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HomeMy WebLinkAbout165027 C D W GOVERNMENT INC - PURCHASE ORDER - 9121896PURCHASE ORDER PO Number Page City of PURCHASE 9121896 ' of s ' `tChis number must appear ` Collins1 1�7 on all invoices, packing slips and labels. Date: 04/02/2012 Vendor: 165027 Ship To: MIS C D W GOVERNMENT INC CITY OF FORT COLLINS 230 N MILWAUKEE AVE 215 N MASON, 3RD FLOOR VERNON HILLS Illinois 60061 FORT COLLINS Colorado 80524-4 Delivery Date: 04/02/2012 Buyer: ED BONNETTE Note: PER QUOTE #CQLW261 DATED 3/27/2012. PLEASE SHIP TO ATTN: JOSH HARCOURT. Line Description Quantity UOM Unit Price Extended Ordered Price CDW-G QUOTE#CQLW261 1 LOT LS 6,755.44 J. HARCOURT Total $6,755.44 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 11, 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 fmm sure and local taxes. Our Exemption Number is 11. NONWAI VER. 984Id502. Federal Excise Tax Exemption Certificate of Registry IN-6000587 is mgidered with the Collector of Failure ofthe Purchaser to insist upon strict performance ofthe toms and conditions hereof, failure nr delay to Internal Revenue. Denver, Colorado (Ref Colorado Revised Statutes 1973. Chapter 39 26. 114 (a). exercise any rights or remedies pmvidcd herein or by law, failure to promptly unify the Seller in the sweat of a breach, the acceptance ofor payment for goods hereunder M approval of the dcxign, shill not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any Of the wamntics err Obligations of this purchase order and shall not be deemed a waiver Of any right Of the damage in transit. may be returned to you for credit and arc not to he replaced except upon receipt of written purchaser to insist upon strict performance hereofor any of its rights or rcmcdics as to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as In any prior or subsequent default hereunder, nor shall any purported onl modification 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. haenf. Final Acceptance. Receipt of the merchandise, novices 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 Howcvcr, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic poetise. Overcharges resulting fmm antitrust ACCEPTANCE is dependent upon completion Ofall applicable required inspection pmcccures. violations are in fact borne by the Purchaser. Theretofore, for good cause and as consideration for eseeufing this purchase onler. the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Fort Collins. 700 Wood St., Fort Collins. CO 80522, unless acquired under federal or state antitrust Imes for such overcharges rclating to the particular goods Or services otherwise specified on this order. If pcommin l is given to prepay freight and charge separately, the original freight purchased or nequirod by the Purchaser pursio nt to this purchase Order. bill must accompany invoice. Additional charges for packing will not he accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufnctuerr have distributing points in various parts of the country, shipment is If the Purchaser direct the Seller to correct nonennfoming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purcluser and the Seller, and the Seller therm Oar indicates its inability Or unwvillingnexs to comply. the Purchaser shipments are made fmm greater distance. may cause the work to be performed by the most expeditions means available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall proeurc at sellers sole cost all necessary permits. eenifieates and licenses required by all applicable laws, regulations. ordinances and rules of the state, municipality, territory or political subdivisinn 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 harmless Form and against all liability and loss incurred by them by reason of an asserted Or established violation of any such laws, regulations, onlinanees, rules and rcgnitcmcrts. Anharioltion. All parties to this contract agree that the representatives arc, in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order cxprecly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto err incorporated herein by reference. Any additional or different terms and conditions pmposcd by seller arc objects(] to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCIIASING AGENT immediately if you cannot make complete shipment to mrive on your premised delivery date as noted. Time is of Poe essevice. Delivery and pMOrmanec most he effected within the time stated on the purchase order and the docamcnts ."ached hereto. No acts of the Purchasers including, without limitation, acceptance of partial life deliveries, shall operate as a waiver of this provision. In the event of am delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order ckewhere 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 are beyond its reasonable control and without its fault of negligence. such acts of GM. acts ofeivil or military authorities, gm cmmental priorities, fires, strikes, flood, epidemics, wears or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days ofthe time when the Seller first received knowledge thereof. In the event crony such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason oflhe delay. 3. WARRANTY. The Seller warrants that all goods, articles. materials and work covered by this order will conform wish applicable drawings, specifications, samples andlor other descriptions given, will he fit for the purposes intended, and performed with the highest degree of cam and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser hamlcss form any loss, damage or expense which the Purchaser may suffer or incur on account ofthe Sellers breach of wamnty. The Seller shall replace, repair or make good, wilhmt cost to the purchaser, any defects or faults arising within one (I) yem Or within such longer period of time as may be prescribed by law or by the terms crony applicable warranty provided by the Seller rOcr the date of acceptance of the good furnished hereunder (acceptance not to be unreasonably delayed), resulting front imperfect or defective work done or materials fimisfu d by the Seller. Acceptance or use of gook by the Purchaser shall not constitute a waiver ofany claim under this wamnty. Except as otherwise pmvidcd in this purchase order, the Sellers liability hcrcundcr shall extend ro all damages proximately canscd by the breach of any of the foregoing wamntics or guarantees, but such liability shall in no event include loss ofpmfits or loss arose. 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 toms. other than legal terns, including additions to or deletions fmm the quantities originally ordered in the speeifiemions or drawings, by verbal or written change order. If any such change affects the amount due or the time ofperfomanee hereundar. an equitable adjustment shall he mode. 6. TERM INATIONS. 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 Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of rile 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 gorzk which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Scllcr array of their obligations as to any good delk Bred hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be astencd within thirty (30) days fmm the date the change or elimination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall hays been produced, sold. delivered find furnished in strict compliance with all applicable laws and regulations to which the good are subject. The Seiler shall execute and deliver such documents as may be required to effect or c%idence compliance. All laws and regulations required to be incorporated 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 Purchaser as a result ofthe Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, tmmfcr, or convey this order, or any monies due or to become due hereunder without the prior nTittcn consent of the other pan. 10. TITLE. The Scllcr w:amnts full, clear and unrestricted tide to the Purchases for all equipment materials, and items furnished 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 front the perfnmancc ofsuch work. This release shall upply even in the event of fmdt of negligence of the party rcicuscd and shall extend to file directors, officers and employees of such party. The Seller's contractual obligations, including tvf minty, shall not be deemed to be reduced, in any way, because .such work is perfomed or caused to be performed by the Purchaser. 14. PATENTS. Whcncver the SCIIcr is required to use any design, device, mnicriil or process covered by letter, patent, trademark or copyright, the Se11er shall indemnify and .cave harmless the Porchaser from aneroid all claims for infringement by reason of the use Of such patented design, device, material of 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 alter the completion of the work. In earn 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 Seller shall, at its torn expense and at its option, either procure for the Porchnscr the right to continue using said equipment or pans, replace the same with substmainlly equal but noninfringing equipment or toodify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolycm or bankrupt make an assignment for the benefit of creditors. xppninl a receiver or trustee for any of the Sellers property or business this order may forthwith be canceled by the Porchnscr without liability. 16. GOVERNING LAW. The definitions oftemis used or the interpretation Tribe agreement and the rights Trill parties hereunder shill be consfmod under and governed by the laws ofthe State of CTlomdo. USA. The following Additional Conditions apply only in cases where the Seller is in perfo ni work hereunder. including the services ofSellers Represcntntivc(s), on the premises Troffers. 17. SELLERS RESPONSIBILITY. The Seller <hall carry on said work at Seiler's own risk until the same is fully completed and accepted, and shall. in case of any accident, deanuction or injury to the work and/or matainls before Sellers final completion and acceptance, complete the work at Seller's men expense and to the satisfaction ofthe 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 al the site and become responsible themfor as though such materials and/or equipment were being furnished by the Seller order the order. 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 Imrs 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 insurance with hodily injury and death limit% of at (cast $300,000 for nay One person, S500,000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his eonttamors, if any, to provide for such compensation and insurance. Before any of the Scllcrs or his contractors employers shall do any work TO the premises ofothers, the Seiler shall furnish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall .specify the date when such compensation and insurance have been pmvidcd. Such cent ificater shall specify the date when such compensation and insurance expires. The SCIIcr ugrecs that such eompemono n and insurance shall he maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES, The Seller hereby r oracs the entire responsibility and liability for any and all damage, loss or injury crony kind Or nature whatsmxvct to persons or property caused by or resulting Form 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 r all of the Purchasers oReers, agents and employees Tom and against any and all claims, losses, damages, charges or expenses, trhether direct or indirect, and wherhcr to persons or pmperty 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 Sellers or contractors omeers, agents or employees. In ease any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any firm 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 figrccs to assume the defense thereof and m defend the srmc at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses. any and all judgments that may be incurred by or obtained 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 placed upon or Obtained against the pmperry ofthc Purchaser. or said parties in or as a result oCcueh suits or other proceedings. the Seller will at once cause the same to be dissOhcd and discharged by giving bond orotherwisc. The Seller and his contractors shall take all safety precautions, furnish and install all guards necessary for the prevention of accidents. comply wilh ill laws and regulations with rcganl In safety including. but without limitation, the Occupational Safety and (health Act of )970 and all rules and regulations issued pursuant Iherelo. Revised 03/2010