Loading...
HomeMy WebLinkAbout165027 C D W GOVERNMENT INC - PURCHASE ORDER - 9145597Fort Collins Date: 09/26/2014 Vendor: 165027 C D W GOVERNMENT INC 230 N MILWAUKEE AVE VERNON HILLS IL 60061 PURCHASE ORDER PO Number Page 9145597 1 of 2 This number must appear on all invoices, packing slips and labels. Ship To: POLICE DEPARTMENT POLICE SERVICES 2221 SOUTH TIMBERLINE ROAD FORT COLLINS CO 80525 Delivery Date: 09/25/2014 Buyer: ED BONNETTE Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Pan 1 Yr Arbitrator 360 SW Mnt Per Quote FNMJ363 9/3/14 1 LOT LS PER QUOTE #FNMJ363 DATED 9/3/14 FROM ADAM RYAN AT CDW-G TO MARY MOORE AT FORT COLLINS POLICE IT. 1 YEAR RENEWAL ON PANASONIC ARBITRATOR SOFTWARE, 22 @ $299.03/EA = $6,578.66 DISTRIBUTED ELECTRONICALLY 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 6,578.66 Total $6,578.66 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 ran Collins is exempt from star and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption CertiOcate of Registry 94-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1971, Chapter 39-26, 114 (a). Goods Rajeoted. GOODS REJECTED due to failure to meet specifications, either when Shipped to due la defect of damage in transit, may be relumed in you for credit and are not to be replaced except upon receipt of written a-.. , Rom the City of Fort Collins. herse,lon. GOODS are Subject o the City of FOR Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services r equipment in response to this order can result in authorized payment on the pan of the City of FOR Collins. However. it is to he understood thatFINAL ACCEPTANCE is dependent upon completion of al I applicable required inspection pracedurrs. Freight Trans. Shipments must be PO.B., City of FOR Collins, 700 Ward St., Tom Collins, CO 80522. unless otherwise specified on this order. If permusion u given no prep y freight and charge seformely, the original freight bill must accompany invoice Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in surnours pans of the country, shipment is expected fmm the nemesr distribution point to destination, and excess fight will b< deducted from Invoice when shipments are made from greater distance. Permits. Seller shall Procure at sellers sole cost all necessary permit, certificates and license requited by all applicable how, regulations, ordinances and mks Of the state, municipality, territory or political subdivision where the work is penclarmed, or ankm d by any other duly constituted public eutboriry having jurisdiction over the work of vendor. Seller fuller, erg . Io hold the City of ran Collins hamtless from and against nil liability end loss ncuated by them by reason arm assend or established violation of any such laws, regulations, ordinances, tales and requirements. Aullovation. All pries to Nis contract agree that Ne represenmlives ere, in fact, Was file and fe. full and complete authority to bind said pasties. LIMITATION Or TERMS. This Purchase Order expressly limits occepmnce to the terms and conditions staled herein set morh and any supplementary or additional from, and conditions annexed hereto or incoryorated herein by reference. Any additional or different human and conditions proposed by seller a¢ objected m and harre Food. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediacly tryout cannot snake complete shipment to native on your promised delivery date m noted. Time is of the assmne. Delivery and perfortnmtt must be effected within the time stared on the purchase order and Ne documents armal d herem. No acts of the purchasers including, without Radiation, acceptance oFpuO,.l Ime deliveries, shall operate as a x'at,, of this provision. In the o'cut of any delay, the Pumhow, shall have, is addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Sella liable for damages. However, the Seller Shall not be liable far damages as a result of delays due to causes not reaainably foreseeable which are beyond its reasonable capital and w'idand it fault of negligence, such acts of Gas, acts ofcivil or military substrates, govemmenml pionties, fires, strikes, flood, epidemics, wars or riots Provided that notice of the conditions causing Such delay is given to the Purchaser within five (5) days of the time wham the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be extedd for the peed equal to the time annually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all gods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the billions, degree of con, and competence in accordance with accepted standards for work of a milar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Porca h xmay suffer or incur on account of the Sellers breach of womanly. The Seller shall replace, npair or make good, without cast to the purchaser, any defects or fault mining within one (1) year or within such longer period of time as may he prescibd by law or by the from of my applicable wantonly provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase oMe,. the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wi manties or guarantees, but such liability shall in no event include lass of pmfus or loss of me. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaxr may make any changes to nbe terms, other than kgnl mnnc, including nddilions In or delcocnn from the quantities originally ordered in the specifications or drawings, by verbal or vantlat change order. It tiny such change affect the summit due tar the time of ief'oennince hereunder, an equimblc adjustment shall be nmde. 6. TERMINATIONS. The Purchaser may at any time by written change mJa, terminate Ibis ugreemem nS many or rill portions of the goods then not Shipped, subject many aluinible adjustment between the panics m to any work or materials then in progress provided that the Panderer shall not be liable for any claims for anticipated profits no the uncompleted portion of the goods and/or work, far me dead or consequential caningn, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard Stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 9. CLAIMS FOR ADJUSTMF,NI'. Any claim for adjustment most be asserted within thirty (30) days from the date the change or Lamination is ordered. S. COMPLIANCE WITH LAW, The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and punished in strict omphance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulmions required to be incorporated in agreements of this chmrac tar are hereby Incarpommd heroin by this reference. The Seller agrees to indemnify and hold the Purchaser, harmless from all cost and damages suHtred by the purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior wriuen mosent of the other parry. 10. TITLE. The Seller warrant full, clear and i mestruded title to the Pu theta for all equippeart, un ialg, and items furnished in picafirmarrow. of Nis agreement, f and clear of any and all lien, resrictions, serrations, Security foment encumbranceand claims ofothers. 11. NONWAIVER. Failure of the Purchaser to insist upon Stint performance of the terms and conditions hereof, failure or delay to 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 goLLs hereunder or approval Oftbe design, shall nat releme 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 peffomtaam hereofor any of its rights or remedies as to any Such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default foremost, nor shall any purported oral modification or rescission of this purchase order by the Purchaser 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 resulting from antitrust vloktinn are in far. home by the Pushover Theretoforefar good cause and as consideration for 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 slate antitrust laws fen such overcharges relining m the particular goods or Services purchased or acquired by the Purchaser Pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Porringer directs the Seller to moved nonconforming or defective goods by a date W be agreed upon by the Purchaser and the Seller, and the Seller darrufter indicates its amplify or unwillingness to comply, the Purchaser may cause the work to be performed by the man expeditious means available Ip d, and the Seller shall pay all mit assotlmd with Such work. The Seller shall ¢lease the Purchaser and its contractors of any her ( all liability and claims of any nature resulting from the performance of,.h work. This release shall apply pen in the event of fault of negligence of the parry released and shall extend to the directors, officers and employees of such Party. The Sellers commetml obligations, including warmnly, shall cot be deemed to be reduced, in any way, because such work is performed or mused to be Perfumed by the Purchaser. 14. PATENTS. Whenever the Seller is rtyuirN to use any design, device, material or Is.ss covered by lever, potent, hudenuark or copyright, the Seller shall indemnify and Save hasmkss the Purchaser fora any and all claims for complement by r.a of the use of such panted design, device, material or process in mnnechan with the mnttam, and shall indemnify the Purcbaur for any cost, expense or damage which it may be obliged to pay by main of such infringement at any time during the prosecution or after the completion of the wart. In case said equipment, or any pan therm( or the intended ase of the goods, is in such suit held an ope ritor infringement and the tau of Said crimpmem or pan is enjoined, me Seller shall, at its own expense and at it option, either procure far the Purchaser the right to continue using Said equipmmr or port, replace the more with Substantially equal bur noninftinging cguipmem, or modify it so it becomes nardnGtnging. 15. INSOLVENCY. If the Seller shall become Iood rnt or bankrvpr, make as assignment far the benefil of creditors, appoint a or trustee fir any of the Sellers property or business, Nis order may foMw'ith be mnceld by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftemt used or the inrerpmmtion oflhe agreement and me rights of all parties hactinder shall be coustrurd under and g .ad by the laws afthe State of Colorado, USA. The following Additional Conditions apply only in moses where me Seller is to perform work hereunder, morta n6 the services of Sellers Repesentative(s), oat the premises Ofial 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at settees awn risk until the Same is fully completed and accepted, and shall, in e of my accident, destmction or injury to the work and/or rteials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When mmeials and equipment arc famished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the he and become responsible therefor as though such twterials and., equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compenation, including occupational disease benefit, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the Iawe of the stare in which the work is to be done. The Seller Shull also carry comprehensive general liability including, but not hmlted to, contractual and automobile public lonality insunmce with buddy injury and death limits of at least S300,000 for any one .an, $500,000 for any umaccident and propeny damage limit per accident of S400,000. The Seller shall likewise certain, his racmc, if any, to provide for such compensation and insurance, Before any of the Sellers or has commew s employees shall do any work upon the premises of others, the Seller shall famish the Paodsucr with a certificate that such compensation and insurance have been provided. Such cedificmes 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 the entire ouponsmal Ity and liability for my 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 Pumhaeer and my cr all of the Purchases officers, agent and employees from and against any and all claims, losses, damages, harges or 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 par of the Seller, my of his contractors, or any of the Sellers or contractors officers, agent or employees, In case any suit or other proceedings shall be brought against the Purchaser, or its officm, agents or employees at now time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or my of is or their officers, agents or employees as aforesaid. the Seller hereby agrees in assume the defense thereof and to defend the Same at the Sellers such expense, to pay my and all cost, charges, acomrys fees and other expenses, any and all judgment that may be incurred by or obtained against the Purehaer or any of it or their aRcen, agent or employees in Such Suit or other proceedings, and in case judgment or other lien be placed upon or obtained against the property offine purchases, or said parties in or as a result of such suit or other ptaceedings, the Seller will at once cause the Same to he dissolved and duchargd by giving band or otherwise. The Seiler and has contractors shall lake all Safety precaution, f ish and instill all guards necessary fen the prevention of accident, comply with all laws and regulation with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations Osued pursuant thercm. Revised 07120W