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HomeMy WebLinkAbout103256 HACH COMPANY - PURCHASE ORDER - 9150523PO PURCHASE ORDER 915052er Page City. of50523 1of3 `t Collins/ his number must appear V " 1 1 on all invoices, packing sli s and labels. Date: 01/21/2015 Vendor: 103256 Ship To: WATER TREATMENT PLANT #2 HACH COMPANY CITY OF FORT COLLINS PO BOX 608 4316 W LAPORTE AVE LOVELAND CO 805390608 FORT COLLINS CO 80521 Delivery Date: 01/21/2015 Buyer: PATJOHNSON Note: Line Description Quantity Ordered UOM Unit Price Extended Price 1 2015 BLANKET PURCHASE ORDER 1 LOT LS 6,000.00 Laboratory Supplies 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. 2 UPPER POUDRE INTAKE 1 LOT LS 800.00 Chemical Supplies 3 PUMPING & STORAGE 1 LOT LS 1,000.00 Chemical Supplies a ELECTRICAL REPAIRS 1 LOT LS 6,000.00 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 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 PO PURCHASE ORDER 915052er Page CI�/ of PURCHASE 97 50523 2 of 3 F6r} Collins This number must appear ,�—.J`-' ` on all invoices, packing �sllps and labels. 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.mm 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 3 of 3 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption CertiOwte of Registry 84-6000587 is mgistwW with the Collector of Internal Revenue, Deaver, Colorado (Re. Colorado Revised Statutes 1973, Chapter 39-26,114 pd Goods Rejected GOODS REJECTED due to failure to meet specifications, either when shipped or due to defeats of damage in transit, may be recurred to you for credit and are not to be replaced except upon receipt of wrivim instruction, from the City of Fart Collins. Inspection. GOODS are subject to the City m Port Callins inspection on anival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this enter can result in authorised payment on the part of the City of Port Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St, Fort Collins, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the original bright bill must accompany invoice Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various parts of Has country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Peica m. Seller shall prowre ar sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and miss of the state, municipality, territory .,political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss annual by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requiremean. Autheountion. All parties to this co mined agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said panic, LIMITATION OF TERMS, This Purchase Omer expressly limits misplaces to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by sells, am objected to and hereby r jetted 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promrsed delivery date as achoL Time is ofthe essence. Delivery and perfrmance must be effected within the time stated im the purchase order and the documents attached hereto. No acts of the Pumhasers including, without limitation, acceptance of,spon late deliveries, shall operate as a waiver mines provision. In the event of soy 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 not be liable for damages as a result of delays due to causes not ma,oeably Foreseeable which are beyond its reasonable control and without its fault cru egligence, such acts of God, aco of civil or military authorities, governmental priorities, fires, strikes, Rood, epidemics, wars or not, provided that solace of the conditions musing such delay is given to the Purchawr 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 reason of the delay. 3. WARRANTY. The Sella warrants that all goads, articles, 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 gethrmed with the highest degree of care and competence in accordance with accepted standards for work of a rmilar natrm. The Seller agrees to hold the purchaser harmless from any lass, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller afar the time of acceptance of the goods famished hereunder (acceptance not to be unreasonably denyed), mail from imperfect or defective work done or materials famished by the Sella. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wonauties or guarantees, but such liability shall in no event include loss of profits ar loss of rise. NO IMPLIED WARRANTY OR MERCHANTABTLITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal Is. by women change order. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes To the tears, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifwtions or drawings, by verbal or written change order. If any such change affects the amount due or the time ofperfmmance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress Provided shot the Purchaser shell not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental of consequential damages, and that no such adjustment IN made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller ofany ohhcir obligations as to any goods delivered hereunder. T CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assumed within thirty (30) days from the date the chat or termination is ordered. 8.COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goads are subject. The Seller shall execute and deliver such documents as may he required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby comforted herein by this reference. The Sella agrees to indemnify and hold the Purchaser harmless fmm all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent ofihe other party. 10. TITLE. The Seller warrants Bill, clear and unrestricted title to the Purchaser for all equipment, macerials, and items ihmishod in performance of this agreement, free and clear of any and all liters, restrictions, reservations, security interest samorbmnces and claims Of.thars, ILNONWAIVER. Failure of the Purchaser to insist upon strict performance of the toms and conditions hereof, failure or delay to exervise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach the acceptance afar payment for goads hereunder or approval of the design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance herrof or any of its rights or remedies m to any such goods, regardless of whim shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser rocagn¢e that in actual economicm practice, overcharges resulting froantitrust violations are in fact home by the Purchaser. Theretofore for good cause mid as consideration for executing this purchase order, the Seller hereby asaars, to the Purchaser any and all claims it may now have or hereafter acquired under federal or state antitrust laws fur such overcharges relating n the particular goods or services pumbased or acquired by the Purchaser pursuant as this purchase order. U. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditions means available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature noodling from the performance of such work. This release shall apply even in the event of fault of negligence of the party relented and shall extend in the directors, officers and employees ofsuch party. The Sellers contractual obligations, including warranty, shall not be deemed in be reduced, in any way, because such work is performed or caused to be, performed by the Purchaser. 14. PATENTS. Whenever the Seller is required m use any design, device, material or process covered by letter, patent, tradumed or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented desiVi, device, material or process to comoctian with the contract, and shall indemnify the Purchaser for any cost, expense car damage which it may be obliged to pay by reamn ofsuch infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in such suit held to constants inGngement 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 right to continue using said equipment or parts, replace the same with substantially equal but noninfir Wing equipment, or modify Res it becomes naninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a ressiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftemns used or the interpretation ofhe agreement and the rights ofail parties hereunder shall be construed under and governed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is n perform work hereunder, including the services of Sellers Representatieds), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall entry, oa said walk at Seller's own nsk unlit the same 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 Seller's own expense and in the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or incident by the Seller, the Seller shall receive, Whored, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his awn expense, pmvide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in succulence with the laws of the note in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited Io, madmistral and automobile public liability insurance with bodily injury and death limits of at least $300,000 for any ova coma, $500,000 for any one accident and properly damage limit per accident of S400,000, The Seller shall likewise require 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 shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificate shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind or shire whensoever to peons or property caused by or martial from the execution ofihe work provided far in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any cr all of the Purchrs aseofcer , agents and employees f m and against any and all claim, losses, damages, harges or expenses, whether direct or indirect, and whether n persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the part of the Seller, any of his contractors, or any of the Sellers or contractors officers, was or employees. In emse any it or other proceedings shall be brought against the Purchaser, or its officers, agents or employees in any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his connectors or any of its or their officers, agents or employees es aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attomeys fees and other expenses, any and all judgments that 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 aboard against the property ofihe Purchaser, or said Parties in or as a result ofsuch suits or other proceedings, the Seller will at once cause the same m be dissolved and discharged by giving bond or otherwise. The Seller end his contractors shall take all safety precautions, famish and install all goods 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 1970 aM all miss and regulations issued pursuant thereto. Revised 07a014