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HomeMy WebLinkAbout114178 DELL MARKETING LP - PURCHASE ORDER - 9141636PURCHASE ORDER PO Number Page Cityof///��� 9141636 ,oft ' `t Collins his number must appear ` on all invoices, packing sli s and labels. Date: 03/18/2014 Vendor: 114178 DELL MARKETING LP ONE DELL WAY MS: RR1-35 ROUND ROCK TX 78682 Ship To: POUDRE FIRE AUTHORITY - AD 102 REMINGTON FORT COLLINS CO 80524 Delivery Date: 03/18/2014 Buyer: DOUG CLAPP Note: Line Description Quantity UOM Unit Price Extended Ordered Price 10-Computers 1 LOT LS 11,905.80 Equote 1012139835452 dated 3/12/14 Dept: PFA contact Eric Nelson (970)416-2873 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exempfions. By sunte the Ciry of Fon Collins is cacmpt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Cmificate of Registry 84-6000587 is registered with the Collector of Failure of the Preform to insist upon shict pert once of the names and conditions hereof, failure or delay to Innernal Revenuer Denver Colorado (Ref. Colouelo Revised Sa mrs 1973, Chapter 39-26,114 (aj ceemine any rights or remedies Funneled herein or by low, failure b promptly notify the Seller in the event of a breach, the accepance ofar payment for goods hereunder or approval of the design, shall riot release the Seller of Goods Rejected. GOODS REJECTED due to failure in meet specfications, either when shipped or due to Jefecm of any of the memories or obligations of this pumhau order and shall nm he deemed a waiver of any right of the damage in hermit, may be nu and to you for credit and ate at m be replaced except upon receipt of wrinm purchaser to insist upon strict performance hereofor any of its rights or remedies es a any such good, negadless instructions from the City of Fall Collins. of whom shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any puryoned Orel modification or rescission of this purchase older by the PmeM1aar operate as a waiver of any of the terms Inspection. GOODS are subject an the City of Fall Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this older can result in 12. ASSIGNMENT OF ANTITRUST' CLAIMS. authorized payment on the pan of the City of Full Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual monomic practice, ovemha%es resulting from antitrust ACCEPTANCE is dependent up on completion of all applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this parcluse 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 Fon Collins, 700 Wood St, Fall Collins, CO 80522, unless acquired under federal or sou antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order, Ifpermission is given to prepay freight and charge separately, the original freight pmchued or acquired by the Purchaser pursuant to this purchase older. bill most accompany invoice. Additional charges for Woking will not be wcepted 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment D.the.SVheremauuGemrers have diseibmi, NecaumryInv ipewhaw firecift theSellertocomnewner nonconformingordefemivegondsbyadme to bee®edupon by the eighttzspans do road a,. height expected from the nearest distribution point a drstrwion, od excess freight will be deducted from Invoice when to comply, the Purchaser its inowns err cable Purchaser and two Seller, and the Sellerthereafterthe sM1ipmens oe made from greater distance. togness may cause the work m be peformed by the most expeditious means available to it, and the Seller shall pay all most ems assaurd with such work. P.mis. Seller shall manure at sellers sale cast ell permits, certificates and licenses required all w laws, regulations, o sand ales film sate, municipality, temmry m political subdivision where The Seller shall release the Purchase( and its Contactors of any tin from all liability and claims of any more co Coled public authority iced by duly the work is performed, regained by any other July the work at nut illion over the work r esultmg funs the p.fomana Ofsuch work. and to hold the City of Fall Collins harmless tom and eguinst all liability and less vender. Seller further Fall byressagrees incurred by them by reason of an asserted Or esteblisM1d violation of any such laws, regulations, ONiwnces, roles in This release shall apply even in the event fault of negligence of the party released and shall extend to the and rcqum iremes. ars, oand employees ofch parryy. . direct.., su Authorization. All parries no this contract agree that the represenodwes are, in fact, bona fide and possess full and The Seller's commercial obligations, including waranty, shall not be deemed to be reduced, in any way, baanse complete authority to bind said parrl such work is performed or caused to be perfomd by the Purchaser. LIMITATION OF TERMS This Purchase Order expressly limits acceptance to the trans and conditions soled herein act forth and any supplementary or adJitional arms and conditions amexed hereto or incorporated herein by reference. Any additimul or diRerrnuerms 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 arrive on your promised delivery due. voted. Time is of the rssercr. Delivery and per( race must he effected within the time slated on the purchase order and the documents winched hereto. No acm of the Pssmhaxrs including, without limiutim, trompaes a of partial late delivmes, shall apemte u a waiver of this provision In the event of my delay, the Postman shall have, in addition 10 other legal and equimble menders, me option ofplacing this older elsewhere and holding the Seller liable for damages. However, the Seller shall at be liable for damages as a result of delays due to causes not reawmbly foreseeable which am beyond its ruwnable control and without its fault ofnegligmce, such is of God, acts of civil or military authorities, goverrimmul primities, fires, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Pumhssm within five (5) days of the time when the Seller first received knowledge thereof. In the event of my 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 goods, articles, million and work covered by this order will conform with applicable drawings, specifications, samples m l other descriptions given, will be fit for the purposes intendd. and perfomd with the highest degree of call and competence in accordance with accepted m ndsmat far work of a similar witure. The Sella agrees to hold the purehaser harmlous from my loss, damage or expense which the purchaser may suffer or mourner account of the Sellers bench of w.11 The Sell. shall replace, repair or make good, without cast to the Platform, my defers Or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the term of any applicable wamnty provided by the Seller offer the date of neceptmce of the goods fumishd hereunder (meryunoe and to be, ..My delayed). reaching from imperf I or defective work done or materian fumishd by the Seller. Acceptance or war of goods by the Purchaser shall not constitute a waiver ofany claim maker this warrsnry. Except as otherwise provided in this purchase order, the Sell. liability hereunder shall extend to all damages proximately caved by the breach of any of the foregoing warranties or gparemom, but such liability shall in no event include loss of prefix or loss of sea. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change older 5. CHANGES IN COMMERCIAL TERMS. The Purchuw may make any changes to the serer, Othe,than legal tames, including additions Ins or deletions from the qumtities originally ordered N the sperificatiom or drawings, by verbal or wri wn change order. If any such change affects the amount due or the time of performance hereunder, an equ noble adjustment shall be made. 6. TERMINATIONS. The Purchaser may at my time by women change older, mrmimte this ammarom az to my or all portions of the grads then not shipped, subject to my equitable djnstmcn between the parties as On my work or materials then in progress provided that the Purchases shall cot be liable for any claims for asafte pmed profs on the uncompleted portion of the floods andlor work, far mcidemul or conew uentlal damages, and that an such adjustment be made in favor of the Seller with respect o any gods which are the Sellers smndanl stock. No such termination shall reliever thc Purchaser or the Seller ofnny of their obligations ss to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods me subject. The Seller shall execute and deliver such daummts as may be required to effect or evidence compliance. All laws and regulations unbound to be ncoryomtd in agreements of this chmmer ere hereby ineoryomad herein by this reference. The Si tt agrees to indemnify and hold the Purchaser hanmleas from all costs and damage suffer by the Furchaer ss a result of dre Sellers failure a comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this older, or my mania due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller warrants full, clear and unrermo ed title On the purchaser for all equipment, materials, and town, furnished in performance of this agreement, free and clear of my and all time, restrictions, fienvatio e, secunry interest encumbrances and claims ofofers. 14. PATENTS. Wherever the Seller is required to use my design, device, material or process covered by letter, patent, trademark at copyright, the Seller shall indemnify and save harmleas the Purchaser from my and all claims for infringement by crown of the riser of such Formed design, device, material or process in connection with the wnuan. stud shall indemnify the Purchaser for any cost, expersse Or damage which it may be obliged to pay by reamn of such infringement o any time during the prosecution or after the completion of the work. In cane said equipment, or my Fro thereof or the intended use of the goods, at in such suit held to constimte infringement and the ase of said equipment or Pan is enjoined, the Seller shall, at its own expense and at its option, rither procure for the Purchnser the right to continue using mid egat,. or parts, replace, thr same with substmtially yml but noninGnging equipment, or modify it so it haomes wo ringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of crediars, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpMation ofthe agreement and the rights of all ponies hereunder shall be communed maker and governed by the laws of the Stare ofColomdo, USA. The following Allotment Conditions apply only m case where the Seller is to perform work hereunder, including the services of Sellers Represurnowe(s), an the Premises ofothers. V. SELLERS RESPONSIBILITY. The Seller shall arty on said work at Sellers own risk t ntl the same is fully comple od aM acceptd, and shall, au of any accident, datmclion or injury to the work and/or mama began, Seller's final mnsplwiov and acceptance, complete the work at Sellers own expense and to fie utisfacton of the Purchaser. When merman and equipment ere f ishd by others fro installation or erection by the Seller, the Seller shall receive, unload, score and hurdle same at the site and become responsible therefor as though such mamnan mNor cerement were being famished by the Seller under the old.. 18. 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 older, author 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 autemobile public liability insurance wnh haddy injury and death limits of at least S300 OOo for any one promo S504CW for any one mcident and property damage limit per accident of ARLD00. The Seller shall likewise require his if any, to provide for such compeovention and insurance. Before any of the Sellers or his commemrs employres shall der my work upon the premises of others, the Sellerdull fmmish the Puurchaer with a complete that such compensation and assurance have been pm.ided. Such cerefi®tm shall specify the date when such compensation and insurance have been provided Such mnifiratrs shall specify she elite when such compensation and insurance expires. The Seller agrte, that such compev Lion and announce shall be m ormautl until after the entire work is completed and ncceptod. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby wourneu the write responsibility and Iiabiliry for any and all among, loss or injary ofany kind or mature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase older or in connection herewith. The Seller will indemnify and hold hmmlas the Purchaser and any or all of the Purchasers Officers, agents and employees form and against my and ell claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchnser may be put or subject by reason Of any act, action, neglect, omission or default on the pan of the Seller tiny of his connectors, or any of the Seiler or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchas., or its officers, agents or employees at my time on account or by reason of my act, action, neglect, omission or default of the Seller of my of his contractors or my of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same o the Sellers own expense, to pay my and all mats, charges, etameys fees and other expenses, my and all judgmmm that may he incurred by or obtained against the Purchaser Or my of its or their olbem, agents or employees m such suits in other proceedings, and in case judgment or other lion be, placed upon or obuined against doc property of the Purchssn, or raid parties in or as a result of such suits or other proceedings, the Seller will at Dore eau the mare to tie, dissolved and discharged by giving bond or otherwise. The Seller and his contactors shall take all mfety precautions, famish and install all guards maraary fro the Prillaman of accidents, comply with all laws and regulations with regald to safety including• but without Ionization, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thrown. Revised 03R010