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HomeMy WebLinkAbout6121TREBRON C.i,JMIDANY INC. Buyer: City of Bremerton Mailing 345 6th Street Suite 600 Address: Bremerton, WA 98337-1873 Date: September 8, 2017 Trebron Account Executive Trebron Company, Inc. Purchase Agreement 3 Years Scott Griffin 5506 35"' Ave. N.E. Seattle, WA 98105 206-527-3477 Corporate 360-275-9100 Mobile sgriffina-trebron.com The Parties hereto, "Buyer," City of Bremerton and "Seller," Trebron Company, Inc. hereby agree as follows: 1. Description: Buyer agrees to purchase from Seller, "Product" as listed in the table below for $14,664.00 (Fourteen Thousand Six Hundred Sixty Four United States Dollars and 00/100), plus applicable shipping costs and sales tax, n....__ :_ ...... f- i,-- 0— nwmon+ of QI Ir-h tav nnri nrnvirieG Seller with evidence of such exemption. UIIIUJ Qty -- DU QI IO VAVII1 L Ivi II %I— a ­­ -I. .,... , --..- . -- -- -- Included Components Term Total Price Users Months $USD 225 So hos Central Mobile Advanced - Government 36 $14,664.00 2. Payment: To be made to Seller in three annual Installments of zK?388.00 each. The first payment Is due on or before October 31, 2017. The second payment is due on or before October 31, 2018. The third and final payment is due on or before October 31, 2019. Payment Terms are net thirty (30) days from date of invoice. 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 approximately 9/30/2020 (3 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 independently investigated the products and determined the suitability of the products for Buyer's intended purposes. 5. Warranty: Seller shall pass through to Buyer any original manufacturers' warranties for Product acquired by Seller for Buyer, including Licensor's warranties for Product. Except for the foregoing, Seller shall deliver the Product "as is" and Seller makes no other warranty, express or implied, including any warranty of merchantability or fitness for a particular purpose. 6. Limitation of Liability: Under no circumstances will 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 possibility of such damages. In no event shall Seller's entire liability under this agreement exceed the price of the products under this Agreement. 7. Indemnification: Buyer shall defend, indemnify and hold harmless Seller, its employees and its agents from and against all damages, claims and liabilities 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 due date at a rate of eighteen percent (18%) per annum or the maximum allowable legal rate whichever is lower. In the event that any payment or amount owed is more than ninety (90) days past due, Seller may declare the entire amount due and owing in addition to accrued fees and costs. Buyer's failure to pay under this agreement may result in termination of Buyer's software license. 9. Cancellation: Once 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 Buyer's reimbursement to Seller for all costs incurred by Seller in connection with the order up to the time of cancellation —including, but not limited to Seller's cost for cancellation. 10. Attorney's Fees: In the event any cost or expense, including reasonable attorney's fees ("Costs") are incurred in the enforcement of this Agreement, the prevailing party shall be entitled to reimbursement for all such Costs in addition to damages. 11. Governing Law: This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. Venue for any and all actions shall be in the state or federal courts of King County, Washington. Seattle, WA (Corporate) 5506 35t' Ave NE, Seattle, WA 98105 1 Office (206) 527-3477 1 Fax (206) 527-4288 Springfield, MO Office (417) 473-9199 1 Fax (206) 527-4288 Page 1 of 2 12. Software: Buyer will negotiate all software license provisions of Product directly with the Licensor. 13. Miscellaneous: This Agreement must be executed on or before 10/9/2017 or it becomes void. 14. Waiver: The waiver of any breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach and shall be effective only if presented in writing. 15. Severability: If any provision of this Agreement is deemed invalid or unenforceable, all other provisions of this Agreement shall remain in full force and effect. 16. Entire Agreement: This Agreement constitutes the entire Agreement of the parties and may not be amended or superseded except in writing with execution by both parties. City of Bre IT Direct r Signatu�re Ar�ll'I Printed Name Title i // L/il Date Trebron Company, Inc. Business Office Signature - Required Printed Name Title Date Must be signed by an authorized representative of Buyer Billing Information Do you accept invoices via Email? A N ❑ Signature Accounts Payable Contact Norbert van Dam Printed Name President Title Date Email Address Phone Page 2 of 2 TREBRON 3 September 8, 2017 Trebron Company, Inc. 5506 35th Ave. N.E. Seattle, WA 98105 Attn: Scott Griffin: 360-275-9100 (Mobile) Main Office: 206-527-3477 / 800-499-3079 sgriffin(a-)-trebron.com Billed to: City of Bremerton 345 6th Street Suite 600 Bremerton, WA 98337-1873 Attn' Kevin Matthew: 360-473-5473 kevin.matthewCaD-ci.bremerton wa us Quote Number Quote Valid Until Payment Terms 09082017-SPG 10-9-2017 Special Trebron Payment Plan / Net 30 Proposed 3 Year Pricing Qty Included Components Term Total Price Users Months $USD 225 Sophos Central Mobile Advanced — Government 36 $14,664.00 Total (Excluding tax and shipping as applicable): $14,664.00 Special Trebron Payment Plan lff Payment 1 Due October 31, 2017 $4,888.00 o^ Payment 2 Due October 31, 2018 $4,888.00 d Payment 3 Due October 31, 2019 $4,888.00 Notes: • Licenses - granted pursuant to the terms of the Sophos End User License Agreement (EULA) Order Confirmation: Please sign and fax to (206-527-4288) or email to your Trebron Account Executive. I understand that by signing this Purchase Order/Quote confirmation I agree to the following: • I am authorized by the "billed to" party to purchase the item listed above. • All information is accurate with regard to price, description, quantity and billing address. • The "billed to" party agrees to pay the invoice in accordance with terms of Net 30. • Late Charges will be billed after 30 days at 18% rate of interest including, but not limited to legal fees to collect. • Product licenses provide rights to utilize the aforementioned software to a maximum of the quoted quantity. • This quote shall in no way be construed as creating an obligation on the part of Sophos, but rather indicates a right and intent to enter into an agreement with the "billed to" party described above. • To take advantage of the Trebron Payment Plan a "Trebron Purchase Agreement" will also need to be signed. M�C.Authorized Signature: Print name: Purchase Order #: kr; Date: 5112—' 17 Title: 1 A1A4,t'X, Ship to address same as Billed to? Yes ❑ No Ship to Address: 3�lC�� 1`� ftCfr,�✓ (�/� Seattle, WA (Corporate) 5506 35" Ave NE, Seattle, WA 98105 i Office (206) 527-3477 i Fax (206) 527-4288 Springfield, MO Office (417) 473-9199 1 Fax (206) 527-4288