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HomeMy WebLinkAbout114178 DELL MARKETING LP - PURCHASE ORDER - 9147200 (2)Fort Collins Date: 12/29/2014 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: 20511 YYY30M-WSCA 2014E Lease Purchase Line Description Quantity UOM Unit Price Extended Ordered Price 2 Targus Meridian II Topload 1 LOT EA 3,623.62 Carrying case - qty (91) " addition to Purchase Order " 12/29/14 DDC 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.wrn Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 rder Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collies is exempt from sure and local taxes. Our Exemption Number is 11. NONWAIVER. 99-04503. Federal Excise Tax Exemption Certificate of Registry M,b 00058) is regimm d with the Collector of Failure of the Purchaser on insist upon strict performance of the terms oval ambitious hat failure or delay to Internal Revenue, Dmven Colorado (Ref. Colorado Revised Statute 1973, Chapter 3946, 114 (a). marine any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofar payment far goods hereunder or approval ofte design, shall not release the Seller of Good Rcjmted. GOODS REIECTED due to failure ta at Specifications, either when shipped or due to defects of any of the watmntixx or obligations of this purchase order and shall or be deemed a waiver of any right of the damage in transit, may be refusal to you for credit and are not to be replaced except upon receipt of written purchaser be insist upon strict performance hereof or my of its rights or remedies as to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral much feation or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS u subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, tandem in equipment in response to this orda can result in Il. ASSIGNMENT OF ANTITRUST CLAIMS. authorired payment on the pan of the City of Fort Collins. However, it is f be understood that FINAL Seller and the Purchaser marquise that in actual economic pmetice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore, good muse ad as consideration for exerting ruts purchase order, the Seller hereby assigm to the Purchaser any and all claims it may row have or hereafter Freight Terms. Shipments must be F.O.B., City of Fort Collins, AX) Wood SL, Fort Collins, CO 80522, =less acquired under regard or state antitrust laws for such overcharges relating in the particular good Or unites otherwise specified on this used. If pmnission is given to prepay freight and chuBe impassably. f e original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany rrrvolm. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is If the Purchaser dinets fie 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 deductal from Invoice when Purchaser and the Seller, and the Sella thereafter indicates its inability or unwillingness to comply, the Purchaser Shipments are made fiom greater deco=, may cause the work f be performed by the most expeditious means available to it, and the Sella shall Pay all casts associated with such work. Permits. Seller shall procure at sellers sale cast all necessary pemits, certificates and licam, required by all npplirmle laws, regulations, indications rand roles ofthe slate, municipality, mritory ar political subdivision where The Seller shall releme the Purchasar and its surnmetars or any tier from all liability and claims of any nature the work is performed, or required by any other duly comtintred public authority having jurisdiction over the work resulting form the performance ofmch work. of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and lass incurred by than by season of m asserted or rsablishN violation of any such laws, regulations, ordinances, Sales This rules, shall apply even in the event of fault of negligence of the parry released and shall extend to fie Said requirements, directors, officers and employees of such party. Automation. All parties to this contract agree Char the representatives ere, in fact, farm fide and Posuu full and complete authority to bid said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms ad coditimu sorted herein set forth and any supplementary or additional truwaa cad conditions armed hereto or incoryomted herein by refrenes. Any additional or different nmu and conditions proposal by seller art objector] 1. and hereby rejeded. 3. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you commit make complete shipment to move on yore promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time ,tried net line purchase order and the documents attached hereto. No acts of the rundowns including, without limitation, acceptance of pudial Into deliveries, shall operate as a waiver of this provision. In the event of my delay, the Purchaser shall hove, im addition m other Iegal 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 ss a result of delays due to causes not reasonably foreseeable which arc beyond its wasco slim control and without its fault of negligence, such acts of God, acts ofcivil or military authorities, greammmul priorities, fins, strikes, Bond, epidemics, wars or riots provided Out notice of the conditions musing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge treat. In the event of my such delay, the die of delivery, shall be extended for the period equal in the time xtually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all good, Sort materials and work deveral by this order will contractor with applicable drawings, spaficatimss, Somala and/or other description, given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standard for work of a similar nature. The Seller agrees to hold the purchaser harmless from my less, damage or expert which the Purchaser may suffer or incur on indent of fie Sellers breach of warlanty. The Seller shall replace, repair of make good, without cost to the pmcha d, any defects or faulta arising within one (1) year or within such longer period of limes may be prescribed by law or by the terms of my applicable warn a y provided by the Seller after the date of acceptance of the goads Rowelled hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials fumishW by the Sella. Acceptance or we of goods by the purchaser shall or constitute a waiver of my claim under this Startanry. Except as otherwise provided in this purchase order, the Sellers liability hereunder drall extend m all damages prear mety mused by the bench of any of the foregoing wuraarti s or gu smand, but such liability shall in an event induce loss oforni or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The purchaser may make changes to legal it. by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes to the terms, other than legal terms, including additions to or deletions from the gta noitiic, originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time of perfomance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. Ile Purchaser may at any time by wrum change after, monition, this agreement as to any or all portions of the goods then Out shipped, subject to any equitable djaament belwem fie partite as to any work or materials then to progress provided Nat the Purchaser shall cat be liable for any claims for anticipated profits on the uncompleted Portion of the good and/or work, for incidental or commuemial damages, cad that no such adjustment be made in favor of tin Sella with respect to any goods which art the Sellers standard Stock. No such tarniranion shall relieve the purckua or the Seller ofany of their obligations cram my gaud delivered hereunder. T CLAIMS FOR ADJUSTMENT. Any claim for djus=eat tuna be asserted within thirty (30) days from the date On change or tenth ation is ordered. 8. COMPLIANCE WITH LAW. The Seller warrant that all goods sold hereunder shall have been produced, sold, delivered and famished in said ompliance with all applicable laws and regulations In which the good are subject The Seller shall made and deliver such documents w may be required to effect or evidence compliance. All laws and regulations required 1p be incorporated in agreements of this character an hereby incoryorand herein by this mfercnce. The Sella agrees to indemnify and hold the Purchaser harmless from ell costs and damages suBered by the purchaser as a result of the Sellers failure to comply wish such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or my mania due or to become due hereunder without the TOO, writ consent of the other parry. 10. TITLE. The Sella wanmrts full, clear and umesmded title to the Purchased far all equipment, materials, and items Finished in performance of Nis agreement. firm ad clear of my and all liens, restrictions, reservations, saint, imagist encumbrances and claim, of others. The Sellers command obligations, including warranty, shall rot be decimal in be reduced, in any way, because such work is performed or mused in be performed by the Purchaser. 14, PATENTS. Whenever the Seller is required to use any design, device, material or process command by letter, patent, tradrnmrk r copyright, the Sella shall indemnify and save hamlless the Purchaser Rom my sal all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cast, expense or damage which it may be obliged to pay by mason of such infringement as any time during the prosecution or after the completion of the work. In eau said equipment, or any part thereof or the intended use of the goods, is in such suit held to constitute 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 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 noninlringing. 15. INSOLVENCY. If the Seller shall become insolvent or hankmpr, make an assigmnenn for rue bacteria of acdift rs, appoint a receiver or trustee for my of the Sellers property or business, this order may forthwith he canceled by Ore Purchaser without liability. 16. GOVERNING LAW. The definitions of arms hued or fie comer eration ofrhe agreement ad the rights of all panics henudm shall be command under and governed by the laws cribs State ofColomdo, USA. The fallowing Additiewl Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Representative(s), on the premises ofothem. 17. SELLERS RESPONSIBILITY. The Sella shall carry on said work at Seller's own risk until the same is rally completed am accepted, and shall, fit u of any accident, dam. 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 Purchser. When materials ad equipment am frmishul by others for ituullation or election by the Seller, the Mler shall smeivs, unload, Stan ad handle same at the sin and become responsible therefor as though Such materials anNar, cumpmml were being houshcd by the Sella seder the order. 19. INSURANCE. The Sella shall, at his own expense, provide for the payment of workers compensation including occupational dismu bmcfts, to its employees employed an or in connection with the work covered by this purchase order, mdtor to their dependents in accordance with the laws of the state in which the work is to IS, done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at Idea 5300,000 for any one person, 5500," for any one accident and property damage limit per accident of $400,000, The Seller shall likewise require his contractors, if any, lm provide for such compensation and insurance. Before my of the Sellers or his contractors employees shall der any work upon the premises of others, the Sella shall fmish the Purchaser with a certificate that such compensation and insurance have been provided. Such ecnrecates shall specify the rota when such compensation and insurance have been provided. Such certificate shall specify the date when such compensation and insumme expires. The Sella agrees that such compensation and ituumnce shall be maintained =til after the ratite work is completed and accepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hcdby assumes the entire responsibility and liability for any ad all damage lass or injury ofany kind Or =con whatsoever to persons or properly mead by or resulting from the execution of the work provided fro in this purchase order or in detection herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Purchasers officers, agents and employees from ad against my =d all claims, lasses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on Ne part of the Seller, any of his contractor, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purehasm, or its ofreers, agents or employes at any time oa account or by reason of my act, action, neglect, omission or default of the Seller of my of his contractors or any of its or their oRcers, agents or employees s aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, lm pay any and all casts, charges, attorneys fees end other expenses, any =d all judgments that may be incurred by or obtained against the Purebaser or my of its or their officers, agents our employes in such suits or order proceedings, and in case judgmmt or other lim he placed upon or obtained against the property ofthe Purchaser, in said parties in m as a result of such suits or ether proceedings, the Sella will at once cave the same in be dissolved ad discharged by giving boar] or oNewim The Sella ad his comments shall take all ,stay prmautians, famish ad install all guard mandatory for the prevmdoo of accidents, comply with ell laws and mealatiom with regard to safey including, bur without limitation, the Oc nq animal Safety cad Health Ad of 1970 and all roles and regulatiosissad purse=1 theMo. Revised 07a014