HomeMy WebLinkAbout20110542.tiff A
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Cc%la WELD COUNTY SHERIFF'S OFFICE / /
Weld County Drug Task Force
January 3, 2011
To Whom It May Concern,
As part of a designed plan to expand the capabilities of the Northern Colorado Regional Forensic
Laboratory, the Weld County Sheriffs Office purchased a High Pressure Liquid
Chromatography (HPLC)combined with a Mass Spectrometer(MS) Instrument in 2010 with
grant funds. This instrument has the capacity to perform specific chemical analyzes that cannot
be performed efficiently with current instrumentation. Clan labs contain a large number of
unknown liquids, and the HPLC can analyze those liquids more completely providing additional
information to the clan lab investigation. In addition, certain controlled substances, when placed
in foods such as chocolate, other candies or baked goods, become much more difficult to extract
and detect The HPLC extraction methods are very simple, and therefore the turnaround time on
the analysis of these substances is reduced. This instrument can also be used in the routine
analysis of all other controlled substances. This adds one more instrument in the analytical
process. and its use will help reduce the backlog and turn-around on these samples as well.
Finally, the versatility of this instrument will allow for its use in the analysis of explosives, a test
forensic discipline that is currently not being performed in this lab or in the CBI forensic labs.
The instrument requires a constant stream of nitrogen gas in order to function. Two possible
sources are liquid nitrogen from supplier, and that nitrogen source must be replaced every 3-4
days, making it quite costly, or a nitrogen generator. A nitrogen generator is a more cost
effective and most likely a safer method of obtaining nitrogen gas in a source that can be used by
the instrument. However the cost of this add-on unit exceeded the grant funds used to purchase
the instrument.
The Northern Colorado Regional Forensic Laboratory is therefore seeking assistance to purchase
the compressor that will, in combination with a nitrogen generation, allow the HPLC to operate.
Specifically, we are requesting $6,820 (see attached quote) to assist in the purchase of this
instrument.
Thank you;
llonald E Arndt
Northern Colorado Regional Forensic Laboratory
Weld County Sheriffs Office
1950 O Street
Greeley, CO 80631
970-356-4015 ext 3638
Main Office, Greeley Fort Lupton Sub Station Southwest Complex North Jail Complex
1950"O"Street 2950 9i'Street 4209 WCR 24 '/: 2110"O"Street
Greeley,CO 80631 Fort Lupton,CO 80621 Longmont,CO 80504 Greeley,CO 80631
Phone(970)356-4015 Phone(303)857-2465 Phone(720)652-4215 Phone(970)356.4015
Fax (970)304-6467 Fax (303)857-3027 Fax (720)652-4217 Fax (970)304-64615Z) /)/)3a
2011-0542
Quotation
AB SCIIX LLC PAGE 1 of 5
353 Hatch Drive
Foster City. CA 94404 U.S.A.
Toll Free: (877) 740-2129 Fax: (650) 627-2803
To: Ron Arndt Quote No.: 20711417
Weld County Quote Valid To: 12/27/2010
Crime Lab Quote Date: 12/03/2010
910 10th Ave Pay Terms: Net 30 Days
GRFFI EY CO 80631 Freight Terms: FOB FACTORY - FRT
QUOTED
Telephone No. Please reference Quote No.
Fax No. wnen placing your oraers.
Unit Unit Total
Item Part Number Description QTY List Net Extended
Price Price Price
0001 4455829 PARKER TRIGAS GENERATOR W COMDR - 120VAC 1.00 26.849.00 18.794.30 18.794.30
Parker Ralston LCMS TriGas Generator with
Compressor. 120vac 50/60hz and 220/230vac
50/60hz, for North America
Quotation Net Total: $18.794.30
Freight Charges: $800.00
Quotaion Grand Total: $19,594.30
Please Note A credit memo will be issued for your
original sales order #3421664, (Weld Co PO#
P1000230), in the amount of $12,774.30, once the •
item is returned. That credit memo can be referenced •
when you pay the invoice for this order and only the
difference of $6,820.00 will need to be paid.
•
Estimated Shipping and Handling. 800.00
WARRANTY INFORMATION
AB SCIEX limited product warranties are included with shipment of its products.You may visit www.absciex.com for warranty information or
contact your local AB SCIEX sales representative to request a copy. AB Sciex instruments and accessories are warranted by AB SCIEX for a
period of one year, unless a different period or no warranty is indicated on AB SCIEX quotation. The warranty period for AB SCIEX
instruments begins on the earlier of the date of installation or 90 days?rom the date of shipment for instruments installed by AB SCIEX
personnel. For AB SCUD( instruments installed by the buyer or anyone other than AB SCIIX, the warranty period begins on the date the
instrument is delivered.
TERMS AND CONDITIONS
This quotation, including AB SCIEX's General Terms and Conditions furnished with this quotation, and, if software is included, AB SCIIX's
applicable end user software license agreement, sets forth the terms on which AB SCIEX is offering to sell the product(s) listed on this
quotation. AB SCIEX's end user license agreement for instrument operatinsoftware can be found on AB SCUD( website. at:
http://www.absciex.com/legal. Licenses for stand alone software are in click wrap form.You may contact AB SCIEX for a copy at any time.By
issuing a purchase order or otherwise ordering the product(s), the customer expressly agrees to these General Terms and Conditions of Sale
(and operating software end user software license agreement, if applicable) to the exclusion of all others not expressly agreed to in writing by
an authorized representative of AB SCIEK. If you have any questions, please call AB SCID('s Customer Account Services at (877) 740-2129.
Stenographical/clerical errors are subject to correction Most recent quotation will supersede all prior quotations. All amounts are in USD.
Sales Representative: Russell Waugh Prepared by: James Bost
ACCEPTANCE OF THIS QUOTATION IS LIMITED TO THE ATTACHED TERMS
Quotation
AB SCIEx LLC PAGE 2 of 5
353 Hatch Drive
Foster City, CA 94404 U.S.A.
Toll Free: (877) 740-2129 Fax: (650) 627-2803
QUOTE NO.: 20711417
QUOTE VALID TO: 12/27/2010
QUOTE DATE 12/03/2010
To. Ron Arndt
Weld County
Please reference Quote No.
when placing your orers.
Unit Unit I Total
Item Part Number Description QTY List Net ' Extended
Price Price' Price
Note: AB SCIIX makes no warranty whatsoever in
regards to products or parts furnished by third parties,
such products or parts will be subject to the
warranties, if any, of their respective manufacturer.
The items quoted are being offered as a convenience
to the customer and may only be purchased in
conjunction with AB SCIIX products listed above.
THE SPECIAL DISCOUNTS APPLIED TO THIS
QUOTATION ARE VALID UNDER THIS QUOTATION
ONLY AND IS CONTINGENT UPON RECEIPT OF YOUR
PURCHASE ORDER FOR ITEMS AS QUOTED, ON OR
BEFORE THE "QUOTE VALID" DATE
Freight charges are prepaid and added to invoice.
Shipments are made immediately upon availability.
All orders made in reference to this quotation must
include all part numbers and quantities as listed. If
you would like to modify this order, please contact
your Sales Representative.
All information provided on this quotation is confidential between our Customer and AB SCIEX.
To place your order:
Fax # 650-627-2803, Attn: Sales Administration or phone 1-877-740-2129
PAGE 3 of 5
AB SCIEX GENERAL TERMS AND CONDITIONS OF SALE
These General Terms and Conditions of Sale ("Terms") shall govern all orders for and purchases of products and services
from AB SCIEX ("ABS"), including installation of equipment, unless other terms are specifically designated by ABS to apply
to a specific product or service, or ABS and buyer have entered into a master purchase agreement or other written
agreement that expressly provides that its terms supersede and replace these Terms with respect to the products or services
covered by the master purchase or other agreement (See Section 12, SOLE TERMS, INCONSISTENCIES. ORDER OF
PRECEDENCE).
1. PRICE The price for any product or service (hereinafter collectively "Product") shall be the price stated in ABS's quotation
to buyer for the Product ('ABS's Quotation") or, if ABS has not issued a quotation, ABS's list price of the Product at the
time ABS receives buyer's purchase order. ABS's quotations are valid for 30 days from the quotation date unless otherwise
stated in ABS's Quotation. If ABS's price is stated by reference to a price list then the price shall be ABS's list price in the
jurisdiction in which the Product is to be delivered or performed in effect at the time ABS receives buyer's purchase order.
Prices stated are exclusive of all taxes, fees, licenses, duties, levies or other governmental assessments ("Taxes") and, unless
otherwise stated in ABS's Quotation, shipping and handling charges. freight and insurance. All Taxes related to Product shall
be paid by buyer (other than taxes assessed against ABS's net income). or in lieu thereof, buyer shall provide ABS with a
tax exemption certificate acceptable to the relevant taxing authorities. Taxes and other charges payable by buyer may be
billed as separate items on ABS's invoice.
2. PAYMENT TERMS; COLLECTION COSTS; SECURITY TERMS. Payment terms are net 30 days from date of ABS's invoice.
If ABS deems buyer to be or to have become uncredilworthy, ABS shall have the right to require alternative payment terms,
including without limitation sight draft, letter of credit, or payment in advance. Payment for partial shipments shall be based
on unit or prorated prices, and payment for partial installation(s) shall be based on percentage of completion of installation,
as reasonably determined by ABS. If payment is not received by the due date, ABS may assess and buyer agrees to pay a
late payment charge at the rate of 1% per month (12% per year) or the maximum legal rate, whichever is less, of the
amount due from the due date to the date of payment. If ABS retains a collection agency or attorney to collect unpaid
amounts. ABS may invoice buyer for, and buyer will pay. all reasonable costs of collection, including without limitation
reasonable attorneys' fees. Buyer hereby grants to ABS and ABS reserves a purchase money security interest in all tangible
Product purchased from ABS, and in any proceeds thereof. for all amounts owing to ABS for or related to such Product.
Upon request by ABS. buyer shall sign any reasonable documents required for ABS to perfect such security interest and, to
the fullest extent permitted by law, buyer hereby expressly grants ABS authority and a limited power of attorney to file
financing statements and amendments thereto for and on behalf of buyer for such Product and any proceeds thereof.
Payment in full of all amounts owed for and related to such Product shall release such security interest in the Product and
proceeds.
3. CREDIT TERMS. ABS may, al any time and in its sole discretion, limit or cancel the credit of buyer as to time and
amount, suspend shipments, demand payment in cash before delivery of Product, or demand other assurances of buyer's
performance. If buyer fails to agree and comply with the different terms of payment demanded, or fails to give adequate
assurances of performance, ABS may. without prejudice to any other right or remedy ABS may have: (i) by notice to buyer,
treat such failure or refusal as a repudiation by buyer of that portion of buyer's order not then fully performed, whereupon
ABS may cancel all further deliveries, and any amounts unpaid for non-cancelled Product shall immediately become due and
payable; or (ii) make shipments under reservation of a security interest and demand payment against tender of title
documents.
4. ACCEPTANCE OF ORDERS, DELIVERY, TITLE AND RISK OF LOSS, INSTALLATION. ABS may accept or reject any buyer
purchase order for Product in whole or in part. If a purchase order is accepted. ABS will use reasonable efforts to ship
tangible Product or perform services. including equipment installation if agreed to by ABS, subject to the purchase order
within a reasonable time after ordered, or, if a shipment, service commencement or installation date is indicated in ABS's
Quotation or otherwise agreed upon in writing by an authorized representative of ABS. on or before such date. ABS may
make delivery in installments, and each installment shall be deemed to be a separate sale. ABS may render a separate
invoice for each installment, which invoice shall be paid without regard to prior or subsequent installments. Unless indicated
otherwise in ABS's Quotation, title and risk of loss with respect to all Products except Products that are software or
services, and risk of loss with respect to software, shall pass from ABS to buyer upon transfer of possession of the Product
to a common or other third party carrier at ABS's facility. If ABS has undertaken to install a Product, it is buyer's
responsibility, at buyer's cost, to have the installation site prepared and available for installation free of hazardous or unsafe
conditions and, unless ABS otherwise agrees, to move the Product, uncrated, from the buyer's delivery dock or receiving
location to the table top or other place of installation. Buyer shall not assign ABS personnel to work in biosafety level 3 or
level 4 laboratories without prior written notice to ABS and ABS's consent.
5. CANCELLATION AND DEFERRAL. BUYER MAY NOT CANCEL ANY PURCHASE ORDER. However. unless otherwise stated
in ABS's Quotation, buyer may defer the shipment date one time for up to 60 days for instruments and other hardware, and
up to 30 days for reagents, consumables and other tangible Product, by giving written notice to ABS at least 30 days before
the scheduled shipment date for instruments and other hardware, and at least 10 days before the scheduled shipment date
for other Product.
6. REJECTION AND RETURN OF GOODS. Any claims for damaged, missing or defective Product must be reported in writing
by buyer within 15 days from the date of buyer's receipt of the Product. In addition, buyer must promptly return a rejected
Product to ABS, C.O.D., unused and in a condition no worse than that delivered to buyer and in the Product's original
containers and packing material, accompanied by a valid return authorization number obtained from ABS. ABS may refuse any
Product not timely rejected or sought to be returned without a valid return authorization number. For any valid claim timely
made,Shipping
aagt its option, may repair the Product or replace the Product with an identical or substantially similar Product.
PRODUCT,hAND, EXCes will not be EPf FOR redited. THESE EXPRESS WRITTEN WARRANTY RIGHTS,LE AND FOR DEE EFECTIIVVE PRODUCT.EDIES FOR ABS mayGED R require
ING
that
buyer sign and deliver a properly completed certificate of decontamination prior to returning any Product.
7. LIMITED WARRANTY. ABS makes only those warranties with respect to Product expressly identified as "warranties" and
set forth in ABS's current operating manual or catalog, or in a specific written warranty included with and covering Product,
if any. Warranties are made only to the buyer purchasing the Product directly from ABS, are not transferable and do not
extend to the benefit of any other person or entity, unless otherwise expressly stated in writing by ABS. ANY PRODUCT
NOT COVERED BY AN EXPRESS WRITTEN WARRANTY IS SOLD AND PROVIDED "AS IS" WITHOUT WARRANTY OF ANY
KIND, STATUTORY, EXPRESS OR IMPLIED. Any description of Product recited in ABS's Quotation is for the sole purpose of
identifying Product, and any such description is not part of any contract between ABS and buyer and does not constitute a
warranty that Product shall conform to that description. Any sample or model used in connection with ABS's Quotation is
for illustrative purposes only, and is not part of any contract between ABS and buyer and does not constitute a warranty
that Product will conform to the sample or model. No affirmation of fact or promise made by ABS, whether or not in ABS's
PAGE 4 of 5
Quotation, shall constitute a warranty that Product will conform to the affirmation or promise. Unless otherwise specified in
writing in documentation shipped with Product or otherwise agreed by ABS in writing,ications. THE ABS does not provide service or
supSENTENCE OF THIS ARAGRAPH AREBS'S SOLE AND EXCLUSE WARRANTIES WITH RESPECT TO PRODUCT AND ARE NSP tom products or other AS made to O buyer's
TDTE
IN UBJ OF ALL OTHER WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, AU. OF WHICH OTHER WARRANTIES ARE
EXPRESSLY DISCLAIMED, INCLUDING WITHOUT UMITATION ANY IMPLIED WARRANTY OF MERCHANTAOUTY, FITNESS
FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR REGARDING RESULTS OBTAINED THROUGH THE USE OF ANY
PRODUCT (INCLUDING, WITHOUT UMITATION, ANY CLAIM OF INACCURATE, INVAUD OR INCOMPLETE RESULTS),
WHETHER ARISING FROM A STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF PERFORMANCE, DEAUNG OR
USAGE OF TRADE
8. INTELLECTUAL PROPERTY AND RELATED INDEMNITY.
8.1 BY ABS. Subject to the restrictions set forth in this Section 8 and provided buyer complies with its obligations in this
Section 8, ABS agrees to defend buyer, and indemnify buyer from and against any infringement damages finally awarded, in
any legal action or proceeding brought by a third party against buyer to the extent that such action is based on a claim that
the manufacture and sale of a Product by ABS infringes any United States or foreign patent, copyright, trademark or other
intellectual property right of such third party if ABS had actual knowledge of such intellectual property right and infringement
at the time of delivery of the Product to buyer. Notwithstanding the foregoing, ABS shall have no liability or obligation under
this Section 8 with respect to any claim of infringement based upon: (i) modifications to any Product made by buyer or a
third party; (ii) manufacture, assembly, labeling or branding of Product by ABS pursuant to specifications or designs or
requests for specific labeling or branding furnished by buyer. Notwithstanding anything herein to the contrary, ABS shall
have no indemnification obligations with respect to Product originating from a third party and provided under these Terms.
Buyers sole right to indemnification with respect to such third party Product shall be pursuant to the original manufacturer's
or licensors indemnification obligations. if any. to the extent provided by the original manufacturer or licensor.
8.1.1 Buyers Obligations. Buyer must notify ABS in writing of any claim for which it may seek defense and indemnity
from ABS hereunder promptly after becoming aware of such claim, make no admission of liability with respect to the
claim, and cooperate with and provide reasonable assistance to ABS, at ABS's expense with respect to reasonable out
of pocket expenses paid by buyer to third parties for such assistance, in the defense or settlement of such claim. ABS
shall have sole authority to defend and/or settle any claim under this Section 8. ABS's obligations under this
Section 8 are contingent upon buyers compliance with all of the foregoing.
8.1.2 Remedy for Infringement, Rights of ABS, Exceptions. If any Product or portion thereof is subject to a suit or
other legal proceeding claiming that the Product or such portion infringes a third party's intellectual property right, or
in ABS's opinion is (are) likely to become subject of such a claim, ABS shall, at its option, have the right to either:
(a) procure for buyer the right to continue using the Product; or (b) modify the Product so that it becomes
non-infringing; or (c) require buyer to return the Product and upon return. refund to buyer the price actually paid by
buyer for the Product, less a reasonable amount for use, damage and obsolescence; or (d) substitute for the alleged
infringing Product other suitable. non-infringing Products with comparable functionality.
8.1.3 ENTIRE UABIUTY. THE FOREGOING STATES THE ENTIRE UABIUTY OF ABS, AND THE EXCLUSIVE REMEDY
OF BUYER, FOR ANY INFRINGEMENT OR CLAIMED INFRINGEMENT OF PATENT, COPYRIGHT, TRADE SECRET OR ANY
OTHER INTELLECTUAL PROPERTY RIGHT BY OR IN CONNECTION WITH ANY PRODUCT.
8.2 BY BUYER FOR BUYER'S MODIFICATIONS OR SPECIFICATIONS. If buyer modifies any Product or furnishes ABS with
specifications or designs or requests for specific labeling or branding, buyer agrees to defend, indemnify and hold ABS
harmless against all liabilities. damages. costs, expenses and claims arising from or based upon buyer's modifications or
ABS's manufacture and sale of Product or other performance in compliance with such specifications or designs or requests
for labeling or branding.
9. COMPLIANCE WITH LAWS, USE OF PRODUCT, VAUDATION. Without limiting the generality of the paragraph above
entitled "LIMITED WARRANTY." unless otherwise expressly stated in writing by ABS, no claim or representation is made or
intended (i) as to any clinical use of any Product (whether diagnostic, prognostic, therapeutic, blood banking or any other
clinical use), (ii) that any Product has been cleared, approved, registered or otherwise qualified (collectively, Approval") by
ABS with any regulatory agency for use in any clinical procedure or for other use requiring compliance with any federal,
state, provincial, European or any other governmental agency or regulatory body regulating diagnostic, therapeutic, blood or
other clinical products, medical devices or similar products (collectively, "Regulatory Laws"), (iii) that any Product will satisfy
the requirements of any governmental body or other organization. including. but not limited to, the United States Food and
Drug Administration or the International Organization for Standardization, or (iv) that any Product or its performance is
suitable or has been validated for any specific use or application. Product should not be used for any purpose that would
require Approval unless proper Approval is obtained, or. in the case of use in diagnostic laboratory systems and then only to
the extent permitted by law, the laboratory has validated its complete system as required by the Clinical Laboratory
Improvements Act of 1988. as amended. in the United States or equivalents in other countries. Buyer agrees that if it
elects to use Product for a purpose that would subject buyer, its customers or any Product to the jurisdiction of Regulatory
Laws or other applicable law, buyer shall be solely responsible for obtaining any required Approvals or other approvals and
otherwise ensuring that its use of any Product complies with such laws. Unless otherwise expressly stated in writing,
Products have not been tested by or for ABS for any particular use or purpose, or for safely or efficacy. Buyer agrees that
it is buyer's responsibility, and not ABS's, to validate the performance of Products for any specific use or application and to
ensure that Products meet applicable regulatory, certification, validation or its other requirements, since the use and
performance characteristics of Products have not been validated by ABS for any specific use or application, except as may
be otherwise expressly set forth by ABS in writing. Product should be used in strict accordance with applicable instructions,
warnings and other information in user manuals and other Product documentation.
10. FORCE MAJEURE ABS shall not be liable for any delay or failure of performance, including without limitation failure to
deliver or failure to install, where such delay or failure arises or results from any cause beyond ABS's reasonable control,
including, but not limited to, flood, fire, explosion. natural catastrophe, military operations, blockade, sabotage, revolution,
riot. civil commotion, war or civil war, plant breakdown, computer or other equipment failure, unusually severe weather,
earthquake or other act of God, power loss or reduction, strike, lock-out, boycott or other labor disputes of any kind
(whether relating to its own employees or others), embargo, governmental regulation or an inability or delay in obtaining
materials. In the event of any such delay or failure of performance, ABS shall have such additional time within which to
perform its obligations hereunder as may be reasonably necessary under the circumstances; and ABS shall also have the
right, to the extent necessary in ABS's reasonable judgment, to apportion Product then available for delivery fairly among its
various customers in such manner as ABS may consider equitable.
11. UMITATION OF UAOUTY. TO THE FULLEST EXTENT ALLOWED BY LAW, IN NO EVENT SHALL ABS BE UABI.E,
WHETHER IN CONTRACT, TORT, STRICT UABIUTY, NEGUGENCE, WARRANTY, OR UNDER ANY STATUTE OR ON ANY
PAGE 5 of 5
OTHER BASIS FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, MULTIPLE OR CONSEQUENTIAL
DAMAGES SUSTAINED BY BUYER OR ANY OTHER PERSON OR ENTITY ARISING OUT OF OR CAUSE) BY PRODUCT,
ABS'S PERFORMANCE OR FAILURE TO PERFORM ITS OBLIGATIONS RELATING TO THE PURCHASE OF PRODUCT OR
PERFORMANCE OF SERVICES, ABS'S BREACH OF THESE TERMS, THE POSSESSION OR USE OF ANY PRODUCT, OR THE
PERFORMANCE BY ABS OF ANY SERVICES, WHETHER OR NOT FORESEEABLE AND WHETHER OR NOT ABS IS ADVISE)
OF THE POSSIOLITY OF SUCH DAMAGES, INCWDING WITHOUT LIMITATION DAMAGES ARISING FROM OR RELATED TO
LOSS OF USE LOSS OF DATA, DOWNTIME, PROCUREAENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR LOSS OF
REVENUE, PROFITS, GOODWILL, OR BUSINESS OR OTHER FINANCIAL LOSS.
12. SOLE TERMS; INCONSISTENCIES; ORDER OF PRECEDENCE These Terms, together with ABS's Quotation, any applicable
label license or patent statement or other written conditions of use, any other terms and conditions expressly agreed to in
writing by an authorized representative of ABS (collectively, "ABS's. Terms"), and buyer's statement on its purchase order (if
accepted by ABS) of the name or identity of the Product(s) purchased, quantity, delivery date, bill to and ship to address
and, if accurate, price (and only such information on buyer's purchase order), constitute the complete, exclusive and entire
agreement between ABS and buyer with respect to purchases of Product (unless other terms and conditions are expressly
designated to be applicable by ABS in writing), and ABS's offer to sell Product is expressly limited to such terms. Such
terms shall take precedence over and supersede and replace all prior or contemporaneous understandings or agreements.
written or oral, and any of buyer's additional or different terms and conditions, which are hereby rejected and shall be void.
Buyer's submission of a purchase order or other instrument for or regarding the purchase of Roduct, whether or not in
response to an ABS Quotation, shall be deemed acceptance of and agreement to ABS's Terms to the exclusion of any other
terms and conditions appearing in or referenced in such purchase order (except the name or identity of products purchased,
quantity, delivery date, bill to and ship to address and, if accurate, price) or other instrument, which are hereby deemed to
be material alterations and notice of objection to which is hereby given, notwithstanding anything contained to the contrary
in buyer's purchase order or other instrument or elsewhere. Any acceptance by ABS of any offer of buyer is expressly
conditioned on buyer's assent to and acceptance of ABS's Terms to the extent they are additional or different terms from
those of buyer's offer. Except as otherwise provided in these Terms. in the event of an inconsistency between these Terms
and the terms appearing on ABS's Quotation or other agreement signed by an authorized representative of ABS, the terms
appearing on ABS's Quotation or such other agreement shall supersede and take precedence over the inconsistent provision(s)
of these Terms, and all other provisions of these Terms shall remain in full force and effect.
13. NO IMPLIED RIGHTS. Nothing in these Terms shall be deemed or construed (i) as a license or grant of any intellectual
property rights, whether express, implied, by estoppel or otherwise; (ii) to limit ABS's rights to enforce its patent or other
intellectual property rights. including, without limitation, as to use of any Product beyond that granted under any patent or
other intellectual property label license or statement applicable to the Product; (iii) as granting buyer any right to be supplied
with any Product or component thereof beyond those ordered by buyer and supplied by ABS in accordance with these
Terms; or (iv) as a license or grant of any right to buyer to manufacture or to have manufactured any Product.
14. CHOICE OF LAW. Any contract between ABS and buyer relating to Product, including these Terms. and any disputes
relating thereto, shall be governed by and construed in accordance with the laws of the State of California, U.S.A., excluding
both its choice of law provisions and the United Nations Convention on Contracts for the International Sale of Goods.
15. EXPORT CONTROLS. Buyer agrees that it will not export or transfer Product for re-export in violation of any United
States laws or the laws of any other jurisdiction. or to any denied or prohibited person, entity. or embargoed country in
violation of such laws.
16. MISCELLANEOUS. No amendment of ABS's Quotation or these Terms or modification thereof shall be binding unless in
writing and signed by a duly authorized representative of both ABS and buyer. ABS's failure to exercise any rights hereunder
shall not constitute or be deemed a waiver or forfeiture of such rights or any other rights hereunder. Headings are included
herein for convenience of reference only and shall not constitute a part of these Terms for any other purpose. If any
provision of these Terms shall be held to be invalid or unenforceable for any reason, such provisions shall, to the extent of
such invalidity or enforceability, be severed without in any way affecting the remainder of such provision or any other
provision thereof, all of which shall continue in full force and effect.
v906
Esther Gesick
From: Barbara Kirkmeyer
Sent: Tuesday, February 22, 2011 2:16 PM
To: Bruce Barker; Esther Gesick
Subject: Fw: Regional Lab Request
From: Barbara Kirkmeyer
To: 'DMontgomery@ci.firestone.co.us' <DMontgomery@ci.firestone.co.us>
Sent: Fri Feb 18 09:57:01 2011
Subject: Re: Regional Lab Request
Ok- looking forward to seeing you!
Barb
From: David Montgomery <DMontgomery@ci.firestone.co.us>
To: Barbara Kirkmeyer
Cc: charvey@lasalletown.com;jmichaels@windsorgov.com; mark.jones@greeleypd.com; 'Juan.Cruz@greeleypd.com'
<Juan.Cruz@greeleypd.com>; Bruce Martin; Michael Rourke
Sent: Fri Feb 18 09:46:13 2011
Subject: RE: Regional Lab Request
Commissioner Kirkmeyer:
Thank you for your response; Barb, personally I was not aware of the secondary function of the board of county
commissioners other than that of the commissioner representative of the Weld County Drug Task Force Control Board. I
will note that being a member of this board for several years and serving as chair for a third time,this information is
valuable for me to know. With that said, I will continue to educate myself on the functions of the board of Weld County
Commissioners when dealing with matters of the Drug Task force.
It is always a pleasure and honor for me to have the opportunity to visit with such an honorable group, therefore I will
see you all Tuesday, February 22, 2011 at 10:00am. And drive time is well worth it...
Respectfully,
Chief David L. Montgomery
FBINA 181 Session
Firestone Police Department
151 Grant Ave. Firestone CO 80520
303-833-0811
Fax 303-531-6271
The following e-mail and attachments (if any), contain information that is CONFIDENTIAL, is FOR LAW
ENFORCEMENT USE ONLY, and may constitute NON-PUBLIC INFORMATION. It is intended to be conveyed only
to the designated recipient(s). If you are not an intended recipient of this message, please notify the sender at
(303) 833-0811. UNAUTHORIZED USE, DISSEMINATION, DISTRIBUTION, OR REPRODUCTION OF THIS MESSAGE
AND ATTACHMENTS (IF ANY) IS STRICTLY PROHIBITED AND MAY BE UNLAWFUL.
1
From: Barbara Kirkmeyer [mailto:bkirkmeyer@co.weld.co.us]
Sent: Thursday, February 17, 2011 11:55 PM
To: David Montgomery
Cc: charvey@lasalletown.com;jmichaels@windsorgov.com; mark.jones@greeleypd.com;
'Juan.Cruz@greeleypd.com'; Bruce Martin; Michael Rourke
Subject: Re: Regional Lab Request
Chief Montgomery:
I can't sign off or approve without authorization of the Board of County Commissioners. You or any Task Force
member are more than welcome to attend the work session but I was anticipating it would last for only about
15 mins. I thought Commander Martin could brief my Board and answer any possible questions. I don't believe
there are any issues
I was able to get the work session squeezed in next Tues at 10:00am- rm 350 in the Centennial Bldg.
Would you like to conference call in?? I feel bad you would drive 45 mins one way for a 15min work session.
Please let me know-
Thanks
Barb
From: David Montgomery<DMontgomery@ci.firestone.co.us>
To: Barbara Kirkmeyer
Cc: charvey@lasalletown.com;jmichaels@windsorgov.com; mark.jones@greeleypd.com; 'Juan Cruz'
<Juan.Cruz@greeleypd.com>; Bruce Martin; Michael Rourke
Sent: Thu Feb 17 06:27:53 2011
Subject: RE: Regional Lab Request
Commissioner Kirkmeyer:
In follow-up of previous emails concerning the Weld County Drug Task Force Control Board meeting Tuesday, February
15, 2011. The meeting was call to order promptly at 11:00 A.M. Board members present:
Chief David Montgomery,Task Force Control Board Chairman
Chief Carl Harvey, Board Member
Commander Bruce Martin/WCSO
Captain Juan Cruz/Greeley PD
LT. Mark Jones/Greeley PD
Excused Absent—Chief John Michaels
The attached item was approved by the Weld County Drug Task Force Control Board at its regular meeting on Tuesday,
February 15, 2011 by a unanimous vote. Chief Michaels, who was absent sent his vote by email on 2/11/2011,voting
yes. Once the control board has voted such approvals,then I must contact the representatives from the Weld County
D.A.'s Office and the Weld County Commissioner's representative for approval. The D.A. representative has given
approval and now I wait for your approval. My understanding is that you have requested a work session with the
County Commissioners regarding this item before any further actions. Please advise the date and time of the work
session, so that I may clear my schedule to attend. If you have any questions concerning protocol and responsibility of
the Drug Task Force Control Board, please do not hesitate to call or contact me. I can be reached at my office phone
number, 303 833-0811 or my cell 24/7 303 901-1054.
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Thank you and respectfully,
Chief David L. Montgomery
FBINA 181 Session
Firestone Police Department
151 Grant Ave. Firestone CO 80520
303-833-0811
Fax 303-531-6271
The following e-mail and attachments (if any), contain information that is CONFIDENTIAL, is FOR LAW
ENFORCEMENT USE ONLY, and may constitute NON-PUBLIC INFORMATION. It is intended to be conveyed only
to the designated recipient(s). If you are not an intended recipient of this message, please notify the sender at
(303) 833-0811. UNAUTHORIZED USE, DISSEMINATION, DISTRIBUTION, OR REPRODUCTION OF THIS MESSAGE
AND ATTACHMENTS (IF ANY) IS STRICTLY PROHIBITED AND MAY BE UNLAWFUL.
From: David Montgomery
Sent:Tuesday, February 15, 2011 1:31 PM
To: 'bkirkmeyer@co.weld.co.us'
Subject: FW: Regional Lab Request
Importance: High
Barb:
Northern Colorado Regional Forensic Laboratory, WCSO
Request Funding-$6,820(equipment nitrogen generator)
The attached item was discussed at today's Weld County Drug Task Force Control Board meeting. There has been much
discussion via email and based on the need for this equipment to assist in the analysis of control substances, the control
board voted unanimously yes. Please review and acknowledge by email.
Thank you,
Chief David L. Montgomery
FBINA 181 Session
Firestone Police Department
151 Grant Ave. Firestone CO 80520
303-833-0811
Fax 303-531-6271
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The following e-mail and attachments (if any), contain information that is CONFIDENTIAL, is FOR LAW
ENFORCEMENT USE ONLY, and may constitute NON-PUBLIC INFORMATION. It is intended to be conveyed only
to the designated recipient(s). If you are not an intended recipient of this message, please notify the sender at
(303) 833-0811. UNAUTHORIZED USE, DISSEMINATION, DISTRIBUTION, OR REPRODUCTION OF THIS MESSAGE
AND ATTACHMENTS (IF ANY) IS STRICTLY PROHIBITED AND MAY BE UNLAWFUL.
From: Bruce Martin
Sent: Monday, January 24, 2011 6:59 AM
To: 'DMontgomery@ci.firestone.co.us'; 'Carl'; John Michaels; 'Juan Cruz'; 'Mark Jones'; Christian Schulte
Subject: Regional Lab Request
Greetings,
Please review the attached request for funding ($6,820)from the Regional Lab. The request is for a piece of
equipment (nitrogen generator)that will be used with existing scientific analysis equipment currently in use in
the lab. I had hoped to bring this request to the meeting last week but was unable to attend due to a family
emergency. If no one has objections, would an electronic vote suffice?
Bruce R. Martin
Weld County Sheriff's Office
Division Commander
Internal Affairs & Professional Standards
(970)356-4015 Ext. 2851
(970)302-4821 Cell phone
"Always do right. This will gratify some people and astonish
the rest."
-- Mark Twain
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Hello