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HomeMy WebLinkAbout114178 DELL MARKETING - PURCHASE ORDER - 2208543ANSAWAIN City of Fort Collins CyfoF° Page Number: 1 of 1 Date: 12/16/02 Purchase Order Number: 2208543 Delivery Date: 12/13/02 Buyer; HUME,JAMES Purchase Order number must appear on invoices, packing lists, labels, bills'of lading, and all correspondence. Note: Line Qty/Units Description Extended Price Dell laptop per E-quote Total 1,825.22 1,825.22 City of Fort Collins Director of Purchasing and Risk Management City of Fort Collins This order is not valid over $2000 unless signed by James B. O'Neill II, CPPO, FNIGP Accounting Department City of Fort Collins Purchasing, PO Box 580, Fort Collins, CO 80522-0580 PO Box 580 Phone: 970.221-6776 Fax: 970.221.6707 Email: info@ci.fort-collins.co.us Fort Collins, CO 80522-0580 f L COMMERCIAL DETAILS. Invoice Address. To start Prompt Payment mail invoices in duplicate to'. City of Fort Collins Accounting Division P.O. Box 590 Fort Collins, CO 80522 Tu me rims. Byscetute the atyof Fort Collins is exemptfrom state and local twee. Om Exemption Number is 98- 1502. Federal Excise Tax Exemption Certificate ofAcgistry M-6000587 is registered with the Collector of Internal Rm mue, Deaver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to mxt specifications, either when shipped or due to defects of damage In transit, may l%Mounted in you for credit and are mat in be replaced except upon newipt of written instructions from the City of FM Collins. Inspection. GOODS are subject in fie City of Pon Collins inspection on arrival. Flat Aecepmrce Receipt ofthe, merchandise, services or equipment in response to this order can result in muhmf nd payment an the part of die City of Fort Collins. However, it is in be undaraod that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection Procedures. Freight Terms. Shipments must he P.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless otherwise specified on thin 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 pars of the meet , shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments ere made from greater distance. Permits. Sella shall lar. a sell. sole tort all necessary permits, canificatcs and licenace required by all applicable laws, regulatimw, ordinances and rules of the state, municipality, territory in political subdivision where the work is performd, or required by my other duly cmutiwted public authority having jurisdiction over the wmk of vendor. Sella fnher agrees to hold the City of Fort Collins harmless from and against ail liability and loss ncurred by them by reason of an asserted or established violation of my such laws, regulations, ordinances, tales and requiremms. Authorization. All pants in this contract agree that the representativa arc, in fact, boa fide and possess full and complete authority to bind said patties. WMITATION OF TERMS. This Purchase Order expressly limits zccepmce to the toms and conditime stated herein set fmth and my supplementary or additional terns and conditions annexed hereto or inwrymuted herein by ref ce. Any additional or different terns and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you mnam make complete shipment to arrive on your Pmnixd delivery date as n.led Time is ofthe ssence. Delivery and performance net be effected within the time sound on the patches order and the documents attached hereto. No rocs of the Purchases including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this Provision. In the event of my delay, the Pusclaw r shell have, in addition to ohm legul and equitable remedies, the option of placing this soda elsewhere and holding the Sella liable for damages. Howeva, the Sella shall rim tic liable for damages as a result of delays due m muss not reasonably fmsaable which arc beyond is reasonable control and without is fault ofmilligerce, such men of God, rocs of civil or military authori is, gmemmmtal Priorities, fires, strikes, flood, epidemics, was or new Provided diet notice ofth, conditios causing such delay is given m the Purchaser within five (5) days of the time when the Sella first received knowledge thereof In the event of my such delay, the date of delivery shall be extended for the period equal to the time actually lust by reason of the delay. 3, WARRANTY, The Sella warmms that ell goods, articles, materials and work covered by this mdm will confirm with applicable drawings, spaificatims, sampls and/or odser descriptions given, will be fit fen the purpose intended, and performed with the highest degree of care and comments, is accordance with aceeptcd sondards for work of a similar nature. The Sella same in hold the purchaur bafmleu from my less, damage Or expense which the Pundwer may suffer or incor on account ofthe, Sellers breach of warranty. The Sella shall replete, repair or make good, without cost to the pachaser, any defers or faults arising within me (1) year Or within such longer period of time as may be prscribM by law or by the tams of my applicable warranty provided by the Seller after the date of wceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defavve work done or materials furnished by the Sella. Acceptmroe or we of goods by the Purchases shall non constitute a waiver of my claim soda this wanmty. Except as othawise Provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximarely caused by the breach of any of the foregoing warranties or guarmses, but such liability shall in no event include Its of Irwin or Iwo of use. NO Ifs1PLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchwa may make chmgs to legal terms by written change order. 5. CHANGES IN COMMERCAN. TERMS. The Purchase on, .it. any charges to the tams, othor than legal tarns, including addificas to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or wnttm charge order. If my such charge offal the amount due or the time of performance hereunder, an equitable adjustment shall Ito made. 6. TERMINATIONS. The Poomwermay at any fire. by written charge soda, terminate this agreement as to any or all portion ofthe goods then not shipped, subject in my equitable m¢wmrent between the Faris as in my work a materials Two in progress provided that the Purchaser shall no be liable for my claims for anticipated profits on the uncompleted portion ofthe goods and/or work, for incidence] or wwequenfiai damages, and thin no such adjustment be made in favor ofthe Sella with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Furchwer or the Sella of my of their obligations as to my goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. A, claim for adjument net be wsereel within thirty (30) days from the date the change Or mandaretim is ordered. g. COMPLIANCE WITH LAW. The Sella warrants that all gods sold hereander shall have been produced, sold, delivered and fmisbal in strict comphana with all applicable laws and regulations to which the goods are subject. The Sena shall execute and deliver such dmumens as maybe required in &at or evidence compliance. All laws and regulations required in be inwrymated in spectrums of this character are hereby misprinted herein by this ref ce. The Seller apes To indemnify and hold the Purchaser harmless from all was and damagee suffered by the Purchwer as a remit of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party aball assign, waster, or convey this order, Or my minis due or to become due hereunder withmt the Prior written consent of the other party. 10. TITLE. The Sella warrants full, dear and unrtsMoned title to the Pochses for all equipment, Mideast', and items furnished in per trance of this agreement, free and clear of any and all has, ratrimmu, reaavnfince, security interest encumbrances and claims of others. 11, NONWAIVER. Failure of the Purchases to insist upon strict peril.. of the terms and conditions hereof, failure or delay m exercise my 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 in approval of she design, shall not release the Sella 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 brood or any of is rights or remedies as to my such goods, regardleas ofwhm shipped, received in accepted, as to any prim or subsequent default hereunder, nor shall my puryoned oral modifiention or rescission of this purchase order by the Purchaser operate as a waiver of my of the Owns hamf 12. ASSIGNMENT OF ANTITRUST CLAIMS. Sella and the Parch. omognies that in actual economic practice, ovemhmges resulting from antitrust violations are in fact home by the Purchma. Thvaofore, for good cause and a consideration for executing this pmehass Order, the Sella hereby assigm to the Pumbaser any and all claim it may now have orhemxflor acquired under federal or state mtiuust laws her such overcharges relating m the particular goods or services purchased or acquired by the Purchava pursuant to this purchase order, 13, PURCBASERS PERFORMANCE OF SELLERS OBLIGATIONS, Ifthe Pwchmw direct the Sella to correct nonconfmrdng or defective grads by a date to be agreed upon by the Pwchwer and the Seller, and the Seller thaaaRer indicates is inability of unwillingness to comply. the Purchase may cause the work in be performed by the mot expeditious means available to it, and the Sella shall pay all cat associated with such work. The Sella shall release the Purchaser and is contrmmrs of any tier from all liability and claims of my nature resulting from the performance of such work. This release shall apply evm in the event of fault ofnegligence ofthe party, released adsbaR extent to the dircenm, officers and employes of such party. The Seller's contranual obligations, including warranty, shall non be demand in be reduced, in my way, beaus, such work is perfomred or muam to be performed by the Purchaser. 14. PATENTS. Whenever the Sella is required muse any design, device, material or Process covered by later, patent, trademark or copyright, the Selltt shall indemnify and save hours. the Purchases from any and nil 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 a any time during the prosecution or after she completion of the work. In cue said equipment or my pan thereof or the intended use of the goods, is in such suit held in consdmte infringement and the me of said equipment or pan is wjoind, the Sella shell, at is own express and a is option, either procure fa the Purch u e the right to continue using said equipment w parts, inflate the same with substantially equal but non -infringing equipment, or modify it so it become non -infringing. 15. INSOLVENCY. If the Seller shall become insolvent Or bankrupt, make an assignment for the benefit of aeditme, appoint a receiver or trusla for any ofthe Sellers Property Or business, this order may forthwith be canceled by the Purchua 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 cowtmed under and governed by the laws of the State of Colorado, USA. The fallowing Additional Conditions apply Only in cue where the Sella is to perform work hesander, including the services of Sellers Re u esentesive(s), On the premiss of others. 17. SELLERS RESPONSIBILITY. The Sella shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in ewe of any accident, destruction or injury to the work and/or mammals before Seller's final completion and acceptance, complete die work a Sellers own expose and to the satisfaction of the Franchises. When success and equipment are fiunuhed by others for installation or erection by the Sella, the Sella shall receive, natural, seas and handle same a the site and become responsible therefor as though such materiels and/or equipment were being furnished by the Sella under the order. 18 INSURANCE. - Lee Sella shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefrs, to is employes employed on Or in connection with the wank covered by this parchass under, and/or to their dependents in mcordmce with the laws of the state in which the work is to he time. The Sella shall also tarty comprehensive general liability including, but not limited to, marractunl and automobile public liability insurance with bodily injury and deab limits of a lean S300,o0o fen my one poser, S500,o00 for my me maiden and proper, damage limit per accident of I400,Wat. The Sella shall likewise require his mrateams, if my, m Provide for such compensation and insurance. Before my of the Sellers or his contractors employers shall do my work upon the premise nitrites, the Sella shall famish the Purchaser with a anifiste that such ompmsaion and insurance have been provided. Such c rtificams shall specify the doe when such compensation and insurance have been Provided. Such certificates shall specify the date when such compensation and inswmce expires. The Sella agree that such compensation and insurance shall be maintained mall after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES, The Seller hereby assumes the more responsibility and liability for my and all damage, loss or injury of my kind or nature whatsoever to persona or property warned by or resulting fiom the execution of the work provided for in this purchase order or in connection herewith. no Seller will indemnify erul hold harw tha rulee Purel osand my or all ofthe Purchases officer, agars and employees from and againt my ant all claims, loam, 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 my act, mtian, neglect, omiwion or default on the pm of the Seller, my of his cansecwn, Or my ofthe Sellers or conaaaoo officers, agents or employees. In case my suit or shot proceedings shall be brought agame the Purchases, M its officers, aged in employees w my time m account or by reason of my cot, action, neglect, omisamn Or default ofthe Sella of my ofbis cOntrmtos re my of is in their officers, agars or employes as aforesaid, the Sella hereby agnme to assume the defense therof and to defend the same at the Sell. can expense, to pay my and all toss, charges, morneys law and other expenses, my and all judgments; that may be incurred by or obtained against the Purchaser or my of its or their officers, agents or employees in such suits or after proceedings, and in case judgment or other line be pieced upon Or obtained so= the Property of the Purchaser, or said parties in or as a result of such suits Or other Proceedings, the Sella will m Once cause the same in be diwolved and discharged by giving bond Or otherwise, The Sella and his conumtore shall take all safety, Fresutiom, fornish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, ben without limited=, the Occupational Safety and Health Am of 1970 and all rule and regulations issued pursuant thereon. Revisal 11/9