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Home My WebLink About229210 2/11/2014 CITY OF CARMEL, INDIANA VENDOR: 367930 Page 1 of 1 ONE CIVIC SQUARE TEREX SERVICES , INDIANA 46032 CHECK AMOUNT: $309.00 CARMEL o�=r. 2650 ROOSEVELT AVENUE INDIANAPOLIS IN 46218 CHECK NUMBER: 229210 CHECK DATE: 2/11/2014 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 2201 4350100 31852 90167590 309 . 00 �I FUU T E R 9)( Invoice Terex Services, 2650 Roosevelt Ave., Indianapolis, IN46218 Please reference in all correspondence _ _ __ _ __ ..... _... .._ ...._ ... _ ._ __. ...... _........... __...... ............. _.... ..._..... ....... __................ _.._..... Bill to: 104156 Invoice No. ...... 7590 Customer,No 104156 CITY OF CARMEL 3400 W. 131ST STREET Ship to 104156 CARMEL IN 46074 CITY OF CARMEL 3400 W. 131ST STREET CARMEL IN 46074 USA i Your order dated: Jan 23, 2014 Date Jan 31, 2014 Your order no.: 31852 Contact Ms. Nicole Clark Sales order no.: 2152853 Phone 317-637-8299 Tag order: Fax 317-637-8499 E-mail Nicole.Clark@terex.com We invoice you for the supply of goods/services subject to our general terms and conditions. Remit payment: Terex Services, 62831 Collections Center Dr, Chicago, IL 60693 Payment Terms: Within 30 days Due net Item Material Qty Unit Discount% Price Total USD Description I 10 Inspection-2014 Periodic 1 EA 309.00 309.00 2014 Annual Crane & Hoist Inspection Service order #5169260 Value of Goods: 309.00 Non-Taxable: 309.00 Invoice Value: 309.00 Incoterms: Free carrier Seller's premise Ship via: Terex Services BUYER ACKNOWLEDGES THAT BUYER RECEIVED, HAS HAD THE OPPORTUNITY TO REVIEW,AND AGREES TO THE TERMS AND CONDITIONS SET FORTH ABOVE,AS WELL AS THOSE TERMS AND CONDITIONS OF SALE CONTAINED ON THE REVERSE. K WOCE Page 1 of 1 D Terex Services ("Seller") -TERMS &CONDITIONS OF SALE 1.Terms and Conditions.These Terms and Ccrnlitions of Sale parcel and supersede any and all terms of sale perlairing to Pals, 10.Limitation of Actions.Any action for breach of this agreement must be c orri ced:unpin.one(1j year after the cause of adorn: EgWpmont and Services(and any supplements thereto)previously issued by Seller to Buyer and are subject to change without has accrued, advance nation.The phone,charges discounts(.-a of sae and other provisions refer al to or conlaned therein shall apply to Parts 11 Specification Changes.In the even)Sell•thou,add L:opal expense because of gllarges it spmolal rs ordra.+rings previously and Equipment(collectively referred to as Products)sold and shipped to Buyer and Sery cgs provided by Seller on and after 41oroh 7,2;13 aid shah remain it e`feia braless and ural superseded in..ming by Setter Acceptance of an order for Products or Services approved by Buyer,or in the event Seller is required to nwd'fy the ordered Proud,is perform any adfffi al Services,perform any by Seller shall he deemed to corsiilute a binding agreem_r between the parties pursuant to the terms and conditions contained additlonal work or supply any additional Productsthe additional expense sham be added to lire purchase pro..Seller shall have t^ herein and Buye agrees that the order may hot Ihe'ea•Te'be cancelled countermanded of otherwise changed without the prior 1191.m its sole discretion,to accept o cpm reject air changes in specifications rasictl by Buyer. In no event shall any changes is written consent of Spier.This agraia cert supe cedes any on o agreements.reo'esenlations,or other communications between the spezifialiona be made or accepted thirty:fs0)days uror to launch data or thereale,. panto'relaii,S to the subject matter set fortherein.No at her terms and conditions shall abpi.y including the terms of any purchase 12.Security leanest Buyi-E.xn� S;ILr s s u ; . i i,h,I slats purchesdd ! -mice d,ti:cof The; ur'�Ince e;,�.,1:cr.riru, order submted to Seller by Buyzf,whether or not sack terns are inconsistent or.111000th or are in addition to the terms and ml payenm mt Eu.i of he s:�i abd p,_ tit bird ic_umunne by Bu._ cf Aof iii ottr n n:cora la'<cu:dc:Sella err p .; led in ancdl ors set fodh hemp Salle s acaOlance of Buyers pumrasa order is condiLvnai upon Buyer's acceptance gf all 1..^e terms and ori,retrrc ice of a ud,n:}afrzr default uni.r.n.Olio Lndc mi Cwrmerc a d„m acdiron r n I o,F.;r cg:-,prm iJai by cc.tl�ct nod iorriftiers contained in this ag emem.Any communication construed as at,offer by Seller aid acceptance 6nersof is expressly hrnited f—r—adonor In Bu;u arra m,o,to s:.lr.,� . -i mi i_nwrest,I,or 4w.n. .,�a� be_a.ch h, u, sand uthu to the terms and conditions set forth herein.The Products an:intended for industraL'commemial use by professional contractors. cal—of sell r uu d in v Booing Set err';nghc,.Ill p,n,:viJ1 film),; -,'Al ,maim peFnw!i j, ii cid>t ..v. ..m.cr be d.ni-d Professional end-users and their trained employees and are not Intended for use by consumers. a lixt,ueora ns f"h ru.i e.:.w nor wir•ch a may the lo:ated Bever agrees rczun, r t- do;rm"is e _ricrac x.10, ,bys,dlx 2.Terms of Payments.Payment ter Products or Sarvices purchased by Buyer shall be made In accordance with any of the following to perfen is se tv hir. in the Products hidud ilcut not lirafld to,f nanangiari.cs,hut a.Espu,c ct m9,AetnL m snuc terms,provided they have been previous) wr ed wlth and expressly approved b Seller in wrifin 11 cash it advance; 2) dcbr n"mesig" rorh;,—unrmtnimnm> Y 9 pr Y 9 ( ( co10froed.irrevocable tetter of elect established in such amount and form and at such time slid at such bark as shall be approved 13.Insurance.Until the purchase once of any Product's Died in full or the Service is completed,Mie Buyer shell provide and mzimain q:Seller nrespect of each order,(3)credit account purchases for which payment will be due and payable or net thirty(30)day insurance equal to the total value of any such Product delivered hereunder against customary casualties and risks;including,but not terms,plus service and other charges applicable to past due amounts in accordance with Seller's written helices;or(4)other payment limped to fire and explosion,and shall also insure against liability for accidents and injuhea to(:`;e public o.r it employee&by adding arrangements expressly app:ovad by Selier n voting pr:,,r to or al the lime the order s placed.If ary Buyer credit amount purchase Seller as additional insured with waiver of subrogation,and in an amount salisfactory to Seilerif the Buyer fails to provide such s not ca'.d it accordance;wth Seller's credit Payment terms,in addition to am•other remedies allowed in equip:or by law,Seiler may insurance,it then becomes the Buyers respo s.oNy to notify the Seiler so that I:c oelior may c oxide same and the cost thereof shall ref,sc to make further shipments a'lhout advance payment by Buyer.Nothing contained herein shall be curstmed as requiring Seller be added to the contract price.Add loss resulting from the failure to affect such i:?_uia.ce s!:all be assumes,by the Buyer. W sell any Products o Services W Buyer on credit terms at ary time,or p-ehoing Seller from making any and all credit de'sions which 1.in i1,sole soreat on deems appropriate for Seiler.Safer may chs ge nterest or all a^eu.?ts not paid when due and Buyer 14,Patents,Copyrights,Trademarks.Confidentiality_No I cense or oche-rights u ider any patents r rights or tradsmars, agrees in pay surcriunterast calculated on a daisy basis,tram the.date that payment was due until the Seller receives payment in full,of owned or controlled by Seller or under which Seller s licensed are granted to Buyer or mpliecl by the sale of P oducis or the pro.ator. the rate of L,.1;per r o.tin or t e form-urn ate pa'n'itted by applicable law.Seller shall be entitled to air equitable adjustment in the of Services,Buyer shall not identify as^genu n.,products of Seller Products purl—son here'de hich Buyer has treater modified once of Products or Services in order to account for-^creases-[Ile cost to Setter of labor or inait rials,or in the event of unanticipated or altered in any way,?or shall Buyer use Better s trade marts to identify such products;provided.however,Ilial Buyer mai identify err unforeseen ciramsta ses, such products as uhlaorg,containing or having beer.manufactured front genus?,products of Seder as!recited,modified or altered by Buyer or Buyer's representative,upon written prdrepproval of Seller All Mans,P crographs,d—gler drawings,bi opron,manuals, 3.Taxes and Duties.Unless otherwise specified,prices quoted do not include taxes or dunes of any Kind or nature.Buyer agrees specifications and other documents relating to the business of Selig rinform ori)shall be and remain the exclusive property of that it vial be responsible far filing all tax returns turd paying applicable tax,duty,export preparation charge and export documentation Seller and shall on treated by Buyer as confidenbal infor:ation arc mol disclosed g'.en,loaned,ex rib'teesold or trnsfered to any charge resulting from Ilia purchase of any Products or Serfims.In addition,In the event any other similar tax s detem?ineditb:apply to third early without Seller's prier wipe.approval,undivided,however,that these restrcl o;s shall not apply is Information that Buyer Buyers purchase cf any Products or Services from Baker,Buyer agrees to indemnify and hold Seller harmless(hero and against any can demonstrate:(ai of the lime of disclosure,is generally known to the public other tirarl as a result of a breach of this Agreement by andcit such other similar taxes,duties and fees.All pcces quolail are U.S.DOLLARS unless otherwise specified.The amount of any Buyer,or(b)is already in Buyers possession at the time of disdosum by from a Ihrd party having a rich;to inroad such Informal.n. p.sent Or Infirm taxes applicable to the sale transfer,lease or use of any Products shall be paid b;Buyer';or in lieu thereof,Buyer _ shall provide Seller with a lax exemption certificate satisfactory to the applicable taxing authority p,oving that no such tax is due and 15.Default and Seller's Remedies,In the evmnl of default�'Buyer,all u oa d sums and installments a_d to Seller, :all,at She payable upon su-n sale,transfer,lease or use. Seller's sole epton,become immediately due and?dyable without notice of any kind to Buyer in additno to is right of ac.eleratior. Seller may pursue any and af!emedies allowed byi mar in egmty rclud!ng but rci limited as anv and all remedies available to it order 4.Titles,Transportation and Delivery.Untess otherwise staled in writing, a6 prices and delivery are FCA,Sellers Premises the Ohio Uniform Commercial Code.In addition to the foregoing,and not in limitation tnamol,Setter shadl have the right to set off any Oncolerms 2010).Title and all risk of loss or damage to Products shall pass to Buyer upon delivery,as per Incoterms 2010.Any claims credits or amounts owed to Buyer against any amounts awed by Buyer to Setter. for loss,damage or delay o transit must be entered and prosecuted by the Buyer directly with the carder,who is hereby declared to ba the agent of;the Buyer In the event delay in,hipmerl of Products is caused by Buyers failure to furnish necessary infom?ation with 16.Indemnification by Buyer.Buyer hereby agrees to i•demnly,release,defend and hold hartrlass Better its directors,office respect to data and details for Buyer's specifiafons,Selier may.n is sole discretion.extend the dale of shipment for a reasonable employees,agents,representatives,successors,and assigns against ary arid.all sols.actions or proceedings at law r equity tme..Ir the event decay in snien?ert is mused by Buyer or at Buyer's request and there are Products that are not shipped within (including the costs,expenses and reasonable at,arrey s fees incurred:n conn.,tor•sltn m defense of shy such molter are from ter.(10)days from the first dal_they are ready lo be shipped,Setter may,:n its sole discrel o.,sell such Products to another buyer any and all Gams demands,losses,judgments da rages cosy expenses n Fain lilies,to any ae'son v:ha,seeve Including Suyers without any liability or resporsibilily,to Buyer whatsoever.All payments shall be made in accordarce win the terms of the appliabie and Sellers employees or any third party),or damage to any property f n Jud.rg Buyer s property)arising out of or in ary way irrvoice.Ir.addition,storage charges due to delay in furnishing delivery instruction,arranging and establishing a method of payment connected with the performance or the furnishing or Products or Services under this agreement regardless of nether an.act, satsfactoy to Sol.,,s submitting valid import permits or licenses,or any dither delay caused by Buyer or at Buyer's request,will oh;scion,hegfgence fincluding any act,emission or negligence relating to the manufacture design repair,erection.sev im gr be for the account of Buyer.THE SELLER SHALL NOT BE LIABLE FOR ANY LOSS OF USE OR FOR ANY OTHER INDIRECT, installation of o warnings made or lack(Pereof win respect to any Products or Services tumished hereunder)of Seller:its directors. CONSEQUENTIAL.INCIDENTAL OR OTHER DAMAGES OR LOSSES DUE TO DELAY IN SCHEDULED DELIVERY.Claims for offinal employees,agents,representatives,successors or assigns caused or contributed tnerete.If Buyer fails:o fulfill any of its shortages in shipments shall 5e deemed:valved and released by Buyer urless rade in writing within five(5)days after Buyer's receipt obligations under this paragraph o.this agreement.Buyer agrees a pay Seller all mals,expenses and affomev's fees Incurred by of shipment.Sellers resixes el ly for all.pment shall cease upon delivery of the Produce to the place of shipment,and all claims Seller Io establish or enforce Sellers rights under this paragraph a,this agreemen,TI?o prov saes of this dam graph are in addition to occurring tnemi shall be made to or against the carver by Buyer, any other rights or obligations set forth in this agreenrant. 5.Cancellation.Prior to delivery to place of shipment,a Products order ay be cancelled only with Baker a prior written consent and 17.Installation.Unless otherwise expressly agreed in writing Buye,shall be solely responsible for the usella ion and eadior:OF the upon more;indemr:itying Setter from all resulting losses and damages.Seller shall have the fight to cancel and refuse to complete Products purchased.Although Seller may in some cases provide a serviceman data and drawings to aid Buyer w!In Installation or a Products ar Services order.f any term alicm,condition governing this agreement is not complied v ith by Buyer.In the event of start-up,Seiler assumes no responsibility for proper inslalia r.or support of any Product w e:installed a d c sol ms any express arceilatier by Seller,or in the event Seller consents to a request by Buyer to stop work or to cancel the whole or any part of any or implied warranties with respect to such installation and supportNotrit t tor.e:'.ng whelne.data and drawings are brci or a order,Buyer shall make reimbursement to Sailer,as follows:.(i)any and all work that can be completed w.hiri(30)days from date of serviceman aids in the installation,Buyer shah mdemri Py and hold Setter nainimless and at Sellers request,defend Better from all notification to slop•eons on account of cancellation shall be completed,shipped and paid In full;and(ii)for work in progress and any claims.demands or legal proceedings(including the costs,expenses and reasonable attorney's fees incurred it connector or with the materials and supplies procured odor which defirthe commitments I?ave been made by Seller in connection with the order,Buyer shall defense of any such matter)which may be made or brought against Seller in conneciasi.-.-.Ili damage p personal injury arising cul pay such sums as may be required to fully compensate Seller for actual costs incurred,plus fi0een percent(15%)Buyer may not of said Installation or slart-up. carnal any order after Seller s delivery to place of shipment.Orders for'Spec tal�Equipment may not be cancelled after acceptance, 18.On-Site Services.In the evert that Seller is providing Services at Buyers worksito(or at a loahtir,designated by Buyer),Buyer excepl by Setter. flame of"Special"Equipment are Dose that differ from standard Setter specifications,have a limited market,of shall provide Seller,free and clear access and an adequate power supply in order to pedorn the Services.Buyer shall mainta r.safe rcarpom e specficatons that have been determined for a specific application. Determnabon of whether an ilem of Equipment is working conditions at the works te,including,without limitation,implementing apordip,.ate procedures regarding hazardous mate rale 'Spec:iai"shall barnacle by Seller in its sots discretion. and energisation and de-energ¢atior:of power systems.Buyer shall immediately remedy any unsafe working condition at the worksile 6.Inspection and Acceptance.Buyer agrees that it shall inspect the Products or Services immediately after rewipt of Products or Seller snail be entitled to suspend or terminate lir Ser,ims in the ever,!it determines Thal the worn sim s unsafe.Seiler.shall have completion of Services and promptly notify Sell-in wriBn^g of any nun:confermity or defer within 10 days after the Products are put no responsibility or liability for any pre-existing condition of the wclrente indud:no,without limitao.:violations of saffely ruts,building to Soloa o[^e Services ore completed but not more than thirty(30)days after delivery or complebiliti Buyer further agrees that codes,zon ng ordinances or other laws or regulations('Regular:ens'),in the event[,let any unsafe working co'?dition or failure of M:e failure to gh.e sur`prompt notice or the commercial use of the Products shall constitute acceptance.Acceptance shall be final and ve.it to to comply w10,ta Regulation results in an increase in the Seiler s test of,o:the time recd and for,pe fo-._bar e of the Services Buyerwarres the nght to revore accehance for any reason whe(herror not knox n by Buyer at t`e time cf such acceptance.Th=_giving Seller may make an equitable adjustment in once and schedule.Buyer authorized Sells,to perfern,the d sa.embly aha hspe..ton of any such notice by Buyer s all 3W 1 oelly cause the pmvisors of Seller'swararly to apply and govern the rights,obligations and of any equipment necessary to provide the Services induct ng ovv'sioa of all necessaryPartsand labor.an G. that�I e snot Ion!ties of the p,,.I:es with resect to such no,corriminuly err defect,provided under no circumstances shall reject oo give rise to any responsible for any damage or loss due to causes beyond Sellers central.Un ess exb'essi,agrees-n writ g,Smaces co rot nclude iiabil!ly of Sailer I.1,;1denial cr dor cli c tial damages or losses of any kind. - amhilectumVergineering services or structural chances le Buyer s predi_ __ —_ _ - 7.Warranty.Seller warmgts that lire Sewioa _i peridrrns w.it be free from defects in v,arkmanship for a period of twov.(12)months 19.Force Majeure The Seiler shall net be liable,a file Buyor or be deemed to no r b:each of t:s agmem nt key reason of any d_lay fro. date of c :bietcon of the Serrees.This warrari:shall only be valid if Buyer sends Setter written notice of the defect willon thirty it oedorniog,or any failure to perform.any.,f t:u Sellers cLig tions in rotation is he Produ_ts a Sent,xs If the delay o fa pure (30)days of its d s„ace and ecleaBhes I-at fi)Ire Produce or any equipment subject to any Service,has been mai tained and was due to any cause beyond the reasonable control of hue Better r:dec di 1 th ut iimi at.n)strike,lokg r,clv.1•e m( n, r,add wit t e Ii-nAs of rated and rola usage,and(i)the defect d d not result iin.any manrer fmm the intentional or rogl:nclr' fire Opcdent expi•sor,tempest act of God w re�demrc stoppage of tri terorst activity pup—y shortage or charges in acct on or Inaction by Buyer,its agents or employees.If requested ey Saler,Buyer must return the delecCrve Product to Seller a facility ga—arreni.,g-ver,menlal agency,laws,ren Tali..s or ad r,isl:alice presiice's. for i.spedlcn.and If Buyer cannot establisrthat corditors fin and(ii)above have been mel,then this warranty shall not cover the 20.Anti-Cormption;Export Controls. Buyer agrees that it shall,and that any party retained by the Buyer shall,comply with all alleged cefml Failure to give written notice of defect within such period shall be a waiver of this werunty and any assistance rendered applicable laws induding,but not limited to,is-praud•tirg pubic corruption and cuumecal bribery.Buyer odder agrees that it shall, lherealier spa 1 ncl extend o ev:e il.Equipment,accesso les assennblies and components which are not manufactured by Seller are and that any party retained or paid by the Buyer small,.wmplywilh all applicable export controls economic sa^cllrhs embargoes and subject to the yvararty of their mspectrva manufacturers.This warranty shall be void in the event Buyer has carded out modifications regulations regarding the export,reeexport,disirihuP.or and sale of the Productsincluding without limitation US.Export Control laws. or milandlieOng work on the Products without lie prior writter consent of Seller.This warranty shall not cover ary item on which regulations,policies and executive order as may be amended from time to time.Buyer further agrees Iheh:t shall not.and any party serial numbers have beer altered,defaced or remo:•ed.Mariltehance and wear pads are rot covered by this warranty and are the retained or paid by Buyer shall not.export or re-export the Producls,directly.or wIn its knowledge,indiredy,into Sudan.Cuba or Iran sole ma':nlenance responsib8ity of Buyer.This warranty is not assignable or otherwise transferable without written agreement of the or to any other country for which the United States government(or agency thereof)may require an expod to nse or other approval or Setter.THIS WARRANTY IS EXPRESSLY IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES,EXPRESS OR IMPLIED any country,person or amity to whisk such export or re-export may be prohibited by applicable Uni!ed States law,regulation,Onto",ar (INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE)AND ALL OTHER executive order,Failure to comply strictly with all applicable laws relating to embargoes,sanctions,expert or re-exporl shall be grounds OBLIGATIONS OR LIABILITY ON SELLER'S PART.THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE LIMITED for immediate termination of this Agreement by Setter Notwithstanding anything to the contrary contained in any agreement between WARRANTY CONTAINED HEREIN.Better neither assumes nor authorizes any other pawn to assume for Seller any other liability Seller and Buyer or in any other document(includi:ig purchase terms and conditions)or instrument raineg to the Products,Seller wit in connection win file sale of Seller's Services.This warranty shall not apply to any equipment which was the subject of any Service, not comply with requests related to the boycott of any county or otherjursdicllon,except to the extent such boycott is required by or which has been suMed to misuse,alteration,abuse,negligence,accident,ads of God or sabotage.No action by either party shall otherwise not inconsistent with United States law. operate to extend or revive this limited warranty without the pnor-Ifen consent of Seller IN NO EVENT SHALL SELLER,OR ANY SUBSIDIARY OR DIVISION THEREOF,BE LIABLE FOR INCIDENTAL,CONSEQUENTIAL OR OTHER DAMAGES OR 21.Construction and Severability.This Terms of sale agreement constitutes the entire agreement between the parties regarding the LOSSES RESULTING FROM A BREACH OF WARRANTY INCLUDING,WITHOUT LIMITATION,LABOR COSTS,LOSS subject matter hereto and shall be construed and enforced in accordance with the laws of the State of Ohio.Seller shelf not be bound OF USE OF OTHER EQUIPMENT,THIRD PARTY REPAIRS,PERSONAL INJURY,EMOTIONAL OR MENTAL DISTRESS, by any agent's,employees or any other mpiesenlmon,promise or inducement not set forth herein.The invalidity ar unenforceability IMPROPER PERFORMANCE OR WORK,PENALTIES OF ANY KIND.LOSS OF SERVICE OF PERSONNEL,OR FAILURE of any previsions of this agreement shall not affect any other provsion and this agreement shall be constmed in all respects as if such OF PRODUCTS TO COMPLY WITH ANY FEDERAL,STATE OR LOCAL LAWS. invalid or unenforceable provision were omitted. 8.Remedies for Breach,IN THE EVENT OF ANY BREACH OF THE WARRANTY BY SELLER,THE PARTIES AGREE THAT 22.Jurisdiction.The parties agree that the proper and exclusive forum and venue in all legal actions brought to entdem or construe SELLER'S LIABILITY SHALL BE LIMITED EXCLUSIVELY TO THE REMEDIES OF REPAIR OR REPLACEMENT(AT SELLER'S any of the provisions of this sales order agreement shall be in the United States Olslnct Court Northern District of Ohio or,if federal SOLE DISCRETION)OFANY DEFECTIVE PRODUCT OR THE REPERFORMANCE OFANY DEFECTIVE SERVICES COVERED jurisdiction is lacking in such legal action,in the state courts in Cleveland,Ohio. BY THE WARRANTY. 23.No Assignment No rights arisi under this agreement may be assigned b-the Buyer unless expressly agreed to ir.writing by 9105 g i 9 S Y p- 9 9.LIMITATION OF LIABILITY.NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY,IN NO the Seller. EVENT SHALL SELLER,OR ANY SUBSIDIARY OR DIVISION THEREOF BE LIABLE FOR INCIDENTAL,INDIRECT, 24.Miscellaneous.Buyerreoresenls that(I)ills solvent and has the financial ability to pay for the Products or Services and(c) it has CONSEQUENTIAL OR OTHER DAMAGES OR LOSSES OF ANY KIND WHATSOEVER, INCLUDING,WITHOUT LIMITATION,LABOR COSTS,LOST PROFITS,LOSS OF USE OF OTHER EQUIPMENT,THIRD PARTY REPAIRS, all requisite right,power and authority to perform i!s obiigallons under this agreement. PERSONAL INJURY,EMOTIONAL OR MENTAL DISTRESS,.IMPROPER PERFORMANCE OR WORK,PENALTIES OF ANY KIND,LOSS OF SERVICE OF PERSONNEL,OR FAILURE OF PRODUCTS OR SERVICES TO COMPLY WITH ANY FEDERAL,STATE OR LOCAL LAWS.NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY,IN NO EVENT SHALL SELLER'S LIABILITY EXCEED FIVE PERCENT(5%)OF THE TOTAL ORDER VALUE. Terex Services Terms and Conditions of Sale,USAor Canada(r?en-Ouebec)Buyer(Rev.19 March 2013) VOUCHER NO. WARRANT NO. ALLOWED 20 Terex Services IN SUM OF $ 2650 Roosevelt Ave. Indianapolis, IN 46218 $309.00 ON ACCOUNT OF APPROPRIATION FOR Carmel Street Department PO#/Dept. INVOICE NO. I ACCT#/TITLE AMOUNT Board Members 31852 I 90167590 I 43-501.001 $309.00 1 hereby certify that the attached invoice(s), or bill(s) is (are) true and correct and that the materials or services itemized thereon for which charge is made were ordered and received except Ib F ill 014 I'J Street Commissioner Title Cost distribution ledger classification if claim paid motor vehicle highway fund Prescribed by State Board of Accounts City Form No.201 (Rev.1995) ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL An invoice or bill to be properly itemized must show: kind of service,where performed, dates service rendered, by whom, rates per day, number of hours, rate per hour, number of units, price per unit, etc. Payee Purchase Order No. Terms Date Due Invoice Invoice Description Amount Date Number (or note attached invoice(s) or bill(s)) 01/31/14 90167590 $309.00 1 hereby certify that the attached invoice(s), or bill(s), is (are)true and correct and I have audited same in accordance with IC 5-11-10-1.6 20 Clerk-Treasurer