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HomeMy WebLinkAbout281742 HEWLETT-PACKARD CO - PURCHASE ORDER - 9121300City of Fort Collins Date: 03/05/2012 PURCHASE ORDER PO Number Page 9121300 1of2 This number must appear on all invoices, packing slips and labels. Vendor: 281742 Ship To: MIS HEWLETT-PACKARD CO CITY OF FORT COLLINS PO BOX 101149 215 N MASON, 3RD FLOOR ATLANTA Georgia 30392-1149 FORT COLLINS Colorado 80524-4 Delivery Date: 03/05/2012 Buyer: ED BONNETTE Note: Quote Number: 7410322 Quote Name: C7000 for Arbitrator Today's Date : 2/27/2012 8:27:39 PM Created By: cindy.jacquot@lewan.com CO - STATE OF COLORADO (WSCA/NASPO) (20511 YYY31 M/WSCA) Line Description Quantity Ordered UOM Unit Price Extended Price HP QUOTE#7410322 1 LOT LS 27,989.64 BLADE SYSTEM J. WEEKS Total $27,989.64 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 ll, 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 Ordcr Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By ,,cane the City of Fen Collins is exempt from state and local (axes. Our Exemption Number is 11. NONWAIVER. 93-fW502. Federal Eceice Tax Exemption Ccnificatc of Registry 94-6000587 is registered with the Collector of Failure of the Purchaser to insist upon Strict performance of the terms and conditions hereof failure or &lay In Internal Rcvcnue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (,a), exercise any rights or rcmcdics provided herein or by Irv, failure to promptly notify the Scllcr in the carom of a breach, the neceptnnce For payment for goods hereunder or approval of Ibc design, shall not incase the Seller of Goads Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or Joe to defects of any of the ssammie, m obligations of this purchase note, and shall not he deemed a waiver of any right of the damage in transit, may be returned to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict pctfomxncc hercofor any of its rights or rcmcdics as to any such goods. regardless instructions from the City effort Collins. of when shipped. received or accepted, as to any prior or subsequent default hereunder, nor shall any pugancd oral mndificntien or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms 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 wider can nualt in 12. ASSIGNMENT OF ANTITRUST CLAIMS. nnthndzed payment on the pan of the City of Fen Collins, Umscvcr, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic poe iec, nvcmhargcs resulting from antinvol ACCEPTANCE is dependent upon completion ofzll applicable required inspection po+cedurcs. violations arc in fact borne by the Purchnscr. Theretefnre, for good cause and as consideration for executing this purchase note,. the Seller hereby assigns to the Purchaser any and all claims it may now have or hcrcaftcr Freight Tcros. Shipments must be F.O.H., City of Fort Collins, 700 Wood St.. Fora Collins, CO 80522, unless acquired under federal or state antitrust laws for such ovcrehargcs relating to the pnrtindar genes or services othencise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchnsed 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 manu6+cturem have distributing points in various pans of the country, shipment is If the Purchaser effects the Seller to correct nonconforming or defective goods by if due to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted front Invoice when Purchaser and the Seller,and the Seller thercufter indicates its inability or unwillingness to comply, the Purchaser shipments arc made burn greater distance. may cause the well, In be performed by the most expeditions means available to it, end the Seller .shall pay all costs associated with such sank. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations. ordinances and talcs of the state. municipality, territory or political subrik knot where the work is Performed. or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller funhcr agrees to hold the City of Fort Collins harmless form and against Al liability and less incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, Piles ,and requirements. Authorization. All panics to this contract agree that the representatives are. in fact. bona fide and possess full mad complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tans and conditions stated hcrcin set forth and any supplementary, or additional temu and conditions nnnexcd hereto or ineorpnntcd hcrcin by reference. Any additional or different terms and conditions proposed by seller arc objected Pond hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your premised delivery date as noted. Time is of the essence. Delivery and performance must he effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance o(pnrtial late deliveries, shall operate ns a waiver of this provision. In the want of fry delay. the Purchaser shall have, in addition to other legal and equitable rcmcdics, the option of placing this enter elsewhere ,and holding the Seller liable for dmmigcs. Hosreven the Seller shall not be liable for damages as a result of delay, due to causes not reasonably foreseeable which arc beyond its reasonable central and without its fault of negligence, ,such acts of GM. acts ofewil err military authorities, governmental priorities, fires. stokes, food, epidemics, scars or riots provided that notice of the conditions causing such deny is given to the Pmrehascr within five (5) days of the time when the Sclicr first received knowledge thereof. In the event orally such delay, the date M delivery shall be extended for the period equal to the time actually lost by reason tribe delay. 1, WARRANTY. The Seller warms that all goods, asides, materials and work covered by this order will confnno with applicable drawings, specifications, samples and/err other descriptions given. ,'ill be fit for the purposes intended, and perfumed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature The Scllcr agrees in hold the purchaser harmless form any loss, damage or expense which the Purchnscr may snifter or incur on account of the Scllcn breach of wamnty. The Seller shall replace. repair or make good, without cost to the purchaser.anv defects or faults arising within one (I) year or within such longer period of time as may he prescribed by law or by the terms ofany applicable wamnty pmvided by the Seller fiber the date of acceptance of the grads furnished hereunder (acceptance ram to be unreasonably delayed), resulting from imperfect or defective work done or materials fumished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this wamnty. Except as ethcnrise provided in this purchase order. the Sellers liability hcmunda shall emyrof to all damages proximately caused by the breach Pf any of the foregoing wamnties or guarantees, but such liability shall in no event include loss wfpmfits or loss cruse. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALT. APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal tans by written change order. 5. CI IANGES IN COMMERCIAL TERMS. The Purchaser may make any changes in the terms. other than legal terns, including additions to or deletions form the quantities originally ordered in the specifications err drawings, by verbal or .vritten change oiler. If any such change affects the amount due or the time efperfomance hereunder, an equitable adustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, tcr-minnic this agreement as to any or all portions of the ,,sots then not shipped, subject In any equitable adjustment between the panics as to any work or materials then in progress pmvided that the Purchaser shall not be liable for any claims for anticipated profit tar the uncompleted Portion of the goods and/or work, for incidental or consequential damages, and that no suchadjustment be made in horn of the SCIICT with respect to any goods which are the Scllcrs standard sack. No such termination shall relieve the Purchaser or the Scllcr of any of their obligations ns to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thiry (30) drys form the date the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seller warrants that all goods 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 incmfamtcel in agreements of this character arc hereby incorp rued herein by this reference, The Seller agrees to indemnify and hold the Purchnscr hurndcs from all costa and damages suffered by the Purchaser as a result of the Sellers failure to comply pith such law. P. ASSIGNMENT. Neither party shall assign, transfer. 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 wamnts full. clear and unrestricted title to the Purchnscr for all equipment. materials. and items fumished in performance of this agreement. free and clear of any and all liens, restrictions, rescrydints, security interest encumbrances and claims of othert, The Seller shall release the Purchaser and its contractors of any tier form all liability and claims of anv nature resulting from the performance ofsuch work, This mlcnsc shill apply even in the event of fault of negligence of file party released and shall extend In the dirccton. Officers and employees ofsuch party, The Seller's cuntrectual obligations, including wammty, shall not be deemed to be reduced, in any way. because such work is performed or caused to be performed by the Purchnscr. 14. PATENTS. Whenever the Seller is required to use any design, device. material or process cos'cred by letter, patent, trademark or copyright, th<Scller shall indemnify find save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design. device, material or pncec in connection with the contract, and shall indemnify the Purchaser for any cost, expense err damnge which it may be obliged to pay by reason of such infringement it any time during the prosccntion 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 enastifute infringement and the use of said equipment or pun is enjoined, the Seller shall, at its own expense and at its ersimm, tither procure for the Purchaser the right to continue using said equipment or pans, replace the vnmc with substantially equal but noninfringing equipment, or modify' it so it becunns noninfringing. 15. INSOLVENCY. If the Seller shall been nme insolvent or hankntpl, make an assignment for the hcncfit of creditors. appoint a receiver or trustee for any of the Scllcm property' or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW, The definitions of terms used or the infciprendion of the agreement and the rights ofall panics hereunder shall be consmed undcr nd governed by the laws of the State of Cnlomdo, USA. The following Additional Conditions apply only in cases where the Seller is In perform work hereunder. including the services of Scllcrs Rcprescntmivc(s), ran life premises ofethcrs. 17. SELLERS Rf SPONSIBILITY. The Sclicr .shall carry on said work of Seller's own risk until the same is fully camplcnd Pand accepted, and shall. in case of any aceidcal, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work al Scllcrs own expense and to the satisfxelion of the Purchaser. When materials and equipment Pare furnished by others for installation or erection by the Seller. the Seller shall receive. unload. store and handle same at file site and become responsible therefor as though such materials and/or equipment sere being furnished by the Seller under the order. 19. INSURANCE:. The Scllcr shall, at his non capense. provide for the payment of workers ewmpen,wtinn. including occnpatu nnl 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 Ian, of the sate in which the work is to he done The Seller shall also carry comprehensive gencnl liability including, but not limited in, continental and amnmobilc public liability insnrnncc with bodily injury and dcnth limit, of rat Ica., S300.000 for any one peon. e500.00a) for any one accident and pmperty damage limit per accident of S400.000. The Seller shall likewise require his contractors. if any, to pmvidc for such cet pensation and insnrnncc. Before any of the Scllcrs or his contractors employees shall do any work upon the premises ofmhem. the Seller shall burnish the purchaser with a certificate that such compensation and insnrnncc have been pmvided. Such certificates shall specify the date when such mnmensatinn nod us umnco have been pmvided. Such oci ificas, shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall he maintained until aacr the entire work is completed and accepted. 19. PROTECTION AGAINST ACCID17N IS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any rud all damage loss or injury many kind oT nature whatsoever to persons er pmperty caused by or resulting form the cxcemion Prihc work pmvided for in this purchase note, or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers. agents and cmployccs from 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 contractor.., Pricers, agents of employees. In case any suit or Other proceedings shall he brought against the Purchase,. or its officers, agents or employeesat any time on account or by reason of any act. aclion, neglect. omission or default of the Seller of any of his contractors or any of its or their officers, agents err employees as nfnuesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and ull costs, charges, nunmeys fees and other expenses, any and OF judgnunt that may be incurred by or ohtnincd against the Purchaser or any of its or their officers. ,agents or employees in such suits or other proceedings, and in case judgment err other lien be placed upon or obtained agroul the pmperty of the Purchnscr, err said panics in or as a result ofsuch suits or other pmccci ings, the Seller will .tl nnee came the same In be dissnlaed and discharged by giving bond or otherwise, The Sclicr and his contractors shall fake all safety precautions, famish 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 Occupalional Safety and Health Act of 1970 and all odes and regulations issued pursmnf thereto. Revised 07/201n