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A
Statement
Both of us agree to add the following Services as part of our ServiceElite contract.
This Statement of Work, its applicable Transaction Documents, applicable Attachments, and the agreement in effect between us comprise the complete
agreement regarding the Services described and replace any prior oral or written communications between Client and IBM. Each party accepts the terms
of this Statement of Work by signing this Statement of Work by hand or, where recognized by law, electronically.
As used in this Statement of Work, "Client ", "Customer ", "you" and "your" refer to the contracting entity identified below.
Agreed to:
CITY OF COLUMBIA HEIGHTS (Client)
Agreed to:
International
By By
Authorized signature
Name (type or print):
Date:
Enterprise Number: 05929418
Enterprise address:
CITY OF COLUMBIA HEIGHTS
590 40TH AVE NE
COLUMBIA HTS MN 55421 -3835
Name
Date:
Refer(
Stater
IBM a
�i
signature
ent number: MAHBXKX
of Work number: ARONFH
IBIA CORPORATION
6303 BARFIELD RD NE
ATLANTA, GA 30328 -4233
Z125- 7228 -22 08 -2016 (MK076) contract ARONFH (prepared 10/21/16 15:31 ARJNOWL) /Print Control Number 01 Paae 1 of 1
SOLD BY
TSG Server & Storage
10 Second Street NE, Suite 214
Minneapolis, MN 55413
kPhone: (612) 465 -0802
Fax: (612) 465 -0823
SOLD TO
City of Columbia Heights
590 40th Ave NE
Columbia Heights, MN 55421
Attention: Joseph Kloiber
Phone: (763) 706 -3627
Fax: ( ) -
• •
Machine
Type
Model
Serial
Number
Description
Start [End ��
Date
Date Extended Price
8203 NA OOOODDF34 Power System 520 Hardware Maintenance Renewal M-F 8X5
10/28/2016. 10/27/2019 L00.. $3,130.00 $3,130.00
8203 E4A OOOODDF34 SWMA for IBM i Software Maintenance Renewal Prime Shift
10/28/2016 10/27/2014 1.00 $3,970.00 $3,970.00
Terms: Net 30
Subtotal: $7,100,00
$
Customer P.O.:
Tax Rate: 0.000%
Project #: 2016 -0735
Tax Amount: $0.00
Grand Total: $7,100.00
This Sales Quote and the purchase of the Items) /Service(s) indicated above are subject in all respects to the Terms and Conditions attached.
By signing below, Purchaser expressly agrees to the Terms and Conditions.
Accepted by TSG Server & Storage:
Signed By:
Name:
Title:
Date:
2016 -0735
Marty Ward
Account Executive
09/30/2016
Accepted by City of
Signed By:
' *,f4- �,c-
Name:
Joseph Kloiber
Title:
Finance Directs
Date:
/cAM(
WAL%`/L
Terms and Conditions
The following terms and conditions shall apply to such purchase and sale:
1. Applicability
These terms and conditions shall govern the attached sales quote (these terms and conditions
together with the sales quote forming the "Agreement ") to the exclusion of any other terms and
conditions and none of Purchaser's additional or different terms shall apply.
2. Purchase Price; Payment; Taxes
Purchaser agrees to pay the stated price of each item or service, which prices include
installation of the item(s) where applicable, but exclude federal, state, or local taxes, customs,
duties, charges, consular fees, permit and license fees and any other taxes, fees or expenses
which shall be added to the price or billed separately to Purchaser where Seiler has the legal
obligation to collect or pay such taxes, fees or expenses. Seller shall issue a separate invoice
for each delivery of items and /or services under this Agreement. Purchaser shall pay Seller the
full amount stated in such invoice within 30 days after the date of Seller's Invoice, in U.S.
dollars. Seller reserves the right to charge at any time a monthly service charge of 1 1/2 % or
the highest rate allowed by law, whichever is lower, on amounts outstanding more than 30 days
from the date of Seller's invoice, effective as of the 31st day from the invoice date.
3. Freight Costs; Delivery; Risk of Loss
Unless the sales quote specifies otherwise: (a) Seller will arrange for packing, insurance,
shipment, and delivery of the equipment to Purchaser; (b) all delivery expenses, including
transportation, freight, insurance and any other shipping costs, shall be the responsibility of the
Purchaser; and (c) selection of carrier and routing of all shipments shall be at Seller's
discretion. Seller shall use its best efforts to furnish the items and /or services covered by this
Agreement in accordance with the delivery schedule stated in the sales quote; however, Seller
shall not be liable for any damages or penalty for delay, for failure to give notice of delay, for
failure to perform or deliver, or failure to give notice of non - performance or non - delivery. All
risks to the items to be delivered pursuant to this Agreement, including risks of loss or damage
in transit, shall be borne by the Seller until the items are delivered to Purchaser notwithstanding
Purchaser's obligation to pay shipping and other transportation charges. Purchaser must inspect
delivered items and report claims for damages or shortages in writing within five (5) days of
delivery or the items shall be deemed irrevoccably accepted and such claims shall be deemed
waived.
4. Limited Warranty; Remedies
Purchaser acknowledges that Seller is not the manufacturer of the item(s) and expressly waives
any claim, including a claim for indemnity, against Seller based upon any infringement or alleged
infringement of any intellectual property right of any other person with respect to any item(s).
Subject to the terms of this section, Seller warrants to the original purchaser the items sold
hereunder to be free from defects in material and workmanship upon delivery and that any
services performed hereunder will be done in a workmanlike manner. if such items /services are
not as warranted, Seller will, at its option, repair, replace or refund the purchase price of any
items /services that prove defective within the warranty period. The warranty period shall be 30
days from the date of shipment of the item or the provision of such services or such shorter
period specified on the face of the sale quote applicable to such item or services. This warranty
shall only apply if Purchaser (a) notifies Seller of the defect during the applicable warranty
period and (b) contacts Seller to obtain instruction for the return or inspection of the item(s).
THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, STATUTORY
OROTHERWISE, INCLUDING,
2016 -0735
WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, INFRINGEMENT AND FITNESS
FOR PARTICULAR USE.
In no event shall Seiler be liable for any special, consequential, incidental, indirect, punitive, or
exemplary damages arising out of this Agreement or the item(s) sold or services provided
hereunder, including but not limited to, damages for loss of profits, loss of use, lost data, loss
of good will, interruption of business, or any other measure of economic loss, even if Seller has
been advised of the possibility of such damages, whether based upon principles of contract,
warranty, negligence, tort, breach of statutory duty, principles of indemnity or contribution, the
failure of any limited or exclusive remedy to achieve its essential purpose, or otherwise. Seller's
liability to Purchaser hereuner shall in no event exceed the amount acutally received by Seller
from Purchaser under this Agreement. Repair or replacement of the item(s) /service(s), or refund
of the purchase price, is the Purchaser's exclusive remedy.
5. General
A. The Purchaser is responsible for the accuracy of any equipment configuration provided by the
Purchaser and used as a basis to order any item(s) listed. Any additional charges for item(s) or
service(s) resulting from inaccuracies in the equipment configuration supplied by Purchaser to
Seller will be the sole responsibility of the Purchaser.
B. The Agreement constitutes the entire agreement between Seller and Purchaser and
supersedes all other agreements, whether written or oral, between the parties with respect to
the subject matter hereof.
C. Each party agrees that when electronic communications are used, they are the equivalent of
written and signed documents.
D. This Agreement shall be governed by and construed in accordance with the laws of the State
of Minnesota. The parties agree that jurisdiction for the purpose of all issues of law, fact, or
equity arising out of this Agreement, or any additions, amendments, or supplements thereto
shall be in the state or federal courts located in the State of Minnesota only and venue for the
purpose of such proceedings shall be in Hennepin County, Minnesota.
E. Seller shall not be liable for any delays in the delivery of item(s) or service(s), due in whole
or in part, directly or indirectly, to fire, act of God, strike, shortage of raw materials, supplies or
components, retooling, upgrading of technology, delays of carriers, viruses or electronic
sabotage, failure of software or telecommunications infrastructure, embargo, government order
or directive, or any other circumstance beyond Seller's reasonable control. Purchaser agrees that
Seller shall not be liable for any direct, indirect, consequential, or special damages that may
result from any such delays.
F. Title to each item shall pass to Purchaser when Purchaser has made full payment of the
purchase price for all items ordered. However, as collateral security for the payments required
to be made by Purchaser pursuant to this Agreement, Seller hereby retains a security interest in
all of the items to which this Agreement pertains. Purchaser agrees to execute and deliver all
financing statements and other instruments and documents as Seller deems necessary to
complete, perfect or continue its security interest. This security interest shall terminate at such
time as all payments required to be made by Purchaser to Seller under this Agreement pertains
to have been made. Seller shall have the right, but not the obligation, to terminate this
Agreement and /or repossess the items (without liability to Seller for damages arising from such
termination or repossession) for (a) Purchaser's failure to pay any and all amounts due or to
perform any of its other oblilgations under the terms and conditions of this Agreement, (b) the
making by Purchaser of any general arrangement for the benefit of creditors or (c) the
bankruptcy of Purchaser or filing of any bankruptcy petition by or against Purchaser.
Date: 8/31;2016
Xerox Ref# 7955a
ACS Enterprise Solutions, LLC
130 Division Street
Waite Park, MN 56387
Phone 800 - 800 -8235
Fax 320 - 255-49R6 -„ -.
'c
Gity of Columbia Heights
Joseph Kloiber
590 401h Avenue NE
Columbia Heights, MN 55421
763.706.3600
- Fax
heights.mn.us
Taxes are not included.
Shipping and Travel costs are estimated above and will be billed at actual incurred costs.
Signed maintenance quotes received on or after the maintenance expiration date could be subject to additional fees and penalties.
Travel is an estimated amount and it includes a charge of $65 per hour for travel time.
Signing below confirms your order and that you have read and agree with the terms and conditions on page 2.
Customer Signature Date
ACS Enterprise Solutions, LLC signature Date
Please fax signed quote to 320 - 255 -9986 - Attn: Front Desk
Page 1 of 2
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