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HomeMy WebLinkAbout114178 DELL MARKETING LP - PURCHASE ORDER - 9147201PO PURCHASE ORDER 9147201 Page C117/ of PURCHASE 47201 t of 2 Flirt Collins( his number must packing !I\V`I ` V 1 1�7 on all invoices, packing sli s and labels. Date: 12/08/2014 Vendor: 114178 DELL MARKETING LP ONE DELL WAY MS: RR1-35 ROUND ROCK TX 78682 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 2014E Lease Purchase Line Description Quantity UOM Unit Price Extended Ordered Price 1 Dell Venue 11 Pro quantity (10) reference quote# 690376907 dated9/5/14 per Rick Domalski - (10) Dell Venue 11 Pro (713017139) (210-ABGI) $1,325.58 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 13,255.80 Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Page 2 of 2 1. COMhdERCIALDETAIL . Tax exemptions. By statute the City of Pon Collins is exempt fmm state and local taxes. Our Exemption Nomber is I L NON WANER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-W00592 is registerN with the Collector Of Failure Of the Puchaer to insist upon strict pafornmir, of the terms sort conditions hereof, failure or delay m Internal Revenue, Denver, Colorado (Ref, Colorado Revised Scomes 1923, Chapter 39-26, 114 (a), exercise any rights or remodam provided herein or by law, failure to Promptly notify the Seller in the event of a breech, the offemarwo Ofor payment for goods hereunder Or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet speeificatiom, either when shipped or due W defects of any of the warranties m obligations of tlus pttrchaze order aM shall not be deemed a waiver of any night of the damage in transit, may be resumed to you for credit and ate sot to be replaced except upon receipt of wrinm purchaser to insist upon strict performance herawfor any of its nights Or remedies as to any such goods, regardless institutions from the City of Fan Collins. ofwbm 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 Purch wr Operate az a waiver of any of de terns inspection . GOODS are subject to the City of Fan Collins inspection On arrival. hereof. Firal Acceptance. Receipt of the merchandise, services or equipment in response on this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authonad paymrna on the pun Of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual m omit practice, overcharges resulting from antihat rfor ACCEPTANCE is dependent upon completion of all applicable Offo red inspection proccures, violations arc in fact home by the Purchaser. Theretofore, good came and a consideration for executing this pmchace order, we Seller hereby sssigm to the purchmer any and all claims it may max, have m hermfief Freight Terms. Shipments men te F.O.B., Co, of Fort Collins, 700 Wood St, Fun Collins, CO 80522, unless acgrdra under faecal or state antitrust laws for such owxwharges relating to the particular good or s irvac Otherwise specific on this rod.. Hot—water is given to prepay freight and charge sepammly, the original freight purchased at mquira by the Purchaser pursuant to this putchau other. bill must accomvanv invoice. Additional chames for cracking will not be accepted. Shipment Distance. Where manufazturen have distributing points in vanow pans of the country, shipment is expected fmm the nearest distribution paint to destinmion, and excess freight will te deducted fmm Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cast all niece erry permits, certificates and licenses required by all applicable laws, regulations, ordionca and roles of the sure, municipality, h rbory or political subdivision where the weak is perforated, or mluimd by any other duty comtitumd public andarity having jurisdiction over ncc work of vendor. Sella further agrees to hold the City of Four Collins harmless from and against all liability and loss incurred by them by reawn of an meted Or established violation of any such laws, regulations, Ordinances, mles and requirements. Authorisation. All panics to this contract agree that the Mores ntarives ere, in fazt bum, fide and possess full and complete authority to bind said ponies. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplanenmry or additimed terms and conditions annexed hereto or incorporated herein by reference. Any additional or different enns and conditions proposed by seller are objected to and hereby rejected 2. DELIVERY. PLEASF. ADVISE PURCHASING AGENT immediately ifyou cannot make comphIc shipment to arrive On your promised delivery date w noted. Time is ofthe essince. Delivery and pefumar-ce must be efmted within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptantt ofpanial late deliveries, shall coach, u a waiver of Nis provision. In t c moral of any delay, the PROF. shall have, in addition to other legal and amitable comedies, the option of placing Nis order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasammic control and without its real, of negligence, such ads Of God. acts Ofrivil Or military authorities, govemmrntal priorities,f s, strikes, flood, epidemics. wars or now provided that active of the conditions coming such delay is given to the Purchaser within five (5) days of des from what the Seller first nowived knowledge therenf. In de Went of any such delay, she dam of delivery shall be extended for the period egol to the time actually last by reason ofthe delay. d. WARRANTY. The Sella warrants that all good, articles, materials and work covered by this order will coM with applicable drawings, specifmtiow. samples medlar other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with incepted standmds for work of a similar nature. The Seller agrees to hold the purchasr harmless fmm my loss, damage or expense which the Purchase may suffer orincur on account order Sellers breach of warranty. The Sella shall replace, repair or make good, without cost to the purchaser. any defects or Rings arising within one (1) year of within such longer pens of time m may be presented by law, or by the term of my applicable waranty provided by the Sella after the date of acceptance of the goods famished heremrdff (acceptance not to be unreasonably delayed), resulting firm imperfect or defective work done or maerlals furnished by the Seller. Acceptance or use Of gums by the Purchaser shall not onstimte a waiver of my claim under this warmnry. Except at otherwise provided in this purchase order, the Sellers liability hamnda shall extend to all damages proximately wuxd by the breach of any of the foregoing wamentim or guarantees, but such liability shall in no event include loss of profits or loss of we. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal team by wrium change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tams, Other than legal terns, including additions to or deletions from we gmntltice originally ordered in the w—itimtions Or drawings, by verbal or wduen change order. If any such change offecas the amount due or the time ofperformom herturd., m Nuitable w1jmtmmt shall be, nude. 6. TERMINATIONS. Tic Pnrchw . may t any time by written change uHet mnninem this agreement m to any o all ponitns of the good then of shipped, subject to any equitable ajuurnal between the parties as to any work or mammals then in progress provided war the Puchaer shall not be liable for any claims for anticipated prof¢ on the uncompleted portion ofthe goals andror work, for incidental or consequential damages, as Wert no such adjustment te made in favor of the Sella with respect o my goods which am the Sellers mmdad stack. No such haminmion shall relieve the Purchaser or the Seller ofany Oftheir obligations as to any good delivered hereunder. T CLAIMS FOR ADJUSTMENT. Any claim for edJnstment most te ressena within diary (30) days from the date the change or termination is Ordered. S. COMPLIANCE WITH LAW. The Seller wartents that all good said hereunder shall have been produced, sold, delivered and homeland in so ict compliance with all applicable lows and regulations to which thaw good arc subject. The Sella shall execute and deliver such documents as may be mr uired to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this clo meta are hereby inct rpomted herein by this reference. The Seller agree to indemnify and hold the Pmchuer harmless from all costs and dunams suffered by the Pumhnsff u 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 written consent of the Other parry. 10, TITLE. The Seller warrants full, clear end unrestricted title to de Purchases for all equipment. nasals, and items furnished in performance of this agreement, free and clear of any and all lien, restrictions, reservations, security interest encunbranccs and claims of oilers. Id. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to torten nonconforming or defective goods by a date to be agreed upon by the Purcbasef as the Sella, and the Seller IbereeBa indicates its imbiliry m unwillingness ro comply, the Purchrom may cause the work m be performed by the most expedition means available to it, and the Seller shall pay all costs associated with such work. The Seller shall relcme the Pumhawr as its contractors of any tiff from all liability and claims of any Nrme resulting form the performance Ofauch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees of such putty. The Sellers contmemal Obligatiorres. including commnry, shall not be Obtained to te reduced, in any way, became such work is performs or soused to be performed by the Purchase, 14. PATENTS. Whenever the Sella is r.luited to use any design, device, mmerial or process coverer by letter, patent, trcem fk or copyright, the Sella shall iaemnify and save hamrless the Purchaser fmm any and all claims for infringement by reason of the use of such Poland design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reawn of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, err my pan thereof or the intended me of the good, is in such suit held to conerimte infringement and the use of said equipment or pan is mijmined, the Seller shall, at its own expense and al its option, either procure for the purchaser the night to continue using said aryipment of pans, replace the same with substantially equal but noainlringing aluipmont or msify it so it becomes noninlrioging. 15. INSOLVENCY. If the Sella shall become insolvent m bankrupt, make an assignment for the benefit of creditors, appoint n receiver or trustee for cry of the Sellers property at business, this order may forthwith te cancels by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terns used or the imeryretation ofthe agreement mW we rights of all parties hereunder shill te construed andm and govemed by de laws ofhe State of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services OfScIlms Representrow(r), on the premises of others. 12. SELLERS RESPONSIBILITY. The Seller shall carry on said work in Sellers own ask until the same is fully completes and accepted, and shall, in u of any accident, deamaion or injury to the work and/or miumads before Sellers final completion end acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and aluipmad are fumisha by ohms for insulation Or erection by de Sella, the Sella shall receive, unload store and handle same at the site as become nspomible therefor u though such materials andror artificial were being furnished by the Sella under the order. I S. INSURANCE. The Sella shall, at his own expense, provide for the leyanmt of workers mmpemu tun, including occupatiorel disease benefits, to its employees employs on or in connection with the work covered by this purchase order, andlor to their dependents in accordance with the laws ofthe state in which the wad is to be done. The Sella shall also curry comprehensive gees cal liability including, but not limited to, cantmcmal and automobile public liability insmane with Wily injury and death limits wat lead S3ag000 for any one person, S500,000 for my one accident as property damage limit per ancidem of S401),000. The Sell. shall likewise ragire his cumnavows, if any, to provide for sucn combo rsatlon end insurance. Before my of the Sellers or his contractors employees shall do any work upon the premises Of others, the Seller shall famish the Purchaser with a cenifcate that such compensation and insurance have bens provided. Such certificates shall specify the dale when such compensation and insurance have teen provided. Such certificates shall specify the date when such compensation and insurance expires. Tom Sella agrees that such compensation and imutance shall be maintained until aftiff the entire work is completed and accepts. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. Thc Seller hereby assum. the exam, responsibility and liability far any and all damage, loss or injury of any kind r mmre whatsxver, to persons or Property, mused by or nulling from the .ec rtion order work provided for in this purchase Order Or in connection herewith, The Sell. will indemnify as hold harmless de Purchaser and any or all of the Purchasers offcers, agents and employees from and against any and all claims, losses, damages, charges Or expenses, whether direct car indmor, and whether to persons or property to which the Purchase may be, put he subject by reason of any act, anion, neglect. omission or default on the pan of the Sella, my of his contranors, or my of the Sellers or contractors officers, agents or employers. In cue may suit or Other prmecings shall be brought against tic Pmchaser, of its offers, agents or employees at any time nn account or by reawn of any act. Orion,aneglec,, omission or default of the Sella of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agree to assume the defense thereof and to defend the some at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expeues, any and all judgments that may be ineumd by or obtains against the Purchssix or any of its or then officers, agents or employees in such win, or other pmceairip, and in cave judgment or other rim be placed upon or obtained against the property Of the Purchaser, or said patties in Or in a result Of such suits Or other proceedings, the Seller will in once cattu the was to be dissolved had discharged by giving band or otherwise. The Seller and his contractors shall take all safety precautions, Rundish and install all guards necessary, for the Prevention of accidents, comply with all Loss as rtguladpm with regard to safety incuu orb but without limitation. the Overrun..] Safety as Health Ae of 1920 and all roles and regulations icsus formal thereto. Revised 02Q014