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HomeMy WebLinkAbout114178 DELL MARKETING LP - PURCHASE ORDER - 9117103City of art Collins Date: 11/30/2011 Vendor: 114178 DELL MARKETING LP ONE DELL WAY MS: RR1-35 ROUND ROCK Texas 78682 PURCHASE ORDER PO Number Page 9117103 1of2 This number must appear on all invoices, packing slips and labels. Ship To: MIS CITY OF FORT COLLINS 215 N MASON, 3RD FLOOR FORT COLLINS Colorado>8C Delivery Date: 11/30/2011 / Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price 12 Dell Latitude E6420 1 LOT EA 14,433.56 per quote 605314146 2 Dept share of order 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 Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com 1 LOT EA 406.96 Total $14,840.52 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 Fan Call ins is exempt man state and local taxes. Our Exemption Number is 11. NONWAIVER. 95-04502. 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 temis and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a), exercise any tights or remedies provided herein or by Inv, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to area 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 rctumcd to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hacefor any of its rights or remedies as to any such gads, regardless insmctions From the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder. nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Fort Collins inspection on arrival, herself. 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 pan of the City of Fort Collins. Howvecq it is to be understand that FINAL Seller and the Purchaser recognize that in moral economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser tiny and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Fan Collins. 700 Word St., Fort Collins, CO 80522, unles, acquired under federal or state antitnst laws for such overcharges relating to the panieular goods 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 most 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 pans of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective grads by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted fmm Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made form 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 sellers sole cost all necessary permits, oenificales and licenses required by all applicable laws, regulations. ordinances and miles 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. Seller further agrees to hold the City of Fort Collins hamalcm from and against all liability and loss incurred by them by ma,on of an asserted or established violation of any such laws, regulations, ordinances, rules and requirements. Authorization. All parties to this contract agree that the rcprcscntatives am, in fact. bona fide and passers fill and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the Icons and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by refcrccam. Any additional or dilTcrcnt term 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 promised delivery date as noted. Time is ofthe essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hcmto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver ofthis prevision. In the event ofany delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller 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 of God, act, ofcivil or military authorities. governmental prior'nics. Bros. strikes, Doom, 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 of the delay. 3. WARRANTY. The Seller wamnts that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications. samples and/or other description given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless Farm any lass, damage or expense which the Purchaser may suffer or incur on account of the Sellers bmach 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 as may be prescribed by law or by the mow warranty applicable wanty pmvidcd by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting fmm imperfect or defective work done or materials famished by the Sella. Aeocptanec or use of goods by the Purchaser shall not constitute a waiver ofany claim under this warranty. Except as mhcravise provided in Ili is purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wamntics or guarantees, 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 Putchasu may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the team. other than legal tents, including additions to or deletions from the quantities originally ordered in the specifications or dmwings. by verbal or written change We,. If any such change affects the amount due or the time ufperfarmance hereunder, an equitable adjustment shall be made. b. TERMINATIONS. The Purchaser may at any time by wntten change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment bdwcen the panics as to any work or materials then in progms, pmvidcd 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 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 teminntion shall relieve the Purchaser or the Seller 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 form the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to he incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless frond all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become duc hereunder without the prior written consent of the other parry. 10. TITLE, The Seller wamnts full. clear and unrestricted title to the Purchaser 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 release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting fmm the performance ofsuch work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, officers and employees ofmch parry. The Seller's contractual obligations, including warranty, shall not be decreed to be reduced, in any way, because such work is preformed or caused to be performed 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 indenni(v and more harmless the Purchaser from any and all claims for infringarent by reason of the use of such patented design. device, material or process in connection with the concoct, and shall indcmnify the Purchaser for tiny east, expense at damage which it may be obliged to pay by'reason of such infringement at any time during the prosecution or a0cr the completion of the work. In ease 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 mid equipment or pan is enjoined, the Seller shall, at its ram expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but nnninfringing equipment, or modify it sea it becomes noninfrfnging. 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 pmpcny, or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions nftemv, used or the interpretation ofthe agreement and the rights ofall parties hereunder shall be construed under and governed by the laws ofthe State ofColomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Ranescatativas), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Scllcr shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in case of any accident. destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Seller'., own expense and in the satisfaction of the Purchaser. When materials .and equipment are famished 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 furnished by the Scllcr under decoder. IS. 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 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 carry comprehensive general liability including, but not limited to, contractual and automobile public liability iasuranec with hadily injury and death limits of at Icasr S300.0mt far any one person 5500,000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such eompcnsmion and insurance. Before any of the Sellars or his contractors employees .shall do any work upon the premises of others, the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compasnuan and insumnee have been provided. Such eenificates shall specify the date .when such compensation and insurance expires. The Scllcr agrees fl nt such compensation and insconce shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability far any and all damage, Jos, or injury ofany kind or nature whatsoever to persons or property caused by or resulting fmm the execution ofthe 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 offeem. agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or pmperry to which the Purchaser may be put or subject by reason of any act. action, neglect, omission or default on the part of the Scllcr, any of his contractors, or any of the Scllcrs or contractors of icas, 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 Scllcr hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, anomcys fees and other expenses. any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their affects. agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, at said panics 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, furnish and install all guards necessary for the prevention of accidents, comply with all Imes and regulations with regard to safety including, but without limitation, the Occupational Safcty and Hcalth Act of 1970 and all mles and regulations issued pursuant thereto. Revised 03/2010