HomeMy WebLinkAbout281742 HEWLETT-PACKARD CO - PURCHASE ORDER - 9141454PO
PURCHASE ORDER 914145er Page
CI�f of PURCHASE
9141454 1 of z
F6r} Collins
This number must appear
/_^,'��—J`-, ` ` on all invoices, packing
sli s and labels.
Date: 03/07/2014
Vendor: 281742
HEWLETT-PACKARD CO
PO BOX 101149
ATLANTA GA 30392-1149
Ship To: MIS
CITY OF FORT COLLINS
215 N MASON, 3RD FLOOR
FORT COLLINS CO 80524-4408
Delivery Date: 03/07/2014 Buyer: DAVID CAREY
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 HP ProLiant DL360p Server
to replace Nuance
1 LOT LS
HP PROLIANT DL360p Gen8 Server, Accessories, 3-Year Warranty, and HP Care Pack.
Quantity: One (1)
Per HP Quote# 9271660 dated 02/11/14 and CO -State of Colorado (WSCA/NASPO) Contract#
20511YYY31M/WSCA.
Lewan DealerID# 10042550.
IT Contact: John Husted
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by Gerry S. Paul
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:
5,254.76
76
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
Page 2 of 2
1. COMMERCIALDETAIIS.
Tax exemptions. By statute the City of Fan Collins is exempt from some and local acres. Our Exemption Number is
11. NONWAIVER.
91F40,1502. Federal Excise Tax Exemption Cetiftcate of Registry M-afti ] is registered with the Collector of
Failure ofthe Purchaser m insist upon strict performance of the tenon and condid.m heteaE failure or delay to
Internal Revenue, Denver Colorado (Ref. Colorado Revised Sumter 1973, Chapter 39-26, 114 no.
...mise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the to. of a
breach, the acorrome of nr payment for goods hereunder or approval of Me deign, shall not ¢lease the Seller of
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
any of the warranties or obligations of this puchase order and shall not he demand a waiver of any right of the
damage in trant may be returned to you for credit and are not to be replaced except upon receipt of wnimn
purchaser 1. usual upon our, performance hereof., any of its rights or remedies as to any such good, regardless
instructions from the City of Fiat Collins.
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported
oral until fication or rescission of his purchase order by the Purchaser operate as a waiver of any of tire terms
Inspection. GOODS are subject to the City of Fell Collins inspection on arrival,
hereof.
Final Acceptance. Receipt of the merchandise, se or equipollent ponsto in response this order canresult in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pan of the City or Foe Collins. However, a is to be understood thatFINAL
Seller and the Purchaser cresmom that in actual economic practice, overcharges resulting from antitrust
nfotr
ACCEPTANCE is dependent upon completion oral[ applicable "luirel inpection procedures.
violations art in fact home by the Purchaser. Therelof ne good ensue and as consideration for executing this
ptuchsse oNer, the Seller hereby assigns a the Pmcbuv any and all clo nts it may now have or hereafter
Freight T.. Sta m . must be F.O U.. City of Fort Collins, 700 Wood Sr, Fon Collins, CO 80522, unless
acquired under fderal or state antitrust laws for such ove¢harge, minting m the particular goods in services
otherwise specified on this order. 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 mute accompany income. Additional charges fro puking will not be accepted.
Shipment Distance. Where manufacturers have diformang points in various pans of the country, shipment is
expected from the nearest distribution in, in des,iregim, and excess freight will be deducted to.m Invoice when
shipments arc site form grease distance.
Pemtits. Seller shall procure at sellers sale cost all necessary permits, smaticates and licenses required by all
applicable Ines, regulations, ordinances and miss of the star, m outpaliry, territory or political subdivision where
the work is permitted, or required by any other duly eanstimred public authority having jurisdiction over the work
of vendor. Seller further agrees an bold the City of Fen Collins harmless from and against all liability and loss
incurred by them by reason of an material oo ed or established violation of any such laws, regulation,Jlrances, lairs
end requirements.
Authoriention. All parties to this contract agree that the repreunalivle are, in fact, him fide and poc¢ss full and
complete authority m bind said putties.
LIMITATION OF TERMS, This Purchmc Order expressly limits acceptance to the tern and conditions stated
herein set fond and any supplemenary or additional terms and conditions annexed hereto or incorporated herein by
reference. Any additional or different temp and conditions proposed by seller am objected to and hereby jetted.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your
promised delivery date as noted Time is of the essence. Delivery and performance must he effected within the firm
stated on the purchase order and the documents attached hereto. No acts .f the Purchasers including, without
limitation, accepance ofi aniul late deliveries, shall operate as a waiver of this provision. lit the event of any delay,
the Purchaser shall have, in addition In ether legal and equitable remedies, the option of phteing this order elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable for damages in a reach of delays
due to causes not reasonably foreseeable which are beyond in reasonable control and without its fault ofnegligence,
such aca.frond. acts of civil or military anduci,ics, gmanumcn al priories, fates, strikes, rood, epidemic, wars or
riots provided that native of the conditions causing such delay is given to the Purchaser within five (5) days of the
time wren the Seller most received knowledge thereof 1. the everd, of my such delay, the date of delivery than be
extended for the perind equal m the done umally lost by rearm of the delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this maker will conform with applicable
drawings, specifications, samples major other descriptions given, will be fir for the purposes intended, and
performed with the highest degree of care and competence in accordance with accepted standards for work of a
annular nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the
Purchaser may suffer or incur on account ofthe Sellers breach of warranty. The Seller shall replace, repair or site
goal, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of
time as may be prescribed by law, or by the terms of any applicable wera ty provided by the Seller after the date of
acceptance of the goods famished hereunder (acceptance not be unreasonably delayed), resulting from imperfect
or def ctive work done or materials mainland by the Seller. Acceptance or use of gaol by the Purchaser shall no,
onstinge a waiver ofary claim under this warmly. Except as, otherwise provided in this purchase oNer, the Sellers
liability hereunder shall extend to all damages proximately catered by the breach of any of Me foregoing triumphs,
or guaeantre, but such liability shall in no went include lass of profits or lass of we. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERM5.
The Purchaser may make changes to legal terms by wiinen change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchwer may make any changes to the terms, other than legal terms, including additions to or deledom bum
the quantities originally ordered in the specifications or drawings, by venal or written ebonge order. If any such
lunge affects the.,mount doe or the time ofperfonnance hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may m any time by written change order, terminate this agreement as a any orall ponioul of the
goods then not shipped, subject to any equitable adjustment between the parties as to any walk or materials then in
progress provided that the Purchase, shall not be liable for any claims for anticipate) profts oa the morampled
potion of the goods mdAr work, (o incidental or consectualist damages, and that no such adjustment be made in
favor of the Seller with respect to any goods which nor the Sellers standard stock. No such mfmiwtion shall relieve
the Purchaser or the Seller of cony ormair obligations in m any goods delivered Maunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be us fled within thirty (30) days from the date the change or rumination is
ordered.
8. COMPLIANCE WITH LAW,
The Seller sanctions that all goods sold hereunder shall have been produced, sold, delivered and famished in strict
compliance with all applicable laws vad regulations to which the goods in subject. The Seller shall execon vad
deliver such docurrems as may be inquired In effect or evidence compliance. All laws and regulations minimal to be
incorporated in agreements of this character arc hereby incoporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser handles from all costs and damages suffe d by the Purchaser as a result of the
Sellers failure m comply with such law.
9. ASSIGNMENT.
N,ither lam y shall assign, transfer, or convey this ardor, or any monies due or In became due hereunder without the
prior wrnen mare a r , of the other pang.
10. TITLE.
The Sell,,..a full, clear and unrestricted title to Me Purchaser for all equipment, material, and items monodist
in perfamtance of this .,.cut, fare vad clear of any and all liens, nomidion, reservation, averaiy interest
emandounces and dales ofothers.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe Purchaser directs the Se31u 1. correct ... coip ing or deflective Goods by a date to be agreed upon by We
Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to easterly. the Pardoner
may cause the work to be performed by the most expeditious meam available to it, and the Seller shall pay all
costs associmid with such work.
The Seller shall release the Purchaser and its contractors of any her from all liability and claims of any nature
rleulling from the performance.( such work.
This mleare shall apply even in the went of fault of negligence of the pray releareJ and shall extend to the
directors, officers; and employees ofsach party.
The Severs contractual obligations, including wermay, shin not be deemed to be reduced in any way, became,
such work is performed or wood to be performs] by the Purchaset.
14. PATENTS.
Whenever the Seller is required to use any design, device, material or process evert by lever, parent, trademark
or copyright, the Seller shall indemnify and save harmless Me Purchaser from any and all claims for infringement
by re of the use of such patented design, device, material or process in connection with the commit, and
shall �nJemnify the Purchaser for any cost, 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 equipment, or
any pan thereof or the intended use of the goods, Is In such said held to constimm Ioffinganenr and the use of
said equipment or part is enjoined, the Seller shall, at its awn expense and at its option, either Function for the
Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but
no imfiringing equipment, or modify it so it becomes naninfringing.
15. INSOLVENCY.
If the Seller shall became insolvent or bankrupt, make an asiganent far the benefit of creditors, mpoin, a
bacciver or home for any of the Sellers property or business. this order may forthwith the nc canceled by the
Pumhaser without liability.
16. GOVERNING LAW.
The defrchon of teen used or the irecrprtlation ofthe agreement and the righn of all panes hereunder shall be
continued under and governed by the laws of the Sure ofColomdo, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the services of Sellers Representative(s), on the premises of others.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall,
in se of any accident, desertion or injury to the work andar nutarialk before Seller's final completion and
acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials
and equipment ere famished by others far ins nition. or criterion by the Selleq the Seller shall receive, unload,
,,am and handle same at the site and become responsible therefo, as through such material andar mmum,
were being famished by the Seller under the order.
18. INSURANCE
The Seller shall, at his own experts,, provide f the paymml of workers compensation, including accupaimal
disease Mtefts, to its employees employed on or in connection with the work covered by this purchase oNer,
andsor to their dependents in accordance with the laws of the share in which the work is to be done. The Seller
shall also tarty c.mprehenslve general liability including, but not limited to, contmdual and automobile public
liability insurance with Fondly injury and dealt limiu of in least SoOmm it for any one person, $500,000 for any
one accident and properly damage limit per accident of 5400,000. The Seller shall likewise require his
contractors, if any. at Provide for such compensation and insurance. Before any of the Sellers tar his contractors
employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate
that such compnualiun and insurance have been provided. Such nmificmes shall specify the rim, warn such
aompereation and imuMme have been provided. Such certificates shall specify the date when such compensation
nd outcome expires. The Seller agrees that such compensation and inuance shall be main wined until alter the
more work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire mr onsibiliry and liability for any and all damage, Ime or injury army kind
or whore whatsoever to persons or property caused by or resulting from the execution arm work provided for in
this purchase order or in wrmedicn herewith. The Seller will indemnify and held harmless the Purchaser end any
cr all of the Pancreases, .Rears, agenn and cmploycer from and again, any and all claims, losses, damages,
harges or expense, whether direct or indirect, slid whether to person or property to which the Purchaser may
be put or subject by reason of any act, action, neglecl, omission or default on Me pan of the Seller, any of his
ontactors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other
proceedings shall be brought against the Purchase, or its officers, agents or employees at any time on account or
by reason of my act, action, neglect, omission or defil It of the Seller of any of his contractors or any of its or
their Me,., agents or employees as aforesaid, the Seller hereby agrees an assume the defense thereof and to
defend the sane a ,he Sellers awn expense, I. pay my and all corn, charges, anomeys firs and oNer expense,
any and ell judgments tare, may be mounted by or obtained against the Purchaser or any of its or their officers,
agents or employees in such suin or other proceedings, and in case jah m air or other lirn be placed upon or
obtained against the property critic Pumhaser, or said ponies in or as a result of such suits or other proceedings,
Me Seller will at once wtne the same to be diss als'ed and discharged by giving bond or athewiu. The Seller and
his contractors shall take all artery p ceautioss, fum6h and incall all guard necessary for Me pmeention of
accidents, comply with all laws and regulations with regard to safer, including, but without limitation, the
Occupational Safey and Health Act of 1970 and all roles and regulation issued pursuant thetas.
Revised mR010