Loading...
HomeMy WebLinkAbout281742 HEWLETT-PACKARD CO - PURCHASE ORDER - 9143114City of �,.F�ort Collins PURCHASE ORDER PO Number Page 9143114 1of2 This number must appear on all invoices, packing sli s and labels. Date: 06/04/2014 Vendor: 281742 Ship To: MIS HEWLETT-PACKARD CO CITY OF FORT COLLINS PO BOX 101149 215 N MASON, 3RD FLOOR ATLANTA GA 30392-1149 FORT COLLINS CO 80524-4408 Delivery Date: 06/04/2014 Buyer: DAVID CAREY Note: PER QUOTE #9549763 DATED 5/28/14 FROM CINDY JACQUOT. PRICING IS PER STATE OF COLORADO/WSCA PRICING AGREEMENT 20511 YYY31 M/WSCA. Line Description Quantity Ordered UOM Unit Price Extended Price t HP PROLIANT BL460C GEN8 1 LOT LS 28,129.62 QTY (3) BLADE SERVERS HP QUOTE# 9549763 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 Total $28,129.62 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. COMMERCIALDETAILS. Tax exemptions. By statute the City of Von Collins is exempt fmm slate and local taxes. Our Exemption Number is 11. NON WAIVER. 98-04502. Federal Excise Tax Exemption Ceaifcam of Registry 84-64p0587 is registered with the Collector. of Failure ofthe Purchaser to insist upon slier pafomuna of the terns and conditions hereof, failure or delay in Integral Revenue, Denver, Colorado (Ref. Colorado Revised Statures 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 breech, the acceptance ofor payment for goods hereunder or approval of the design, shall not release dre Serer of Goads Rejected. GOODS REJECTED due to failure to meet specification, either when shipped or due 10 defects of mY of the warranties or obligations of this purchase order and shall not m deemed a waiver of any right of the damage in land. may be Women to you for credit and arc not to be replaced except upon receipt of wham purchaser to insist upon strict performance hermfor any of its rights or remedies as to any such goods, regardless instructions fmm the City of Pon Collins. of whom shipped, received or aas ccepted, to any prior or subsequent default hereander, nor shall any purymted oral modification or marission of this purchase mien by the Purchaser operate Or a waiver of any of the terms Inspection. GOODS arc subject o the City of Fan Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12, ASSIGNMENT OF ANTITRUST CLAIMS. authodad Formal on the port of the City of Fort Collie. However, it is m be mdersfaod then FINAL Seller mM dre Pmchrom recognize than in raw] economic pmclme, machanga resulting from meiarm, ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact bone by the Purchues. Theretofore, far good cause and m considnimus. far executing this purchase order, the Seller hereby assigns to the Purchaer any and all claims it may now have or hereafter Freight Terms. Shipments most be F.O.H., City of Fan Collins, 700 Wood St, Fan Collins, CO 80522, unless acquired under federal or slope command laws for such overchargs, relating to the particular goods or services otherwise specified on this order. 11 permission is given 10 prepay freight and charge separately, the original freight purchased or acquired by the Paramour pursuant to this purchase order. bill rood accompany im'oice. Additional changes for Parking will Trot h arcapted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Disgrace. WIncre manufacturers have distributing points in Noun. pans of the voi shipment is Ifte Purchaser directs the Sella to correct nonconforming or detective good by a dam to be agreed upon by the expected fmm the nearest distribution point to destruction, ..it execs freight will be dedu red from Invoice when Purchaser and the Sella, end the Seller thereafter indicates its inability or unwillingness to comply, be Purchaser shipments are made form .is, distance. ray no. the wart m be performed by the most expaddimai means available an it, and the Seller shall pay all casts asowimN with such work. Permits. Seller shall procure at sellers sole en all necessary permits, emifcates and licenses required by all applicable laws, regulmisri ordinances and roles of the slate, municipality, territory, or political subdivision where the work is performed, or requited by any other duly constituted public authority having jurisdiction over the work of vendor. Set let further agrees to hold the City of Fan Cullim hamless from and again all liability and lass incurred by them by masan of an demncd or esubf had violation of any such laws, regulations, ordinances, rules and rogi menu. Authoritarian. All panics as this contract agree that the representatives are, in Net, bona fide and possess full and omplete authority m bind said panics. LIMITATION OF TERMS. This Progreso Order expressly limits acceptance to the teens and conditions stated human set It and any supplementary or additional tames and conditions annexed hereto or incorporated herein by reference. Any additional or different omes and conditions proposed by seller are objected to and hereby jetted. 2 DELIVERY. PLEASE ADVISE PURCHASING A6EN"e I' it ncdi dely ifyou cannot make complete shipment he amve on your promised delivery date as noted,lithe lime is Of thecososc. Deliveryand ped. mane must be a❑aced within the time stated on the purchase order and fie documents nituolod hereto. No nets of the Purchasers including, without limitation, uvaptunce id punial Ina deliveries shall operam as a waiver of this provision. In the event of any delay, ,he Purchusm shall have, in addition ,,other legal and equitable remedies, the option Of placing this not elsewhere and holding the Seller liable for damages. However the Sellcr shall rat be Iioble fur damages .ax a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of Gad, acts of civil or military authorities, gtwor memul prie nties, fires Strikes ❑ood, epidemics, wars or riots provided that notice of the conditions cousing such delay is given to the Purchaser within five (S)day, of the time when the Seller four received knowledge thereof. In the event of any such delay, the data of delivery shall be extended for the period .at ro the time .,.all, lost by reason oftha delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work cmeral by this order will conform with applicable drawings, specifications, samples and/or other dercnptiom given, will be, Et far the purposes in¢nded and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which rise Pasch ner may suffin or incur on account ofthe Sellers breach of warranty. The Sellcr shall replace, repair or make gonad, without cost to the purchaer, any defects at ferule, arising within one (I) year or within such longer pmind of time as may be, prescribed by law or by the terms ofany applicable warranty Provided by the Seller after the daze of acceptance of the good f rmishal hereunder boon, ana not to m unreasonably delayed), resulting from nu mfaf or defective work done or materials fumishcd by the Seller. Acceptance or use of goods by the Purchaser shall not comtitute a waiver ofany claim order this.1y. Except m otherwise provided in this ptuchose, order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing whammies or gr aromas, but such liability shall in no event include loss of profits or lass of mse. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal temp by written change order 5. CHANGES IN COMMERCIAL TERMS. The Pa¢hoser may make any changes to the meats, other than legal wines, including arm itimss to or deletions from the quantifies unlimitedly ordered in the span ifteniom m drawings, by venial or women change order. If any such change affects the amount due or the time of performance henutder, an amiable adjustment shall be made. 6. TERMINATIONS. The purchaser may at any time by wnucn change Order, terminate this agreement de la any of all portions of the goods then not shipped, subject to any equitable adjustment between the panics as to any work or matenal, than in fingers provided that the Purchaser shall not be liable lot any claims for anticipated profits on dre uncompleted Portion of the goods and/or work, for incidental or camequenial damages, and that no such adjustmem be made in favor of the Seller with respect to any goods which are the Sellers sundard stock. No such onfignarion shall relieve the Purchaser or the Seller ofany of their obligations as to any good delivered hereunder. T CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (3U) days from the date the change or mommtion is ordered. 8. COMPLIANCE WITH I LAW. The Seller warrmns that all good sold hereunder shall have been produced, sold, delivered and famished in short compliance with all applicable laws and regulations It) which the goods are subject. The Seller shall execute and deliver such documents as may be requital to eftbx or evidence compliance. All laws and vegetations salaried In be incorporated in agreements of this <homewr, am hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamdess from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither patty shall design, transfer, or convey this order, or any manias due or t0 become due hereunder without the prior winch common ofrhe other parry. I O. TITLE. The Seller warrants full, clear and unhatriered title to the Purchaser for all equipment, mawrials, and items famished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of orders. The Seller shall release the Purchases and its contractors of any tier from all liability and claims of any ounce ,.all, from the performance of such work. This release hall apply even in the event of fault of negligence of the party released and shall extend m the directors, officers and employees ofsuch pan,. The Sellers contractual obligations, including womanly, shall not be deemed to be reduced, in any way, became such work is perfommd or caused to be performed by the Purchaser. 14, PATENTS. Whenever the Seller is nyuined to use any design, device, material or process covered by letter, patent, trademark r copyright, the Seller shall indemnify and save hamdess the Purchaser from any and all claims for infringement by reason of the asof such Totaled design, device, material Or pro criterion with the contract, ad Shall indemnify he purchase, far.any cost, cxpen. or damage which it any be obliged to pare y by at infringement at any time during the prosecution or alter the completion of the work. In case said equipment, or any an thereof Or the intended me ofthe gouda Is In such it, bell] to constitute IOfrl ngemen, vad the use of said equipment Or pan is enjoined, the Seller fail, at its own cxpen and at its Option, either pro re for the Purchaser doe right to continue using said e,tiprrm or pans, replace fhe anme with substantially equal but noninfrm,ar, equipment, or modify, it so it becomes noninfirmung. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of credimrs, appoint is receiver or trustee for any of the Sellers Property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terns used or the interpretation ofthe agreement and the rights of all parries hereunder shall be committed under and governed by the laws ofthe State ofColomdo, USA. The following Additional Conditions apply only in cue where the Seller is to perform whelk hereunder, including the services of Sellers Riamesenmtive(s), oa the premises afothers. 17. SELLERS RESPONSIBILITY. The Seller shall tarty on said work at Sell&, own risk until the same is fully completed and accepted and shall, in use of any accident, destruction m injury to the work snNor materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When maternals and equipment are famished by others f installation or erection by the Seller, the Seller shall receive, unlot sort and handle same at the site and become reapomible therefor as though such materials -War ryuyromm were being famished by ncc Sella under the order. 18. INSURANCE. The Seller shall, at his awn asperse. Provide for the payment of w'orkm compensation, including occuparional disease benefits, to its employees employed on or in connexion with the work covered by this pumaasc orde, and/or to Their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive Vraml liability including but nor limited to, confidential and automobile public liability insurance ward bably injury and death limits of ID I., S3.,OdO f any one prison, SSWOKKI far any We accident and property damage limit Per accident of S400.000. The Seller shall likewise require his ifmy, to provide for such compensation and insurance. Milan, any of the Sellers or his contractors employees shall do my work upon the premises of others, the Seller shall famish the Purchaser with a onerficae that such compensation and luxuriate have ban provided. Such certificates shall specify, the date when such compensation and insurance have ban provided. Such cenifiwtes shall specify the date when such compensation and insurance expires. The Seller agrees that such compemmion and immvnce shall the maintained until after the entire work is completed and areepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire resPomibiliry and liability for any and all damage, loss or injury of any kind or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Purchasers officers, agents and employers from and against any and all claims, losses damages, charges or expenses, whether direct or indirect. and whether to persons or property to which the Purchaser may be pat or subject by reason of any at, action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors oBleees, agents or employees. In case any .it Or other proceedings shall be brought against the Purchaser. or its officers, agents or employees at any time on account or by reason of any or, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees in humanid the Seller hereby agrees to assume the defense thereof and W defend the same at the Sellers own expense, to pay any and all costs, charges, anomeys Los and Other expenses, my and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Perelman, or said parties in or in a result of such suits or order proceedings, the Seller will ed once calm the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and imall all guards necessary for the prevention of accidents, comply with all laws and tegulatiors with regard m safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant therem. Revised 03n010