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HomeMy WebLinkAbout114178 DELL MARKETING LP - PURCHASE ORDER - 9147043PO PURCHASE ORDER 914704er Page City of PURCHASE 47043 t of 2 Flirt Collins( his number must packing !I\V`I ` V �7 on all invoices, packing sli s and labels. Date: 1210112014 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: 12/01/2014 Buyer: ED BONNETTE Note: DELL OPTIPLEX 701OMT ARE RATED EPEAT GOLD. Line Description Quantity Ordered UOM Unit Price Extended Price 1 DELL EQUOTE#1012430485353 1 LOT LS 11,970.56 POLICE OPTIPLEX 7010 MT QTY(8) 2 DELL EQUOTE#1012430485353 1 LOT LS 2,639.88 POLICE DELL FLAT MONITORS (12) 3 DELL PROMOTIONAL DISCOUTN 1 LOT LS -5,552.08 POLICE Pay terms net 30 days Invoice Address: 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 City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO BOX 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCLM.DETAIIS. Tax exemptions. By statute me City of Fort Collins is exempt f state and hard taxes. Our Exemption Number is 11. NONWAIVER. 98 (4502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon arms performance afthe terms end mnditians hereof, failure or delay to Interned Revenue, David. Coloask (Ref. Colorado Revised Samtn 1973, Chapter39-36. 114 (a), exercise my rights in remedies provided bedew at by law, failure to Promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereander cr approval of me design, shall not release the Seller of Goods Rejected GOODS REJECTED due to failure to meet spaifiectirns, either when shipped or due to defects of any of the warranties Or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in tansit, may be retuand to you for credit and art not to be replaced except upon receipt of wriren purchow, to insist upon stria, pe,f...c hereof., any ari%rights or demdies as to any such goods, regardless instructions from the City of Fart Collins. of when shipped, received or accepted, as to my prior or subsequent default M1dand., nor shall any guryoned oat modifmtion or rescission of Nis purchase order by the Purchaser operate as is waiver of any of the tends Inspection. GOODS arc subject in the City of Fort Collins inspection on variant, hadeof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 13. ASSIGNMENT OF ANTITRUST CLAIMS. mmonaed payment on the pan of the City of ran Collins. However, it is to be understand that FINAL Seller and the ruminated decognixe that in actual economic practice, overcharges duetting from antitrust ACCEPTANCE. deup pertddituncompletionofall sgNiareq bleuird inspection procedures. violations are in fact home by the Pumas..Theretofore, for good cause and a consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any red all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Fort Collins, Too Wood St, Fort Collins, CO $0522, unless acquired under federal or state mtitruq laws for such overcharges relating to the particular goods or services aNetwim specified on this order. If permission. given to prepay freight and charge separately, rise original freight purchased or acquired by the Purchases pursuant a this purchase order. bill must accommmv invoice. Additional chances for shim will ant be accepted. Shipment Distance. Whom manufacturers have distributing Points in various pans of the comtry, shipment is expected farm the radial d.mbrlim point to destination, card excess freight will be dductd ford Invoice when shipments art made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, odiannces and roles of the state, municipality, tertiary or Political subdivision where the work is performed, or required by any other duly consolidated public authority having jurisdiction over the work of ocular. Seller fuller agrees to hold the City of Fort Collins hornless f and against all liability and loss incurred by than by reason of an asserted w eslablished violation of any such lawx, regulations, oNimnces, roles and requirements. Authoritarian. All parties to this contract agree that the representatives are, in fact, tom fide and possess full all mmplem authority to bind said Amin. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance in she term and conditions surd herein set fern and any supplementary or additional miss and condhiom annexed hereto or incorporated herein by reference. Any additional or different terms and conditions prefacd by seller are objected to and hereby ujead. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately Ryon cannot make complete shipment to drive on your premised delivery date as rooted Time is of the essence. Delivery and pert once must be effected within me time stand on me purchase order and the documents watched hereto. No acts of the Purchasers including, without limitation, acceptance of parted lam deliveries, shall opeom res a waiver of this provision. In the event army delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding me Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to muses mi damnably foreseeable which are beyond its reasomble control and without its fault of negligence, such ear ofGod, acts of civil or military authorities, govwwwdmI priorities, fires, sides. Bond. Midemin, wars or dots provided that notice of the conditions causing such delay is given to the Purchaser within eve (5) days of the time when the Seller firsl received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the time aamlly lost by mown ofthe delay. 3. WARRANTY. The Sella.. cat ell good, articles. mammals and work mvared by this order will cant with applicable drawings, specifications, samples andsor other descriptions given, will be fit for the purposes intended, and performed with me highest degree of care and competence in accordance with accepted standards for work of a similar route. The Sella agrees to hold the purchaser hisholess from any loss, damage or expense which the Purchawr may suffa or incur era account of me Sellers breach of wa danty. The Seller shall replace, repair or make good, without cost ho the purchaser, any defaces or faults ending within mu (1) year or within such longer period of date s may W prescribed by law or by the term army applicable wromi provided by ea Seller alter the dam of acceptance of the goods famished hereunder (acceptance not in be unreoombly delayed), resulting tam impartial or defective work done or materials fomishd by the Sella. Acceptance or use of goek by the Purchaser shall not consrimte a waiver crony claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hammer shall extend a all damages pmximamly caused by the breach army of the foregoing wardsomme or guarantees, but such liability shall in as event mahat, loss ofpmfits or loss of rise. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal term by wrinen change aide,. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to me terms, other than legal name, including additions to or deletions firm me quantities originally ordered in the specifications or drawings, by verbal or wished change order. If any such change affects the amount due Or me time of performance hereunder, an aluitubae adjustment shall be made. 6. TERMINATIONS. The Purchaser may at my time by wrinen change andeq rernbmm mid agreement as to any or all portion of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or mtmah men in pmAdws parodied mat the Purchaser shall not be liable for any claims for anticipated proms on me uncompleted portion of the goods radio, work, for incidental or consequential damages, and that no such adjustment be made in favor ol'the Seller with respect to any goals which we she Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of my oftheir obligations as to my good delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most he asserted within thins (30) days from the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Sella warrants that all goods old home ande r shall have been produced, sold, delivered and famished in strict compliance wins all applicable laws and regulations to which me goods art subject The Seller shall execute and deliver such documents as may he required to effect or evidence compliance. All laws and mlialatoas required m be incorporated in agreements of this character are hereby incorporated herein by this reference. The Sella agrees to indemnify and hold the Purchser hamle w from all costs and damages suffered by the Purchaser ns a resist of me Sella failure to comply wish such law. 9. ASSIGNMENT. Neither parry shall amign, transfer, or convey this odes, or my monies due or to become due hereunder without the prior actions consent ofthe other patty. 10. TITLE The Sella wamnts full, clear and umnmctal tide a me purchaas for all ecgtipmem, materials, ad it. fmwsM1d in Performance of this egrtdmt free and clear of any and all lies, restrictions, mammoths, security ime can mcumbmecs and claims of.thers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If me Pucisaer directs the Seller to correct mmmnforming or defective goods by a date to be afraid upon by the Purchaser card the Seller, and the Seller thereafter indicates its inability or anw 1hatim. to comply, the Purchase may ause the work to he performed by she most expeditions means available to it, and the Seller shall pay all cash associated with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance ofsuch work. This mi. shall apply even in me an of fault of negligence of the parry released and shall extend to me directors, officers and employees ofsuch party. The Sellers commutual obligations, including warmi shall not be deemed to be deduced, in any way, because such work is performed or mused to a performed by me Purchaser. 14. PATENTS. Whenever the Seller is required so use any design, device, mammal or pu.cas covered by how, patent tademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and at I claims for infringement by reason of the use of such patented design, device, material or process in connection with the contour, and shall indemnify tbe Purchaser for any east, aw ace or damage which it maybe obliged to pay by ream. ofsuch infringement. any time during the pmsmti er or aftt the completion of the work. In cede said rywp new, or my pan therm( or she intended use of the goods, is is such said held to constitute infringement ..it he use of said equipment or pan is enjoined, the Sella shall, at its own expense and at its option, either procure for me Purchaser the right to continue using said equipment or parts, replace she same with substantially .at but noninfringing equipment, or modify it an it becomes mnlnfn'nging. 15. INSOLVENCY. If the Sella shall become insolvent or bmrkmpt, make an assignment for me benefit of creditors, appoint a receiver or assume forany of the Sellers property or business, This order may fonbwlth be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions Orleans used or the interpretation of the agreement and the rights ofi ll panie, immodest shall be coshed under and govemd by the laws ofthe State of C.1o.d., USA. The following Additioml Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Severs Rep¢untative(s). on the premises clatters. ❑. SELLERS RESPONSIBILITY. The Seller shall tarty on said work at Sellers own risk arm the ante. fully completed and accepted, all shall, in case of any accident, destruction or injury to me work and/or materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment we famishd by others for installation or erection by the Sell., the Sella shall receive, unload, store cud handle same at she site and become raposible therefor as though such mtm d, arWor equipment were being famished by she Sella under the ostler. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compdsation, including occupational disease bmefb, to in employees employed on or in coanection with the work covered by this purchase order, ani to their dependents in wearodame with the laws of me state in which the work. to be done. The Seller shall also carry comprehensive federal liability including, but rot limited se, mntractml ward eutomobile Public liability insurance with buddy injury and death limits of. lest S30Qn0o for any one person, $503,000 for any c accident and property damage limit per accident of $400,000. The Seller shall likewise equire his contractors, if any, to provide our such compensation and insurance. Before any of the Sellers or his contractors employees shall do my .,it upon the premises crashed, the Seller shall districts the Purchaser with a certificate Out such compensation and immune have been provided Such cenifatn shall specify the date what such compensation and isurame have been provided. Such addresses shell spmifythe date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be mwawd .,it after the entire work is completed and accepsd. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES, The Seller hereby assumes me entire mrsonsibility and liability for any and all damage, loss or injury ofary kind or sore whatsoever to persons or pmperry mused by or resulting from the execution of she work provided for in this purchaa, order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of me Purchasers officers, agents and employees from and against any and all claims, loses, damages, charges or expenses, whether direct or indirect ail whether to persons or property to which the Purchaser may be put or subject by arson of my a s, action, neglect, omission or default on me Isar of me Sell., my of his contand ots, or my of the Seller or contractors officers, agents or employees. In case any suit or other prmccdings shall be brought against me Purehaws, or its offed, agents or employees at any time on ormwas t or by deason of my act, action, neglect, omission or default of the Sella of any of his contractors or my of its or their dficers, agents or employees as aforesaid, the Seller hereby agree to assume me defuse therecf and to defend the same at me Seller own expense, to pay any and all casts, charges, auorm s fees and other expenses, my and all judgments that my be incurred by or obtained against the Purchaser or any of its m their officers, agents or cmployces in such suits or other proceedings, and in asset judgment or other lien be placed upon or obtained against the property ofine Purchaser. or mid parties in or ss a result of such sties or other Proceedings, the Seller will at once maw, me same m be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety p aerations, famish and install all mends necnmry for rise prevention of accidents, comply with all laws ad regulations with regard to artery including, but without limilation, the Occupational Safety and Health Act of 1970 sad all mars and regulation issued rorsumt thereto. Revised 07/n014