The URL can be used to link to this page

Home My WebLink AboutCORRESPONDENCE - BID - 8542 CABLE, 750KCMIL, 7503-1130 (3)Customer Number Y00263 CITY OF FORT COLLINS ACCOUNTING DEPARTMENT P.O. BOX 580 FORT COLLINS, CO 805220580 Quote Submission Date Job Name Contact Phone Fax Email Salesman 3/2/2018 CITY OF FT COLLINS 970 221-6782 HA 970 221-6770 Item Product Qty UOM In Stock Unit Price Price per Extended Amount 1.00/001 260091 22,500 FT 4,441.00 1000 FT 99,922.50 750 FA 175T RN PE 1500 Price is Firm Product Notes 1/C 750 KCMIL (61W) CPR FILLED AL 0.175" TRXLPE, 100% INSUL. LEVEL, 90C, SSCS INSULATION DIAMETER: MIN: 1.360" MAX: 1.430" 19X14 AWG CU CN WIRES 0.050" LLDPE JKT, 3-ERS 15 KV RATED, EMPOWR®LINK, STRANDFILL® CUSTOMER NAME: CITY OF FORT COLLINS CUSTOMER SPEC: 367-102 DATE: 12/01/2016 CUST PART NO.: 367-102-04 INDUSTRY SPEC: ICEA S-94-649-04 LENGTH: 1,500FT/457M +45FT/-0FT PACKAGE: NR 66.28.30 (SPECIFIED) Item Comments MOQ 10,000' LT 14 Weeks Shipping Warehouse SCOTTSVILLE, TX 75688 Metal Weight(s) Copper 246.97 LB per 1000 FT / Total 5,556.88 LB Aluminum 703.20 LB per 1000 FT / Total 15,822.00 LB Product Weight 1,644.60 LB per 1000 FT / Total 37,003.50 LB Total Metal Weight Shipping Weight Quote Total 99,922.50 US Extended weight may not include reels. 37,003.5 LB Aluminum 15,822.0 LB Copper 5,556.9 LB Quote Print Date 3/2/2018 Page 1 / 7 Terms and Conditions to follow on the last page(s). Please note any exceptions or additions Stock availability and lead times subject to change at time of order. Standard terms and conditions apply. This quote is valid for the bill of material listed. Revisions are subject to General Cable acceptance prior to order. We appreciate the opportunity to earn your business. Quote Expiration Date 3/9/2018 2978164-00 Phone Fax Email zhertzenberg@generalcable.co m - - 859-386-9753 ZACHERY HERTZENBERG Inside Sales Quote Terms and Conditions BUY AMERICA/BUY AMERICAN ACT ANY MATERIAL REQUIRING BUY AMERICA OR BUY AMERICAN COMPLIANCE MUST BE IDENTIFIED AT THE TIME OF QUOTATION. THE EXACT PROJECT FUNDING TYPE IS REQUIRED TO ENSURE THAT THE MATERIAL BEING OFFERED WILL MEET THE REQUIREMENTS OF THE BUY AMERICA OR BUY AMERICAN PROGRAM SPECIFIC TO YOUR PROJECT. A GENERAL CABLE BUY AMERICA/BUY AMERICAN ACT PROJECT FORM IS TO BE COMPLETED AND RETURNED PRIOR TO RECEIVING A PRICE. FAILURE TO COMPLETE THE FORM AT THE TIME OF QUOTATION COULD INVALIDATE THE PRICE QUOTED AND RISK NOT MEETING THE REQUIRED COMPLIANCE SPECIFIC TO YOUR PROJECT. ALL PURCHASE ORDERS FOR BUY AMERICA OR BUY AMERICAN COMPLIANT MATERIAL MUST REFERENCE A VALID GENERAL CABLE QUOTE NUMBER. REJECTION OF LIQUIDATED DAMAGES -------------------------------- ALTHOUGH IT IS THE SELLER'S INTENTION TO MEET THE BUYER'S DELIVERY EXPECTATIONS, THE COMPLEXITIES OF THE MANUFACTURING PROCESS MAKES IT DIFFICULT TO GUARANTEE A DELIVERY DATE IN EVERY INSTANCE. IF UNFORESEEN DELAYS DO OCCUR, THE SELLER WILL MAKE EVERY REASONABLE EFFORT TO SHORTEN SUCH DELAYS AND LESSEN THE IMPACT ON THE BUYER. HOWEVER, THE SELLER IS UNABLE TO ACCEPT THE BUYER'S "LIQUIDATED DAMAGE" PROVISIONS AT THIS TIME. GENERAL CABLE'S U.S. UTILITY QUOTE TERMS & CONDITIONS EFFECTIVE: JANUARY 1, 2015 1. TERMS OF SALE: GENERAL CABLE INDUSTRIES, INC. ("GENERAL CABLE") WILL SELL THE GOODS OFFERED BY IT ("GOODS") TO THE PARTY TO WHICH GOODS ARE OFFERED ("BUYER") ON THE TERMS AND CONDITIONS STATED HEREIN AND, TO THE EXTENT NOT IN CONFLICT WITH THE EXPRESS TERMS HEREOF, THE GENERAL CABLE TERMS AND CONDITIONS OF SALE (COLLECTIVELY, THE "TERMS"). ACCEPTANCE BY BUYER, AND EACH OFFER BY GENERAL CABLE, IS EXPRESSLY LIMITED TO THE TERMS. BUYER SHALL BE DEEMED TO HAVE AGREED TO ALL OF THE TERMS (AND ONLY SUCH TERMS), NOTWITHSTANDING ANY DIFFERENT OR ADDITIONAL TERMS CONTAINED IN ANY PURCHASE ORDER, ACKNOWLEDGEMENT, OFFER, DOCUMENT OR OTHER COMMUNICATION OF ANY KIND SUBMITTED BY BUYER, UPON BUYER'S PLACEMENT, CONFIRMATION OR ACCEPTANCE OF ANY ORDER OR ACCEPTANCE OR USE OF THE GOODS, WHICHEVER OCCURS FIRST. GENERAL CABLE HEREBY EXPRESSLY OBJECTS TO ANY TERMS SUBMITTED BY BUYER WHICH ARE ADDITIONAL TO, DIFFERENT FROM, OR CONFLICT WITH, THE TERMS. NEITHER THE FAILURE OF GENERAL CABLE TO SEPARATELY OBJECT TO A PURCHASE ORDER OR OTHER COMMUNICATION FROM BUYER, NOR THE DEVELOPMENT, MANUFACTURE, PRODUCTION OR SHIPMENT OF THE GOODS SHALL BE DEEMED AN AGREEMENT BY GENERAL CABLE TO ANY TERMS OR CONDITIONS WHICH ARE ADDITIONAL TO, DIFFERENT FROM, OR CONFLICTING WITH,THE TERMS.THE TERMS, TOGETHER WITH SUCH OTHER DOCUMENTS SPECIFICALLY MADE A PART OF GENERAL CABLE'S OFFER, SHALL CONSTITUTE THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN THE Quote Print Date 3/2/2018 Page 2 / 7 Terms and Conditions to follow on the last page(s). Please note any exceptions or additions Stock availability and lead times subject to change at time of order. Standard terms and conditions apply. This quote is valid for the bill of material listed. Revisions are subject to General Cable acceptance prior to order. We appreciate the opportunity to earn your business. Quote Expiration Date 3/9/2018 2978164-00 Phone Fax Email zhertzenberg@generalcable.co m - - 859-386-9753 ZACHERY HERTZENBERG Inside Sales Quote PARTIES (THE "AGREEMENT"), SHALL SUPERSEDE ALL PREVIOUS UNDERSTANDINGS BETWEEN THE PARTIES WHICH MAY HAVE EXISTED RELATING TO THE GOODS (WITH THE EXCEPTION OF ANY SEPARATELY NEGOTIATED PURCHASE OR SUPPLY AGREEMENT SIGNED BY A REPRESENTATIVE OF GENERAL CABLE PURSUANT TO WHICH THE TRANSACTION IS BEING CONSUMMATED), AND MAY BE MODIFIED ONLY BY A WRITTEN INSTRUMENT EXECUTED BY AUTHORIZED REPRESENTATIVES OF BOTH PARTIES. 2. PRICING VALIDITY: UNLESS OTHERWISE NOTED ON THE FACE OF THE APPLICABLE PRICE QUOTATION, ANY FIRM PRICING SHALL HAVE 7 DAY VALIDITY AND ANY ADJUSTABLE PRICING SHALL HAVE 14 DAY VALIDITY AFTER THE DATE OF QUOTATION. IF PRICING IS ADJUSTABLE, PRICES WILL ESCALATE OR DE-ESCALATE FOR THE COST OF COPPER AND/OR ALUMINUM TO THE CLOSING OF COMEX COPPER PRICES AND/OR THE MID-WEST U.S. TRANSACTION ALUMINUM PRICE ON THE DATE OF SHIPMENT. A PURCHASE ORDER OR SOME OTHER ACCEPTABLE WRITTEN CONFIRMATION BY THE BUYER THAT IS RECEIVED AFTER THE AFOREMENTIONED VALIDITY PERIOD MAY SUBJECT THIS PROPOSAL TO ADJUSTMENTS IN PRICE, IN GENERAL CABLE'S DISCRETION. THE QUOTED PRICES ARE VALID ONLY FOR THE ITEMS AND QUANTITIES OF CABLE SPECIFIED IN THIS QUOTATION. GENERAL CABLE RESERVES THE RIGHT TO APPROVE THE ACCEPTANCE AND, IF NECESSARY, ADJUST THE SELLING PRICES OF AN AWARD THAT VARIES FROM THE QUOTATION IN EITHER THE NUMBER OF ITEMS OR QUANTITIES PER ITEM, AT THE SOLE DISCRETION OF GENERAL CABLE. HEDGED METAL FIRM PRICING: GENERAL CABLE RESERVES THE RIGHT TO REQUIRE A HEDGED METAL CONTRACT WITH RESPECT TO SPECIFIC FIRM PRICED PURCHASE ORDERS BASED ON THE TIMING OR VALUE OF SUCH ORDERS. IN SUCH CIRCUMSTANCES, IF REQUIRED BY GENERAL CABLE, BUYER WILL BE REQUIRED TO SIGN A "HEDGED METAL PURCHASE AGREEMENT" WHICH IS NON-CANCELABLE AND REQUIRES BUYER TO FINANCIALLY SETTLE ANY DISCREPANCIES IN HEDGED VOLUMES VERSUS ACTUAL RELEASED VOLUMES, AND FOR CHANGES IN THE SCHEDULED MONTHS OF SHIPMENT. CALL YOUR INSIDE SALES REPRESENTATIVE, REGIONAL SALES MANAGER, OR AGENT FOR ADDITIONAL DETAILS. 3. LEAD TIME: DELIVERY COMMITMENTS ARE BASED UPON THE BEST INFORMATION PRESENT AT THE TIME OF THE QUOTATION AND/OR TIME OF ORDER ENTRY, BUT MAY CHANGE DUE TO CONDITIONS BEYOND GENERAL CABLE'S CONTROL. REQUESTS FOR EXTENDED DELIVERY DATES OR CHANGES IN DELIVERY DATES ARE SUBJECT TO PRICE REVISIONS OR NON-ACCEPTANCE OF THE ORDER BY GENERAL CABLE. AVAILABILITY OF ITEMS QUOTED AS "STOCK" ARE DONE SO ON A "SUBJECT TO PRIOR SALE" BASIS. 4. LENGTHS AND TOLERANCES: ALL ITEMS ARE QUOTED WITHIN THE TOLERANCES, LIMITS AND SIZES ESTABLISHED BY APPLICABLE INDUSTRY SPECIFICATIONS OR AS SPECIFIED WITHIN THE "PRODUCT NOTES" LISTED ON THE QUOTE. ALL ORDERS FOR CABLE COILS MUST BE MADE IN FULL PALLET QUANTITIES AS NOTED ON THE QUOTE. GENERAL CABLE RESERVES THE RIGHT TO ADJUST THE PRICE FOR ANY CHANGES IN SHIPPING LENGTHS, REEL LENGTH TOLERANCES AND/OR LESS THAN PALLET QUANTITIES, AS Quote Print Date 3/2/2018 Page 3 / 7 Terms and Conditions to follow on the last page(s). Please note any exceptions or additions Stock availability and lead times subject to change at time of order. Standard terms and conditions apply. This quote is valid for the bill of material listed. Revisions are subject to General Cable acceptance prior to order. We appreciate the opportunity to earn your business. Quote Expiration Date 3/9/2018 2978164-00 Phone Fax Email zhertzenberg@generalcable.co m - - 859-386-9753 ZACHERY HERTZENBERG Inside Sales Quote APPLICABLE, AT THE TIME OF ORDER. CUT TO LENGTH REQUESTS ON UTILITY MEDIUM VOLTAGE STOCK MATERIAL MUST BE SPECIFIED IN THE QUOTATION. CUT CHARGES WILL BE INCLUDED IN THE PER FOOT PRICE OF THE CABLE. STANDARD TOLERANCE FOR CUT TO LENGTH MATERIAL IS -0%/+10%, UNLESS OTHERWISE NOTED. 5. SHIPPING: SHIPPING SHALL BE F.O.B. ORIGIN, FREIGHT PREPAID AND ALLOWED (WHICH COSTS MAY INCLUDE CERTAIN ADMINISTRATIVE AND/OR LOGISTICS CHARGES) FOR SHIPMENTS TO DESIGNATED POINTS SERVED BY COMMON CARRIER. FREIGHT MAY BE PREPAID FOR ALL CONSOLIDATED ORDERS THAT ARE SHIPPED ON A DEDICATED DAY OF THE MONTH, VIA LTL OR VAN UNLESS UNLESS SPECIFIC PRODUCTS REQUIRE A FLATBED DUE TO TO PRODUCT SIZE AND OR WEIGHT, AND TO ONE DESTINATION IN THE CONTINENTAL UNITED STATES. ANY FREIGHT DIFFERENTIAL DUE TO A MORE EXPENSIVE, SPECIFIED ROUTING WILL BE PREPAID AND ADDED TO THE INVOICE. FREIGHT CHARGES ARE PREPAID ON ANY ORDERS OF $5,000 BUYER WILL BE RESPONSIBLE FOR MATERIAL IDENTIFICATION, COUNT AND VISUAL INSPECTION FOR DAMAGE UPON RECEIPT OF SHIPMENT AT THE NAMED DESTINATION, AND SUCH IDENTIFICATION, COUNT, AND VISUAL INSPECTION SHALL BE PREFORMED WITHIN FORTY-EIGHT (48) HOURS OF DELIVERY. ALL RISK OF LOSS OR DAMAGE TO THE CABLE, OF WHATEVER CAUSE OR NATURE, SHALL PASS TO BUYER UPON SHIPMENT. 6. EXPORT COMPLIANCE: IT IS UNDERSTOOD THAT GENERAL CABLE AND BUYER MAY BE SUBJECT TO UNITED STATES LAWS AND REGULATIONS CONTROLLING THE EXPORT AND RE-EXPORT OF THE GOODS. BUYER SHALL NEITHER EXPORT NOR RE-EXPORT, DIRECTLY OR INDIRECTLY, INCLUDING ANY DISCLOSURE TO FOREIGN NATIONALS, ANY GOODS USED HEREUNDER, OR THE DIRECT PRODUCT THEREOF TO ANY COUNTRY TO WHICH SUCH EXPORT OR RE-EXPORT IS RESTRICTED BY UNITED STATES LAW OR REGULATION (AN "EXPORT RESTRICTION") WITHOUT THE PRIOR ISSUANCE TO BUYER OF AN EXPORT LICENSE OR OTHER PROPER AUTHORIZATION, IF REQUIRED, BY THE APPROPRIATE FEDERAL AGENCY OR ENTITY. GENERAL CABLE MAKES NO REPRESENTATION OR WARRANTY THAT THE REQUIRED LICENSE OR OTHER PROPER AUTHORIZATION SHOULD OR SHALL BE OBTAINED. 7. WARRANTY: GENERAL CABLE INDUSTRIES, INC'S UTILITY BUSINESS, AS SELLER, WARRANTS SOLELY TO BUYER OR OWENER THAT THE CABLE SOLD HEREUNDER TO BUYER OR OWNER MEETS THE MANUFACTURER'S SPECIFICATION AND IS FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP. THIS WARRANTY WILL BE EFFECTIVE FOR A PERIOD OF THE LESSER OF TWELVE (12) MONTHS FOLLOWING THE DATE OF INSTALLATION OR EIGHTEEN (18) MONTHS FOLLOWING THE DATE OF SHIPMENT OF THE CABLE PRODUCTS PROVIDED THAT THE CABLE (1) IS PROPERLY HANDLED AND STORED; (II) IS UTILIZED FOR A PURPOSE AND IN A MANNER CONSISTENT WITH THE SPECIFICATIONS OF SUCH CABLE; AND (III) IS INSTALLED, SPLICED, TERMINATED, MAINTAINED, REPAIRED AND OPERATED IN ACCORDANCE WITH RECOGNIZED AND ACCEPTED INDUSTRY SPECIFICATIONS AND STANDARDS AND WITH THE MANUFACTURER'S INSTRUCTIONS. IF, DURING THE WARRANTY PERIOD, SELLER AND BUYER OR OWNER MUTUALLY DETERMINE AND AGREE Quote Print Date 3/2/2018 Page 4 / 7 Terms and Conditions to follow on the last page(s). Please note any exceptions or additions Stock availability and lead times subject to change at time of order. Standard terms and conditions apply. This quote is valid for the bill of material listed. Revisions are subject to General Cable acceptance prior to order. We appreciate the opportunity to earn your business. Quote Expiration Date 3/9/2018 2978164-00 Phone Fax Email zhertzenberg@generalcable.co m - - 859-386-9753 ZACHERY HERTZENBERG Inside Sales Quote THAT THE CABLE IS DEFECTIVE IN MATERIAL OR WORKMANSHIP, SELLER'S SOLE LIABILITY AND RESPONSIBILITY WILL BE TO REPAIR OR REPLACE THE PORTION OF THE CABLE WHICH IS AGREED TO BE DEFECTIVE, WITH CREDIT PROVIDED ON A PRO-RATED BASIS DEPENDING ON THE REMAINING PORTION OF THE WARRANTY PERIOD. REPLACEMENT CABLE WILL BE DELIVERED BY SELLER FREE OF CHARGE, FOB DELIVERY POINT SPECIFIED IN THE ORIGINAL CONTRACT. BUYER OR OWNER WILL BE RESPONSIBLE FOR PROVIDING PROMPT WRITTEN NOTICE OF ANY KNOWN OR SUSPECTED CABLE DEFECT AND SHALL COOPERATE WITH SELLER IN THE INVESTIGATION OF EACH SUCH CLAIM. ANY LENGTH OF CABLE FOR WHICH REPLACEMENT HAS BEEN MADE WILL, AT SELLER'S OPTION, BECOME PROPERTY OF SELLER AND WILL, AT SELLER'S REQUEST, BE RETURNED BY BUYER OR OWNER TO SELLER, FOB SITE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SELLER SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSSES INCURRED BY BUYER OR OWNER AND SELLER EXPRESSLY DISCLAIMS RESPONSBILITY AND LIABLEILITY FOR ANY AND ALL INCIDENTAL, CONSEQUENTIAL OR SPECIAL CLAIMS, DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT. THIS WARRANTY IS EXCLUSIVE AND LIMITED TO THE EXPRESS TERMS HEREOF AND SELLER EXPRESLLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER WRITTEN OR VERBAL, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTIABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. 8. STEEL REELS: IF A STEEL REEL IS NEEDED DUE TO CABLE SIZE OR LENGTH REQUIREMENTS, A DEPOSIT MAY APPLY. THE FULL POLICY CAN BE FOUND IN THE REELS MANAGEMENT SECTION OF GENERAL CABLE'S WEBSITE FOR DEPOSIT FEES AND TERMS OF USAGE: HTTP://WWW.GENERALCABLE.COM/GENERALCABLE/EN-US/ PRODUCTS/ELECTRICUTILITYCABLES/RESOURCES SERVICES/ 9. PAYMENT TERMS: PAYMENT FOR INVOICES IS DUE 100% 30 DAYS AFTER INVOICE DATE. BUYER WILL PAY A SERVICE CHARGE ON ALL OVERDUE AMOUNTS AT A RATE EQUAL TO THE LESSER OF ONE AND ONE-HALF PERCENT (1.5%) PER MONTH OR THE MAXIMUM AMOUNT ALLOWABLE BY APPLICABLE LAW. PRICES QUOTED ARE EXCLUSIVE OF ANY APPLICABLE TAXES, INCLUDING SALES, USE, EXCISE, AND SIMILAR TAXES, WHICH SHALL BE THE RESPONSIBILITY OF THE BUYER. MINIMUM ORDER QUANTITY IS $500 USD. GENERAL CABLE DOES NOT PERMIT OR ACCEPT ANY RETURNS. ALL SALES ARE FINAL. TO THE EXTENT THAT BUYER HAS PLACED ANY REEL DEPOSITS WITH GENERAL CABLE, GENERAL CABLE SHALL BE ENTITLED, IN ITS SOLE DISCRETION, TO RETAIN AND OFFSET ANY OR ALL OF SUCH DEPOSITS AGAINST ANY PAST-DUE AMOUNTS OWED TO GENERAL CABLE BY BUYER UNDER THIS AGREEMENT OR ANY OTHER AGREEMENT BETWEEN THE PARTIES. 10. CREDIT: GENERAL CABLE MAY ALTER OR SUSPEND CREDIT AND/OR CHANGE CREDIT TERMS WHEN, IN ITS SOLE OPINION, THE FINANCIAL CONDITION OF BUYER WARRANTS SUCH ACTION. IN SUCH CASE, IN ADDITION TO ITS OTHER REMEDIES, GENERAL CABLE MAY: (I) REQUIRE BUYER TO MAKE CASH Quote Print Date 3/2/2018 Page 5 / 7 Terms and Conditions to follow on the last page(s). Please note any exceptions or additions Stock availability and lead times subject to change at time of order. Standard terms and conditions apply. This quote is valid for the bill of material listed. Revisions are subject to General Cable acceptance prior to order. We appreciate the opportunity to earn your business. Quote Expiration Date 3/9/2018 2978164-00 Phone Fax Email zhertzenberg@generalcable.co m - - 859-386-9753 ZACHERY HERTZENBERG Inside Sales Quote PAYMENT OR PROVIDE SECURITY ACCEPTABLE TO GENERAL CABLE, IN GENERAL CABLE'S SOLE DISCRETION, BEFORE MAKING SHIPMENT; OR (II) ACCELERATE THE DUE DATE OF PAYMENT BY BUYER. IF SUCH PAYMENT OR SECURITY IS NOT PROVIDED, GENERAL CABLE MAY SUSPEND OR REDUCE SHIPMENT AND STOP GOODS IN TRANSIT TO BUYER. WITHOUT LIMITING THE FOREGOING, BUYER'S FAILURE TO PAY ANY INVOICE WHEN DUE WILL MAKE ALL OTHER UNPAID INVOICES IMMEDIATELY DUE AND PAYABLE AND GENERAL CABLE MAY, AT ITS OPTION, CANCEL THE UNFULFILLED PORTION OF THIS AGREEMENT AND ALL OTHER CONTRACTS AND ORDERS WITH BUYER (INCLUDING OUTSTANDING QUOTATIONS TO BUYER). GENERAL CABLE MAY UTILIZE ANY OR ALL OF THESE REMEDIES IN ANY COMBINATION. GENERAL CABLE'S ACCEPTANCE OF PARTIAL PAYMENT IS NOT A WAIVER OF ANY RIGHT OF GENERAL CABLE. UPON ANY PAYMENT DEFAULT, BUYER AGREES TO PAY GENERAL CABLE ITS COSTS OF COLLECTION, INCLUDING ATTORNEYS' FEES AND COSTS. 11. FORCE MAJEURE: SHOULD GENERAL CABLE'S PERFORMANCE OF ITS OBLIGATIONS UNDER THIS AGREEMENT BE PREVENTED OR DELAYED BY AN ACT OF GOD, WAR, CIVIL INSURRECTION, FIRE, FLOOD, STORM, STRIKES, LOCKOUTS, OR BY ANY LAW, REGULATION, OR ORDER OF ANY FEDERAL, STATE, COUNTY, OR MUNICIPAL AUTHORITY, OR BY ANY OTHER CAUSE BEYOND ITS CONTROL, THEN GENERAL CABLE'S PERFORMANCE UNDER THIS AGREEMENT, TO THE EXTENT IT IS PREVENTED OR DELAYED, SHALL BE EXCUSED, AND THE DATE OF DELIVERY SHALL BE EXTENDED IN PROPORTION TO THE IMPACT OF SUCH FORCE MAJEURE EVENT. 12. LIMITATION OF LIABILITY: IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOSS OF PROFIT OR ANY COSTS OR EXPENSES INCURRED IN CONNECTION WITH THE TRANSACTIONS CONTEMPLATED HEREUNDER. GENERAL CABLE'S LIABILITY ARISING UNDER ANY PURCHASE ORDER WITH BUYER FOR THE MANUFACTURE, SALE, DELIVERY, RESALE, REPAIR, REPLACEMENT, OR USE OF ANY GOODS PURCHASED UNDER THESE CONDITIONS (OR FAILURE TO DO ANY OF THE FOREGOING) (INCLUDING LIABILITY ARISING FROM BREACH OF CONTRACT OR FROM TORT, WHETHER OR NOT GENERAL CABLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY), IN NO CASE SHALL EXCEED, ON A PER OCCURRENCE BASIS, TEN PERCENT (10%) OF THE TOTAL AMOUNT PAID HEREUNDER FOR THE GOODS INVOLVED IN THE CLAIMED BREACH,TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY AND MISREPRESENTATION) OR NON- PERFORMANCE, OR, IN THE AGREGREGATE, (10%) OF THE TOTAL AMOUNT PAID BY BUYER FOR ALL GOODS HEREUNDER. 13. NON-DISCLOSURE: DATA, DRAWINGS, SPECIFICATIONS OR OTHER TECHNICAL INFORMATION FURNISHED TO BUYER BY GENERAL CABLE PURSUANT TO THIS AGREEMENT SHALL NOT BECOME THE PROPERTY OF BUYER, SHALL ONLY BE USED BY BUYER IN FULFILLING OBLIGATIONS IMPOSED BY THIS AGREEMENT, SHALL NOT BE DUPLICATED OR DISCLOSED TO OTHERS WITHOUT GENERAL CABLE'S PRIOR CONSENT, AND SHALL NOT BE CONSTRUED AS GRANTING ANY RIGHTS WHATSOEVER UNDER ANY INTELLECTUAL PROPERTY RIGHT OF GENERAL CABLE. AT GENERAL CABLE'S REQUEST, BUYER WILL PROMPTLY RETURN TO GENERAL CABLE OR OTHERWISE DISPOSE OF ALL DRAWINGS, DATA, SPECIFICATIONS OR TECHNICAL INFORMATION WHICH BUYER HAS RECEIVED FROM GENERAL CABLE IN CONNECTION WITH THIS AGREEMENT, INCLUDING DOCUMENTS OR DATA PREPARED BY BUYER USING GENERAL CABLE'S INFORMATION. 14. NON-METAL RAW MATERIAL ESCALATION STEEL/COMPOUND Quote Print Date 3/2/2018 Page 6 / 7 Terms and Conditions to follow on the last page(s). Please note any exceptions or additions Stock availability and lead times subject to change at time of order. Standard terms and conditions apply. This quote is valid for the bill of material listed. Revisions are subject to General Cable acceptance prior to order. We appreciate the opportunity to earn your business. Quote Expiration Date 3/9/2018 2978164-00 Phone Fax Email zhertzenberg@generalcable.co m - - 859-386-9753 ZACHERY HERTZENBERG Inside Sales Quote GENERAL CABLE SHALL TO NOTIFY BUYER OF ANY PUBLISHED PRICE INCREASES FROM ITS SUPPLIERS. WHEN SUCH PRICE INCREASES OCCUR, GENERAL CABLE WILL NOTIFY THE BUYER IN ACCORDANCE WITH THE FOREGOING AND CALCULATE NEW PRICING TO TAKE EFFECT ON THE FOLLOWING MONTHS INVOICES. OTHER RAW MATERIALS AND TRANSPORTATION IN THE EVENT OF INCREASES IN COST ELEMENTS, EXCLUDING METALS, STEEL AND COMPOUND, GENERAL CABLE AND BUYER AGREE TO NEGOTIATE PRICES DURING THE CONTRACT PERIOD. THESE COSTS INCLUDE RAW MATERIAL & TRANSPORTATION. RAW MATERIAL COSTS INCLUDE, BUT ARE NOT LIMITED TO CHEMICALS, WOODEN REELS, METAL STRAND AND TAPES. GENERAL CABLE WILL PROVIDE NO LESS THAN THIRTY (30) DAYS WRITTEN NOTICE OF EACH PRICE INCREASE AND THE NEW PRICES WILL BE EFFECTIVE ON ALL INVOICES FOLLOWING SUCH THIRTY (30) DAYS NOTICE. ALL NOTIFIED CHANGES WILL BE CONSIDERED ACCEPTED BY BUYER UNLESS BUYER OBJECTS IN WRITING BEFORE THE NEW PRICE EFFECTIVE DATE. IN THE UNLIKELY EVENT THE PARTIES CANNOT AGREE ON A PRICE ADJUSTMENT WITHIN FIFTEEN (15) DAYS AFTER THE EFFECTIVE DATE, GENERAL CABLE MAY ELECT, AT ITS DISCRETION, TO PROCEED WITH PERFORMANCE OF ANY ORDER AT UNADJUSTED PRICES OR TO TERMINATE SUCH ORDER UPON WRITTEN NOTICE TO BUYER. IN THE CASE OF ANY SUCH TERMINATION, BUYER AGREES TO PURCHASE ANY RAW MATERIAL PURCHASED OR PRODUCTS PROCESSED OR MANUFACTURED IN WHO OR PART BY GENERAL CABLE IN RELIANCE ON THE PERTINENT ORDER WHICH CANNOT BE READILY REALLOCATED TO OTHER BUSINESS OF GENERAL CABLE AT THE UNADJUSTED PRICES. 15. INCORPORATION OF TERMS AND CONDITIONS THE GENERAL CABLE TERMS AND CONDITION OF SALE, AVAILABLE AT HTTP://WWW.GENERALCABLE.COM/GENERALCABLE/EN-US /COMPANY/TERMANDCONDITION/ SHALL BE APPLICABLE TO ALL PURCHASES MADE PURSUANT HERETO, AND ARE EXPRESSLY SET FORTH HEREIN AND THE GENERAL CABLE TERMS AND CONDITIONS OF SALE, THE LANGUAGE SET FORTH HEREIN SHALL CONTROL. Quote Print Date 3/2/2018 Page 7 / 7 Terms and Conditions to follow on the last page(s). Please note any exceptions or additions Stock availability and lead times subject to change at time of order. Standard terms and conditions apply. This quote is valid for the bill of material listed. Revisions are subject to General Cable acceptance prior to order. We appreciate the opportunity to earn your business. Quote Expiration Date 3/9/2018 2978164-00 Phone Fax Email zhertzenberg@generalcable.co m - - 859-386-9753 ZACHERY HERTZENBERG Inside Sales Quote