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HomeMy WebLinkAbout453293 APPLE INC - PURCHASE ORDER - 9114601Fort Collins Date: 08/05/2011 Vendor: 453293 APPLE INC 12545 RIATA VISTA CIRCLE M/S: 198HE AUSTIN Texas 78727 PURCHASE ORDER PO Number Page 9114601 t°fz This number must appear on all invoices, packing slips and labels. Ship To: POLICE DEPARTMENT POLICE SERVICES 2221 TIMBERLINE ROAD FORT COLLINS Colorado 80525 VaY: 6_ QI --7gdl kPir h sfalz cof &,yl. Delivery Date: 08/05/2011 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price Forensic Computer Workstation per Quote 1 LOT LS Proposal/Quote Summary: PROPOSAL DATE: 28July 2011 WEB PROPOSAL NUMBER: W71899880 CUSTOMER INFORMATION Jim Hume Senior Buyer Purchasing State & Local Govt Agency Purchases jhume@fcgov.com (970) 221-6776 PURCHASE INFORMATION Part Number: MB571Z/A Product Name: Mini DisplayPort to Dual -Link DVI Adapter Unit Price: 99.00 Quantity: 1 Net Price: 99.00 Estimated Shipping Within 24 hours Part Number: S3135LUA Product Name: AppleCare Protection Plan for Mac Pro - Auto -enroll Unit Price: 199.00 Quantity: 1 Net Price: 199.00 Estimated Shipping Within 24 hours Part Number: ZOM4 Product Name: Mac Pro, Two 6-Core Intel Xeon Options: 065-9541 Two 2.93GHz 6-Core Intel Xeon "Westmere" (12 cores) 065-0401 48GB (6x8GB) 065-9573 ATI Radeon HD 5870 1 GB 065-0082 512GB Solid State Drive - not supported with Mac Pro RAID card 065-9576 One 18x SuperDrive 065-9589 Magic Mouse 065-9596 Apple Wireless Keyboard (English) + User's Guide 065- 9632 Accessory kit Unit Price: 9,249.00 Quantity: 1 Net Price: 9,249.00 Estimated Shipping 4-6 business days SUBTOTAL: 9,547.00 9,547.00 Total $9.547.00 Invoice Address: City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email: purchasing@fcgov.com 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 from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. 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 Statures 1973, Chapter 39-26, 114 (a), exercise any rights or mmedics provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for good hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to mod specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be rammed to you for credit and arc not to be replaced except upon mccipt of written purchaser to insist upon strict performance hercofor any of its rights or remedies as to any such good, regardless instructions from the City of For, Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, not shall any puWocd oral modification or rescission of this purchase order by the Purchaser operate as a waiver ofany of the terms Inspection. GOODS are subject to the City of Fort Collins inspection on arrival, hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact bome by the Purchaser. Theretofore, for goad 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 hereafter Freight Terms. Shipments most be F.O.B.. City of Fort Collins. 700 Wood St.. Fort Collins, CO 80522. unless acquired under federal or state antitrust laws for such overcharges relating to the particular good or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is If the Purchaser directs the Seller to covert nonconforming or defective goods by a date to be agreed upon by the expected from the nomost distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Sella thereafter indicates its inability or unwillingness to comply, the Purchaser shipments am made from greater distance- may cause the work to be performed by the most expeditious means available to it and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at edlcrs sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Sella further agrees to hold the City of Fort Collins harmless fmm and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requirements. Authorization. All parties to this contract agree that the representatives arc, in fact bona Ode and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the reams and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by wild are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is ofthe essence. Delivery and performance most be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance efp idial late deliveries, shall operate as a waiver of this provision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable mmedics, the option ofplacing this order elsewhere and holding the Sella liable for damages. However, the Sella shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence, such acts ofGod, acts ofci,il a military authodtics, governmental priorities, fires, strikes, Bond, epidemics, wars or riots provided 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 ofthe delay. 3. WARRANTY. The Seller warrants that all goods, 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 purposes intended, and perfmmed with the highest degree of care and competence in accordance with accepted standard for work of a similar nature. The Sella agrees to hold the purchaser harmless from any loss, damage or expense which the purchaser may suffer or incur on account of the Sellers breach of warranty. The Sella shall replace, repair a make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be pmwnbcd by law or by the tams ofany applicable warranty provided by the Sella after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting fmm impaled or defective work done err materials famished by the Sella. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order. the Sellers liability hereunda shall extend to all damages proximately caused by the breach ofany ofthe foregoing warranties or Stadiums. but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchases may make any changes to the terms, other than legal terns, including additions to or deletions from the quantifies originally ordered in the specifications or drawing. by verbal or written change order. If any such change ofcas the amount due or the time of pafomtance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchase, shall not be liable for any claims for anticipated profits on the uncompleted portion ofthe good and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered halo nder. 7. CLAIMS FOR ADJUSTMENT. t Any claim for adjustment most be asserted within thirty (30) days fmm the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Sella warrants that all goods sold hereunder shall have been produced, sold, delivered and fumishcd in strict compliance with all applicable laws and regulations to which the goods are subject. The Sella shall execute and deliver such documents as may be required to efmt or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are 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 m a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other parry. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items fumishcd 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 release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, effects and employees of such party. The Shcer'i contractual obligations, including warranty, shag not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or pmass covered by later, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all 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 mason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any part thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seiler shall, at its own expense and at it option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchases without liability. 16. GOVERNING LAW. The definitions ofterms used or the interpretation ofthe agreement and the tights of all panics hereunder shall be consumed under and governed by the laws ofthe State of Colomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Scllcrs Refirmarativas), on the premises clothed. 17, SELLERS RESPONSIBILITY. The Seller shall tarty on said work at Sellers own risk until the same is fully completed end accepted, and shall, in case of any accident, destination or injury to the work and/or materials before Sellars final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment are Furnished by others for installation or erection by the Seller, the Seller shall receive, unload. store and handle same at the site and become responsible therefor as though such materials and/or equipment were being famished by the Seiler under the order. IS. INSURANCE The Sella shall, at his own expense, provide for the payment ofwal crs compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order. and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also tarty comprehensive general liability including, but not limited to, contractual and automobile public liability inwmncc with bodily injury and death limits of at least 5300,000 for any one person, 5500.000 for any one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his cenerattors employees shall do any work upon the premises ofothers, the Seller shall furnish the Purchaser with a cenificam that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seiler agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers oficas, agents and employees fund and against any and all claims, losses, 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 any act, action. neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of any act. action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments Chet may be incurred by or obtained against the Purchaser or any of its or their officers. agents or employees in serer suits or other proceedings, and in case judgment or other lien be placed upon or obtained against ttie property of the Purchaser, or said parties in or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety, precautions, famish and install all guard necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all mlcs and regulations issued pursuant thereto. Revised 03/2010