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HomeMy WebLinkAbout165027 C D W GOVERNMENT INC - PURCHASE ORDER - 9142288Fort Collins Date: 04/24/2014 Vendor: 165027 C D W GOVERNMENT INC 230 N MILWAUKEE AVE VERNON HILLS IL 60061 PURCHASE ORDER PO Number Page 9142288 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: MIS CITY OF FORT COLLINS 215 N MASON, 3RD FLOOR FORT COLLINS CO 80524-4408 Delivery Date: 04/23/2014 Buyer: DOUG CLAPP Note: 2014A Lease Purchase Nat'l IPA Tech Solutions 130733 contract Line Description Quantity UOM Unit Price Extended Ordered Price I STO Panasonic Toughbook quantity (25) ref. quote # FBGX067 dated 2/5/14 per Adam Ryan - (25) BTO Panasonic Toughbook 53 15-3320M 50OGB 4GB W7 - $1,642.27 each mfg# CF-53JBLHYlM - Freight - included Dept. IT contact: Michelle Carr ph# 970-221-6523 '" Please call 24 hours prior to Shipment " 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.mm 1 LOT EA 41,056.75 75 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local mxa. Our Exemption Namber is II. NONWAIVER. 98-03502. Federal Excise Tux Exemption Certificate of Registry 84-(Aft 8'I is registered with the Collector of Failure of the Purchaser to insist upon suict Performance of the terms 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 at promptly notify the Seller in the event of is breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of Goods Related. GOODS REJECTED due to failure to men specifications, caller when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of fe damage N transit, may be resumed to you for credit and arc not to be replaced except upon receipt of wriaat purchaser to insist upon strict performance hereofor any of its rights or remedies w to any such goads, regardless instructions man the City of Fan Collins. of when shipped, received or accepled, as to any prior or subsequent default hereunder, nor shall any purported oral modifcali Or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS ate subject to the City of Fan Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this other can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Goo Collins. However, a 6 to be understood that FINAL Seller and the Purchaser areognia, that in actual economic practice, overcharges masm reading fmantiwsr ACCEPTANCE is dependent upon compinnioof all applicable required inspection procedures. violations are in fact home by the Purchaser. Theretaboutfor good cause and w consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now here or hereafter Freight Terms. Shipments most be POD., City of Pon Collins, 900 Woad St., Fort Collins, CO 80522, unless acquired under federal or state minfirst laws for such overcharges filming to the particular goods or services Otherwise specified an this order. If permission is given to prepay freight and charge separately, the odgind freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most accompany invoice. Additional charges for packing will not be acceptor. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufturers have distributing points in minister pans of the Co..,, shipment is I fthe Purchaser directs the Seller to Comer rmnconfnming on defective goods by a date o be agreed upon by the expected from the nearest distribution point to dectirmtam, and execs freight will be deducted from Invoice what Purchase and me Sella, and tbe Sella Nerrafta indicates its inability art umvillingness an comply, me Purchaser shipments are made from gr aler distance. may cause the work to be performed by the most expeditious ream available to it, and the Seller shall pay all costs msocimed with such work. Permits. Seller shall practice at sellers sale cost all accessary, pmnits, certificates and licenses required by all applicable lams, regulations, wh m ees and tales of the sure, municipality, territory or political subdivision where the work is performed, or omitted by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees tin hold the City Of Pan Collis formless from and ngainsl all liability and In. incurred by meta by reason of an asserted or established violation of any such lams, ac llims, nodirunces, tales and reym rents. Authorization. All panics to this Contract agree that he rprearmatives an, in fact, boom fide and possess full and amplete authorityto bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terns end Considers stated herein set form and any supplementary, or additional gems arm conditions ancrxN harem or incoported herein by reference. Any additional or different terns and conditions proposal by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT' immediately il'you cannot make Complete shipment to arrive on your Promised delivery date as noted Time is ofthe essence. Doherty and performance must be effected within the time stated on the purchase order and the documents watched hereto. No acts of the Purchasers including. without Ionization, acceptance of partial late deliveries, shall operate as a waiver orates provision. In the event orally delay, the Paramount shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding me Seller liable far damages. However, the Seller shall oat be liable for damages as is result of delays due to Causes not accountably foresreable which are beyond its rawnable Control and without its fault i f negligence, such acts ofGod, acts ofcivil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wsrs or riots provided that notice of the conditions causing such delay is given to me Purchaser within five (5) days of me time when me Seller first received knowledge there.(. In the event of any such delay, the date of delivery shall be extended far me period equal to the time actually loss by crown of the delay. 3. WARRANTY. The Seller warn that all goods, articles, materials and work covered by this order will contort with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and Performed wins the highest degree of are and competence in accordance wins accepted standards for work of a similar name. The Seller agrees m hold me continuer hornless from any Ices, damage or expense which me Purchaser may suQa m incur an account ofthe Sellers breach of wa enty. The Sella shall opera, repair or make good, without cast to the purchaer, any de@cts or Cults arising within one (1) year or within such longer periwl of .ire as may be prescribed by law or by me terns ofany applicable warranty provided by the Sella after the data of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting fmm imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any dnim trader this waranty. Except as otherwise provided in this purchase Coder, the Sellers liability herewder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or goammees, but such liability shall in no event include loss of profts 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 change to legal lams by wrta Change order. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes to the terman s, other than legal .emu, including additions to or deleticrs fromthe quantities origindly ordered in the specifications or drawings, by vemal or wniten change order. If any such Change affects the amount due or the time of o rfuranae hereunder an equitable inch oral shall be made. 6. TERMINATIONS. The Purchaser may at any time by wrinen change order, mrinam Nis agreement as to any onall porti of the d goathen roan t shipped, subject to y equitable adjumi nment between e lumbar a an to y work or maten ds men in prefixes provided quit me Purclansa shall foot be liable fir any Claims for anticipated pmfu on the uncompleted Jordon older goods midtor work, for incideaul or consequential damages, and that rut such adjusrment be made in favor of me Seller with resistant to any goad which are the Sellers standard stock. No such mrirmtion shall relieve the Purchaser or the Seller ofany of their obligations as to any good delivered hemtima. 7. CLAIMS FOR ADJUSTMENT. Any cleim for Wjastmcnt net be asserted within unity (30) days from the date the change or lamination is Ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all good wild hereunder shall have been produced, sold, delivered and famished in strict ompliane, and, all applicable lass and regulations to which the goods art subject. The Seller shall execute and deliver such doemmens as may be gryuiml to e1Rct or evidence Compliance. All laws and regulations required re be incorporated f agreements of this character are herby, incoryomted harem by this reference. The Seller agrees to indemnify and hold me Purchaser hamless from all toss and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry, shall assign, varefn, or convey this order, or any monies due or to become due hereunder without the prior written comenr ofthe other party. 10. TITLE. The Sella warrant Poll, clan and uvresricrd lisle or mC Purchaser for all equipmeoL materiaLr, and it. fiunishcd in performance of this agreement, free and clear of my and all liem. resommuss, c aenatioa, security interest atcumb.n and claims Creditors. The Seller shall release the Purchaser and its canuacmrs of any tier from all liability and claims of any rwtae resulting from the performance af,coh work. This release shall apply even in the moat of fault of negligence of the party released and shall extend to the directors, officers and employees ofsuch party. The Seller's contractual obligations, including memory, shall not be domed to be reduced, in any way, because such work is per( eda, caused.. he perfored byrbe Purchaser. 14. PATENTS. Whenever the Sella is required to we any deside, device, material or process covered by later, patent, uademark or copyright, the Seller shall indemnify and save hamlets the Purchaser from any and all claims far infringement by reason of the use of such patented design, device, material or process in connection with the counsel, and ,hull indemnify 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 else said equipment, or any part thereof or the intended use of the goods, is in such suit held to constitute infringement and me use of said equipment or pan is ajoined, the Seller shall, at its own expense and at its option, either procure for me Purchaser the right to continue using said equipment or pans, replace me same with substantially equal but naninfnnging equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or baultupq make an assignment for me bereft of creditors, appoint a receiver cur mrdee for any of the Sellers property or business, this order may forthwith be canceled by me Purchaser without liability. 16, GOVERNING LAW. The definitions offers murder the interpretation of the agreement and the rights of all parries hereunder shall be consmed under and governed by the laws ofine State ofColomdo, USA. The following Additional Conditions apply only in eases when me Seller is to Perform work, hereunder, including the services of Sellers R,.nmtive(s), na me preenisa of others. 17. SELLERS RESPONSIBILITY. The Sella shall carry on said work at Sellcts awn risk until the same is fully completed and accepted, and shall, in se of any accident, destruction or injury to the work and/or materials before Sella', fimal completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment are fmished by others for installation or erection by me Seller, the Seller shall receive, afford, store and handle same at the site and became responsible therefor as though such materials andtar equipment were being famished by me Seller under me order. 18. INSURANCE. The Sella shall, at his own expense, provide fat the payment of workers compensation, including occupational disease benefits, in its employees employed on or in Connection with me work coveml by this Foreknow order, andtor an mein dependents in accordance with the laws of me state in which the weak is to be done. The Sella Shall else carry comprehensive general liability including, but not limited to, contactual and automobile public liability insurance with bodily injury and death limiu of an lean SIDQ000 for any one person, E500," for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his Contractors, if any, to pmande far such compensation and insurance. Before any of the Sellers or his contractors employes shall do any work upon the premises of others, the Seller shall furnish the Purchase with a carafiam that such compemauon and insurance have been provided Such cenifimta shall specify the date when such compavention and insurance have been provided. Such ttnifwta shall specify me date when such compewdon arm insurance expires. The Seller aqua that such compatsarion and imunoce shall be maintained .,it one me attire work u Completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofany, kind r nature whatsoever to persons or property, caused by or resulting from me execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold boundless the Purchaser and any r all of the Pumham ofli,on, .gems and employees from and agrout any and all claims, losses, damages, charges or expenses, wheher direct or indium, and whether to persons or property to which the Purchaser may Ix, put or subject by reawn ofany act, action, neglect omission or default on me pan of the Seller, any of his comment or any of the Sellers or contractors officers, agents or employers. In case any suit or other proceedings shall be brought against me Purchaser, or is oRcers, agents or employees at any rime on accoant or by moon of any act, action, neglccr, omissian or default of the Sella of any of his contractors or any of its on their officers, agens or employees as aforesaid. the Seller hereby agrees to assume rbe defense mere.( and m defend the same at me Sellers own eC,., to pay any and all Coss, charges, storeys fees and other expeaes, 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 case judgment or other lien be placed upon or obtained against me property of the Purchase, or said panics in or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall Coke all safety precautions, fmish and irrmll all guard necessary for me prevention of accidents, Comply with all laws and regulations with regard to safety including, but without limitation, me IMugationed Safety and Health An of 1970 and.11 tales and regulations issued pursuant merto. Revised 03R010