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HomeMy WebLinkAbout114178 DELL MARKETING LP - PURCHASE ORDER - 9142286Fort Collins Date: 04/24/2014 PURCHASE ORDER PO Number Page 9142286 left This number must appear on all invoices, packing sli s and labels. Vendor: 114178 Ship To: MIS DELL MARKETING LP CITY OF FORT COLLINS ONE DELL WAY 215 N MASON, 3RD FLOOR MS: RR1-35 FORT COLLINS CO 80524-4408 ROUND ROCK TX 78682 Delivery Date: 04/23/2014 Buyer: DOUG CLAPP Note: 2014A Lease Purchase 20511YYY30MNVSCA Line Description Quantity Ordered UOM Unit Price Extended Price Dell Precision T3610 1 LOT EA 5,139.96 quantity (4) ref. quote # 6775543535 dated 2/14/14 per Rick Domalski - (4) Dell Precision T3610 CTO Base (210-AAXE) - $1,294.99 - 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.00m Total $5.139.96 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. COMMERCIALDEfA1LS. Tax exemptions. By shotute the City of Fan Collins is exempt from stale and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Goods R cr ed. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in humid may he removed to you for credit and are not to be replaced except upon receipt of writers imtmctiow from the City of Fort Collins. Inspection. GOODS we subject a the City of Fan Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, wifires r equipment in response to this order canresult in authorized payment on the pan of the City of FanCollins. However, it is to be understand thatFINAL ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. Freight Terms. Shipments most he F O.B., City of Fan Collins, 100 Woad St, Fan Collins, CO 80522, unless calamine specified on this ordea If permission is given m prepay freight and charge separately, the original freight bill most acmmpeny it ovs. Additional charges for poking will not be accepted. Shipment Distance. Where manufacturers have distributing paints in various pans of the country, shipment is expected tram the nearest distribution in, to b,mmonon, and excess I'reide will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sale cost all necessary grounds. certificates end lmacn required by all applicable laws, regulations, volcanoes, and roles of the Irate, municipality, temmry or Political subdivision where the work is performed, or required by any other duly emmimud Public authority having jurisdiction over the work of vendor. Seller under agrees to bold the City of I. Collins hmmden from and i gniwt all liability and Ins incurred by them by rwsen of an asserted or established violation of any such laws, regulation, ordinances, roles and requirements. Authorization. All parties m this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplemenury or additiowl arms and ronditimrs annexed herein or mein fir red herein by reference. Any additional or different terms and conditions proposed by sella are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immcimely tryout cannot make complete shipment to arrive on your pramixd delivery d to m noted. Time is of the essence. Delivery and performance mast be eReaed within the time slated on the p.,chase older and the documents attached hereto. No acts of the Pachasem including, without limitation, acceptance ofporial late deliveries, shall operate as a waiver of Nis provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing his 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 nationality fareettable which are beyond its reasonable con rol and warrant its fault ofnegligence, such acts of cod, acts nrrivil or military authorities, governmental primitics, fires, strikes, flood, epidemics, wars fir riots provided that notice ofthe conditions causing such delay is given to the Purchaser within five (5) days of the time whoa the Seller first received knowledge thereof. In the event of any 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, materials and work covered by this order will conform with applicable drawings, mocificmions, sample and/or other descriptions given, will be fit far the purposes intended, and performed with be highest degree of care and competence in accordance with accepted sandmd= on work of a similar opium. The Sella agrees to hold the purchaser hmmless fmm any lass, damage or expense which be purchaser may sufferor incur on azcount ofthe Sellers breach of warranty. The Seller final replace, repair or make good, without cost to the purchaser, ray defma or faults arising within ow (1) year or within such longer period of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller alter the date of acceptance of the prods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials finished by the Seller. Acceptance or use of goods by the Purchases shall viol constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, be Sellers liability be runder shall extend W all damages proximately caused by the breach of any of the foregoing warnanties or gwmntces, but such liability shall f no event include lass of profits or loss of me NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Parchment may make changes to legal tetra by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tams, other than legal terns, including additions to or deletions from the quantities odgiwlly ordered I. the speed.. now or drawings, by verbal or wrimar change order. If any such change affects the amount due or the time ofperfotmantt hereunder an equitable adjustment shall be made. b. TERMINATIONS. The Purchaser, may ar any time by written change order, termiwu this agreement so No any or all prnioos of the goods then not shipped, subject to any equitable adjustment between the parties as many work or materials then in progress provided Nat the Purchaser shall vim be liable for any claims for anticipated profits on the uncompleted portion offer goods andor work, for incidental or consequential dantagrs, and that no such adjustment be made in favor i f fhe Seller with respect to any goods which are the Sellers standard stock. No such mornamion shall relieve the Purchaser Or the Sella of any of their obligations as to any goods delinand hereunder. 1. CLAIMS FOR ADJUSTMENT. Any claim for wdlustwwm most be extended within thirty (30) days fmm 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 are subject. the Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be ncorpnmted in agreements of this character arc hereby incorporated herein by this reference. The Sella agrees to indemnify and hold the Purchaser harmless from an cosy and damages suffered by the PmcRsser as a result of the Sellers failure to comply with such low. 9. ASSIGNMENT. Neither parry shall assign, mwfer, or convey this order, or any monies due or to thaome due IrcreuMer without the prior wdnen consent ofthe other party. I O. TITLE. The Seller warrants full, clear and tmresuined title to be Purchaser for all equipment, materials, and items famished in perfomance of this agreement Ira and clear of any and all he., rtstricbron. faervmirw, savrity interest encumbrances and claims .fathers. 11. NON WADTR. Failure of the Purchaser to insist from strict performance of the terms and conditions hereof, failure or delay m exercise 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 or appr seal ofbe design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not Ire deemed a waiver of any right of the purchaser to insist upon strict performance hereofor any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, in to any prior or subsclurnt default remainder, nor shall any p rl orked road mmtifwtion or rescission of this pumhau order by the Purchaser operate as a waiver of any of the terms hrrof. 12. ASSIGNMENT OF ANT'11 RUST CLAIMS. Sella and the Purchaser recognize that in acfal a is practice, tierchargresulting from antitrust violations are in fact bone by the Purchases. Thmto efore nIS, rs o xI mosr and as cowideoasion far executing this purchase order, the Seller hereby assign m the Purchaser any and all claims it may now have or herea0rr acquired under federal or state antioust laws for such overcharge, redoing to the panicali r goods or services purchased or acquired by be Purchi pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaer and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be perfumed by the most expeditious means available to it, and the Seller shall pay all casts associated with such work. The Seller shall release be Purchaser and its mmerrow, of any Tier from all liability and claims of any wrote resulting from the performance of such work. This relcme shall apply <vm in the event of fault of negligence of the parry released and shall extend to the directors, officers and employees i fsuch party. The Sellers mutation] obligations, including wasramy, shall nor be deemed to Ae reduced, in any way, because such work is subm al or caused to be performed by the Purchaser. 14. PATENTS. Wheaeef the Seller is required to sex any, design, device, material or process covered by lever, pat.L trademark copynds, the Seller shall indemnify and save harmless the purchaser from any and all claims for dnfrin6ranaw by reason of the, use of such repeated design, device, bouri it or process in co arsta o r with the contract, cad shall indemnify the Puchaser for any cast, expense or damage which it may be obliged to Pay by reason of such infringement at my time during the promention or after the completion of the work. In cox said equipment, or any an thereof or the intended rose of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its awn expense and at its option, either procure for the Purchaser the fight to continue using and equipment or parts, replace be sine with substantially equal but ...infringing equipment, or ruddy it so it becomes aoninfringing. 15. INSOLVENCY. If the Sella shall become insolvent or lemkmpt, make an assigmreo for the bereft of creditors, appoint a receiver or trustee for any of the Sellers property or business, this mother nay foMwith he canceled by the Purchava without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation ofthe agreement and be rights of all parties hereunder shall be, constmed under and governed by the laws of the State ofColarado, USA. The following Aedimsed Conditions apply only in taus where the Sella is to perform work hereunder, including the smdcrs of Sellers Rrpresenative(s), on the premises afi thers. IT. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in cone of any accidear, destruction or i jury to the work and/or materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of be Purchaser. When materials and aripment are furnished by others for installation or erection by the Seller the Sella shall return , unload. store and handle same at the site and become responsible therefor as though such materials and/or equipment were beings uhed by the Sella under the order. 18. INSURANCE. The Sella shall, at his own expense, provide for the payment of workers compensation, including acupatiowl disease benefits, to its employees employed on or in cannerman with the work covered by this purchase order, andiar to then 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 automobile public liability insurance with bodily injury and death limits of at least S300.100 for any one person. S500,000 for any one accident and property damage limit per accident of $400,000. The Sella shall likewise aware his ionfirsions. if any, to provide for such compenxtion and iusorance. Before my of the Sellers or has contractors employees shall do any work upon be premises of others, the Seller shall famish the Puchaser with a certificate that such con,prnsation and insurance have hewn provided. Such cenifotes but specify the date when such compensation and untion ce have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall ber maintained until are, the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. Ile Seller hereby ressfirms the entire responsibility and liability Lou any and all damage, loss or injury crony kind or nature whensoever to persons or property, musrd by or resulting from the exemtion of the work provided for in this purchase order or b, variation Herewith. The Sella will indemnify and hold harmless be Purchaser and any or all of the Purchasers officers, agma and employees fmm and against any and all claims, loses, damages, charges or expenses, whether direct or incorrect, and whether to persona m property W which the Purchaser may he put or subject by rmmn of any act, action, neglect, omission or default on the part of fie Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall b, brought against the purchaser, or its oRcers, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Sella hereby agrees to assume the defense thereof and to defend the same err the Sellers own expe se, ra pay any and all costs, charge, attomcys fees and other expanses, any msd all judgments that my be incurred by or obuind against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in came judgment or other lien be, placed upon or chuffed again the property ofthe Purchaser, or said Forties in or as a result winch suits or other proceedings. be Sella will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contmaors shall take all safety precaution, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard in safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all miles and regulations issued pursuant therein. Revised 03R010