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235586 08/06/14 c*A,' CITY OF CARMEL, INDIANA VENDOR: 367658 ® i7 ONE CIVIC SQUARE FLINT TRADING INC CHECK AMOUNT: $*****1,092.08* CARMEL, INDIANA 46032 PO Box 160 CHECK NUMBER: 235586 THOMASVILLE NC 27361.0160 CHECK DATE: 08/06/14 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 2201 4236400 172345 1,092.08 PAINT fint <<INVOICE>> PLEASE REMIT TO: Flint Trading, Inc. PAGE 1 TRADING. INC? PO BOX 160 115 TODD COURT Thomasville,NC 27361-0160 INVOICE DATE 7/28/2014 THOMASVILLE,NC 27360 INVOICE NO 172345 (336)475-6600 *FAX(336)475-7900 S 27616 S 27616-1 0 CITY OF CARMEL/IN H CITY OF CARMEL L Accounts Payable Dept. I ATTN: BOYD PIERCY D 3400 W 131 St P 3400 W. 131 ST. T T WESTFIELD, IN 46074 0 Westfield, IN 46074--826 0 TOTAL DUE 1,092.08 SLS1 SLS2 CSSS DUE DATE DISC DUE DATE ORDER NO ORDER DATE SHIP DATE SHIP NO 12 CJF 8/27/2014 7/28/2014 00143164 7/23/2014 7/25/2014 TERMS DESCRIPTION CUSTOMER PO NO SHIP VIA Net 30 Days 31873 DESTINATION ITEM ID TX CL UNITS ORDERED SHIPPED UNIT PRICE EXTENSION PM602381 0 PACK 3.000000 3.000000 240.00 720.00 PM125WH Q1 BD 20.3'STR.ROUNDABOUT Lot No AB3072314 3.000000 83301285L 0 PACK 1.000000 1.000000 372.08 372.08 PM125WH Q1 BD 20.3'ROUNDABOUT 20.3'ROUNDABOUT LEFT/STRAIGHT W/ISLAND Lot No AB3072314 1.000000 PM602381 0 PACK 1.0000.00 1.000000 0.00 0.00 PM125WH Q1 BD 20.3'STR. ROUNDABOUT Lot No AB3072314 1.000000 We appreciate your business. TAXABLE NONTAXABLE FREIGHT SALES/GST TAX BROKER FEES TOTAL 0.00 1,092.08 0.00 0.00 0.00 1,092.08 TOTAL DUE 1,092.08 Flint Trading Inc (d ba Ennis-FI i nt) misused,altered,or incorporated into any other product. Such misuse,alteration,or • incorporation shall be deemed to be a waiver of all claims by Buyer. SELLER DISCLAIMS ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT Terms and Conditions of Sale LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE.Seller shall be given,and any claim shall be subject to Seller being provided,a reasonable opportunity to investigate the products subject to any claim. These Terms and Conditions of Sale set forth the terms and conditions upon Buyer shall not make any representation or warranty with respect to the products which Flint Trading,Inc,dba Ennis-Flint("Seller")will sell certain products to the to any person or entity without the prior written consent of Seller. buyer("Buyer"). Any attempted modification of these Terms and Conditions by Buyer,and any additional or different terms included in any document provided Limitation of Seller's Liability: by Buyer are hereby rejected unless conspicuously and expressly agreed to in NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, IN NO EVENT SHALL writing by Seller. SELLER BE LIABLE HEREUNDER OR OTHERWISE FOR ANY EXEMPLARY, PUNITIVE, REMOTE,SPECULATIVE, CONSEQUENTIAL,SPECIAL OR INCIDENTAL DAMAGES OR Price: LOSS OF PROFITS,AND NO CLAIM SHALL BE MADE OR AWARDED AGAINST SELLER, Prices are subject to change without notice.Prices charged will be those in effect FOR ANY SUCH DAMAGES OR LOSS OF PROFITS.SELLER'S LIABILITY AND BUYER'S at the time of the acceptance of the order. EXCLUSIVE REMEDY FOR ANY CAUSE OF ACTION ARISING IN CONNECTION WITH THE SALE OR USE OF THE PRODUCTS, WHETHER IN LAW OR IN EQUITY OR Acceptance: WHETHER IN CONTRACT OR IN TORT,AND WHETHER BASED UPON NEGLIGENCE, All orders are subject to acceptance by an officer of Ennis-Flint. STRICT LIABILITY, BREACH OF WARRANTY, BREACH OF CONTRACT OR EQUITABLE PRINCIPLES, OR OTHERWISE, IS EXPRESSLY LIMITED TO, AT SELLER'S OPTION, Taxes: REPAIR OR REPLACEMENT OF THE PRODUCTS WITH RESPECT TO WHICH DAMAGES The price of the products specified herein excludes any-federal,state or local ARE CLAIMED._ taxes.The Buyer is responsible for any federal,state, or local taxes that apply. The Buyer agrees to reimburse the Seller for any taxes he might ultimately be Important Notice: obligated to pay as a result of this sale which normally would have been collected Before using any oroduct from the Manufacturer and Seller, the Buyer shall at the time of sale. determine the suitability of the product for his or her intended use and the Buyer assumes all risk and liability whatsoever in connection therewith. Payment: Seller's prices are calculated on a cash-with-order basis.Therefore,all orders are Intellectual Property Rights: COD unless credit is already established by an acknowledged credit application. All of the intellectual property related to the products sold to Buyer is the sole Terms on established credit accounts are net on presentation. Balances unpaid and exclusive property of Seller.This Agreement is not a sale of any intellectual after 30 days from date of invoice are subject to a service charge of 1.5%per property related to the products and Buyer has no title to,or ownership in,such month or maximum allowed by law, if different, together with expenses intellectual property,Buyer shall not analyze or otherwise examine any of Seller's incidental to collection, including specifically set forth reasonable attorney's fee products for the purpose of reverse engineering the formulations for such of 20%of the unpaid balance. products.Buyer shall not repackage the products or remove any trademarks or copyright notices.Buyer shall not use or seek to register any trademark which is Product Changes: identical to or confusingly similar to any trademark which Seller owns or claims Ennis-Flint is constantly working to improve products. Therefore, in order to rights in anywhere in the world. incorporate new technological advances, we reserve the right to alter chemical nature,specification,design or weight. Ennis-Flint shall not be required to modify Right to Set Off: goods already sold or in service. Seller reserves the right to set off against any unpaid balance owing to Seller by Buyer,any sums owing by Seller to Buyer,whether arising out of these terms and Freight Policy: conditions or otherwise. All product is shipped FOB our warehouse in Thomasville, NC unless otherwise stipulated.The risk of loss of such products shall pass to Buyer upon delivery to Export Control: the shipper.Unless Seller accepts specific instructions given by Buyer relating to Buyer acknowledges that the products may be subject to U.S, Export laws and shipment,arrangements shall be at Seller's option.The time of delivery is not of regulations,and Buyer will not use,distribute or transfer any product,except in the essence, and Seller will not be liable or responsible for any costs, charges, compliance with such laws and regulations. expenses, damages or for any penalty, liquidated or otherwise, for late or delayed delivery. Dispute Resolution: Buyer and Seller waive the right to trial by jury and agree that any unresolved Claims for Damage or Shortages: dispute or controversy arising under or in connection with the products shall be Any claims for shortages must be made within 10 days after the receipt of the settled exclusively by arbitration in accordance with the rules of the American merchandise. All preformed thermoplastic products are shipped from our Arbitration Association (the "AAA") then in effect. Such arbitration shall be warehouse in Thomasville, NC in good condition and packaged securely. Any conducted by a single arbitrator in Greensboro, North Carolina. If Buyer and shipment which arrives with visible signs of damage or missing packaging should be Seller are unable to agree on the arbitrator,the arbitrator shall be selected by refused or thoroughly inspected with damage noted on the carriers delivery ticket. AAA.Seller and Buyer shall share equally the costs of the arbitrator, unless the Any claims for goods damaged(visible or concealed)must be made by the Buyer to arbitrator determines otherwise.A decision by the arbitrator shall be final and the delivering carrier within 10 days after receipt of the merchandise. binding,and judgment may be entered on the arbitrators'award. Restocking Charges: Severability: No merchandise may be returned for credit without the Seller's prior approval and a If any provision of these terms and conditions is held invalid,such invalidity shall Return Merchandise Authorization number, and only with the transportation not affect other provisions of application of these terms and conditions that can charges prepaid.A 15%(fifteen percent)restocking charge will be deducted from be given effect without the invalid provision or application,and to this end the any credit issued.Returned merchandise will not be accepted after 90 days from provisions of these terms and conditions are declared to be severable. the date of delivery. Applicable Law: Warranties: These terms and conditions shall be governed by and construed in accordance Ennis-Flint warrants preformed thermoplastic pavement marking products, unless with the laws of the State of North Carolina,without reference to conflicts of otherwise specified,to the original buyer against material defects for a period of one laws principles. year from the date'of delivery of the goods. The foregoing warranty is the only warranty whatsoever,expressed or implied,relating to the products.In no event will Seller be liable for any claims related to the products if the products have been FurcTacoiozis VOUCHER NO. WARRANT NO. ALLOWED 20 Flint Trading Inc. IN SUM OF$ PO Box 160 Thomasville, NC 27361-0160 $1,092.08 ON ACCOUNT OF APPROPRIATION FOR Carmel Street Department PO#/Dept. INVOICE NO. I ACCT#/TITLE AMOUNT Board Members 2201 I 172345 I 42-364.001 $1,092.08 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 ® rday gust 01, 2014 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)) 07/28/14 172345 $1,092.08 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 , 20 Clerk-Treasurer