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HomeMy WebLinkAbout114178 DELL MARKETING LP - PURCHASE ORDER - 9121297PURCHASE ORDER PO Number Page City Of 9121297 1 of z Collins This number must appear ` on all invoices, packing ' 6rt slips and labels. Date: 03105/2012 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: 03/05/2012 Buyer: JAMES HUME Note: Line Description Quantity Ordered UOM Unit Price Extended Price E-Quote 1012285448316 1 LOT LS 8,953.88 Replacement Servers 2 Total $8,953.88 C3. O✓la:vQ� 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 Tcmis and Conditions Page 2 of 2 I. COMMrRCIALDETAILS. Ter exemptions. By mainly the City of Fort Collins is exempt from state and local rasa. Our Exemption Number is 11. NONWAIVER. 98-04562. Federal Excise Tax Excerption Certificate of Registry 54.6000597 is registered with The Collector of Failure of rile Purchaser to insist upon strict performance of the tcmu and conditions hcmf. failure or delay In Irderrul 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 event of a breach. the acceptance ofor payment for goods hercunda or approval of rile design, shall not rcica, c the Seller of Goods Rejected. GOODS REJECTED due to failure to meet .specification, either when shipped or due to defects of any of The wmmatics or obligations of this purchase order and shall not be deemed a oaivcr ofam, right of 'he damage in transit may be remmed to you for credit and arc not to he replaced except upon receipt of written Purchaser to insist upno strict performance hcmofnr any of its rights or remedies as to anv such goods, regardless instructions from the City of Fort Collins. of when .shipped, received or rectnod. as to any prior of subsequent default hereunder. nor shall any purpnned Our mrdifimtion or rescission of Ill is purchase order by the Purchaser operate as a waiver of any of the terms I nspeetion. GOODS arc subject to the City of Fog Collins inspection on arrival. hereof. Final Aeecptnncc. Receipt of the mcrchaadisc, services or cgoipment in response to This order can result in R. ASSIGNMENT OF ANTITRUST CLAI NIS. authorized payment on the pan of the City of Fen Collins. However, it is to he understood thin FINAL Seller and the Ptuchnscr recognize That in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applinble required inspection procedures, vii,latime; are 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 any and all claims it may now base or hereafter Freight Terms. Shipments must be F.O.R.. City Of Fen Collins, 700 Wood St. Fort Collins, CO 90522. unless acquired under fedeml or state antitrust laws for such overcharges relating to the partieuf.'n goods Or ,cervices 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 no this purchase order. bill must accompany invoice. Additional charges for packing will not he accepted. Shipment Distance. Where mar;ufncN¢rs have distributing paints in varioms pans of the country, shipment is expected form the nearest distribution point to destination, and excess freight will be deducted from Invoice when .shipments arc made form greater distance. Perri Seller shall procure at sellers sole cost all accessary permits. ecnlfieata and licenses required by all applicable laws, regulations, ordinances and roles of the state, municipality, mmdory Or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of ccadur. Seller further agees, to hold the City of Fort Collins hamlm, from and against all liability and loss incurred by them by reason of an asserted or established vinlation of any such laws. reguntions, onlinanccs, roles wad mclaimmerd,. Anthorizalion. All panics to this contract agree that the representatives are, in fact. bona fide and possess full and complete uournity to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional tcmre and conditions annexed hereto or mcm-pomted herein by reference. Any additional or different tems and conditions pmpnsed by seller are objected m and hereby rejected. 2. DEI.I V ERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of rile essence Delivery and performance must be effected wilhin the time slated on the purchase order and the documents attached hereto. No acts of the Purchasers including. o thmt lint inning, acceptance of partial late dclivedes. shall operate as a waiver of this provision. In the event Offaly delay, the Puorhnsr shall have, in addition to other legal and equitable remedies, the option ofplzcing this order clscwbetc and holding the Seiler 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 eourral and without its fault Ofacgligcnce. such act of God, acts ofcivil or military authorities governmental priorities, tires, strikes. Bond, epidemics, wars or riots provided that notice of the conditions sousing such delay is given to the Pumhamrwithin five (5) days of the time when the Seller First received knowledge thereof. In the event of any such delay. the date of ddivcry shall be extended for The period equal to the time netually lost by reason of the delay, 3. WARRANTY. The Seller oamnn that all goods, anidcs, 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 eompetenec in accordance will, accepted standards for work Of a similar nature. The Scllcr agrees to hold the purchaser harmless from any loss, dances or expense which The Purchaser may suffer or incur on account of rile Seller; breach of wammy. The Seller shall replace. repair Or ntakc good, without cast to the purchaser, any defects or faults arising within one (I) yea, Or within such longer penind of time e; may be prescribed by law or by the term of any applicable warmnty provided by the Scllcr after The the of acceptance of the goods famished hereunder (xcceptmee not to be unrcamnahly delayed). resulting From imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver array claim under this warranty. Except as otherwise pmvidod in this purchase order, the Sellers liability heremnder shall extend to all damages pmsinmtcly caused by the breach of anv of the foregoing wamnlicx or guarantee,, but such liability shall in no event include loss ofpmfits or loss ofuse. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANCES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the Icings. other than legal terms, including additions to of deletions front roc puntiry, Originally ..bred in by specifications or drawings. by verbal or .written Orange mdcr. If any Such change affects the ammunt due or the time ofperfmmance hereunder, in equitable mtiustmcat shall he made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any In all portions of the goods Then not shipped, subject to any equitable adjustment between the panics as to any w'nrk or materials then in progress provided Thal the Pmchascr shall not be liable for any claims for anticipated Froths On the uncompleted portion of the Funds and/or work, for incidental or consequential damages, and that no such adNstment he made in favor of the Seller with respect to any goods which me the Scllcrs smndaN stack. No such termination 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 whhin thirty (30) days from The date the change or tcmtinatinn is ordcmd. S. COMPLIANCE WITH LAW. The Seller wamnt.c that all goods sold hereunder shall have been produced. sold, delivered and famished in suict compliance with all applicable Imes and regulations to which the goods ire subject. The Seller shall execute and deliver such document as may be required to effect or evidence compliance. All laws and regulations required to he incorpomted 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 Purchnser ns a result of the Scllcrs failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, trai nfeq or convey this order. Or any monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE, The Seller warn at., fill, clear and unrestricted title to the Puml nser for all equipment, materials, and items furnished in perfommnec of this agreement. free and clear of any and all liens, restrictions, rccsen ations. ,security interest cncumbmnccs and claims ofighce,. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. The Purchaser directs the Seller to correct nonconfnging or defective goods by a date to be agreed upon by the Purchaser and the Scllcr, and the Seller thereafter indicates its inability m unwillingness to comply, file Purchaser may cause the work to be Pcrrnmed by the most cxpcdiflmis means axailablc to if, and the Seiler shall pay all costs associated with such work. The Seller shall release the Purchaser and its continuing; of any tic, from all liability and claims of any nature resulting from the performance of -such work. This relciesc shall apply even in the event of fault of negligence of the party' released and shall emend m the directors, off ccrs and employees of such party. The Seller's contracted obligations, including organdy. shall not be deemed to be reduced, in any way, because such work is performed or caused to he performed by The Pmchnscr. 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 room 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 shill indemnify the Purchaser fur any cost, expense or damage which if 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 goods, is in such snit held to consulate infringement and the use of .said equipment or pan is enjoined, the Seller shall. of its own expense and at its option, either procure for the Purchaser the right to continue using mid cquipmenl or parts, replace the same with substantially equal but manifringing equipment, or modify it so if becomes m niafringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankmpl, make an assignment for the benefit of creditors, appoint a receiver tar trustee for any of the Scllcrs pmpcny or business, this order may fanhwi Th be canceled by the Purchaser without liability. 16. GOVERNING LAW. The dernitions orients used or the interprclntion oflhc agree menl and the right, of all panics here m.der shall be vmstnTed under and eovcrned by'the Imes ofthc State of Colnmdo, USA. The following Additional Conditions apply only in cases where the Seller is to perfom work hereunder, including the scrviccs Of SCllcrs Rcprcscntnlive(s). on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work it Seller's own risk until the same is fully completed and accepted, and shall, in case of ony accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of The Purchaser. When materials and equipment arc famished by others for installation or erection by the Seller, The Seiler shall receive unlead. store and handle same it the site and Necomc responsible therefor as though such materials and/tar equipment were being famished by the Seller under the order. I S. INSURANCE. The Seller shall, at his corn expense. provide for the payment ofwmkca compensation, including oeeupnlional disease benefits, la it, 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 he done. The Scllcr shall also tarty comprehensive general liability includine, but not limited to. contractual and automobile public liability insurance .with bodily injury and death brow of nT lend S300.0ltn for any one person. S500.0na for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his cannactors, if any, to provide for such crnnpcesation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premiss ofmhen, the SCller shall famish the Purchaser will, a certificate that such compensation and insurance have been provided. Such certificates shall specify The Ante when such compensation and insurance have been provided. Such certificates,hall ,ecity the dmc when such compensation and insurance expires. The Seller agrees that such comtpersalion and insurance shall be maintained until after The cmirc work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes The entire re,peadbility and liability for any and all damage, loss or injury afnny kind or nature svbat,m%cr to persons or property caused by or resulting from The execution of the work pmvidcd for in this purchase over or in connection hencoith. The Seller will indemnify and hold hamlcc the Purchaser and any at all of the Purchasers offices. agents and employees from and against any and all claims. losses, damages. charges or expenses, whether direct or indirect and whether to persons Or porperry to which the Purchaser may be put or subject by mason of any act, action. neglect, omission or defru It on the pan of The Seller, any of his contractors, or any of the Scllcrs or contmclem officers. agents or employees In ease any ,soil or other proceedings shall he brought against the Purchaser. or its officers. agents or employees stray 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 it, or their oRcem, agents or employees as ifon,; d, the Seller hereby agrees to assume the defense f ictcuf fund to defend the same at the Sellers own expense, to pay any and ill costs, charges, attorneys fees and other expanses. any and ,IT judgments that may be ineomd by or ohnined against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be rinsed upon rot obtained against the property of the Purchase,, err said parties in Or as a result ofsuch suits or other proceedings, the Seller will aI once cause the same to be dissolved and discharged by giving bond m othctwise. The Scllcr and his contractors shall take all .safety precautions. (tarnish and install all guards necessary for the prevention of accidents, comply with all Imes and regulations with regmd to safety Including. but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 0312010