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HomeMy WebLinkAbout102909 GRAYBAR ELECTRIC CO INC - PURCHASE ORDER - 3215004of Fort Collins Date: 01/02/2015 Vendor: 102909 GRAYBAR ELECTRIC CO INC 1375 W 47TH AVE DENVER CO 80211-2318 Delivery Date: 01/02/2015 PURCHASE ORDER PO Number Page 3215004 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: TRAFFIC OPERATIONS CITY OF FORT COLLINS 626 LINDEN STREET FORT COLLINS CO 80524 Note: Line Description Quantity UOM Unit Price Extended Ordered Price t Wire/Cable Supplies Annual 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@fogov.00m iIIel�l�y 5,000.00 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 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fan Collins is exempt from stare and local taxes. Om Exemption Number if I I. NONWAIVER. 99-0 502. Federal Excise Tax Exemption Cenificam of Registry 84-6000587 is registered with the Collector of Failure of tc Pnsthssa to insist upon strict performance of the terms and rendition, hereof. failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised S.M. 1973, Chapter 39-26, 114 Pd. exercise any rights or remedies provided herein or by law, failure to promptly notify the Sella in the eamt of a breach, the arram nor of or payment for goods hereunder of approval of to design, shall not release the Seller of Grind Rejected. GOODS REIECTED due to failure to men specifications, either when shipped or due to defects of any of the wx(raatiC or obligations of this parchau order and shall not be deemed a waiver of any right of the damage in tramiu may M returned to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, m many prior or subsequent default hereander, nor shall any purpored oral modification or rescission of this purchase order by the Purchver opmam m a waiver of any of the terms Inspection. GOODS are subject to the City of Ton Collins inspection on arrival, hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can mi in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized paymmt on the part of fe City of Fort Collins. However, it 6 to he und.tood flat FINAL Sella and the Purchaser recognize dust in actual economic practice, overcharge resulting from antirnst ACCEPTANCE is dependent upon completion of all applicable requird inspection procedures, violations are in fact borne by fe purehasa. Thereof , for good cause and to emesidemtion for executing this purchase call the Seller hereby assigns to We Purr, u any end all claims it may now have for hereafter Freight Terms. Shipments most be F.O.B.. City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless acquired order federal or stale antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this made. If permission is given to prepay freight and charge separately, the original freight porchmed or acquired by the Purchaser pursuant to thispumhase order. bill must accompany invoice. Additional charges far parking will rat he accepted. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be dedneted from Invoice when shipments are made from greater distance. Permit. Seller shall pmcame at sell. sale cast all necessary permits, certificates and licenses required by all applicable laws, regulations, ordiousnces and roles of the state, municipality, ter itory or political subdivision where the work is performed, or required by any units, duly constimtd public authority having jurisdiction ova the work of vmdor. Seller faster agrees to hold the City of Fort Collins hmmlesv from and against all liability and buss rrumd by them by raven of an examined or established violation of my such laws, regulations, ordinates, rules and rtquirements. Aufmrization. All parties to this contract agree fat to representative am, in fact, bore fide and possess full and complete authority to bind said parries. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional moss and conditions annexed hereto or inemrporated herein by mferenoe. Any additional or different terns and conditions proposed by selll, ere objected ro and hereby t jecld. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment of arrive on your promisd delivery date as noted. Time is of the essence. Delivery and peif... must be of scmd within the time stated on the purchase order cool the docummrs attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate m a waiver of Nis provision. In due event of any delay, fe Purchaser shall have, in addition to other legal and equitable remedies, the It. of placing this Dada elsewhert and holding the Seller liable for damages. However, the Seller shall not he liable far damages m a result of delays due to causes not reasonably foreseeable which am bryond its reasonable contact snd without its fault ofnagligence, such acts Of Grad, acts of civil or military authorities, governmental priorities, fires, strike, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereat In the event of any such delay, the dam of delivery shall be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Sell. wanants that all good, articles, materials and work covered by this older will comfort with applicable drawings, specifications, samples nougat other descriptions given, will be frl for the purposes intended, and performed with the highest degree of rate and competence in accordance with accepted mandard for work of a Mu ilm mutate. The Seller agrees to hold the loaraier harmless from any loss, damage or expense which the Purchaser may sufferm incur on account of the Sellers breach of wamnty. The Seller shall replan, repa'm m make good, without onto to the purchase, any deferox or faults arising within one (1) year or within such longer period of time as may be presctibed by law or by the terms of my applicable warranty la vidd by the Seller after the date of acceptance of the good banished hounder (acccpmnm not to be unseasonably delayed), resulting from imperfect or defective wok done or materials 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 ell damages proximately caused by the breach of any Of the foregoing warranties or guarantees, but such liability shall in no event include lass of profits or loss of me. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY, 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes w legal terra by whom change Omer. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may rake any changes to the terms, Wtsr than legal terms. including additimrs to or delmorss from the quantities originally ordered in de spaificadam or drawings, by verhal or written change omen. If any such change aRects the amount due m the time ofperfofmaoce hounder, an equitable adjnstmmt shall bet made. 6. TERMINATIONS. The Purchaer may at any time by written change urea, more nate this agreement as to any or all pmnimn of fe goods then not shipped, subject to any equitable adjustment between the parries m to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated pmfi6 on the uncompleted portion of the goods and/or work, for incidental Or consequential damages, and that no such adjustment be made in favor ofthe Sella with respect to any goods which are the Sellers standard stock. No such torrirmtion shall relieve the pnschaser or the Seller ofany of their obligations as to any goad delivered hereunder. ]. CLAIMS FOR ADIUSTMENT. Any claim for djusunrnt most be msearred within thirty (30) days from the date the change or termiretiom is amend. 8. COMPLIANCE WITH LAW. The Seller waraw s fat all goods sold hereunder shall have been produced, sold, delivered and fomuhed in stria compliance with all applicable laws and regulation to which the goods art 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 fix chat arc hoby incorporated herein by this reference. The Seller agrees to indemnify and hold the Plummer harmless from all rosts and damages suffered by the Purchaser as a result of the Sellers failure in comply with such law. 9. ASSIGNMENT. Neither parry shall assign, unnsfer, or convey, this order, or any foonies due or to become due hounder without the prior wrinanconsent of the other parry. 10. TITLE. The Seller warrants full, clear and unrestricted title in the Pmchaer for all equipment, mamrials, and items famished in performance of this agreement, free and clear of any and all lien, restrictions, reservations, security interest omumbmnces and claims afoffers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the purchaser directs the Seller to correct nonconforming or detective goads by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditions means available to it, and the Seller shall pay all costs sssmciated with such work. The Seller shall release the purchaser and its mmfcrors of any fier from all liability and claims of my mature resulting from the performance of such work. This rebase shall apply even in the event of fault of negligence of the parry, refaced and shall extend to the direcws, offices and employees of such parry. The Sellers mnttectual obligations, including warranty, shall not he deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaer. 14. PATENTS. Whenever the Seller is required to use any design, device, material or p vatess covered by letter, putent, trademark r copyright, the Seller shall indemnify and save hmmless the Purchaser from any and all claims for infringement by ,dawn of the ass of such patented design, device, material or process in connection with the control. and shall indemnify the Puchaer for any cast expense or damage which it may be obliged to pay by reason of such infringement at any time during the pfoseaf ion or after the completion of the work In caw said equipment, or any par thereof or the intended use of the good, is or such it held Or ..oute infringement anal the use of said cquipmeat or pan is hind. the Sella shall, err its own expense ad at its option, either procure for the Purchaser to fight to rontinue using said equipment or parts, replace the same with subsmatially aquzl but nmrinfringing equipment, of modify it an it becomes ooninfnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignsnent for the benefit of creditors, appoint a mareiver or trustee for any of the Sellers property or business, this order may foMwif be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofterrm used or the interpretation ofthe agreement and the rights ofail Parties hereunder shall be committed coda and gmvemd by the laws offe State afC.Ionado, USA. The following Additional Conditions apply only in crass where the Seller is to pert work heremder, includng to urvicas ofSellm Represcntassrob), on the premises ofofery 17. SELLERS RESPONSIBILITY. The Seller shall carry on said wok at Set[&. own risk until the same is fully complete and accepted, and shall, in u of any accident, destruction or injury to the work cal materials before Sellers final completion and acceptance, complete the wok at Seller's own expense and to the satisfaction ofthe Pnschaur. When materials and equipment are famished by others for installation or election by the Seller, the Seller shall receive, unload, store and handle same at the site and become fespoosible therefor as though such mderials anugor equipment were being f rmishd by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of wokmas compensation, including oceupatimal disease benefits, to its employees employed on or in connection with the wok covered by this purchase order, and/or to they dependents in accordance with the laws ofthe same in which the wok is to be done. The Seller shall also terry comprehensive general liability including. but Out limited ta, rovfoacuusl and automobile public liability imaravarce with bodily injury and death hours of at most $300,00) for any one person, S500,000 for any on, accident and properly damage limit per accident of S400,000. The Seller shall likewise raryire his contractors, if-, to provide for such compensation end immance. Beth any of the Sella Or his contractors employees shall do my wort: upon the premises of others, the Seller shall famish the Pmchoser with a certiffam that such mmpematlon and insurance have been provided. Such eenifcates shall specify the dam when such nmpemation and insurance have been provided. Such certificates shall specify the date when such mmpensmimn and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire walk D completed and acceptor. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire neponsibility and liability for any and all damage, loss m injury of any kind or mture whaeweter to persons or property camel by or resulting from the execution arrive wok provided for in dais purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any Or all of to Purchasers mTem, agents end employees farm and against any and all claim; Insiones, damages, charges or expertus, whether direct or indirect, and whether dip persons or property, to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the For of the Seller, any or his cremations, or any of the Sellers or contractors officers, agents m employees. In eau any suit Or other Proceedings shall be brought against the Purchmer, or its officers, agents or employees at any rime on account or by reason of any act, action, neglec, omission or default of the Seller of any of his contmttors or any of its or their oflic., agents Or employees as aforesaid, the Seller hereby agrees to assume to defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, anomrys fees and other expenses, any and all judgments tat may he incurred by or Obtained against the Purchaser or any of its of their officers, agents or employees in such suits or offer proceedings, and in eau judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parties in Or as a mull of such arts m offer proceedings, due Seller will ar mac cause the same to be dissolved and discharged by giving Will or otberwix. The Seller end his cmdxmtms shall take all safety precaution, furnish end install all guards accessary for the pravi ntion of accidents, comply with ell laws and reguatom with regain in safety including, but without limitation, to Occupational Safety ram Health Act of 1970 and all roles and regulations issued pursuant thereto. Revised OM014