HomeMy WebLinkAbout232455 05/13/14 CITY OF CARMEL, INDIANA VENDOR: 033825
• ONE CIVIC SQUARE CDW GOVERNMENT INC CHECK AMOUNT: $*******322.42*
CARMEL, INDIANA 46032 75 REMITTANCE DR CHECK NUMBER: 232455
SUITE 1515 CHECK DATE: 05/13/14
CHICAGO IL 60 67 5-1 51 5
DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION
1120 4350070 24572 LL20229 322.42 EMS OFFICE IKEY
—INVOICE_DATE _-.-.INVOICE-NUMBER--------.-,,--,-I----- _____PAYMENT_TERMS. _DU,E DATE_.___
04/25/14 LL20229 Net 30 Days 05/25/14
ORDER DATE SHIP VIA PURCHASE ORDER NUMBER CUSTOMER NUMBER
04/14/14 FEDEX Ground 24572 6676598
ITEM NUMBER DESCRIPTION" -` QTY QTY QTY" UNIT PRICE TOTAL
ORD_ SHIP 'BIO
3031099 [KEY RUGGED BLUETOOTH RECHARG KB 1 1 0 322.42 322.42
Manufacturer Part Number:BT-80-03
GO GREEN!
CDW is happy to announce that paperless billing is now available! If you would like to start receiving your invoices as an
emailed PDF, please email CDW at paperiessbilling@cdw.com. Please include your Customer number or an Invoice
number in your email for faster processing.
REDUCE PROCESSING COSTS AND ELIMINATE THE HASSLE OF PAPER CHECKS!
Begin transmitting your payments electronically via ACH using CDW's bank and remittance information located at the top
of the attached payment coupon. Email credit@cdw.com with any questions.
ACCOUNT MANAGER SHIPPING ADDRESS: SUBTOTAL $322.42
PAUL REETZ CARMEL FIRE DEPARTMENT
312-547-2335 DENISE SNYDER SHIPPING $0.00
paulree@cdwg.com 2 CARMEL CIVIC SQUARE
CARMEL IN 46032 SALES TAX $0.00
SALES ORDER NUMBER
FFSH432 AMOUNT DUE $322.42
Cage Code Number 1KH72 HAVE QUESTIONS ABOUT YOUR ACCOUNT?
DUNS Number 02-615-7235 PLEASE EMAIL US AT credit@cdw.com
ISO 9001 and ISO 14001 Certified VISIT US ON THE INTERNET AT www.cdwg.com
0001:0001 CDW GOVERNMENT FEIN 36-4230110 Page 1 of 1
Customer understands that Scller is nut the manufacmrev of the P,oducts pumh..d by Customer hereunder and the only werrioda offered ma[hose of the manuf em.,.not Selicr or its ABiliane,In purchasing the Prodcerv.Customer is relying on die rrunuf curer:s spocificatier,only and isnot
relying an any statements•specifications,photographs or other illanrations representing the Products that may be provided by Seller or its Alfilicau.SELLER AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES EITHER EXPRESS OR IMPLIED,RELATED TO
PRODUCTS.INCLUDING.BUT NOT LIMITED TO,ANY WARRANTY OF TITLE,ACCURACY,MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,WARRANTY OF NONINFRINGEMENT.OR ANY WARRANTY RELATING TO THIRD PARTY SERVICES.
THE DISCLAIMER CONTAINED IN THIS PARAGRAPH DOES NOT AFFECT THE TERMS OF ANY MANUFACTURERS WARRANTY. Customer expressly waives any claim that it may have against Seller or its Affiliates based on any pmdua liability or infringement or alleged
infringemnt o
ef any pan-,copyright,made secretor ocher intellectual property rights(each.'Claim")with respect to any Product and also waives any right to indemnification from Seller or its Af iliams against any such Claim made gout Cuummer by a third party.Customer acknowledges that
sm employee of Seller er its Affiliates is authorized to make any representation or warmrtry on behalfof Scller or any offs Affiliates ch'a'ts not in this Agreement.
Sell.wannnts that the Services will be performed in a good and werkman)ikc manner.Customers sole and exclusive remedy and Sellefs entire liabilitywith respect m this warranty will be,at the sola option of seller,to either(a)use its reasoiblc commercial'(forts to reperform or cause to be
reperformed any Services not in subssantial compliance with this--my or(b)refund amounts paid by Cusanmer related to the portion of the Services not in substantial compliance;provided,I.each care,Customer notifies Mile,in writing within five(5)business day,after p.fotmance of[he
applicable Sanas.EXCEPT AS SET FORTH HEREIN OR IN ANY STATEMENT OF WORK THAT.EXPRESSLY AMENDS SELLER'S WARRANTY,AND SUBJECT TO APPLICABLE LAW,SELLER MAKES NO OTHER AND EXPRESSLY DISCLAIMS ALL OTHER,
REPRESENTATIONS,WARRANTIES,CONDITIONS OR COVENANTS,EITHER EXPRESS OR IAIPLIED•(INCLUDING WITHOUT LIMITATION.ANY EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE.
MERCHANTABILITY,DURABILITY,TITLE,ACCURACY OR NON-INFRINGEMENT)ARISING OUT OF OR RELATED TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES,INCLUDING BUT NOT LIMITED TO ANY WARRANTY RELATING TO THIRD
PARTY SERVICES,ANY WARRANTY WITH RESPECT TO THE PERFORMANCE OF ANY HARDWARE OR SOFTWARE USED IN PERFORMING SERVICES AND ANY WARRANTY CONCERNING THE RESULTS TO BE OBTAINED FROM THE SERVICES.THIS
DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE EXPRESS WARRANTY AND LIMITED REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE.CUSTOMER ACKNOWLEDGES THAT NO REPRESENTATIVE OF SELLER OR OF ITS AFFILIATES
IS AUTHOR17ED TO MAKE ANY REPRESENTATION OR WARRANTY ON BEHALF OF SELLER OR ANY OF ITS AFFILIATES THAT IS NOT IN THIS AGREEMENT OR IN A STATEMENT OF WORK EXPRESSLY AMENDING SELLER'S WARRANTY.
Cusomer shall be solely responsible for daily back-up and other protection of its data and software against loss,damage ur corruptimn.Customer shall be solely msponsible for reconstructing data(including but not limited to dam located on disk files and memories)and software[hat may be lost,
damaged re comtprod during the performance of Services.SELLER,ITS AFFILIATES,AND ITS AND THEIR SUPPLIERS,SUBCONTRACTORS AND AGENTS ARE HEREBY RELEASED AND SHALL CONTINUE TO BE RELEASED FROM ALL LIABILITY IN CONNECTION WITH
THE LOSS,DAMAGE OR CORRUPTION OF DATA AND SOFTWARE,AND CUSTOMER ASSUMES ALL RISK OF LOSS,DAMAGE OR CORRUPTION OF DATA AND SOFTWARE IN ANY WAY RELATED TO OR RESULTING FROM THE SERVICES.
Seller will not be responsible for and no liability sh.11 vault to Seller or any of it ABiliates for any delays in delivery or in performance which result from any cfrcumsmners beyond Seller's reamrable eomml,including,but not limited to,Product...vailabflity,carrier delays,delays due to fire,
severe weather conditions.failure ufpower,labor problems,acts of—,terrorism,embargo,act afGod or acts to Iowa army li-moven,or,agency.Any shipping dates or completion dates provided by Seller or any pain...d deadlines comaim d its.Statement of Wort:or any mher document are
Pacing lydermatfoa;Availability Dnchen—
Seller reserves fie right to nuke adjustments to pricing,Products and Service offerings for reasons including,but not limited to,changing market conditions,Product discontinuation,Product unavuflabilky.manufacturer price changes,supplier price changes and errors in advertisements.All order:
am subject to Product availability and the availability of Personnel to perform the Services.Therefore,Seller cannot guarantee that it will be able to fulfill Customer's orders.If Services are being performed on a time and materials basis,any estimates provided by Seller arc for planning purposes
only.
Credits
Any credit issued by Seller to Customer for any season must be used within two(2)years fiom the date that the credit was issued and my only be used for from purchases of Products and/or Services.Any credit or portion thmanfnot used within the two(2)year period will automatically expire.
Lrrdcatim of Liability
UNDER NO CIRCUMSTANCES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY SET FORTH HEREIN,WILL SELLER ITS AFFILIATES OR ITS OR THEIR SUPPLIERS,SUBCONTRACTORS OR AGENTS BE LIABLE FOR(A)ANY
INCIDENTAL,INDIRECT,SPECIAL,PUNITIVE OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO,LOSS OF PROFITS,BUSINESS,REVENUES OR SAVINGS,EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES OR IF
SUCH DAMAGES ARE OTHERWISE FORESEEABLE,IN EACH CASE,WHETHER A CLAIM FOR ANY SUCH LIABILITY IS PREMISED UPON BREACH OF CONTRACT,WARRANTY,NEGLIGENCE,STRICT LIABLITY OR OTHER THEORY OF LIABILITY;(B)ANY
CLAIMS,DEMANDS OR ACTIONS AGAINST CUSTOMER BY ANY THIRD PARTY;(C)ANY LOSS OR CLAIM ARISING OUT OF OR IN CONNECTION WITH CUSTOMER'S IMPLEMENTATION OF ANY CONCLUSIONS OR RECOMMENDATIONS BY SELLER OR ITS
AFFILIATES BASED ON,RESULTING FROM,ARISING OUT OF OR OTHERWISE RELATED TO THE PRODUCT'S OR SERVICES;OR(D)ANY UNAVAILABILITY OF THE PRODUCT FOR USE OR ANY LOST,DAMAGED OR CORRUPTED DATA OR SOFTWARE.IN THE
EVENT OF ANY LIABILITY INCURRED BY SELLER OR ANY OF ITS AFFILIATES,THE ENTIRE LIABILITY OF SELLER AND ITS AFFILIATES FOR DAMAGES FROM ANY CAUSE WHATSOEVER WILL NOT EXCEED THE LESSER OF:(A)THE DOLLAR AMOUNT PAID
BY CUSTOMER FOR THE PRODUCT(S)GIVING RISE TO THE CLAIM OR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM;OR(B)550,000.00.
Confidential Infarromen
Each parry anticipates that it may be necessary to provide access to information of a confidential manus of such party,the Affiliates or a third parry(hereinafter mimed to m"Confidential Information-)to the other party in the performance of this Agreement and any Statement of Work
'Confidential Information'means my information or data in oral,electronic or written form which the receiving party knows or has mason to know is proprietary or confidential and which is disclosed by a party in connection with this Agreement or which the receiving party may have aazss to in
connection with this Agreement,including but not limited to the terms and conditions of each Statement of Work.Confidential Information will not include information which:(a)becomes known to the public through no act of the receiving party;(b)was known to the receiving parry,or becomes
known to the receiving parry from a third parry having the right m disclose it and having no obligation ofconfidendality to the disclosing party with respect to the applicable information;or(c)is independently developed by acaaam,employees or subcmntmnors ofthe receiving party who have not
had=to such informmion.To the extent practicable,Confidential Information should be clearly identified or labeled as such by the disclosing parry at the time of disclosum or a promptly[hereafter as possible,however,failure to so identify or label such Confidential lnfomatian will not be
evidence that such information is not confidential orpmtmmblc.
Each patty agrees to hold the other patty's Confidential Information confidential for a period of three(3)years following the date of disclosure and to do so in a manner at lean as protective as it holds its own Confidential Information of like kind but to use no less than a reasonable degree of care.
Disclosures of the other party's Confidential Infomation will be restricted(i)to those individuals who are participating in the perfmmance of this Agreement or the applicable Statement of Work and need to know such Confidential Information for purposes ofproviding or receiving the Products or
Services or otherwise in connection wide this Agreemen[or the applicable Statement'of Work;or(fl Wits busine£s,legai andfinancial'advisors;eaetion aconfidentwtbasis,EFh party ag—out to use my Confidential Infmution ofthe other parry f any purpose ocher than the business purposes
contemplated by this Agmement and the applicable Statement of Work Upon the written request ofa parry,the other parry will either rerun or certify the destruction ofthe Confidential Imf motion ofthe other parry.
Ifa receiving party_mqu_ted,byfaw,role or regulazian,or requenod in anyjudi_I or administrative proceeding or by any govemmenml or regulatory authority,to disclose Confidential Infomatimn of the other party,the receiving parry will give the diselos_ing patty prompt no_tic_e of such request _
so that the disclosing party may seek an appropriate pmtmtive order or similar pmtecfivc messum and will use reasonable efforts to obtain confidential treatment ofthe Confidential Iofomution so disclosed.
Raum Privileges
To obtain Seller's retum policy,Customer shouldc unu COUP Customer Rcl.d.msa,k66.SVC.4CDW oremail at Costomeritcladensfaicdw.cam.Qrsmmer masa notify CDlV Customer Relations ofanydamaged Products within ten(10)days o(rceeipt.
Arbitration. '
Any claim,dispute,or controversy(whether in contract,ren or otherwise,whether preexisting,present or furore,and including,but not limited to,statutory,common law,intentional fon and equitable claims)arising them or relating to the Products,the Services,the interpretation or application of
these Terms and Conditions or any Smtemem of Work of the brach,[conitmium mr validity thereof the relationships which fault farm these Terms and Conditions or any Statement of Work(including,to the full extent permitted by applicable law,relationships with third parties who are not
signatories herem),.Soles ur any of its Affiliate'ndvenuing or marketing(collectively,a"Claim')WILL BE RESOLVED,UPON THE ELECTION OF ANY OF SELLER,CUSTOMER OR THE TTHRD PARTIES INVOLVED,EXCLUSIVELY AND FINALLY BY BINDING
ARBITRATION.If.mloadim is chosen,it will be conducted pursuant to be Rules ofthe American Arbitration Association.Iferbitimmn is chosen by any parrywith—li el to a Clain,neither Seller nor Customer will have the right to litigate that Claim in court or m have ajury trial on that Claim
m to
engage in pre-arbimmion discovery,—,pe as provided for in be applicable arbitration rola or by agreement ofd,,parties involved.Further,Customer will not have the right to participate m a representative or member of any class of claimants pertaining to my Claim.Notwithstanding any
choice of Imv provision included in Were Temus and Conditions,this arbitration agreement is subject to the Federal Arbitration A.(9 U.S.C.44 1-16).The arbimadim will take place exclusively in Chicago,Illinois.Any court having jurisdiction may coterjudgmmt on the award reud—d by the
arbirrame(s).Each pony involved will bear its own cost ofmy legal representation,discovery or research required to complete arbimmion.The existence or results of any arbitration will be treated as confidential.Nntwithsmnding anything to the contrary contained herein,all matters pertaining to the
collection ofamounu duc to Seiler arising out of the Products or Services will be exclusively litigated in court rather than through asbiamtian.
Miscellaneous
Seller may assign or cube..,."all or any portion of its rights or obligations with respect to the sale of Products or the performance of Services or assign the right to rcuive payments,without Customers mien[.Cusomer may not assign lbws Terms and Conditions,or any of its rights or
obligatioai herein without the prior written consent of5eller.Subject m the restrictions in assignment contained herein,these Terms and Conditions will be binding or and intim to he benefit otitic panda herem and their auceasors andassigns.Nopmvfsionofthis Agreementmrany Sta[ementmf
Work will be dcemod waived,amended or modified by either parryunless such waivur,amendrreml or modificathon is in writing and signed by both parva.The relationship between Seller and Customer is that of ind--pendent commemrs and not that of employer/employce,partnership.,joint
venture.if any[erre or condition of this Agreement or a Stan—.,of Work R found by a court of comp.en[jurisdiction m be ini.lid,illegal or otF,,nvix unenforceable,the same shall out affxt We other terms or conditions hereof or thereof or the whole of this Agreement or the applicable
Statement of Work.Notices provided under this Agreement will be given in writing and deemed received upon the earlier ofactual receipt or three(3)days after mailing if mailed postage prepaid by regular mail or airmail or one(1)day after such notice is sent by courier or facsimile traimfssion.
Any delay or failure by either party to exercise any right or remedy will not constitute a waiver ofthat party to thereafter enforce such rights.
Version Date:O'tJ23MI0
VOUCHER NO. _WARRANT NO.
ALLOWED 20
CDW-G
IN SUM OF$
75 Remittance Drive
Chicago, IL 60675
$322.42
ON ACCOUNT OF APPROPRIATION FOR
Carmel Fire Department
PO#/Dept. INVOICE NO. ACCT#/TITLE AMOUNT Board Members
24572 LL20229 43-500.70 $322.42 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
MAY 12 2014
Fire Chief
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))
LL20229 $322.42
I 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
120
Clerk-Treasurer