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HomeMy WebLinkAbout114178 DELL MARKETING LP - PURCHASE ORDER - 9147199Fort Collins Date: 12/08/2014 Vendor: 114178 DELL MARKETING LP ONE DELL WAY MS: RR1-35 ROUND ROCK TX 78682 PURCHASE ORDER PO Number Page 9147199 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: 12/05/2014 Buyer: DOUG CLAPP Note: 20511 YYY30M-WSCA 2014B Lease Purchase Line Description Quantity UOM Unit Price Extended Ordered Price I OptiPlex 9020 Small Form Factor - quantity (50) reference quote # 690376904 dated 9/5/14 per Rick Domalski -(50) OptiPlex 9020 Small form Factor (210-AATO) $880.01 Freight included Dept: IT contact Michelle Carr ph# 970-221-6523 " Please call 24 hours prior to shipment " 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 1 LOT EA 44,000.50 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. COMMF,RCIALDETAILS. Tax exemptions. By assume the City of Fort Collins is exempt from sure and local taxes. Our Exemption Number is 11. NONWAIVER. 9841,1502. Federal Excise Tax Exemption Cmitaile of Registry 80.60n0587 u mount, with do Collator of Failure of the Purchaser tP insist upon staid perRormmce of the terms and conditions hat failure of delay It Journal Revenue, Dover, Colorado (Ref. Colorado Rriud Som es 1973, Chapter 39-26,114 (a). cammise any rights a remedies provided herein Or by law, failure to promptly testify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval offlc design, shall nor 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 warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be named to you for credit and am not to he replaced except upon receipt of written purchase, la insist upon skid performance hereof or any of its rights or remedies ns to any such goods, regnrdless instructions from the City of Fort Collins. of when shipped, received or accepted, as 0 any prior Or sobsegnent default hereunder, nor shall any puryoned oral modification or rescission of this purchase order by the Paratmer, operate u a waiver of my of the terms Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hamf. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pot of the City of Fort Collins. However, it is to be understood Nat FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection pmcedi rs. violations arc in fart home by the Purchaser. Theretofore, for good mouse and as consideration for executing this purchase order, Ne Sella hereby assigns to the Fmchaser any and all claims it may raw have or hereafter Freight Tams. Shipment most he F.O.B., City of Fort Collins, 700 Wood Sr. End Collins, CO 80522, unless acquired under federal or state anritrusr laws far such washout relating to the pad.[. goads or srvicn otherwise specified on this odes If pemtiasion is given to prepay freight and charge impor y, the original freight purchased or acquired by the Purchaser pormanuo this purchase order. bill must accompany invoice. Additional charges for parking will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance- Where manufacturers hnve distributing points in var us part of the country, shipment is Ifthe Purchaser directs the Seller to mrred nonconforming or defective goads by a date to be agreed upon by the expected from the named distnbution point to declination, ad excess freight will he deducted from Invoice when prchasa and the Sella, and the Seller thereafter indicates its inability or unwillingness to comply, the Parchersta shipments an made from greater distance. may muse the work to be pabirmM by the amst espedifiious means available 1. iL and the Seller shall NY all costs associated with such work. Permits. Sella Shall procure at sellers sale cost all necessary permit, wnilicmes and licenses required by all applicable laws, reguli iens, mdinonces and miss of the state, municipality, territory or political subdivision where The Sella shall release the Piuchaser and its compactors of any tier from all liability and claims of any nature the work is performed, or required by any other duly constituted public authority having jurisdiction over the work resulting from the performance ofsuch work. Of vendor. Seller fuller age. to hold the City of Fort Collins harmless from and against all liability and loss normal by them by reason of an asserted or aublishd violation of any such laws, regulatione, oadimnces, roles This release shall apply can in the event of fault of negligence of the parry released and shall extend W the and mluiremards. directors, afficcrs and employers attach Nr s. Authoaizntim. All parties m this contract agree that the representatives are, in fact, bow fide and possess full and omplav authm y m bind said parties. LIMITATION OF TERMS. This Purchase Order cxprtssly limits cceptarm, to the urrm and conditions aatd herein set forth and any supplementary or additional tams and conditions aaneaed hereto m incorporated herein by mmusinee. Any additional or diffrout terms and conditions proposed by seller arc objectma to and hereby rejatd. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENTimmediately if you cannot mike complete shipment to arrive on your promised delivery hate ns noted. Time is of the essence. Delivery and performance must be elf ctnc within the time sated On the Purchase o order all the document attached as a w. NO acts of the PureM1ucrs including. without ffic Purchaser acceptance have, partiallate deliveries,shall ll trouble waiverofthisprovision. In the event derofary thdelay, the Purchasershallhaveinadditionmotherowe andequitable reallnot the option ofplacing this order eluwherc and holding she Seller liable for damages. However, the Seller shell one be liable for damages in e tesulr of delays such m wuu, not reasonably foreseeable which are beyond its reasonable i control and strikes, without it fault nonegligence, such tact id God, acts ice, of t or conditions authorities, a govemmmtal given to the fires, strikes, Bad, epidemics, wornor he finis provided that nonce of the condition causing if such delay u event of to the Purchaser within five (5) days of the lime ohm the Sella Bon received knowldge thermb In tips event of my such delay, the date of delivery shall he extended for the peed equal m the time umally IOS1 by reamn ofthe delay. 3. WARRANTY. The Sella wammt that all goods, articles, materials and work covered by this order will conform with applicable drawings, spaifiritica s. wmplas anal/or other descriptions given, will he fit for the purposes intended, and performed with the highest degree of mu, and competence in accordance with accepted suMaMs fo work of a rile, rotate. The Seller agrees to hold the purchaser harmless from my loss, damage or expense which the Purchaser may suffer m incur on account of the Sellers breach of warranty. The Seler sball replace, repair or make good, without cast la the purchaser, any defee s or faults arising within one (D year or within such longer period of time m may be prescribed by law or by the tenets of any applicable warranty provided by the Seller after the date of ccepunce of the good fumishd hereuMa (acceptance ON Or be umcasombly delay.), resulting from banterer or defative work done or materials famished by the Sella. Acceptance Or use of good by the Purchaser shall not common, a waiver of any claim under this wamvry. Except ss otherwise provided no this purchase order, the Sellers liability hereunder shall extend In all damages proximately caused by she breach of my of $e foregoing aanantirs or guarantees, but such liabil dry shall in no event include loss of profit or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4, CHANGES IN LEGAL TERMS. The Purehucr may make changes to legal Perms by written change maker. 5. CHANGES IN COMMERCIAL TERMS. The Paul sermay make any changes to the teams, other than legal terms, including additions t or deletions Gam s the quantitieoriginally ordered in the specifications or drawings, by verbal or written change ode. If my such change aliect the mount due Or she time of,mgmarance bromides, an equitable adiustment shall be madr. 6. TERMINATIONS. The Purchaser may at any time by women change order Terminate this agreement as to any or all portions of the goods then not shippal, subject n any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not he liable for any claims for anticipated profits on the uncompleted Portion of the good and/or work, for incidental or consequential damages, and that oo such adjustment be made in favor of the Seller with respect m my goad which are the Sellers shorthand oak. No such tannimtion shall arlirve the pointer, or the Seller ofany afibeir obligidwas u to my goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Sella womnt Nat oil goads said hereunder shall have been produced, sold, delivered and famished in stria compliance with all applicable laws .it regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be raluired to effect m evilame compliance. All laws end regulations required to be ncmpomsed in agreements of this character are hereby incopom ul herein by this reference. The Sella sources to indemnify and hold the Purchaser harmleu from all tout 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 convey this orden or any monies due or to become due hereunder without the prior written eanscnt of the Other party. W. TITLE, The Sella warrant pull, clear acid mresfcial side Or the Purchsser for all povipmms, trasmals, and it. fmuhed in performance of this agreement frer and clear of my and all liens, aatriaions, reservations, marry interest encumbmnccs and claims ofathers. The Sellers contractual obligations, including warriors, shall not be deemed to be reduced, In any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whoever the Sella is rammed to use any design, device, material or process covered by Inter, Ntent, uademark r copyright, the Seller shall indemnify and save harmless the Purchaser from my and all claims for infringement by reason of the use of such patented design, devise, material or process in connection with the contend, and shall indemnify the Purchaser to, any cast, expense or damage which it may be obliged to NY by reason of sorb infringement In my time during the pmeaution of aBer the completion of the work. In eau and equipment, or my pan thermf or the intmdd ace of the goods, is Or such suit held to constitute infringement and the Its of said equipment or pan is join., the Sella shall, at its own expense and at it Option, either procure for the Purchaser the right to continue using said equipmem or parts, peplum the some with substantially squat but noninffinging equipment, or modify it so it becomes noninGnging. 15. INSOLVENCY. If the Seiler shall become insolvent or bankmpP, make an assignment for the benefit of creditors, appoint a or trustee for my of the Sellers property or business, this Polar may forthwith be canceled by the Pun. mer without liability. I6. GOVERNING LAW. The definitions ofit. used or the mmarpramion of the agreement and the rights ofall parties hereunder shall be conswd under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only Or cases where the Sella is to pert wok Encumber, including the services of'Sellem Repreuntmive(s), on the premisa ofathers. IT. SELLERS RESPONSIBILITY. The Sella shall carry on said work at Seller's own risk until the tame is fully complete and accepted, and shall, in rase of any incident, desmsction Or injury in the wok and/or materials before Sellas final completion and acceptance, complete the work at Sellers own espouse all to the satisfaaim of the Pnuchaser. When matmak and ryvipmrnt x fiunishd by others go imitions. or anclum by the Sella, Nr Seller shall waive, unload, store and handle same at the site and become mporuible thcmfor as though such materials and/or equipment were being famished by the Seller under the order. I I. INSURANCE. The Sella shall, at his own expense, provide far the paymcar of workers compensation uaclu ing occupational disease benefit, m it employees employed an Or in eamerlion with the wok cavcrd by this pumbase order. and/or to their dependents in accordance with the laws of the stare in which the wok is m he done. The Seller shall also carry, comprehensive grneml liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limit of at lest S300,OW for any one person, 8500,0110 for any one accident and pmpeny damage limit per accident of S400,000. The Sella shall likewise require his contractors, if my, to provide for such compnwtion and insurance. Before my of the Sellers or his corrosion employers shall do any wok upon the premues of others, the Sella shall tannish the Purchaser with a ar ifiram that such compaasztion and insurance have ban promised, Such certificates shall specify the date when such commission and insurance have been provided. Such certificates shall specify the date when such compensation sad insurance expires. Thar Seller agrees that such compensation and insurance shall be maintained until alley the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire raponsibildry and liability for any and all damage, lass or injury ofmy kind or nature whataver to persons or property caused by or resulting from the execution afthe work providd far in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchases and any r all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or capacitors, whether direct or indirect, and whether to proms or property m which the Purchaser may be put or subject by reason of my act, action, nadearl, omission or default on the pan of the Sella, my offset conrrecmrs, or my of the Sellers Or contractors officers, agent or employers In cue my suit or other proceedings shall be brought against the Pmchaver, or it officers, agent or employes, at my time on account or by reason of my act, action, neglect, omission or default of the Seller of any of his contractors or any of its ar their officers, agent or employers as aforesaid, the Sella hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, N Pay my and all costs, charges, attorneys fees and other expeues. my and all judgments that may be incurred by or abunoM against the Purchaser or my of its or their offcars, agent or employees in such miss in other Pastrami all in rase judgment or other lim be placed upon or obtained against the property of the Purchaser, or said parties in or is, a result of such suit Or oNer proceedings, the Seller will at once cause the same to be dissolved and discharged by giving band or otherwise. The Seller and his contractors shall take all safety precautions, fmiab and ireull all guard necessary, for the prevention of cadent, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and ell sules and regulations issued p..I themto. Revised O7R014