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Home My WebLink About2018-2900ISG 2018 -2900 Sales Quote SOLD BY SOLD TO TSG Server & Storage City of Columbia Heights 10 Second Street NE, Suite 214 590 40th Ave NE Minneapolis, MN 55413 Columbia Heights, MN 55421 3580 Hfi5 IBM Ext[emal LT06 Tape Drive Attention: Joseph Kloiber Phone: (612)465 -0802 Phone: (763) 706 -3627 Fax: (612) 465 -0823 Fax: ( ) - Machine Type Model Serra' Number Start Description Date End Date Qty [Price Extended Price 9009 41A IBM P9 4Care Racked Serves 1.00 5770 553 - [BM P9 System Software i 73 1.00 $13,500.00 $13,500.00 $5,500.00 85,500.00 3580 Hfi5 IBM Ext[emal LT06 Tape Drive C� 1.00 $2,500.00 F $2,500..00 F SPX2200RT; ��- Palverware SPX 2200 UPS wj Relay Card, Comm Cable 8 5 Yr Wry 1.00 $2,850.00 $2,850.00 A� 5773 7GY7C �- 'BM 3 Year Software Maintenance - 29x7 (P9) !!� � 1.00 $635.00 $635.00 90093580 3YRHWMA IBM 3 Year 24.7 Hardware Maintenance - 24x7 (P9, 3580) 1.00 $2,050.00 F 7 $2,050.00 MEDIA �� IBM LTO Media - (10 LTOS Data Cartridges) 1.00 $225.00 $225.00 FRMVU AdualSHourseWorked wlol be Invollced Separaltely Upon Project Completion) on) 7.3 (Only too $5,800.00 $5,800.00 Terms: Customer P.O.: Project #: Net 30 2018 -0787 Subtotal: $33,060.00 Tax Rate: 0.000°/% Tax Amount: $0.00 Grand Total: $33,060.00 This Sales Quote and the purchase of the Item(s) /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: Marty Ward Title: Account Executive Date: 12/04/2018 2018 -0787 Accepted by City of Columbia Heig Signed By: Name: Walt Fehst Title: City Manager Date: 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 Seller 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 (S) 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 OR OTHERWISE, INCLUDING, 2018-0787 WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, INFRINGEMENT AND FITNESS FOR PARTICULAR USE. In no event shall Seller 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. S. 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 items) 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 obligations 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-