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HomeMy WebLinkAboutContracts & Agreements_170-2017_ TREBRQN /� SOPHOS _ --_ www trebron.com Platinum f' rt►rcr Date* August 23, 2017 Buyer City of Redlands Police Department Trebron Account Executive Enc Peters Trebron Company, Inc 5506 351h Ave N E Seattle, WA 98105 Mailing P O Box 1025 Telephone 206 527 3477 Corporate Address Redlands CA 92373-0304 Telephone 800-499 3079 Toll Free Entail a eters@trebron.corn Purchase Agreement The Parties hereto, Buyer, City of Redlands Police Department 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 $11,280 00 (Eleven Thousand Two Hundred Eighty United States Dollars and 001100), plus applicable shipping costs & sales tax, unless Buyer is exempt from the payment of such tax and provides Seller with evidence of such exemption Qty Included Components Term Total Price Users Months $USC 150 So has rotection Advanced 60 $11 280 00 - Trebron Remote Professional Services — 2 Hours - No Cost 2 Pavrnent To be made to Seller in five annual installments of $2,256 00 each The first payment is due on or before September 30, 2017 The second payment is due on or before September 30 2018 The third payment is due on or before September 30, 2019 The fourth payment is due on or before September 30 2020 The fifth and final payment is due on or before September 30, 2021 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 08 29-22 (60 Months) 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 thrpugh 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, it's employees and 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 date at a rate of eighteen percent (IB%) per annum, or at 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 in addition to accrued fees and costs, Seller may declare the entire amount due and owing Buyers 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 Attorneys' Fees- In the event any cost or expense, including reasonable attomey's fees ("Costs") are incurred in the enforcement of this Agreement, the prevailing party shall be entified, in addition to damages, to reimbursement for all such Costs Seattle WA (Corporate) 5506 351 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 overning 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 of or federal courts, King County, Washington 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 7 30-17 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 in writing 15 Severability If any provision of this Agreement is deemed invalid or unenforceable, the other provisions of this Agreement shall remain in full force and effect 16 Enure Agreement. This Agreement constitutes the entire Agreement of the parties and may not be amended or superseded except in writing signed by the parties City. of Redlands nrique MylinL621C6 I Man er Garcia, Management Svcs /Finance Dii Printed NamEO Printed Name City Manager Management Services/Finance Director Title Title Date Date ATTEST Must be signed by an authorized representative of Buyer J ne Donaldson, City Clerk Trebron Company, Inc. Billing Information Signature �.=-� Do you accept invoices via Email'? Yes X N is Norbert van Dam Misty Castellanos Printed Name Accounts Payable Contact President mcastellanos®cityotredlands org Title Q Email Address 909 79B-7542 Date Phone Page 2 of 2