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HomeMy WebLinkAboutSophos Platinum PartnerTREBRON P/ N V i N c:v Buyer: Mason County Support Services Mailing 411 N. 5th St. Address: Shelton WA 98584 Date: March 15, 2018 Trebron Account Executive: Scott Griffin Trebron Company, Inc. 5506 35'h Ave. N.E. Seattle, WA 98105 206-527-3477 Corporate 360-275-9100 Mobile sgpffin(trebron,coat Purchase Agreement The Parties hereto, "Buyer," Mason County Support Services 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 $19,800.00 (Nineteen Thousand Eight Hundred United States Dollars and 00/100), plus applicable shipping costs and sales tax, unless Buyer is exempt from the payment of such tax and provides Seller with evidence of such exemption. Qty (Users) Included Components Term (Months) Total Price ($USD) 425 Sophos Enduser Protection and Mail — Government — Renewal 48 $19,800.00 70 Sophos Mobile Advanced — Government — Renewal 48 Included 425 Sophos Central Phish Threat 24 Included 2. Payment: To be made to Seller in four annual installments of $4,950.00 each. The first payment is due on or before July 31, 2018. The second payment is due on or before July 31, 2019. The third payment is due on or before July 31, 2020. The fourth and final payment is due on or before July 31, 2021. 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 3/12/2022 (4 years). Sophos Phish Threat expires approximately 3/12/2020 (2 year). 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. Seattle, WA (Corporate) 5506 35' Ave NE, Seattle, WA 98105 Office (206) 527-3477 1 Fax (206) 527-4288 Springfield, MO Office (417) 473-9199 1 Fax (206) 527-4288 Page 1 of 2 10. Atbzrney'a Fees: In the event any cost or expense, including romaonabkeattonney'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 todamages, 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. 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 4/13/2018 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. SevmrabiYib/: If any provision of this Agreement is deemed invalid or unenforceab|e, all other provisions of this Agreement shall remain in full force and effect, 10. Entire Agreement: This Agreement constitutes the entire Agreement of the parties and may not be amended or superseded except |nwriting with execution byboth parties. Mason County Support Services / IT Director ne PJ( "` 8 Printed Name m 7FreKnron Company,� Inc. 8|qhahuns-Required - Printed Name ��/ve` 't�»l. r~ Title Must be signed by an authorized representative Billing Information Cmyou accept invoices via Email? YO NO Signature "'- Accounts Payable Contact Norbert van Dam Printed Name Email Address President Title Phone Page 2 of 2