Quote Date: 4/4/2024
Quote Valid for 60 Days
Lori Blan SPS VAR
SPS VAR P.O. Box 8869
Office (770) 216-4462
Atlanta, GA 31106
[email protected] www.SPSVAR.com
SPS VAR
Proposal
For
City of Camarillo
LaserVault Virtual Tape Solution
These prices are for your information only and are subject to change without notice. Tax not included. 1 Quote Date: 4/4/2024
Quote Valid for 60 Days
The capability to backup your iSeries to disk using a SAS or Fiber connection Stores each backup as a file on a local or network attached disk array that can be copied for offsite backup or restored to the iSeries qu ickly All you need is an iSeries, a Windows-based backup server and LaserVault Software LaserVault Virtual Tape Library server with 23,500.00 $ Tape Emulation Software, encryption and compression
Specifications:
1U Rack-mount Server
Windows Server 2019
4TB Operational Flash Storage
12Gb SAS Host Adapter
3-Year LaserVault Solution Support - HW & SW 9,900.00 $ Remote Installation Services and Knowledge Transfer
1,250.00 $
SPS VAR Solution Total 34,650.00$
These prices are for your information only and are subject to change without notice. Tax not included. 2 SPS VAR Product Agreement
Description Qty Unit Price Amount
1 $ 34,650.00 $ 34,650.00
$ 34,650.00
Agreed to:
Agreement Number: 2024040401LBB
Order Description
Machine/Program
City of Camarillo
601 Carmen Drive
Camarillo, CA 93010
SPS VAR (We) agree to supply equipment (Machines) and software (Programs)to Customer (You) and to make available the manufacturer’s software services subscriptions (Subscriptions) to youunder the terms of this Agreement and upon receipt of a $ 0 down payment. Collectively, Machines and Programs are referred to as Products.
The price for all Products is shown below. Unless you request otherwise and pay the corresponding charges, all Products are shipped via normal ground transportation. You agree to pay the total priceof all Products, shippingcharges, applicable sales taxes and the price for the Subscriptions.
This Order Description and the Additional Terms on page 2 form our completeagreement (the “Agreement”) regarding these Products and the Subscriptions and replace any prior oral or written communication between us. In addition, this Agreement takes precedence over any purchase order that you issue for these Products or Subscriptions. By signing below, both of us agree to these terms.
3-Year LaserVault Solution Support - HW & SW
Total Price Excluding Shipping Charges and Sales Taxes:
Remote Installation Services and Knowledge Transfer
Date: ____ / _____ /_____
Title: _______________________________
Name: (Print) ________________________
Authorized signature
By: ________________________________
Agreed to:
SPS VAR
P. O Box 8869
Atlanta, GA 31106
By: ________________________________
Authorized signature
Name: (Print) ________________________
Title: _______________________________
Date: ____ / _____ /_____
LaserVault Virtual Tape Solution
LaserVault Virtual Tape Library server with
Tape Emulation Software, encryption and compression
Specifications:
1U Rack-mount Server
Windows Server 2019
4TB Operational Flash Storage
12Gb SAS Host Adapter
Tom Lewis
President
Greg Ramirez
City Manager
04 / 18 / 2024
Warranty
Agreement Number: 2024040401LBB
Disputes
The laws of the State of Georgia govern this Agreement. Any controversy or claim rising out of or relating to this Agreement, or the breach of this Agreement, shall be settled by binding arbitration in accordance with therules of the American Arbitration Association at a hearing in Atlanta, Georgia. A judgment of a court having jurisdiction may be entered upon the arbitrator’s award. The prevailing party, in addition to all other sums to which it maybe entitled, is entitled to recover from the other party the reasonable expenses (including attorney fees) relevant to the claim.
Payment and Assignment
You agree to pay applicable sales taxes or supply exemption documentation. You are responsible forpersonal property taxes forall Products from the date they are shipped to you.
If you fail to pay the Invoice Amount, including late payment charges, thenwe may remove and repossess the Machine without notice or demand, and we may request the manufacturer to cancel the Program license or Subscription.
All warranties with regard to the Products or the Subscriptions are provided directly by the manufacturer to you. We warrant only that we are authorized to supply Products and the Subscriptions.THESE WARRANTIES ARE YOUR EXCLUSIVE WARRANTIES AND WE MAKE NO OTHER WARRANTIES
OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIEDWARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. We do not warrant uninterrupted or error-free operation of any Product.
Limitation of Liability
If you are entitled to recover damages from us, in each instance, regardless of the basis on which damages can be claimed, we are liable only for actual damages caused by a Product in an amount no greater than the price you have paid for the Product that is the subject of the claim.Under no circumstances are we responsible for (a) loss of, or damage to, your programs, records or data; or (b) special, incidental, consequential or other indirect damages (including lost profits or savings), even if we are informed of their possibility.
We invoice the Products when they are shipped. We invoice Subscriptions when they are processed. We will apply your down payment to the invoice amount (the “Invoice Amount”), which will include the price of Products plus shipping charges and applicable sales taxes and the price for the Subscription. The balance of the Invoice Amount is due within 30 days of the invoice date. Amounts past due will be assessed a late payment charge of 2.% per month, which you agree to pay.
Alternatively, you may assign your obligation to pay the Invoice Amount tothe IBM Credit Corporation (ICC). You agree to sign an ICC Certificate of Acceptance, accepting Products within 10 days of their delivery and accepting the Subscriptions. The ICC Certificate of Acceptance constitutes payment to us of the Invoice Amount. We will return your down payment, net of any cancellation or return charges, when we receive payment from ICC. Other than this express permission, you may not assign, or otherwise transfer, this Agreement or your rights under it, or delegate your obligations, without our prior written consent. Any attempt to do so is void.
Title and License
We transfer title to Machines to you when we (a) receive the total Invoice Amount due and (b) you return any removed parts that become our property during a feature or model upgrade. The application, use and other aspects of the Programs and the Subscriptionsare solely governed by the terms and conditions of the applicable agreement between you and the manufacturer.
Additional Terms
Order, Delivery and Installation
This is a custom order. If you cancelan order for Products within 10 business days prior to their shipment date, then you agree to pay any costs we incur for such cancellation, including cancellation charges we are assessed byour suppliers. However, you may not cancel an order after the Products have been shipped, and you may not cancel an order for Subscriptions after they have begun.
We bear the risk of loss for each Productuntil it is delivered to you. Thereafter, you assume the risk of loss. You must install all Programs and you must install Machines designated as Customer-set-up by the manufacturer. The manufacturer will install all other Machines.
Within 10 business days of their delivery, you may return any Products thatare defective on arrival and cannot be installed. Otherwise, if you wish to return any Products which are not defective and have never been installed,then you must first obtain our written consent and agree to pay any return charges we are assessed by our suppliers. Some Products may not be returnable. Following their installation, you may only return the Products under the provisions of the manufacturer’s warranty.