HomeMy WebLinkAbout114178 DELL MARKETING - PURCHASE ORDER - 2208599Date: 12/18/02
City of Fort Collins
Page Number: 1 of 1
City of Fort Collins
Purchase Order Number: 2208599
Delivery Date: 12/18/02 gdyer: HUME,JAMES
Purchase Order number must appear on invoices, packing lists, labels ills of lading, and all correspondence.
Note:
Line Qty/Units Description Extended Price
1 Computer/Monitor quote - E002419491 1,600.33
I�
I
Total 1,600.33
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@cl.fortcollins.co.us Fort Collins, CO 80522-0580
r Terms and Conditi
1. COMMERCL DETAM&
Invoice Address. To msure prompt Payment mail invoice in duplicate to:
City of Fen Collins Accounting Division
P.O. Box 580
Poe Collins, CO 80522
Tax exemptions. By salute the City of Fiat Collins is exempt from state and load boxes. Con Exemption Numbw
is 98-04502. Foderel Excise Tax Exemption Certificate of Registry 80.6000587 is registered with the Collemr of
Intcmal Revenue, Deaver, Cul.md. (Ref Colomdo Revised Statutes 1973, Chapter 39-26, 114 (a).
Goods Rjecad GOODS REIECTED due in failure to roan specifications, either when shipped or due to defers
of damage in travit, my be roamed in you for credit and as not to be rcplmM except upon receipt of written
imtsaions from the City of Fat Collins.
Inspctoon. GOODS are subject W the City of Pat Coliim inspection. arrival.
Final Acceptance, Receipt of the mechmNsq sevirm in quipmrnt in response, to this order can mutt in Submitted
payment on the pert of the City of Fort Collins. However, it is to be understood the FINAL ACCEPTANCE is
dependent upon cony leman of all applicable imitated inspection procedures.
Freight Tema. Shipments mart be F O.B., City of Fort Collins, 700 Wood St, Fat Collins, CO 80522, bodes
otherwise specified. Nr If is order, is given to prepay freight and change separately, the original freight
bill must accompany invoice. Additional charge a for packing will am be accepted
Shipment Distance. Whore mmufs ayes have distributing points in various parts of the country, shipment is
expated from Ne contest distribution point to dasnatim, wall excess freight will be deducted from Invoice When
shipnms ere made from Summer distmce.
Prouss. Sella shall procure at sellers Sole cast all necessary penis, certificates and Human required by all
applicable I., regulations, ordinmce Said ryes ofthe secs, municipality, armory or politiml subdivision where
the work is performed, Or required by Soy od a duly constituted public authority havingjur nalwim over the work
of vendor. Sella harbor Was to hold the City of Fort Collins harmless from and Samoa all liability and loss
incurred by them by meson of m aesmed or established violation of my such laws, regulations, ordinances, mles
.it requirements.
Authorized.All parties to this c.trmt time then the ra memtive are, in fact, bona fide and poseurs full and
complete wthos ity to bind said parties.
LIMITATION OF TERMS. This Purchaw Order expertly limits acceptance to the was and conditions sated
herein set bath and any mpplementary or additional testis and conditions annexed beat. or incorporated herein by
maims Any additional or different tams and conditions proposed by Sella are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou mom make complete shipment a arive. your
prartieeddelivery doe a need Time is of the essence. Delivery and performance urea be effected within the time
ailed on the purchase order and the documants atached hereto. No acts of the Purchasers including. without
Emission, amepance of partial late deliveries, shall operate as a waiver of this provision. In the event ofany play,
die purchaser shall have, in addition to other legal and equitable a me uct. the option of placing this reds diewhae
and holding Ne Sella liable for damage. However, the Sella shall not be liable for damage as a result of delays
due to cares non nationality fossaable which we beyond its reasonable control and without is fault ofneghgence,
such Sea of God, acts of civil a military mNorides, govanmenW priorities, firm, strikes, food, epidemics, was
a mots provided that nnfce of the conditions cassing such delay is give in fee Purchaser within five (5) days of the
time when the Sella fist raeived knowledge diermf In the Bent of my such delay, the dam of delivery shall be
extended for the period equal in she tome actually lost by region of the delay.
3. WARRANTY.
The Sella warrants that all goods, articles, materials aW work covered by this order will conform with applicable
drawings, epecifiewom, samples anNor other descriptions given, will be fit for the purPaa intended and prfmmed
with the highest dogma of care and c.mpana ina cordana with accepted standards fen work of a airslar mime.
The Sella agrees to hold the purcle. went. foe my lea, doing. or expos which the Purchma may auff e
or incur on account of the SelI=breach of memory. The Sella shall replace, spur or make good, without cost to
the porches, my defers a twits arising within one (1) year or within such longer Period of time n may de
prescribed by law or by the terms of my applicable warmly Provided by the Sella after the date of acceptmce of
the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective
work done or materials furnished by She Sella. Acceptance muse of gods by fee Purchaser shall not commute a
waiver of my clam undo this warranty. Except in otherwise provided in this purchase order, the Seller liability
hereunder shall extend to all dosages pmai nately caned by the breech of my of the foregoing worwtim or
,museum, but such liability shall in on evert include Iron ofpmfia or ass of use. NO IMPLIED WARRANTY OR
MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERM,.
The Purchaser may make changes in legal tom by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser my make my chane in the tom, other than legal tam, including additions to or deletions from
fee quantities originally ordered in the specifications a drawings, by verbal or written change order. If my such
change effects the aonunt due or the time of performance ha.under, an Namable adjmmnmt shall be made.
6. TERMINATIONS.
The Foremen may at any time by "am change order, cautious this Simmons as in my or all portions of die
goods am not shipped, subject in my equitable adjnmmt between the psalm as to my work or maerals then in
progress provided that the Purchaser shall not be liable for my claims for anticipated pofuts On the =completed
ponim ofthe goads andNor work, for Inefdenal Or croseluential darneges, and Nat no such adjn=rot be made in
favor ofthe Sella with aspect to my goads which es the Sellers Standard cock. No such termination shall relieve
the Porehnsa or She Sella of my of their obligations as to my goods delivered hear=der.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment onus be awned within thirty (30) days fnm the date the change or amiraEon is ordered
8. COMPLIANCE WITH LAW.
The Sella warrens Net all goods Sold hereunder shall have been produced sold, delivered and famished in strict
compliance with all applicable laws and regulation in which the goods we subject. The Sella shall execute and
deliver such documents as my be required to off= or evidence compliance. All laws and regulators required to
be, incorporated I. agreements of am character arc hereby incorporated herein by this rcfiwmme The Sella We.
to indemnify and bold the Purchasr harmless from all toss and damage Suffered by the Purchaser es a result of
the Seller failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or movry this order, a my mmies due or to becom due hereunder without the
prim written oonant ofthe other perry.
10. TITLE.
The Sella warrants full, der and unrestricted mica, the Purcbasr fa all equipment trWaials, mad items fmnishod
in prfommce of this agreement, fee and clew of any and all doers, sanctions, reservations, security interest
encumbrances and claims of others.
11. NONWAIVER.
Failure of the Purchaser to imist upon strict prtomance of the was and conditions hereof, failure a delay to
exercise any rights or rcmc im provided herein or by law, failure to promptly notify the Seller in the even of a
breach, the axapmnm of a payment for goods hereunder or approve] of the design, Nall am releese 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 strict performance hamf or my of is rights a remedies as to my such gouda, regardless
of when Gipped, twined in accepted as to my Prior or subsequent default hereunder, nor shall wary purported mal
modification a recession, of this purchase under by the Purchaser opera as a waiver of any of the arms hereof.
12. ASSIGNMENT OF ANTITRUST CLAM.
Sella and the Purchaser remgniae Not in mmul xommwic prmtirs, overcharge resulting from mtitrsat violas —
me in fact bane by the Purchaser Thaetof ss, for goad cause and as comideration far Scanning this pacbaw order,
the Sella hereby esigns m the Purchases my and all claim it my now bane or member acquired under fedesl or
state antitrust laws for such overcharges reason, to die pecticWar goads in services purchased or acqutrcd by the
Fuchsia pusumt to this purchase ads. I
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser dirau the Sella to costar nmconfiaming or defective goods by a date to be agreed upon by the
Purchaser and the Sella, and the Sella thamifer indistes its inability or unwillingness to comply, the Purchaser
may cause the wmk to be performed by the most expeditious meets available to it, and the Sella "I Fey all cats
associated with such work.
The Seller shall release the Purchaser and is Ommusea s of my for from all liability and claims of any narm
resulting boom the Perfomance of such work.
This release shell apply even in the went of fast oa.0igmce of the Perry.].it and shall extend to the discars,
officers and employee of such parry.
The Selles maintained obligations, including warranty, shall non be deerned to be reduced, in my way, became such
work is perfomed or caused to be performed by the Purchase.
14. PATENTS.
Whomever the Sella is required to use my design, devicematerial or process covered by Imer, pmmt, trademark
or copyright. the Sella shall indemnify and save harmless the Purchaser from my and all claims for infringement
by tens.. of the use of such parted design, device, material Or prams in connexion with the c.hnx, and shall
indemnify the Purchaser for any cast, expense or damage which it may M obliged to pay by salon of Such
infringement at my time during the prosecution or after the completion of the work. In ewe said equipment or my
,as thereof or the intended use of as goods, is in such suit held to constitute infringement and the use of Said
equipment or, pat is enjoined, the Sella shall, at is own expense and a is option, either Pa.. for the Purchaser
the right to continue using said equipmimtor parts, replace the same with substantially equal but non -infringing
equipment or modify it m it become non -infringing.
15, INSOLVENCY.
Ifthe Sella shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver
or trustee for my of the Sellers property a brines, this ads may f.athwidt be cameled by the Panama without
liability.
16. GOVERNINGLAW.
The definitiam of tear used in the interpretation of the agreement and the rights of all ponies hereonder shall be
continued under and governed by the laws of the Sate of Colorado, USA.
The following Additional Conditions apply Only in case where the Sella is in perform work hereunder, including
the services of Seller Represenative(s), on the prom eon of others.
17. SELLERS RESPONSIBILITY.
The Sella shall carry on said work at Sellers own risk was the same is fully mmple[d anal accepted, and shall, in
case of my accident contraction or injury to the work and/or materials berme Sella, firal completion and
acceptance, complete the work at Seller's own expense and to the Satisfaction of the Purcbwcr. When materials and
equipment are famished by others for installshim in esai.n by the Sella, the Sella shall receive, unload, ame and
handle same at the site and become responsible therefor as though such materials and/or equipment were being
furnished by the Sella under the order.
18. INSURANCE.
The Sella shall, at his own experse, provide for the payment of workers compamtion, including occupti.al
disease benefits, to its employee employed on or in connexion with the work covered by this purchase order, and/or
to their dependens in accordance with the laws of the sae in which die work is to be done The Sella shall also
tarty comprehensive ,mart liability including, but nor limited to, command and eutamobile public liability
inumce with bodily injury and death limits of a Imo 5300,000 for my me person, $500,000 for my me accident
and property damage limit per accident of 5400,000. The Sella shall likewise require his contractors, if my, to
Provide for such compensation and insurance. Before my of the Sellers or his cantmarm employees shall do my
work upon the premises of Others, the Sella shill fumisb the Purchata with a conificats that such mmpenaaim and
an.. have been povided. Such ceniftcates shall specify the data whin much comperma. and insurance have
been Provided. Such certificates shall specify the des whim such compensation ad insurance expires. The Sella
agrees the such compensation and insurance shall be maintained until after the mtirc work is completed and
accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assume the entire responsibility and liability for my and all damage, dart or injury of my kind
in aware whatsoever to persons or property caused by Or resuleag from the execution of the work provided for in
this purchase order or in connection herewith. The Sala will indemnify and hold harmlees the purchaser and my
or all ofthe Purchases offices, agents and employees from Said against my and all claim, lose, dampest, chme
or expenses, whether direct or indirect, and whether to persons or Property in which She Purchaser may be put or
subject by reason of my act, action, n,I.,.mission or default on the pan of the Sella, my of his contractor, Or
my ofthe Sellers or momentum offices, ages or anployas. In came my suit in other proceedings shall be brought
simmat the Purchaser, or is offcee, agents or employers at my time on account or by fees. of my rot action,
sighs, mnsonow in default of the Sella ofmy of his contactors a my of is or their offices, agents a employees
as mumadid, the Sella hereby We. to assume the deface thamf wad to defend the none at 6e Sellers awn
expense, to pay any and all costs, charge, atemosye few and other expnes, any and all judgments that may he
incurred by or chained aga=the Purchaser or, on, of is achar offices, agents a employees in such its a Other
proceedings, and in cue judgment or other lion be placed upon or obtained against the property of 6e Purchase,
Or Said parts in or as a result of such Stairs a other promedings, the Sella will a .con cane the more to be
dindvW and dishwged by giving bond or otherwise. The Sella and his cmhaxos shall tors all safety psceu is s,
foram and imall all guards necessary fee She prevention of accidents, comply with all laws and regulations with
regal to salary including, but without limitation, the Occapationsl Safety and Health Act of 1970 and all fives and
regulations issued pursuwat 6eram.
Revised I IN