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HomeMy WebLinkAbout102795 WESCO DISTRIBUTION INC - PURCHASE ORDER - 9144151 (2)PO PURCHASE ORDER 9144151 Page CI�/ of PURCHASE 44151 1 of 3 ' `tCollins( This number must appear ` v on all invoices, packing sli s and labels. Date: 12/29/2014 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: 12/29/2014 Buyer: PAT JOHNSON Note: Line Description Quantity Ordered UOM Unit Price Extended Price 2 Transformer losses for invoice 1 LOT EA -51.60 174092 2 transformers 3 Transformer losses for invoice 1 LOT EA -61.20 173884 2 transformers . 4 Transformer losses for invoice 1 LOT EA -54.00 172959 4 transformers s Transformer losses for invoice 1 LOT EA -150.00 172648 10 transformers 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 Fort Collins PURCHASE ORDER PO Number Page 9144151 2of3 This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price s Transformer losses for invoice 1 LOT EA-316.80 171710 22 transformers 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 Tenns and Conditions Page 3 of 3 - 1. COMMERCIALDETAIIS. Tax exempliom. By statute the City of Pon Collins is exempt from site and local more. 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 Statutes 1973, Chapter 39-26, 114 (a). Goods R jeted. GOODS MECTED due to failure to meet specifications, either whin shipped or due to defects of damage in remit. may be resumed to you for credit and arc not to be replaced except upon receipt of wrinen instructions from the City of Fart Collins. Inspection. GOODS ate subject to the City of Fort Collins irspection on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in authorized payment on We pan of the Ciry of Fort Collins. However, it is to be understand that FINAL ACCEPTANCE is dapendem upon completion of all applicable required inspection procedures. Freight Trans. Shipments must h F.O.B., City of Fort Collin, ]00 Wood M., Fort C.Ilin, CO 80522, unless otherwise specified on this order. If perrnissirn 6 given to Joel freight and charge separately, the original freight hill tuna accnmmnv unions, Additioml climes for mckin r will not be anreatd. Shipment Distance. Where manufacturers have dutributing Points in various pans of the country, shipment is expected from the nearest distribution point to destruction, and excess freight will be deducted firm Invoice when shipments arc made from greater ch ance. Permits. Seller shall procure at seller sole cost all necessary Famous, renificates and Remove required by all applicable laws, regulations, ordinances and rates of the sate, municipality, merge, or political subdivision where the work u pief rmed, or required by any other duly mentioned public authority having Jurisdiction over We work of vendor. Seller banner agrees to hold the City of Fort Collier harmless from and against all liability and lass incurred by them by reason of an warned or established violation of any such laws, regulations, ordinances, notes and re,mo merits. Authorization. All parties to this contract .,me that the repreaenarivm are, in first, bow fide and possess full and complete authority to bid mid parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set our and any supplementary or additional terms and conditions annexed hereto or incoryomted herein by reference. Any additional or different teats vend conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment W arrive on your promised delivery dare as need, rime is of thc essence. Delivery and performance most be el i coed within the time stated on the purchase order and the documents machd hereto. No acts or the Purchasers including, without limintion, acceptance of partial late deliveries, stall operate. v wrrive, ofthis provision. In the event of any delay, ,he Purchow, 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 arc beyond its reasonable control and without its fault of negligence, such acts of God, acts of civil or military authorities, gm,so m anal priorities, fires, strikes, flood, epidemics, wars or non provided that notice of the conditions causing such delay is given to the Purchaser within five (5) Maya of We time what the Seller first received knowledge thereof. In the event of any such delay, the date of delivery, shell be extended for We paid want m the time actually best by reason efthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, awards and work covered by this order will conform with applicable drawings, specification, rumples amber other description given, will l e fit for the purposes intended, and perfomud with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold We purchaser harmless firm any loss, damage or expense which the Foreknow may sufferor incur on amount of the Sellers branch of warcmty. The Seller shall replace, repair or make good, without cage a the purchase, any defects or faults singing within one (1) year or within such longer period of time as may be preacnbd by law or by the terns of any applicable warranty provided by the Seller aftrr the date of acceptance of the goods fumuhd hereunder (acceptor not to be unreasonably delayed), resulting tram imperfct or def.dve work done or twtenals famished by the Seller. Arcepance or um of goods by the Frankhauser shall va, confimm a waiver of any claim under this warranty. Except as otherwise provided in this perchaa order. We Sellers liability hereunder shall extend to all damage proximately caused by the breach of any of the foregoing memories or gtmmntres, but such liability shall in no event include loss of profits in loss of sac. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaer may make changes to legal term by wren change order. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terns, other than legal toms, including auditiors to or deletions from the comities originally ordered in the specifications or drawings, by verbal or written change order If my such change affects the amount due or the time of perfmormee hereunder, an equitable argarmmd shall be made. 6. TERMINATIONS. The Purchaser may at any time by wren change order, terminate this agreement as to my or all punions of the good than no, shipped, subject to any equitable w1jntrind between the of. as to any wok or matma ;the. W progress provided that the Purchaser shall nut be liable for any claims for anticipated profits on the uncomptetd Witten of the goods andiar work, for incidental or cortequential damages, and that no such adjustment be made in favor of the Seller with mover to any goods which ure the Sellers standard stork. No such termination shall relieve Me Purchaser or the Seller of any of their obligations.,. any goods delivered here.&,. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the time the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and m,olclums to which the goods are subject. The Seller shall execute 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 incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffeml by the Purchaser as a result of the Sellers f olum to comply with such law. 9. ASSIGNMENT. Neither parry shall cosign, transfer, or convey this order, or any monies due or to became due hereunder without the prior written Co., ofthe other party. 10. TITLE. The Seller warrants W11, clear and unrestricted title to the Purchaser for all equipment, mesedas, and items fumishd in perform of this agreement free and clear of my and all liar, restrictions, reservation, security interest encumbrances and claims ofothers. 11. NONWAIVER. Failure of the term Purchaser to insist upon inner performance of the s and conditions hereof, failure or delay to exervise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, We acceptance ofor payment for goods hereunder or approval ofthe design, shall rim rclaase the Seller of any of the warranties or obligations of this purchase order and shall not be dinned a waiver of any right of the purchaser to insist upon strict performance hereof., any of its rights or readies as to any such goods, regardless of when shipped, received or acre salt as to any prior or subsequent default hereunder, nor shall any pwponed oil modification m remission of this purchase order by the Packager operate as a waiver of any of We tam¢ hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in arrival economic practice, overcharges resulting from antitrust .[.,a. arc in fact home by the Purchaser. Theretofore, far goad cause and as cmtsidemtion for vaccine, his purchase order, the Salle, hereby assigns no the Purchaser any and all claims it may now have or hereafter acquired under federal or sate .,I., lax. for such overcha l relating to the particular goods or services purchased or axw d by the Purchaser pursrwt to Mix purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser comers$e Seller to win nonconforming or der Live goods by a" a an an agreed upon by We Purchaser and the Sells, and the Seller therafter indicates its mobility or unwillingness 1. comply, the Purchaser may cause We work to be performed by the most expeditious means available to it, and the Seller shall pay all casts associated with such work. The Seller shall release the Pumhner wall its cmnra,ors of any ties from all liability and claims of any nature resulting from the perfamance ofsuch work. This release shall apply even in the event of fault of negligence of the parry mugged and shall extend to the directors,o iccrs and employees ofsuch party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused a be performed by the Purchaser. 14. PATENTS. Whenever We Seller is required to use any design, device, material or process covered by letter, patent, trademark r copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infn'ngemem by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify, the Purchaer 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 case said equipment, or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan 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 pans, replace the same with substantially equal but noninfrging equipment. cr codify it sat it becomes naninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver of notice for any of the Sellers property or business, this enter may forthwith be canceled by We Purchaser wirhouHiobiliry. 16. GOVERNING LAW. The definitions.!terms used or the interpretation ofM, agreement and the rights of all pretax hereuder shall h combated under and Reviewed by the laws ofthe Sate of Colorado, USA. The following Additional Conditions apply only in caseswhereWe Seller is to pert work hemundeq ncluding the services of Seller Representalivgs), on the premises of o0¢rs. IT SELLERS RESPONSIBILITY. The Sell. shall carry an said work at Sellers own risk .,it the same is fully compind and a ceptd, and itha , in ram of any accident, destruction or injury to We work anbor namenals before Sellers final completion and acceptance, complae the work at Sellers own expense and to the satisfadm of the Purchaser. When materials and equipment are famished by ethers for installation or.rction by the Sell., the Seller shall receive, unload, store and handle come at the site and hcomc responsible therefor as though such matenals occulter equipment were being fiunishd by the Sella under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers ex mpenation, including accupatioucl disease benefis, or its employees employed on or in coom.tion wit the wok covered by this purchase order, anbrr to their dependants in accordance wit We laws of the sum in which the wink is to be done. The Seller shall also can, comprehensive general liability i.ludin& but Out limited to, contactual and automobile Public liability insurance with bodily injury and death limits of at leads S30RM for any one pagan, $500,000 fro my oaccident and prepiery damage limit per .,idea, of $400,000. The Seller shall likewise require his ntractors, Harry, W provide for such compensation and insurance. Before my of she Sellers or his contrarl employees shall do my work upon the premises of others, the Sall. shall f ish the Farnham, wild a cedlMam that such compensation and insurance have been provided. Such certificates shall specify the dele when such ompenation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seger agrees Wet such comper din and insurance shall h maintained until after We entire wok s completed ad.aeptc& 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby.,.a the entire rmponibiiny wad liability far any and all damage, loss or injury of my kind r mture whosoever to person or progeny caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of We Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property, to which the Purchase may be pat or subject by reason of nay act, action, negle., omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or comments officers, agents or employees. In case my suit or other proceedings shall be bmught 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 any of his contractors or any of its or their officers, agents or employees as afinemid, the Seller hereby agrees to assume We defense thereof and to defend the some 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 again, the Purchaser or any of its or their ofcm, agents or employees in such suits or other procadings, and in cam judgment in other lien be placed upon or nbained against the property of the Purchaser, or said parries in or as a result of such suits or oMet praeedings, Me Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety po caaiom, famish and mall all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, We Occupational Safety and Health Act of 1990 and all rules and regulations issued purs.n, began. Revised 07I2014