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HomeMy WebLinkAbout114178 DELL MARKETING - PURCHASE ORDER - 2208538Date: 12/16/02 City of Fort Collins Page Number: 1 of 1 City of Fort Collins Purchase Order Number: 2208538 DeuveryDats: iulaiuz Buyer: HUME,JAMES Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence. noze: Line Qty/Units Description Extended Price 1 Other Commodities Dell computer #E002440836 Total City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $2000 unless signed by James B. O'Neill II, CPPO, FNIGP City of Fort Collins Purchasing, PO Box 580, Fort Collins, CO 80522.0580 Phone: 970.221.6776 Fax: 970-221.6707 Email: info@ci.fort-colllns.co.us 1,682.88 1,682.88 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 1. COMMERCIAL DETAILS. Invoice Address. To ensure prompt Payment mail invoices in duplicate to. City of For Collins Accounting Division P.O, Box 580 Font Collins, CO 80522 Tax exemptions, By memo the City of Fort Collins is mempt from ante and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Cmificate of Regiary 84-6000587 is registered with the Collector of Internal Revenue Dover, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Gaols Rejected. GOODS RIDECTED due to failure rareness specifications, either when shipped in due to defects of damage in trewit mry, be rcumed to yen for credit and arc not to No r,I.d.11 upon receipt of won. inaboatioru from the City of Fort Collins. Impectim. GOODS arc subject to the City of Fort Collins inspection m arrival. Final Aaeptmce. ]tempt ofthe merchandise services or equipment in onponse in this order can result in mNosism payment an me par of the City of Fort Collins. However, it is to be underrtand that FINAL ACCEPTANCE is dependent upon completim of all applicable requited inspection procedures. Freight Toms. Shipments main be F.0 B., City of Fort Collins, 000 Wood St., Fat Collins, CO 80522, roles otherwise specified onthisorder. If permission is given to prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges fen poking will not be accepted. Shipment Distance. Whets mmuf emons have distributing points in various Tracts of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice who shipments arc made from Room distance. Perms. Sella shall praure at sellers sole cost all necessary pamirs, certificates and licenses required by all applicable laws, regulations, ordinances and new ofthe stake, municipality, Tommy or political subdivision where the work is performed, or required by my other duly mntimted public memory havingjurisdiaion over the work of vmden Sella further Wen to hold the City of Fort Collins harmless From and agaires[ all liability and Ions incurred by diem by room of an warted in established violation of my such laws, regulations, ordinances, rates and requirements. Authorization All parties to this contract agree that me representatives arc, in fact, bona fide and possess full and complete mtharity to bind said parties. LIMITATION OF TERMS, This Pumhwe Order expsely hours acceptance an the term and cmdifiens need herein sec term and my supplementary or additional team and conditions manned hereto or incorporated herein by refcmce. Any additional or different tome and cmdtions proposed by seller are objected to and boreby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannon make complete shipment to Move ce your praniod delivery doe as noted. Time is ofthe essence. Delivery and performance mwt be effxnal within the time asset on the purchase order and the deuterium attached hereto. No sees of the Pumhasers including, without limitation, acceptance ofpardal lax deliveries, shall operate w a waive of ibis province. In the event of my delay, the Purchaser shall have, in addition w new legal and equitable remedies, thc option of placing this coda elsewhere and holding the Sella liable for damages. However, the Sella shall not be liable for damages as a result of delays due an waso not reamnably Intuitable which are beyond in reasonable control and without in fault of negligence, such acts of God. eta of civil or military authorities, governments] priorities, fires, strikes, flood epidemics, wan or clots provided door notice of the condition causing such dlay is given to the Purchaser within five (5) days ofthe ,into when the Sella fiat received knowledge thereof ba the event of my such delay, the date of delivery shall be wended for the period egml to the tune actually tort by reason of the delay. 3. WARRANTY. The Sella winnow than all goods, articles, materials and work covered by this order will conform with applicable drawings, apeafimww. sample, andta rimer desaiptiam given, will he 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 noure. The Sella agrees to hold the pachasor harmless, from my lass, damage or experes which me Purchaser may suffer or incur on attount ofthe Sellers breach mammary. The Sella shall replace, repair or make good without cot to the purchwa, my defects or faults arising within me (I) year or within such longa period of time a may be prescribed by law, or by the terms of my applicable warrmty provided by the Sella alter the date of acceptance of the goods funished harm miler (acceptance not in be suttswonably delayed), resulting from imperfect or dfective work time or examines furnished by the Sella. Acceptance or we of goods by me Purchaser shall non common, a aver of my claim coda this warranty. Except w otherwise provided in this purchase order, the Sellers liability heseander shall more to all damages proximately caused by the breach of my of the foregoing wartmtin es guarantees, but such liability shall in no evmt include loss ofpmfito or loss of use. NO IvIPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make change, no legal tams by wriam change order. 5. CHANGES INCOMMERCIAL TERMS. The Pachasar may make my cbmga to she scene, rimer dun legal terms, including addition to or delaions from the qumtities originally ordered in the specifications or drawings, by verbal or written change order, If my such change off" me mount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser ouy at my time by wanton change coda, terminate this agreement as to my or all pounces of me goods men not shipped, subject to my equitable adjustment between the parties at to my work re materials men in Foliose Provided met the Purchaser shall not be liable fen any claims fen anticipated prefim on the uncanplared portion ofthe goods and/or work, far incidental a memories] damage, and that no such adjustment be mad in favor ofthe Sella with respect to my goods which are the Sellers standard stack. No such nomination shall relieve the Purchaser or the Sella of my of their obligations as to any goods delivered hereunder. T. CLAIMS FOR ADEISTMENT. Any claim for most t be mated within thirty (30) mys from the due me change or tenrdnation is adored. 8. COMPLIANCE WITH LAW. The Sella warrants that all goods sold hereunder shall have been produced, sold delivered and famished in stria compliance with all applicable laws and ingenious W which the goods are subject. The Sella shall execute and deliver, such documents as maybe required in effect in evidence compliance. All laws and regulations required to be incorpomed in sparrow of this chumter arc hereby incorporated herein by this reference. The Sell. agrees to indemnify and hold the Purchwer hareess from all trots and dmages suffered by the Purchaser as a result of me Seller failure to comply with such Lass. 9. ASSIGNMENT. Neither patty shall resign, transfm a comas this order, or my monies due or to become due hamnder without me poor written consent ofthe other pity. 10. TITLE_ The Sella warrants fug, clear and unrouieted title,. the Purchaser for all equipment, materials, and new famished in performance of this agreement, free and clear of any and all has, restrictions, reservations, sonority interat erscumbsnces and claims of others. ❑. NONWAWER. Failure of the Formosa, to insist upon stria performance of in, mesons and conditions hereof, failure or delay m exercise any rights or remedies provided herein or by law, failure to Promptly notify the Sella in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Sella of any of the warm cries or obligations of Nis purchase meet and shall net be deemed a waiver of any right of the purchaser to insist upon strict performance hereof or my of its rights or remedies as to my such goods, regardless of who shipper received er accepted, an to my poor or subsequent default hommums, non shall my puTorted oral modificatim or rescission of this purchase order by the Purchaser operate as a waiver of my of the terms hereof 12. ASSIGNMENT OF ANTITRUST CLAEHS- Sella and she Purchaser recognize that in actual amomic practice, overcharges restating from antivutt violations arc in fact bane by the Function. Thanstom, tar good cease and as camldenfim fen exaudng this purchase order. the Sella hereby asegres na the Purchaser my and all claim it may now have or heaefter acquired ender falcon or state mfitrast laws for such overcharge relating to the particular goods or services purchased or acquired by me Purchaser putuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser dirmes the Sella to correct noncceforming or defective goods by a doe to be agreed upon by the Purchaser and the Sella, and the Seller thereafter indicates its inability, or unwillingness to comply, the Purchaser may cause the work no be performed by the most expeditious mews available to it, and me Sella shall pay all cesu anceiated with such work. The Sella shall release the Purchaser and its contractors of my no from all liability and claims of my noure resulting from me performance of such work. This release shall apply even in the cent of fault of m,, igam ofthe poly oriented and shall extend to the dramas officers and employers of such party. The Sellers cmtrame obligations, including warranty, shall not be deemed to be reduced, in my way, became mch work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Sella is required to we my design, device, material or process a avaed by [am, parent, trademark or copyright, me Sella shall indemnify and save harmless the Purel wer from my and all claims for infringement by mum ofthe use of such patented design, defies, material or process in connection with the contract, and shall indemnify the Purchase fen my cost, expense or damage which it may be obliged to pay by reason of such infringement a my time during the prosecution or after the completion of me work. In case said equipment, or my pat thereof or the intended me of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, em its awn expense and s its opium, athes procure for me Protester the right to continue using said equipment on pans, replace the same with substantially equal but non -infringing equipment, or modify it so it bemmen non -infringing. 15. INSOLVENCY. If the Sella shall become nectar or twi tipt, make an assignment for the benefit of aediton, appoint a receiver or trustee fen my of the Sellers property or bovine e, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of team used or the interpretation of the agreement and the rights of all partin harmnder shall be consumed ender and governed by the laws of the State of Colorado, USA. The following Additional Condifions apply only in coon where the Sella is to perform work hereunder, including the services of Sellers Rapowentative(s), on the Promisee of others. IZ SELLERS RESPONSIBILITY. The Sella shall carry on said work a Sellers awn risk unfit the same is fully completed and accepted and shall, in case of my accident, destruction or injury to the work and/or memorials before Seller's final completion and acceptance, complete the work at Sellers own expense and to the satisfstion of the Purchwa. When materials and equipment are fiunished by omen for waralluum or maim by the Seller, the Sella shall receive, unload, am and handle same a the site and become responsible therefor as though such materials and/or equipment were being fumished by the Sella under the order.' I8. INSURANCE. The Sella sbAL at his own expense, Proved for the payment of workers compensation, including occupational disease benefits, to its employes employed m or in coomarion with the work covered by this purchase order, and. to their dependmes in accordance with the laws of the state in which me work is m be done. The Sella shall also mry comprehensive gmeml liability including, but net limited to, mouactual and commobile public liability inawance with bodily injury and loth limits of a least S30o,00o for my me poem, 8500,000 for my me accident and property damage limit per accident of S400,000. The Seller shall likewise ragere his contractors, if my, to provide for each maximum. and an.., Before my of the Seller or his cono-mtors employers shall do any work upon the premises of others, the Sella shall famish the Purchases with a certifimx ono such compesmsim and insurance have been provided Such catificses shall specify the date when such compemaim and insurance have berm provided. Such anifiestes shall specify the due when such compensation and iwosnce expires. The Sella aloes that such compensation and insurance shall be maintained unfit after the mum work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes me entire responsibility and liability for my and all damage, loss or injury of my kind at. whamoever to penone or property cased by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Sella will indemnify and bold barmless the Purchaser and my or all ofthe Purchasers offices, agents and employee From and against my and all claims, lasses, damages, charges or expenses, whether direst or indirect, and whether so perms or Property to which ran Precision may be pat or subject by reason of my act, action, neglaL omission or default m me part of the Sella, any ofhia comactms, or my ofthe Sellers or contractors officer, suarm or employees. In rase my mit ex rimer proceedings shall In brought again[ the Purchaser, or its offices, agents or employees a any time on secomt or by reason of my era, ration, neglect, omission or default of me Sella of my ofhis contractors M my of its or their officers, agents a employees as aforesaid me Sells hereby agrees to assume the defense thereof and to defend the come a me Sell. own espouse, e, pay my and all msm, charges, ummrys fees and atha winners, my and all judgmme that they be incurred by or obtained against the Purchase, or any of its 1thal odicen, square as employees N such -its -rimer prmcediago, and in ewe judgment or ema lien be placed upon or obtained against the property of the Pmchesa, in said parties in or a a result of such suits or other proceedings, the Sella will ak once cause the sane to be dissolved and di-hargal by giving bond or otherwise. The Sella and his consumes shall take all safety pemi firm, famish and install all guards necessary for the prevention of mcidenb, comply with all Iawe and regulations with regard to safety including, but without limitation, me Occupational Safety and Health Act of 1970 and all ren and regulations issued pusumt merao. Revised 11/9