HomeMy WebLinkAbout114178 DELL MARKETING LP - PURCHASE ORDER - 9142285Fort Collins
Date: 04/24/2014
Vendor: 114178
DELL MARKETING LP
ONE DELL WAY
MS: RR1-35
ROUND ROCK TX 78682
PURCHASE ORDER
PO Number Page
9142285 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
20511YYY30M/WSCA
Line Description Quantity UOM Unit Price Extended
Ordered Price
t Dell Latitude E6440 CTO
quantity (75)
ref. quote # 675543204
dated 2/14/14
per Rick Domalski
(75) Latitude E6440 CTO (210-AAXJ)- $1,387.56
Freight - included
Dept. IT
contact: Michelle Carr
ph# 970-221-6523
"" Please call 24 hours
to
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.com
1 LOT EA
104,067.00
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 Fan Collins is exempt from sure and local taxes. Our Exemption Number is
11. NON WAIVER.
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000589 is registered with me Collector of
Failure of the Purchaser to insist upon strict performance of the terms and conditions hereo( failure or delay to
Immoral Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26,114 (a).
exercise any rights or remedies presided herein a by law, failure to promptly notify the Seller in the event of a
breach, the acceptances of or payment for goods hereunder or approval of the design, shall not release the Seller of
Goods Rejected. GOODS REJECTED due to reduce as men siaccifiewhouse, either when shipped or due to defmts of
any of the warranties or obligations of this purchase order and shall rat be deemed is waiver of any right of the
damage in transit, may ha reamed to you for credit and me not to be replaced except upon receipt of wrten
purchastt to insist upon strict pefomantt hereof or my of its rights or remedies as to any such goods, regardless
instructions fiom the City of Fort Collins.
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any Functional
oral modification or reacission of this purchase order by the Purchaser operate as a waiver of any of the terms
Inspection. GOODS are subject o the City affront Collins inspection on arrival.
hereof.
Final Acceptance. Receipt of the merchandise, se r rquipmenr in rapmese to ibis order an real in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pan of the City of Fort Collins. Howae, it is to be understood Out FINAL
Seller rest the Purchaser rmogmre that in acnal «000ndc macrice, overcharges resulting fmm mtitrust
ACCEPTANCE u depeMrnt upon completion oral] applicable inquired inspection procedures.
violations arc in fxt home by the Purchases. Theretofore. far good muse and m romideration for executing Otis
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may raw have or hereafter
Freight Terns. Shipments must be F.O.H., City of Fan Collins, 7W Wood Sr, Fun Collins, CO 80522. unless
acquired under federal or suite antitrust laws for such overcharges odi ing to me particular goods or services
otherwise specified on this order. If permission is given to prepay freight and charge uparmely, the original freight
purchased or acquired by the Purchaser pursuant to this purchase order,
bill mast accompany invoice, Additional charges for packing will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is
I(the Purchaser directs the Seller to correct noncunfoaning or defective goods by a date to be, agreed upon by the
expected from the nearest dinnbmion in, to demlwaion, and excess freight will be deducted from Invoice when
Purchaser and the Seller, and the Seller thereafter iMimtes its inability or unwillingness as comply. doe Pmchacr
shipments are made from greater distance.
may cause the work as be performed by do, moss expeditious means available to it, cord the Seller shall pay of
costs teacciaed widh such work.
Permits. Seller shall proamse at sellers sole root all nmessary permits, certificates and licenses rtrtial by all
applicable laws, regulations, ar inanas end mles of the state, municipality, mrrimry or political subdivision where
The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature
the work is Dam n,a], or required by any other duly constituted public authority having j id,d'mrion over the work
resulting from the performance of such work,
of vendor. Seller further agrees to hold the City of Fan Collins harmless from wait against all liability and loss
incurred by them by remain of an auaced or established violation of any such laws, regulations, ordinances, rules
This release shall apply even in the event of fault of negligence of the party released and shall extend to the
and requirements.
directors, officers and employees ofstich party.
Authentication. All ponies to this contract agree that the upusenutives ore, in fact, hoe fide and possess full and
omplete authority m bind said panics.
LIMITATION Or TERMS This Purchase Order expirsaly limits acceptance to the terns and conditions canted
herein set forth and any supplementary or additional rams and conditions annexed hereto or incoryurmed herein by
reference. Any additional or different terns and conditions proposed by seller are objected to and hereby adated.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT item timely if you cannot make complete shipment, to arrive oa your
promlsed delivery done as noted. Time is of the asi Delivary and gap... must ha effaced within the aims
stated on the purchase Omer and the documents attached herein. No mk or the Purchasers including• without
limitation, acceptance of panial lam deliveries, shall operate as a waiver of this provision. In the event of any delay,
the Purchaser 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 delays
due to causes not remonably foreseeable which ere beyond its reasonable control and without its fault of negligrce,
such acts ofGod, acts of civil or military authorities, govemmrnul pdonjus,f a strikes flood, epidemics, wars or
rink provided Nat notice of the conditions causing such delay is give to she Purchaser within five (5) days of me
time when the Seller first received knowledge therm[ In she event of any such delay, me date of delivery shall be
extended for the period equal to the time actually lost by reason office delay.
3. WARRANTY.
The Sella warrants that all goods, articles, materials and work covered by this order will conform with applicable
dawngs, specification, samples and/or oNer description given, will be ❑t for the purposes immnded and
perfcmed with the highest degree of mm and competentt in accordance with mcemat maadard for work of a
radar wart. The Seller agrees to hold he purchaser harmless from any loss, damage or expene which the
Purchaser may suffer am incur on account of IN, Sellers breach of warranty. The Seller shall MI., repair err make
good, without cost to the purchaser. any defects or faults mising wihin one (1) year or wihin such longer period of
time as may he prescribed by law or by the terms of any applicable warranty provided by the Seller net the date of
acceptance of the goods fmisbed hereunder (acceptance not to be unreasonably delayed), resulting from imperf t
or defective work done or materials famished by the Seller. Acceptance or tau of goods by the Purchaser shall not
consumer a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers
liability hemunda shall extent ta all damages proximmely caned by the breach of any of the foregoing wammeles
or guarantert but such liability shall in no event include lax Of profits 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 moms by wrinen change oNer.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other than legal isM, including additions to oc deletions from
she quantities optimally ordered in the specification, or drawings, by vedul or wrinm change order. If any such
change affects the ememt due or the time of performmtt hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, terminate this agreement as to any or all porouns of the
goods men not shipped, subject to any equitable adjustment between the parties as to nay work or materials then in
progress provided that the Purchaser shall not be liable for any claims for anticipated profits an the uncmmpleled
portion of the good ardor work, for incidental or roeequearie damages, and that an such adjustment be not in
favor office Seller with respect to any goad which are the Sellers standard stack. No such temdation shall relieve
the Purchaser or the Sella of any of their obligations as W my goods delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be evened within thirty (30) days from the date the change or larmication is
indicted.
S. COMPLIANCE WITH LAW.
The Seller waormm that all goods sold hereunder shall have lichen produced, sold, delivered staff famished in smca
ompliance with all applicable laws and radii now to which file goad are subject. The Seller shall exa me and
deliver such documents as may be, required to effect or evidence compliance. All taws and regulations required to be
ncaryorm d in agreements of this Ohmmeter me hereby incorporated herein by this reference. The Sella agrees to
indemnify and hold the Purchaser hamaless from all rocs and damages suffered by the Purchaser as a resale of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither perry shall sessiga, transfer, or convey this Omer, or any mooues due or as became due heremder without the
prior writen consent of me other parry.
10. TITLE.
The Seller warrants full, clear and unmanned title 0 the Purchaser for all equipment, materials, and items famished
in performance of this agreement free and clear of my and all lip, restrictions, reservmiom, security interest
encumbrances and claims of oNer.
The Seller's contractual obligations, including warranty, shall rat be deemed a be reduced, in any way, became
such work is performed or caused m nd performed by the Purchaser.
14. PATENTS.
Whenever the Seller is remind to now any design, device, material or process covered by letter, patent, trademark
or copyright the Seller shall indemnify and save band ss me Purchaser from any and all claims for infringement
by reason of the use of such po tubed design, device, marshal of process in Connecticut with the contract, and
shall indemnify the Purchaser for any root expense or damage which it may be obliged m pay by reason of such
Inf teRmarit at any time during the precaution or after race completion of the work. In case said equipment or
my pan thereof or rise intended use of the grads, is in such suit held to accurate imdngemem and me use of
said equipment or pan is enjoined, the Seller shall, at its own expense and at its olwa o, either proems far me
Purchaser the right to reunion, using said equipment or pans, replace the same with substantially equal bur
noninf inging equipment, or modify it so it becomes noninfdnging.
15. INSOLVENCY.
If me Seller abed became insolvent or bankrupt, make an assignment for the beoefb of creditors, appoint a
receiver or tru9ee for any of the Sellers progeny or bnVaess, this ceder may forthwith be canceled by me
Purchmer without liability.
16. GOVERNING LAW.
The definitions cf terns used or the intmpmounim of the agreement and me rights of all parties hereunder shall be
constrtaed under mid govemed by the laws of the State of Colorado, USA.
The following Additional Conditions apply only in cases where the Seller is an perform work hecemder,
including the services of Sellers Repressnmtice s), on me premises ofotharc
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Seller's own risk until the snore is fully completed and accrpmd, and sM1all,
in u of any accident, destruction or injury to the work and/or materials carbon, Sellers final completion and
acceptance, complete the work at Sellas own expene and to rise satisfaction of the Purchaser. When materials
and equipment are famished by others for installation or erection by Oe Seller, the Seller shall receive, reload,
some most handle same at ahc site and become rmpmsible therefor as though such materials ardor equipment
were being fmlshed by the Seller under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational
disease benefits, an its employees employed on or in connection with me work covered by this purchase order,
wager to their dependrnts in accordance with the laws of the mile in which the work is to be done. The Seller
shall also tarry comprehcnive general liability including, but not limited to, coutractwl and automobile public
liability imummi with bodily injury and death limits of m least S300,000 for my one person, S503,000 for any
one accident and pmperly damage limit per accident of S400,000. The Seller shall likewise require his
comrdcmrs, if any, as provide for such compensation and lmomnee. Before any of the Sellers or his contracors
employees shall do any walk upon me premises of others, the Seller shall famish the readmit, with a catificae
chat such compensation and insurance have been provided. Such cenificates shall specify she data when such
compensation and insurance have been provided. Such cenificates shall specify the date when such compasmiou
and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the
entire work is compleled and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby as m the entire responsibility and liability for my and all damage, loss or injury of my kind
or were whatsoever to persons or property caused by or resulting from the execution of the work provided for in
this purchow order or in connection herewith. The Seller will indemnify and hold hmmless the Purchaser and any
cr all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages,
harges or expenses, whether direct or indirect, and whether to pefom or property, to which the Purchaser may
be put or subject by reason of my act, action, neglect omission or default on me pan of the Seller, any of his
mntracmas or soy of the Sellers m coneracom officers, agens or employees. In erne my suit or other
proceedings shall be brought againt the Purchaser, or its officers, agees or employees at my time on mentim or
by sawn Of any act mlien, neglect, omission or default of me Seller Of any of his contractors or my of its or
their officers, agents or employees as aforesaid, the Seller hereby agrees to assume me defense thereof and to
defend the same in the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses,
any and all judgment; that may be incurred by or obtained against the Purchaser or any of its or their oRcers,
agents or employees in such suits or ofer proceedings, and m rase judgment or other lien M placed upon or
obuimd egaint the progeny, of Ne Purchaser, or said parties N Or as a result of such suits or other proceedings,
the Seller will se oat roux the same to be dissolved said discharged by giving bond m omcrwiae. Thc Seller and
his coutmmars shall take all safety precaution, famish and mull all guard necessary for the prevention of
accidents, comply with all laws and regulations with regain an safety including, but without limitation, the
Occupational Safety and Health Act Of 1970 and all tales and regulations issued Formal tharto.
Revised 0312010