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HomeMy WebLinkAbout114178 DELL MARKETING - PURCHASE ORDER - 3307233Date: 11 /20/03 City of Fort Collins Page Number: 1 City of Fort Collins Delivery Date: 11/20/03 urchase Order number must appear on invoices, packing lists, Note: Line Qty/Units 1 1LOT 1 DELL LATITUDE D800 PER QUOTE: E003684995 CONTACT: BOB LOEVEN Buyer: Purchase Order Number: 3307233 all correspondence. ption Extended Price 2,398.12 Total $2,398.12 This order is alid 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-o58o PO Box 580 Phone: 970-221.6775 Fax: 970-22f-6707 Email: info@ci.fort-collins.co.us Fort Collins, CO 80522-0580 Purchase Order Te and Conditions 1, COMMERCIAL DETAILS. Invoice Address. To enure prompt Payment mail invoices in duplicate to'. City of Fort Collins Accounting Division P.O. Box 580 Fort Collins, CO 80522 Tax exemption. By sat re the City of Fart Collin is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Ceaifinte of Registry 84-6000587 is registered with the Collector of Intamal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1993, Chapter 39-26, 114 (a). Goode Rejected. GOODS REJECTED due to failure to meet spaifications, either who shipped or due to defects of damage in hanit, may be reined to you far credit and ere not to be repined except upon receipt of wtiltn instructions from the City of Pon Collins. Inspection. GOODS are subjectio the City of Fort Collins inspection on arrival. Fiml Aco place. Receipt ofthe metchmd'se, services or equipment in response in dos order con result N authorized payment on the part of the City of Fort Collin. However, it is to be undmtrad that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Tams. Shipments must be RITE, City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless otherwise specified on this order. Ifpamission is given to prepay freight and charge separately, the onginal freight bill must accompany invoice. Additional charges for (sacking will mat be accepted. Shipment Distance. Where manufacturers; have distributing Points in various pans of the come, shipment is expected from the nearest distribution point in destination, and excess freight will br deducted horn Invoice when shipments are made from greaterdistance. Permits. Seller shall procure at sellers sole Cast all necessary permits, certificates and licenses required by all applicable laws, regulations, Coleman and rules of the state, municipality, remoory or political subdivision where the work is performed, or required by my other duly Cantim,ed public authority having jurisdiction over the work of vendor. Seller further Wen to hold the City of Fort Collins formless from and against all liability and loss incurred by them by reason of an asserted or established violation of my such laws, regulations, ordinances rules and rcquiremens. Authonramen. All parties to this Contact spier that the representatives are, in fact, alma fide and possess full and mmplae andio ity to bind said patties. LIMITATION OF TERMS, This Purchase Order expressly limits accepmnce to the terns and conditions stated herein sec forth and my supplements, or additional terms and conditions amexed hereto or incorpomted herein by reference. Any additional a different lawn and Condition proposed by seller are objected to and hereby rejected. 2. DELIVERY, PLEASE ADVISE PURCHASING AGENT immediately if you ..at make complete shipment to wive on your Worn nd delivery date m noted. Time is of the essence. Delivery and performance mutt be effected within the time stated on the puchae ado and the does.0 attached hereto. No ass of the Perchasm including, withod limitatim, accepance ofpafial late delivaim, shall operm m a waives' of Nis provision. In the event of any delay, the Pembina shall have, in addition to other legal and equitable remedies, the option mplacing this ado elsewhere .it holding the Sella liable for dmages. However, the Seller shall nor be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond is reasonable control and withont is fault of negligence, such ms of God, ass of civil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars r now provided Nat notice of the Condition caning 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 my such delay, the date of delivery shall be extended for the period Nual to the time actually Int by reason of the delay. 3. WARRANTY. The Sella warrants that all goods, articles, nationals and work covered by this order will conform with applicable drawings, spadfications samples and i, shin dsmptiera 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 similar nature. The Seller agrees to hold the purchaser hawnless from my los, damage a expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Sella shall replace, repair M make good without cot to the purchases, my defects or faults arising within one (1) year or within such longer period of time as may be presented by paw or by the terra of my applicable warranty provided by the Seller o er the date of acceptance of the goods famished hereunder (acceptance net to be unren.ably delayed), resulting from Imperfect or defective work dove or mammals famished by the Sella. Acceptance or use of goods by the Purchaser shall nor constitute a waiver of any claim.da this wawmty. Except m otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caned by the breach of my of the foregoing wartmtia or guarantees, ben such liability shall in no event include loss ofpmfia or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Pantheistic may MAC changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes m the term, other than legal terms, including addition to or deletions from the quantities originally ordered in the specification or drawings, by verbal or wnhen 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 my time by written change order, terminate this agreement as to my or all portions of the goods thn net shipped, subject to my equitable adjustment hetwem the parties as to my work or animists then in progress Provided the the Purchaser shall not be liable for my claims for anticipated profits on the ancomplexxt portion of the goods andsor work, for inuidme or Canequmtial damages, and the no such adjustment be made in favor of the Sella with respect to my goods which are the Selina standard stack. No such twormafion shall relieve the Purchaser or the Sella of any of their obligations as to my goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment mart be asserted within Miry (30) days horn the dace the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Sella warrants the all goods sold hounder shall have ban produced, sold delivered and furnished in strict compliance with all applicable laws and regulations to which the goods arc subject. The Seller shelf execute and deliver such documents as may od required to effect or evidence compliance. All laws and regulations regmred to be incorporated in agreements of this chmcta are hereby incorporated herein by this reference. The Seller agrees to indemnity and hold the Purchaser harmless from all Costs and damages suffered by the Purchaser as a result of Me Sellers failure to comply with such law. 9. ASSIGNMENT. Neither patty, shall resign, transfer, or convoy this order, or my monies due or rec become due hereunder without the prior written Cana., of the other luny. 10. TITLE. The Sella wanants full, clear and unravrcted title to the forebear for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all lies, res rimme. reservations, security interest encumbrances and claims of others. I . NONWAIVER. Failure of the Purchaser to insist upon strict performance of the term and conditions hereof, failure or relay to 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 paymnt for goods hereunder or starve ache design, shall not release the Seller of any of the woranfies 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 my of its rights or remedies a to my such goads, regardless of when shipped, received or accepted as in my prior or subsequent default hereunder, nor shall my performed oal modification or rescission of this purchase order by the Purchaser Climate as a waiver of my of the terra hereof 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual maramic practice, overcharges resulting from mtiame violations aw in fact bone by the Purchaser. Thereof , for goad nose and as consideration for exerting this purchase other, the Sella hereby assign to the Purchaser my and all claims it may now have or hereafter acquired under federal or state antitrust laws for such overcharges Missing 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 dimmi the Seller to Carmct nonconforming or defective goods by a date to be agreed upon by the Purchna' and the Sella, and the Seller thereafter indicates is inability or unwillingness to comply, die Purchaser may cause the work to be performed by the most expedition means available to it, and the Sella shall pay all toss msmciated with such um k. The Sella' shall releae the Purchaser and is contractors of my tier Ilona all liability and Claimer of my nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the parry released and shall extend in the dircetas. officers and employees of such party. The Sellers contranual obligations, including warranty, shall not be doomed to be reduced, in my way, beemse such work is performed or caused to he performed by the Purchaser. 14. PATENTS. Whenever the Sella is captured to use my design, device, material or process covered by letter, Fear, trademark or copyright, the Sella shall indemnify and save harmless the Purchase from my and all claims for infringement by reason of the use of such parented design, device, material or pro mess in Connction with the contract, and shall indemnify the Purchaser for my cost, expense or damage which it may he obliged to pay by reason of such infringement a my time during the prosention or after the Completion of the work. In case said equipment, or my pas thereof or the intended me of the gals, is in such suit held to conan... C infringement and the ate of said equipment or pan is trimmed, the Sella shall, at is own expense and a is option, either procure for the Purchase, the right to continue using said equipment a parts, replace the vine with substantially equal but non -infringing equipment, or modify it so it becomes rim -infringing. 15. INSOLVENCY. If tla Sella shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for my of the Sellers popery or business, this order may forthwith be canceled by the Purchaser without liability 16. GOVERNING LAW. The definitions of tames used or the interpretation of the agreement and the rights of all parties hereunder shall be Commnal unda and governed by the laws of the State of Coincide, USA. The following Additional Conditions apply only in cases where the Sella is to perforce work heeunda, including the services of Sellers Reprnnmtivebs), on the premaes of mhm- 1'/. SELLERS RESPONSIBILITY. The Sella shall carry on said work in Sellers own risk until the same is fully completed and accepted, and shall, in case of my accident, destruction or injury to the work mover materials before Sellers final completion and acceptance, complete dun work at Seller's own expense and in the satisfaction of die Purchase. When materials and equipment are furnished by others for installation or ertion by the Sella, the Sella shall receive, .load, sore and handle same at the site and become responsible therefor as though such materials mdror equipment were being furnished by the Sella under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including ocenpsomal disease bnefis. to is employees employed. orin Connection with the work covered by this purchase order, sector to their dependents in accordance with the laws of the state in which the work is to be time The Sella shall also carry comprehensive general liability including, but not limited to, coao-am d and automobile public liability insurance with bodily injury and death limits of a least $300,000 for my me pas., $50(,00) for my me amidmt and property damage limit pa incident of S400,000. The Seller shall likewise require his corrections, if my, to provide for such compensation and insurance. Before my of the Sellers or his contractors employees shall do my work upon the Families of ahers, the Sella shall furnish the Purchaser with a certificate that such comp ss ati. and insurance have berm provided. Such certificates shall specify the date when such compensation and insurance have ken 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 ..,led. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes the entire responsibility and liability for my and all damage, loss or injury of any kind or nature whatsoever to Amon or property caned by or resulting from the exaction ofthe work poi for in this purchase order or in comection herewith. The Sella will indemnify and hold hemdess the Purchaser and my or all of the Purchasers officers, seem and employes from and against my and all claims Items, damages, design or expenses, whether direr or indirect, and whether to persons or property to which doe Purchaser may be put or subject by rearm of my ad, mtim, neglect, omission a default. the pat of the Sella, my of his comamors, or my of the Sellers or eontractas officers, agents or employers. In case my suit or other proceedings shall be brought against the Purchaser, or its officm, egos or employees at my time on commit or by mason of my set, action, neglect, omission or default of the Seller of my of his contractors; a my of is or their officers, agents or employees as aforesaid, the Sella hereby agrees to =nine the defense thereof and to defend the sore at the Sellers own expense, to pay my and all costs, charges, attorneys fees and Cara expcnes, my and all judgments that may be incurred by or obtained name the Purchaser or my of its or their officers, agents or employees in such suits or other proceedings, and in wejudgment or other lien be placed upon or obtained again,, the property of the Purchaser, or said parties in or as a result of such suits or other prommings, the Seller will in race came the snow to be dissolved and discharged by giving bad or otherwise. The Sella and his ..I. mail take all safety precautions, furnish and install all guards necessary fen the protection of accidents, Comply with all paws and regulations with regard in safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised I Il9