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HomeMy WebLinkAbout102795 WESCO DISTRIBUTION INC - PURCHASE ORDER - 9146452Fort Collins PURCHASE ORDER PO Number Page 9146452 1of2 This number must appear on all invoices, packing sli s and labels. Date: 11/07/2014 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: 11/04/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price t 7034-1080 2000 EA 4.1500 8,300.00 elec lighting photo control 12A4 CONTROL, LIGHTING, ELECTRONIC, 105-305V, 1.0 FCS TURN -ON STD. CELL, 320J MOV, TWIST -LOCK DTL, DP124-1.0-1707-J50; 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 $8,300.00 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 Too Collin is exempt four sate and local taxes. Lair Exemption Number is I L NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84fi 587 is registered with the Collator of Failure of to Purchaser to nods, upon shirt perf of the 1. aM coMine- hereof, failure ar delay n Intend Revenue, Denver, Colorado (Ref. COlorudo Revised Surer w 1973, Chapter 39-26, 114 (a). excraim any rights or remedies provided herein or by law, failure to promptly minty the Seller in the event of a brmch, the acceptance arm payment for goods hereunder or approval wthe design, shall not release the Seller or Goods Rejected, GOODS REJECTED due to failure to meet specifications, either when shipped or due n defects of any of the warranties or obligations of this purchase Omer and shall not be deemed a waiver of any right of the damage in hmisim may be returned to you for credit and arc not to be replaced except upon receipt Of wri en Purchaser to imist upon strict performance h av efor any offs night, or wnMles w In any such goods, mgardless instmetions Soon the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purposed oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terns Inspection. GOODS are subject to the City of Fon Collins inspection on amval. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order canresult in 12. ASSIGNMENT OF ANTITRUST CLAIMS, authorized payment on the part of the City of pan Collins. However, it is to be understood thatFINAL Seller and the Purchaser Owagoner that in normal economic practice, overcharges resulting from antitrust ACCEPTANCE is ceramic, upon rompldian of till applicable nquimA inspection procedures. violations arc in fact home by the Purchaser. Theretofore, forgoodcause and as consideration for executing this pmclase, order, the Seller hereby assigns to the Purchase, any am all claims it may now have or hereafte, Freight Terns. Shipments mast be F.O.B., City of Pon Collins, 700 Wood St., Fort Collins. CO 80522. unless acquired under federal or more antitms, laws far such overcharge miming to the Particular good or services otherwise specified on this Order. Hpermission is given to prepay freight and charge separately. the anginal freight purchased or acquired by the Purchaser pursuant m this purchase Omer. bill mat accomwny invoice. Additional charges for lucking will not be, accepted. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment s expected from the wrest distribution Point w den lemon, and excess freight will that, deducted tom Invoice when shipments art made from greater distance. Permits. Seller shall p.am at sellers sole cast all recessery parands, certificates and licenses required by all applicable laws, regulations, ordinances and rules Of the sale, municipality, territory or paliticd subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work Of vendor. Sell,, further agrees m hold the City of Iron Collins harmless Bom and against all liability and loss .fored by them by ream. of an w,m d or established violation of any such laws, regulntim , analmoncm, ales and requir merits. Awla dzatim, All ponies to this contras, agree that the repremcnatives are, in fact, Now ride and pmsess full and complete authority to bind said patties. LIMITATION OF TERMS. This purchase Omer expressly limits accepantt to the ,ems and conditions stared herein set funds and any supplementary Or additional terns and emtditions contacted hereto or incorporated herein by reference. Any additional or different,ems and mMition, proposed by seller are objected to and hereby jectnd. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cammt make complete shipment to arive on yam promised delivery dam as noted. Time is of the essence. Delivery and performance must be effected within the time sand on the purchaw order and the documents attached hemm. No arts of the Purchasers including, without limitation acceptance ofpwial late deliveries, shall operate as a waiver of this provision. In the even of any delay, the Purchaser shall havq in addition 1..,he, 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 M a result of delays due to muses not mawnably foreseeable which arc beyond its reawnable contral and without its fault of negligence, such acts of God, acts ofcivil or military authorities, governmental prionties, fires, strikes, Rood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within live (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall M extended for the period equal to the time actually lost by remain of the, delay. 3. WARRANTY. The Seller wmrants that all goods, articles, materials and work covered by this order will conform wit applicable drawings, specificammus, samples anNOr come, descriptions given, will be fit for the pmr ows intended and performd with the highest degree of are aM competence in accordance with exceplW standards for wank of a similar mount. The Seller agrees to hold the purchaser harmless from my loss, damage or expanse which the Purchaser may suffer or i.e. on account of the Sell. breach of warranty. The Seller shall ted., repair or make good, without cost to the purchaser, my defers or furs mining within one (1) year or within such longer period of time as may be prescribed by law or by the temp of any applicable warranty provided by the Seller after the date of acceptance of the good finished hereunder (acceptance not to be unreasonably delayer), resulting from imperfect or defective work done or mammals famished by the Seller. Acceptance or use of good by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach or 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 Purchaser may make changes to legal arms by written change Omer 5. CHANGES IN COMMERCIN, TERMS, The Purchaser may make my changes to the terms, other than legal terms, including additions to or deletions fmm to quantities arigually material in the tracer Orations or drawings, by verbal or —am change order. If any such change affects the crown due or the time ofperfotmmce hereunder, an equitable adjustment shall to made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all poniom of to good then not shipped, subject to any equitable adjustment between the parties to to any work or materials then in progress provided that the Purchaser shall not be liable for my claims for anticipated pants on the uncompleted ,onion of the goods and/or work, for incidental or ....sequential damages, and the, no such adjustment be made in favor of the Seller with respect to any goods which arc the Sellers standard stock. No such term ation shall relieve the Purchaser or the Seller army oftheir Obligations as to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for Mjustment most be acaa M within thirty (30) days from the done the mange or nomination is ordered. 8. COMPLIANCE WITH LAW. The Seller warmers that all good sold hereunder shall have been produced, sold, delivered and fumuhnd in suic, compliance with all applicable laws and regular.. to which to goods are subject. The Seller shall mmum and deliver such daumms as maybe required w effect or evidence compliance. All laws and regulation required to be incorporated in agreemens of this clo acter etc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all cosy and damages suffer d by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or my monies due or to become due hereunder without the prior written consent of to other party. 10. TITLE. The Seller warrants full, clear and unwounded title m the Formula for all equipment, materials, and items famished in performance of this agreement free add clear of my and all liens, mommons, max,atlona, security interest encumbrances and claims craters. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifte Purchaser directs the Seller to carter nomcouf ing or defective good by a date to be agreed upon by the Purchaser and the Seller, eM the Seller thereafter indicates its inability Or unwillingness a comply, the Purchaser may muse the work to be performed by the most expeditious meats available to it, and the Seller shall pay all comb, 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 party released and shall extend to the directors, officers and employees of such party. The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is pu famtcd or caused Ion W perfumed by the Purchaer. 14. PATENTS. Whenever the Seller is mquirnd to use nay, design, device, material or p wi covered by Inter, patent, trademark r copyright the Seller shall indemnify and sore hamtlas the Purchaser from any not all claims for infringm rid by onew r of the use of such patented design, device, rnamrial at pmcast in connection with the comm, and shall indemnify the Purchaser for my cost, expeme or damage which it may be obliged to pay by mown of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any not mercofor the intended Ise ofrbe goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller slug at its awn expense and at its option, either Procure far the Purchaser the right to continue using said equipment or pans, rcplam the same with substantially equal bur noninfringing equipment, or modify it so it becomes noninlHnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for nay of the Sellers property or business, this order may forthwith be canceled by me Purchaser without liability. 16. GOVERNING LAW. The definitions of tends used or the interpremtiw oflhe agreement and the rights oral] parties hummust shall be construed under and governed by the Laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to Perform work herma der. including to servicm of Sellers Repamenative(s), on the premises of area. IT. SELLERS RESPONSIBILITY. The Seller shall tarty on said work at Sellers own risk until the same is rally completed and accepted and 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 smisfamio. or to Pmchasm When materials and egripmem arc furnished by others far 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 torpor equipment were being frmishnd by the Seller under the order. 18. INSURANCE. The Seller shad. at his own expense, provide for the payment of work. compensation, including occupatiotal dsease, benefits, to its employees employed on or in connection with the work covered by this purchase order, aaNar m their dependenn in accordance with the laws of the some in which the work is to be done. The Seller shall also carry, comprehensive general liability including• but not Round to, contractual and automobile public liability ireuranee with bMily artery anal death throw of at least $300,OW for my one Parson, 5500.000 for any me accident and property damage limit per accident of S400,000. The Seller shall likewise require his commcmrs, if any, to provide for such compemmon and iarurunce. Before any of the Sellers m his contractoa employees shall do nay work upon the premises of others, the Seller shall furniah the Purchaser with a certificate that such compensation mid insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expirm. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted 19. PROTECTION AGAINSTACCIDENTS AND DAMAGES. The Seller hereby asumm to entire respomibility and liability for very and all damage, loss or injury of., kind or nature whanowsm to persons or property caused by or resulting from the execution of to work prodded for in this purchase order or in contrarian herewith The Seller will indemnify and hold harmless the Produces and any or all of the Pumhasns offices, agents aM employees Imm and against nay and all clams, losses, damages. charges or captious, whether direct Or indirect and whether to persons to property or which to Purchaser may be put or subject by mason or my act, action, neglect, omission or default on the pan of the Seller, my of his co mucmrs, or any of the Sellers or contractors officers, agents or employees. In ease my suit or other proceedings shall be bought against the Purchaser, or its officers, agents or employees at my time on account or by reason of my act, action, neglect, omission or default of the Seller of my of his carrom Tors or any of its or their affirms, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the smut at the Sellers awn expense, to pay my and all toss, charges, attorneys fees and other expenses, any and all judgmens that may be iacumed by Or obtained against the Purchaser or my of its or tent 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 Purchaser, or said ponies in or as a wait of such suits or other proceedings, the Seller will at once cause the same m be tssobed and discharged by giving bond or atherwise. The Seller and his contractors shall take .11 sofey precautions, f ish and install all guard necessary for the prevention of accidens, comply with all laws and regulations with regard to safety including, but without limitation, the Compatlmal Safety and Health Act of 1970 and all roles and segulativis issued pursuant thereto. Revised 0712014