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HomeMy WebLinkAbout114178 DELL MARKETING LP - PURCHASE ORDER - 9112875City of Fort Collins Date: 05/19/2011 PURCHASE ORDER PO Number Page 9112875 1 of 2 This number must appear on all invoices, packing slips and labels. Vendor: 114178 Ship To: POUDRE FIRE AUTHORITY - AD DELL MARKETING LP 102 REMINGTON ONE DELL WAY FORT COLLINS Colorado 80524 MS: RR1-35 ROUND ROCK Texas 78682 Delivery Date: 05/19/2011 Buyer: JAMES HUME Note: Line Description Quantity Ordered UOM Unit Price Extended Price New BC laptops 1 LOT LS 6,436.56 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill 11, CPPO City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com Total $6,436.56 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt form state and local taxes. Our Exemption Number is 11. NONWAIVER. 98414502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue. Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39--26. 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the a,cm of a breach, the acceptance ofor payment for goods hereunder or approval ofthe design. shall not release the Seiler of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the eimmics or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be retained to you for credit and are not to be replaced except upon receipt of is liucn purchaser to insist area strict performance hercofor any of its rights or remedies as to any such goods, regardless instructions from the City of Pon Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any pupn oed oral modification or rescission of this purchase order by the Purchaser operate as a waiver of env of the temps Inspection. GOODS arc subject to the City Of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this Omer can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to be anlcrstood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting free, antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact borne by the Purchascr. Theretofore, for good cause and as consideration for executing this purchase order. the Seller hereby assigns to the Purchaser any and all claims it may now have or hcreiner Freight Terms. Shipments most be F.O.P.. City of Fort Collins. 700 Wood St., Fort Collins, CO 80522, unless acquired under federal Or state antimst laws for such overcharges relating to the particular goods or services otherwise specified on this order. If pemi.mon is given to prepay freight and charge separately, the original freight rurchased or acquired by the Purchaser pursuant to this purchase order. hill most accompany invoice. Additional charges for packing will not be accepted. 13. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufemmrs have distributing points in various pans of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by s date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Scllcr thereafter indicates its inability or unwillingness Io comply, the Purchaser shipments arc made form Sreater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay rill costs associntcd with such work. Permits. Seller shall pmcarc at sellers side cast all necessary permits, eenificates and licenses required by all applicable laws. regulations, melinanecs and roles of the state, municipality. territory or political subdivision %%here The work is performed. or required by any other duly constituted public authority having {urisdict ion over the work of vendor. Seller further agrees to hold the City of Pon Collins hamle,s form and against ail liability and Ins, incurred by them by reason of an asserted or established violation of any such laws, regulations ordinances, nOcs and requirements. Authorization. All parties to this contact agree that the representatives are. in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order cxpressly limits acceptance to the Isms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hacto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller am objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive On your premised delivery date as noted. Time is of the essence. Delivery and performance must be effected Within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of panial Tale deliveries, shall operate as a waiver ofthis provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable mmedics, the option ofplacing this order cdscwhcre and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due m exa es nod reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts ofeivil or military authentic,, governmental prfonties, fires. strikes flood, epidemics, ears or riots pmvidcd that notice of the conditions causing 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 any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. A. WARRANTY. The Seller warrants that all good, articles, materials and Work covered by this order will conform With applicable drawings. specifications. samples and/or Other descriptions given. will be fit for the porgo.,es intended, and performed with the highest degree of cam and competence in accordance with accepted standard., for work of n similar nature. The Seiler agrees to hold the purchaser harmless from any loss. damage of expense which the Purchascr may suffer or incur on account of the Scllers breach of wamnty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time is may be prescribed by Iry or by the gems of any applicable warranty pmvidcd by the Seller niter the Elms of acceptance of the goods romixhcd hereunder (acceptance not to be unreasonably delayed). resulting form innperfect or detective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchascr shall not constitute a waiver ofany claim tinder this warranty, Except as otherwise provided in this purchase order, the Sclicrs liability hereunder shall extend to all damages proximately caused by the breach ofany of the foregoing ,amrtics or guarantee,, but such liability shall in no event include loss of profits or Jos, of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchascr may make changes to legal me ns by wrinen change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchascr may make any changes to the tams, other than legal tcros including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. fi. TERMINATIONS. The Purchascr may at any time by wrinen change order. terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the panics as to any wark or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or conscgtrcntial damages, and that no such adjustment be made in favor of the Seller with %expect to any good which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seiler of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change Or termination is ordered. R. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced. sold. delivered and furnished in strict compliance with all applicable laws and regulations to which the goods arc subject, The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser is a result of the Sellers failure to comply with such Irv. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to became due hereunder without the prior written consent of the other patty. 10. TITLE. The Seller wamnt, full, clear and unrestricted title to the Purchascr for all equipment. materials, and items famished in performance of this agreement. free and clear of any and all liens, restrictions. reservations, security interest encumbrances and claims of others. The Seller shall relcuse the Purchaser and its cormicora of any tier from all liahility and shiers of nny roman, resulting from the performance Ofsuch work. This release shell apply even in the event of fault of negligence of the party released and shall cxtcnd to the dircdms, officers and employees of such parry. The Scller's commoual obligations. including wamnty, shall not be deemed to be reduced, in any wry, because such work is perfomcd ar crowed lobe perfomcd by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringcmcnt by reason of the use of such patented design, device. material or pmkcss 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 at any time during the prosecution or after the completion of the work. In case said equipment. or .any pan thercaf or the intended use of the Bonds, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller .shall. at its own expense and at its option. either procure for the Purchascr the right to continue using said equipment or pans, replace the same with substantially cquil but noninfringing equipment. or modify it .so it becomes noninfringing. 15. INSOLVENCY. If the Seiler shall become insolvent or bankrupt. make an assignment for the hencfn of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions efrcms used or the interpretation ofthe agreement and the rights ofall parties hereunder shall be conatmed under and governed by the laws ofthc State of Colomdo. USA. The following Additional Condition, apply only in cases where the Seller is to perfnm work hcrcundcr, including the services ofSellers Represcandive(s), on the premises of others, 17. SELLERS RESPONSIBILITY. l'he Seller shall carry on said work at Sellers own risk moil the same is fully completed and accepted, and shall, in en,sc of any accident, destruction or injury to the work nndlor matcrin is before Seller's finni complet inn and acceptance, eomplctc the work at Seller's own expense and to the atisfXtion of the Purchascr, When mnicria is and equipment are famished by others for installation or erection by the Set ter. the Set let shill rccc is c, unload, store and handle same at the site and become responsible therefor ns though such mnicrink nndlor equipment acre being furnished by the SCllcr under the order. 19, INSURANCE. The Seller shall, at his own expense, provide for the payment of Workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work catered by this purchase order. and/or to their dependents in accordance with the laws oflhe state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits M at least S300,000 far any one person, S5000K) for any one accident and pmpeny damage limit per accident of S400S)00. The Seller shall likewise require his contractors, Wray, to provide for such compensation and insurance. Pcforc any of the Sellers or his contractors employees shall do any work upon the premises of others, the Sellershall famish the Purchascr with a certificate that such compensation and insurance have been pmvidcd. Such certificates shall specify the date when such compensation and insurance have been pmvidcd. Such ccnificatcs shall specify the date when such compensation and insurance expire,. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is crnplmed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility' and liability for any and all damage. loss or injury array kind or nature whatsoever to persons or property caused by or resulting form the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchascr and am or ill of the Purchasers officers, agents and employees form and against any and all claims, losses, damages, charges or expenses, whether direct or indirect. and whether to persons or pmpeny to which the Purchaser may he put or subject by reason of any act, action, neglect, omission or defnnit on the part of the Scllcr, any of his contractors, or any of the Sellers or contractors officers, agents err mnPloyees. In ease any suit or other proceedings shall be brought against the Purchascr or its officers, agents or employees aticy time on account or by reason of nny act, ietion, neglect, omission or default of the Seller army of his contractors or any of its or their officers, agents or employees as aforesaid, the Seiler hereby agrees to ismme the defense thcrcaf and to defend the some at the Sellers own expense, to pay any and all cost, ehnrga, nttomeys fees and other cxpatses, env and all judgments that cony be incumd by or obtained against the Purchascr or my of its or their affects, .agents or employees in such suits or other proceedings, and in case judgment or other lien he placed upon or obtained against the property of the Purclmser, or said parties in or as a result ofsuch suits or other proceedings. the Seller will in once cause the same to be dissolved and discharged by giving bond or otherwise. The Scllcr and his contractors shall take all snfcty precautions, furnish and install all gnnrds amvsmry for 0m rrcvcntion Of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Oceupntimml Safety and Health Act of 1970 and all nits and regulations issued pursuant therctn. Revised 03/2010