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HomeMy WebLinkAbout165027 C D W GOVERNMENT INC - PURCHASE ORDER - 9122672City of �.F.�ort Collins Date: 05/08/2012 Vendor: 165027 C D W GOVERNMENT INC 230 N MILWAUKEE AVE VERNON HILLS Illinois 60061 PURCHASE ORDER PO Number Page 9122672 1of2 This number must appear on all invoices, packing slips and labels. Ship To: POUDRE FIRE AUTHORITY - AD 102 REMINGTON FORT COLLINS Colorado 80524 Delivery Date: 05/08/2012 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price Network storage device Quote CRW-J683 Attn: Adam Ryan 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 1 LOT LS Total Invoice Address: 11,100.00 1,100.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DE AILS. Tux exemptions. By .statute the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Numher is 11. NONWAIVER. 98-01562. Federal Excise Tax Exemption Certificate of Registry 84-6000597 is registered with the Collector of Failure of the Purchaser to insist Upon strict peformmme, of the teats and conditions hereof, failure Or delay to Internal Revenue. Denver, Colorado (Ref Colorado Revised Statutes 1973. Chapter 39-26, 114 (a). exercise any rights or remedies provided herein Or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS RFJECTED due to failure to meet .specification, other when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be desmcd a waiver of any right of the damage in transit, may be reamed to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hereofor any of its rights or remedies as to any such grinds. regardless instructions form the City of Fort Collins. of whim shipped. received or accepted, as to any prior or subsequent default heramder, nor shall any purported oral modification or remission of this porchasc order by the Purchaser operate as a waiver of any of the tarts Inspection. GOODS am subject to the City of Fort Collins inspection on arrival, hereof. Final Acceptance. Receipt of the merchandise, mrviees or equipment in response to this order can result in 12. ASSIGNM ENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Pon 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 of all applicable required inspection procedures, violations are in foci borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, 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 Fen Collins, 700 Wood St.. Fen Collins. CO 80522. unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or sciviees otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Porchascr 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 manufacturers have distributing points in various pans of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date lobe agreed upon by the expected from the nearest distribution point to destination, and escess freight will be deducted from Invoice when Purchaser and the Sellm and the Seller thereafter indicates its inability car unwillingness to comply. the Purchaser shipments are made From greater distance. may cause the work to he performed by the most expeditious means available to it, and the Scllcr shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cost all accessary permits. certificates and licenses rcquircd by all applicable laws, regulations ordinances and rules of the state, municipality, territory or political subdivision where the work is perforl or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fen Collins harmless fmm and against all liability and Ins, incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances. roles and requirements. Authorization. All panics to this contract agree that the representatives are. in fact. bona fide and possess full and complete authority to Findsaid panics. LIMITATION OF TERMS, This Purchase Older expressly limits acceptance to the terns and conditions slated herein set forth and any supplememm, or additional terms and conditions annexed hcrcfo or incorporated herein by reference. Any additional or different fans and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to move on yen, premised delivery date as noted. Time is of the essence. Delivery and performance most be ctTccted within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including. without limitation, acceptance of partial late deliveries. shall operate as a waiver ofthis provision. In the event of any delay, the Purchaser shall have, m addition to other legal and equitable remedies the option nfplacing this order clsewhero and holding the Seller 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 anti without its fnilt of negligence, such net, of G W, acts of civil or military mnhornw,, govcrimmod priorities fires atrikcs, flood, 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 know edge thereof. In the event of any such delay, the date of delivery <holl be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods. articles, materials and work covered by this order will conform with applicable drawings, specifications samples and/or other descriptions given, will be 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 harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good. without coot to the purchaser, any defects or faults arising within one (1) year or uvithin such longer period fit time as may be prescribed by law or by the terms ofnny applicable warranty pmvidcd by the Scllcr after the date tit acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constimm a mTi er ofany claim under this warranty. Except as otherwise pmvidcd in this purchase order, the Scllcrs liability hereunder shall extend to all damages pmximatcly missed by the breach of any of the foregoing wammics or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal teats by written change order. 5. CHANGES IN COMMERCIAL TERNIS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions front the quantities originally Ordered in the specifications or drawings, by verbal or .written change order. If any .such change affects the amount due or the time of performance 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 goods then not shipped, subject to any equitable adjustment between the parties a, m any work or mmcriel, then in pmgrcss provided that the Purchaser shall not he liable for any claims for anticipated profits on the mmcomplocd portion of the 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 goods which arc the Sellers standard stock. No such termination shall relieve the Purchaser or the Seiler of any of their obligations Us to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjutment must be aesened within thirty (30) days fmm the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Scllcr warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable Imes and regulations to which the goods arc snbjeet. The Seller shall execute and deliver such documents os may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements ofthis character arc hereby incorporated herein by this rc(crmcc. The Seller agrees to indemnify and hold the Purchaser harmless firm all costs and damages suffered by the Purchaser as a result of the Sellers failure to 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 Seller warrants fill]. clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in perfommncc of this agreement, free and clear of any and all liens, rcstrietions, reservations, security interest encumbrances and claims of others. The Seller shill release the Purchaser and its contractors of any tier from all liability and claims of tiny nature mmiling from file performance Of Such work. This release shall apply even in the event of fault of negligence of the pony released and shall extend to the directors, oRcem find employees of such party. The Scllcr's contractual obligations, including warranty, shall not he deemed to be reduced, in any may. because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is rcquircd to um Uny design, device. material or process covered by letter. Pamnl, trademark or copyright, The Seller shill indemnify and save harmless the Purchaser front 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 Puehaser fnr any cost expense or damage which it may be obliged to pay by reason ofsteh infringement m any time during the prosecution or aficr the completion of the work. In cam said equipment, or any pan 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 own expense and at its Option, either procure for the Purchaser the right to continue using mid equipment or pans, replace the same with substantially equal but nnninfringing equipment, or modify it so it becnmce noninfringinu. IS. INSOLVENCY. If the Seller shall become insolvent Or bunk mpt, make an assignment for The benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may fnnhwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftemu used or the interpretation ofthe agreement and the rights ofall panics hereunder shml be consnucd under and governed by the laws ofthc State of Colorado, USA. The following Additional Conditions apply only in cams where the Seiler is to perform work hereunder. including the seniccs of Scllcrs Representalive(S), tin The premises arothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on mid work at Sellers own risk until the same is fully completed and accepted, and shall, in case of anv accident, destruction or injury to the work andor materials before Scllcrs final ccumpiction and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by the Seller, the Seller Shall rccsive. unload. store and handle same at the site and become responsible therefor as though such materials and/car equipment were being furnished by the Seller under The order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation. inelnding 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 law, 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 burst S300.010 for any One person, S500.IX10 for any one accident and pmperty 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 plenums of others, the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have been pmvidcd, Such eertifieme, shall specify the dale when such compensation and insurance have hom provided. Such certificates shall specify the date when such rempensation and insurance expires The Scllcr agrees Thal such compensation and insurance shall be maintained until x0er the entire work is completed and accepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for env adult damage. loss or injury ofnny kind or nature w'h.mUcvcr to persons or property caused by or resulting from the execution ofthe wort: provided for in this purchase orderm in connection herewith. The Seller will indemnify and hold harn ca the Purchaser and any or all of the Pmch scm officers, agents and employees from and against any and all claims, loc es, damages. charges or expenses, whether direct or indirect, and whether to persons or pmpeny to which the Purchaser may be put or suhicet by reason of any act, action, neglect, omission or default on the part of the Sellep any of his contractors or Tory of the Scllcrs or contractor, officers, agents or nnployces. In ease any snit Or other proceedings shall he brought against the Purehoser, car its of icets, agents or employees at any time on account or by reason of any act action. neglect omission or dcfaolt of the Seller Of Uny of his contractors or any of its or their officers, agents Or employees as ofinfee id, the Seller hereby agrees to assume the defense thereof and to defend the same 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 cam judgment or other licit be placed upon or obtained against the pmperty ofthe Purchaser. or mid panics in or as a result ofmch suits or other proceedings, the Seller will or once cause the Same to be dissolved and discharged by giving bond orotherwise. The Seller and his contractors shall Take all safety preemnions. funish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupolional Safety and Health Act of 1970 and all rules end regulations issued pursuant thereto. Revised 03/2010