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HomeMy WebLinkAbout114178 DELL MARKETING LP - PURCHASE ORDER - 9147202Fort 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 9147202 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 2014E Lease Purchase Line Description Quantity UOM Unit Price Extended Ordered Price Dell Latitude E6430 ATG quantity (10) reference quote # 690375600 dated 9/5/14 per Rick Domalski - (10) Dell Latitude E6430 ATG (225-2696) $2,395.69 freight included Dept: IT contact: Michelle Carr ph# 970-221-6532 " Please call 24 hours to shioment " 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@fogov.com 1 LOT EA 23,956.90 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 L COMMERCIALDETAILS. Tax exemptions. By salute the City of Fan Collins is exempt from state and local taxes. Our Exemption Number is 98-04502, Federal Excise Tax Exemption Cenifiwre of Registry 84-6000581 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26,114 (a). Gaud RejMed. GOODS REJECTED due to failure to men specifications, either when shipped or due to defer. of damage on bamit may he eetnrned to you for credit and are not a be replaced except upon receipt of wriuen instrucdom from the City of Fort Collins. Inspection. GOODS arc subject to the City of Fon Collins inspection on arrival. 11. NON WAIVER. Failure of the Purehaur to insist upon wort performance of the terms and conditions hereof, failure or delay to exercisany rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach,tthe acceptance of or payment for goods hereunder or approval ofthe design, shall not release the Seller of any of the warmaties or abligriom of this Tambour order arm shall ad be deemed a waiver of any right of the purchaser to insist upon strict performance hereofor any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, m to any Misr or subsequent default hereunder, now shall my manpower] Call modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12, ASSIGNMENT OF ANTITRUST CLAIMS. mrbodud payment oa the pan of the City of Fen Collins. Howevev it is 10 be understood thin FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicablerequlred inspection procedures. violations are in fact home by the Purchaser. Therewfcare nfor good cause and m Consideration for executing this purchase order, the Sella hereby assigns 10 the Purchaser any and all Claims it may now have or hereafter Freight Terre. Shipments must be F.O.B., City of Fort Collins, 700 Wood St., Fon Collins, CO 80522, unless acquired under federal cur sale antitrust laws far such overcharges ¢lating to the particular goods or services otherwise specified on this order. if permission is given in prepay freight and charge rationality, the original freight purchased or acquired by the Pumhua pursuant to this pumhue order. bill mutt accompany invoice. Additional charges for packing will era be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Whom manufacturers have distributing points in various pans of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective good by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafa indicates its inability or unwillingness 1. comply, the Parchamr shipments are made from greater distance. may cause the work to be performed by the most expedilic m means available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sale cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the site, municipality, territory, or Political subdivision where the work is perormed, or required by any other duly constiucted public authority having jurisdiction cover the work of vendor. Seller further agrees 10 hold the City of Fon Collins brand. floor and against all liability and loss incurred by them by person of an asserted or established violation of my such laws, regulations, ordinances, roles .it rgquiremena. Authorization. All panics to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said parties, LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different mute and conditions proposed by seller are objected w and hereby rejected 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you camol make complete shipment to arrive on your promised delivery dam as noted. Time is office essence Delivery and Performance most be effected within the time sated on the purchase order and the documents artached hereto. No is of the Purchasers including, without limitation, acceplance of pnnial tare deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this 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 ape beyond its reasonable control and without its fault of negligence, such rats cf Gad, mes ofeivil or military authorities, govermnenal priorities, fires, stakes, Rood, epidemics, wars or riots provided that notice of the Conditions caning such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the dale of delivery shall be extended for the period equal to the time actually lost by reason ofNe delay. 3. WARRANTY. 'The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the pnmpum intended, and performed with the highest degree of care and Comparence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from my loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warmly. The Seller shall replace, repair or make good, without cost 101he purchaser any defers or Banks acting within rut (1) year or within such longer period of time as maybe prescribed by law an by the tome of my applicable wamnty provided by the Seller after the date of acceprmtce of the goods famished wormader (acceptance not to be Cmmmrubly delayed), resulting from imperfect or defective work done or materials Banished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to at I damages proximately caused by the breach of any of the foregoing vo—ora es or luminances, but such liability shall in no event include loss ofp.Fla or Ions of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Porchaser may make changes to legal termm by wrium change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the gcomo ck wigiadly ordered in the wocifcations or drawings, by verbal or vinuen change Cuba. If any such Chun, affects the amount due or the time of aficarance hereunder an equitable adustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by within change order, terminate this agreement u 10 any or sell poniom of Ne goads then not shipped. subjar m any equitable adjushmew between the panics; m tut any work - materials than in progress Provided that the Purchaser shall not be liable for any claims far anticipated profits on the mecomplad portion of the good mdtor work, for incideral r aanscqucmial damages. rand that no such adjustmml be made in favor ofNe Sella with respect to my goods which ore the Sellers standard stock. No such lemrinaion shall relieve the Purchaser or the Seller of any of their obligations as to any good delivered hereunder. 9. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and f rmishd in strict compliance with all applicable laws and regulations to which due goad arc subject. The Seller shall execute and deliver such dmuments as may be required to effect or evidence Compliance. All laws and regulations required he be incorporated in agreements of this character are hereby ocoryantd heroin by Nis reference. The Sella agrees to indemnify and hold the Purchaser harmless from all costs and damages su0brd by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall msign, tramfet or convey this order, or any monies dr. as to National, due ham under without me per wnum content c fthe other parry. 10, TITLE The Seller warrants full, clear and unrestricted title to due Purchaser for all equipment, matmals, and items f ishd n performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of.th m. The Sella shall releme the Purchaser and its contractors of any per from all liability and claims of any nature resulting from the palfir. m¢e ofinish work. This peleue shall apply even in the event of fault of negligence of Um parry, released and shall extend 0 the directors, omckos and employees of such party. The Settees contractual obligations, including warranty, shall not be deemed to be reduced, in very way, because such work is perforated or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required in me my design, device, material or process covered by latter, plant, vadarark or copyrigha, the Seller shall indemnify and save harmless the Purchaser from any and all Claims for infringement by lesson of she use of such pleased design, device, material or process In Concoction with the coouact, and shall indemnify the Purchroser far my cast, expense or damage which it may be obliged to pay by mason of such infringement at any time during the prosecution or after the completion of the work. In cons, said aluipmmt r any pan thereof or Ne intended use of the good, is in such suit held to constitute inMngemem and the me of said equipment or pant is enjoined, the Sella shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment or modify it so it becomes nownfringing. 15. INSOLVENCY. If the Seller shall become imolvear or bankrupt make an assignment for the benefit of embern, appoint a or trustee far my of the Sellers property r bmivaa, this oMer may foMckuh c canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofterms used or the intapreation ofthe agreement and the nghN of all panics hereunder shall be contoo ed under and governed by the laws ofNe Sate of Colomda, USA. The following Additional Conditions apply only in cases where the Sella is to perform work hereunder, including the slices of Sellers Rapmsenative(s), on the premises of mhers. 17. SELLERS RESPONSIBILITY. The Seller shall entry on said work at Sellers own risk until the same is fully completW mall accepted, and shall, in u of any accident destruction or injury to the 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 nationals and equipment are famished by others for installation or election by the Seller, the Seller shall receive, unload, store end handle same at the site and become responsible therefor as though inch matmals antllor equipment were being famished by the Seller under the order. 18. INSURANCE. The Sella shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in correction with the work Coverd by this purchase order, and/or to their dependants in accordance with the laws of the sate in which the work is to be done. The Seller shall also carry comppehemive geoeml liability including, but not limited to, contactual and automobile public liability insurance with bodily injury and death limits of at Icut S300,0130 for any one person, $500,00o for any one aidat and wopmy damage limit per accident of $400,000. The Seller shall likewise require his contactors. Harry, to provide for such compensation and insurance. Before my of the Sellers Calls contrmwrs employees shall do any work upon the premise of others, the Seller shall famish the Purchima witha certificate Nat such compensation and insurance have been provide. Such Certificates shall specify the date when such Compensation and insurance have been provided. Such cenifcates shall specify the date whin such compensation and insurance expires. The Seller agrees Nat such oompemotion and..a shall be maintained and after the entice work is Complete and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind or nature wha never to Persons 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 r all of the Purchasers officers, agents and employees from and against my and all claims, losses, damages, charges or expenses, whether dilect or indirect and whether to persona or property to which Re Pumhua may be put or subject by reason of any act. action, aeglect omission r default om the pm of the Seller, my of his ovmuntors, C any of the Sellers or conmctors am.. agents or employers. In eau any it or other proceedings shall be brought against the Purchaser, or its oMs., agents or employers at anytime on recount ar by resson of my act, action, neglcel, omission or default of the Seller of my of his contractors or my of its or their omcm, agents or employees m aforesaid, fee Seller hereby agrees to assume the defense thereof and to defend the same at Sellers awn expense, to Pay any and all casts, charges, ammeys fees and rber expenses, any and all judgments Nat may be incurred by or obtained against the Firebmer or any of its or their CMe., agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property, of the Purchaser, or said Patrick in or as a result ofsuch suits or other proceedings, the Seller will at once Cause the same to he dissolved mall discharged by giving bond or otherwise. The Sella and his contractors shall take all safety precautions, fumish and imall all grmmd nccatcary for the preveouon of accidents, comply with all laws and regulations with ugard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and legulations issued pursuant thereto. Revised p7n014