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Home My WebLink About5350Contract Number: Vendor. Sub�ect: Department: File Class. Begin Date: End Date: Review Date: Vault Date: 5350 TREBRON COMPANY INC Barracuda Backup 690 IT LEG 12-1 12/20/2013 12/19/2018 8/1/2018 2018 Comments: � Tr� ro n --- COMPANY INC Buyer• City of Bremerton Madmg 345 6' Street Swte 600 Address Bremerton, WA 98337-1873 www trebron com xrrro�� Date October 25, 2013 Trebron Account Executrve Trebron Company, Inc Telephone Telephone Telephone• Emad Scott Gnffin 5506 35� Ave N E Seattle, WA 98105 360-275-9100 Direct 206-527-3477 Corporate 800-499-3079 Toll Free sgn�n an.trebron com Purchase Agreement 5 Years — With Unlimited Cloud The Parties hereto, Buyer, City of Bremerton and Seller, Trebron Company, Inc hereby agree as follows 1 Description Buyer agrees to purchase from Seller, "ProducY' as listed in the table below for $41,514 00 (Forty One Thousand Five Hundred Fourteen United States Dollars and 00/100), plus applicable shipping costs & sales tax, unless Buyer is exempt from the payment of such tax and rovides Seller with evidence of such exem tion Qty Included Components Term Total Price Users Months $USD 1 Barracuda Backu 690 A liance - $9,000 00 1 Barracuda Backu 690 Su ort Bundle for 3 Years 60 $14,398 00 1 Barracuda Backu 690 Unlimited Cloud for 3 Years 60 $18,116 00 2 Payment To be made to Seller in three annual installments The first payment of $19,838 00 is due on or before January 1, 2014 The second payment of $10,838 00 is due on or before January 1, 2015 The third and final payment of $10,838 00 is due on or before January 1, 2016 Payment Terms are net thirty (30) days All payments shall be by check made payable to Trebron Company, Inc at the address listed above 3 Term Buyer's license for the product expires on approx 11-30-2018 (5 years) 4 Representations Buyer understands that Seller is a reseller of hardware and software products Buyer acknowledges that it has not relied on any representations by Seller and has mdependently investigated the products and determined the suitabdity of the products for Buyer's intended purposes 5 Warranty Seller shall pass through to Buyer any onginal manufacturers' warranties for Product acqwred by Seller for Buyer, includmg Licensor's warranties for Product Except for the foregomg, Seller shall deliver the Product "as is" and Seller makes no other warranty, express or implied, including any warranty of inerchantabdity or fitness for a particular purpose 6 Lim�tation of Liabdity Under no circumstances wdl Seller be liable for any incidental, indirect, special or consequential damages from Buyer or any third party, including damages for lost revenue, profits, data or use even if Seller has been advised of the possibdity of such damages In no event shall Seller's entire liabdity under this agreement exceed the pnce of the products under this Agreement 7 Indemmfication Buyer shall defend, mdemrnfy and hold harmless Seller, iYs employees and agents from and agamst all damages, claims and liabdities of every nature whatsoever, including, but not limited to, reasonable legal expenses, arising in connection with or out of the improper or unauthorized operation use or repair of the products furnished to Buyer 8 Late Fees Late payments shall accrue interest beginning from the payment date at a rate of eighteen percent (18%) per annum, or at the maximum allowable legal rate whichever is lower In the event that any payment or amount owed is more than rnnety (90) days past due, m addition to accrued fees and costs, Seller may declare the entire amount due and owing Buyer's fadure to pay under this agreement may result m termmation of Buyer's software license Seattle, WA (Corporate) 5506 35"' Ave NE, Seattle, WA 98105 � Office (206) 527-3477 � Fax (206) 527-4288 Spokane, WA O�ce (800) 499-3079 � Fax (206) 527-4288 Spnngfield, MO O�ce (417) 473-9199 � Fax (206) 527-4288 Page 1 of 2 9. Cwunladon:Onus Seller has accepted Buyer's order Buyer cannot cancel the agreement,In whole or in part, without Seller's express written consent. Such cancellation is conditioned upon Buyers reimbursement to seller for ad costs Incurred by Seller in connection with the order up to the time of cancellation Indudfrg,but not limited to,Sellers cost for cancellation. 10. Attorneys'Fees:In the evsnt any cost or expense.b uluding ressonsble attorney's fees('Caste')are Incurred In the enforcement of this Agreement. the prevailing party shall be entitled. In addition to damages.to reimbursement ford such Costs. 11. GovernOno Low:This Agrsement shd be construed and interpreted In acoordernce with the lows of the State of Washir gton. Venue for any and all actions strati be in the state of or federal courts.K ft County.Washington. 12. Software:Buyer will rite all software Boom provisions of Product directly with the Licensor. 13. Miscellaneous:This Agreement must be executed on or before 10-31-13 or It becornes void. 14. Wahror: The waterer of any breach of any provision of #6 Agreement shall not operate or be construed as a waiver of any subsequent breach and shall be effective only y in wri ft 16. SeveraNkr If any provision of this Agreement is deemed Invalid or unenforceable. the other provisions of this Agreement shall remain In full force and effort 18. Enths Agreement:This Agreement constitutes the entire Agreement of tho parties and may not be emended or superseded except in writing signed by the parties. Date:_(2 Z b- l;7 nate• /Z—yo—/3 Yrebron Can any,I' City of Brum toff stgnea,re signature Norbect van Dam to, Printed Name PAn �,/ President /rf fit Title Title MuM be s1WW by en aMhorbod represofdW e of Buys► BURng irdbnnsdon: Do you aooept invoices vis E4nd?Y❑N❑ Accounts Payable Conted(teleses grist) E-mail Phone Pop 2 of 2