HomeMy WebLinkAbout114178 DELL MARKETING LP - PURCHASE ORDER - 9147043 (2)PO
PURCHASE ORDER 914704er Page
�.I�/ of PURCHASE
47043 t of z
' `tCollins/ This number must appear
` v 1' on all invoices, packing
sli s and labels.
Date: 12/15/2014
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
4 PO #9147043 ADDENDUM
1 LOT
EA
9,058.36
ORDER WAS DOUBLE -SHIPPED BY DELL; BUT M.CARR KEEPING THE ADD'L MONITORS
FOR INVENTORY. -ECB 12/15/14
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
Total
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
rchase Order Terms and Conditions Page 2 of 2
1. COMMERCIALDETAIIS.
Tax exemptions. By statute the City of Fart Collins is exempt from state and local taxes Our Exemption Number is
98-04502. Fedenl Excise Tax Exemption CMi0cate of Registry 84-W00587 is registered with the Collector. of
latemal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 1 to (a).
Grad Rejected. GOODS REJECTED due to failure to mat specifications, either when shipped or due to defects of
damage in transit, may he resumed to you for credit and are rat to be replaced except upon saint of cannon
hardwoods from the City of Fos Collins.
Inspection. GOODS art subject to der City ofFm Collins inspection on arivat
Final Acceptance. Receipt of the merchandise, servied, or equipment in response to this coda an result in
authorial payment an the pan of the City of Fos Collins. However it is to be understood that FINAL
ACCEPTANCE is dependent upon completion are)[ applicable raryired inspection proceedings.
Freight Temu. Shipments most be F.O.B., City of Fort Collins, 200 Wood St, Fart Collins, CO 80522, unless
ofervnse specified on this order. If permission is given to prepay freight and charge separately, the original freight
bill must accompany invoice. Additional charges for packing will rut be ccepted.
Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is
expected from the nearest distribution in, to destination, and excess freight will be deducted f Invoice where
shipments are made from grader distance.
Permits. Seller shall procure at sellers sole cast all necessary pounds, eenlficmes and licenses required by all
applicable laws, regulations, on innnces and roles ofthe tram, municipality, temWrympoliticel subdivision where
the work is performed, or required by any other duly constituted public authority having jurisdiction ova the work
of vendor. Sella further agrees to hold the City of Fart Collins harmlas from and against all liability and lass
incurred by them by reason of on asserted or esmblished violation of any such laws, regulations, ordinance, roles
and requirements.
Aulhudatica, All panic to this crammer agree that the representatives are, in fact, Noun fide and possess full and
omplete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated
herein act forth and any supplementary or additional terms and conditions annexed hereto or incorporated begin by
reference. Any additional or di Bireat temx and conditions moposed by seller are objected to and hereby rejected
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to active on your
promised otherry date as sated. Time is of the essence. Delivery and pa rmnnew must be effected within the time
stated on the purchase order and the documents attached harem. No acts of the Pu¢hasers including, without
limimtian, acceptance of partial Imo deliveries, shall operate as a waiver of this provision. In the event crony 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 s a result of delays
due to dames ram reasonably foreseeable which rare beyond its reasonable contact and without its fault of negligence,
such acts of Gunk acts of civil or military wolonnes, govemmenal prioritia,fires, strikes, Bond, epidemics, wars or
nab provided that retire of the mac lines taming such delay is given to O¢ Purchaser within five (5) days of the
time when the Seller first received knowledge theroof. In the event of any such delay, the date of delivery shall be
extended for be period equal m the time actually last by reason ofthe delay.
3. WARRANTY.
The Sella warrants that all Rind, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples and/or other dacriptiens given, will be f for the purposes intended, anal
performed with be highest degree of can mad competence in accordance with accepted standards for work of a
similar nature. The Seller agora to hold be purchaser hactnleas from any loss, damage or expense which be
Purchaser may trigger or incur on account cordite Sellers breach aristocracy. The Sella shall celibate, repair a make
Rand, without cost to to purchaser, any defects or faults arising within one (1) year or within such longer period of
time as may be prscribed by law or by the terms of any applicable warranty provided by be Sella afire the date of
Lora fence of the goods famished hereunder (mcepraner rot m be unseasonably debayed), carbon, form impala,
or defective work done or materials famished by be Sella. Acceptance or use of good by be Pmohaser stall ma
consume a waiver crony claim under this wananty. Except as otherwise provided in this purchase order, the Sellers
liability haeunder shall extend to all damages pmximamly wood by the breach of any of the foregoing warm oia
on goommus, but such liability shall in no event include loss of profits or loss ofine. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchased may make changes m legal tenor by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, rather than legal tend, including additions to or deletions from
the quantities originally ordered in the specifications or drawings, by verbal or wagon change order. If any such
change affects the amount due or the time ofperformanee hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, laminate this agreement ex to any or all portions of the
goods then not shipped, subject n any equitable adjustment between the parnew s to any work or materials then in
progress provided that the purchaser shall not be liable for any claims for anticipated profits on me uncompleted
portion cribs good maker work, for incidental or consequential damages, and fat no such adjustment be made in
favor of the Seller with respect to any good which am the Sellers standard stock. No such mormation shall relieve
the Purolator act the Seller of any of their idi i,oinos as to any goods delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim far aljmame d must he ssuned within thirty (30) days from the date the change or tagaiwtion is
ordered.
8. COMPLIANCE WITH LAW.
The Sella ou. that all good sold haemder shall have ban Financed, to, delivered and famished in strict
compliance with ell applicable laws and mgulaions to wldch the goods are subject The Sella shall execute and
deliver such documents as maybe required to erect or evidence compliance. All laws and regulations required to be
aerymated in agreements of this chamna are hereby incorporated berein by this ref ce. The Sella agrees to
indemnify and hold the Purchases hornless from all taro and damages suffered by be Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, at any march due or to become due hrrcunder without the
prim isrincn comma of the other parry.
10. TITLE.
The Sella warrants full, clear and unfestfined title to be Purchaser for all equipment mmeris6, and items famished
in performance of this "amen, fire and clear of any and all liens, resfnims, reserved., security interest
encumbrances and claims ofofers.
ILNONWAIVER.
Failure of the Pu¢hsser to imist upon threat performance of be terms and candidates heeof failure or delay to
aremise any rights or remedies provided herein or by law, failore m promptly notify the Sella in the event of a
French, the acceptance ofor payment fm goods hereuMer a approval of the design, shall not release the Sella of
any of the warranties or obligations of this purchae order and shall not be deemed a waiver of any right of the
purchsser to inset upon strict performance hereof or any of its rights or remedies to to my such goods, regardleas
of when shipped, received or acrepted, as many prim or subsequent default hereuMe, ter shall any purposed
and modification or rescission of this purchase order by the Forebear operate as a waiver of any of the terms
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and toe Purchnser recognize Out in actual anomie .fit, overcharges resulting from antitrust
violations ate in fact home by the purchase. Theretofore, for good tame and as consideration for executing this
purchase order, Ore Sella hereby assigns to be Purchaser my and all claims it may now have or hereaaer
acquired under federal or state antitrust laws for such overcharges relating to the particular good or smica
purchased or acquired by the Punctuator pursuant or Nis purchase once,
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 Sella, and the Seller thereafter indicates its inability or unwillingness to comply, be Purchase
may cause the work m be performed by the most expeditions mead available to it, and fe Seller shall pay all
costs associated with such work.
The Seller shall releuse the Purchaser and its contractors of my tier from all liability and claims of any nature
results, from the performance of such work.
This release shall apply even in the event of fault of negligence of the parry released and shall extend to the
directors, opium and employes afsuch party.
The Seller's contractual obligations, including wananty, shall not be deemed to be reduced, in any way, because
such work is performed or caused to be performed by the Purchaser.
to. PATENTS.
Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark
r copyright the Seller shall indemnify and save harmless the Purchmer from any and all claims for infringement
by re of the use of such Formed design, device, material or process in connection with the contract, and
shall indemnify the Purchase, far any cast, expense or domage which it may be obliged to pay by reason of rah
impingement at any time during the prosecution or arm the completion of be work. In case said equipment, or
any pas thereof or the intended rue of the good, is in such suit held to constitute infringement and the tau of
said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the
Purchaser be right to continue ruing said equipment or pass, replace the same with substantially imam but
commingling equipment, or madify it so it baames noninlrioging.
I S. INSOLVENCY.
If to Sella shall become insolvent or bandrapt make an inaugurator for the benefit of creditors, appoint a
or frusta for any of fie Sellers property or business, this order may forthwith be canceled by fe
Purchases without liability.
16. GOVERNING LAW.
That definition of terns used or the interpretation of the agreement and the rights of all parties hereon ier shall be
mnswed under aM governed by fie laws, of fe State ofColondo, USA.
The fallowing Additional Conditions apply only in cases where be Sella is to perform word, hereunder,
including the services ofSellets RepresenaOve(s), on the promises ofothas
17. SELLERS RESPONSIBILITY.
The Seller shall cony on said work at Sellers own risk until the same is belly mmplaed and aver d, and shall,
in se of any accident, destruction or injury to the work andier materials before Sellers final completion and
acceptance, complete the work at Sailors own expense and to Ile, satisfaction of be Purchaser. When materials
and equipment arc famished by others for immulmion or erection by fie Sella, the Sella shall receive, unload,
stare add handle same at the site and become responsible therefr as though such materials ankor equipment
were being famished by the Seller under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for be payment of workers compensation, including occupational
disease benefits, to its employees employed on or in connection with the work covered by this purchase order,
and/or to their dependents in accordance with the laws of the state in which be work is to be done. The Seller
shall also carry comprehensive general liability including, but not limited to, conhrmmal and automobile public
liability insurance with bodily injury and death limits of at lest 5300,000 for any one person, $500,000 for any
one accident and property damage limit per accident of $400,000. The Seller shall likewise require his
conamemn, if any, Ir provide for such compensation and insurance. Before any of the Sellers or his contractors
employees shall du any work upon the premises of others, the Sella shall famish fie Purchaser with a ceni6cate
that such compensation and insurance have been provided. Such certificates shall specify be date when such
condensation and insurance have been provided. Such certificates shall specify the date when such compensation
and insurance expires. no Seller Was 'but such compensation and insurance shall be maintained until after the
atom work is completed and accepted.
19. PROTECHON AGAINST ACCIDENTS AND DAMAGES.
The Seiler hereby —a— he entire reasonability and liability for any and sll damage, loos or injury of any kind
or nature whatsoear to persons or property caused by or resnhing from the execution ofthe work provided for in
this purchase order or in connection herewith. The Sella will indemnify and hold harmless the purchaser and any
or all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages,
charges or expenses, whether direct or indirect and whether to persod or property m which the Purchaser nay
be put or subject by reason of any act action, neglect omission or default on the Ixas of be Sella, any arms
contactors, or any of the Seller or contractors of firms, agents or employees. In case my suit or other
proceedings shall be brought against be Purchaser, or its oRcers, agents or employers d any time on earnest or
by duccom of any act, action, ogled, omission or default of the Sella of any of his contractors or any of its or
thee oMo., aga. or employes ns aforesaid, the Sella hereby agrees m assume fie defense thereof and m
defend the name al the Sellers own a.,me, at pay any and all crab, charges, madays f and other expenses,
any and all judgments but may ba incurred by or obtained against the Pacbser or any of its or thew officers,
agents or employees in such suits or other proceedings, and in mse judgment m other lien be placed upon or
obtained against fie property offe Purchases, or said panes m or as a result afsuch suits or other proceedings,
the Sella will at once cause the same to be, dissolved and discharged by giving band a othervise. The Sella and
has contractors shall take all safety precautions, famish and install all goad necessary for be prevention of
accidents, comply with all lax, and regulations with regard ta eatery incledual bus without limiation, the
Occupational Safety and Health An of 1970 and all rates and regulations issued pursuant Wefem.
Revised O7R014