HomeMy WebLinkAbout102795 WESCO DISTRIBUTION INC - PURCHASE ORDER - 9141511Fort Collins
Date: 03/11/2014
Vendor: 102795
WESCO DISTRIBUTION INC
11333 E 55TH AVE UNIT A
DENVER CO 80239-2029
PURCHASE ORDER
PO Number Page
9141511 7of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: UTILITY SERVICE CENTER - WA
CITY OF FORT COLLINS
700 WOOD ST
FORT COLLINS CO 80521
Delivery Date: 03/11/2014 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
I 6764-8408
200A term insul stand off
100 EA 86.0000 8,600.00
TERMINAL, INSULATED PARKING BUSHING (STAND-OFF), 200A,
8.3 KVLG/25 KVLL (USE TO ISOLATE ENERGIZED 200A LOADBREAK ELBOWS)
STAINLESS STEEL
ELASTIMOLD, 164-SOP-G;
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by Gerry S. Paul
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
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
1. COMMERCIALDEfA11S.
Tax exemptions. By staple the City of Fan Collins is exempt f state and local taxes. Our Exemption Number is
98-01502. Federal Excise Tax Exemption Certificate of Registry 84�-6000587 is registered with the Collector of
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Sumter 1973, Chapter 39-26, 114 (a).
Goods Rejected. GOODS RFJEM ED due to failure to meet specifications, either when shipped or due to defects Of
damage in transit, may M returned to you for credit and are not to be replaced except upon receipt Of written
instructions Bom the City of Fen Collins.
Inspection. GOODS are subject on the City of Fan Collins inspection on arrival.
Final AcVTmmy. Receipt of the merchandise, services or qulpmed in response to Ws order can mull in
authorized payment on the Pan of the City of Fin Collins. However, it is to be understood that FINAL
ACCEPTANCE is dependent upon completion of all applicable requird inspection pmcedum.
Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless
otherwise specified m this order. If permission is given to prepay freight and charge separately, the on't freight
bill must accompany invoice. Addatimil charges for packing will not be acecptd.
Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is
expected from the nearest di,aibntlmr point to destination, and excess freight will be deducted from Invoice when
shipments are made from greater dismam,
Pamiu. Seller shall procure at sellers sole cost all necessary, pennies, certificates and licenses required by all
applicable laws, regulations, oNiremV, end rules of the .to, municipality, lerritory or political mbdivisma where
the work is performed, or required by any other duly combined public authority having jurisdiction over the work
of vendor. Seller fuMer agrees to hold the City of Fort Collins harmless from aM against all liability and loss
nerd by them by reason of an opened or established viclatlou of any such lawi. regulations, oNimoces, roles
mad requirements.
Authorization. All parties p this contract agree that the repremnutiv. arc, in fact, bans fide and possess full and
complete uuthorry to bind said panics.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated
herein see forth and any supplementary or additional coma and conditions annexed hereto or unconfirmed herein by
fiflemnc,. Any additional or different mans and conditions pmpi al d by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make ventricle shipment to arrive on your
promised delivery date as noted. Time is of the essence. Delivery and pechromium must be eff r.d within the time
riled W the purchase He, and the documents amVmJ harem. No ac% of the Purchasers including, without
limitation, acceptance ofp anal late deliveries, shall Operate as a waiver of Nis provision. In the event Gimpy delay,
the Purchaser shall hale, in addition to other legal and equitable remdies, the option of placing this order elsewhere
and holding the Seller liable for damages. However, rose Sella shall rat M liable for damages u a result of delays
due to causes not reasonably foreseeable which am beyond its reasonable VmMI and without its fault if negligence,
such acts ofGOd, acts of civil Or ordinary authorities, goveemnenul Frontier, fires, strikes, food, epidemics, wars or
riots provided that notice of the conditions causing such delay is given m she Purchaser within five (5) days of the
time when the Seller first received knowledge thereof. In late event of any such delay, the date of delivery shall be
extended for the period quad to he time actually lust by reason of the delay.
3. WARRANTY.
The Seller warrands that all goods, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples auVor other descriptions given, will be fit for the purpxm intended, and
performed with the highest degree of care and competence in accordance with aceepded sundmds for work of is
similar nature. The Sella agrees to hold the purchaser harmless from any loss, damage or expense which the
Purchaser may suf m recur on account of the Sellers breach of warranty. The Seller shall replace, repair or make
good, without cost to the purchaser, any Jet" or fomu raising within one (1) year or within such longer period of
time as Only M Pmcnbed by law or by the to. of pry applicable commonly Provided by dire Seller aft the date of
acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect
or defective work done or materials Pomished by the Seller. Acceptance or sew 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 if the foregoing wi mantles
or guarantees, but such liability shall in no event include lass of profits ar loss 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 u'naen change major.
5. CHANGES IN COMMERCIAL TERMS.
1M Purchaser may make any changes to the corms, other dram legal teems, including addidmms to or deleimes firm
the quantities originally ordered in the spedficmlo . or drawings, by vebal or wren change order. If any such
change aHctts the moral due or the time ofperfomsnce bereuMer, an equitable adjustment shall M made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, terminate this agreement or to any it all portion Of the
goods then not shipped, subject to any equitable adjustment between the panic w In any work or mammals then in
progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
punion of the goods enNor 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 rrNnts. shall relieve
the Purchaser or the Seller ofany of their obligations as to may goods delivered hVVmde.
9. CLAIMS FOR ADJUSTMENT.
Any claim for adjnstrnent most be assured within thins (30) days form rise date the change or termination is
m3fiV&
8. COMPLIANCE PITH LAW.
no Seller warrants that all goods sold hereunder shall have been produced, sold delivered and fiWdrhd in strict
compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute it
deliver such documents . may be required to effect or evidence compliance. All laws and regulations required to M
incorporated in ugnamems of this charade it hereby incorporated herein by this reRrmc,. The Seller ague. p
indemnify and hold the Purchaser hnrmls from all costs and damages suffered by the Purchaser as a result of the
Sellers failure on comply with such law.
9. ASSIGNMENT.
Neither party shall script, transfer. or convey this order, or any monies due or to become due hercuvda without the
'nor wrinan resent ofthe aw, parry.
10.TITLE.
The Soler wriew. full, clew and mu.Nemd fills to the Purchases for all equipment, mammals, and if. furnished
in perfnarro. if Nis agreement, feet and clear of any and all liens, mtridiom, nervations, securiry interest
encumbrances and claims of others.
II. NONWAIVER.
Failure of the Purchaser to insist upon strict performance of the terms end conditions hereof, failure or delay to
exercise any rights or remedies provided M1ertht or by law, failure to promptly notify the Seller in the event of a
breach, the acceptance of or payment for goods hereunder or approval of rise design, shall not release the Sella of
any of the wananries or obligations of this purchase order and shall not be deemed a waiver of any right of the
purchaser to insist upon strict performance Mmufor any of its rights or remedies w to any such goods, regardless
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any paryaned
Oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Eurehaur reeognim chat in actual ccoaomic practice, o ercVeRw resulting from political
violations am in fact bane by the Purchaser. Theretofore, for good cause end as considemeion for executing this
purchase order, the Selk hereby assigns to the Purchaser any and all claims it may now, have or hereafter
acquired under Judicial or state mtl rout laws for such manchaeges relating to the Particular goods of services
purchased or acquired by the Purchaser pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to correct nonconforming or defective goods by a date m be agreed upon by the
Purchaser end the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
may cause the work to M performed by the mist expeditious means available to it, and the Seller shall pay all
costs associated with such work.
The Seller shall release the Purchxa, and its writmcm. of any diet from all liability and claims of any ..One
resulting from the Performance ofsuch work.
This release shall apply even in eho event of fault of negligence of the Emery rem.ed and that extend to the
slum urs, officers and employees ofsuch party.
The Sellers communist obligations, including warranty, shall net M deemed to M reduced, in any way, because
such work is Performed Or caused to M Recommit by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, material or process covered by letreq parent, nadVeark
or cO,ynghl, the Shcer shall indemnify and save harmless the Purchaser from any and all claims for infringement
by mosin if the um of such patented design, device, material or process in connection with the contract. end
shall indemnity the Purchaser for any cost, expense or damage which it may be obfiged do pay by reason of such
infringement at any time during the prosecution or after the completion of the work. In ease said equipment, or
any pan thereof or the inlended use of the good, is in such suit held to consturce infringement and the sew of
said equipment or pat is enjoined, the Seller sbid[, at its awn expense and at its option, credo procure fof the
Purchaser the right to continue using said equipment or pans, replace Ne same with substantially equal but
noninfnnging equipment, or prowly it so it becomes noninfringing.
IS. INSOLVENCY.
If the Seller shall become insolvent it bankrupt, make an assignment for the benefit if cred omi, appoint a
or tnuslet for any of the Sellers property or business, this order may foMwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions ofterms used or the freestanding ofthe agreement and the rights ofall pries hereunder shall be
com aced under and governed by the laws ofthe Some ofColOmdo, USA.
The fWasyng Additional Conditions apply only in when the Sella is to pert we& hereunde
including due spices ofSdlcm Represenptivc(e). on the premises proms..
17. SELLERS RESPONSIBILITY.
The Sella shall tarty on mid work at Sellers own risk until the were is fully completed and accepted, and shall,
in are of any accident, destruction or injury to the work road., mammals before Sellers final completion and
acceptance, complete the work at Sellers own capers, and to the mmisscmian of the Purchaser. When mammals
and equipment are famished by others for installation or erection by the Salle, the Sella shall receive, unlmd,
store and handle same at the site and become responsible therefor w though such materials and/or equipment
were being famished by the Seller under the order.
18. INSURANCE.
no Seller shall, at his own expense, provide for the payment of worker compenmtioa including occupational
disease benefit, to its employees employed on or I. comcccion with the work covered by this purchase ordea
tanker w their dependents in accofdance with the laws of Nc sum in which the work is on be done. The Seller
Shull alms cony comPrehemive intend liability including, but not limited to, mntmcmal and amomobile public
liability insurance with bodily injury also death burns of an lVel S30o.nno for any one person, S500,000 for any
one accident and property damage limit per accident of S400,000. The Seller shall likewise require his
contradnrs, if any, to provide for such confirmation and insurance. Before any of the Sellers or his contractors
employees shall do very work upon the premises crushers, the Seller shall famish the Purchaser 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 compem lion
unit insurance expires. the Seller agrees than such compensation and insurance shall be maintained until spot the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire mponsib hey and liability for any and all damage, lass or injury oremy kind
or more whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in
Nis purchase Drake on in canto in herewith. The Seller will indemnify and hold harmless the Purchaser and any
or all of the Purchasers oRcers, agents and employees from and against any and all claims, losses, damages,
charges or expenses, whether direct or aid,., and avhether m persons or'mryery m which the Puehaser may
M put or subject by reason of any act, action, neglect, omission or defult on the pot of Ne Seller, any of his
contractors, or any of the Sellers or contractors officers, agents or mpdoyees. In case any suit or other
proceedings shall M brought against the Purchaser, or its officers, agenu or mployees at any time on account or
by reason if any over, action, neglect, omission it 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 cow, charges, attemsys fees and other expenses,
any and all judgments that may be incurred by or obtained against the ruminator 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 lose property of the Purchaser, or mid probes in or as a result of well suits in labor proceedings,
the Seller will at once cause she mine to M dissolscel Vd dewharged by giving bond or otherwise. The Seller and
his contractors shall at all safey precaution, famish and install all guard accessary fro life Prevention of
accidents, comply with dl sws and regulations with regatd no safety including, but without limiution, the
Ompalimal Safety and Healed AV of 1970 and all roles and regulations issued porsuma theelu.
Revised 03QO10