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HomeMy WebLinkAbout102795 WESCO DISTRIBUTION INC - PURCHASE ORDER - 9117133n City of � ,,�rt Collins Date: 12/01/2011 Vendor: 102795 WESCO DISTRIBUTION INC 11333 E 55TH AVE UNIT A DENVER Colorado 80239-2029 PURCHASE ORDER PO Number Page 9117133 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: 12/01/2011 Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Extended Ordered Price 250W STREETLIGHT 40 EA 133.0000 70127817 70127817 BULK STREETLIGHT FIXTURE, HIGH PRESSURE SODIUM, 250W, 240/120 DUAL VOLT., WIRED 240V; BODY MOUNTED AUTO-REG BALLAST, WITH P.E. RECEPTACLE, WITHOUT P.E. CELL, SINGLE DOOR, FLAT LENS, TYPE III MEDIUM CUTOFF DISTRIBUTION, G.E. S/T M2RC25S7A2GMC3156 WITH 019 TERMINAL BOARD, BRONZE FINISH, CONNECTED 240 VOLT, (NOTE: LAST 3 DIGITS OF PART NUMBER DESIGNATES FORT COLLINS' SPECIFIC REQUIREMENTS AND CAN VARY WITH EACH ORDER.) GENERAL ELECTRIC, PER DESCRIPTION; Delivery: 4 weeks 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 Total Invoice Address: 5,320.00 $5,320.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tcrms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-0H502. Federal Excise Tax Exemption Ccr ifeme of Registry 84-6000587 is registered with the Collector 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 1973. Chapter 39-26. 114 (a), exercise any rights or remedies pmvided heroin or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofthc design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to mad specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of wrinen purchaser to insist upon strict performance herenforany ofie; rights or remedies as to any such goods. regardless instructions from the Cityof Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported anal modification or rescission of this purchase order by the Purchaser operate as a waiver of any Of the terms Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. 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 pan of the City of Fen Collins. However, it is to be understand that FINAL Seller and the Purchaser recognize that in actual economic practice overcharges resulting fmm antitrust ACCEPTANCE is dependent upon completion ofe11 applicable required inspection procedures. violations are in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this Purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or herea0er Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St. Fort Collins. CO 80522, unless acquired under federal or state antitrust Imes for such overcharges relating In 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. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing paints in various parts of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted fmm Invoice when Purchaser and the Seller, and the Seller thercn0cr indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distance. may cause the work to be performed by the most expeditious means available to it, and the Scllcr shall pay all costs associated with such work. Permits. Seller shall procure 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 where the work is perfomwd, or required by am other duly constituted public authority having jurisdiction over the work of vendor. SeTh r further agrees to hold the City of Fort Collins harmless form and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, mlcs and requimments. Authorisation. All panics to this contract agree that the rcprtsentatives arc. in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions %rated herein set forth sad any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terns 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 of the essence. Delivery, and performance mum be effected within the time stated on the purchase Order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance offenial late deliveries, shall operate as a waiver of this provisiou. In the event of any 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 reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence, such acts of God. acts ofeivil or military authorities, governmental priorities, fors, strikes, flood, epidemics, ours or rims provided that notice of the conditions causing such delay is given to the Purchaser within five (5) clays of the time when the Seller fast received knowledge thereof. In the event of any such delay, the date of delivery shall be cxtcvded for the period equal to the time actually lost by reason of the delay. b. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable droving,, specifications, samples and/or other descriptions given, will be fit for the purposes intended, sad 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 err incur on account of the Sellers breach of waranty. 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 m may be prescribed by law or by the terms ofany applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unmasonably delayed), resulting form imperfect or, defective work done or materials famished by the Seller. Acceptance or use of goals by the Pumhater shall not constitute a waiver ofany claim under this womanly. 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 wnmnties or guarantees, but such liability shall in no event include loss of profits or loss of usc. 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. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the quanfities originally ordered in the specification or drawings, by verbal or waiucn change order. If any such change affects the amount due or the time ofperfnrmancc hereunder, an equitable adjusmtcnt shall be made. 6. TERMINATIONS. The Purchaser may at any time by u'rmcn change order, terminate this agreement as to any or all portions of the goods than not shipped, subject ro any equitable adjustment between the panics as to any work or materials then in progress provided 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 to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller ofany of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thin (30) days fmm the date the change or termination is milcred. R. COMPLIANCE WITH LAW, The Seller warrants thin all goods sold hereunder shall have been produced, sold, delivered and famished 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 agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser m a result of the Sellers failure to comply with such lase. 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 ofthc other parry. 10. TITLE. The Seller wamnts 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, reservations, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance ofsueh work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors. mincers and employees of such party. The Seller's contractual obligations, including warranty, shall not be deemed to 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 to use any design, device, material or process covered by letter, patent trademark 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 design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, experua or damage which it may be Obliged to pay by reason ofsueh infringement at any time during the persecution or after the completion ofthe 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 part 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 anninfringing equipment or modify it .m it becomes noninfringing. IS. INSOLVENCY. If the Seller shall become insolvent or bankrupt 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 afterms used or the interpretation ofthe agreement and the rights of all panics hereunder shall be construed under and governed by the laws ofthc State of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Scllers Represenmlivc(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same, is fully completed and accepted, and shall. in case 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 mvn expense and to the satisfaction of the Purchaser. When materials and equipment arc furnished by others for installation or erection by the Seller. the Seller shall receive, unload, store and handle same at the site and become responsible thcmfor as though such materials and/or equipment were being famished by the Seller under the order. IS. INSURANCE. The Seller shall, at his own expense. provide for the payment of vvorkem compensation. including Occupational disease benefits, to its employees employed on or in connection with the work covered by this puml or. 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 carry comprehensive general liability including. but not limited to. contractual and automobile public liability insurance .with bodily injury and death limits of at least S300,000 for any one Person, S500.006 fnr any one accident and pmpeny 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 premixes ofothces. the Seller shall famish the Pnrchascr.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 certificates 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 ofany kind or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser 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 property to which the Purchaser may be put or subject by reason of any act. action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors oficets, agents or employees. In case any suit or other proceedings shall be hmught against the Purchaser, or its effects, agents or employees at any time on account or by reason ofany act, action, neglect, omission or default of the Seller ofany of his contractors or any of its or their oRcem, agents or employees as aforesaid. the Seller hereby agrees to assume the defense thereof and to defend the mums at the Sellers own expense, to pay any and all costs, charges, attorneys fives 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 obtained against the property ofthe Purchaser, or said panics in or as a result of such suite or other proceedings, the Seller will al once cause the same to be dissolved and discharged by giving bond or otherwise, The Seller and his common. shall take all safety precautions, famish and install all guards necessay for the prevention of accidents. comply with all Imes and regulations with regard to safety including. but without limitation, the Occupational Saferyand Health Act of 1970 and rill rues and regulations issued pursuant thereto. Revised 03/2010