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HomeMy WebLinkAboutCORRESPONDENCE - PURCHASE ORDER - 9180969Quote Number: SF008094.2 BIAS Corporation Quote Date: 11/29/2017 1801 Old Alabama Road, Suite 300 Roswell, GA 30076 Valid through: 1/31/2018 Contact: Kathy Turner Client Information: City of Fort Collins Phone: 303.807.8701 Gerry Paul Email: Kathy.Turner@Biascorp.com gspaul@fcgov.com Fax: 678.578.4300 970-221-6779 Contract Start Date: Contract End Date: Oracle License and Support Agreement: Open Market Support Service # 13784506 Line Qty. Part Number Description Category Serial Number CSI Number Ext. Price in USD 1 1 Oracle Database Appliance X6-2-HA: model family 21031531 $ - 2 1 Oracle Database Appliance X6-2-HA: model family 1702NM0003 21031532 $ - 3 1 Oracle Database Appliance X6-2-HA with 2 servers each including one 10 GbE SFP+ card and 1 storage enclosure fully populated with 24 SSDs 21031533 $ 9,675.35 4 1 STORAGE SHELF, ODA X6-2, w/24xSSD 1701NMQ00R 21031534 $ - 5 1 X6-2, 1U E5-2630, 256GB, 2x480GB, Niantic ODA 1652NM10L5 21031535 $ - 6 1 X6-2, 1U E5-2630, 256GB, 2x480GB, Niantic ODA 1652NM10KG 21031536 $ - 7 6 Power cord: Sun Rack jumper, straight, 3 meters, C14 plug, C13 connector, 15 A (for factory installation) 21031537 $ 14.00 8 4 Sun 10Gbps Dual Rate SFP+ SR 21031538 $ 78.11 Product Category Total Net Fees Hardware Renewal $ 9,767.46 Total Fees $ 9,767.46 1/24/2018 1/23/2019 HARDWARE TERMS AND CONDITIONS GENERAL BIAS Corporation P O Box 116897 Atlanta, GA 30368-6897 1. Technical Support: Fees for Technical Support Services are due and payable quarterly in arrears. Technical Support Services are effective upon shipment or upon the Effective Date of this Ordering Document if shipment is not required. 2. Orders: All orders are subject to acceptance by BIAS. All orders are non−cancelable and non−returnable ("NCNR"). The Customer may not cancel or reschedule orders without BIAS’ consent. 3. Product Returns: Customer cannot return products without a BIAS return material authorization ("RMA") number. RMAs will be issued only for damage, shortage, or other discrepancy to products created solely by BIAS or the original manufacturer, and only if Customer notifies BIAS in writing of any damage, shortage, or other discrepancy to products within 10 days after delivery. RMAs will not be granted for damage, shortage, or other discrepancy created by Customer, the carrier or freight provider, or any other third party. Returned products must be in original manufacturer’s shipping cartons or equivalent. Customer must return all Products, freight prepaid, as specified in the RMA and pay any restocking charges. At BIAS’ discretion, BIAS will return all products not eligible for return to Customer, freight collect, or hold product for Customer’s account at Customer’s expense. 1. Payment Terms: BIAS Corporation will invoice customer on shipment date. Payment is due to BIAS Corporation on Net 20 terms. Invoice amounts not paid within 20 days of the invoice date will be subject to 18% annual interest rate, compounded daily, on the unpaid amount. Checks will be remitted to the following address: 5. Governing Law: This agreement shall be subject to the laws of the State of Colorado. Technical support is provided under Oracle's technical support policies in effect at the time the service are provided. The technical support policies in effect at the time the services are provided. The technical support policies are subject to change at Oracle's discretion; however, Oracle will not materially reduce the level of services provided for supported programs and/or hardware during the period for which fees for technical support have been paid. You should review the technical support policies prior to entering into this ordering document. The current version of the technical support policies may be accessed at http://www.oracle.com/us/support/policies/index.html. 4. Oracle Manufacturer's Statement of Terms: All orders are subject to Oracle's Manufactures's Statement of Terms included in this quote as Addendum A. Customer and BIAS Corporation agree that the terms and pricing of this Ordering Document shall not be disclosed without the prior written consent of the other party. This quote is valid through January 31, 2018 and shall become binding upon execution by Customer and BIAS Corporation and acceptance by Oracle Corporation. BIAS Corporation Title: Effective Date: Effective Date: Signature: Signature: City of Fort Collins Name: Title: Name: Gerry Paul Purchasing Director 1/31/2018 1. Hardware 2. Warranty B. You have the right to use the operating system delivered with the hardware subject to the terms of the license agreement(s) delivered with the hardware. Current versions of the license agreements are located at http://oracle.com/contracts. You are licensed to use the operating system and any operating system updates acquired through technical support only as incorporated in, and as part of the hardware. Manufacturer's Statement of Terms This Manufacturer’s Statement of Terms (the “statement”) is provided by Oracle Corporation, including its subsidiaries (“Oracle”). This statement applies to the Oracle products and services you have ordered from an Oracle authorized reseller. A. Your hardware order consists of the following items: operating system (as defined in your configuration), integrated software and all hardware equipment (including components, options and spare parts) specified on the applicable order. The term “hardware” is defined as the hardware equipment, including components, options and spare parts. The hardware equipment or parts of it may be new or like new. The term “integrated software” is defined as software embedded in the hardware which is essential to hardware functionality (e.g., firmware). D. The operating system and/or integrated software may include separate works, identified in a readme file, notice file or the applicable documentation, which are licensed under open source or similar license terms; your rights to use the operating system and integrated software under such terms are not restricted in any way by this statement. The appropriate terms associated with such separate works can be found in the readme files, notice files or in the documentation accompanying the operating system and integrated software. E. You may only make copies of the operating system and integrated software for archival purposes, to replace a defective copy, or for program verification. You shall not remove any copyright notices or labels on the operating system or integrated software. You shall not decompile or reverse engineer the operating system or integrated software. F. Oracle may include additional programs on the hardware (e.g., Exadata Storage Server software). You are not authorized to use those programs unless you have a license specifically granting you the right to do so. If you would like a 30 day trial license to use such programs contact Oracle or an Oracle authorized reseller. G. You acknowledge that to operate certain hardware your facility must meet a minimum set of requirements as described in the hardware documentation. Such requirements may change from time to time, as communicated by Oracle to you in the applicable hardware documentation For GPLv2, LGPLv2.1, GPLv3 and LGPLv3 licensed code received by you as binaries on physical media, if you would like to receive a copy of the source code (“source code”) on media via postal service, submit your written request at <http://oss.oracle.com/systems-opensourcecode >. Alternatively, you can mail your written request to Oracle Corporation, Attn: VP of Legal, Development and Engineering, 500 Oracle Parkway, MS-5OP10, Redwood Shores, CA 94065. Your request should include the name and version number of the product, your name, your company name (if applicable), your return mailing address, and your email address. Certain source distributions require a fee for physical media. Should this be the case, you will be sent details on the cost and payment procedure via email. Your request must be sent within three (3) years of the date of our last delivery of the applicable product. This offer only applies if you received your operating system and/or integrated software on physical media. A. Oracle provides a limited warranty for (i) the hardware, (ii) the operating system and the integrated software, and (iii) the operating system media and the integrated software media (collectively, “media”). Oracle warrants that the hardware will be free from, and using the operating system and integrated software will not cause in the hardware, material defects in materials and workmanship for one year from the date the hardware is shipped by Oracle. Oracle warrants that the media will be free from material defects in materials and workmanship for a period of 90 days from the date the media is shipped by Oracle. ORACLE DOES NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION OF THE HARDWARE. You may access a more detailed description of the limited hardware warranty at http://www.oracle.com/us/support/policies/index.html (“the warranty web page”). Any changes to the hardware warranty details specified on the warranty web page will not apply to hardware ordered prior to such change. C. You have the limited, non-exclusive, royalty free, non-assignable right to use integrated software delivered with the hardware subject to the terms of the applicable documentation. You are licensed to use such integrated software and any integrated software updates acquired through technical support only as incorporated in, and as part of the hardware. Addendum A i. ii. iii. iv. v. vi. vii. viii. ix. x. xi. 3. Oracle Hardware and Systems Support 4. Export Oracle’s Manufacturer’s Statement of Terms_v092311 maltreated or used in a manner other than in accordance with the relevant documentation; B. FOR ANY BREACH OF THE ABOVE WARRANTIES, YOUR EXCLUSIVE REMEDY AND ORACLE’S ENTIRE LIABILITY SHALL BE THE REPAIR OR, AT ORACLE’S OPTION AND EXPENSE, REPLACEMENT OF THE DEFECTIVE PRODUCT, OR, IF SUCH REPAIR OR REPLACEMENT IS NOT REASONABLY ACHIEVABLE, THE REFUND OF THE FEES YOU PAID ORACLE FOR THE DEFECTIVE PRODUCT AND THE REFUND OF ANY UNUSED PREPAID TECHNICAL SUPPORT FEES YOU HAVE PAID FOR THE DEFECTIVE PRODUCT. TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS WITH RESPECT TO THE ABOVE ITEMS, INCLUDING ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Parts or components which are replaced under the applicable warranty may not be new. Title in all defective parts which are removed from the hardware under applicable warranty shall transfer back to Oracle. C. No warranty will apply to hardware, operating system, integrated software or media which has been: modified, altered or adapted without Oracle’s written consent (including modification by removal of the Oracle/Sun serial number tag on the hardware); NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR DATA USE. ORACLE’S MAXIMUM LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THE ORACLE HARDWARE AND SYSTEMS SUPPORT WHETHER IN CONTRACT OR TORT, OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT OF THE FEES YOU PAID ORACLE FOR THE ORACLE HARDWARE AND SYSTEMS SUPPORT SERVICE GIVING RISE TO THE LIABILITY. repaired by any third party in a manner which fails to meet Oracle’s quality standards; improperly installed by any party other than Oracle or an authorized Oracle certified installation partner; used with equipment or software not covered by the warranty, to the extent that the problems are attributable to such use; relocated, to the extent that problems are attributable to such relocation; used directly or indirectly in supporting activities prohibited by U.S. or other national export regulations; used by parties appearing on the most current U.S. export exclusion list; Export laws and regulations of the United States and any other relevant local export laws and regulations apply to the programs and hardware (including any integrated software and operating system(s)). You agree that such export laws govern your use of the programs (including technical data), hardware (including any integrated software and operating system(s)) and any services deliverables provided under this agreement, and you agree to comply with all such export laws and regulations (including “deemed export” and “deemed re-export” regulations). You agree that no data, information, program, hardware (including any integrated software and operating system(s)) and/or materials resulting from services (or direct product thereof) will be exported, directly or indirectly, in violation of these laws, or will be used for any purpose prohibited by these laws including, without limitation, nuclear, chemical, or biological weapons proliferation, or development of missile technology. You shall include the following notice on packing lists, commercial invoices, shipping documents and other documents involved in the transfer, export or re-export of the programs and hardware (including any integrated software and operating system(s)): ‘These commodities, technology, software or hardware (including any integrated software and operating system(s)) were exported in accordance with the U.S. Export Administration Regulations and applicable export laws. Diversion contrary to applicable export laws is prohibited.’ relocated to countries subject to U.S. trade embargo or restrictions; used remotely to facilitate any activities in the countries referenced in (ix) above; or purchased from any entity other than Oracle or an Oracle authorized reseller. If ordered, Oracle Hardware and Systems Support (including first year and all subsequent years) is provided under Oracle’s Hardware and Systems Support Policies in effect at the time the services are provided. You agree to cooperate with Oracle and provide the access, resources, materials, personnel, information, and consents that Oracle may require in order to perform the services. The Oracle Hardware and System Support Policies, incorporated herein, are subject to change at Oracle’s discretion; however, Oracle will not materially reduce the level of services provided during the period for which fees for Oracle Hardware and Systems Support have been paid. You should review the policies prior to entering into an order. You may access the current version of the Oracle Hardware and System Support Policies at http://www.oracle.com/us/support/policies/index.html. Oracle warrants that services will be provided in a professional manner consistent with industry standards. You must notify Oracle of any services warranty deficiencies within 90 days from performance of the deficient services. FOR ANY BREACH OF THIS WARRANTY, YOUR EXCLUSIVE REMEDY AND ORACLE’S ENTIRE LIABILITY SHALL BE THE REPERFORMANCE OF THE DEFICIENT SERVICES; OR, IF ORACLE CANNOT SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE RELEVANT SERVICES AND RECOVER THE FEES YOU PAID TO ORACLE FOR THE DEFICIENT SERVICES.