HomeMy WebLinkAbout114178 DELL MARKETING LP - PURCHASE ORDER - 9147549of
FOCity, Collins
Date: 12/22/2014
Vendor: 114178
DELL MARKETING LP
ONE DELL WAY
MS: RR1-35
ROUND ROCK TX 78682
PO Number Page
9147549 1 1of2
�This number must appear
on all invoices, packing
slips and labels.
Ship To: PUBLIC LIBRARY (MAIN)
201 PETERSON ST
FORT COLLINS CO 80524-2990
Delivery Date: 12/22/2014 Buyer: ED BONNETTE
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
t Quotation # 698100056 12/19/14 1 LOT LS 15,711.60
Inspiron 23 (Model 5348)
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
711
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
I. COMMERCIALDETAILS.
Tax exemptions. By statute the City of Fort Collins N exempt from mar and local taxes. Our Exemption Number is
I L NONWAIVER.
98-04502. Federal Excise Tax Faemplim Cenifican, of Registry 84 6000587 is registered with the Collector of
Failure of the Purchaser to insist upon strict perfortnara,e of the tams and conditions hereof, faihue or delay to
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Station 1973, Chapter 39-26, 114 (a).
exercise any rights or rerrdmi, provided human or by law, failure to promptly notify the Seller in the event of a
breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of
Goods Rejead. GOODS REJECTED due to fail... to weer specifications, either when shipped or due to d,inN of
any of the warranties or obligations of this purchase order and shall not be deemed a waiver army right of the
damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written
purchaser to imist upon strict performance herafor any of its rights or remedies is to my such goods, regardless
instructions from me City of Fan Collins.
of when shipped, received or accepted, IN to my prior or subsequent default hercmm e. nor shall any porponed
oral mndi fication or rescission of this purchase order by the Purchaser operate as a waiver of my of be terms
Inspection. GOODS are subject to the City of Fan Collins inspection on arrival.
hereof.
Final Acceptance. Receipt of the merchandise, same. or equipment in response m this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pan of the City of Fort Collins. However, it is in be understood that FINAL
Seller and be Purchaser recognize that in actual academic practice, overcharges hemline fro without
ACCEPTANCE is dependent upon completion ofall applicable required imitation procedure.
violations art in fact home by the Purchaser. T omembm, for good cause and a coeidemtion for executing this
purchase order, the Seller hereby assigns to the Purchaser my and all claims it may now have or hereafter
Freight Terms. Shipments must be FOR.. City of Fort Collins, 700 Wood St, Fort Collins, CO 80522. mites,
acquired under federal or stain antitrust laws for such overcharges relating fo the particular goods or services
otherwise specified on this order. If pemfissim is given to prepay freight and charge separately, the original freight
purchased or acquired by the pmchazer pursuant to this purchase order.
bill ..at accomoanv invoice. Additional ¢hares, for Pocking will nor be amatd.
Shipment Distance. Where manor turers have distributing Points in various pans of the country, shipment is
expected from be nearest distribution Point to domination, and excess freight will be deducted from Invoice when
shipments are made from greaten distance.
Perturbs. Sella shall procwre at callers ale cost all neaccury permits, certificates and license inured by all
.,liable laws, reguldimrs, ordinance cad roles of the state, muniri,ality, territory or political subdivoion where
the work is Performed, or required by any other duly comtimted public authority bavingjurisdiction over the work
of vendor. Seller fuller agrees to hold the City of Pon Collins harmless from and against all liability and loss
incurred by them by reason of an asserted or established violation of any such laws, regulations, radiances, rules
and rwuionname
Authorization. All parties to this contract .,in than the represenmtives are, in fact, bona fide and possess full end
complete authority to bind said parties.
LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terms and conditions staid
herein act forth and my mpplrmentary ar additional temss and conditions amazed hemm a incorporated herein by
rrlemnce. Any additional or ddlimemarcs and conditions pmpnsed by seller. objected to and herby jeered.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
promised delivery date as noted. Time is of the asrna. Delivery and performance most be afinted within the time
stated on the purchase order and the documents attached hereto. No acts of the Pumhamn including, without
limiatim, acceptance of partial Imo deliveries, shall operate as a waiver of this provision In the event of any delay,
the Purchaser shall base, in addition to ate. legal and equitable remedies, the option ofplacing this order elsewhere
and holding the Seller liable fir damages. However, the Seller shall not be liable for damages e a result of delays
due m erases not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence,
such No of Gad rats of civil or military authorities, goveromatal priorities, fires, mikes, flood, epidemics, cams or
riots Provided but notice of the conditions causing such delay is given to the Purchaser within five (5) days of me
time when the Sella first received knowledge thereof In me event of any such delay, the date of delivery shall be,
minded for the penad ryml to the time wholly lost by noon ofthe delay.
3. WARRANTY.
The Sell- warrants flit all goals, articles, materials and work covered by this order will conform with eJahable
drawings, specifications, samples and/or other descriptions given, will be, fit for the purposes intended, and
performed with the highest degree of care and competence in accordance with accepted standards fur work of a
'inilar armor. The Sella agrees to hold the purchaser harmloss from any loss, damage or expense which the
Purchaser may suffer or incur on account of the Sellers breach of warranty. The Sella shall repine, repair or make
good, without cost to the purchaser, my defects or faults arising within one (O year or within such longer Pend of
time in may be presented by law or by be lesions of my applicable warranty provided by the Seller after the date of
mecptance of be goods fumishd hereunder (acceptance not to be unaamnably delayed), resulting fmm imperfect
or defective work done or matdals f fished by the Sella. Acceptance or use of goods by me Purchaser shall not
ounim¢ is waiver of my claim under this warranty. E cep. as otherwise Provided in this purchase order, tbe Sellers
liability hereunder shall extend m all damages proximately caused by be breach of my of Oa, foregoing warmanox
or guarm ms, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES B4 LEGAL TERMS.
The Purchaser may make changes to legal terms by written change order
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to bar terms, other than legal temu, including additions to or deletions from
the quantities originally ordered in the specifiestioe m drawings, by verbal ar wdnrn change order. If my such
change alTems the amount due or the time ofpaformmee hereunder, an equitable abashment shall to made.
6.TERMMATIONS.
The Pmebaser may at my time by wines change order, ternfiwle this agreement as to my or all part mts of the
goods then not ship pi subject to any equitable aditmmrnl between thc ponies as to my work or materials ma in
progress pre idd that be Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
portion of the goods aapm work, for incidental or conaequential damagos, and that no such djmtmrnt be made in
favor of the Seller with respect la my goods which are the Sellers standard stack. No such termination shall relieve
the Purchaser or the Selier of any oftheir obligations as to my goods delivered herander.
). CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most te boomed within thirty (30) days from me date the change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants but all goods mid hereander shall have been produced, sold, delivered and fumishd is strict
compliance aim all applicable law, and regulations to which me goad are subject The Sella shall execute sal
deliver such documents a may be required to effect orevidence compliance. All laws and regulations requited oo be
corPamtd in agreements of this character aR hereby incorporated herein by this orfermce. The Seller agrees to
indemnify and hold the Purchaser hominess from .11 casts and damages afflad by the Purchaser as a result of the
Sellers milure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, hansfet or convey this orda, or any monies due or to become due hereunder without me
prior written eoosent of me other party.
10, TITLE.
The Seller wvrmts full, clearand comment title to me Purchaser for all aryipmmt twtckda. and it. fumishd
in pert ante of this agreement, free and clear of my anal all limn, restriction, reservations, security interest
mcnmbrances ad claims af.dams.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to correct noncoaf eraing or defective goods by a date to be agreed upon by the
Purchaser said the Seller, and the Sella thereafter indicates its mobility or unwillingness to comply, the Purchaser
may cause the work to be per( d by be most expeditions meters available to it, and the Sella shall pay all
casts associated with such work.
The Sella ,lull release the Purcluoer and its contractors army tier tram all liability and claims of my n mre
resulting from the perf ernaner ofacch work.
This release shall apply even in the event of fault of negligence of the party messed and shall extend to the
directors, o icrrs and employees of such party.
The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in my way, bemuse
such work is performed or caused to be Performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use my deign, device, rational or pmeess covered by later, moms trademark
or copyright, the Sella shall indemnify and cove harmless me Position from my ad all claims fro infingemeat
by reason of Ore use of such parented design, device, material or process in amectiav with the contract and
shall indemnify the Purchaser for my cos, expanse or damage which it may be obliged to pay by reason of such
infringement at my time during me prosecution or after the completion of the work. In rase said equipment or
any pm thereof or the intended use of the goods, is in such suit held to coelime outragemem and me use of
said equipment or pan is enjoined, me Seller shall, at its awn 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 sec it becomes noninfn'nging.
15. INSOLVENCY.
If be Seller shall become insohmt or bankrupt, retake an assignment for be benefit of credimrs, appoint a
receiver of trustee for my of me Sellers pmpeny or mines, this order may foMwith be canceled by the
rchas Puer without liability.
16. GOVERNING LAW.
The definitions oftemas had or me interpretation ofthe agreement and be rights ofall panics herewder sholl te
artswd under and invented by me law, of the State of Colorado, USA.
The following Additional Conditions apply only in moves where the Seller is to perform work hereunder,
including the services of Sellers Representative(s), on the premises of others.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall,
in ee of my accident destruction or injury to the work mdNm matenais before Sellers f I completion and
acceptaae, complete the work at Sellers own epeee, sad to the satisfaction of be Purchase. Wbea materials
and ryttipmmt are famished by ad. for installation We erection by the Sella, the Sell, shall receive, unlmd,
store and handle same at the site and become responsible therefor as though such materiak ad/m a tripmrnt
were being famished by be Seller coda the other.
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 connection with the work covered by this purchase order,
and/or to their dependents in accordane with the laws ofthe state in which the work is to be done. The Seller
shall also carry comprehensive general liability including, but not limited to, contrmtml and automobile public
liability insurance with bodily injury and death limits of at least S300,000 for any one person, S5Ig000 for my
accident and property damage limit per accident of S400,000. The Seller shall likewise require his
ontacrma, Worry. to provide for such compensation and inaurarae. Before my of me Sellers or by community
employers shall do my work upon me premises of others, the Seller shall Norman the Pureluoa wins a anifcase
that such comp,aation and Insurance have been pmvidd. Such anifimtrs shall specify me date ohm such
compensation and insurance have been provided. Such certifates shall specify the date when such accommation
and insurance spires. The Sella agree that such compensation and inautmrce shall te mainuined until an, the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assmas the entire responsibility and liability for my and all damage, lass or injury of any kind
or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in
this purchase order or in correction herewith. The Sella will indemnify and hold harmless me Purchn, and any
cr all of dFu coons ofrars, teats and employees from and against my and all claims, losses, damage,
in harges m expenses, whether dhect or indirect, end whamer to persons or pmpmy to which the Purchaser may
be put or subject by reason of my act, action, neglect, omission or &fault on be, pan of the Seller, my of his
commctors, or my of the Sellers or contractors officers, agents or employers. In case my suit or other
proceedings shall be brought agnitat the Purchaser, or its officers, agents We employers at my time an account or
by reason of my ac, ration, neglect, omission or default of the Sella of my of his contractors or entry of its or
their officers, agents or employees as aforesaid, the Seller hereby agrees In assume the defense thermf and to
defend the same at the Sellers own expense, to pay any and all casts, charges, attorneys fees cad other expenses,
any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their olficera,
agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon ar
obtained against the property ofthe Purchaser, or said parties in or as a result transit suits or other proceedings,
the Seller will at once cause me same to he dissolved and discharged by giving band or otherwise. The Seller and
his contractors shall cake all safety precautions, famish and room][ col guards nercs<.my for the prevention of
accidents, comply with all laws and regulations aim regard to may including, but without limitation, da,
Occupational Safety and Halth An of 1970 red all rule and regulations board ptusumt thereto.
Revised 07=4