HomeMy WebLinkAbout102795 WESCO DISTRIBUTION INC - PURCHASE ORDER - 9123287City of
Fart Collins
Date: 06/08/2012
Vendor: 102795
WESCO DISTRIBUTION INC
11333 E 55TH AVE UNIT A
DENVER Colorado 80239-2029
PURCHASE ORDER
PO Number Page
9123287 1o12
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: 06/07/2012 Buyer: OPAL DICK
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 6766-8426
600A, basic elbow housing
67668426
08M3
TERMINAL BASIC ELBOW HOUSING, 600A, WITH
TEST POINT
ELASTIMOLD, K656-BLR;
Delivery: Stock
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
200 EA 53.0000 10,600.00
Total $10,600.00
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Ordcr Terms and Conditions
Page 2 of 2
I. COMMERCIAL DETATLS.
Tax exemptions. By statute the City affair Collins is exempt from state and local taxes, Our Exemption Number is
95-0,1502. Federal Excise Tax Exemption Certificate of Registry 94-6000597 is registered with the Collector of
Internal Revenue, Denver, Colorado (Ref. Colomdo Revised Stamics 1973. Chapter 39-26. 114 (a).
Goods Rejected. GOODS REJECTED due to failure to mcot specifications, either when shipped or duc to dcfects of
damage in transit, may be rewmed to you for credit and are not to be replaced except upon receipt of wrincn
instructions from the City of Fort Collins,
Inspection. GOODS am subject to the City of Fan Collins inspection on mmval.
11. NONWAIVER.
Fri hire of the Purchaser to insist upon strict performance of the toms and conditions herco I. Gi i lure or delay In
exercise any rights or remedies provided herein or by law, failure to promptly noti fv the Set let in the event of a
breach. the acceptance of or payment for goods herenndn or approval of the design, shall not release the Shcor of
any of the wammiss or obligations of this purchase order and shall not be decried a waiver of any right of the
purchaser to insist upon strict performance hereof ornny of its rights or remedies as to any such goods, regardless
of whim shipped, received or accepted, as to any prior or subsequent default hereundc+. not shall any purported
oral modification or am asion of this purchase order by the Purchaser operate as a avaiver of any of the terms
hcrcof.
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 Pon Collins However. it is to he understood that FINAL Seller and the Purchaser recognize that in netual economic practice, overcharges resulting from rntitmst
ACCEPTANCE is dependent upon completion ofall applicable required inspection procediums. violations are in fact bonne by the purchaser. Theretofore, for good cause and as consideration for cxcctititig this
Purchase under, file Scllcr hereby assigns to the Purchaser any and all claims it may now have or hereafter
Freight Terms. Shipments must be F.O.B., City of Fan Collins. 700 Wood St., Fort Collins, CO 90522, unless acquired under fcdcml or state rntitmst lows for such overcharges relating to the par iadar goods car 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 manuf rmrers have distributing points in various pans of the country. shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to he agreed upon by the
expected From the actrrn distribution point to destinntion, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thcm Acr indicates its inability or unwillingness to comply, the Purchaser
shipments are made firms, greater distance. mry cause the work In be performed by the most expeditious means available to it, and the Seller shall pay all
casts rssociatcd with such work.
Permits. Seller shall procure cal sellers sole cost all necessary permits, certificates and licenses required by all
applicable laws, regndntions, tirdiaanccs and roles of the state, municipality, tcuitnry, or political suMliwision where
the work is performed, or required by any other dtdy constituted public authority having jurisdiction over the work
of vendor. Seller further agrees to hold the City of Fort Collins harmless fmm and against all liability and loss
incurred by them by reason of an tasseled or established violation of any such Imvs, regulations, ordinances. talcs
and requirements,
Authorization. All panics to this concoct agree that the representatives are, in fact. bona fide and possess full and
complete authority to bind m id panics.
LIMITATION OF TERMS. This Feminist, Order expressly limits acceptance to the terms and conditions stated
heein set forth and any up,learna y or additional terms and conditions annexed hereto or incorporated herein by
reference. Any additional or different tans and conditions proposed by'seller are objected found hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive can your
premised delivery date as noted. Time is of the essence. Dcliven' and performance must be effected within the time
stated on the purchuc order and the documents attached hereto. No acts of the Purchasers including, without
limitation, acceptance ofp ur ial late deliveries, shall Operate as it waiver of this provision. In the event ofnny delay.
the Purchaser shall have, in addition to tither legal and equitable remedies, the option ofplacing this order elsewhere
and holding the Seiler 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 fruit afnegligence.
such acts of God, acts ofeivil or military authorities governmental priorities. Gas, strikes, flood, epidemics wars or
riots provided that notice of the conditions causing such delay is given In the Purchaser within five (5) days of the
time when the Seller firal 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 lore by reason of the delay.
3. WARRANTY.
The Seller aaamnts that all goods, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples andlor other descriptions given, will he fit for the purposes intended, and
performed with the highest degree of care and competence in accordance with accepted standards far work of a
similar nature. The Seller agrees to hold the purchaser hnrmless from any loss, damage or expense which the
Purchaser may su Rcr ar incur can account of the Sellers breach ofournnty. The Seller shall replace, repair or make
good, without cost to the purchaser, any dcfects ar faults arising within one (1) year or within such longer period Of
time as may be pmscribed by law or by the terms ofnny npplicable warranty provided by the Seller after the date of
acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed). resulting firma imperfect
or defective work done ar materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not
constitute a waiver ofnny claim under this wamnty. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages pr ximmcly caused by the breach of any of the foregoing warranties
ar guarantees. but such liability shall in no event include Inns afpmfits m Inc ofusc. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANCES IN LEGAL TERMS.
The Purchaser may make changes to legal tems by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes In the terms, other than legal terms. including additions to or deletions from
the quantities originally ordered in the specifieatiam or drawings, by verbal or wrincn change order. If any .such
change affects the amount due or the time ofpcerfomanee hereunder, an equitable adjuastment shall be made.
fi. TERMINATIONS.
The Purchaser may at any time by women change order, tcminatc this agreement as in any car all ponions of the
goods then not shipped, subject ti any cgnitable adjustment bouven the panics as to any work or materials then in
pmgrcss provided that the Purchaser shall tut be liable for any claims for anticipated profits on the uncompleted
portion of the goods and/or work, far incidental or consequential damages, and that no such adjustment be made in
favor of the Seiler with respect to any goods which are the Sellers standard stock. No such termination 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 must be asserted within thirty (30) days fmm the date the change or termination is
ordered.
R. COMPLIANCE WITH LAW.
The Seller wamnty that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict
compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and
deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to he
incorporated in agreements of this character arc hereby incorprmted herein by this reference. The Seiler agrees to
indemnify and hold the Patch.. harmless form all costs and damages suffered by the Purchaser as a result of the
Scllcrs failure to comply with such law.
9. ASSIGNMENT.
Neither parry shall assign, transfer, or convey this order, or any monies due or to become due bercundor without the
prior written consent of the other party.
10. TITLE.
The Seller warrants full, clear and unrestricted title to the Purchaser for all equiprwnt materials, and items furnished
in performance of this agreement free and clear of any and all liens, restrictions, resemmions, security interest
encumbrances read claims ofothcrs.
The Seller shall release the Purchaser and its contractors of any tier tram all liability and claims of aqv nature
resulting form the perfommnce of such work.
This release shall apply even in the event of fault of negligence of the puny released and shall extend to the
directors, office s and employees of such party.
The Sellers contractual obligations. including wamnty, shall ant be deemed to he reduced, in any way, because
such work is Performed or caused to be perfumed 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 front 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 ray cost, expense or damage which it may be obliged to pay by reason ofsach
infringement at any time during the prosecution or after the completion of The work. In case mid equipment, or
any pan thcrenf or the intended use of the goods, is in such snit held to constitute infringement and the use of
said equipment or pan is enjoined the Seiler shall, at its own expense and at its option, either pmeurc for the
Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but
naninfringing equipment, or modify it so it becomes anninfringin£.
15. INSOLVENCY.
If the Seller shall became iamlvcnt or l a it mpt. make an assignment for the benefit of crediwrs. appoint a
receiver or trustee far any of the Sellers prnpeny or business, this order may forthwith he canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions ofterms used ar the interpretation ofthe agreement and the rights ofall panics huninder shall be
construed underand governed by the laws ofthc State ofColomdo, USA.
The following Additional Conditions apply only in cases where the Seller is In perform work hereunder,
including the services of Scllcrs Rcprcscmr4c(s), can the premises ofufl cc.
17. SELLERS RESPONSIBILITY.
The Seller shall cmav on said work at Seller's own risk until the same is fully completed and accepted, and shall.
in case of any accident. destruction or injury to the work andlor materials before Scllcrs final completion and
acceptance, complete the work at Scllcrs own expense and to the satisfaction of the Purchaser. When materials
and equipment arc furnished by others for installation or erection by the Seiler. the Seller shall receive, unload.
store and handle same at the sit, and become responsible therefor as though such materials andlor equipment
were being furnished by the Seller under the order.
IR. INSURANCE.
The Seller shall, at his won expense. provide far the payment of workers compensation, including oceupationtil
disease benefits, to its employees employed can or in connection with the work covered by this purchase order.
and/or to their dependents in accordance with the laws of the 'file in which the work is to be done. The Seller
shall also carry comprehensive general liability including, but not limited to. contraction] and automobile public
liability insurance with bodily injury and death limits of at (cast S30i for any one Perron. S500,000 for any
one accident and propc y 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 ofothcrs, the Seller shall famish the 1'umhascr with it 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 InSmauC, expires The Scllcr agrees that such annpcnsition and insiormcc shall he maintained until a uer the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller herchy rssumcs the entire responsibility and liability for any and all damage, loss or injury afony kind
or nature whatsoever to Persons or property caused by or msulfing from the execution ofthc work provided far in
this purchase order or in connection herewith. The Seller will indemnify and hold hamdar the Purchaser and any
ar all of the Purchosers oRecrs, agents and employees fmm and against any and all claims, losses, damages,
charges or expenses, whether direct or indirect. and whether to persons Of pmncny to which the Purchaser mry
he pat or subject by rcrsoa of any act action, neglect, omission or default on the pan of the Seller. any of his
contractors. or tiny of the Scllcrs or contractors officers, agents or employees In case any suit or other
Proceedings shill he hmught 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 of any 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, attomcys fees and other expenses,
any and all judgments that may be incurred by or obtained against the Purchaser or am' of it 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 of the Purchaser. afraid parties in or as a result of such suits or other pmccedings.
the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seiler and
his contractors shall take all "few precautions flush and install all guards necessary for the prevention of
accidents. comply with all laws and regudntions with regard to anfcty including, but without ]imitation, the
Occupational Saf ty and I lenith Act of 1970 and all rules and regulations issued pursuant thereto.
Revised 03/2010