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HomeMy WebLinkAbout114178 DELL MARKETING LP - PURCHASE ORDER - 9146379City of Fort Collins PURCHASE ORDER PO Number Page 9146379 1of2 This number must appear on all invoices, packing sli s and labels. Date: 10/31/2014 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: 10/31/2014 Buyer: ED BONNETTE Note: PRICING PER STATE OF COLORADO/WSCA PRICING AGREEMENT #20511YYY30M/WSCA. THIS PURCHASE ORDER IS A CONTRACT FOR DELIVERY OF GOODS. Line Description Quantity Ordered UOM Unit Price Extended Price 1 DELL QUOTE#694004953 1 LOT LS 5,237.35 TABLETS QTY (7) 2 DELL QUOTE#693935534 1 LOT LS 55,394.80 LATITUDE E6440 QTY (40) UNIT IS RATED EPEAT GOLD. 3 DELL QUOTE#694003720 1 LOT LS 6,898.40 DELL VENUE QTY (5) 4 DELL QUOTE#693934865 1 LOT LS 91,444.60 OPTI FLEX 9020M BTX QTY (130) UNIT IS RATED EPEAT GOLD. 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 and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax axemptioa. By statute the City of Fan Collins is exempt from stale and local taxes. Our Exemption Number is 98-04502. Federal Exei a Tax Exemption Certificate of Registry 84fi000580 is registered with the Collector of Internal Revenue, Denver, Crime& (Ref. Colomda Revised Statute, 1973, Chapter 39-26, 114 (a). Good Rejected. GOODS REJECTED due to failure to men specifications, eiNef when shipped or due on defics. of damage in mandit, may be returned to you for credit and are not to be replaced except upon receipt of women instructions farm the City of Fort Collins. Impaction. GOODS are subject to the City of Fort Collins inspection on amrival. Final Acceptance. Receipt of the merchandise, services or quipmnt th response to this order can result in w1honved Payment on Ne pan of the City of Food Call.. However, a is to be understood thin FINAL ACCEPTANCE is dependent upon completion ofall applicable required impation procedures. Freight Terms. Shipments must be F.O.D., City of Fort Collins, 700 Wood St, Fan Collins, CO $0522, unless otherwise specifed on this order. If pcmrissio t is given to prepay freight and charge separately, the original freigla bill must accompany invoice. Additional charges for peeking will not be accepted. Shipment Distance. Where mxnuforarem have distributing Points in varam pans of the country, shipment is expected from the nearest distribution paint to destination, and excess freight will be deducted from Invoice when shipments in made from mon, diverec. Persins. Seller shall procure .at sailers sole cast all necessary Permits, certificates and licenses required by all applicable laws, regulations, ordinances and roles of the sate, municipality, untitory or Political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Soon further agrees to hold the City of Fort Collie harmless from and against all liability and loss incurred by them by reason of an assured or established violation of any such laws, regulations, ordinances, roles and requirements. Authorization. All parties to this contract agree that flue fepfexntarives art, in fact, bom fide and posers full and complete authority to bind mid panics. LIMITATION OF TERMS. This Purchase Order expressly limits accemamx to the terms arc conditions stated herein in forth and any supplementary or additional to. and co iditiom annexed hereto or incorporated herein by reference. Any additional or diRc era It. not mnditrons proposN by seller are objected no and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately Kyou cowl make complete shipment 10 arrive on your promised delivery dine as nored. Time is of the essence. Delivery and performance must he effected within the time stored on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deivcnes, shall opeme as a waiverof this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and quirstdc remedies, the option ofplacing this order elsewhere and bolding the Seller liable for damages. However, the Seller shall not bo liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable con0al and without its fault of negligence, such acts of God, acts of civil or military authorities, governmental pdomies, 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 Ne time when the Seller first received knowledge thereof In the event of any such delay, the date of delivery shall be extended for the pedal equal to the time actually lost by rearm of the delay. 3. WARRANTY. The Seller warrants that all giads, articles, materials and work covered by this order will cormarm with applicable drawings, specilimriem. samples mWar other descriptions given, will be ❑t for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standard for work of a similar nature The Seller agrees an hold the purchaser harmless from any lass, damage or expcom which the Purchaser may suffer or incur on account ofthe Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer pmod of time or may be prescribed by law or by the temp ofany applicable warranty provided by the Seller after the data of acmplance of the goad fumishs hereander (acceptance not to ha urnersumbly delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of grads by the Purchaser shall not amtimte a waiver ofany, claim ujer this werreaty. Except is otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages Proximately caused by the breach of my of the foregoing warranties or guafamees, but such liability shall in no went include lass ofpmfits of Ins of sex. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser my make changes to legal term by wrinen change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to me terms, other Jun legal remis, including additions to or deletions from the quantities ongially ordered in the specifications or drawings, by verbal or when change order . If any such change affects the amount due or the time ofperformace hereadet, an equitable adjustment shall he made. 6. TERMINATIONS. The Purchaser may at any time by written change order, mmtiaro this wommucnr as to any or all portions, of the gaud then not shipped, subject my tyunable adjustment betwem the allies as to any work or raterids then in progress provided that the Purchaser shall not be liable for any claims for anticipated proftts oa the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any good which see the Sellers standard Stock. No such termination shall relieve the Purchaser or the Seller of any of their ubligmiuns as to any goads delivered hereunder. Z CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assened within thirty (30) days from the date the change or Lamination is ordered. B. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, said, delivered and famished in strict compliance with all applicable laws and regulations to which the goads are subject. The Seller shall execute and deliver such documents as may he required to effect or evidence compliance All laws and regulations required w be ncoryoramd in agr annamr of this character are hereby momprrared herein by Has reface. The Seller agrees to indemnify and hold the Purchaser hmmless from all cools and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or money his order, or any mutdes due tar w Jim. due hereunder without he prior won" common ofthe offer party. 10. TITLE. The Seller warrants full, clear and committed title to me Purchaser for all quipment, materials, and items furnished in perfefmaac of this agreement fare and clear of any and all Jim, restrictions, reservations, memory interest cacumbrans. and claims ofothers. 11. NONWAIVER. failure of the Purchaser to insist upon strip perfrms. of the It. and conditions hereof, failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in don event of a breach, bc the acceptetm of or Payment for goods hereunder or approval of the design, shall riot release he Seiler of any of the warranties or obligations of this purchase offer and shall not he deemed a waiver of my right of the Purchaser in most upon strict performance heeafor any of its rights or remedies as to any such good, regardless of wbm shipped, received or accepted, as many prior or subsequent default hereunder, rot shall any purported and moddictio u or resnssion of Nis purchase order by the Purchaser operatr as is waiver of any of the temp hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognise Nat in actual economic practice, a ercharges resulting from ntitmst violations are in fact home by the Purchaser. Theodolitic, for good came and as consideration for executing this purchase offer, the Seller hereby assigns to Ne Purchaser any and all claims it may now have or hereafter acquired under federal or state arimrst Laws for such overcharges retaring to the particular goods or services purchased or acquired by the Purchaser pursam to Nis purchase offer. ❑. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goads by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness a comply, the Purchaser may came the work to be performed by the most expeditious means :available to it, and the Seller shall pay all cuss msncims with such wad:. The Seller shall r,[a., the Purchaser and its contractors of any tier fain all liability and claims of any naure resulting from the performance of such work. This releuse shall apply recent in the went of fault of negligrnce of the pray released and shall extend or the directors, officers and employees ofsuch pi The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, th any way, because such work is performed curatorial to be performed by the Furtherer. 14, PATENTS. Whenever the Seller is required to use any design, device, material or process covered by lever, patent trademark or copyright, the Seller shall indemnify and save M1arnlea he Purchaser from any and all claims for infringement by reason of the me of such pounded design, device, material or process in connection with Ne counsel, and shall indemnify the Purchaser for any emu, expense are damage which it may be obliged to Pay by reason ofsuch infringement many time coding the prosaution or after the completion of Nc work. In cam said equipment, or my pan thereof or the intended two of the good, is in such suit held to mmtimte infringument and the use of said equipment or pan is joined, the Seller shall, at its own capture and in its option, either procure for the Purchaser the fight to continue using mid equipment or puts, replace the same with substantially equal but resubmitting equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If no Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a elver or trustee for any of the Sellers ampany or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The defindom ofterms used or the interpretation ofthe agreement and the rights of all parties hereunder shall be consumed under and governed by the laws cf the Slate of Colorado, USA. The following Additional Conditions apply only in taus where the Seller is to perform work hereunder, including the services of Sellers Represenative(s), on the premises etchers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on mid work in Sellers own risk until the mode is fully completed and accepts, and shall, in case of any accident, destruction or injury to the work madbor materials before Se11Ms final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When matmak and equipment art fumishad by others for installation or erection by the Seller, the Seller shall receive, whoa, stare and handle more at the site and become responsible therefor as though such materials and/or equipment were being fumishs by Ne Seller made the order. I S. INSURANCE. The Seller shall, m his own expense, provide for the payment of worker comprmation, including compatio al disease benefits, to its employees employed an or in connection with the work covered by this purchase order, mNm to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry mmpahe ssive gmel liability including, but not limited to, contracted and automobile public liability insurance with bodily injury and death limits of as least $30 ,000 for any am peoa, 5500,0e0 for any one accident and property, damage limit per accident of S400,000. The Seller shall likewise require his ex amachux, if any, to provide for such mmpcmatt. and imorancr. Before any of the Sellers of his coni.e. employees shall do any work upon the premisesi f others. the Seller shall f ish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the data when such ompemation and imumnce have been provided. Such cenificmes shall specify the date when such compenm en and insurance expires. The Sella agrees that such confirmation and insurance shall be m urinated and after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss of injury of any kind or mere whomever to persam or property caused by or resulting from 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 my an all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirecl, and whether to peons or property to which the Purchaser may be put or subject by reason of my act action, neglect, omission are default on the an of the Seller, any of his continuum, or any of Ne Sellers or comments officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at my 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, Ne Seller hereby agree to assume the defense Nermf and to defend the some at he Sellers own expense, to Pay my it all it, charges, atwmrys fees and older expertxs, any and all judgments that may be incurs by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or offer proceedings, and in case judgment or other Een be placed upon or obtained against he property of the Purchaser, or mid parties to or as is result of such suits or when prazediagr. the Sella will at one cause he some to be dissolved and discharged by giving bond or otherwise. The Seller and has contractors shall take all safety precauhm, famish and inde all guard naassay, for the Prevention of accidents, comply with all cows and regulations with regard to safety including, but without limitation, he Occupational Safety and Health Act of 1970 and all roles aj regulations issued pursuant heron. Revised 07n014 Total