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HomeMy WebLinkAbout281742 HEWLETT-PACKARD CO - PURCHASE ORDER - 9144559 (2)Fort Collins PURCHASE ORDER PO Number Page 9144559 1of2 This number must appear on all invoices, packing sli s and labels. Date: 08/08/2014 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: 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 2 HP CARE PACK 5 YEARS 1 LOT EA 892.80 PROLIANT DL380, QTY 1 3 HP PROLIANT DL360P 1 LOT EA 7,240.92 QTY 2 4 HP CARE PACK 5 YEARS 1 LOT EA 3,400.00 PROLIANT DL360, QTY 2 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.com 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. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fon Cullins is exempt tram state and local taxes. Our Exemption Number is 11. NONWAIVF.R. 98-04503. Federal Excise Tax Exemption Certificate of Registry 84-600058I is registered with the Colleclnr of Fullure of the Purchaser to insist upon smart performance of the term, and conditions hereof, failure or delay W Internal Revenue, Denver, Colorado (Ref. Colorado Revised Senate, 1973, Chapter 39Q6, 114 (a). exercise any rights or remedies provided herein or by law, failure W promptly nofiry the Seller in the event of a breach, the acceptance of or payment for greatly hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the wamnlies or obligalions of this purchase oNer and shall not be deemed a waiver of any right of the damage in transit, may be returned to you for credit and am not to be replaced except upon receipt of women Purchaser to insist upon sufet performance hereofor any of its rights or remedies as. to any such goods, regardless instructions man fie City of Port Collins. of when shipped, received or accepted, as to my prior or subsequent default hereunder, nor shall any purported oral mWifcation or rescission of this purchase order by the Purchaser operate as a waiver of any of the Iermw Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof. Tina[ Armimmee. Receipt of the merchandise, services or equipment in response to this order an result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorised payment on the pan of the CiCity.f Fort Collins. However, it is to be understood door FINAL Seller and the Purchaser recognise that in actual economic practice, Overcharges resulting fmm antitrust ACCEPTANCE is dependent upon completion of all applicable required inspmrion procedures. victorious are in fact home by the Purchase, Theretofore, rfotr goad cause and as consideration for executing his purchase order, the Seller hereby assigns to the Purchaser any mN all claims it may now have or hereafter Freight Terms. Shipments most be F.O.D., City of Fort Collins, 700 Wood St, Fon Collins, CO 80522, unless acquired major federal or state antitrust laws for such mamformes reining to the particular good or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the anginal freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most accomoanv invoice. Additional charges for oackinu will not be accouter. Shipment Distance. Where manufacturers have dismouing Points in vad.us pans of the country, shipment is expected from fe neatest distribution prim to destination, and excess freight will be deducted from Invoice when shipments ate made from 8major distance. Perot. Seller shall procure at sellers sole cost all necessary permits, corifemes and Iicensa required by all applicable laws, m,mlmions, ordimences and roles of the some, municipality, terrimry or political subdivision where the work is perfumed, or acquired by any other duly constimed public outfirny havingjunsdiciion over the work of vendor. Seller fuller Woma to held the City of Fort Collier harmless from and against all liability and loss incurred by them by reamer of an occurred or extablishal violation of my such laws, regulations, underarm, roles and acquirements. Aurhonntion. All parties to his smntmn agree that the repreunutires art, in fact, bow fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS, This Purchase Order expressly limits importance to the terms and conditions word herein set fond and any supplementary or additional terms and conditions annexed hereW or incorporated herein by reference. Any additional or diRerent terms and conditions proposed by seller are objected to all hereby reported. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immalimdy tryout annol make complete shipment to wrive an your promised delivery date as noted. Time is ofthe essence. Delivery and pert once most be effected within the time stated m the purchase order and the documents anwhal harm. No acts of the Purchasers including, without limitation, acceptance i f,ca l late dellveda, shall Warom ss a waiver of this pmsnhon. In the event of any delay, the Purebaxr shall have, in addition to other legal and equitable comedies, 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 mutt of delays due to causes not reasonably fomerable which are beyond its ream able central all without its fault of negligence, such aces of God. acts ofcivdl or military authorities, promotional priorities, fires, strikes, floral, epidemics, wars or riots Provided deal notice offe conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller fiat received knowledge Nermf In the event crony such delay, the also, of delivery shall be extended for the prod equal to We time actually last by reason of the delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable drawings, xpecifcmions, sample and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standard for work of a 'similar wtufe. The Seller agree W hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account ofthe Sellers breach of warrany. The Seller shill replace, repair or make good, without cost to the Purchase, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or bythe terms crony applicable warranty provided by the Seller after the data of acceptwce of the goods fmishal hereunder (acceptance not to be unreasonably delayed), multing from impartial or defective work dune or materials famished by the Seller. Acceptance or use of good by the Purchaser shall not orerimte a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximamhy caused by the breach of any of the f rc,ming wrmmtea or guarantee; but such liability shall in no event include lass of prefts or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILD Y OR OF FITNESS FOR PURPOSE SI IALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes W legal lams by venuert change under. 5. CHANGES IN COMMERCIAL TERMS. The Premiermay make any changes W the terms. Other than legal teens, including additions W or delelions from the quantities ordered In the specolen ons or drawings, by verbal or ranon clmnge order. If any much change affects the amount due or the time ofperfurmmmc hereunder, oa equitable adjustment shall be mare. 6. TERMINATIONS. The Purchaser may at any time by written change order, dominate this agreement as W any or all porticnx of the goods then not shipped, subject n any equitable adjustment between the Forties as to any work or materials than in progress provided that the Purchaser shall not be liable for any claims for anticipated proNs an the uncompleted portion of the goods andror work, for incidental or consequential damages, and that no such adjustment be made in favor of fie Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seiler crony aftheir obligations as to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days fmm the date the change or termination is .adored. I. 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 W which be gwd are subject. The Seller shall execute and deliver such documents as may be acqubal to effect or evidence compliance. All laws and regulations required to be numpemted in agreements of this character are hereby incorporated herein by this reference. The Seller agrees he indemnify and hold fie Purchaser ha ld from all costs and damages suffered by the Purchaser as a result of the Sellers failure W comply with such law. 9. ASSIGNMENT. Neither party, shall assign, transfer, or convoy this order, or any monies due or to become due hereunder evifoutthe prior wrinen comrnt offe other parry. IO.TITLE. The Seller warrants full, clear and constricted title to to Purchaser for all cqeipmrnt matemis, end it. furnished in performance of this agreement, free and clear of any and oil loom, mtnctious, resmmions, summary interest mcambcences and claims crethers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective good by a date to be agreed upon by the Purchaser and the Seller and the Seller thereafter indicates its inability or unwillingness to comply, the Purchase, may or. the wads to be performed by the most expeditious means available W it, and use Seller shall pay all costs acsocutal with such wah. The Seller shall ¢lease the Purchaser and its contractors of any tier from all liability and claims of any ramre minting from be performance of such weak. This release shall apply nos in the event of fault of negligence of the part retrieval and shall extend to fie directors, officers and employees of such parry. The Seller's contractual obligations, including wassanry, shall not be deemed W Lou redacal, in any way, Been. such work is perfomted or ..it to be patffosmM by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by lever From, trademark or copyright, fire Seller shall indemnify and save harmless the Purchaser from any and all claims err inlringmtem by reawa of the use of each a mmmd design, device, material or process in ...a with the contract all shall indemnify the Purchaser for any cost, expense or damage which it may Is, obliged to pay by reason of such infringement at any time during the promearion or other the completion of the weak. In case said equipment, or any pan Nereuf or the intended am of the good, is in such suit held to constimm infingeanem and Ile use of said equipment or pan is enjoined, the Seller shall, an its owm expeme and an its option, eider procure for the Purchaser the right or continue using said equipment or pars, replace the same with substantially cq.al but arcninfringing equipment, or modify it so it becomes nordahGtnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assigmnmr for the benefit of creditors, appoint a receive, or a num for any of the Sellers property or loomess, this aide, may foMwuh be cartttled by der Purchaser without liability. 16. GOVERNING LAW. The definition ofterms weal or the interpretation offe agreement and the rights of all parties hereunder shall be onslmed under and governed by the laws of the Sate of Colorado, USA. The following Additional Conditinw apply only Or cous where the Seller is W perform work hereunder, including the services of Sellers Represennove(s), on the famous. ofothem 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in u of any accident, destruction or injury to the work and., materials before Sellers fiwl completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchases When materials and equipment arc famished by others for i..Italian or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being fumishod by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occapational disease benefits, to its ecapf...s employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the sore in which the work is to be done. The Seller shall also cony camprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limit, of at least S300,000 for any one Person. S500.000 far any one accident and pmpeny damage limit per accident of $400,000. The Seller shall likewise require his if any, to provide for such compression and monearence. Before any of the Sellers orhis contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a cenifeate that such eonipersation and insurance have been provided Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and Insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes fie entire responsibility and liability for any and all image, loss or injury of any kind r nature whatsoever or persons or property caused by or resulting from the execution ofthe work provided fur in this purchase order or in connection herewith. The Seller will indemnify and hold hmmless the Purchaser and any r all of the Purchasers officers, agents and employees from all against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property W which the Purchaver may be put or subject by reason of any act, action, neglect, omission or default on the port of the Seller, any of his antmaars, Or any of the Sellers or commctors officers, agents or employees. In care any suit or Other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time an account or by reawn of any act action, neglect, omission or default of the Seller of any of his continuous or any of its or their officers, agents or employees as afncessid, fie Seller hereby agrees W auume the defense fercof and to defend he same or the Seller own expense, W pay any and all casts, charges, wh meys fees and other expenses, any and all judgments that may be inserted by or obtained against the Purchaser or any of its or their officers, agents or employers in such suits or other proceedings, sod in ease judgment or other lion be placed upon or obtained against the property of the Purchase, or said parties in or as a result of such loin or ofer praeedings, the Seller will at once cause $e same to be dissolved and discloomd by giving bond or otherwise. The Seiler and his contractors shall take all safety prmautiors, famish and install all ghmrds necessary for else prevention of accidents, comply with all laws mN regulations wit remal W safety including, bur without insulation, the Occupational Safety and Health Act of 1970 and all roles and regulation issued pursuant therero. Revised 07rz014