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HomeMy WebLinkAbout102795 WESCO DISTRIBUTION INC - PURCHASE ORDER - 9141867Fort Collins Date: 04/03/2014 Vendor: 102795 WESCO DISTRIBUTION INC 11333 E 55TH AVE UNIT A DENVER CO 80239-2029 PURCHASE ORDER PO Number Page 9141867 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 CO 80521 Delivery Date: 04/02/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 6764-8363 1500 200A, loadbreak elbow 67648363 08A3 TERMINAL, ELBOW, LOADBREAK, 200A CONTINUOUS, 200A SINGLE PHASE AND 3-PHASE LOADMAKE / LOADBREAK, 15KV REV. 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 EA 37.0000 55,500.00 Total $55.500.00 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 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fart Collins is exempt from state and local axe. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Carlficah of Registry 84 6000587 is registered with the Collector of Internal Revenue. Derive, Colorado (Ref. Colorado Raised Statute 1973, Chapter 39-26, 114 (a). Good Rejected . GOODS REJECTED due m failure to men specifications, either when shipped or due to defects of damage in transit, may be rammed to you for credo and are nor to be replaced except upon receipt of written imtmcrions drum the City of fan Collins. Inspection. GOODS art subject m the City of Fan Collins impediment arrival. Paul Acceptance, Receipt of the merchandise, vervidis or expropriator in response to this oWd w tacit in outhonced payment on the pan of the City of Port Collins. However, it is to be understood that thFINAL. ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Tenns. Shipments must be F.O.U., City of For Collins, ]Olt Wood St, Fan Collins, CO 80522, unless otherwise specified on this ordd. If pannis&ion is given to prepay freight and chase separately, the anginal freight bill must aecompany invoice. Additional chases far Packing will nor be accepted. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected from the nearest distribution paint to destination, and excess freight will be deducted from Invoice when shipments arc made from greater distance. Permits. Seller shall procum ad sellers sole cost all necessary perms. certificates and license raluired by all applicable laws, regulations, ordinances coal roles of thr state, municipality, temmry or political subdivision where Me work is performed, or required by any other duly mrssumted public authority having jurisdiction over the work of vendor. Seller father agrees to hold the City of Fort Collins harmless main and against all liability and loss incurred by them by resson of an asserted or established violation of any such laws, regulations, ordinances, rules and requlr menu. Authorimtion. All parties to this contract agree that the representatives are, in fact bona fide and possess full and complete authority m bind said ponies. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and readdims sated herein set forth and any supplementary or additional grins and conditions aanexd heaeto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to active on your promised delivery dal, as acted. Time is of the asume. Delivery and permaamzuce most her e farad within the time stall on the purchase order and the d«uments coached herein. No acts of the Purchasers including, without limitation, acceptance affairs] late delivenes, shall operate as a waiver of this Provision. In the event crony delay, the Purchaser shall have, in addition to other legal and equitable remdle, the option of placing this order elsewhere and holding the Seller liable for damages. Howaa'd, the Seller shall not be liable for damages w a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such as of God, as ofdmll a military authorities, governmental priuities,forms, strikes, flood, epidemics, warsa iota provided that notice of the conditions causing such delay is given to the Purchucr within five (5) days of the time when the Sella f M received knowledge Murder. In Me event of any such delay, the daze of delivery shall be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all gaxn, articles, materials and work covered by this order will conform with applicable dmwing, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and prommened with the highest degree of care and competence in mcardanre with accepted standard for work of a similar nature. The Seller agrees m hold the purchaser hvmleas fmm any loss, damage or expense which the Purchaser may suf i or incur on account of the Sellers breach ofwammy. The Seller shall replace, repair or make goad, without cast to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by Inca why the terms of any applicable warranty provided by the Seller after the date of acceptance of the goods burnished hereunder (uccepmnee not to be unreasonably delayed), resulting from imperfect or defe ive work done or materials famished by the Seller. Acceptance m use of goods by the Pardoner shall not constimre a waiver of any claim ender this wamanty. Except m otherwise provided in this pushsse order, the Scilers liability hereunder shall extend to all damages proximately caused by the breach army of the foregoing warranties or gmoma ds, but such liability shall in no event include loss of profits or loss of toe. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANG ES IN LEGAL TERMS. The run:hmcr may make changes to legal teas by camera change order. 5. CHANGES IN COMMERCIAL TERMS. The Pr mMmr may make any changes m the mans, he, roan legal moms, including additions m or deletions from Me quantities originally ordered in the specifications or thawing, by vemel or widen change order If any such change affects the amount due or the time ofperformance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The purchaser may at any time by widen change oWa, terminate this agreement as many or all portions of the good then not shipped, subject to any equitable adjustment between the Parries as W any work or materials then th progress provided that the Purchaser shall not he liable for any claims for anticipated profts on the uncompleted portion of the good and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect many good which are the Sellers standard stock. No such tanninsumn shall relieve the Producer or the Seller of any of their obligations as to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for edjuamenl most be asserted within thirty (30) days fmm the date the change or termination is ordered. R COMPLIANCE WITH LA W. The Seller 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 in may be taloned to effect or evidence compliance. All laws mat regulations required to be mcommuled in agreements of this clvmader are hereby incorpomted herein by this remark.. The Sella agrees to indemnify and hold the Puchasa harmless fmm all costs and damages sufaed by the purchaser res a result of Me Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this odd, or any monies due or to become due hereunder without the Met written commit ofthe other paty. 10. TITLE. The Sella wmranrs fff, clear and unrestricted title to the purchaser for all equipment, minimal,, and it. finished in purtmorance of this agreement, free and clear of any and all liens, restrictions, radvations, security interest eacumbmnres and claims of mLcrs. II.NONWAIVER. FeRure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to exercise any rights or remedies provided herein or by law, failure to pmmistly carry Ibc Seller in the event of a breech, the acceptance ofor pryment for goad had nder a approval ofthe design, shall at ml. the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upan strict Performance hereof or any of its rights or remedies w to any such goods, regardless of when shipped, received or accepted, as to any Prior a subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchro r operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Pardoner recogn¢e that in actual economic practice, mercherge& resulting from wourcest violations are in but home by the Purcha&er. Theretofore, for good cause and as consideration for wearing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may saw have or herrafd acquired under federal or stem antitrust laws for such overcharges relating to the particular goods or smices purchased or acquired by the Purchaser Forward to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser direcu the Seller to correct nonconforming or defective goods by a Mae to be 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 expeditious means available to it, and the Sella shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of any net fmm all liability and claims of any rture resulting from the peAb adman, ofsuch work. This releme shall apply even in the event of fault of negligence of the parry released and shall e.uend to the directors, offices and employees of such parry. The Seller's contractual obligations, including reactivity, shall not be dermed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whatever the Sella is required to use any design, device, material or process covered by lend, parent, trademark r copydgh( the Seller shall indemnify and save ham less the Puchaser from any and all claims for infringement by reason of the use of such pnlented design, device, material or prawss in connection with the contract, and shall indemnify the Purchaser 1br any card, expense or damage which it may be obliged to pay by reason of such infringement in any time during the prosecution or after the completion of the work. In tare said equipment or any pan thereof or the intended use of the good. is in such soil held m constimre infringement and the we of said equipment or pan is enjoined, the Seller shall, ad its own expense and at is option, either random for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but naninfringing equipment, or modify it x it becomes noninfi nging. 15ANSOLVENCY. If Me Sella shall become insolvent of handmpt make an assignment for the benefit of creditors, appoint a err trustee for any of the Sellers property or business, this order may foMwhh be canceled by the Purchaser without liability. 16. GOVERNING LAW. The defnifians ofterms used or the imaradmion of the agreement and the rights of all parties hereunder shall be construed ands and governed by the laws of the State of Colomdr. USA. The following Additional Conditions apply only in auses where the Seller is to pert work hereunder, including the services of Sellers Repreuntative(s). an the premises of others. ❑. SELLERS RESPONSIBILITY. The Seller shall carry on said work of Sellers own risk until the same is fully completed and accepted, and shall, in g, of any accident, destruction or injury to the wort: andror maledals before Sellers final completion and acceptance, complee the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment on, famished by others fan installation or erection by the Sella, the Sella &ball receive, wlad sore all Fondle same m the site and become sespocuit le therefor as though such nulesials anmllor equipment were being famished by the Sella under the other. 18. INSURANCE. The Seller shall, at his own expense, provide For the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this perching, order, andror to their dependents in accordance with fhe laws of the sate in which the work is a be dove. The Seller shall also carry comprehensive general liability including, Mar not limited an, commercial and automobile public liability insurance with bodily inury and death limits of at least 5300,000 for any one person. 5500,000 for very one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his comracmrs employees shall do any work uPon the premises of others, the Seller shall famish the Purchaser with a caffeine that such compensation and insurance have ban provided. Such certificates shall specify the date when such compenatim and indowe Fame been provided. Such raffiwtes shall specify the date when such comparo mina and assurance expires. The Seller agree that such compensation and insurance shall be maintained until aRa the entire work is completed and accepted. 19. PROTECTION AGAINSTACCIDENTS AND DAMAGES. The Seller hereby m&ume the entire responsibility end Habit it, for any and all damage, loss or injury afany kind or nature whatwever to pmons or pmpeny carved by or resinm, from the execution of the work provided for in Us purchax order or in connection herewith. The Sella will indemnify and held harmless the Purchaser and any or all of the lbarehazm aBicers, agents and employees from mW against any and all claims, lased, damages, charges or expenses, whether direct or indirect and whether to permits or pmpeny to which the Purchaser may be put or subject by reason of any act notion, neglect omission or default on the pan of the Seller, any of Tax ommemrs, o any of the Sellers or arroatuni effect, agents .1 employees. In c any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or e.Players at any time on account or by reason of any am, action, neglect, omission or default of the Sella of any of his contractors or any of its or their officers, agents or employees as iffin id, the Seller hereby agree to assume the defense thctcof and as defend the same at the Sellers awn taperer, to pay any and all cows, charges, mtomeys fees and other expenses, any and all judgments Mal may te incurred by or obaind against the Purchmd or any of ids a 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 Purchase, or said parties in or w a result of such suits or other proceedings, the Seller will at once wax the same m be dissolved end discharged by giving bond or otherwise. The Seller and his contractors shall take all safety posartions, furnish and install all guard necessary for the prevention of accidents, comply with all laws and regulations with regard to safety mornin g, but withem limitation, the Occupational Safety and Health Ad of 1970 aW all rules and regulations issued pursuant form. Revised 03QOIO