Loading...
HomeMy WebLinkAbout102795 WESCO DISTRIBUTION INC - PURCHASE ORDER - 9112830Fort Collins Date: 05117/2011 Vendor: 102795 WESCO DISTRIBUTION INC WESCO AURORA UTILITY 16401 E 33RD DRIVE STE 10 AURORA Colorado 80011 PURCHASE ORDER PO Number Page 9112830 1 1of2 This number must appear on all invoices, packing slips and labels. Ship To: UTILITY SERVICE CENTER - WA CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 05/17/2011 I Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 7012-7809 U 70W, 120V, streetlight 70127809 BULK 50 STREETLIGHT FIXTURE, HIGH PRESSURE SODIUM, 70W, 120V, ENCLOSED, HIGH POWER FACTOR, WITH PROTECTED STARTER AND P.E. RECEPTACLE, 3" I.D. SLIP FITTER POST TOP MOUNTED, IES TYPE III, UTILITY TYPE HOLOPHANE, PTU070HP12BC3BHP DELIVERY: 4-6 WEEKS PER QUOTE DATED 5-17-2011 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO 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 EA 603.0000 30,150.00 Total $30,150.00 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 I. COMMERCIAL DETAILS, Tax exemptions By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-0,1502. Federal Excise Tax Exemption Certificate of Registry R4-6000587 is registered with the Collector of Fulnrc of the Purchaser to insist upon strict pmfninm nce ofthe Icrmz and conditions hereof. failure or delay to Internal Revenue, Denver. Colorado (Ref. Colorado Revised Sutures 1973. Chapter 39-26. 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of i breach, the acceptance of or 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 wamnties or obligations Of this purchase Order and shall nut he revived a wive, of any right of the damage in transit, may be returned to you for credit and arc not to he replaced except upon receipt Of written Purchaser to insist upon strict performance hercofor any of its rights or remedies as to nay such goods. regardless instruction, form the City of Fort Collins. of when shipped, received or accepted as to any prior or subsequent default hereunder, nor shall any purported coal modification or rescission of this purchase Order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS arc subject to the City of Fort Collins inspection on nnival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting front antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures, violations are in fact home by the Purchaser. Theretofore for gemd cause and as considemtion for executing this purchase order, the Seller hereby assigns to the Parchascr any and all claims it nay n v have err hereafter Freight Terms. Shipments must be F.O.B., City oI Fort Collins. 700 Wood 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 order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance Whcrc manufacmrcrs have distributing points in various Pans of the country, shipment i expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall proeurc at sellers sole cost all necessary, permits. certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision whcrc the work is performed. or rcquircd 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 foam and against all liability and Inn incurred by them by reason of an asserted or established violation of any such laws, regulations ordinances mles and requirements. Authorization. All panics to this contract agree that the represenmtives are. in fact, bona ride and possess fill and complete authority to bind said panics. LIMITATION OF TERMS. This Purchau Order expressly limits acceptance to the Ices 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 seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your premised delivery, date as noted. Time is ofthe esscncc. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto, No acts of the Purchasers including. without limitation, acceptance of partial late deliveries, shall opeae as a waiver of this provision. In the event ofany 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 Seiler shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence. such acts of God, acts of civil or military authorities governmental priorities fires, mikes, Blind, epidemics. wars or nou provided that notice Mthc conditions causing such delay is given to the Purchascr within five (5) days ofthe time when the Seller first received knowledge thcrenf. In the event of any such delay, the date of delivery shall he extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable dwings, 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 Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Scllcrs breach of wamnty. The Seller shall replace. repair or make good, without cast to the purchase,. any defect, Or faults arising within one (I) year or within such longer period of time as may be preened by law or by the terms Of any applicable warranty provided by the Seiler aper the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Sri lee Acceptance or use of goods by the Purchaser shall not constitute a waiver of any 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 wamnties or guarantees, but such liability shall in no event include Inn of profits Or Inss 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 wrincn change order. S. CHANGES IN COMMERCIAL TERI IS. The Purchaser may make any changes to the teens. other than legal Icmrs, including additions tom deletions from the quantities Originally ordered in the specifications or dmwinp. by verbal or wriuco change Order. If any such change affects the amount due or the time ofperfomance hereunder, an equhable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, temrinate this agreement its to any or all portions Of the good then not shipped. subject to any equitable adjustment between the panics as to any work or materials then in progfxss prai that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental Or consequential damages, and that no such adjustment be made in favor of the Seller with respect in any good which arc the Scllcrs standard stock. No such coordination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or termination is Ordered. 8. COMPLIANCE WITH LAW. The Seller wamnty that all goods sold hereunder ,hall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller apices to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Pumhaser 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 ofthe other panv. IO.TITLE. The Seller warranty full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all liens restrictions, rescrx'ations, security interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthc 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 f or-e Rer indicates its inability or tow illingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. The Seller ehall release the Purchaser and its contractors of any tier foam all liability and claims of any mature resulting from the performance Ofsech work. This release shall apply even in the event of fault of negligence of the party released and shall exrcnd to the directors, officer; and cmployccs of such piny. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced. in any may. because such work is performed or caused to be perfomed by the Purchaser. 14. PATENTS. Whenever the Seller is rcquircd to use tiny design, device, material or process covered by letter, patent. trademark or copyright, the Seller shall indemnify and save harmless the Purchascr from any and all claims for infingement by reason Of the use of such patented design. device, material or process in connection with the contract, and shall indemnify the Purchaser for tiny cost, expense or damage which it may be obliged to ryry by reason of such infringement at any time during the prosecution Or offer 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 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 Purchnscr the right to continue using said equipment or pans, replace the more with substantially equal but noninfringing equipment, or modify it so it becomes noninforging. 15. INSOLVENCY. If the Seller shall become insolvent or hankntpt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this under may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used Or the interpretation of the agreement and the rights of all panics hereunder shall be constmcd under and governed by the laws of tle State of Colori USA. The following Additional Conditions apply only in eases where the Seller is to perform work hereunder. including the services of Scllcm Representative(,). an the premises ofnthers. 17, SELLERS RESPONSIBILITY. The Seller shall carry on said work for Seller's own risk until the same is fully completed and accepted, and shall. in case Of nnv occident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work tit Seller's own expense and to the satisfaction ofthe Purchaser. When materials and equipment arc furnished by others for installation Or creation by the Seller, the Seller shall receive unload. store and handle same at the site and become responsible therefor as though such materials and/or equipment men, being famished by the Scllcr under the order. 19. INSURANCE. The Scllcr slmll, it his own cxp"sc, provide for the payment cf workers compco,ainn, including re cupntinnol disease benefit,. to its employees employed on or is connection with the work covered by this purchase order. and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also tarty comprehensive general liability including, but not limited to, contractual and automobile public liability insurance .with bodily injury and death limits of at ]cast S300.0116 for any one person. S500.000 for any one accidcm and property 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 Ofhets, the Scllcr shall furnish the Purchaser with a cer ifieafe that such compensation and insurance have been provided. Such certificates shall specify the date wvhen such compensation and insurance have been provided. Such certificates shnll specify the date velen 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 Seiler hereby assumes file entire responsibility and liability for any and all damage. loss or injury ofany kind Or nature whrmnever to persons or propenv caused by or resulting Farm the execution ofthc work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchascr and any Or 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 persons or propenv to which the Purchaser may be put or subject by reason of any act action, neglect emission or default on the pan of the Scllcr, any of his contmetom, or any of the Scllcrs or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser. or its officers, agents or employe" at any fime on sec our nr by reason of any act, action, neglect emission or default of the Scllcr of any of his contractor, or any of it, or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the suns at the Scllcrs own expense, to pay any and all costs, charges, attomcys Ices and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its Or their offerers, agents or employees in such suits or other proceedings, and in case judgment or other licit be placed upon or obtained against the property of fhe Purchaser, or said panics in or as a result of such suits Or other proceedings. the Seiler will at once cause the same to he dissolved and discharged by giving bond or mhcncisc. The Scllcr and his contractors shall fake ill safety precautions, furnish and install all guard 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 and all mles and regulations issued pursuant theme. Revised 0312010