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HomeMy WebLinkAbout114178 DELL MARKETING LP - PURCHASE ORDER - 9122562City OfPURCHASE ORDER PO Number I Page Collins9122562 ' of 2 t CThis number must appear on all invoices, packing slips and labels. Date: 05/0212012 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: 05/01/2012 Buyer: JAMES HUME Note: Line Description Quantity Ordered UOM Unit Price Extended Price E-Quote 1016203393231 1 LOT LS 4,536.57 TeleStaff Replacement Server Total $4,536.57 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 Torras and Conditions Page 2 of 2 L COMMERCIAL DETAILS. Tar exemptions. By statute the City of Fort Collins is exempt fcam state and local taxes. Our Exemption Number is 9S-0,1502. Federal Excise Tax Exemption Cer ifieatc of Registry 54-6000597 is registered with the Collector of Internal Ren¢nuc, Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39 26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications. either when shipped or due to defects of damnge in transit, may be returned to you for credit and arc not to be replaced except upon receipt of wrincn instructions firm, the City of For Collins. Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival 11. NONWAIVER. Failure ofthc Purchaser to insist ,NO strict performance of,hc Isms and conditions hcrcof, failure Or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the even, of a breach, the acceptance of or payment for goods hereunder or appmyal ofthe design. shall not release the Seller of any Of the arm allies or obligations of this purchase order and shall not be deemed a waiver of oily right of the purchaser to insist upon stric, performnncc hercefor any of its rights or remedies as many such goods, regnrrless of when shipped, received or accepted, as to any print or subsequent default hereunder, nor shall any purposed Local nmdifcn,ion or rescission of Chic purchase color by the Purchaser operate as a waiver of any of the terms hcrcof. Final Aceeptud". Receipt of the merchandise, services or equipment in response to ,his Order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fort Collins. However, it is to be nndcodand that FINAL Seller and the Purchaser recognize that in accord economic practice, overcharges resulting fmm antitrust ACCEPTANCE is dolua dcal upon completion ofall applicable required inspection procedures. violations arc in fact horse by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order. the Seller herchy assigns to the Purchaser any and all claims it may now have or hereafter Freight Trans. Sh ipmenl most be F.O.H.. City of Feat Collins, it10 Wood St. Fort Collins, CO 90522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. If parnisvion is given to pmpay freight and charge separately, the original freight purchased or r up inel 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 reanufactomm have distributing points in various parts of the country, shipment is If the Purchaser directs the Seller to correct commonfnming or defective good by a date to be agreed upon by the expected (ram the nearest distribution point to destination, and excess freight will he lnlueted from Invoice when Purchaser and the Scllcr. and the Seller thmca0cr indicates its innbili,,y Or unwillingness to comply, the Purchaser shipments arc crude fmm greater distance. may cause the work In be perfommd by the mast expeditious means available to it, and the Seller shall pay all trusts associated with such work. Pemhits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and mlcs of the state, municipality, territory or political subdivision 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 homeless fruit, and against all liability and toss incurred by them by reason of an asserted or established rinlatinn of any such Imes, regulations, onlmarnacs, rules nod regnimmcros. Authorization. All parties to this contract agree that the representatives are, in fact. bona fide and possess full and complete authority to bind mid parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional temh5 and conditions annexed hactn or incorporated herein by reference. Any additional or different terms and conditions proposed be seller are objected m and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyoo cannot make complete shipment to arrive on your prmnised delivery, date as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the doenmvnts attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries shall operate as a waiver of this prevision. In the want ofam delay, the Purchaser shall have, in addition to other legal and equitable maladies. the option Of placing this order clscwherc and holding the Seller liable for der agcs. Hmvcvcr, the Seller shall not be liable for damages its a rcsull of delays title to causes ant reasonably foreseeable which arc beyond its reasonable control and without its fruit ofncgdigence. such acts of God, acts ofcivil or military authorities. governmental prinritics, fires, strikes Hood, epidemics, woo or riots pmvidcd that notice of the conditions causing such delay is given to the Purchaser svithin five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the date Of delivery,hall be extended for the period equal to the time actually lost by reason ofthc delay. 3. WARRANTY. The Seller s arum, that all goods. articles, materials and work covered by this order will corporal with applicable drawings, specifications, samples and/or other descrfptinns given, will be fit for the purposes intended. and performed with the highest degree of care and competence in accordance with accepted mandas]s for work of a similar nature. The Seller agrees to hold the Purchaser harmless fmm any loss, damnge Or expense which the Parchascr may suffer or incur on account of the Scllcrs breach of warranty. The Scllcr Abell replace, repair or make good, without cost to the purchaser. any defects or faults arising svithin one (I) year or svithin such longer period of timers may be prescribed by law or by the terms of any applicable warranty provided by the Seller after die date of acceptance of the goods furnished hereunder (accepance not to be uamosnnably delayed 1. resulting from inhperfect or defective work done or materials furnished by the seller. Acceptance or use Of grads by the Purchaser shall not constitute a ,no,cr ofany claim under this worm. my. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages poxinmtcly caused by the breach of ray of the foregoing mammies or guarantees, bill such liability shall in no event include loss of pmfits or loss of use. NO IMPLIED WARRANTY OR MERCIIANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal temp by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purehawr may make any changes to the toms, other than legal hems, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or svriuen change enter. If any such change affects the amount due Or the time of perfomance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Parchascr 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 adjustnwet between the parties as to any work or materials then in Progress provided that the Purchaser shall net be liable for any claims for anticipated Pro i,s on the uncompleted portion of the goods and/or work, for incidental or consequential damages. and that no such adjustment he made in favor of the Scllcr with respect to any goad which are the Sellers standard stock. No such termination shall relieve the Purchnscr or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for a faranicut must be asserted within thirty (30) days from the date the change or termination is Ordered. S. COMPLIANCE WITH LAW. The Seller ,,,mats that all good sold hereunder shall have been produced. sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods are subjco. The Seller shall execute and deliver such documents rs may be required to effect or evidence compliance. All laws rod regulations required to he incnrpemted in agreements of this character me hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless front all costs and damages suffered by the Purchaser az a result of the Sellers failure to comply with .such lam. 9. ASSIGNMENT. Neither party shall alien, 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 manuals full, clear and unrestricted title to the Purchaser for all equipment. materials, and items fumished in performance of this movement. free and clear of any and all liens restrictions, reservations. security interest encumbrances and claims of others. The Sel der shall release the Pit rchnscr and its contractors of any tier from all I dolity and claims of any ,at tire resulting from the perfmm�mec of such work. This release shall apply wen in the event of fault Of negligence Of the parry rdcased and shall extend to the directors, officers and enhployccs of such party. The Scllcrs commercial obligations. including marmots shall not he doomed to be reduced. in any may. because such work is performed or caused to he perfomhed by the Purchaser. 14. PATENTS. Whcncvcr the Seller is required to use any design, device. mmcrial Or pmcc<cntered by Itter, proud, trademark or copyright, the Seller shall indemnify and .cave harmless the Purchaser from amp and all claims for infringement by reason of the use of such patented design, device. material Or pmecss in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it Lure be obliged to pay by reason of such infringement at any time during the persecution or after the completion of the work. In case said equipment. or any par, thereof or the intended use of the good, is in such suit held to constitute infringement and the use of said equipment or par is enjoined, flue Seller shall, at its wan expense and at its option. either promote ler the Purchaser the right to continue using said equipment Or parts, replace the saner with suh,mmially equal hot nonin(ringing equipment, or nmdify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankmpt, make an assignment for the benefit of creditors. appoint a receiver or trustee for any of the Sellers popery, or business, this Order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions nftcmhs used m the interpretation ofthe agreement and the rights ofall panics hercnnda shall be construct] under and I mcmcd by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Scllcrs Representative(,`). On the premises ofolhers. 17. SELLERS RESPONSIBILITY. The Seller shall cam m, said work at Seller's man risk until the .same is hd ly completed and accepted, and shall. in case of any accidcal, de"co,tion or injury to the work and/or materials before Seller's final completion and acceptance crnnplem the work at Seller's men expense and to the salisL etion of the Purchaser. When mmcrial, and equipment arc furnished by others for installation or erection by the Seller, the Seller shall receive. tmload, store and handle .same at the site and become responsible therefor as though such mmcrial,` and/or equipment were being furnished by the Seller under the order. IS. INSURANCE. The Seller shall, nt his own expense. provide far the payment of workers compensation, including occupational disease benefits. to its employees employed on or in connection with ,he work covered by this purchase order. and/Or to their dependents in accordance with the laws of the sum in which the work is to be done The Seller shall also carry comprehensive general liability including. bill not limited to, contractual and automobile public liability insunncc with bodily injury and death limits of at least 5700,000 for any one person, 5500.000 for any one accident and property damage limit per accident of $400.000. The Scllcr shall likewise require his contractors. i(any, to provide for such compensation and insurance.Before any o(Ihc Scllcrs or his centradors cmployccs shall do any work upon the premises of others. the Seller shall furnish the Parchascr with a cerifieale that such compensation and insurance have been pmvidcd. Such certificates shall specify the date when steel, compcnsmimh and insurance havchccn provided. Such certifiuucs shill specify thrdatewhen such compensation and insurance expires. The Scllcr agrees that such compensation :cod insmance shall he maintained until aner the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, ]ass Or injury of any kind Or nature whmscevcr to Persons or popery caused by or resulting fmm the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser mud any or all of the Purchasers officers. agents and employees fmm and ngmn,t any and all claims, lasses, damages, charges or expenses, whether direct or indirect and whether to persons Or property to svhieh the Purchaser may be put or subject by reason Of any act, action. neglect emission or default on the part of the Seller, any of his contmetors, or any of the sellers or contractors offiecrs. agents or employees. In case any suit or other pmccedings shall be brought against the Parchascr or its officers. agents m cmployccs at any 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 its Or their Mfuccrs, agents or employees as afom,nid, the Seller hereby agrees to assume the defense thereof and to defend the some at the Scllcrs era espense to pay any and all costs, charges, attomcps fees and other expenses any and all judgments that may be incurred by Or Obtained against the Purchnscr nr any of its nr their offices, agents or employees in ,such suits or other proceedings, and in ease judgment or other lien be placed upon or obtained gLima the property of the Purchaser. or said parties in or as a result of such suits or other proceedings, the Seller will it Once taus, the same to be dissolved and discharge([ by giving bond or Otherwise. The Seller and his contractors shall take all safety precautions, furnish and install all gourds necessary for the prevention Of accidents, comply with all Imes and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all odes and regulations issued pursuant thereto. Revised 03/2010