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HomeMy WebLinkAbout102837 FISHER SCIENTIFIC COMPANY LLC - PURCHASE ORDER - 9150522City of F6rt Collins Date: 01/21/2015 PURCHASE ORDER Vendor: 102837 FISHER SCIENTIFIC COMPANY LLC 2000PARKLANE PITTSBURGH PA 15275 PO Number Page 9150522 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: WATER TREATMENT PLANT #2 CITY OF FORT COLLINS 4316 W LAPORTE AVE FORT COLLINS CO 80521 Delivery Date: 01/21/2015 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 2015 BLANKET PURCHASE ORDER Lab supplies FOR LABORATORY SUPPLIES 1 LOT LS 10,000.00 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 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 680, 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 1. COMMERCIALDEfAILS. Tax exemplum. By statute the City of Fan Collins is exempt from stale and local taxes. Our Exemption Number is 11. NON WAIVER. 98-04502. Federal Excise Tax Exemption CMificate of Registry M-6000587 is oftfi al with the Collator of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1993, Chapter 39.26. 114 (a), exercise any rights or remedies provided herein or by law, failure to promptly witty the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the woramtin or obligations of this purchase order and shall sent be deemed a waiver of any right of the damage in transit, may be rebnned to you for credit and are not to be replaced except upon receipt of action purchaser to imst upon strict Importance hermfor any of its rights or eanedirs an to any such goods, regardleu instructions from the City of Fort Collins. of when shipped, received or accepted, an to any prior or submWent default hereuMen nor shall any puryaned oral modification or rescission of this parchum order by the Trichina opemu as a waiver of my of the rams Inspection. GOODS are subject m Me City of Fon Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, servicar or equipment in response to Nis oMer ran result u 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fan Collins. However, it is to he understood that FINAL Seller and Me Ptuchasa recogn an Nat in actual economic practice, overchare m gresulting froantitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedure, violations are in fact home by the Purchases. Theretofortfa good muse and an coside ctim far executing Nis purchase order, Me Seller hereby assigns to Me purchaser any and all claims it may now have or hereafter Freight Tam¢. Shipments most be F.O.B., City of Fort Collins. 90) Wood St., Fon Collim, CO 80522, =less ammind coda federal or stale mtirtrst laws for such overcharges misting to the particular goods or services otherwise specified on this ordam if permission is given to prepay freight cod charge separately. Me original height purchased or acquired by the Purchaser pirs.1 to Nis purchase order. bill most accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing Mints in sariom pan of Me away, shipmem is expected from Me nowt distribution point to datication and excess bright will be deducted from Invoice when shipments are made firm grater do.. Permits. Seller shall permute at sellers sole cool all sommacsry permits, ccnifcate and license no,do l by all applicable fawn, regulations, ordiaaa and macs of the sure, municipality, territory or political subdivision where Me work is perforrd, or nyuind by my other duly constituted public authority havingjurisdiction over Me work of vendor. Seller further agrees to hold Me City of Pan Collins hamlets from and against all liability and loss incurred by them by reason of an asserted or establishM violation of any such laws, regulation, ordinances, rules and conirtments. Automation. All panic to this contract agree that the represenatives art, in fact, bona Ode and possess full and complete authority to bind said psmties. LIMITATION OF TERMS. This pr¢hse Order expressly limits acceptance m Me lema and conditions stated herein set foM and coy supplementary or additional leans and marathons annexed herein or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby jatd. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to solve on your promical delivery date in noted. Time is of the essence. Delivery end performance must he effected within the time stated on the purchase order and the documents touched herein. No Deis of the Purchasers including, without limitation, acceptance of normal late deliveries, shall opemm m a waiver of this provision. In the event of coy delay, the Purchaser shall have, in addition to other legal and intuitable remedies, the option of placing this order elsewhere and holding Me Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to carries not nascmbly foreseeable which we beyond its reasonable control and without its fault of negligence, such acts of God, acts of civil in military, authorities, governmenml priorities, fires, strikes, Good, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thermf. In the event of my such delay, due dam of delivery shall be extended for the period equal to the time annally lost by reason of Me delay. 3. WARRANTY. The Seller warrants that all grads, aricles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or 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 nature. The Sella agrees to hold the purchaser harmless fmm any loss, damage or expense which the Pumhmer may sufer or incur on account of the Sellers breach of warranty. The Sella shall replace, repair or make god, without cost to the pufchaseq any defects or faults arising within one (1) year or within such longer period of time az may be prarnbed by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance or the goods fumished hereunder (acceptance not to M unreasonably delayed), resulting from imperfect or detective work done or materials famished by the Seiler. Acceptance or use of goods by the Purchser shall not onstimse a waiver of any claim under this warranty. Except in otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damage proximately caused by the breach of my of the foregoing warranties or guammen, 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 terms by written change order 5. CHANGES IN COMMERCIAL TERMS. Ibe Franchise, may rake any changes to the mints, oMer than legal menu, including dditians to or deletions fmm the quantities originally ordered in Me s,aifirmana, or drawings, by verbal or wrinen change order. If any such change affects Me amount due a the time ofperfomame hereunder, an equitable ndjmtmm eshall be made. 6. TERMINATIONS. The purchaser may in any time by written change order, tr ndiam this agreement as to any of all portions of the goads then not shipped, subject to any immobile djnmmem between the parties res to any work at materials Men in progress provided for Me Puwhmer, shall or be liable for any claims for anticipated Profits an the uncompleted portion of Me goods amVor work, for incidental on muncquentul damages, and that no such djmtment be made in favor of Me Sella with respect to any goods which era Me Sellers standard stock. No such mmdation shall relieve Me purchaser or Me Seller ofany oftheu obligations an Or my gads delivered hereunder. J. CLAIMS FOR ADJUSTMENT. Any claim for adjstmmt most be assered within Mim, (30) days from the date the change or Campanian in odeetd. B. COMPLIANCE WITH LAW. The Sella wamnts Oat all goods sold haeemder shall have been produced, sold, delivered cod fumuhd in strict compliance with all applicable lams and regulations to which the goods art subject. The Sella shall execute and deliver such document as may to regrind rat effect or evidence compliance. All laws and regulation fix iced Or M ncmporated in egfcments of Mix character art hands, incorporated hacin by Nis referenp. The Sella agree to indemnify and hold the Purchaser hmmlas from all cans end damages suffered by Me Purchuet as a result of Me Sellers failure to comply with such how. 9.ASSIGNMENr. Neither parry, shall assign, transfer, or convey this order, or my monies due or to become due barracuda without the prior written consent of Me other parry. 10. TITLE. The Seller warrants full, clear and unrestricted title to Me puchaser for at I equipment neurons, and intent famished in performance of this agreement, free and cacar Of my and all liens, rcatrictioa, reservations. security interat mcumbmn n and claims ofoNers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs Me Seller to turnover nonconducting or defective goods by a date to be agreed upon by the Purchaser and Me Sella, and Me Sella thcreefter indicates its inability or unwillingrnss to comply, the Purchaser may pose the walk m be performed by the now axpeditiom mess available so it, and Me Sella shall pay ell cons associated with such work. The Seller dull release Me Purchaser and its trunnion of my her firm all liability aid claims of any aturt resulting firm Me perform anp ofsuch work. This release shall apply even in Me evict of fault of negligence of Me Fatly released and shall extend to Me directors, officers and employees ofsuch party. The Sellers commend obligations, including warranty, shall not be downed to be ethical, in any way, because such work is Performed or canned to ha pert ed by Me Purchaser. 14. PATENTS. Whenever the Sella is ra3uird to use any design, hiviee, mmerial or process covered by letter, patent, trademark r copyright Me Sella shall indemnify and save harmless Me Purchaser fiver any and all claims for infringement by reason of Me use of such parmled design, device, material or process in correction with the contract and shall indemnify the Pru homer for any cost expense err damage which a may be obliged to pay by reason ofsuch infringement at any time during Me prosy ition or after Me completion of the work. In cars said equipment, or any pan therof or fe intended use of Me goods, is in such suit held to crmtione infringement and Me use of said alcip runt or pan is apdod, the Sella shall, at its own expert =d at its .,ran, either procure for the Purchaser the right to continue using mid equipment or parts, replace the same with substantially egad but noninfringing equipment, or modify it a it becomes mminffinging. 15. INSOLVENCY. If the Seller shall become inso mein or bmkmpt make an assignment for the benefit of creditors, appoint a or trustee for any of Me Sellers property or business, this order may forthwith be canceled by the Purehunia without liability. 16. GOVERNING LAW. The definitions ofterms used or the inmpremtlon of fe apement and the rights of all parties hereunder shall be consumed under and governed by Me laws of the State ofColomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including Me services of Sellers Representative(s), on Me premises ofoder, 17. SELLERS RESPONSIBILITY. The Sella shall can, on said work at Sellers own risk .,it that same is fully completed and accented, and shall, in one of any accident desmnetion or injury to Me work and/or mmerials Erfore Sellers final completion and acceptance, complete the work at Sellers own expense cod N the satisfaction of the Purchmer. When materials and equipment are famished by others for installation or erection by she Sella, the Sella shall aceive, anlwd, some and handle now an the sue and become responsible therefor as though such materials it/., equipment were being famished by the Seller maker Me order. IS. INSURANCE. The Seller shall, at his awn expense, provide for the payment of workers compensation, including Occupational disease benefits, to its employees employed on or in connection with the work cowed by this purchase order, anNm 10 four depeodener to accordance wits the laws of fc sae in which the work is to be done. The Sella shall also pry comprehensive general liability including, but cot limited to, contractual and automobile public liability iruumnce win bodily injury and dwN limits of at least S300,000 fen any one pecan, S50o,oO0 for any one accident and property damage limit per accident of S40%000. The Seller shall likewise require his mcm x, if any, to provide for such compensation cod insurance Before any of the Seller or his contractors employees shall do ivy work upon Me premise of others, the Sella shill fomish the Purchases with a eenifucate that such compensation and imumue have been provided. Such cerifipra shall specify the date when such compensation ad nuance have been provided. Such cenificates shall specify the date when such compensation and iaumnce expire. The Seller agree that such compensation and insurance shall be mainaind until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes Me entire responsibility and liability for any and all damage, loss or injury ofany kind or nature whauo ever in persons or primary owned by or resulting from Me execution ofthc work provided for in Mix parcbase oMer or in cawation herewith. Thc Seller will indemnify and hold harmless the Purchaser and any or all of dm Purchasers afcers, agx. and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether m peraom or property to which dies Purchases may be put or aubjet by n ormn of my cot action, neglect omission in default on Me pact of Me Sella, any of his contractors, or any of Me Sellers or vintramors officers, agents or employees. In case any suit or oMer proceedings shall be brought against Me Purchaser, or its ofcars, agents or employees at any time an accost or by reason of any act Comm, neglect, omission or default of Me Sella of my of his connectors or any of its at their officers, agents or employees as aforesaid, the Sella hereby agrees to assume Ne der thereof and to defend Ore same as the Sellers owes expese, to My any and all toss, clarion, waspi fees and other expenses, my and all judgments Oat may be incurred by or obmMed egoist Me Purchaser r any of in or their ofcers, agents err employtts u such suin or other proceedings, and in case judgment or other him be placed upon or obtained against Me pmpery, of the Purchaser, or said ponies in or as a result of such suits or ofa proceedings, Me Sellerwill at once pus, Me same to M dissolved and dischangd by giving bond or otherwise. The Sella and his contractors shall sake all safety prmautiom, famish and immll all Somalia n ramry for the prevention of accidents, comply with all laws and regulations with regard in mfay including, but without limiation, the Occupational Safety and Halth Act of 1970 and all roles and regulations issued pursumt M new. Revised 0/R014