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Office of Procurement

Sun Workstations & Equipment, 08-2111

University of Wisconsin System - Office of Procurement
780 Regent Street, Rm. 145
Madison, Wisconsin 53715

CONTRACT NO. 08-2111B

NIGP CODE: 204-53, 204-54, 204-55

DATE: July 18, 2008

SERVICE: Sun Products and Services for the University of Wisconsin System

CONTRACT TERM:

July 1, 2008 through June 30, 2009 with two (2) automatic one-year extension options

REFERENCE: Request for Bid #LT-08-2111

Piggybacking Form

VENDOR:

Sun Microsystems, Inc.
Two Pierce Road, #1700
Itasca, IL 60143

SUN AUTHORIZED RESELLERS:

Agilisys, Inc.
1001 Warrenville Road; Suite 200;
Lisle IL 60532

CDWG
230 N Milwaukee Ave
Vernon Hills, IL 60061

Collier Computing
2310 County Road D W,
Roseville MN 55113

CONTACTS:

Sun Microsystems, Inc.:
Anna Faybysh, Account Manager
Phone: (877) 300-8986
Fax: (877) 300-8986
E-Mail: Anna.Faybysh@sun.com

Agilisys, Inc.
Bob Roessler Account Executive
Phone:414.333.3107
Fax: 630-604-9367
E-Mail: Bob.Roessler@agilysys.com

CDWG
Sonjay Punwani
Phone: 877-837-9679
Fax: 312-705-3276
E-Mail: sonjayandmatt@cdwg.com

Collier Computing
Dave Johnson, Director of Sales
Phone:651.631.2325
Fax: (651)631-2363
E-Mail:djohnson@colliercomputing.com

TERMS OF CONTRACT:

This contract incorporates the following documents in the following order:

Contract #08-2111 cover page with Cancellation Terms and Discounts
Sun Microsystems, Inc. General Terms dated 6/7/08 (Attachment I)
Sun Microsystems, Inc. Purchasing Exhibit dated 5/30/08 (Attachment II)

In the event of any inconsistency between the elements of this Agreement the above order of precedence will apply.

PRICES:

Applicable discounts are applied to Sun's then current US Price List. The Sun price list is available on the web at http://store.sun.com although it is very large and changes dynamically. It may be best to contact the vendor directly.

DELIVERY: 21 days ARO

F.O.B.: Destination, Prepay and Add

VISA CARD:

Sun Microsystems - Yes

Agilisys – Yes

CDWG - Yes

Collier Computing - Yes

TERMS AND CONDITIONS

PURCHASING:

All Products and Services purchased under this Agreement are subject to the terms and conditions of this contract. As it concerns the Sun General Terms and Purchasing Exhibit the term “Company” shall apply to all Eligible Users (see definition below).

CANCELLATIONS:

This contract may be terminated by either party for the following reasons:

Shall either party fail to perform under the material terms of this contract, the aggrieved party may notify the other party in writing via certified mail of such failure and demand that the same be remedied within 30 calendar days. Should the defaulting party fail to remedy the same with said period, the other party shall then have the right to terminate this contract by giving the other party 30 calendar days written notice. Performance failure can be defined as but not limited to: failure to provide any of the material conditions of the special conditions of bid.

Failure to maintain the required Insurance, permits, or licenses shall be cause for contract termination. If the contractor fails to maintain and keep in force the insurance as provided in this document, the University has the right to cancel and terminate the contract without notice.

If at any time a petition in bankruptcy shall be filed against the contractor and such petition is not dismissed within 90 calendar days, or if a receiver or trustee of contractor’s property is appointed and such appointment is not vacated within 90 calendar days, the University has the right, in addition to any other rights of whatsoever nature that it may have at law or inequity, to terminate the contract by giving 90 calendar days notice in writing of such termination.

RETURNS:

Sun Microsystems - Sun’s policy is that all sales are final. However, returns are approved on a case by case basis. In the event that Sun has made an error, they will take the necessary measures to rectify the discrepancy. All shipment discrepancies should be reported within 30 days of shipment. Any shipment over 30 days, over $10K or the result of a customer error, require Area Finance approval. If approved as an exception, a restocking fee of 10-25% may apply.

Resellers? - Return of products in unopened, original packaging will be accepted within 30 calendar days. After 30 days, above may apply.

INSTALLATIONS:

Installation will be provided when desired. Please contact vendor for pricing.

WARRANTY:

Warranty information are all standard and are included with product documentation and specific warranty information is also available at
http://www.sun.com/service/warrantiescontracts/

SUPPORT:

The customer has an option to submit a service request either via the phone (800/USA-4SUN) or via Sun On-Line Support Center . In both cases, the customer will be provided a Case ID #. Depending on the level of service contract or if it is a warranty request, the call will be returned within up to 8 hours (the same or next business day).

Different levels of support description (Silver, Gold, Platinum) is available at http://www.sun.com/service/support/sunspectrum/

The SunSpectrum guide is located at:
http://www.sun.com/service/support/sunspectrum/guide/review.html

Software Support options are available at:
http://www.sun.com/service/support/software

ELIGIBLE USERS:

UW Campuses, State Agencies and Municipalities

For further information contact:
Lori Taylor
UW System Office of Procurement
Telephone: 608/263-4380

IN WITNESS WHEREOF THE DULY AUTHORIZED REPRESENTATIVES OF THE PARTIES HAVE EXECUTED THESE GENERAL TERMS AS OF THE EFFECTIVE DATE.
	SUN MICROSYSTEMS, INC.		STATE OF WISCONSIN UNIVERSITY OF WISCONSIN SYSTEM
BY:		BY:
NAME:	Tom Lockman	NAME:
TITLE:	Area Executive	TITLE:
DATE:		DATE:

PRICING AND DISCOUNTS

Product Discounts:

ITEM #1

Category A is legacy discount category used for Enterprise Products Sun Fire E4900 – E25k and options for these products such as uni-boards. (E4900, E6900, E20K, E25K, and xoptions)