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HomeMy WebLinkAbout114178 DELL MARKETING LP - PURCHASE ORDER - 9142284Fort Collins Date: 04/2412014 Vendor: 114178 DELL MARKETING LP ONE DELL WAY MS: RR1-35 ROUND ROCK TX 78682 PURCHASE ORDER PO Number Page 9142284 1012 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 20511YYY30MNVSCA Line Description Quantity UOM Unit Price Extended Ordered Price 1 Dell OptiPlex 7010 Minitower quantity (90) ref. quote # 680358883 dated4/15/14 per Rick Domalski - (90) OptiPlex 7010 Minitower EPA Base (225-2809) - $873.74 each - (90) Logitech Keyboard K120 (A3732831) - $11.04 each - 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.com 1 LOT EA 78,636.60 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 I. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is It NON WAIVER. 98-04502. Fdeml Excise Tax Exemption Cenifieve of Registry 84-60(1 is registered with the Cuticular of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay m Internal Revenue, Denver, Colorado Her 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 Goo& Rejected, GOODS REJECTED due m failure to to specifications, either when shipped or due to defects of our of the warranties or obligations of this purcbau order and shall not be damd a waiver of my eight of the damage in transit, may be wormed Or you for credit and are not to be o plaed except upon recript of written Purchaser to insist upon stria performance homfor any of to rights or remedies as to any such goods, regardless untructions from the City of Fort Collins. of when shipped, rained or somata as an any prior or subseqnrnt default hemwdeq tar shall any puryorted real modification or rescission of this purchase order by me Pmchxer operate M a waiver of any of the terms [Monacan. GOODS are subjohna the City nfFon Collins inspection oa consul. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 11 ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fort Collins. However, it is to be understood that 17INAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting fmm antitrust ACCEPTT ANCE is dependent upon completion of at l applicable required inspection procedures. violations are in ]act home by me Purchaser. Thetneficre, for good cause and as consideration for executing this purchase order, the Seller hereby cosigns to the Purchaer any and all claims it may now have or hereaner Freight Term. Shipments must be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522. ..It. scquiml coder fdeml or state madman laws for such overcharges odium, to the pmiord. goods or services Otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquire) by the Purchuer pursuant to this purchase order. bill most accompany invoice. Additional charges for puking will not be mar a d. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Whose manof.,. have disthbming points in various Wets of me country, shipment is If me Purchaser directs me Seller to correct nonconforming or def Live goods by a dare to be agreed upon by the expected form the insurer distribution point to destruction, and excess freight will be deducted from Invoice when lumberer and me Sella, and the Seller therwfia indicates its habibty or unwillingness to comply, the Pmchaer shipments are made form greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all casts associated with such work. Permits. Sella shall "Oeme at sellers sole cast all necessary Permits, cefinitmes and licenses required by all applicable laws, regulations, ordinances and tales of the state, municipality, mrimry or political subdivision where the work is performed, or regnird by any other duly constitmed public authority having jurisdiction over the work of version. Seller further, agree m hold the City of Fort Collins harmless firm end against all liability and loss incurred by them by matron of an asserted or established violation of any such laws, regulations, ordinance, roles road requiremena. Authodvatioa. All parties to this contract agree that me representatives are, in fact, bow fide and puaress full and complete authority to bind said ponies. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or mate rpommd herein by robotics. Any additional or different temrs and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you normal make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance most be eRectell within the time stated on the purchase order cad tad documents attached hereto. No acts of the Purchasers including, wimoul limitation, comptance of partial late deliveries, shall cyemte M a waiver of this provision. In the even ofany delay, the Puchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of decoys due to causes not reasennldy foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of Gad, is rf civil tar military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purehuer within five (5) days of the time when the Seller limit received knowledge thereof. In me event of any such delay, the dam of delivery shall be extended far the period equal ra the time actually lost by rvson of me delay. 3. WARRANTY. The Seller wmmnts that all goads, articles, materials and work covered by this order will cent with applicable drawings, specificmims, samples and/or other descriptions given, will be fit for the purposes amended, and permared with the highest degree of care and competence in accordance with accepted standards for work of a tail., nature. The Seller agrees to hold he purchaser harmless firm any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach ofwarfanry. The Seller shall replace, repair or make good, 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 tomes of my applicable warranty provided by the Seller aRer the dam of unceptanre of the goods famished hereunder (smaquame not to be unaccountably delayed), resulting (tam imperfect or defective work done or materials fished by the Seller. Am prance or use of good by the lumberer shall not constitute a waiver of my claim under this wommry. Except as otherwise Fumbled in this puchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing ..monies or guarantees, but such liability shall in no event include loss ofproms 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 written change order 5. CHANGES IN COMMERCIAL TERMS. The Porehasa may make any changes to the memo, other Hour legal terms, including additions to or deletions fmm Me quantities originally chimed in the sped@roans a da cmPe, by verbal or written change order. If any such orange aRcurs the amount doe or the time ofperfom once hrrewder, an equilable adjustment shall be made. 6. TERMINATIONS. The Foretaste, may at any time by wrinm change under, terminate this agreement os to any or all p omme ol'the goads then not shipped. subject o any equitable adjustment between the parties as to any work or materials then in progress patented that the Purchaser shall nut be liable for any claims for anticipated pmfts on the uncompleted portion of the goods harbor work, for incidental or consequential damages, and that no such adjustment be made in My., of the Seller wire respect to any goods which arc the Sellers standard stock. No such mortician.. shall teliwe tbe Purchaser or the Sella of my oftheir Obligations as to my goods delivered hereunder. 9. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or mrmiwtim is ordered. 8. COMPLIANCE WITH LAW. The Seller w'arrmn that all goo& sold hereunder shall have been produced, sold, delivered end furnished in strict compliance with all applicable laws and regulations m which the goods me subject. The Seller shall execute and deliver such documents ns may be prepared b effect or evidence compliance All laws and mOulatiom required to be incorporated in agreements of this character are hereby incotp ura d herein by this rtference. The Sella agree to indemnify and hold the Purchaser harmless from ell costs snd damages sulTered by the Probst as a reult 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 became due hereunder without he prior written content of the other patty. 10. TITLE. The Seller watmarts full, clear and unrestricted title to the Purchase for all equipment, materials, and items fumuhed in programmer, of Otis agreement, Gee and clear of any and all liens, rcstrinimu, res .., spar ry interest encumbrances and claims ofomers. The Seller shall release the Purchaser and its computers of any tier from all liability and claims of any nature esulting from the performance of such work. This ml. shall apply coon in the sent of fault of negligence of the party release cad shall Arend to the direcrors, officers said employees of such party. The Sellers contmctnal obligations, including waa nty, shall not be &exad to be reduced, in any way, became such work is p nfamted or caused to be performed by the Punctuate. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, Relent, trademark or copyright. the Seller shall indemnify end use harmless the Purchaser from coy and all claims for infringement by reason of the use of such patented deign, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cos, expense or damage which it may be oblige m pay by rramn of such inGngement at any time during the prosecution or after the compleiw of the work. n case said equipment, or any pan Mercer or the intended use of Me goods, is in such suit held to roMtimte infringement and the use of said equipment or For b mjoind, the Seller shall, at its own expense and at its option, either praute for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noniufringing equipment, or modify it so it becomes noninfdnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrip, make an assignment for the bmefit of creditors, appoint a or trustee for any of the Sellers property or Furness, this order may foNmwith be canceled by the purchaser without liability. 16. GOVERNING LAW. The definitions ofterrm used or the nlesprnmion of the agreement and the rights of all parries hmmmJ,r shall be construed caber and governed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the swims of Sellers RepmxaativcD), on the premises of other. 17. SELLERS RESPONSIBILITY. The Seller stall carry on said work an Sellers our risk.1 the same is fully completed and accepted, and shall, ur case of any acciden, destruction or injury to the work and/or materials before Sellers finial compleion and ame,tatue, complete the work at Sellers own expeares, and to me smismction of me Purchaser. When rwterials and equipment are f ishd by others for installation or erection by the Sella, the Sella shall fame, unload, store and handle same at me site and become responsible therefor as though such materials amVor equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, ar his own expense, provide for the Payment of workers eampeMation, including occupational disease benefits, to its employees employed on or in co me lion with the work coveted by this puuhase order, andror to their dependents in acrnfdaace with the laws ofine seam in which the work is to be done. The Sella shall also retry comprehensive general liability including, but not limited to, emotional and automobile public liability insurance with bodily many and death limits afar least S300.000 for any one person, 550o.000 for any one accident and pmperry damage limit per accident of S400,000. The Sella shall likewise require his concencioni, if any, to provide for such compensation and imurance. Before any of the Sellers or his cwtmators employees shall do my work upon the premises of others, the Seller shall famish me Purchaser with a certificate that such compensation and insurance have been provided. Such cenificata shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expire. The Seller agrees that such compensation and insurance shall be maintained until caner the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby hssumes the entice responsibility and liability for any and ell damage, loss or injury ofany kind or tare, whatsoever to persons or prepary caused by or resulting from the execution of Me work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Puahuer and any or all of the Purchuaers officers, agents and employees fmm and against any and all claims, losses, damages, charges or expenses, whether direct or indirm, and whether to permns or property to which the Pumbasom may be pot or subject by reams of any act, action, neglect, omission or default on the part of the Sella, any of his contactors, or any of the Sellers or contrneurs officers, agents or employees. In care my suit or other proceedings shall be brought against the Purchaser, or in officers, agents or employees at any time on account or by reamn of tiny a, action, negla, omission or default of the Seller of tiny of his contractors or my of its or their officers, agents or employees ns aforesaid, the Sella hereby agrees to consume the defense mercer and to defend the same of the Sellers own expose, to pay any and all costs, charges, moomeys fees and other expenses, any and all judgments that may be matured by or obtained against the Pumhuan her any of its or their officers. agents or employees in such suits or other puaedings, and in case jvdgmrnt or other lien be placed upon or chained against the property ofine Purehmer, or said parries in or M a result of such suits or other proceedings, the Seller will at once came the same to be dissolved and discharged by giving bond or otherwise. The Sella and his contractors shall take sll 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 lim emoo, the Occupational Safety and Health Act of 1970 and all miss and regulation issued pursund thimem. Revised 03R010