury of any kind
or nature whatsoever m mmm or property caused by or resulting fmm the execution ofthe work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and my
r all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether to prawns or property to which the Purchaser may
be put or subject by reason of any act, action, neglect, omission or deficit, on the pan of the Seller, my of his
contractors, or any of the Seller of contractors officers, agents or employees. In case my suit or other
f recaWmgs shall be brought agstiral the Producer, or its officers, agemu or employes al my time on accamtt or
by reason of any act, action, neglect, omission or default of the Seller of my of his comemom at my of its or
their officers, agents or employees as aforesaid, the Seller hereby .,fees to assume the &fr. thereof and to
defend the same at the Sellers own expense, to pay any and all costs, charges, anomrys fees and other expenses,
any and all judgments Nat may be incurred by or obtained against the Purchaser 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 Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Sella and
her contractors shall take all safety precautions, furnish and isslall all guards necessary for the prevention of
accidents, comply with all laws and regulations with regard to safety including, but without limitation, the
Occupational Safety and Health Act of 1920 and all roles and reguli tiom issued pursuing thereto.
Revised 021014