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HomeMy WebLinkAbout114178 DELL MARKETING LP - PURCHASE ORDER - 9117177City of F�ort Collins Date: 12102/2011 Vendor: 114178 DELL MARKETING LP ONE DELL WAY MS: RR1-35 ROUND ROCK Texas 78682 PURCHASE ORDER PO Number Page 9117177 1of2 This number must appear on all invoices, packing slips and labels. Ship To: TRAINING FACILITY POUDRE FIRE AUTHORITY 3400 WEST VINE FORT COLLINS Colorado 80521 Delivery Date: 12/02/2011 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price E-Quote 1005715719512 1 LOT LS 16,853.76 PC's Total $16,853.76 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 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 fmm state and local taxes. Our Exemption Number is 98-04502. Federal Eucise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Intemal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 an. Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in mmit. may be rammed to you for credit and am not to be replaced except upon rceeipt of written instructions franc the City of Fen Collins. Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival 11. NONWAIVF.R. Failure of the Purchaser to insist upon strict pairso ante of the tams and conditions hereof, failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval of the design. shall not release the Sellerof any of the wamntics or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance herenfor any ofits rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported am] modification or rescission of this purchase order by the Pnnhaia operate as n waiver affray Of the tams hereof. Final Acceptance. Receipt of the merchandise, services or equipment in msparrte to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan 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 form antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures, violations are in fact hams be the Pirchasa. Theretofate, for grad cause and as consideration for cxecating this purchase oiler. the Seller hereby assigns to the Purchaser any and all claims it may new have or havaner Freight Tears. Sh ipmcnt must be F.O.R., City of Fort Collins, if10 Wood St.. Fort Collins. CO 90522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular 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 must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS, Shipman Distance. Where manufacturers have distributing points in various pans of the country, shipment is If the Purchaser directs the Seller to cancer nonconforming or defective goods by a dote to be agreed upon by the expected fmm the nearest distribution point to distinction, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness In comply, the Purchaser shipments ore made fmm greater distance. may cause the work to be perfumed by the most cxpcditmui means available to il, and the Seller shall pay all costs as,ocimcd with such work. Permits. Seller shall procure at sellers sale cost all necessary permils, certificates and licenses required by all applicable Imes, regulations. ordinances and mles of the state. municipality, territory ar political subdivision whcrc the work is perfomred, or requited by ray other duly constituted public authority having jurisdiction over the work of vendor. Seller Further agrees to hold the City of Fort Collins harmless from and against all liability and loss incumd by them by reason of an asserted or established violation of any such laws, regulations. ordinances, rules and regairromms. Anhoriation. All panics to this contract agree that the representatives am, in fact, bona Ede and possess fill and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions .ctatal hcrcin set forth and any supplementary or additional toms and conditions annexed hereto or incorporated herein by reference. Any additional or different toms and conditions pmposed by seller are objected to and hereby rejecual. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immedir ch, if you cannot make complete shipment to amrc Oa yen, promised delivery date as noted. Time is of the essence. Delivery, and performance most be effected within the time stated oa the purchase order and the documents attached horcm. No acts of the Purchasers including, without limitation, acceptance in -partial late deliveries, shall operate as a waiver of this provision. In the event array 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 Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and mithmrt its fault of negligence. such acts of Gad. acts ofeivil or military authorities, governmental priorities, fires, strikes. 0md. epidemics. wars or riots provided that notice of the conditions taming such delay is given to the Purchaser within five (5) days ofthc 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 last by reason of the delay. 3. WARRANTY, The Sella wamnt 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 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 from any loss, damage or expense which the Purchaser may suffer Or incur On toemon Of the Sellers breach of wamnty. The Seller shall replace, repair or make good without cost to the purchaser. any defects or faults arising within one (I) year or within such longer period of time as may be prescribed by law or by the arms of any applicable warranty provided by the Seller after the date of acceptance of rife goods furnished hereunder (acceptance not to be unreasonably delayed), resulting front imperfect or defective work done or materials Famished by the Seller. Acceptance or use of grads by the Purchaser shall not constitute a waiver ofany claim under this wamnty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach array of the foregoing warm Ones or guarantees, but such liability shall in no event include loss ofpMfits or loss Of usc, NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal toms by sairtcn change order. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the Runs, other than legal terms, including addition, to or deletion, from the guamitiv, originally ordered in the specificmimc Or drawings, by .Moil Or written change ardor. If any such change affects the amount due or the time ofpnformance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by writer, change order, terminate this agreement as to any or all portions of the good then not shipped, subject to any equitable adjustment between the panics as to any work or mnerials 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 mark, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any good which arc the Sellers standard stock. No such tarnation shall relieve the Purchaser nr the Seller of any of their obligations as to any goacts delivered hereunder. The Seller shall release the Purchaser and its antractors of any tier from all liability and chins of any nature resulting from the perfamanec of such work. This rclersc shall apply even in the event of fault of negligence of the party released and shall exlend v, the directors, Officers and employees of such parry. The Seller', contractual obligations, including warm my, shill not be deemed to be reduced, in any way, because .catch work is paromued Or caused to be performed bylhe Purchaser. 14, PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Scllcr shall indemnify and sae hamlet the Purchaser from any and all claims for infringement by reason of the use of such pat rated design, device. material or proeca in connection with the contract, and shall indemnify the Purchaser for any cast, 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 thereof or the intended use of the good, 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 Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment. at modify it so it becomes noninfringing. I5. INSOLVENCY. If the Seller shall became insolvent or hankmpt make an assignment for the benefit of creditors, appoint a former or uu,mc for any of the Sellers property or business. this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW, The definitions of terms used or the interpretation ofthe agreement and the right ofall parties hereunder shall be conmmd under and governed by the laws ofthe State of Colondo. USA. The following Additional Conditions apply only in cases whcrc the Sella is to perform work hereunder. including the services of Sellers Repmsentative(s), an the premises ofathers. 17. SELLERS RESPONSIBILITY. The Sella ,hall carry on said work at Scllcrs own risk until the same is fully completed and accepted, and shall, in case of oov occident, destruction or injury to the work and/or nntcdals before Seller's final completion and acceptance, complete the work at Seller's own expense and to ahe.satisfimlion of life Purchaser. When materials and equipment are furnished by others for installation or erection by the Seller. the Seller shill receive unload, ,tare and handle same at the site and became responsible therefor as though such nmtainh and/or cquipmcnt were being furnished by the Seller 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 covered by this purchase order. and/or to their dependents in accordance with the lay, of the state in which the mark is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with hodily injury and death limits of at (cast S300.000 for any one person. S500.000 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 compensation and insurance, adore any of the Scllcrs or his contractors employees shall do any work upon the premises of ethers, the Seller shall famish the Purchaser with a ccnificate that such compensation and insurance hare been provided. Stich certificates shall specify the date when such compensation and insurance have been provided. Such anifieates 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 ,ark is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella heroby arc umcs the entire responsibility and liability foram and all damage, loss or injury of any kind 7. CLAIMS FOR ADJUSTMENT. or nature whatsoever 10 persons or property caused by or resulting from the execution Ofthc work provided for in Any claim for adjustment must he nssemd within thirty (30) days from the date the change or termination is this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any Ordered. ar all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses whether direct or indirect and whether to persons or prapary to which the Purchaser may 8. COMPLIANCE WITH LAW, he put or subject by reason of any Oct. action, neglect, omission or default on the pan of the Seller, any of his The Seller warrant., that all goods sold hereunder shall have been produced, sold, delivered and famished in strict contractors, or any of the Sellers or contractors Officers, agents at employ'ees. In case any suit or other compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and proceedings shall be brought against the Purchaser. or its officers, agents or anplayces at any time an account or deliver such documetns es may be required to effect or evidence compliance. All laws and regulations required to he by reason of anv act, action, neglect, omission or default of the Seller of any arms contractors or any of its or incorporated in agreements of this character are hereby incorporated hcrcin by this reference. The Seller agrees to their Mficers, agents or employees as aforesaid, the Seller hnchy agrees to assume the defense thereof and to indemnify and hold the Purchaser hornless fmm all costs and damages su Rored by the Purehiser as a result of the defend ache sane at the Sellers own expense, to pay any and all costs charges, ittomcyc fees and other expenses, Sellers Gilure to comply with such law. any and all judgments that may be incumd by or obtained against the Purchaser or any of it or their offcas. agents or employees in such suits or other pmcccdings, and in case judgment or other lien be placed upon or 9. ASSIGNMENT. alumnal against the Property of me Purchaser, or said panics in or as a result ofsuch suits or other pmcccdings, Neither party shall assign, transfer. or convey this order, or any monies due or to become due hereunder without the the Sella will at once cause the same to be dissolved and discharged by gig ing hand Or alherwisc. The Seller and prior written consent of the other parry. his contractors shall take all safety precautions, furnish and install all guards necessary for the prevention of accidents, aply with all laws and regulations with regard to safety including, hit without limitation, the 10. TITLE, Occupational Safety and Health Act of 1970 and all odes and regulations issued pursuant thereto. The Scllawamin, full, clear and unrestricted title to the Pumhacr for all equipment, materials. and items furnished in performance of this agreement free and clear of any and all liens, restrictions, reservations, security interest Revised 03/2010 encumbrances and claims of actors.