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HomeMy WebLinkAbout114178 DELL MARKETING LP - PURCHASE ORDER - 9122439PURCHASE ORDER PO Number Page City Of 9122439 ' of z `t This number must appear Collins1 on all invoices, packing slips and labels. Date: 04/26/2012 Vendor: 114178 Ship To: MIS DELL MARKETING LP CITY OF FORT COLLINS ONE DELL WAY 215 N MASON, 3RD FLOOR MS: RR1-35 FORT COLLINS Colorado 80524-4 ROUND ROCK Texas h682 z s Delivery Date: 04/26/2012 Buyer: JAMES HUME Note: 2012A lease purchase Line Description Quantity Ordered UOM Unit Price Extended Price 55 - OptiPlex 790 1 LOT EA 44,275.00 A Quote 618703330 `' Total $44,275.00 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 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 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt fmm state and local taxes. Our F,xempnirn Number is 11. NONWAIVER. 99-04502. Federal Excise Tax Exemption Certifinte of Registry 84-6000587 is registered .with the Collector of Failure of the Purchaser to insist upon strict performance of the tears and conditions hereof failure or delay to Internal Revenue, Denver. Colorado (Rd. Colorado Revised Statutes 1973. Chapter 39-26. 114 td) exercise any rights or remedies provided herein or by law, failure to premp ly notify the Seller in the event of a breach, the acceptance ofor payment for goods hvcnndtt or approval ofthe design, shall not release the Seiler of Goods Rejected. GOODS REJECTED due to failure to meet sin cific.lioa, either when shipped or due to defects of any of the seam fires or obligations of This purchase order and shall not be deemed a waiver of any right of the damage in transit, may be reamed to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance hercefor any of its rights or remedies ns to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted. is to any prior or subsequent default hereunder, nor shall any purported rail modification no rescission of this purehac order by the Purchnscr operate .as a waiver of any of the terms Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNM ENT OF ANTITRUST CLAI MS. authorized payment on the part 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 from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seiler hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments most be F.O.H., City of Fort Collins. 700 Woad St.. Fort Collins, CO 90522, unless acquired under federal or state antitrust Imes for .such overcharges relating to the particular goods or services otherwise .specified on this Oder. 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 oat he accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various parts of the country. shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a dote to be agreed upon by the expected fmm the nearest distribution point to destination. and excess freight will be deducted from Invoice when Purchaser and the Scllcr, and the Seller thereafter indicates its inability or unwillingness to comply. the Purchaser shipments are made from greater distance. may cause the ,work to be performed by the most expeditious means available to it and the Seller shall pay all casts isocimcd with such,ark. Permits. Seiler shall pmcna, at callers sole cost all necessary permits, certificates and licenses required by all applicable Laos. regulations. ordinances and rates of the suite, municipality, territory or political subdivision ,lyre the work is perforated, or required by any other duly communed public authority having jurisdiclion mer nhc work of vendor. Seller further agrees to hold the City of Fort Collins hamlcss from and against all liability and Loss incurred by them by reason of an asserted or established violation of any such Inos, regulations nnli imces, rules and mcu inments. Authorization. All parties to this contract agree that the representatives are. in fact. bona fide and possess full and complete nothority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the ucros and conditions stated herein set (rant and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additinnal ordilfercm terms and conditions proposed by sellcram objected to and hereby rejected. 2. DELIVERY, PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive na your premised delivery date as noted. Time is ofthe essence. Delivery and performance must be effected within the lime stated on the purchase order and the documents attached hereto. No acts of the Pnrchams including, without limitation, acceptance of partial Ire 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 ofplaeing this order elsewhere and holding the Scllcr liable for damages. However. the Seller shall not be liable for damages is a result of delays due to causes not reasonably foreseeable which am beyond its reasonable control and without its fault of negligence, such acts of Gad, acts ofeivil or miliary authorities, governmental prim itica, fires strike, Bond, epidemic,, wars or rims prvided that notice of the conditions causing such delay is given to the Purchnscr 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 he extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable dnnvings, specifications, samples and/or other descriptions given, will be fit far the purpose, intended, and pMormed with the highest degree of care and competcvice in accordance with accepted standards for work of a similar mute. The Seiler agrees to hold the purchaser hamlcss fmm any Loss, damage at expense which the purchaser may sulTer or incur on account ofthe Scllcrs breach of wamny. The Seiler shall rcplacc, repair are make good. without cost to the purchaser, any defects or faults arising within ma, (1) year or within such longer period of time as maybe prescribed by Inv or by the arms of any applicable wamnty, provided by the Scllcr ancr the date of acceptance ofthe good fumished hereunder (acceptance not to be unreasonably delayed). resulting from imperfect ar defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this warmnty. Except as otherwise provided in this purchase order, the Scllcrs liability hereunder shall extend to all damages proximately, caused by the breach ofany ofthe foregoing ,ninnies or guarantees, but such liability shall in no evem include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALLAPPLY. 4. CI IANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Punhaur may make any change, to the arms, other than Legal toms, including additions to or deletions from the quantities originally ordered in the specifications or drawings. by verbal or written change relict. If any such change affects the amount due or the time ofpuformanee hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by wlinen change order, terminate this agreement as to any or ill portions of the gmL then not shipped, subject to any equiable adjustment between the parries 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 the goods and/or work. for incidental or consequential damages, and that no such adjustment be made in fawn, of the Seller with respect to any goods whichmer the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods ddh ,,red hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thin (30) days front the date the change or termination is odcnd. A. COMPLIANCE WITH LAW. The Seller wamnt that all goods sold hereunder shall have been produced, sold, delivered and burnished in strict compliance with all applicable lases and regulations to which the goods are subject. The Seller shall expose and deliver such decuumms a may be required to effect Or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are bacbv incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless firm all costs and damages suffered by the Purchnscr as a result of the Sellers failure ro comply with such law. 9. 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 Seiler worm, fix fit] 1. clear and unrestricted title to the Purchaser for all equipment, criteria Ls, and items fumished in performance of this agreement free and clear of any and all liens, restrictions. reservations, security interest encuadvari and claims of others. The Seller shill release the Panhaser and its contractors of any net (rant Al 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 ctopluyca of sock party. The Seiler', cumfictuil obligations including wamnty, shall not be deemed to he reduenl, in any wry, because such work is performed or caused to be perfumed by the Purchaser. 14. PATENTS. Whenever the Seiler is required to use tiny design. device, material or process covered by letter. patent trademark or copyright the Seller shall indemnify and save harmless the Purchnscr (ram 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 shall indemnify the Puchaser for any cost, expense or damage which it anv be ohliged to pay by reason of such infringement at any time during the prosecution or ancr the completion o(the work. In case said equipment of 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 par is enjoined, the Seller shall, at its own expense and at it option, either procure for the Purchaser the right to continue using said equipment or parts replace the same with substantially equal but mninfringing equipment or modify it so it becomes noninfringing. 15. INSOI. V ENCY. If the Seller shill hcmme insolvent or bankrupt makc can assignment for the benefit of creditors, appoint a receiver ar trustee for any of the Seller, property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftemw used or the interpretation oflhe agreement and the rights ofnll panics hereunder shall be consumed under and governed by the laws ofthc State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Represenalive(s), oa the premises of others. 17. SELLERS RESPONSIHILI FY. The Seller shall carry on said work at Sellers own risk until the mine is fully completed and accepted, and shall. in ease of any accident destruction or injury to the work and/or materials before Scllcr's final completion and nccepance. complete the work at Seller's non expense and to the satisfaction of the Purchaser. When materials and equipment arc fumished by others for installation or erection by the Seller, the Seller shall reeciwa unhand. store and handle same cat the site and become responsible therefor as though such materials and/or equipment seer, being furnished by the Scllcr under the coder. IS. INSURANCE. The Seller shall, m his own cxpcnsc, provide for the payment of workers congwasition, including occupational disease berefila to it, employee, employed on or in connection with the work covered by this purchase order. and/car to their dependents in accordance with the Imes of the state in which the work is in be done. The Seller shall also tarty comprehensive general liability including, but not limited to. contractual and automobile public liability insurance .with bodily injuryand 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. Before any of the Sellers or his contractors employers shall do anv 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 compensation and insurance have been provided. Such certificates shall specify the date when .such compensation and insurance expires. the Seiler agrees that such compensation and insurance shall he maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby asstones the entire responsibilityand liability for nay and ill donage. loss or injury ofany kind or nature whatsoever to persons or Property caused by or resulting from the execution ofthe work perided for in Ibis purchase order or in connection herewith. The Seller will indemnify and hold hnrcrlcss the Purchaser and any r nit of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, chnrgcs or expenses, whether direct or indirect, and whether to persons or pmpernv to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pin of the Seller, any of his contractors or any of the Sellers or contractors officers, agents or employees In case any snit or other proceedings shall be brought against the Purchaser. or its officers. agents or employee, many time on accmtm 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 aRccrs, agents ar employees as foresiid, the Seller hereby agrees to .assume the defense thereof and to defend the same at the Sellers own cxpcnsc, to pay any and all costs, chnrgcs, attorneys fees and other expenses. any and all judgments that may he incurred by or obtained against the Purchawr or any of its or their officers. agents or employees in such sail or other proceedings, and in ease judgment or other lien be placed upon or obtained against the property of the Purchfser, or said panics in or as a result of such suits or other perccedings. the Scllcr swill at once cause the more to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shill take all safety precautions, famish and install all gtnds necessary for the prevention of accidents. comply with all Laws and regulmions With regard to sifety including, but without limitation, the Occupational Safety and Health Act of 1970 and all mlcs and mgndationx issued persuam therein. Revised 03/2010