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HomeMy WebLinkAbout102795 WESCO DISTRIBUTION INC - PURCHASE ORDER - 9144034130 PURCHASE ORDER 914403er Page �'.It�/ of PURCHASE 9144034 1 of z F6r} Collins This number must appear ,�—J`-' ` on all invoices, packing sli s and labels. Date: 07/17/2014 Vendor: 102795 Ship To: UTILITY SERVICE CENTER - WA WESCO DISTRIBUTION INC CITY OF FORT COLLINS 11333 E 55TH AVE UNIT A 700 WOOD ST DENVER CO 80239-2029 FORT COLLINS CO 80521 Delivery Date: 07/17/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 7034-0856 40 EA 395.0000 15,800.00 Break -away coupling set i�ry ()14 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 Total Pay terms net 30 days 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. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from slate and local axes. Our Exemption Number is 98-0,1502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is regismred with the Collector of Internal Revenue, Denver, Cal umdo (Ref. Colorado Revised Scrams 1973, Chapter 39-26, 114 (id, Goods Rejected. GOODS REJECTED due w failure to meet specifications, either when shipped are due to defects of damage in transit, may be resumed to you for credit and are not to be replaced except upon receipt of written interactions from the City of Fort Collins. Inspection. GOODS are subjects m the City of Fart Collins inspection on arrical. Final Accepance. Receipt of the merchandise, safficas or equipment in response to this oNer can result in toolimimd payment on the pan of she City of ran Collins. Houma, it is to be understood that FINAL ACCEPTANCE E dependent upon completion ofall applicable required inspection procedures. Freight Terms. Shipments must be F.O.B., City of pan Collins, 700 Wood St., Fall Collins, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight bill must aceomoanv invoice. Additional chimes for ackinh will nos be accented. Shipment Distance. Wbete manufacturers have distributing points in varrom parts of the country, shipment or expected from the canniest dlstrlbution point to destinarien, and excess freight will be ikducted from Invoice when shipments are made from greater Jismnce. Primes. Seller shall procure at sellers sole cost all necessary permits, ttnifire es and licenses required by all applicable laws, regulation, mdinanc¢ and miss of he tease, municipality, territory or political subdivision where fc work is performed, or required by any other duly comfirteJ public authority having jurisdiction over the work of vendor. Seller probe, agrees no hold fie City of Pon Collins harmless from and against all liability and loss incurred by them by reason of an ro mcd or established violation of any such laws, regulations, ordiaenes, rates and requirements. Authorization. All parries in this contract agree thal the representatives are, in fact, bore fide and possess full and eamplem autheory to bind said panics. LIMITATION OF TERMS. This Franchise Order expressly limits acceptance to the Terms and conditions stated harem tit fort and any supplementary or additional brows and conditions, annexed hrmo or incorporated herein by reference. Any additional or different corms and condnioa proposed by seller art objected to and hereby ejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you canmt make complete shipment to whom on your promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchuvers including, without limitation, acreplance oFpanial late dtlkcnes, shall operate as a waiver cities provision. In the event of any ddoy, the Purchaser shall have, in addition to other legal and equitable mmedies, the option of placing this order elsewhere and bolding the Seller liable for damage. However, the Seller shall not be liable for damages m a msuit of delays due to causes tit nationality foreseeable which are beyond its meawmebl, overall and without its fault of negligence, such acts ofGoE ems i feivil or military cottontails, govec mmarl prior ries, fires, tundras Bond, epidemics war or nods provided that notice of fe conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be exenderl for the pmod equal m the dime actually loss by rason of the delay. 3. WARRANTY. The Seller warrants Out all goods, articles, materials and work covered by this order will conform with applicable drawings, sperifcaions, samples and/or other descriptions given, will be fir for the puryosw intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar amre. The Seller ageu to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wmmty. The Seller shall apiece, repair or make good, wifom cost to the purchaser, any defects or faults arising within one (U year or within such longer period of time as may be prescribed by law or by the terms of any applicable warrant provided by the Seller after the data of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect of defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not ansrimte a waiver of any claim under this womanly. Except in otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages p usinalely caused by the breach of any of the faregaing warranties or guarantees, but such liability shall in no event include Ins, of profits of loss ref use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL. TERMS. The Purchascr may make changes to legal terms by wman change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other third legal tcwss, including sniff 1. to or deletions hour the quantities originally ordered in the specifications or drawings, by verbal or written change order. 11any such change affects the ,meant due or the time .(performance hereunder, an equitable adjustment shell be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, mrminate this agreement as to any or all frowns of lire goods then not shipped.. ul act to any equitable adjustment between the parties as to any work or maerids then in progress provided that the Purchaser shall not be liable fit any claims fir noticlpmled profits an the uncompleted portion ofthe goods and/or work, for incidental or consequential damages, and that no such mil mtlnmt ber mule in favor of the Seller with respect to any goods which are the Sellers standard stock. No such termialiun shall relieve the Purchaser or the Seller ofany of their obligations as to any goods del ivend hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assured within thirty (30) days from the date the change or lamination is ordered. I. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shot] have been produced, sold, delivered and furnished in inner compliance with all applicable laws and regulations to which the goods are subject. The Seller shell execute out deliver such documents as may be required to effect or evidence compliance. All laws and regulation "motif to be Inmrpomred m agreements critics character are hereby incorporated and. by his reference. The Seller agrees m indemnify and hold the Purchaser harmless from all costs and damages suffered] by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign tranfer, or convey this order, or any monies due or to become due heeunder without she poor written consent of the other parry. 10. TITLE. The Seller wamems full, clear and unrestricted tide to the Purchaser for all equipment, materials, howl items furnished in parfacruccom of this apartment. fee and clear of any and all lien, oavictioa, oeseonlims, security imerent encumbrances aad claims of ofers. II. NONWAIVER. Failure of the Purchaser to insist upon inner performance of the terms and conditions hereof. failure or delay to exercise any rights or remedies provided herein or by law, failure to poorly ly notify the Seller in the event of a breach the acceptance of or payment for goods hereunder or approval ofthe design, shall no, release 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 m insist upon svict performance hereofor any of its rights or remedies as on any such gooks, regandless of when shipped, received or accepted, u to any prior or subsequent default hereunder, nor shall any Imported oral mmlificmlon or rescission of this Paribas, order by the Purchaser crania as a waiver of my of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller oral the Purchaser recognize that in actual economic practice Overcharges resulting from antitrust violations me in fact bore by the Purchauc Theretofore, forgoodcause and as coaidmation for executing this pu.dtaee order, the Seller hereby assign to the PUlchazer any and all claims it may now have or hereafter acquired under (¢decal or slate mtitrmst laws for such oveurharges relating to the particular goods or services purchased or acquired by the Pumhwer pars.,. this priffiffes,order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchuer directs the Seller to correct nonconforming or def five goads by a date to be agreed upon by the Purehaser and the Seller, and the Seller thereafter indicates its inability, or unwillingoess to comply, the Purchaser may Or. the work to be performed by the mast expedlfioa means mailable to it, and the Seller shill pay all costs a55ociated with such work. The Seller shall release the Purchaser wad its contractors of any tier form all liability and claims of my name resulting from the performance ofsuch is This release shall apply even in the near of fault of negligence of the Ferry m evud and shall extend ra the direnars, fcars end employees ofsuch party. The Sellers co amctual obligations, including warranty, shall not be deemed to be reduced, in any way, became such work is performed are cattudb be performed by the Porehzur. 14. PATENTS. Whenever the Seller is mendevil to me any design dmice, comma] mpracess coa'eeed by lens, parent trademark cop,,ht, the Seller shall indemnify and save hamdess the Purchaser from any and all claims far infringement by moron of the are of such patented design, device, mammal or process in connection with due contract. and shall iademnify the Purchaser for any cost, expense or damage which it may be obliged to pay by rctson ofsuch infringement of my time during the prouafion or after fie completion of the work_ In case said equipment, or any pared thereof err fie intended use of the goods, is in such suit held to c.mtimte infringement and fie use of said equipment or pat is enjoined, the Seller shall, at its own experts. and or its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If he Seller shall become insolvent or bare ml. rake m assignmevt for fie benefit of creditors, appoint a receiver or IlLLaee Or any of the Sellers porperty or business, this Order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The defninioa of terms used or the interpreted.. off, ngreement and the rights of all ponies heeunder shall be command under and governed by the laws ofthe State of Colomdo, USA. The following Additional Conditions apply only in cases where the Seller is r perform work hereunder, including the services of Sellers Reprrsenmtive(s), on the premises ofmhers. IT. SELLERS RESPONSIBILITY. The Seller shall cant' on said work at Sellers own risk until the same is fully completed and accepted, road shall, in se of any accident, destruction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of fie Purchaser. When taleriala and equipment are famished by ofers for installation or erection by the Seller, the Seller shall 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. IN. INSURANCE. The Seller shall, at his own expense, provide for the paymem of workers compensation, including occupational disease beafm, to it, employees employed on or in connection with fie work covered by this purchase order, amVor to their dependents in accordance with the laws of fie state in which the work is to be done. The Sellef shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liabil iry insurance with bodily injury and deaf limits of at least S300000 for any one Nona., S5.11000 fur any one ... idea, and property damage limit per accident of S400,000. The Sella shall likewise require his contractors. if any, to provide for such compensation and rem -a- Before any of the Sellers or his comments employees shall do any work upon the premises of ofhers, the Seller shall fmish the Purchaser with a cenificale that such compensation and insmnnce have been provided. Such ceniticam, shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the dale when such compensation and insurance expires. The Seller agree that such compensation and insurance shall be maintained until after fie rmire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby.usumes the entire responsibility aad liability for any and all damage loss or injury of any kind or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase oNer or in connection herewith. The Seller will indemnify and held homeless he Purchaser and any or all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, cMrges or expsases. whether direct or indicter, and whether n persons or property, m which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the part of the Seller, any of his contractors, or .any of the Sellers or contractors oRcars, agents or employees. In case my suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of my art. action, neglect, omission or default of the Seller of any of his contndors or any offs or their officers, egenb or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and m defend the same at fie Sellers own expense, to pay my and all casts, charges, ahoreys fees and other expenses, any and all jodgrents that may be incurred by or obtained against the Purchaser or any of in or their officers, agents or employees in such suits or other proceedings, aad in case judgment or other lien be placed upon or obtained against the pmpery ofthe Pufchaaer, or said parties in or as a result of such suits or other proceedings, he Seller will at once cause the rime to be dissolved and discharged by giving bond or ofe ivese. The Seller and his resonances shall sake all safety precaution, famish and fort all guards nmestry for fie protection of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupatioal Safety and Health Am of 1970 aad all roles and regulations issued pursuant thereto. Revised 07n014