Loading...
HomeMy WebLinkAbout281742 HEWLETT-PACKARD CO - PURCHASE ORDER - 9144559Fort Collins Date: 08/08/2014 Vendor: 281742 HEWLETT-PACKARD CO PO BOX 101149 ATLANTA GA 30392-1149 PURCHASE ORDER PO Number Page 9144559 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: 08/08/2014 Buyer: ED BONNETTE Note: PRICING PER STATE OF COLORADO PRICING AGREEMENT #20511YYY31M/WSCA AND QUOTE #9649940 FROM CINDY JACQUOT DATED 7/8/2014. Line Description Quantity UOM Unit Price Extended Ordered Price HP QUOTE#9649940 1 LOT LS 6,346.63 DL380p/DL360p for PD-DTS HP ProLiant DL380p Gen8 Server, per quote 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.mm Total .. Pay terms net 30 days 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 Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Cenific le of Rat 84-6000587 is registered with the Colleaor of Internal Revenue, Denver, Cal do (Ref. Colorado Revised Stories 1973, Chapter 39-26, 114 (a). Garb Rejected. GOODS REJECTED due to failure to meet sped fiestions, either when shipped or due to defects of damage in tars it, may he resumed to you for credit and art not to he replaced except upon receipt of written instructions fro the City of Fan Collins. Inspection. GOODS are subjm to the City of Fon Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order cc, result in authorized payment on the pan of the City of Pan Collins. However, it is to be understood thatFINAL ACCEPTANCE is dependent upon completion of at I applicable required inspection procedures. Freight Terms. Shipments must be EO➢_ City of Pon Collies, 700 Woad St., Fort Collins, CO 80522, unless otherwise specified on this order If permission is given to prepay freight and charge separately, the original freight bill inns, accompany invoice. Additional charges for puking will not he.crpled. Shipment Distance. Wbere mamfactorers have disttibming points in various puts of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greaser distance. Permits. Seller shall procure at sellers sale it all necessary permits, emificn¢s and licences required by all applicable laws, regulations, nNiranees and rules ofthe state, municipality, territory or political subdivision where the work is performed, or required by any other duly conslirled public midamry havingjuriadiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and lass internal by them by reason of an assured or established violation of any such laws, regulations, ordinances, rates toad requirements. Authoritarian. All panic to this contact agree that the representatives me, in fact, hoes fide and possess full and complete authority ro bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any snpplemenary or additional terms and conditions annexed herein or incorporated herein by reference, Any additional or different terns and cundui—is proposed by seller are objected to and hereby tutored. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou carom make complete shipment to arrive on your promised delivery date as rated. Time is of the essence. Delivery, and peif.min. a mass he ell clad within the time stated on the purchase order and the documents attached harem. No acts of the Purchasers including, without limitation, acceptance ofismisl late 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 remodies, the vionn of placing 'his order elsewhere and holdmg the Seller liable for damages. However, she Setter shall not he liable I., damages as a result of delays due an causes not reasonably foreseeable which sere beyond its reasonable mnsral and without its turn of negligence, such ace of God, acts of civil or military authorities, governmental pr omies, fines, strikes, Flood, epidemic,, wars or riots provided that notice of the conditions causing such delay is given ro the Purchaser within five (5) days of the time when the Seller find received knowledge thereof. In the event of any such delay, the date of delivery shall he extended for the period equal to the time actually lost by town of the delay. 3. WARRANTY. The Seiler warrants that all goods, micles, materials and work covered by this order will eanfmm with applicable drawings, specifications, samples art other descriptions given, will he fit for the purposes intended, 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 hurmless from any loss, damage or expense which the Purchaser may suffer or incur on account ofthe Sellers breach Df warranty. I'he Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (p year or within such longer Period of time as may be presented by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the goats famished hereunder (.ttptaece Out to W mornmeably delayed), resulting from imperfect or defective work done or materials firrnislad by the Seller. Acceptance or use of goods by the Purchaser shall not omtimte a waiver of any claim under this warm y. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the Brach of any of the f going warranties or guammees, but such liability shall in no evenl include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL "PERMS. The Purchaser may make changes to legal terms by written change order. .. S. CHANGES IN COMMERCIAL TERMS. The Purchaver may make any changes to she terns, other than legal terms. including additions to or deletions from the quarififies originally ordered in the specificationi or drawings, by verbal or written change ore,. if any such change affects the amount due or the time nfperfotmance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchase, may to tiny time by written change order, temumme this agrecmem as to any or all portions of the goods then not shipped, subject to any equitable adjusment between the parties as to any work or materials then in pmgrem provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted Pat of she gaab ansitor work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seiler with respect to any good which now she Sellers standard stock. No such terrnimmusto shall relieve the Purchaser or the Seller of my oftheir obligations as to my good delivered hereunder. t. CLAIMS FOR ADJUSTMENT. Any claim for mjustment most be asserted within thirty (3o) days from 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 good are subject, The Seller shall execule and deliver such documents as may be required to effect or evidece compliance. All laws and regulations required to be incorporated in agreementi of this character are hereby mempomad herein by Nis reference. The Seller agrees to indemnify and held the Purchaser, lumdess from all costs and damages sunned by Ne Purchaser as a result of Ne 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 the prior written consent of the other parry. I O. TITLE. The Seller warrants; full, clear and meadmced rifle to due Purohaver for all equipment, materials, and items famished in performance of this agrtemevr, fire and clear of my and all fins, restrictions, resrnarions, security inrerest encumbrances aad claims afothers. I I. NONWAIVER. Failure of the Pumhasrr to insist upon strict performance of the terms and conditions hereof, failure or delay to 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 good hereunder or approval of the design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hereof., any of its rights ar remedies as to any such goats, regardless of when shipped, received of accepted,. ba any prim or subsequent default heeunder, rmr shall any puryoned oral modification or rescission of this purchase order by the Forebear operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges remhing from antitrust violations are in fact home by the Purchaser. Theretofore, for VW muse and nor consideration Far executing this purchase order. the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under federal or state antitrust laws for such overcharges mlaling to the particular goods or services purchased or acquired by the Pmchuef pursuant ro this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller m correct naman famring or defective goods by a date to b<agrexd upon by the Purchaser and fie Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means mailable to it, and the Seller shall tiny all rusts associated with such work. The Seller shall release the Purchaser and its contractors of any tier tram all liability and claims of any, nature resulting from the perfonwnce of such work. This release shall apply even in the event of fault of negligence of the pary released and shall extend m the directors, officers and employees ofsuch parry. The Sellers contractual obligations, including warranty, shall nor he denied to be reduced, in any way, because such work is performed or caused ro be performed by Ne Purchaser. 14. PATENTS. Whenever the Seller is required m use any design, device, material or process covered by letter, patent, trademark r copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with she contract, and shall indemnify the Purchaser for any cast, expense or damage which it may he obliged to pay by reason of such inGngement at any time during the prosecution or after due completion of the work. In ease said equipment, or any pan thermf or the intended use of the goods, is in such suit held to constimte infringement cod the use of said equipment in pan is enjoined, she Seller shall, al its own expense and at ins option, either procure for due Parchasm the right to continue rising said equipment or pans, replace the mine with substantially equal but noninfringing equipment, or modify it m it becomes noninfiinging. 15. INSOLVENCY. If the Seller shall become insolvent m bankrupt, make m assignment for the benefit of creditors, optimal s receiver or trustee for any of the Sellers property or business, this Older may forthwith be canceled by the Purchaser without llablld, 16. GOVERNING LAW. The definitions of terms used or the interpretation ofthe agreement rout she rights of all parties hereunder shall be construed under and g..cand by the laws of the State of Colorado, USA. The following Additional Conditions apply only in caws where the Seller is to perform work hereunder, malu lm, tha services of Sellers Rela ventatis,B), on the premises. fathers. 17. SELLERS RESPONSIBILITY. The Seller shall tarty on mid work at Sellers own risk until she same is fully completed and aceepsed, and shall, in rose of any accident, dclmction or injury to due work anNor materials before Sellers final completion and acceptance, complete the work at Sellers own expense and m the satisfaction of the Purchaser. Wben materials aad equipment art industrial by others for installation or erection by the Seller. the Seller shall receive, ranked, nad, stare and handle same at the site and become responsible therefor as though such materials mallm equipment were being famished by rue Seller under the order. _. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, in its employees employed on or in connection with the work covered by this purchase orde,i mNor to their dependents in accordance with the laws of due suite in which the work is to he done. The Seller shall also tarty wmprehent general liability including, but nor limited W. mnuacnal and automobile public liability insurance with bodily moury and death limits of at least S3W," for any one person, S5o0,o00 or say one accident said property damage limit tin .,ideal of S400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and irtsurence. Before my of One Seller or his contractors employees shall do my work upon the premises of others, sue Seller shall furnish the Purchaser with a tempest, that such compensation and insurance have been provided, Such certificates shall specify rise date when such oopensolion nod insurance have been provided. Such certificates shall specify the dute when such aompenmnon and insurance expires. The Seller agrees that such compensation and insurance shall be amiummnW until one, fie entire work is cmoplele l add.cepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby sssumes the entire taponsibility and hatmiry for my and all damage, loss or injury of any kind or tare, whatsoeverto persons or property caused by or resulting from the execution ofthe work provided for in this pureluse order m in connection heresvilh. The Seller will indemnify and hold hvmless the Purchaser aM my r all of the Parchown,s oRc us, agents and employees from and against Any and all claims, losses, damages, charges ar expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contaclos officers, agents or employees. In case any suit or other proceedings shall he brought against the Purrhama or its oRc ins, agents or employees ar any time On .c rta t 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 oRcers, agents m employees as aforesaid, the Seller hereby agrees r assume Ne defense thereof and ro defend the vme an the Sellers own expense, to pay any and all rims. charges, mrmeys fees and other expense; any and all judgments that may he incurred by or obtained i gaunt the Purchaser or any of its m their.Mcers, agents or employees in such suits or other proceedings, and in cost judgment or other lien be placed upon or obtained against the property ofthe Purchaser, or said parties in or M a result critter suits Or other proceedings, the Seller will at once cause the same to he dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety prccoutime, fumish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all tales and regulations issued pursuant thereto. Revised 07n014