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HomeMy WebLinkAbout114178 DELL MARKETING LP - PURCHASE ORDER - 9122440PURCHASE ORDER PO Number Page City OfCollins � 9122440 ' of s `t Coll` i ns This number must appear 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 78682 Delivery Date: 04/26/2012 Buyer: JAMES HUME Note: 2012A lease purchase Line Description Quantity Ordered UOM Unit Price Extended Price 57 - Dell Latitude E6420 1 LOT EA 76,521.36 Quote 617167656 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 Total Invoice Address: .36 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Ordcr Terrns and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By stumte the City of Fm-t Collins is exempt fmm state and local taxes. Our Exemption Number is 11. NONWAI VER. 98.0-1502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is rcFi.dcrcd with the Collector Of Failure Of the Purchaser to insist upon strict performance of the terms and condition., hereof, F ilurc or delay to Internal Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a). exercise any rights or rented ins provided herein or by law, failure to promptly reli fy the Seller in the event of a brefeh, the acceptance of or payment for goods hereunder Or approval of the design, shall not release the Set ler of Goods Rejected. GOODS REJECTED due to failure to ned specifications, either when shipped or due to defects of any of the wammics or obligations of Ill is purchase order and shall not be deemed a waiver Of any right of the damage in transit, may be renamed to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict perfmmiance hereof or any of its rights or remedies as to any such goods, regardless instntetions fmm the City of Fort Collins. of when shipped, received or accepted, us to any prior or subsequent default hereundernor shall any purported Oral modification or rescission of Ih is purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS am 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 I'_. A SS IGNM ENT OF ANT ITR UST CLA I MS. authorized payment on the pan of the City of Fort Collins, Hoacvcr. 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 parcedurcs, violations arc in fact hone by the Purchaser. Theretofore. for goad cause and as consideration for executing this purchase order, the Scllcr hereby assigns to the Purchaser any and all claims it may nmv have or hereafter Freight Terms. Shipments most be F.O.B., City of Fort Collins. 700 Wood St.. Fort Collins, CO 80522. vnluss acquired trader federal or state antitrust Imes 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 Plmhnser pursuant to this purchase order. hill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in carious parts of the eonntrv, shipment is expected farm the nearest distribution point to destination, and excess freight will be deduded from Invoice when shipments arc made Farm greater distance. Permits. Seller shall procure aI sellers sole rest all necessary Permits. cenificaes and licenses required by all applicable laws, regulations, ordinances and roles of the state. municipality, territory or political suhtiy ision 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 harmles fmm and against all liability and Inns incurred by them by reason of an asserted or eseblishcd , admin. of any such laws, mgubatinns, onlinanees, mlcs and requirements. Authorimatimn. All panics to this contract agree that the representatives are. in fact. bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein sd forth and any supplementary or additional temp and conditions annexed hereto or incorporated herein by reference. Any additional Or different terms and conditions proposed by seller arc Objected to and hereby rejected. a_. DELIVERY. PLEASE ADVISE PURCIIASING AGENT immediately if you cannot make complete shipment to ,nice on your premised delivery date as noted. Time is ofthe essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Pnrchaxers including, without limitation, acceptance of partial late deiverics, shall Operate as a waiver of this Provision. In the event rifmv delay, the Purchaser shall have, in addition to other kcal and equitable remedies the option Of placing this ceder el,cwhem and holding the Seller liable far 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 without its fault ofnegIccloce, such acts of God. act, ofcivil or military authorities governmental priorities, fires. strikes Rood, epidemics wars or riots provided that notice of the conditions causing such delay is given to the Purchaser 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 be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all good. articles materials and work covered by this order will eonfonn with applicable drawings specifications simples and/or other descriptions given, wi11 be lit 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 agree, to hold the purchaser harmlcs from any loss. damage Or expense which the Purchaser may suffer or incur on account ofthe Sellers breach of wamnty. The Seller shall replace, repair ar make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be proscribed by law or by the terms ofany applicable ssamnty provided by'the Seller after the date of acceptance of the grads fumished hemander (accepancc not 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 firmly claim under this warranty. Except as otherwise provided in this purchase order, the Scllcrs liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wammics or guarantees. but such liability shall in no event include Ins efpmfits or loss of a e. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANCES IN LEGAL TERMS. The Purchaser may make changes to legal toms by written change order. 5. CHANGES IN COM hI RRCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions fmm the quantities originally ordered in the specifications or drawings, by verbal or wrinen change order. If any such change affect, the amount due or the time ofperformance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the good then no shipped, subject to any equitable adjustment bchvecn the panics as to any work or materials then in progress provided that the Purchaser shall not Ix liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, for ineidencl or consequential damages, and that no such adlnstmcal be made in favor of the Seller with respect to any goods which are the Scllcrs standard stock. No such mi-ruination shall relieve the purchaser or the Seller of any of their obligations as to any goods del ivcrcd hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must he asserted within thirty (30) dos fmm the date the change or termination is ordered. A. COMPLIANCE WITH LAW. The Seller wormnts 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. T'he Set let shall execute and deliver such documents m may be required to effect or evidence compliance. All lawsand regulations required to be incorporated in agreements of This character arc hereby incorporated herein by this reference. The Set let agaves to indemnify and hold the Purchaser harmless fmm all costs and damages suffered by the Pu rchascr as a result of the Scllcrs failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign. transfer, or convey this order, or any monies due or to become duc hereunder without the prior written consent of the other party. 10. TITLE. The Seller wamms fit 1. clear and unrestricted title to the Purchaser for all equipment, materin 1%, and items furnished in performance of this agreement free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of athcrs. 13. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaar directs the Seller to correct nonconforming Or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the SCllcr thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expedition, means available to it, and the Seller shall ryry all costs associated with such work. The SCllcr shall release the Purchaser and its contractors of any tier Tom all liability and claims of any n,army resulting from the pafomtance ofsuch work. This release shall apply even in the dent of fault of negligence of the party released and shall extend to the directors, offcco and employees ofsuch Party. The Sellers committal obligations, including wamnty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be perfnmud by the Purchaser. 14. PATENTS. Whenever the Seller is required in use any design, device, material or process covered by letter. poem trademark or copyright, the Seller shall indemnify and save harmless the Purchaser fmm any and all claims for infringement by reason of the use of such Patented resign, device, material or pmce,s in connection with the contract, mad .shall indemnify the Purchaser for any cosi, 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 equipnment or any part thereof or the intended ue of the goods, is in such suit held to constitute infringement and the use of ,fill equipment at Pan is enjoined, the Seller shall, at its own expense and at its option, either proctor for the Purchaser the right to continue using mid equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller nhall become iusolvcnt Or bankrupt, make an assignment for the berefit of creditors. appoint a receiver or tmstcc for any of the Sellers property or business, this order may fnnhwith he canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftemss used or the intcrprctatio n ofthe agreement and the rights ofall panics Imraindcr shall be con,stned under and governed by the lows ofthe State of Colorado, USA. The fallowing Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the sen'ices of Sellers Reprcsentntive(s), on the pmedws of athcrs. 17. SELLERS RESPONSIBILITY. The Scllcr shall cam on said work at Seller's own risk until the same is fully completed and accepted. and shall, in case Of any accident destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Seller., own expense and to the satisfaction fthe Purchaser. When material, and equipment are fumished by others for installation or erection by the Seller. the Seller shill receive, unload, store and handle same at the she and become responsible therefor as though such materials and/or equipment were being fumished by the Scllcr tmtl r 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 laws 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 bodily injury and death limits of at least S300.000 for any one person, S500.04I0 for any one accident and prnPcm 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 employees shall do any work upon the premises of athcrs, the Seller shall famish the Purehascr with if ecrtificatc thin such compensation and insurance have been provided. Such ceniticims shall specify the date when such enmpensation and immanee have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation unit insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for tiny and all damage dos or injury ofnny kind or nature whttsuever to persons or pmperty caused be or resulting fmm the execution of the work pmvidcd for in this purchase order or in con nectinn herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Purchasers effects, agent, and cmplovccs fmm and against any end all claim,. losses, damages, charges or expenses, whether direct or indirect, and whether to persons or pmpeny to which the Purchaser may be pnt or ,uhjcct by reason of any act action, neglect, omission or dCOndt on the pan of the Seller, any of his ca.docims, or any of the Sellers or contractors oRecrs. agents or employees. In case any suit Or other proceedings shall be brought against the Purchnscr, or its officers, agents or employees at any time oil account or by reason of any act, action, neglect omission or default of the Scllcr ofnny of his contractors or any of its or their ofli agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all crisis, charges, anomcvs fear 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 caw judgment or other lien be placed upon or obtained against the property of the Purchase, or said panics in or as a result ofsuch suits or other pmecodingz. the Seller will at once cause the same to be dissolved and discharged by giving bond orothenvise. The Seller and his contractors shall take all safety precautions, famish and install all guards necessary for the prevention of accidents, comply with all Ines and regulations with regard to safety including but wilhont limitation, the Occupalionfl Safety and Health Act of 1970 and all tales fad rcEndations issued pu suent thereto. Revised 0312010