HomeMy WebLinkAboutLinde Gas/Liquid Oxygen
Bulk Business Group
November 6, 2006
Mr. Donald Fontaine
Purchasing Agent
City of Oshkosh, City Hall
215 Church Ave
Room 312
Oshkosh, VV154903-1130
Dear Mr. La Fontaine:
I would like to take this opportunity to thank you for choosing Linde Gas, Bulk Business Group for your
oxygen supplier. Linde acknowledges your bid for the supply of liquid oxygen to your facilities located in
Oshkosh and Green Bay for the period commencing January 1, 2007 and terminating December 31,
2009.
Linde Gas further acknowledges that the entire commercial agreement between us consists of the
information contained in the Notice to Vendors dated October 23, 2006 and attachments thereto, which
are attached to this Letter Agreement and fully incorporated herein, Except as expressly stated in said
Notice, the following contingencies shall apply to this transaction:
Linde warrants that Product delivered to Purchaser shall conform to Linde's standard specifications. THIS
IS LINDE'S SOLE VVARRANTY AND SHALL BE IN LIEU OF All VVARRANTIES, EXPRESS OR IMPLIED, INClUDING,
VVITHOUT LIMITATIONS, ANY IMPLIED VVARRANTlES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. THIS AGREEMENT EXCLUDES, AND LINDE HEREBY SPECIALLY DISCLAIMS, ALL IMPLIED
VVARRANTlES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
FOR ANY PRODUCT NOT CONFORMING TO THE FOREGOING SOLE EXPRESS WARRANTY, THE EXCLUSIVE
REMEDY OF PURCHASER AND THE SOLE OBLIGATION OF LINDE SHALL BE FOR LINDE TO REPLACE, FREE OF
CHARGE, ANY SUCH PRODUCT; PROVIDED, HOWEVER, THAT PURCHASER SHALL GIVE lINDEWRITTEN
NOTICE OF ANY ClAIM FOR REPLACEMENT OF ANY NONCONFORMING PRODUCT WITHIN A REASONABLE
TIME NOT TO EXCEED THIRTY (30) DAYS AFTER DELIVERY OF SUCH PRODUCT. THE FAILURE TO GIVE SUCH
TIMELY NOTICE SHALL CONSTITUTE PURCHASER'S WAIVER OF THE CLAIMS RELATING THERETO,
INCLUDING, WITHOUT LIMITATION, ALL CLAIMSFOR CONSEQUENTIAL DAMAGES RESULTING FROM NON-
CONFORMING PRODUCT.
Purchaser acknowledges that there are hazards associated with the use of Product, that it understands
such hazards, and that it is the responsibility of the Purchaser to warn and to protect its employees and
others exposed to such hazards through purchaser's storage and use of the Product. Purchaser solely
assumes all risk of loss, damages or destruction, to property, use, business, profits or injuries to persons,
whether direct, indirect, consequentiat special of incidental, caused by handling or use of the Product
by Purchaser or it's employees in willful or negligent disregard of the instructions set forth in the
Material Safety Data sheets.
Linde Gas LtC
4802 Pflaum Road
Madison, WI 53718
Phone (608) 223-9080
Fax (608) 223-9083
www.us.lindegas.com
--r:ax\608) 223~9083._._..
www.us.lindegas.com
Madison, WI 53718
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We sincerely thank you for this bid award, and hope that our products and services meet with your
complete satisfaction. If the foregoing terms and conditions are acceptable to the City of Oshkosh, water
Filtration Plant, please indicate your acceptance and approval by having both copies of the Letter
Agreement executed in the space provided below and returning one fully executed copy of the Letter to
my attention.
Sincerely,
LinMe as'V:=B.. Ik Business Group
~.
. . .
.,
Joti R. Hansen
Sales Representative
Accepted and Agreed to:
City of Oshkosh (Water Filtration Plant)
BY,'2//! ~
Title:Richard A. Wollangk, City Manager
Date:
Nov. 30~ 2006
Title: Pamela R. Uhrig; City Clerk
Date:
Nov. 30. 2006
provisions
have bee) 1.0 pay tM liability which will
accrue under this contract
.. ~N~US) Q~
City Comptroller
Linde Gas tLC
4802 Pflaum Road
Madison, WI 53718
APpr~.',~ _
By: i g~
Title: lynn A. lorenson, Asst. Ci ty Attorney
Date: Nov. 30 ~ 2006
By:
Title:
Date:
Phone (608)223-9080
Fax (608) 223-9083
www.us.linde<)as.com