HomeMy WebLinkAbout114178 DELL MARKETING - PURCHASE ORDER - 2208581 (2)Date: 12/17/02
City of For, Collins
Page Number: 1 of 1
City of Fort Collins
Purchase Order Number: 2208581
Delivery Date: 12/17/02 gayer: 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
1 1 lot 2 - per a -quote #002452496 2,793.26
2 1 lot 1 - per a -quote #002452496 2,305.68
3 1 lot 1 - per a -quote #002452496 629.10
Total 5,728.04
This order is rWhalid over $2000 unless signed by James B. O'Neill Il, CPPO, FNIGP City of Fort Collins
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.fortcollins.co.us Fort Collins, CO 80522-0580
hase Order
L COMMERCIAL DETAILS,
Invoice Addition, To ensure prompt Payment mail invoices in duplicate to
City aFort Collins Accounting Division
P.O. Box 580
Fort Collins, 00 80522
Tax exemptions. By smmte she City of Port Collins is exempt from state and local now, Our Exemption Number
is 98-04501 Federal Excise Tax Exemption Certificate of Regent' 84-60)058] 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 in meet specifications, either when shipped or due to defects
of damage in transit, may be retumd to you for credit and are am to be replaced except upon receipt of wrinm
instructions fiorn the City of Port Collins.
h spectim. GOODS an subject to the City of Fort Collins inapatim on arrival.
Final Ampaice. Receipt of de, machMdim.1. iwappment in topows to this Misr can mutt in mthaizd
payment on the pat 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. Shipman, must be F.O.B., City of Fort Collins, TY) Wood St, Fort Collins, CO 80522, colas
otherwise specified on this edit. Ifpe mission is given to prepay freight and charge aepaamly, the original freight
bill must accompany invoice. Additional charges for Pecking will not be accepted.
Shipment Distance. Where mmufotaan have distributing points in various pats of the country, shipment is
expected from thc Merest distribution point to dominion, and excess freight will be deducted from Invoice when
shipments are made from greater distance.
Permits. Sella shall promise a sell. sole Met all necessary permits, certificates and licenses required by all
applicable laws, regulation, ordinances and rule ofthe state, municipality, territory or political subdivision where
the work is performM, or required by my other duly commuted public authority havingjurisdictim over the work
of vendor. Sella former sprees to hold the City of Fort Collins hertdess from Md against all liability and loss
incurred by mean by reason of an asserted or established violation of my such laws, regulations, cadmium, cola
and requirements.
Aumorintim. All Parties to this contract agree that the rc,oner own are, in fact, bona fide end possess full and
complete authority to bind said parties.
LIMITATION OF TERMS. This purchase Order expressly limits acceptance to we terns and conditions stated
heron an forth and airy supplementary a additional tam =d conditions amczed hereto or incorporated herein by
reference. Any additional or different hems and condition proposed by sells an objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot wake complete shipment to arrive on your
,mo isd delivery data as mad Time is of the essence. Delivery and Pa... mart be effaced within the bear
stated on the purchase order and the docuromts attached hereto. No ants of the Purcha. including, withmt
limitation, aMcpMce ofpmtW late deliveries, shall operate as awaiver of this provision. In the event of any delay,
the Purchases shall have, in addition in Omer legal and equitable remedies, the option ofplacing this order elsewhere
and holding the Sella liable for dormice. However, the Sella shall not be liable for during= m a mutt of delays
don in crows not reasonably feseeable which was beyond its reasonable control and without its fault of negligence,
such acre of God, acts of civil or military, authorities, governmental priorities, 6m, strikes, Flood, epidemics, was;
or rids provided that nice of the cmdroon caning such delay Is given to the Purchaser within five (5) drys of the
time when the Sella first raeivd knowledge thereof In the event of my such delay, the doe of delivery shall be
catendd for the peril equal to me time actually lest by... of the delay.
3. WARRANTY.
The Sella wamnts that all gods, aUcles, materials and work covered by this adawill conform with applicable
drawings, specifications ample and/or mho descriptions given, will be fit for de, pur ores intended, and Performed
with the highest degme mare and comperena in amor&om with accepted standards for work of a similes ranee.
The Sella series to hold the purchaser human. Goon any less, dump or expense which me Purchaser cony suffer
or incur on account of the Sellers breach of warranty. The Sella shall replace repair or make good, without cost to
the purchaser, my deface or fu nts along within one (I) year or within such IMger paid of time as may be
Prescribed by law or by the terms of my applicable warranty provided by the Sella after the date of acceptance of
she gods famished hereuder (aMephmce not to be use orabiy delayed), malting from imperfect or defective
work time or materials furnished by the Sella. Aceepance a we of good, by be Purchases shall not consume a
waiver of my claim under this warmty. Except as otherwise Provided in this purchase order, me Sellers liability
hereanda shall extend on all damages proximately caused by the breech of my of the foregoing warranties or
guarantee, but such liability shall in on event include Ion ofpmfits or lass of use. NO IMPLIED WARRANTY OR
MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes on legal terms by wane. change Order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser my make my chsge to the tea, other then legal tam, including addition to or &]dons from
the quantifies originally orderd in the specifications or drawings, by verbal or written change order. If my such
change affects the amount don or the time of perfommce haeunser, an equitable adjustrnent shall be code.
6. nkM NATIONS.
The Purchaser may a my time by written charge order, terminate this agreement as in my or all pastime of the
gods men ma shipped, subject to my aNitable edjus 1 between me parties as to any work M materials then I.
progress provided that the Purchases shall not be liable for my claim fa anticipated profits on the uncompleted
ponsion ofthe goods and/or work, for incidental or consequential damages, and ma no such adjustment be make in
favor ofthe Sella with respect to my goods which Me the Sellers atmdad stook No such term comer shall relieve
the Furcha. or the Seller of my of that obligm.a as to my Boils delivered hareunda.
q. CLAIMS FOR ADJUSTMENT.
Any dam for ads commit must be asatd within thirty(30)its, ft. me date the change or tamintion is ordered.
8. COMPLIANCE WITH LAW.
no Sella w.Mts that all goods sold bannister shall have ban produced, sold, delivad and famished in strict
compliance with all applicable lawe and regulations to which the gods are subject The Sella shall execute and
deliver each documents as my be required in effect or evidence compliance. All laws and regulations required or
he incorporated rim agreemmts of this chaacter we hereby incorporated herein by this reforemn The Seller Opera
to inda=ify and hold the Paribas. beremem from all toes and danegre suffered by the Purchaser as a vault of
the Sell. failure to comply wish each law.
9. ASSIGNNENT.
Neither perry a hall assign, mmf ,or move, this order, re my monies it. or On became it. haeurdM without me
pia written coment of the other pity.
10. TITLE.
The Sella wamnn full, clear end wreenicted into to the Purchaser for all competent, rimusids, and item fumialled
in performance of this agreement. free and clear of My and all liar, murictiws, rarnffiines, security interest
encumbrencce and claims of other.
11. NONWAIVER.
Failure of the Purchaser to insist upon arind performance of the terms and conditions hermf, failure a delay to
exercise any rights. 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 hermnhr or approval of the design, shall not release the Sella of
my 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 atrim performance hereof or my of its rights or remedies m in my such goods, regardless
of when shipped, received or accepted, a in my prior o subsequent default hereunder, nor shall my purported oral
srwdificatim or rescission of this purchase order by me Purchaser operare as a waives of my of the tam herrof
12, ASSIGNMENT OF ANTITRUST CLAIMS.
Sella and me Purchaser recognize that in actual mountain practice, overcharges resulting from mtioust videtims
are in fact home by the Panacea, Theretofore for good cause and as casidaution fen morning this Purchase ,it.,
the Sella hereby asagns m the Parchasa my and all claim it nay now have or hereafter acquired under federal a
state mtiwst laws for such overcharges relating to me particular goods or services purchased Or acquired by the
Purchase pursuant to this purchae Mier.
13. PURCIASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Sella in correct nonconforming or defective good, by a daze to bn agreed upon by the
Purchnff and the Sella, and the Sella 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 Sella shall pay all costs
assoiated with such work.
The Sella shall release the Purchaser and its contractors of My tiff from all liability and claims of my nature
resulting from the performance of such work.
This relea , shall apply over in the event of fait of reglips. of the party released and shill emend in the director,
officers Md employees of such pant)'.
The Sellers concommai obligations, including warranty, shall nit be domed in be redbced. in my way, because such
work is performd or caused to be performed by the Purchase.
14. PATENTS.
Whenever the Seller is required to use my deign, device, material or process covered by leter, patent, national,
or copyright, the Sella shall indemnify and save hamlet me Formica fimm my and all claims for infringement
by reason of the we of such patented design, device, material or process in co=eaion with the contract, and shall
indemnify the Purchase, for my cost, expense or damage which it maybe obliged to Pay by reason of such
infringement a my time during she prosautim or after the completion of the work. In car said equipment, or my
part merof or me intended use of the goods, is in such suit held to constitute infringement and the we of said
equipment Or pan is enjoined, the Sella shall, at its own expense and at its option, either procure for she Purchase,
the right to continue ring said equipment a parts, Miser the same with substantially equal but norinfringing
equipment, a modify it so it becmnee non -infringing.
15. INSOLVENCY.
If me Sella shall become insolvent or bankrupt, make an assignment fa the benefit of air imrs, appoint a receiver
or trustee for my ofthe Sellers property a Incomes, this order may forthwith be canceled by the purchaser without
liability.
16. GOVERNING LAW.
The definitions of teens nsed or the interpretation of the agreement and the rights mail parties harm=des shill be
contused antler and governed by the laws of the Sine of Colorado, USA.
The following Additional Conditions apply only in teas "Me the Seller is to perform work here=des, including
the services of Sellers Re unumo ive(s), M the premises of others.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Seller's own 6A and] the was is fully Mmpleed will amepted, and shall, in
case of my accident, destruction or injury to me work and/or materials before Sellers final completion and
acceptance, compiler, me work a Sellers main expense and in the aadefaction of me Purchaser. When nationals and
equipment are funwhd by others for insulation or aavon by the Sella, me Sella shall receive, =load, am and
handle sane at the site and become responsible therefor as though such materials Millar equipment were being
furnished by the Sella under the order.
18. INSURANCE.
The Sella shall, a his own expense, provide for the payment of workers compmaion, including occupational
disease benefits, to its employees mployed on or in connections with the work coved by this moraine order, names
to their dependents in accordance with me laws ofthe stale in which me work is to be time. The Sella shall also
carry comprehensive gmel liability including, but nit limited to, contractual and automobile public liability
in mence with bodily injury and ham limits me, least Snow" for my we person, S500 M for my one accident
and property damage limit per accident of S400,000. The Sella shall likewise require his contract., if my, in
provide for such compersatim and insurance. Before my of the Sellers or his comments employee shall do my
wait upon the penises of ohm, the Sella slid] human the Purchases with a cafificate that such compensation and
insurance have been pmvidd. Such certificates shall specify the date when such compensaim and insurance have
been providd. Such certificates shall specify the date when such compensation and insurance expires. The Sella
agrees that such compensation and insurance shill be maintained =ill after the more work is completed and
mceptd.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella hereby assume the mare mponsibility and liability for My and nil danagc, two or injury of my kind
or nation whatsoever to persas or Property caned by or resulting from me mocusim of the work provided for in
this purchase order or in connection bormith. The Seller will indemnify and hold hannles me Purchaser and my
or nil of the Purchasers offices agents and employees from it against any and all claims, lain., damps, charge
or aromas, whether direct Or indirect, and whether in proms or property in which the Purchases my be Put or
subject by ream of My ace, action, mgInt, ominion or default on the pm of she Seller, my ofbis conuazWn, or
myofthe Sellmorcontraxasofficm,agmuaemployers. Inmemysuitmnthapm .&Vshillbebrmght
again, the Purchnff, or its office, agents or employees at MY time on moment Or by reason of my era, action,
neglect, omission or default of the Sella of any ofbis contractors is my of its Or their Officers, agents a employese
as aforesaid, the Sella hereby agrees to ==a the defense thereof and to defend the sane at the Seller own
expense, to pay my and all costs, charges, attorneys fees and other expenses, any and all judgments that my be
incurred by in obtained against the Purchi a or my of its or their of iccrs, came, or employes in such suits or order
praerdinp, and in case judgment or other lien be placed upon or obtained against the property of the Purchase,
Or and Fortis in Or as a mutt of such suite or other proceedings, the Sella will a once cause the sane to be
dissolved and diecluned by giving bond a uthawim. The Sella and his camactwa shall take nil afety P.M.,
Finnish and install all guards ne mary fa the prevention of smidmts, comply with all laws and regulation with
regard in safety including, but withmt limitation, the Occupational Safety and Health Act of 1970 and all mice and
regulations issued pursuant thereto.
Revised I IN