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HomeMy WebLinkAbout102795 WESCO DISTRIBUTION INC - PURCHASE ORDER - 9141544Fort Collins Date: 03/14/2014 Vendor: 102795 WESCO DISTRIBUTION INC 11333 E 55TH AVE UNIT A DENVER CO 80239-2029 PURCHASE ORDER PO Number Page 9141544 1of2 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: 03/13/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price insert; bushing well 600 EA 31.0000 18,600.00 67648324 67648324 08C3 TERMINAL BUSHING WELL INSERTS, 200 A CONTINUOUS, 200A SINGLE PHASE AND 3-PHASE LOADMAKE/LOADBREAK, 8.3 LG/ 14.4/LL, WITH ARC -QUENCHING MATERIAL COMPATIBLE WITH THERMOSET OR THERMOPLASTIC ELBOW MATERIAL AND COPPER CURRENT CARRYING COMPONENTS, WITH TORQUE FITTING ELASTIMOLD, 1601A4; 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 L COMMERCIALDETAILS. Tax exemptions. By statue Ne City Of Fort Collins is exempt farm state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Cri ificam of Registry 84-6000587 is regismred wind the Collector of ImmmL Revenuq Denser, Colorado (Ref. Colorado Revised Stinum 1973, Chapter 39-26,114 (a). Goods Rejected. GOODS REJECTED due at failure to men spaifion turn, either when shipped or due to ides. of damage in nmnsit may be reamed to you for crtdlt and art not to be replaced except upon receipt of write¢ insmsctions farm the City of Fon Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can fesult it authorized payment On do authorized Of the City of Fort Collins. However, it is to be understood 'barFlNAL ACCEPTANCE is dependent upon completion of AI applicable required inspection procedures. Freight Terms. Shipments must be ROB., City of poet Collins, 700 Wood St, Fort Collins, CO 80522, unless otherwise specified on this aide, If permission is given to prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges for packing will not he acceptW. Shipment Distance. Where manufacm¢rs have distributing points in vanow pans of the country, shipment is expected farm the contest distribution point to destiwrlon, and excess freight will be deducted from Invoice when shipments art made from gnrater do.—. Permits. Seller shall procure at sellers sole cast all nmesvry pemtio, cerificmes and licersm required by all applicable laws, regulations, stalwarts and rules of the she, municipality, territory or political suadivision where the work is performed, or required by any other duly constituted public i uthenry havingjurisdictian over the work of vend.,. Seiler further agrees m hold Ne City or Fon Cullirs harmless farm and against all liability eat loss incurred by them by retain of an asserted or establish d violation of any such laws, reg hours, ordinances, roles and requimmenrs. Authorization. All parties to this contract agree that the m,mmctmisre are, in fact, bow Ede and possess fall and amplem authority to bind said pamrs- I.IMITA3'ION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terns and conditions annexed harem or incorporated herein by reference. Any additional or different terms and conditions proposed by sally ere objected to and hereby rejected. 2. DELIVERY, PLEASE ADVISE PURCHASING AGENT immadviddy if you ..at make complete shipment b amve on your parmised delivery date as paled, lime is of the essence. Delivery and performanee rout be a@sled within the time stated on the purchase meet and the daumens attached hereto. No acts of the Purchown including, without limitn um, accapance of parrial late deliveries, shall operate as a waiver of Nis provision. In On, evens ofany delay, rise Purchaser shall have, in addition to other legal and equitable rearadies, the option of placing this order elsewhere ant holding the Seller liable for damages. However, the Seller shall rot be liable for damages as a result of delays due to ca eons cat reaowbly foreseeable which are beyond its rtawwble control road without its fault of neglimmes. such acts of God, rods ofcivil or military eothoriries, govemmenal priorities, Tres, stokes, Rand, epidemic, source rims provided Nei a mice re the ed knowledge carving sack delay is given n Ne h deM1ase within five (5) days of the time when the Seller first received lnowledge thereof. In the merit .(any such delay, the dale of delivery shall he entendeJ for rM1e period equal to Ne time actually lost by reason of Ne delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples major 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 . similar nature. The Seller agrees to hold the purchaser harmless from any lass, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach ofwarranty, The Seller shall replace, repair or make good, without cost to due purchase, any defects or faults arising within one (I) year or within such longer penod of time as may he presented by law or by the tams of any applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not b he inimnausibly delayed), resulting from imperfect Or defective work done or materials famished by the Seller. Acceptance or we of good by the Purchaser shall not constitute a waiver ofany claim ceder this warmnry. Except m 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 warram irs r guarantees, but such liability shall in no event include loss of profs or 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 0legal ra. by canton change order 5. CI IANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions m or deletions from the quantities originally ordered in the specifications or drawings, by verbal or wdnen change Order. If any such change ¢Rats the amount due or the time of performance hereunder, an equiable adjustmem shall be made. 6. TERMINATIONS. The Purchaser may at any time by wnnrn change court, emmiwm this agreement as to any or all poniom Of the goods then not shipped, subject to any entrust adjustment between the ponies as to any work or materials then in progress provided Nat Ne Purchaser shall not be ],able for any claims for anticipated paraffin, on the account Portion of the goads andtor work, for incidental or consequential damages, and Rat no web adjustment he made in favor of Ne Seller with respect to any goods which are the Seiler, standard stock. No such transaction tion stall relieve the Purchaser or the Seller ofany of their obligatiom m to any good delivered hereunder. 9. CLAIMS FOR ADJUSTMENT. Any claim far adjustment mom he assured whim. Nitry (30) days farm the doe the change err mmtiwrion is oourred. 8. COMPLIANCE WITH LAW. The Seller wutmnts that ail goods said hereunder shall have been produced sold, delivered and f isla d in indict compliance with all applicable rows and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be repaired On effect or evidence compliance. All laws and marlanors mquiml to he incorporated in agreements of this character arc hereby incorporated herein by Nis reference. The Seller agrees m indemnify and hold the Purchaser hamtless from all casts and damages suffered by the Purchaser as a result of the Sellers Failure m comply with such law. 9. ASSIGNMENT. Neither party shall assign, mamfe, or convey this order, or any monies due or to become due hereunder without the PH., written consent of the other party. IBTITLE. The Seller warrants full, clear and unrestricted title m the Purchaser for all acluipmrnl, materials, and items famished in performance of Nis uncommon, free and clear of my and all lien, rutriction, raenatian, smarty interest encumbrances and claims of others. II. NONWAIVER. Failure ofthe Purchaser no insist upon slot performance of the terms and mMitions hereof, failure or delay to exterrise any rights or canaries provided herein or by row, failure to promptly notify the Seller is He event of. breach, the acceprartee of or pzymrnt far good hereunder or approval Mdhe design, shall not release the Seller of any ofthe wanantias or obligations of this purchase order and shall not be dcemN a waiver of any right of Be Purchaser to insist upon strict performance hereofor any of its fights or remedies as to any such goods, regardless of whm shipped received or accepted, as to any poor or subsequrnt default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the tenor hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact Force by the Purchaser. Tlmrnofns, Ifor 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 hereafter acquired under ordered or sore amionsr laws for such overcharges relating to the particular good or services purchased or acquired by the Purchaser pursuant to this purchase under. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to comma nonconforming or defective goods by a data to he agreed upon by the Purchaser and the Seller, it on Seller thereat er indicates its inability Or unwillingness m comply, the Paramour, may cause the work to be perfonoeJ by the mast expedition means available Ira it, and the Seller shall Pay all casts associated with such work. The Seller shall release the Purchaser anti its contractors of any tier from all liability and claims of any wture resulting farm the performanre ofsuch work. This release shall apply even in he event of fault of negligence of the party released and shall extend to the directors, oRcars and employees of such party. the Seller's contractual obligations, including warm rty, shall not be deemed to he reduced, in any way, because such work is unfiurmed 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 bycopyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement trusam Of the we of such pa ter ed design, device, material or parcesc in connection with the contract, and shall indemnify rise Purchaser for any cost, expense or damage which it may be obliged to pay by notion of such infringement at any time during the prosecution or after the completion of the work. In case said cquipmmt, or any part Hereof or the intended use of the good, is in such suit held to co stimte infringement end the use of said equipment or pan is enjoined, the Seller shall, ar its own expense ad at its option, either procure far the Purchoser the right to continue using said equipment or parts, wFiare the same wind m1coun Bally equal but noninfringing equipment or modify it so it becomes noninGnging. 15. INSOLVENCY. If the Seller shall become insolvent or baJnpt make as assignment far the bene0r of creditors, appoint a receiver or trance for ropy of the Sellers property or business, this order may forthwith be canceled by the Purchaser withoutliabilim. 16. GOVERNING LAW. The definitions of terms used or the interpretation ofthe agreement and the rights of all parties Poteundm shall be, curatorial under end governed by the laws Mthe State OFColumdc, USA. The fallowing Additional Conditions apply only in where the Seller is to perform work hereunder, including the services of Sellers Raftmaenmtive(s), on thecases prem¢es ofoWers. 19. SELLERS RESPONSIBILITY. The Seller shall Carty on said work i t Sellers awn risk until the same is fully completed and accepted, and shall, in case of any cecident, destruction or injury to the work wMar materials before Sellds ftwl completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Perclums. When materials sad uiparrat art ft hM by others for installation or crtclien by the Seller, the Seller shall receive, unload, store and handle same at the site vM become rapowible therefm as though such materials aMsor equipment wart he, famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide far the payment of workers compensation, including occupaliand disease benefits, in its employees employed on or in connection with the work covered by this purchase order, andbr to their dependents in accordance with the laws of the some in which the work is to be done. The Seller shall also cant' comprehensive general liability including, but not limited to, conrmmund and automobile public liability insurance with bodily injury and death limits orm learn 530gIXp for any one Person. 550g1100 for any one accident and property damage limit per accident of $400,000. The Seller shall likewise certain his contractors, if any, to provide for such compensation and insurance. Before coy of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser wind a certificate that such compensation and insurance have been provided. Such certifwtes shall specify the dare when such compensation and insurance have been provided. Such certificztes shall specify the date when such compensation and hournme expires. The Seller agrees that such compensation and insurance shall he maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assurnm the enlim roust rnibiliry and liability for any and all damage, loss or injury ofany kind r nature whatsoever m persons Or property caused by or resulting harm the execution of the work provided far in this purchase maker or in coanemiou herewith. The Seller will indemnify and held hamlets rho Purchaserand any or all of the purchasens oRcers, agents and employees fmm aM against any and all claims, lease, damages. Charges or expenses, whether direct or indirsel, and whether to pe.am or property to which the Purchaser may be put or subject by reason of my act, action, elect omission or default an the part of flue Seller, any of his scrum ums or any of Ne Sellers or contractors olfears, agents Or employes In case any suit or other procredup shall be brought against the Pumhua, or its officers. agents or employees in any time on account or by reason of any act, action, neglect, omission or default of the Seiler of any Of hh contractors or my of its or their of etwi, agents or, employees as aforesaid, the Seller hereby agrees Ira assume the date. thereof and to defend he same at the Sellers own expense, to pay any and all costs, charges, atemrys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their otlivers, 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, or said panics in or as a result of such suits or other proceedings, the Seller will at once cause the same to he dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall sake all safety Portraiture, famish and install all guards necessary for the paramount of accidents, comply with all laws anW regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulation issued pursuant thereto. Revised (DE 010