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HomeMy WebLinkAbout114178 DELL MARKETING LP - PURCHASE ORDER - 9147200Fort 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 9147200 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: 20511YYY30M-WSCA 2014B Lease Purchase Line Description Quantity UOM Unit Price Extended Ordered Price 1 Latitude E6440 CTO quantity (91) reference quote # 690380046 dated 9/5/14 per Rick Domalski - (91) Latitude E6440 CTO (210-AAXJ) $1,345.05ea freight included Dept: IT contact: Michelle Carr ph# 970-221-6523 " Please call 24 hours prior to shinmer 1 LOT EA 122,399.55 Total 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. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and [war mass. Our Exemption Number is 98-M502. Federal Excise Tax Exemption Cmifcare of Registry 84-6000582 is eagnarred with the Collector of Internal Revenue, Denver, Coloado (Ref. Colorado Revised Statures 1973, Chapter 39-26, 114 (a). Goods Rejecrd. GOODS REJECTED due to faders, to meet specifiatiam, either when shipped or due, defects of damage in mmiq may be returned to you f credit and are not to be replaced except upon receipt of wrinen ire.ctions from the City effort Collins. Inspection. GOODS we subject to the City of Fart Collim impaction on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in respome to Nis order turn result in authmired payment = Be, pan of the City of Fort Collins. However, it is b be understood Belt FINAL ACCEPTANCE is dependent upon completion oral[ applicable required inspection procedures. Freight Tents. Shipments mass, be EOB., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless otherwise specified on this order. If permission is given, prepay freight and charge separately, the original freight bit[ most accompany invoice. Additional charges for packing will cool be accepted. Shipment Distance. Whete manufacturers have distributing Points in ouricus pans of the country, shimmer is expected fmm the nwrom distribution Point as domination, and excess freight will be deducted from Invoice when shipments sm made fmm greater distance. Permits. Seller shall proare at sellers sole cost all necessary permits, cenifeutes and licenses required by all applicable lows, regulations, wilinnmes and roles of the suite, municipality, territory or political subdivision where the work is performed, or required by any other duly cotutituted public authority having jurisdiction over the work of venden. Seller former agrees to hold the City of Fad Collins barmleu fmm and upward all liability and loss incurred by Nam by reason of ,,awned or established violation of any such laws, combat.. ordinances, roles and regeirearenm. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess full =d complete authority to bind said pities. LIMITATION OP TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional R. and conditions mnexerl here, or incorporated herein by reference. Any additional or different terms and conditions proposed by setter arc objected to and hereby rejected. 2. DELIVERY, PLEASE ADVISE PURCHASING AGENT immediately tryout -neat make complete h,Ma., m am, on your promised delivery date as noted. Time is of the essence. Delivery and peforrumb a most be effected within the time stated on the purchase order and the documents attached here,. No acts of the Purchasers including, without limitation, acceptance mistrial late deliveries, shall operate as a waiver of this provision. In the event army delay, the Purchaser shall have, in addition to other legal cod equitable remedies, the option rfplacing this order elsewhere arm holding the Seller liable for chomps. However, me Seller shall net be liable for damages as a result of delays due to -uses not reasonably forosxable which are beyond its reasonable con od and without its fault of negligence, such acts ofGd, acts ofor,[ or military authorities, governmental priorities, fires, mrikq Rood, apidemies, wets or hots provided that notice of the conditions -using such delay is given to the Purchaser within five (5) dys of the time when the Seller first received knowledge Nereef. In the event of my such delay, the date of delivery shall b, extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller wamnis But? all good, articles, materials and work covesed by this areas will examrm with applicable drawings, specifrmuse. sampla ,Nor timer dowriptir m giver, will be to fro the purposes immded, arm performed with the highest degree of are and competence in thowdance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmlew from any loss, damage or expense which the Purchaser may saffar or item on aremm of Ne Sellers breach of warranty. The Set cer shall replace, repair or make good, without cost o the purchaser, my defeces or faults losing within one (I) year or within such longer period of time as may M prescribed by law or by the terms of my applicable wammy provided by the Seiler after the date of acceNrma of the goods furnished here=der (acceptance net m be unreasonably delayed), resulting fmm imperfect no defective work done or materials famished by the Seller. Acceptance or was of goods by the Purchaser shall tut comtimte a waiver of my claim under this waamry. Except m otherwise pmvided in this purchase order, the Sellers liability hereunder shall extend to all damages pmaimamly ceased by Ne breach of any of the foregoing W."ex or gumaracas. but such liability shall in no event include loss ofpmfits or loss of our. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purehascr may make changes to legal terms by woman change mail 5. CHANGES IN COMMERCIAL TERMS. The Puabuer may make my changes to the terms, other Nan legal ¢mu, including additions to or deleGnns from the quanutlas originally ordered in the specifications or drawings, by verbal or wd0en change color. If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Emotional may at may time by wring charge alder, lermbaa Nis agreement as , my or all portions of the goods Bum cool idrwpd subject to any equitable w1juvmem between the Parties as to my work or mmerists then in progress provided flat the Proxmire shall not be liable for my claims for anticipated prafics on the =completed portion of the good muter work, for incidental or comequanial damages, and that no such adjustment be made in favor of the Seller with respect to any goods which am the Sellers standard stock. No such teminmio t shall relieve the Purchaser or the Seller of any oftheir obligations as to any goods delivered hereunder. Z CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be auemd within thirty (30) days floor the date the change or rermimtiov is ordered. 8. 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 mgmatioa to which the goods art subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this chardclar are hereby incorporated herein by this reference. The Seller agrees to idermity and hold the Purchaser hamlas Gam all as0 and damages suffered by the Purchaser in a mutt of tire Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey Ibis order, or any monies due or to become due hereunder without the prior wrium consent of the ofer party. 10. TITLE. The Seller wanants bill, clear and unrestricted file to the Purchaser for all tnomms, and items finished N performance of this agreement f and clear of my and all Item, mtricliom, reservation, scanty inheres encombmo es and claims narwhals. 11. NONWAIVER. Failure of the Purchaser to iruist upon strict performance of the team and ..data. heroxi failure or delay , exercise any rights or remedies provided herein or by law, failure to promptly aotify the Sella in the event of a bench, the acceptance of or payment for goods hereundar or approval of the drsign, shall not release the Seller of any of the warmnti. or obligations of Nis purchase order and shall not be deemed a waiver of any right of the purchaser, insist upon strict performance hawrofor any of its rights or remedies as to any such good, tegaNless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the mom hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Producer recomds Bat in actual crtomc practice, overcharges mulling from antionew violations sum in fact home by the Purchaser. Theretofore, for good cause and as mmideretion for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hareaRer acquired under Fedeml or sine, anti.,, laws for such overcharges totaling to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to correct nonconforming or defective goods 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 Purchaser may cause the work to be performed by the most expeditious meam mailable to it, and lie Seller shall pay all costs as5miated with such work. Tate Seller shall release the Purchaser and its cnnmemis of any tier from all liability and claims of any nature resulting Gom the performance of,mh work. This release shall apply evm in the occur of foul, of negligence of the parry released and shall extend to the dimcbrs, officers and employees of such party. The Sellers ornamental obligations, including warranty, shall nor be deemed to be reduced, in my way, because such work is performed or caused, be performed by the Purchaser. 14. PATENTS. Whenever the Seiler is required, use my design, device, mammal or process rovered by land , put trademark or copyright, the Seller shall indemnify and save harmless the Ptuchaser fmm my =d all claims for immngermm by reason of Be use of such patented design, device, material or process in coruanim with the contract, get shall indemnify the Trouser for my cast expense or damage which it may be obliged to pay by raven of such infringement at any time during the prosecution or alter the completion of the work. In eau said equipment, or any pan Ihermf or the imended use of fie goods, is in such suit held to constimte infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Foregoer the right to combine using said equipment or parts, replace the same with submart ally equal but roninfringing equipment, ex modify it sa it becomes noainfnnging. 15. INSOLVENCY. If Ne Seller shall become insolvent or bankrupt, make an assignment for the bawfil of creditors, appoint a or rrusree for my of the Sellers property or business, this order may formwith be rumored by the Purchaser, without liability. ff. GOVERNING LAW. The definitions tiftema used or the interpretation afire agreement and the righa of all parties hereunder shall be comtmcd under and g mem dl by the lax, of the Sate of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Reprosentative(s), came penises of,hers. 17. SELLERS RESPONSIBILITY, The Seller shall arty on said work at Sidles awn risk tuft the same u fully complmed and mceptd, and shall, in case of my accident, destruction or injury to the work ,Nor nestenals before Sailers f 1 completion our ,cep., romplete the walk at Sellers own experts, and b the satisfaction of the Purchazer. When womirils and equipment are famished by others for installation or motion by the Seller, the Seller shall receive, unload, store and more same at the site and become rapmssible therefor as though such materials mNor equipment were being fumhbed by the Seller under the aide,. I S. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in mmactitin with the walk envered by this purchame order, a ilor to thew dependents in accordance with the laws of the sate in which the walk is to be done. The Seller shall also any comprehensive general liability including, but nor limited W. contractual net automobile public liability insurance with bodily injury and &orb limits of at least b300,000 for my one person, $500,00) for any one accident and property damage limit per mentor of $400,000. The Seller shall likewise require his comme,ls, if any, to provide for such compensation and insurance. Before my of the Sellers or his contractors employees shall do any work upon the premises of others. the Seller mail (ImNsh the Pmchuser with a coniGcate that such compensation and insurance have been provided. Such cooffo ter shall specify the date when such mmpematim arm insurance have born ptwided. Such comforter, shall specify Ne data when such compntsation and insurance expires . The Seller agrees that such corripessatioa and insurance shall be maintained until after the write work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire rrspomibility and liability for any and all damage, loss or injury army kind or nature whatsoever to persons or property caused by err resulting man the execution of the work provided for in this purchase order or in comerrom herewith. The Seller will indemnify and had harmless the Purchaser and my r all of the Purchasers oRcers, agents arm employees fora and it'imr any and all claims, losses, damages, charges or expenses, whether direct or indirect, =d whether to persons or properly, which the Purchases may ba put or subject by reason of any out, action, neglecq omission or default an the Rod riffle Seller, my of his contractors, or any of the Sellers or contractors officers, agents or employees. In case my suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any rime on account or by Trion of my act, action, neglect, omission or default of the Seller of my of his contractors or my of its or their offcars, agents or employees as aforesaid, the Seller hereby agree ,assume the defame thereof and , defend the moo at the Sellers own expense, to pay my and all costs, charges, atomey, far arm other expenses, my and all jund,comats thal may ba mounted by or shroud apaimt the Purchaser car my of its or Nair officers, agents or employees in such suits or other proceedings, and in case jud,new or other pia be placed upon or obtained against the property affix Purchaser, or said panics in or as a result of such suits or order proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety p scautiom, furnish and install all guard necessary for the prevention of aaidents, comply with all laws and pegulati m, with report to safety including, but without limitation, the Occupational Safety=d Heard; Act of 1970 word all rules =e regulations issued Emotional there,. Revised 07n014