HomeMy WebLinkAbout20081605.tiff Emergency Response Product Agreement
Dell Marketing L.P. I"Dell") will provide Dell hardware products' and related software and documentation (collectively,
"Products")to the Customer named below("Customer"). This Agreement is for the purchase or loan of Products,in the United
States, during times of weather emergencies, regional disasters or national emergencies which might hinder Customer from
purchasing or acquiring products by other standard means.Effective Date.This Agreement is effective when signed by Customer
and returned to Dell as set forth below.
• Loan Program.During this Agreement Customer may contact its Dell sales representative to request the opportunity to obtain
Products under the Loan Program. Upon acceptance of Customer's request Dell will ship the requested Products to
Customer.Customer should contact its sales representative before the end of the Loan Period to either arrange for the return
or purchase of the Products.Customer may purchase Products by issuing a purchase order under or any existing applicable
contract between Dell and Customer or pursuant to Section 3.0 of this Agreement.
Loan Period.The Loan Period begins five days after shipment of the Products from Dell's facility.Unless otherwise agreed in
writing between Dell and Customer,the Loan Period shall be 90 days for Products.
Purchase.During this Agreement Customer may contact Dell sales representatives to request the opportunity to purchase
Products during times of weather emergencies, regional disasters or national emergencies which hinder Customer from
purchasing products by other standard means,including submission of a formal Purchase Order("PD").In lieu of a formal PO
Customer agrees to provide Dell the information necessary to facilitate the placement of Product order and shipment.Upon
acceptance of Customer's request Dell will ship the requested Products to Customer. If Customer has an existing contract
with Dell for the purchase of Products,the terms and conditions of that contract shall govern Customer's purchase of the
Products.If the Customer does not have a separately executed purchase agreement with Dell,then this Agreement and Dell's
standard terms and conditions of sale shall govern the purchase of the Products.The Dell standard terms and conditions of
sale are incorporated herein by reference,and are located at as,,. ,,I _
Condition of Returned Products: Shiooina. If Customer chooses to return the Products it obtained pursuant to the Loan
Program,it will return them in good condition,reasonable wear and tear excepted,within ten days after the end of the Loan
Period.Dell will pay shipping charges to and from its(Customers or Dell's)location,provided Customer allows Dell to choose
the carrier.If the Products are not returned to Dell on time and in good condition,Customer agrees to pay the purchase price
within 30 days from the end of the Loan Period.
Export Prohibited.Any Product being loaned or purchased under this Agreement must remain in the United States. If at the
end of the Loan Period,Customer elects to purchase the product,Customer acknowledges that any product received under
this Agreement is subject to the customs and export control laws and regulations of the United States("U.S.")and may also
be subject to the customs and export laws and regulations of the country in which the product is manufactured and/or
received. Customer acknowledges that it is its sole responsibility to comply with and abide by those laws and regulations.
Further,under U.S.law,any product being loaned or purchased under this Agreement may not be sold,leased or otherwise
transferred to restricted countries or utilized by restricted end-users or an end-user engaged in activities related to weapons
of mass destruction,including without limitation, activities related to the design, development,production or use of nuclear
weapons,materials,or facilities,missiles or the support of missile projects,and chemical or biological weapons.Customer
agrees not to provide any written regulatory certifications or notifications on behalf of Dell.
• Term of Agreement The term of this Agreement shall be one(1)year beginning on the Effective Date.This Agreement will
automatically renew for consecutive additional one II)year terms,unless otherwise terminated pursuant to this Agreement.
• Thirty Day No Cause Termination:Either Party may terminate this Agreement without cause upon at least thirty 130)days prior
written notice to the other Party.
Miscellaneous,Customer will not transfer or assign this Agreement or the Products,or in any way encumber the Products,
during the Loan Period.This Agreement is the exclusive statement of the parties'agreement regarding this subject matter.
RETURN COMPLETE SIGNED AGREEMENT TO DELL.
VIA FAX:To your Sales Rep:... at(512)
Saba Rap Nam.
•
Weld County, Colorado
• Williamwlit 4- 0I1t, Chair Chair, Board of County Commissior U
Excludes EMC,all
3p(party products and other Items as Dell may Identify from time to time.
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2008-1605
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Donna Bechler
From: Monica Mika
Sent: Monday, June 02, 2008 8:57 AM
To: Esther Gesick
Cc: Donna Bechler
Subject: FW: Emergency Response Doc
Attachments: Emergency Response.pdf
it
Emergency
?sponse.pdf(90 KB)
This is the contract we have been waiting for. We need to schedule for the
Board. Thanks. . .
Original Message
From: Kim Jerome
Sent: Monday, June 02, 2008 8:33 AM
To: Monica Mika
Cc: Anita Scrams
Subject: FW: Emergency Response Doc
Hi, Monica -
Attached is the Dell Emergency Response document with a signature.
Let me know if you need anything further.
Thanks!
Kim Jerome
ACS/Weld County
Technical Director
970.304.6570 x2556
Original Message
From: David_Pierce@Dell.com [mailto:David Pierce@Dell.com]
Sent: Thursday, May 29, 2008 7:57 AM
To: Kim Jerome
Cc: KariEdgar@Dell.com
Subject: Emergency Response Doc
Hi Kim,
Kari asked me to forward this to you for signing.
«Emergency Response.pdf»
Regards,
David J Pierce
BSc CEng MIET MIEEE MBCS MCSE VCP VSP
Systems Consultant
Dell Advanced Solutions Group
Phone: +1-970-215-2342
How am I doing? Please contact my manager, Tag Cummings
(Tag_Cummings@dell.com) with any feedback.
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