Loading...
HomeMy WebLinkAbout111572 WESTERN UNITED ELECTRIC SUPPLY - PURCHASE ORDER - 9141453F6rtCity0f Collins PURCHASE ORDER PO Number Page 9141453 1 of 2 This number must appear on all invoices, packing slips and labels. Date: 03/27/2014 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: 03/07/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 6753-7944 100 EA 244.5000 24,450.00 splice for 750MCM al cable SPLICE, 15KV, 600 AMP. WITH REJACKETING SLEEVE, FOR 750KCM AL JACKETED URD CABLE, INSULATED OD 1.29"-2.0" 3M, 5418A-750-AL: 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 $24,450.00 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 Fort 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 Statutes 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in authorized payment on the part of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requirements. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on you promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser 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 are beyond its reasonable control and without its fault of negligence, such acts of God, acts of civil or military authorities, governmental priorities, fires, strikes, 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 thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards 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 or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods 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 of 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 terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date 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 furnished in strict compliance with all applicable laws and regulations 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 suffered 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 any monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods 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 expeditious means available to it, and the Seller shall pay all costs 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 Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser 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 part thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or part 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 parts, replace the same with substantially equal but nor infringing equipment, or modify it so it becomes noninfiinging. 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 property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the rights of all parties hereunder 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 hereunder, including the services of Sellers Representative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for 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 and/or equipment were being furnished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least $300,000 for any one person, $500,000 for any one accident and property damage limit per accident of $400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall furnish the Purchaser with a certificate that such compensation and 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 expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind or nature whatsoever to persons or property 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 the 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 Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the part of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason 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 as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same 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 against the Purchaser or any of its or their 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 parties in or as a result of such suits or other proceedings, the 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 precautions, furnish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant thereto. Revised 03/2010 PURCHASE ORDER PO 141453r Page City of PURCHASE 9141453 ' of z Flirt Chis number must appear /_^!'`�—J`-' Collins1 1 on all invoices, packing sli s and labels. Date: 03/07/2014 Vendor: 111572 WESTERN UNITED ELECTRIC SUPPLY 100 BROMLEY BUSINESS PKWY BRIGHTON CO 80603 Ship To: UTILITY SERVICE CENTER - WA CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 03/07/2014 Buver: PAT JOHNSON Note: VENDORS: Western United Electric Winlectric Graybar Wesco / KVAStuart Irby CED Last order: 5/1/2013; Wesco; po9132587 Line Description Quantity UOM Unit Price Extended Ordered Price 1 6753-7944 splice for 750MCM al cable 100 EA 244.5000 24,450.00 SPLICE, 15KV, 600 AMP. WITH REJACKETING SLEEVE, FOR 750KCM AL JACKETED URD CABLE, INSULATED OD 1.29"-2.0" 5418A- 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.00m 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 Fort Collins is exempt tram state and local mxm. On Exemption Number is 98-04502. Federal Excise Tax Exempuoa Cegnficate of Registry M-6o0058T is registered with the Collector of Internal Revenue, Deaver, Colorado (Ref. Colorado Revised Scatter 1973, Chapter 39-26,114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped in due to defects of damage in transit, may be obtained to you for credit and are not to be neplaced except upon receipt of walnut instructions from the City of Fort Collins. Inspection. GOODS arc subject or the City of Fort Collins inspection on arrival. Final Accepmnla. Receipt of the merchman lose, ser,Areat or equipment in response to Nis order rat result in authorized payment on the pan of the City of Fog Collins. However, it is to be understood rbut r FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight T'cnns. Shipments most be HOB., City of Fort Collins, 700 Wood So, Fog Collins, CO 80522, unless Otherwise specified on this Aide,. If permission is given to prepay freight and charge separately, the original freight bill must accompany invoi c, Additional charges for packing will not be accepted. Shipment Distance Where manufacturers have distributing palms in various pans of the country, shipment is expected from the nearest disddbution paint to diunnabon, and excess freight will be doducted from Invoice when shipments art made from greats, distance. Perlts. Seller shall procure at sellers sale cost all necessary pmnis, certificates and he ses quirts by all Applicable laws, regulations, ordinances And tales of the scale, municipaliry, territory or political mbdivision where the work is performed, or required by any other duly constituted public Amount, having jurisdiction ova the work of vendor. Seller Lumber agree to hold the City of Fort Collins hmmless from and against all liability and loss incurred by them by reason of an assured or established violation of any such laws, regulations, ordinances, rates And negdrements. Authorization. All pagia to this comma s%me that the oTrevenmines me, in fact, brut fide and possess full and complete authoriry in bind said parries. LIMITATION OF TERMS. This Purchase Order expressly limits Acceptance m the terns and conditions traded heroin set fogh And any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or diltcren terms and conditions proposed by seller Are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date os noted Time is of fe essanw. Delivery and pafrmanee most be effected within the time stated on the purchase order and the documents attached hereto. No era. of the Purchasers including, without limitation, Aeccpumee of pagial late deliveries, shall operate As a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition Writhe, legal and equitable remedies, the option of placing this order elsewhere atd holding the Seller liable for damages. Howeveq the Seller shall not be liable for dmmuga as A moth of delays due to causes not reasonably forceable which are beyond its reasonable control and without as fault of vegligene, such acts ofGw, acts of civil o, trubcary i udmnues, go.catil prionries, fins, antes, flood, epidemic, wars., dots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of tbe time when do Seller fro received knowledge flcrovE In the event of any such delay, do date of delivery shall be extended for the period output An the time actually lost by reason of the delay. 3. WARRANTY. The Sella wmranrs that all goat article, materials and work covered by this order will confor with applicable drawings, specifcmiom, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted sandmds for work of a 'mils nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach i f wormy. The Seller shall replace, repair or make good, without call m the purchase, any de&c. or faults adding within one (1) year rwithin such longer period of time as miry be pr a,ribed by law or by the toms of any Applicable worr.mty provided by fie Seller after the tan Of eceptance or the goods famished hereunder (acceptance not to be unreasnnably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance Or use of goods 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 of any of the foregoing warranties or guarantees, but such liability shall in no went include loss of profits or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TER615. The Purchaser may make changes b legal terms by waned change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal Isms, including additions to or delellms from Ibe q..fill. originally ordered in the specification or drawings, by verbal or written change order. If any such change.Rheas the ama.., due or the time ofacrilmo arm, henutale,, An equiable sdjustment shall be made. 6. TERMINATIONS. The Purchaser may An any time by women change order, terminate this agreement As to any or all portions of the goods then not shipped, subject in any egnimble Adjustment between the panics As to any work or matmals then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompined portain ofthe god, am U., work, for incidental Or camarp emial damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such mrimation shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. q. CLAIMS FOR ADJUSTMENT. Any claim for Adjustment must be woo ed within Rig, (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warnts that all goods sold la re .der shall have been produced, sold, delivered and finished in strict compliance with all applicable Inds and regulations An which the goods Are mbjet. The Sella shall execute and deliver such document, as maybe required to ellem or evidence compl'unce. All laws and regulations required ta be incorporated in agreements of this chummier are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hatless firm all costs call damages suffered by the Purchaser As a resull of the Sellers failure to comply with such how. 9. ASSIGNMENT. Neither party shall assign, Amster, or convey this order, or any monies due or to become due hereoda without the prior written consent of the other parry. 10. 1'11'LE. The Seller warns full, clear And unrestricted title to the Purchaser for all equipment, materials, and items famished in perfomdance or this agreement, free and clear of any and .11 lien, restricliona, rservations, securiry interest encumbrances and claims ofmhers. 11. NONWAIVER. Failure of the Purchaser to insist upon strict peformnce of the terns and conditions hereof, failure or delay in cammila any rights or remedies provided herein or by law, failure to promptly Amity the Seller in the event of a breach, the acceptance orm payment fro goods hereunder or approval offc design, shall not release the Seller of any of fine warrantia or obligations of this purchase order and shall not be deemed a waiver of my right of the Purchaser to insist upon prim performance target any of its rights or remedies as As any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereuMer, nor shall any puryoged And mndification or rescission of this purchase order by the Pumhaur operate As a waiver of any of the temp hereof. IZ ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in Acton anis practice, overcharges resulting from antitrust violations arc in fact home by the Purchaser. Theretofore, for good came and As consideration for executing this parchau order, the Seller hereby assigns to the Purchaser any and All claims it may now have or hereafter acquired under federal or state antitrust laws for such overcharges relating m the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser discus the Seller to correct nonconforming err deRctivc 6nodi by A date m be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness or comply, the Purchaser may cause the work to be Performed by the moss uge daimes mean available m it, and the Sella shall pay all cos. Associated with such work. The Sella shall release the Purchaser and its mntmmors of any at, from all liability and claims of any nature resulting from the performance afsuch work. This release shall apply even in the event of fault of nedigene of the posy releuW and shall catcall to the directors officers and employees ofruch parry. The Sellers contractual obligations, including warranty, shall not be deemed An be reduced, in my way, because such work is performed or caused to be prolonged by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, ....aerial or process covered by letter, paten, trademark or copyright, flu, Seller shall indemnify and save h agical the Pnrchmer from any and all claims for infringement by rcnssm of tls use of such premed design, device, materlAl or process in connection with the contract and shill indemnify the Purchaser for any cost, expense or &image which it may be Oblige to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said cquipmem, 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 Pam is enjoined, the Sella shall, at its own expense and At its oprlon, either income for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but mainfringing equipment, or modify it so it becomes rmninfringing. 15. INSOLVENCY. If the Seiler shall become insAhem or bmJnp . rake an assignmeut for the benefir of creditors, appoint a receiver or mstce for any of dw Sellers property or business, this alder may foMwith be canceled by the Pmchaaer without liability. 16. GOVERNING LAW. The definitions oFit. used or the interpretation i f the agreement And the rights of all parties hereunder shall be comhued under and goweared by the laws ofthe State afCalomdo, USA. The following Additional Conditions apply only in cases where the Sella is to perform work hereunder, including the smiritts Of Sellers Rep eounia ve(s), on the premises ofodhcr. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's Own risk until the same is fully completed and accepted, and shall, in u of any accident, destruction or injury to the work and/or mammals before Seller's final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When nmtmals and equipment are furnished by others for instillation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and became responsible therefor as though such mmeriak anNor equipment were being famished by the Sella under the order. 18. INSURANCE. The Seller shall, at has. expense, provide for the paMom of workers compcnaotion, including occ q ationd disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependenoi in accordance with the laws of the sate in which the wok is to be done. The Sell= shall also carry comprehensive general liability including, but not limited An, contactual And automobile public liability, insurance with bodily injury and dwth limits Afro least S300.000 for any one person, 5500.000 For any one accident end property damage limit per Accidem of S400.000. The Seller shall likewise quire his commatots, harry, to provide for such compensation and insurance. Before any of the Sellers in his contactors employces shall do my work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided, Such mgificates shall specify the date when such compensation and insurance have been provided. Such ceffficates shall specify the date when such compensation and insurance expires. The Seller agrees that such compenmtion and insurance shall be maintained until Age, be entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. no Seller hereby assumes the entire responsibility And Liability for Any and all damage, lass o, injury of any kind or nature whatsoever m persons or property caused by or resulting from the execution of the work provided for in this purthnu order or in connection herewith The Seller will indemnify and hold harmless the Purchaser and any r all of the Purchaser, oMi .,,all and employees from and tumart any And all claims, losses, damages, charges or expenses, whether direct or indirect, and whetber to persons or property to which the Purchaser may be put or subject by reason of any set action, neglect, omission or default on the pm of the Seller, any of his contractors, or any of the Sellers or contractors offices, agents or employees. In case any suit or other proceedings shall be brought against the Purchsser, or its officers, agents or employees at my time on account or by mzun of my act Anion, neglect, omission or default of the Seller of my of his contractors or any of its or their officers, agents or employees As aforesaid, the Sella hereby agrees to Assume the defense thereof anal to defend the same as the Sellers own expense, to pay my And all cn., charges, Attorneys fees and other eapensea, any And all judgmenm dual may he incm,ed by or obaiaud Against fe Purchaser or my of its or then officers, agents or employees in such suits no other poceedings, and in case judgment or other lien be placed upon or Obtained against the property ofthe Ptochaser, or said parries in or us a runt of such mars or other proceedings, the Seller will at once cause the same to be dissolved and diuharged by giving bond or otherwise. The Seller and his contractors shill mile all safety precautions, furnish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rates and regulations issued pursuant thereto. Revised 03R010