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HomeMy WebLinkAbout102795 WESCO DISTRIBUTION INC - PURCHASE ORDER - 9145145Fort Collins Date: 09/08/2014 Vendor: 102795 WESCO DISTRIBUTION INC 11333 E 55TH AVE UNIT A DENVER CO 80239-2029 PURCHASE ORDER PO Number Page 9145145 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: 09/08/2014 Buyer: PAT JOHNSON Note: Vendor Information: Wesco / KVA Supply Line Description Quantity UOM Unit Price Extended Ordered Price 1 6764-8408 150 EA 86.0000 12,900.00 200A, terminal insul stand off 08G3 TERMINAL, INSULATED PARKING BUSHING (STAND-OFF),'200A, 8.3 KVLG/25 KVLL (USE TO ISOLATE ENERGIZED 200A LOADBREAK ELBOWS) STAINLESS STEEL " ELASTIMOLD, 164-SOP-G; 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: 12.900.00 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 Pon Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statute 1973, Chapter 39-26, 114 (a). Goods Rejmted. GOODS REJECTED due to failure in meet sped 0citiom, either when shipped or due to defects of damage in much, may be mumed to you for credit and art not to be replaced except upon r ovelpt of wormer immmctions from the City of for Collins. Inspection. GOODS arc subject to the City of Fun Collins inspection on server, Final Accepance. Receipt of the merchandise, stanners or equipment in response to this order can result in author ized payment on the pan of the City of Fan Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipments meet be F.O.D., City of Fan Collim, 700 Woad Sr., Fan Collins, CO 80522, unless orhawisespecifiedon this order. If pamissfon n given taprepay freight and charge sepmamly, the original freight bill most accompany invoice. Additional charges for packing will nor be accepted. Shipment Distance. Where manufacturers have distributing points in varricus pans of the country, shipment is expected from the nearest distribution print hs destination, and excess fmigM will be deddatal from Invoice when shipments are made from greater distance. Permits. Seller shall procure a1 sellers sole cost all necessary permits, certificates and lie. required by all applicable laws, mgulatioµ orditure s taut rules of the are, municipality, lanlmr, an political subdivision where fie is is perfomred, or canned by any other duly constituted public authority having jurisdiction over the work of vendor. Seller father agrees to hold the City of Too Collins harmless from and almost all liability and loss incurred by them by reason of an rosined or established violation of city such laws, regularions, ordinances, tales and requirenxnts. Astronomic.. All parties to this contract agree that the representatives are, in fact, boon fide and possess lull and complete .,badly to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tears and conditions stated herein ser fords end any supplementary or additional arms and exablo en, wormed hereto or incorporated herein by reference. Any additlonaI or diBnat It a and conditions proposed by seller are al rased to and hereby jested. 2. DELIVERY. PLEASE ADVISE PURCHASING AGEN Iinim nedely if nor clnnot make complete .shipment le move on your promised delivery rule as holed. Time is of the essence. Delivery and perl'onnonce must be effected within the rime stated on the purchase order and the documents uttered hereto. No acts of the Forbearer, including, without Limitation, acceptance oriental late deliveries, shall opemte as a waiver of this provision. In the event crony delay, the Purchaser shall have, in addition to other legal and scramble remedies, the option of placing this order elsewhere and holding the Seiler liable for damaua. However lire Seller shall 1wt be liable for damage, as is result of delays due to woes not amwnably foreseeable which are beyond its reasonable control and without its fauh of negligence, such acts of God, arcs offered or military authorities, govemmental priorities, fires, strikes, flood, epidemics, wars or Hats provided that notice of the conditions causing each delay is givar to the purchaser within five (5) days of the Sam when the Seller first rcccived knowledge thereof In fie event of any such delay, the date of delivery shall be extended for the period equal to the time actually tun by r awn of the delay. 3. WARRANTY. The Seller warrants Hut all goods, articles, m]ierliis and work covered by this order will conform with applicable drawings, specifications, samples fraNar other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care, and competence in accordance with accepted deradmds for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer ar incur on account of the Sellers breach of warms ry. The Seller shall replace, repair or make good, without cast to the purchaser, any defecu or faults arising within one (1) year or within such longer. period of time As may be prescribed by law or by the terns of any applicable summary provided by the Seller he, tire dam at acceptance of the goods famished hereunder (acceptance not he unreasonably delayed), resulting from imperfect or defective work dune or materials famished by the Seller. Acceptance or sex of goods by the Pualuser shall not constitute a waiver of any claim under this warranty. Except u otherwise providedin His purchase order, tbe Sellers liability hereunder shall extend to all damages proximately caused by the breach crony of fie foregoing amounts; a gresources. bur such liability shall in no event include loss aprofs or loss of sex. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4, CI TANG ES IN LEGAL TERMS. The Pumhuxr. may make changes to legal terms by wrinen change trader 5. CHANGES IN COMMERCIAL TERMS. The Pweham may make any changes to the terms, other than legal terms, including addition, to or deleriom from ,he gcratififirs originally ordered in He specification, or drawings, by verbal or wnnen change order. If any such change atTects the amount due or Ne time of performance hereunder, an amiable adjustment skill be made. 6. TERMINATIONS. The Purchaser any at any time by valo n change order, ten darts this agreement as to any or all portions of the goods then not shipped, subject 1. any ignitable adjustment between the panics an to any work or naterials then in progress provided that the Purchaser shall not be liable for any claims for anlicinical profits oa the a somadeted potion of fie ma s maker work, for incidental in consequential damages, sud Hut m such mdjustmem be made in favor of Ne Seller with mpmuo any gees which — the Sellers standard stock No such lamimtims shall relieve the Porchassr or the Seller army oftheir obligations as on, any goods delvemad hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be usened within thirty (30) days from the data the change or t.Italian is ordered. R. COMPLIANCE WITH LAW. The Seller warrants Nat all goods sold hereunder shall have been produced, sold, delivered and famished in sonet compliance with all applicable lass and regulations to which Her goods are subject. The Seller shall execute and deliver such documents in may he nquircd to effect in evidence compliance. All laws and mgulntios required to be ncorpommd in agreements of this character are hereby incorporated herein by lour reference. The Seller agrees to indemnify and hold the Purchaser hatmlms from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pray shall assign, transfer, or convey, this order, or my monies due or to become due hereunder without the prior Women eom elm of the other party. 10. TITLE. The Seller amends full, clear and amesmicted title to the purchaser for all equipment, motmas, and items famished in performance of this agreement, have and clear of any and all liens, mtd tione, reurvatiors, security interest encumbrances and claims archers. II. NONWAIVER. failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to exercisany rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breachefe acceptantt of or payment far goods hereunder or approval wDhe design, shall net release the Seller of any of the warranties or obligations of this purebue order and shall not be deemed a waiver of any right of the Purchaser to insist upon strict Performance hcreofor any of its rights or rnnedies as many such goods, regardless of when shipped, received or unrelated, in to any prior or wbsequrnt default germander, nor, shall any purported am[ modification or rescission of this purchase order by the Purchaser operate as a wviver of any of the mtms hereof. 12. ASSIGNMENT Op ANTITRUST CLAIMS. Seller and the Purchma recognize that in actual economic practice, overcharges resulting from antitrust violations am N fact beme by the Purchaser. Tbemnf.m. fogood crux and as consideration for conaling this purchase order, the Seiler thereby assign, io the Purchaser any and a1I claims it may vow have or hereafter acquirN under (ideal or stem mlimrsl laws far such tam rchmgas relating ta the pmticalu ged, or —so- purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE, OF SELLERS OBLIGATIONS. If the Purchase, ducts the Seller to ceased nonconforming or detective goods by a date to be agrecl upon by the Purchaser and the Sella, and the Seller thereafter indicates its inability a unwilliagness to comply, the Purchaser may cause the work to be Performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. The Seller shall ml. the Pumhasa and its containers of any at, from all liability and claims of any nature resulting Gom the performane ofsuch work. This release shall apply even in the event of Oran of negligence of the parry released and shall extend to the directors, officers and rindoyees ofsuch any. The Seller's contractual obligations, including womanly, shall not be danced In be reduced, in any way, because such work is Performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is requital to use any design, device, malenal or process covered by later, patent tmdemmd or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infri'mun l by reason of the use of such patented design, device, material or pmttss in c.merom with the contract, and shal I indemnify the Purchaser for any cost, expense or damage which it may be Obliged or pay by reason of such infringement at any time during the prosecution er after the completion of the work. In now said niumarem, ar any pan thereof or the intended use of the goods, is in such suit held to asestimte infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at in option, either procure for the Purchaser the right to continue using said equipment or pans, replace fc more with substantially equal but nourfnging ceuipmml, or modify it w it becomes tmninG ing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers properly or business, this area may forthwith be canceled by the Purchase, without liability. 16. GOVERNING LAW. The definitions ofterms used or the interpretation of the agreement and the rights ofaH panics hereunder shall he mastered anda and governed by the laws afthe Stare of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Representardve(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the some is fully completed and accepted, and shall, in case of any accident, destmcrom or injury to the work sooner materials before Seller's final completion and acceptance, complete the work at Seder awn espasse and ta the satisfaction of the Puritanism. When materials and equipment are famished by others for installation or erection by the Seller, the Seller shut[ receive, wload. start and handle same at fie site and become responsible Nerefo, in though such nnatedah ands., corm,a en, were being famished by the Seller under the order. ,. 18. INSURANCE. The Seller shall, m his own cx,anv, provide for 16e payment of workers compensation, including occupational dose.. benefice, to its employees employ at an or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of me sure in which the work is to be done. The Seller shall also cart, comprehernive general liability including. but not limilml to, contractual and automobile public liability insurance with bodily injury and dedh limits of 91 lour 5300,000 far any one person, S500,000 far any We accident and pmpeny damage limit per accident of Se00,000. The Seller shall likewise ltyum, his contractors, if any, to provide for such compensation and insurance. Before any of ffe Sellers or his contrwmrs employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such Cetifcams shall specify the date when such compensation and in,unmce have been provided. Such certific feu shall Pacify the date when suer eomp ounation and insurance expires. The Seller agrees that such compensation and insumme, shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby arc es the entire mponability mud liability for any and all damage, loss or injury ofmy kind or nature w1adowever to persons or property caused by or resulting tram the execution of due and, provided for in this Lunchroom order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers o icers, agents and employees from and am.,l any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Puncheon may be put or subject by minor of any act, action, neglect, omission or default on fire part of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In cue any suit or other proceedings shall be brought against no Porchams, or in olicre, agents or employees at any time on account or by reawn of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees is aforesaid, the Seller hereby agrees to assume ,be defense lherwf and to defend Ere same at the Sellers awn expense, to pay any and dl costs, charges, enormYs fees and other expenses, any and all judgments that nay be incurred by or obtained against the Puchaser or any of its or their oti err, agents or employers in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said ponies in or as a result of such suits or other proceedings, the Seller will at once cause Lire same to be dissolved and discharged by giving bond in otherwise. The Seller and his contractors shall take all safety precautions, famish and immll all guards necessary for the prevention of accidents, comply wirh all hws and repirdon, with regard to safety including, but without Becomes, the Occupational Safety aml Hedf Act of 19T0 and all tales and regulalimsinjous elpursuant Herein. Revised 07R014