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HomeMy WebLinkAbout102795 WESCO DISTRIBUTION INC - PURCHASE ORDER - 9121981City of /10"" _rt Collins Date: 04/04/2012 Vendor: 102795 WESCO DISTRIBUTION INC 11333 E 55TH AVE UNIT A DENVER Colorado 80239-2029 PURCHASE ORDER PO Number Page 9121981 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: 04/04/2012 Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Extended Ordered Price 15OW STREETLIGHT 70127814 70127814 BULK STREETLIGHT FIXTURE, HIGH PRESSURE SODIUM, 15OW, MULTIVOLT BODY -MOUNTED AUTO-REG BALLAST, WIRED FOR 240V OPERATION, W/ 55 VOLT LAMP OPERATION, P.E. RECEPTACLE, SINGLE DOOR, FLAT LENS, MEDIUM CUTOFF TYPE III LIGHTING DISTRIBUTION, BRONZE FINISH GENERAL ELECTRIC, M2RC15SOA2GMC3-029 Delivery - 4-5 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 120 EA 125.5500 15,066.00 Total Invoice Address: $1 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tcrnis and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fen Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04503. Federal Excise Tax Exemption Certificate of Registry 84-6001587 is registered with the Collector of Failure of the Purchaser to insist aline strict performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Be, iscd Stmules 1973. Chapter 39-26. 114 (A). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller is the event of a beach, the acceptance efor payment for goods hereunder or approval ofthe 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 anv 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 remained to you for credit and am not to be replaced cxecpt upon remipt M written purchaser to insist upon strict performance hcreoforany of its rights or remedies es to anv such nerds. regardless inshuctinns fmm the Citv of Fort Collins. of when shipped, received or accepted, As to any prior or subsequent default hcmandcc nor shall any purported oral toMification or rescission of this purchase order by the Purchaser opemte as a waiver of any of the terms Inspection. GOODS are suhlect to the City effort Collins inspection on arrival. benefit. 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 Fen Collins However, it is to he understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection prmc lams, violations arc 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 new have or hereafter Freight Terms Shipments must be F.O.N.. City of Fort Collins, 700 Waal Sr. Fen 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 n prepay freight and charge separately, the original freight purchased m acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance Where manufacturers have distibuting points in various parts of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments arc made from greater distance. 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. Icmtery or 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 incurred by them by reason of an asscned or established violation of any such laws, regulations, ordinances. rules and requirements. Authmrintion. All panics to this contact agree that the representatives arc, in fact. bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purehasc Order expressly limini acceptance 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 tcmw and conditions proposed by seller are objected to and heeby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifynu cannot make complete shipment to Arrive on your premised delivery date as noted. Time is of the essence. 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 ofpanial late deliveries, shall operate As A waiver oflhik provision. In the event of anv delay, the Purchaser shall have, in addition to ether legal and equitable remedies, the option of placing 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 arc beyond its reasonable control and without its fault ofncgligcncc. such acts ofGod. acts ofeivil or military authorities, governmental priorities. Bros, strikes Bad, epidemics wars or riots pmvidcd that notice of the conditions causing .such delay is given to the Purchaser 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 Seller warrants that all gads, 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 perfumed 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 lost damage or expense which the Purchaser may suffer or incur an 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 terns ofany applicable warranty provided by the Seller afier the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed). resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall net constitute a waiver ofany claim under this ware my. Except as otherwise provided in this purchase order, the Scllcrs liability hereunder shall extend to all damages proximately caused by the breach ofany of the foregoing wamntles or guarantee. 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 chances to legal terms by written change enter. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tents. other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or writen change order. If any such change affects the amount due orthe time ofperformance hereunder. an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written chance order, terminate this agreement as to Any or all portions of the gads then not shipped, subject to any equitable adjustment beween the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profs on the uncompleted potion of the goods and/or work, for incidental or mosc lacatial damages, and that no such adjustment be made in favor of the Seller with respect to any grad which are the Scllcrs standard stock. No such termination shall relieve the Purchaser or the Seller of any oftheir obligations as to any grads delivered hereunder. 7. CLAIMS FOR ADJUSTMENT, Any claim for adjustment must he assetcd within thin (30) days fmm the date the change or termination is odcred. R. COMPLIANCE WITH LAW. The Seller warning, that all pools sold hereunder shall 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 ns may be required to effect or evidence compliance. All laws and regulations required to be incorperated in agreements of this chancier are hereby incorporated herein by This reference The Seller agrees to indemnify and hold the Purchaser homeless from all costs And damages suffered by the Purchaser as a result of the Scllcrs failure to comply with such law. 9. ASSIGNMENT. Neither puny shall assign, transfer, or convey this order, or any monies due or to became due hereunder without the prior written consent of the other party. 10. TITLE. The Seller ,..at, full, clear and unrestricted title to the Purchaser for all equipment materials. and items furnished in perfan ance of this agreement. free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser dircets the Seller to correct nonconforming or defective good by a date to he 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 cxpcdilimrs 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 fmm All liability and claims of any nature resulting from the Performance ofsuch work. This release shall apply even in the event of fault of negligence of the part' released and shall extend to the directors, officersand employees ofsuch party. The Sellers contractual obligations, including,artanty, shall not be deemed to he reduced, in any way, because such work is pafommed or caused to he 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 Trent anv 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, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution on after the completion of the work. In case said equipment. or any part 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 Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but nnninfringing equipment, or modify it so it becomes nnninfringing. 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 Scllcrs property or business. this order mny forthwith he canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftemms used or the interpretation of the agreement and the rights of.11 panics hereunder shall be communed under and governed by the laws of the State of Colorado, USA. The following Additional Condition apply male in cases where the Seller is to perform work hereunder. including the sere ices of Sellcrs Representative(s), on the premises efuthers. 17. SELLERS RESPONSIBILITY. The Seller shall tarty on said work at Sellers men risk until the same is filly completed and accepted and shall, in case of any accident, destruction or injury to the work andfor materials before Sellers final completion And 'acceptance, complete the work At Seller's own expense and to the satisfaction of the Parehomr. When materials And equipment arc furnished by others for installation or cmclimn by the Scllcq the Scllcr shall receive, enlond, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. 19, INSURANCE. The Seller shall, at hip own expense, pmvidc for the payment ref workers compensation, including occupational disease bcncrim. to its employees enmpleyed on or in connection with the work covered by this purchase order. andler 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, contactual and automobile public liability insura me with ImdiN injury nml death limits .(at least SItm.000 for anv one person. 5500,000 for any one accident and pmperty damage limit per accident of S400,000. The Seiler 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 ethers, the Seller shall furnish the Perchnscr with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have bran 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 Seiler hereby assuaws the entire respensibili y and liability for any and All damage, loss or injury ofany kind or nature whatsmver to persons or property caused by or resulting fmm the execmion of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hamBcu the Purchaser and env or all of the Purchase¢ officers. agent and employees from and against any and All claims, losses, damages. charges or expenses, whether direct or indirect, and whether to person or pmNoy to which the Purchaser may he put or subject by reason of any net, action, neglect, emission or default on the part of the Scllcr, any of his contractors or anv of the Scllcrs or contactors officers, agents or employees. In case any suit in other pmeeedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of any act, action, neglect. omission or default of the Seller ofany of his contractors or any of its or their officers. agents or employees as 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, atomeys fees and other expenses, any and ill jndnmcnts that may be incurred by or obtained against the Purchaser or any of its or their effacers, agents or employees in such suits or other proceedings. and in case judgment or other lien he placed upon or obtained against the property of the Purchaser, or said panics in or as a result of such suits or other proceedings, the Seiler will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all .safety precautions, furnish and install all guards necessary for the prevention of accidents. comply with All Imvs and regulations with regard to safety including, but without limitation. the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant fierce. Revised 03/2010