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HomeMy WebLinkAbout114178 DELL MARKETING LP - PURCHASE ORDER - 9142287Fort Collins PURCHASE ORDER PO Number Page 9142287 1of2 This number must appear on all invoices, packing sli s and labels. Date: 04/2412014 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: 04/2312014 Buyer: DOUG CLAPP Note: 2014A Lease Purchase 20511YYY30M/WSCA Line Description Quantity Ordered UOM Unit Price Extended Price Dell Venue 11 Pro 1 LOT EA 6,627.90 quantity (5) ref. quote # 675544403 dated 2/14/14 per Rick Domalski - (5) Dell Venue 11 Pro (210-ABGIr $1,325.58 - Freight - included Dept. IT contact: Michelle Carr ph# 970-221-6523 " Please call 24 hours prior to Shipment " 414 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.wrn Total $6.627.90 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 tuxes. Our Exemption Number u I I. NON WAIVER. 98-IM502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Callecmr of Failure of the Purchaser to Insist upon strict Importance of the terms and conditions hereof, failure or delay m Interval Revenue, Deaver, Cut ... do (Ref. Colorado Revised S.. 1923, Chapter 39-26, 114 pd) exercise any rights or remedies provided herein or by law, failure to promptly notify the Sel le, in the event of a breach, the acceptance of or payment fur goods hereunder or approval of0e designs, shall not release the Seller of Gents Rejector. GOODS REJECTED due to failure so meet specifications, either when shipped or due m defects of any of the warranties or obligations of this purchase order and shall or be deemed a waiver of any right of the damage in matssit, may be returned to you for credit and are not m b, replaced except upon receipt of written purchaser m insist upon strict performance hereof., any of its rights or remedies as to any such goads, regardless instructions from be City of Fort Collins. of when shipped, received or acceptd, to to any prior of subsequetn default heeewdeq nor shall any puryaned am[ modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City of For, Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result m 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to be undermorxl that FINAL Seller and the Purchaser recognize that in actual crommit, practice, overcharges resulting foam antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures, violations are in fact home by the Purchaser. Theremfxe, for gaud cause and as consideration for executing this purchase order, the Sella hereby assigns to the Purchaser any and all claims it may now have or bartender Freight Terms. Shipments most h F.O.B., City of Fort Collins, 700 Woal St., Fort Callus, CO 80522, unless acquired undn federal or store antiman, laws for such overcharges relating to the particular goods nr services otherwise specified on this other. Ifpennissum is given to prepay freight and charge separately, the original freight purchased or acquired by be Purchaser pursuant in this purchase order. bill muss accompany i... im. Additional charges for packing Will not be, accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where mannfamurers have distributing points in various pans of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be, agrvd upon by the expected from the nearest distribution prim to de, inmar, and excess freight will be dductd firm Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distance. may cause the work to be perforated by the most expeditious means available to it, and the Seller shall pay at I cons assaciatd with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, verificarrs and licenses required by all applicable laws, regulations, ordinances and rules of the sate, municipality, notion, or Political subdivision where The Seller shall release the Purchaser and its contractors of any her foam all liability end claims of any radere the work is performed. or national by any other duly connected public authority having jurisdiction over the work resulting from the performance of such work. of amdor. Seller further agrees to hold the City of Fon Collins harmless from and against all liability and loss incurred by them by reamn of an awned or established violation of any such laws, regulations, indicators, tales This mleam shall apply even in the evert of fault of negligence of the party released and bill extend to the and rcquiremems. directors, officers and employees Mauch patty. Authorization. All ponies to this comma agree that the representatives arc, in fact, ham fide and possess full and The Sellers co bustbd obligations, including wananry, shall not be deemd to be reduced, in any way, because complete authority to bind said parties. such work is Performed or caused m be performed by the Purchaser. LIMITATION OF 'PERMS This Purchase Order expressly limits acceptance to the terns and conditions stated herein set forth and any supplementary or additional tents and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and condilicats proposed by seller we objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediamly ifyau cacoal nuke complete shipment m arrive on your promised delivery date as arts. Time is of the essnte. Delivery and performance most he effected within the time haled on the purchase order and the documents attached hereto. No acts 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 Purchaser shill have, in addition to other legal and equiable remedies, the option of pl.,i., this tack, elsewhere and holding the Seller liable for damages H.... is, the Seller shall eat be liable for damages as . result of delays due to causes not reasonably foreseeable which we beyond its reasonable control and without its fault of negligence, such cars of Gs, acts of civil or military, authorities, governmental priorities fires, sufkes, nos, epidemics, wars or riots provided that notice of the conditions musing such rich, is given to the Purchaser within five (5) days of the time when, the Seller fast received knowledge thereof. In the ,at of any such delay, the date of delivery shall be extends for the period equal to the time actually lost by reams ofNe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifiemimrs, samples andor other descriptions given, will he fit far the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar came. The Seller agrees to hold the purchaser harmless foam any loss, damage or expense which be Producer may suffer or incur, on account of Ne Sellers breach of sea ,y. The Seller shall replace, repair or make good, winner cart to the purchase,, any defeers or faults arising within one (1) year or within such longer period of timeas may be promo ed by law or by be terms of any applicable waeranry provided by the Seller after the date of ccepance of the goods fumishd hereunder (acceptance rot an be unreasowbly dclayd), resulting from imperfect or defective work dune or materials famished by the Seller, Acceptance or use of goods by be Purchaser shall not constitute a waiver of any claim under his wanunty. Except as otherwise provided in this purchase order, the Sellers liability hmeumer shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss of Trans or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4, CHANGES IN LEGAL TERMS. The Purchases may make changes m legal toms by mount change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the moan, other than legal tams, including additions to or deletions foam the grmntiries originally ordered in be ap11inemom or drawings, by -Aril o written change .that. If my such change after. the amount due or the time of parfinmance hereunder, an equitable adjustment shall be tnnde. 6.TERMINATIONS. The Purchaser nay at any time by written change other, macrame this agreement as m any or all portiore of be goods then not shipped, subject to any equitable adjustment beftmon the Parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipmed profits on the br omplmd portion of ehe gwd, roads., work, far incidental or crosequential damages, and that no such adjustment he made in favor of the Seller with respect to any good which are the Sellers standard stork. No such uncommon stall rrline the Purchaser or the Seller of any of their obligations m to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller watmnts that all goods sold hereunder shall have hen produced, said, delivered and famished in strict omplimee with all applicable laws and regulation to which the goods are inflil The Seller shall exccate and deliver such documents as may be required to effect or evidence compliance. All laws and regulations evaluated to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser barmless from all casts and damages suffered by the Purchaser aw a result of be Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign. tare fer, or convey this oiler, or any monies due or to become due hereunder without be prior woman coment of Be other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Pumhasr for all equipment, materials, and items fumomed in perf err ance of this agreement, free and clear of any and all Liens, restrictions, reservations, security interest encumbrances and claims ofmhers. 14. PATENTS. Whenever the Seller is ree a red to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save healers the Purchaser From any and all claims for infringement by reason of the use of such Wrented design, device, comerial or process in connection with the contract, and shall indemnify the Pirmh'sir for any cost, expetsse or damage which it may be obliged to pay by reamn of such infringement at any time during the prosecution or after the completion of the work. In rose said attainment, or any pan thereof or the intended use of the goods, is in such suit held W emratlmm infringement and the use of said equipment of pan u enjoined, the Seller shall, at its own expense and at Its option, either procure for the Purchaser the right to continue using said tyuipment or pans, replace the same with substantially equal but mninfringing aluipmenr, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt make an assignment for the benefit of creditors, appoint a motion or trustee for any of the Sellers property or business, Nis oNe, may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terns used or the intereadmice of Ne agreement and the rights of all parties hereunder shall be coustmed under and govemed by the Inws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to Perform work hereunder, including the services of Sellers Representative(s), on the premiss of others. 17. SELLERS RESPONSIBILITY. The Sella shall tarty on said work at Sellers own risk until the same is fully mmplms and accepts, as shall, in case of any accident, di se inion or injury to the work put materials befoae Seller's final completion and acceptance, complete the work at Seller's awn expense and to the satisfaction of be Purchaser. When materials and equipment are famished by ethers for installation or emenun by the Seller, be Seller shall receive, unload, store and handle same at the site and became responsible therefor as though such materials and/or equipment were being morainal by the Seller under the order. 18, INSURANCE. The Seller shall, at his own expense, provide for be payment of workers mmpensm m, including occupatiowl disease benefits, to its employees employs an or in .,lion with the week covered by this purchase All arNor to ,Mir dependents in accordance with the laws of the stare in which the work is to be done. The Seller shall also tarty comprehensive general liability including, but not limits to, contractual and automobile public liability tnsumna,w'im bodily injury and death limits of at least Sodium flu any one person, E5(ad for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractor, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises or others, the Seller shall famish be Purchaser with a cenumme that such compensation and insurance have been provided. Such certificates shall specify the date when such corner cation and insurance have been provided. Such renifcatas shall specify be date when such computation and insurance expires. The Seller agrees nor such compensation and insurance shall be nainuined until after the entire work is completed and azcepraL 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby nseumes the cmire responsibility, and liability for any and all damage, loss or injury ofany kind or nature whatsoever to permits or property caused by or resulting Icom the execution of the work provided for in this purchase order or in connection herewith The Seller will indemnify and hold harmless the Purchaser and any cr all of the Purchasers officers, agents and employees from and against any and m all claims, fears, daages, harge o, expenses, whether direct or indimm, and whether to persons in property to which the Purchaser may be Put or subject by reason of any oil action, neglect, omission or default on the From of the Seller, any of his ...,am or any of the Sellers or contactors officers, agents m employees. In case any suit or other pmceri ings shall be brought option, the Purchaser, or its officers, agrnh 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 Seller hereby agrees to assume the defense thereof and to defend the same at Sellers own expense, to pay any and all costs, charges, avomrys fees and other exp asses, any and all judgments that may be Incurred by or obtained against the Purchaser or any of its or their officer, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed bran or obtained against be property of the Purchaser, or said parties in or as a result of such suits or other proceedings, the Seller will at once cause me same to be dissolved ns discharged by giving band or otherwise. The Seller and his contractors shall one all safety limitations, famish aod meant all guards necessary for be mocco rom of accidents, comply wins all laws end regulations win regard to safety including, be, Without limitation Ne Occupational Safety and Hat An of 1970 and all tales And regulations issued pursuant thereto. Revised (Ga010