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HomeMy WebLinkAbout102795 WESCO DISTRIBUTION INC - PURCHASE ORDER - 9141915Fort Collins Date: 04/04/2014 Vendor: 102795 WESCO DISTRIBUTION INC 11333 E 55TH AVE UNIT A DENVER CO 80239-2029 PURCHASE ORDER PO Number Page 9141915 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: 04/04/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 200A, reseal cable/elbow kit 1500 EA 8.9000 13,350.00 67717642 67717642 08133 RESEALING KIT, FOR JACKETED CABLE, FOR USE WITH LOADBREAK ELBOWS & 200A TERMINATIONS, MIN. I.D. BEFORE SHRINK 1.94" 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@fogov.com Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terrfls and Conditions Page 2 of 2 1. COMMERCIALDETAMS. Tax exemptions. By statute the City of Port Collins is exempt from sate and local taxes. Our Exemption Number is 11. NONWAIVER. 98 04502, Federal Excise Tax Exemption Cettifired, of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser in insist upon street participant, offer hire and conditions hereof, failure or delay to Insurer Revenue, Denver, Colorado BUT Colorado Revised Sa utec 1973. Chapter 39-26, 114 fid exercise any rights or remedies provided herein 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 Ofoe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure m meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and stall not be deemed a waiver of any right of the damage in transit, may be returned to you for credit and are not to be replaced except upon mrc,1 of women purchaser to insist upon stet performance hereof err any of its rights or report as to any such goods, regardless instructions from the City effort Collins. of when shipped, received in accepted, as to any prior of subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of my of the terra Inspection. GOODS are subject to the City of Fart Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this Omer can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS, th auorized payment on the pan of the CiCityowe of Fort Collins. Hver, m , d is to be andersod thatFINAI. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable raluired inspection procedures violations are in fact home by the Purchaser. Theremfecu, far good came and as roas chaidioo far ascend, this purchase order, the Seller 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 Ton Collins, 700 Wood St, Fort Collins, CO 80522, unless Otherwise specified on this undo. If permission is given to prepay freight and charge separately, the Original freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing puima in va us pans of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice whin shipments aremads from gfeal, distance. Perna. Seller shall income at sellers sale at all necessary permis, certificates and licenses required by all applicable laws, regulations, communities and tales of the state, municipality, terhory or political subdivision where the work is perforated, Or required by any other duly constituted public authority having jurisdiction ova the work of vendor. Seller further, agrees to hold the Ciry of Fort Collis harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rates and requirements. Authorization. All parties to this modest agree that the representatives are, in fact, bona fide and possess full and complete authority Or bind said parries. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set With and any supplementary or additional terra and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by sell, are objected m and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to active on your Promised delivery date as ..led. Time is of the essence. Delivery and performance mast be effected within the time stated oa the purchase order and the documents atached hereto. NO are, of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waives of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts of civil or military authorities, govemmenml priorities, fires, strikes, flood, epidemics, wars or riots provided that notice Of the conditions causing such delay is given to the Purchaser within flee (5) days of the time when the Seller first received knowledge thereof, In the event of any such delay, the dale of delivery shall be extended far the period equal to the time actually last by reason ofher delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fir for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser hmmlass from any loss, damage or expense which the Purchaser may suffer Or favor on account of the Sellers breach of warranty. The Seller shall replace, repair or make good without cost to the purchase, any defects Or faults arising within one (1) year or within such longer peril of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller net the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials fgnishd by the Seller. Acceptance or use of goods by the Purchaser shall out constitute a waiver of my claim under this—ty. Except as 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 warranties or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Pmrchaser may mRe changes to legal teats by women change order. 5. CHANGES IN COMMERCIAL TERMS. The Emmet may make any changes to the terms, other than legal terms, including additions to or deletiora from the quantities originally ma eyed in the specifications or drawing, by verbal or written change order. If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at coy time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the parties as to any work Or materials then in progress provided that the Purchaser shall net be liable for any claims for anticipated profits oa the uncompleted portion Of the goods and/or 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 stack. No such termination shall relieve the Purchaser or the Seller ofany oftheir obligations as to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is Ordered. S. COMPLIANCE WITH LAW. The Seller want that all goods sold hereunder shall have been produced, sold, delivered and fomished in strict compliance with all applicable laws and regulations to which the goods are subject, The Seller shall execum and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be Incorporated in agreements of this character are hereby ineorpomted herein by this reference. The Sella agrees to indemnify and held the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of We Sellers 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 hereunder without the prior written cmaent of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all emigration, materials, and items mouthed in performance of this agreement, free and clear of any and all liars, restrictions, reservations, security interest encumbrances and claims i fothers. acquired under federal or state antitrust laws for such overcharges relving to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or detective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller theteafrer indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditions means available to it, and the Seller shall pay all ran associated with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, officers and employees Of such party. The Sellers confirmed obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required 1. use any design, device, material or process covered by letter, parent, trademark or copyright, the Seller shall indemnify and save h:vmless the Purchaser from any and all claims for inGngement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchases for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In now said agnipment, or any pan thereof or the intended use of the goods, is in such suit held m constitute infringement and the use of said equipment or part is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the some with substantially equal but nonindinging equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankimpt, make an assignment for the benefit of creditors, appoint a or hustee for any of the Sellers property or business, this Order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions Ofterms and or the interpretation of the agreement and We rights of all parties hereunder shall be construed under and governed by the laws ofthe Sane of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services Of Sellers Rearesentative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is Rally completed and accepted, and shall, in e of my accident, destruction Or injury to the work and/or materials before Sellers final completion and cceponcq complete the work at Sellers own expense and No the satisfaction Of the Purchaser. When materials and equipment are famished by others for installation or creation by the Seller, the Seller shot] receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being famished by the Seller under the Order. 18. INSURANCE, The Seller shall, at his own expense, provide for We payment of workers compensation, including occupational disease benefit, m its employees employed on or in connection with the work covered by this purchase order, amVor to their depeadmts in accordance with the laws of the state in which the work is to be done, The Seller shall aim coney comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least $300,000 for any one person, S500,000 for any one accident and property damage limit per accident Of $400,00). The Seller shall likewise require his mnuucmrs, if any, to provide for such compensation and insurance. Before any of We Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall Ramish the Purchaser with a certificate that such compensation and Insurance have been provided. Such certificates shall specify me date when such compensation and insurance have been provided. Such certificates shall specify the dale when such compensation and insurance expires. The Seller agrees that such compensation and irtmrance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire respomibility and liability for any and all damage, lass or injury ofany kind or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any cr all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, harges or expenses, whether direct or indirect, and whether to persom Or property to which We Purchaser may be put or subject by reason of any act, action, neglect, omission Or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or most proceedings shall be brought against the Purchaser, or its officers, ,,at 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 contactors Or any of its Or their officers, agents or employees as aforesaid the Seller hereby agrees to assume We defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained agairest the Purchaser or any of its Or their officers, agents Or employees in such suits or other preceding, and In case judgment or offer lien be placed upon or obtained against the property Of the Purchaser, Or said parties in or as a result of such soils or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond Or otherwise. The Sella and his conductors shall take all safety precautions, furnish and install all guards necessary for the prevention of amideats, comply with all laws and regulatlma with regard to safety including, but without limifatimn, We Occupational Safety and Health Act of 1990 and all tales and regulations earned pursuant Werem. Revised 03I2010