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HomeMy WebLinkAbout102795 WESCO DISTRIBUTION INC - PURCHASE ORDER - 9141585Fort Collins Date: 03/18/2014 Vendor: 102795 WESCO DISTRIBUTION INC 11333 E 55TH AVE UNIT A DENVER CO 80239-2029 PURCHASE ORDER PO Number Page 9141585 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: 03/17/2014 Buyer: PAT JOHNSON Note: vendors; Wesco/KVA Stuart Irby last order: 3/21113; Stuart Irby P09131598 Line Description Quantity UOM Unit Price Extended Ordered Price 1 6764-8354 200A, terminal insulating cap 800 EA 18.8500 15,080.00 TERMINAL INSULATING CAP, 200 A, 95 KV BIL, 8.3 KV LINE TO GROUND, WITH PERMANENTLY BONDED MOLDED SEMICONDUCTIVE OUTER SHIELD INSULATING CUFF, COPPER PROBE, & 28" MIN. CU GROUNDING STRAP COOPER, LPC215; ELASTIMOLD, 160DRG2; 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. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local lazes. Our Exemption Number is II. NONWAIVER. 98-04502. Federal Excise Tax Exemption Cenificale of Registry 84-6000587 is regimcred with the Collector of Failure of the Purchaser to insist upon side[ performance of me team 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 mandrel provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofine design, shall not release the Seller of Goods Rejected. GOODS REJECTED due m failure to meet specifications, either when shipped or due to defects of any i f the wartanties or .1d,faimis of this purchase We, and shall not be deemed a waiver of any right of the damage in transit, may be resumed to you for credit and are not to be rrplaced except upon receipt of written purchaser to insist .,an strict performance h deofor any of its rights or remedies as to any such goods, regardless instructions fmm the City affect Collins. of when shipped, received or accepted, as to any prior or subsequent 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 terms Inspection. GOODS ate subject to the City of Fort Collins inspection on arrival. thereof Final Acceptance. Receipt of me merchandise, servik.or cquipmeat in tespomd to this oNer can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorimd payment an the pun of the City of CanCollins. However, it is to be understand! that FINAL Seller and the Purchaser recognise that in actual earmark, practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedure, violmiom are in fan home by the Purchaser. Theretofore for good cause and as consideration for exacting this purchase aide, the Seller hereby assign to the Pumhvaer any and ell claims n may now have or hereafter Freight Teton. Shipments most be F.O.B., City of Pan Collins, 700 Wood St, Fort Collins, CO 80522, unless acquired under federal or state mandust laws for such ovemharges relating to the particular good or services otherwise specifed 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 puchase order. bill most accompany invoice. Additional charges for packing will not he acermed. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. WMre manufaturrrs have distributing points in various pins of the country, shipment is If the Purchaser dimem the Sella to comet nonconforming or defxtive goals by a date to be agreed upon by me expected Imm the nearest distribution point m destination, and excess freight will tr debuted fmm Invoice when Purchaser and the Seller, and the Sella thereafter indicates in inability or wwillitimess on comply, the Purchaser shipments are made fmm grater distance. may cause the work to be Irerformed by the most expeditious nears available to it, and the Sella shall pay all costs associmdl with such adr& Persons Seller shall procure at sellers sole cost all eta., pe.its, ind ifcates ad licenses requited by all applicable Iaxs, regulations, eNinances and toles of the state, mnaicipality, mrmory or political subdivision where the work is performed, or regoircd by any other duly constituted public authority bavingjurisdiction ova the work of vendor. Seller further agrees m hold the City of Fon Collins harmless fmm and against all liability ad loss incurred by them by reason of an assured or esabllshed violation of any such laws, temlatiosa, endpapers. rules and requiremens. Ambearbuition. All parties to this contact agree that she dlmdmo tativn err, in fact, bow fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Puchzw Oman expressly limits acceptance to the I. and mMO.. manor herein sin fanh ad any supplementary or additional It. and canditiom annesal hereto or into sapted brain by reference. Any additional or different terms and canditiom purposed by seller are objector. am hereby rejected. 2. DELWERY. PLEASE ADVISE PURCHASING AGENTimmaliamly ifyau cannot make complete shipment to arrive oa your promised delivery date as noted. Time is of Ue essence. Delivery and performance must be eff tad within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without hariaton, acceptance of partial late deliverer, shall operate x a waiver of this prevision. In the Ivan of any delay, the Purchxa shall have, in addition to am,, legal and pitable remedies, the option of placing this order dscwhere and holding me Seller liable for damages. However, the Seller shall not be liable for damages as a moth of delays due to causes at reasonably forrse mble which ere beyond its reasonable control and without its fault of negligence, such ma of Gd, acts of civil or military nosh rritim, govemmmtal priorities, fires, strikes, llod, epidemics, wars or Has provided mat notice of she conditions causing such delay is given to the Purchmcr within five (5) days of the time when the Seller firm received knowledge thereof. In the event of any such delay, the date of delivery shall be extended far Or peril rywl on the tine, actually lost by rcame ofthe delay. 3. WARRANTY. The Seller warants mat all good, 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 pedom od with the highest degree of care and competence in accordance with accepted standard for work of a similar nature. The Seller agrees m hold the purchaser Factories, fmm any loss, damage or expense which the Purchaser may suffer m incur on account of the Sellers breach ofwaranty. The Seller shall replace, repair or make good, without cast to me purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prey bred by law or by the terms along applicable warranty provided by the Sella offer me date of acceptance of the goad famished hereunder (acceptance not to be unreasonably de tyal), resulting from Imperfect or defective work dune or materials famished by the Seller. Acceptance or use of good by the Purchaser shall not institute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order. me Sellers liability hereunder shall extend to all damages posimamly caused by the breach of any of the foregoing warranties or guuramees, but such liability shall in no event include loss of pmHO or lass 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 tears by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms other than legal tent, Including additions to or deletions from the quantities originally ordered in the specificmions or drawings, by verbal lm written doge order. If any such change alTecs the amount due or the time ofperfommmce hereunder, rat equitable djusmmnt shot] he oxide. 6. TERMINATIONS. The Purchasen may at any time by written change aide, lemeitam this agreement us or any or ell portions of foe good then not shipped, subject to any equitable adjusanda between the panics as Io any work or moodims then in progress provided that the Pardoner shall not be liable for any claims far mnicipated P,alits on the uncompleted portion of the goods andsw work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with reaped to any goods which are the Sellers standard stock. No such teminmien shall relieve the Purchaser or the Sella of any oftheir obligations as to any good delivered hereunder. V. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or mmrmanon is ordered. 8. COMPLIANCE WITH LAW. The Sella warrants that all goods sold hereunder shall have been produced, sold, delivered and Famished in strict compliance with all applicable laws and regulations to which the good are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations rquirM to he incorporated in agreements of mil character am hereby incorporated herein by this reference. The Seller agrta Io indemnify and hold me Purehmer harmless form all costs and damages suffered by the Purchaser as a result of she Sellers failure an comply with such law. 9. ASSIGNMENT. Neither party shall assign, manager, or convey this cold, or any monies due or to became due hima nder without he prior WHO. consent ofine Omer lady. 10. TITLE. The Sella warrants full, clear and unenotburd title to she purchaser for all equipment, tuataials, and items f ishal n of this alparmad. fin ad clear of any and all liens, restrictions, reservations, security interest mcumboarms ad claims oD.Orcrs. The Seller shall release the Purchaer and its contactors of any tier fmm all liability and claims of any nature suiting Gom the if.. ofsuch work. This release shall apply even in the runt of fault of negligence of the party relaxed and shall extend to she directors, officers and employees of such party. The Sellers contmem it obligations, including warranty, shall not W carnal an h raluced in any way, because such work is performed or caused to be perfarmd by the Purchxer. 14. PATENTS. NTenea the Seller is Heated b use any design, device, material or process roverd by lane, paent, trachanif or copyright, the Sella shall indemnify and save harmless the Purchaser from any and all It. tar o f ermosem by yawn of Ore use of such palented design, device, mmerial or process in emmection with the contract. and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by down of such infringement in any time during me pre smutio t or age, me completion of the work. In case said equipment, or nay For thereof or Or official use of the gods, is N such mil held to constitute infringement and the use of said equipment or pan is enjoined, me Seller shall, at is own expense and . its option, either pmmre for me Purchaser the right to continue ring said equipmmt or pans, replaa the mine with subsantially egwl but maninfringing equipment, err codify it an it becomes noainfdngiag. 15. INSOLVENCY. If the Sella shall became insolvent or bankmpt, make an assignment for she benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by me Futchild without liability. 16. GOVERNING LAW. The definitions, of scuts toed or me imapm rum ofilm agreement and the rights of all panics hereunder shall be consruN under and governed by me laws of me Suite of Colorado, USA. The following Additional Conditions apply only in cases where Or Seller is to perform work hereunder, including the services of Sellers Represcrative s), on she premises of others. 17. SELLERS RESPONSIBILITY. The Sella shall carry on said work at Sellers own risk until the same is fully completed and acceptor, and shall, in case of any accident, destruction or iajury to the work and/or matelots before Sellers final completion and acceptance, complete the work at Sellers own expense and to me satisfaction of the Pumhxer. When materials and gaipmat are Pomished by .,he. for installation or erection by the Seller, the Seller shall receive, unload, state and handle same of the site and become rape Bible therefor as though such materials and/or y.i,. were being fumishal by the Sella under me order. 18, INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease brnefrls, to its employees employd on or in connection with the work covered by this purchase aide,, and/or to their dependents in accordance with the laws of me sate in which me work is to be done. The Seller shall also wry comprehensive gene.[ liability including, but not limited to, and adual and automobile public Ianal lay insurance with Mdily injury and dead, limits of at lend SI00 OW for any one person W SS,000 for any one accident and property damage limit per aacidant of 5400,000. The Seller shall likewise require his 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 others, the Seller shall famish the Purchaser with a certificate that such ccon,co moon and insurance have been provided. Such cemfirstoo shall specify the rife when such compensation and insurance have been provided. Such cenificaus shall specify me date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the .,an work Is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes she entire responsibility and liability for my and all damage, loss or injury of any kind or nature whatsoever to palms or property caused by or resulting from me execution ofine work provided for in this purchase order or in connection herewith. The Seller will indemnify oral hold harmless me Purchaser and any r all or the Purchasers officers, agents and employees fmm and against any ad 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 anion, neglect, omission or default oa Or pat of me Seller, any of his contractors, or any of she Sellers or doormats officers, agents or employees. In case any suit or other premal.gs shall be brought against me Purchaser, or its affairs, agent or employees m any It. on accowt or by reason of any act, action, nettled, omission or default of the Seller of any of his worm bas or any of is or shah officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to demand me tome in me Sellers own expense, to pay any and all boss, charges, attorneys fees and Omer expenses, any and all judgments spat may be incurred by or obtained against me Purchases or any of is or their officers, agents or employees in such max or offer pmceedinga, and in arse judgmmt or other him be placed upon or obtained against the property of the Purchaser, of said ponies in or us a result of such suits or outer prouramgs, His Seller will at once cause the wine to the dissolved ad discharged by giving bob or otherwise. The Seller and his commums shall sake all wfety pdcaumma, famish and imall all good necdtory for me preseason of accident, comply with all laws and regulations with regud in mfety including, but without limitation, me Occupational Safety mad Health Ad of 1970 and all files and regulations issued dirsuaor thereto. Revisor 03/2010