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HomeMy WebLinkAbout114178 DELL MARKETING LP - PURCHASE ORDER - 9142283Fort of Date: 04/24/2014 Vendor: 114178 DELL MARKETING LP ONE DELL WAY - MS: RR1-35 ROUND ROCK TX 78682 PURCHASE ORDER PO Number Page 9142283 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 20511YYY30MANSCA Line Description Quantity UOM Unit Price Extended Ordered Price Dell OptiPlex 7010 Small Form 1 LOT EA 8,800.30 quantity (10) ref. quote # 680356560 dated 4/15/14 per Rick Domalski - (10) OptiPlex 7010 Small Form Factor EPA Base (225-2813) - $880.03 - (10) Logitech Keyboard K120 (A3732831) - included - 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@fogov.mm Total 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 L COMMI RC1AL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local loxes. Our Exemption Number is 11. NON WAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the tams, and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26,114 (a), examim any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder a approval of the design, shall not release 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 purchase order and shall not be demand a waiver of any right of the damage in tr9aih may be mounted to you for credit and are not to he replaced except upon receipt of written Purchaser to host upon strict performance hereof or any of its rights or remedies as to any such grads, megaNless insuuctions from the city ofrom Collins. of when shipped, received or accepted, as an any prior or subsequent default hereunder, nor shall any purposed oral modification or rescission of this purchase order by the Purchaser operate as; a waiver of any of the terms Inspection. GOODS am subject to the City of Fos Collins inspection on anivaL hemmC Final Acceptance. Receipt of the memhandiee, mrvim,; or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. aulhomead payment on the part of the City of tied Collins. However, it is to be understood that FINAL Seller and the Purchaser recognise that in actual a is practice, eveachurge, resulting from summer ACCEPTANCE is dependent upon completion of all applicablereotuiredinspection procedures. violations are in fact home by the Purchaser. Theadamee,far .ad cause and. conaderarion for executing this puohnse 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 Fan Collins, 700 Wood St., Fed Collins, CO 90522, unless acquired under fvaral or state anumat laws for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight road charge separately, the original freigln purchased or acquired by the Purchaser pursam to this purchase ordar. bill must acrompsny invoice. Addiu m it charge for packing sail] not he aaapted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Dexame. Where manufazmacrs have Mistribming points in comms puts of the country. shipment is Ifthe Purchase dirithe Seller to arrtm nonconforming or defective goods by a date to he agreed upon by the expected from the nearest Mantsid. On to destination, and excess freight will be deducted from Invoice when Producer and the Seller, and the Seller thereafter indicates in iaabiloy or awillingne. to comply, the Puahaer shipments ere made from greater distance. may cause the work to be permarced by ,he most expeditious mmns available to it. and the Seller shall pay all costs associated with such work. Famous. Seller shall procure at sellers sole cast all necessary permits, cesifireas and licenses requires] by all applicable laws, regulations, ordinances and tales of the state, municipality, montory or political subdivision where the work is performed, or required by any other duly constimmd public authority having production over the work of vendor. Seller further agrees to bold the City of Fort Collins harmless from and against all liability end loss incusal by them by damn of an asserted a eublishol violation of any such laws, regulations. oNiama, tales and raNiremens. Aulho don. All panics to this contract agree ,hat the rctim,a edives are, in fact bona fide and posse. full am omplete authority to bind said parties. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terms and conditions slated herein set forth and any supplementary or additional mends and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected go and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive an your pomised delivery der,a. noted. Time is of the essence. Delivery, and camon. mast he eflarad within the time staid on the purchase order and the documenu iterchd hereto. No aces of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchase shill have, in addition to other legal and equitable dandies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not he liable for damages a a result ofdclaya due to causes not easonably Ibresecable which are beyond its reasonable control and without its fault ofnegligence, such acts of God, as of civil or military a ulaci ies, govemmenml priorities, fires, strikes, Most, epidemics, wars or dots 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 knowledge thereof. In the event of any such delay, the dam of delivery shall he .tended for the peril equal to the time actually lost by rmson urge, delay. 3. WARRANTY. The Sella warrants ,ha, all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples andror other descriptions given, will bo fit for the purposes intended, and performed with the highest degree of care and competence in aerordunu with accepted standards for work of a similar nature. The Seller agrees . bold the purchaser humorless from any loss, damage or expense which the Purchaser may suffer or incur an accoont of the Sellers breach of wmranty. The Seller shall replace, repair or make gad, without cast to gee purchaser, any defects or faults arising within one (1) year or within such longer peed of time as may b, pracribed by law or by the k,ms of any applicable warranty provided by the Seller after the rime of averpanre of the good Burnished hereunder (a¢eptance not to he unrtaorably delayed), resulting firm imperfect or defective weak done a magmas fumishd by the Seller. Acapnance or use of goods by the Purchaser shall tat mnstinam a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order, the Scllm liability hereunder shall extend to all damages proximately caused by the, breach of any of the foregoing warranties or premiums, but such liability shall in no event include loss of proat 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 terms by .an change ode, 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal tames, including additions to a deletions firm Me quantities originally ordered in the speeifiatiom or drawings, by cement or written change order. If any such change aRecs the amount due or the time of performance herunder, an equitable adjustment shall be it,. 6. TERMINATIONS. The Purchaser may or any time by admen change Order, terminate this agreement as to any or all portions of the goods than Or shipped, subjem to any equitable adjustment between the parties as to any work a materials then in progress provided that the Purchaser shall not be liable far any claims for anticipated profits on the du um,laci portion of the goods anmor work, for incidental or consequential damages, and that no such ndjusmnent he made in favor of the Seller with respect many goods which e e the Sellers standard stock. No such Lamination shall relieve Me Purchaser or the Seller of any oftheir obligations as to any good delivered homemaker. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thins (30) days Item the date the change or mamirmtion is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and f ishd in mdet compliance with all applicable laws and regulations to which the goads art subject. The Seller shall execute and deliver such documents as may be requiaed to effect or evidcnec compliance. All laws and regulations despaired to he incorporated in agreements of this character are herby incorporated herein by this reference. The Seller rigidities to indemnify and hold the Purchaser harmless funs 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, mousier, or convey this ordeq or any mania due or to become due hereunde, without the prior written consent of the other parry. 10. TITLE. The Seller warrens full, clear and urmarricted tide to gee Purchase far all equipment, ralerias, and items Burnished n Laaftarnmearea of this agreement flee and clear of any ad all lien, resaictions, rtsmations, seeunly imerat mcumbmvices and claims ofothem The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the perfo rn. of such work. This release shall apply even in tad event of fault of negligence of the party released and shall extend to the directors, officers sand employees of such parry. The Sellers contractual obligations, including warrant, shall not he deemed to he reduced, in any way, because such work is performed or caused to be Performed by the Product 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright. the Sella shall indemnify and save harrnlae the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, man dal or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense a damage which it may he obliged to pay by reason of such impingement at any time during the praecution or after the completion of the work. In case said quipmm,, or any par thereof or the intended use of the goods, u in such suit held to MMILMte infringement and the use of said equipment or pan is a pied, the Seller shall, at its own expense am at its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal bur noninfnnging equipment, or modify it so it becomes naninfringing. 15. INSOLVENCY. If the Seller shall become marlant or bankrvpt, make an assignment for the benefit of creditors, appoint a recraver or mrsme far any of the Sellers property or business, this mail may foshwith he canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitioru cr errs used or Re, interprtution of gee agreement and the rights ofall parties hereunder shall he extended under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in coset where the Seller is to perform work hereunder, including the services of Sellers Reprevenintivefid, on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry, on said work M Sellers own Sisk until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work andror materias before Sellers final completion and acceptance, complete the work at Sellers awn expense and to the satisfaction of the Parfai . When material, and equipment am banished by others for installation or creation by the Sella, the Seller shall receive, wlod, store and handle some at the site and 1xcome responsible therefor a though such materials armor equipment were being fumishd by the Seller under the order. I8. MSURANCE. 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 order, anmar to their dependents in aceoNanee with the laws of the score in which the wort s to b, done. The Seller shal also carry comprehensive general liability includm , but not limited ku mntractual and automobile Public liability imuraxe with bodily injury and death limits arm least $300.00s) fro any one person, 5500,000 for any one accident and property damage limit per accident of 5400,000. The Seller shall likewise damns 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 premisa of others, the Seller shall furnish the Purchaser with a Certificate that such compensation and insurance have bttn provided. Such cefificatea shall specify, the date when such ompeaation and insurance have been provided Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compenmtion and insurance shall be maintained until after the entire work is completed end accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby e.nmrs the entire responsibility and liability far any and all damage, lass or injury ofany kind r amre wharse cam to persons or property roused by in resulting from the execution ofthe work provided for in this purchase order or in connection bemwith. The Sella will indemnify ad hold harmless the Purchaser and my r all of the Purchssers officers, agents and nployces from and against any and all claims, losses, damages, charges or extremes, whether direct or indirect, and whether to Persons or property to which the Purchaser may be or or subject by reams of any act, action, neglect, omission car default on the pan f,ha Selleq any of his counteract, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be, brought against the Purchaser, or its offir agents or employers at any time on account or by reaoa of any act action, neglect omission or default of the Seller of any of his runemetors or any of its or thew officers, agents or employees as aforesaid, the Seller hereby agrees to assume Me defense thereof and to defend the same or the Sellers own expense, m pay ary and all toss, alumnae. auorveys fees and mMr expenses, any and all judgments that may be incurred by or obtained against the Purchaser m any of its or their officers, agents or employees in such ruin or other pramedims, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said potties in or as a much 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 take all safety precautions, famish 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 Occupational Safety and Health Act of 1970 and all rules and regulations issued pusuan, harem. Revised WQ010