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HomeMy WebLinkAbout102795 WESCO DISTRIBUTION INC - PURCHASE ORDER - 9144151Fort Collins Date: 07/22/2014 Vendor: 102795 WESCO DISTRIBUTION INC 11333 E 55TH AVE UNIT A DENVER CO 80239-2029 PURCHASE ORDER PO Number Page 9144151 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: 07/22/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price T1200130; XMFMR 40 EA 1,968.4300 78,737.20 25kVA;240/120 T1200130 YARD TRANSFORMER, 25 KVA PAD -MOUNTED, ANSI TYPE 1, COMPARTMENTAL -TYPE, SINGLE PHASE DISTRIBUTION WITH SEPARABLE INSULATED LOAD BREAK HIGH -VOLTAGE CONNECTORS. HIGH VOLTAGE RATING: 13200 GRDYf7620. LOW VOLTAGE RATING: 240/120. SERIAL NUMBER 130 TO BE IN ACCORDANCE WITH SPECIFICATION #368-120-130, REVISION n P14 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 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terns and Conditions Page 2 of 2 1. COMMERCIAL DLTAIIS. Tax exemptions. By s.rule the City of Tom Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise I'as Exemption Cor iliwk of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser o ones, upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Corrado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a), exercise any rights or remedies provided loam or by law, failure to promptly notify the Seller in the event of a breach, the accordance for payment fur good hereunder Or removal oI the design, shall not releas the Se11a of Goods Rejected. GOODS REJECTED due to failure to men specifications, either when shipped or due to detects Of any of Me warranties or obligations of this purchase order and shall not be domed a waiver of any right of the damage is transit, nary be detumd of you for credit an0 are not to be replaced except upon receipt of words purhhaser, to insist upon mulct performance lacerate any of its rights or comedies as to any such ROOM, regardless instructions fond Me City of ran Collins- of when shipped, received or accepted, as to any prior or subsequent default hereunder, roe shall any purported oral modification or rescission of this purchase order by the Puradhader operate as a waiver of my of fire team Inspection GOODS arc subjm no drc Ciry of Fon Collins impotiw on emvzl. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12, ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pm of the City of ['ad Collins, However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antionst nfofr ACCEPTANCE is dependent upon completion ofell applicable required inspection pnn'edures. violations are in fact home by the Purchaser. I'heretofore, good cause and as consideration for executing this pumk se order, the Seller hereby assigns to the Purchaser any and all claims it may now favor or hereafter Freight Terms. Shipments most be F.O.B., City of Fort Collins, 700 Wood St., Fun Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular good or services otherwise specified on this order. if permission is given to prepay freight and charge separately, the original fxiMa purchased or acquired by the Purchaser pursuant to this purchase order. bill must=company invoice. Additional charges for Woking will not be accepted. Shipment Distance. Whore manufacturers have Maintaining points in venous pans of Me country, shipment is expected from the mortal distribution point to destiranion, and excess freight will tar, deducted from Invoice when shipments are made from greater chance. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the sure, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold he City of Fan Collins harmless form and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regalatimss, mmioances, rvlet and requirements. Authorization. An parties to this comma Orion that the rcpresnatives we, in fact, bona fide and possess run and orkt, authority to bind said pmies. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein at rich and any supplementary or additional lemts and conditions rnnexed hereto Or incorporated herein by reference. Any additional or different terns and cundidiomi proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately Tynan count make complete shipment to arrive on your promised delivery dam as notd. Time k of the essence. Delivery anal performance must be effected within the time staled on the moral order and the documents attached bcrem. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this Provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equiuble remedies, tire option of placing this Order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a rotor of delays due to causes not roumably foreseeable which are beyond its reasonable turned and without its fault of negligence, such acts of God, acts of civil or military authorities, recommittal ittal families, tires, strikes, Bond, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Pu bles er within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the rime of delivery shall be extended for the period equal to the time azmally low by manor of Me delay. 3. WARRANTY. The Seller warrants that all goods, miles, mamrials and woh covered by this order will conform with applicable Drawings, specificatiom, samples and/or other descriptions given, will be fit for Me purposes imandd, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Serer agrees to hold the purchaser harmless from any loss, damage or expense whicll he Purchaser may Offer or incur an account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cast to the purchaver,my defects or faults arising within one (1) year or within such longer Acrid of time as may be prescribed by law or by the terns army applicable warranty provided by the Seller after the dam of aceeptmm of the goods brother hereunder (computer not to be unreasonably delayed), resulting from imperfect or defective work done or nutenak fumishd by the Seller. Acceptance or sex of goods by me Purchaser shall not comfort, a waiver ofany claim under this wumanry. Except as otherwise provided in this pudehau order, Me Sellers liability hereunder shall extend to all damages proximately caused by the breach of my of Me foregoing woranties or gmmnmes, but such liability shall in no event include lass of profits or loss of use. NO IMPLIED N'ARRAFfTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CI IANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES n4 COMMERCIAL TERMS. The Purchaser may make any changes to the tames, Other man legal terms, including additions a or &idiom from Me quanNio originally ordered in the specifications or drawmgq by veNal or women change order. If very such change aRcds the ...at due or the time ofp of rare heremdeq an equitable adjustment shall be fmde. 6. TERMINATIONS, The Purchaser may at any time by written change artier, terminate this agrranent as to any or all pardwe of the ,rods than not shipped, subject to any equitable ndj waned between the parties as to any work or materials then in pm,eess provided dot the Purchaser shall oat be liable for any claims fur anticipated profits on the uncompleted pinion of the good anNor work, for incidental or consequential damages, and that no such adjustment , made in favor orthe Seller with respect to any good which arc the Sellers install stock. No such termination shall relim'e the Purchaser or the Sella ofany of their obligations u to any goods delivered hemuden 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asscrrd within thirty (30) days fora the Mato the change or termination is ordered. 8. COMPLIANCE WII'H LAW. Ile Seller warrants that all good sold forwarder shall have been reduced, sold, delivered and famished in strict compliance with all applicable laws and egulafiom to which the goad am subject. The Seller shall execute and deliver such documents or my bar rreryired to effect or evidence compliance. All laws coal regulations required fat be incorporated in agreements of this character art hereby incorporated he am by this deference. The Sella agrees to indemnify and hold the Purchases hardess form all costs and damages suffered by to pmchsser as, a result of the Sellers failure w comply with such law. 9. ASSIGNMENT. Neither parry shall assign, number, or convey this mdev or any monies due or m become due hereunder wilhom the prior written consent of the other party. Ind. TITLE. The Sellerwanants full, clear and warcommed title to the Purchaser for all equipment, mamriak, and items famished in pert ram of this agreement, free and clear of my and all liana, destruction, mmar etiotss, security abroad encumbrances ad claims of orders. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Him Purchases directs the Seller to correct nonconforming or defective goods by a dare to be agreed upon by the Purchaser and the S<Iltt, and the Seller flameaRa indicates its mobility Or unwillingness to comply, he Purchaser nay cause the work to be unfincrea by the most expeditious moms available Ip it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser all its contractors of any tier from all liability and claims of any nature resulting fora the performance afsuch work. This release shall apply even in the m'car of fault of negligence of the prmy relcusd ad shall extend to the directors, ofttrs and employees afsuch parry. The Sellers mwdwmal obligations, including warranty, shall con be domed to be reduced, in my way, berme such.,it is performed or caused to be parfomded by the Purchaser. 14. PATENTS. Whenever the Seller is required to use tiny design, device, material or process covered by letter, patent, trademark r copyright, the Seller shall indemnify and save hamless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with he comoct, and shall indemnify Me Purchaser for any cos, expense or damage which it maybe obliged to pay by rwmn of such infringement at any time during the prosecution or after me completion of the work. In case said equipmrn, or any pan Nercof or the iIteM use of Me goods, is in such suit held to comtima info ngemem and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure far Me Purchaser the right to continue using said equipment or pans, replace the more will substantially equal bur nownfdnging equipment, or modify it so it becomes nonlnfringing 15. INSOLVENCY. If the Seller shall become insolvent or bankmp, make an assignment for the benefit of creditor, apparel a receiver or trustee for any of the Sellers property or bminess, this Order may forthwith be canceled by the Purchases without liability. 16. GOVERNING LAW. The definitions of terms mad or the interpretation ofthe agreement and the rights ofill pones hereuder shall be cooslmed under and govemd by me laws of the State wColomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hemandeu including the services of Sellers Reproscnlative(s), on the promises ofmhers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk writ the same a fully completed ad accepted, and shall, in case of any accident, deseucnon or injury to me work anNor matcnak before Sellars final completion and acceprinel complex the wash or Sellers awn expense ad to the smisfadum of the Puchaser. When materials anal equipment are famished by others for inandlation or erection by the Seller, the Sella shall receive, unload mare and handle some at the site and became responsible therefor as though such materials and w equipment were being Toroidal by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide bar the payment of workers compensation, including Occupational disease bemires, to its employees employed on or in connection with the work covered by this purchase odor, mNor to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also may comprehensive general liability including, but not limited to, combactuxl and automobile public loduliry iruumnee with bodily injury and &am limits of to trust 5300,000 for any one person. 5500.000 for any one accident and property damage limit per accident of S4100,000. The Seller shall likewise require his contractors, if any, to provide for such re —Remotion and imamate. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish Me Purchaser will a cenificam that such compensation and insurance have been provided. Such connotes shall specify the d e when such compensation and insurance have been provided. Such certificaas shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes me entire nespomibilily ad holiday far any ad all damage, loss err injury ofany kind or mom whatsoever a parsons or property caused by or resulting from the execution of the work provided for in this purchase order of in connection bemwim. The Seller will indemnify and hold want the Purchaser and my or all of the Purchasers officers, agents and employees fmm and against any and all claims, loser, damages, charges or expenses, whether direct or inducer, and whether to persona or property to which the Purchaser may be or or subject by reason of my at, action, neglec, con ssian or defour on the part of the Seller, any of his contractors, or any of the Sellers or conourters, Officers, agents or employees. In case any suit or other poceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of any act, action, matter, omission or default of the Seller of any of his commctod or my of its or their officers, ogmes or employees as aforesaid, Me Seller hereby agrees to assume HE, defense meteor and a defend the same at the Sellers own expense, to pay any ad all ands, charges, atameys f oral other expenses, my ad all judgments that may he incurred by or obtained against the Partial or my of its or their officers, agents or employees in such suits or other proceedings, and in cam judgment or other lien be, placed upon or obtained against the property of the Purchaser, or said parties in or as a result of such suits or order proceedings, Me Seller will in once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his continuous shall take all safety precautions, famish and install all gmrds necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all plus and regulations issued pursuant thereto. Revised 07QO14