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Home My WebLink About236360 08/27/14 CITY OF CARMEL, INDIANA VENDOR: 00350601 ® it ONE CIVIC SQUARE DUNCAN VIDEO INC CHECK AMOUNT: $*******248.13* CARMEL, INDIANA 46032 702 ADAMS CHECK NUMBER: 236360 �,.... .o CARMEL IN 46032 CHECK DATE: 08/27/14 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 1096 4239039 74622 248.13 GENERAL PROGRAM SUPPL duncan video,inc. _ 702 adams street Carmel,Indiana 46032 1' �ED DATE 07/23/14 JJun telephone317-8156300 JULg� A INVOICE 11025 fax 317-815-6310 J1 2014 800-538-2800 PAGE 1 BY S CARMEL CLAY PARKS & RECREATION S CARMEL CLAY PARKS & RECREATION L 1411 E. 116TH STREET H ATTN: MARY EVANS D CARMEL, IN 46032 P 1411 E. 116TH STREET T T CARMEL, IN 46032 O O CUSTOMER NO. P.O.NO. ORDER NO. SHIP VIA TYPE SALESMAN NO. --12410 - XX-839 - 1 81876. .CUSTOMER PICK=UP - QTY. ICK—UP -QTY.ORD. QTY.SHR B/O DESCRIPTION PRICE TOTAL AMOUNT ASSORTED SHURE ITEMS FOR REPAIR: SHURE HEADWORN MIC — QTY 2 MODEL# WH30TQG REPLACED W/ SM35—TQG 2 2 REPAIR 79 . 00 158 . 00 SHURE HEADWORN MIC — QTY 1 MODEL# WH2OTQG 1 1 REPAIR 65 . 00 65 . 00 SHIP/HAN 25 . 13 ALL RETURNS MUST BE ACCOMPANIED BY AN RMA# . ALL RETURNS ARE SUBJECT TO A 30% RESTOCKING CHARGE x- ' Please Remit To: Duncan Video, Inc. SUBTOTAL 702 Adams Street TAX 248 . 13 NET 30 DAYS FREIGHT 0 . 00 Carmel, IN 46032 0 . 00 INVOICE 11025 TOTAL 248 . 13 A Service charge of 2%per month will be added to Past Due Accounts. Purchaser shall pay costs of collection including attorney's fees and court cost. Purchaser has read and agrees to all terms on the reverse side of this document, which supercede any other agreement of the parties. TERMS AND fir-/ ` O DITIV1 S ARTICLE 1.0-CERTIFICATION: PurcIl certifies That it will purchase Products only as a bonafide end ' LAP: for its own internal use,and except for used Products,will not resell same,unless otherwise provided m z is Agreement the othoi notice thereof promptly after it becomes known to-oat party.If a. of these acts or events of force majeure exceed sixty('60)continuous or cumulative nays,tits^r either party may,as its sole remedy,cancel ARTICLE 2.0-PREVAILING TERMS AND CONDITIONS: Except in the event of Duncan Video, Inc. this Agreement to the extent not previously furhlled by grving the other notrce,and neither party will ba liable fina,tcing of trc Products herounder, Thi,terms and conditions of this Agreement,and Inc terms and to the other for damages resulting horn that car r'cllation. corddions conta❑ied in any Appendices to this Agreemert,together form the entire agreement between the oartios Any ie his or co.a,:,ons contained in any Company purchase order, request for quotation, ARTICLE 14.0-LIMITED WARRANTY: The,varranty cards erelosed ,,,'th Products stere Duncan Video, ecrepiance or other purchasing documents concerning Products which are inconsistent with,different from Inc.s limited warranty to Purchaser applicable to those Products.If P-ducts are not accomp,. red by o-dt addition to:hc terms and conditions or'his Agreement are void, warranty cards,Duncan Video.Inc.'s then current warranty:,oplicable to:hose Prooucrs will apply Unless a separate service agreement has been enterrd into berv.,em'i:he panic; all repairs to or replacements of ARTICLE 3.0-APPROVAL OF ORDERS: This Agreement and all Company purchase orders for Products Products after the expiration of the applicable waranty period will be Purcraser's resporsiolity, under this Agrdement are su.,)to t to acceptance by Du,rcan Vidco.Inc.,including,if appropriate:,approval by Duncan Video, Inc.'s Credit Department Upon notice by Duncan Video,Inc. Purchaser will furnish EXCEPT FOR THE FOREGOING WARRANTIES. Duncan Video, lee. HEREBY DISCLAIMS AND Duncan Video,Inc.such financial information as Duncan Video,Inc.may reasonably request for this EXCLUDES ALL OTHER WARRANTIES.EXPRESS OR IMPLIED,INCLUDING,BUT NOT LIMITED TO, approval.Duncan Video, Inc.may,in its sole discretion,cancel this Agreement at any time or delay THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. shipment or Procucts if Purchaser fails to meet credit requirements established by Duncan Video.Inc. ANY WARRANTY WITH REGARD TO ANY CLAIM OF INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3)OF THE UNIFORM COMMERCIAL CODE AND)OR IN ANY OTHER COMPARABLE Pt-rchaser autno,izes Duncan Video,Inc.to file financing statements,signed only by Duncan Video,Inc., STATE STATUTE RESPECTING PRODUCTS IS EXPRESSLY EXCLUDED. DUNCAN VIDEO, INC. witch Duncan Video.Inc.oecrns necessary to establisli or maintain a security interest in the Equipment HEREBY DISCLAIMS ANY REPHESENTATON OR WARRANTY THAT PRODUCTS ARE COMPATIBLE listed on this invoice. WITH ANY COMBINATION OF NON-DUNCAN VIDEO.INC.PRODUCTS Purchaser MAY CHOOSE TO CONNECT TO PRODUCTS. ARTICLE 4.0-PRODUCTS: Products i:cvered by tors Agreement and the qunnimes thereof,are only those specifically identified rt this Agreement Products may be added to this Agreement only by the parties' ARTICLE 15.0-LIMITATION OF LIABILITY: THE LIABILITY OF DUNCAN VIDEO,INC.,IF ANY,AND arxcorl in writing,Duncan.Video.Inc.may make changes to Products that do rot adversely affect their Purchaser's SOLE AND EXCLUSIVE REMEDY FOR DAMAGES FOR ANY CLAIM OF ANY KIND fors fit or function without the prior approval of or notification to Purchaser.Duncan Video, Inc will give WHATSOEVER UNDER THIS AGREEMENT, REGARDLESS OF LEGAL THEORY. WILL NOT BE Puichaser prior nonce if Duncan Video.Inc; makes chances to Products that affect(herr form,fit or function GREATER THAN THE ACTUAL PURCHASE PRICE OF THOSE PRODUCTS WITH RESPECT TO WHICH ^r iii-continuos zny Prod•.c*s prior 101,diirdtrenl nereirnder.In such event.Dui,can Video,Inc,will use SUCH CLAIM IS MADE.UNDER NO CIRCUMSTANCES WILL DUNCAN VIDEO,INC.BE LIABLE TO ra omaple effurts to find a s:b4htute product acceptat;i;to Purchaser,in Purchaser's sole di�cretron.but, Purchaser FOR ANY SPECIAL,INDIRECT,INCIDENTAL OR CONSEQUENTIAL DAMAGES RELATIVE fall ir;that.'.he-i r'dher party may cancel any Company purchase order for P,nducts to the oxtent riot TO THIS AGREEMENT INCLUDING, BUT NOT LIMITED TO. DAA.IAGES FOR COMPENSATION, ,nl.v,ously fulfilled by giving The other notice,and neither party will be liable to the other for damages REIMBURSEMENT OR LOSS OF PRESENT OR PROSPECTIVE PROFITS, EXPENDITURES, tc,lit ing from drat cancellatio,i, INVESTMENTS OR COMMITMENTS.WHETHER MADE IN THE ESTABLISHMENT,DEVELOPMENT OR MAINTENANCE OF BUSINESS REPUTATION OR GOODWILL,COST OF CAPITAL.OR FOR ANY ARTICLE 5.0-PRICES AND PAYMENT: Purchaser w ll pay Duncan Video,Inc.those prices indicated in OTHER REASON WHATSOEVER,INCLUDING,BUT NOT LIMITED TO THE CLAIMS OF ANY THIRD ih:,x Agreement for Products. Unless otherwise provided. Duncan Video.Inc.may change orices for any PARTY.This limitation of liability will in no way affect Purchaser's right to seek appropriate relief Products.whose estimated celivery date indicated in this Agreement is more than sixty(60)days after the at law arising from or incident to any death,personal injury or property damage which is in any way daC=hereof,by giving Purchaser prior notice.If because of any price increase. Purchaser does not wish connected to Duncan Video,Inc.'s negligence,willful misconduct or strict liability in tort with to purchase Products previously ordered,then Purchaser may,as its sole remedy,cancel this Agreement respect to Products and their use. to the extent not previously fulfilled by giving Duncan 1Ade,o,Inc.notice within ten(10)days of that notice Un'ess otherwise provided in this Agreement,Purchaser must pay for Products to full within thirty(30)days ARTICLE 16.0-DEFAULTS: If Purchaser is in default o1 any of the terms or conditions of this Agreement a`their invoice date Purchaser may not make deductions or offsets of any kind from payments due Duncan or any other agreement with Duncan Video, Inc.,Duncan Video,Inc.may suspend further oerfoimance Vitueo. Inc. unless Purchaser has received a written credit memorandum train Duncan Video. Inc. under thrsAgreement. authorizing that deduction or offset. ARTICLE 17.0-TRADEMARKS: Purchaser acknowledges the validity of Duncan Video,Ines tracicnames ARTICLE 6.0-TRANSPORTATION COSTS: Unless otherwise pre•:rded in this Agreement,the prices for and trademarks appearing on Products.and Putchaser wall have no right to or interest in any trademarks Products indicated in this Agreement exclude all transportation costs,including,but not limned to,freight, or tradenarnes owner,used or clamed now or in the future by Duncan Video.Inc. insurance and special handling and packaging,and Duncan Video,hic,will prepay these costs and invoice tne-i to Purchaser ARTICLE 18.0-NOTICES:Any rotice given under this Agreement will be deemed to be sufficiently given when sent in writing by certified or registered mail or by facsimile or othe-rapid form of transmissiot.where ARTICLE 7.0-TAXES: The prices for Products b6cated in this Agreement exclude all taxes,including, receipt is acknowledged to the paaies at their:espe,^,ttve undresses set forth herein or as those a"dresses rut not firmed it,.sales oxcrs+s or use text-s.Purchasoi shall pay a I sales.use.ad valorem,excise and/or may bo subsequont y changed b}giving notice.The date cf wai;mg or transmission or any notice hen±miter any other taxes imposed r,either party by virtue of this Agreement,except for taxes based on Duncan will be deemed the date on which that notice has been given Video,Inc.'s net income Duni;jn Video,Inc.will invoice Purchaser for any of these taxes Duncan Video,Inc. is regally obligated to collect from Purchaser. ARTICLE 19.0-EXPORT: Pur:haler will nor export any PiodgetS o, related technology or software in violation of applicable U.S.laws and regulations Purchaser will be responsible for obtaining any egwred ARTICLE 8.0-ADJUSTMENTS: If the paces for PtgdUCtis indicated in this Agreement are prices which export licenses for Pioducts, have been reduced,either based:(a)on Purchaser's representation.that Company would purchase certain minimum quant ties of Products and Purchaser fails to purchase those minimtn7is,or,(b)on Purchaser's ARTICLE 20.0-ASSIGNMENT: Purchaser may not assign any of its rights or delegate any of its duties representation that Purchaser was purchas.ng Products for its own vise and not for resale b,it Purchaser or obligations under this Agreement without Duncan Video,Ine's prior written consent.which consent will resells same,then In addition to any other remedies available to Duncan Video.Inc.under this Agreement not be unreasonably delayed or withheld.Any assignment or delegation hereof by Purchaser without or Alowed by law for that default,Duncan Video.Inc,may retroactively increase those prices to make them Duncan Video,Inc.s consent will be deemed void, equal to those prevailing for the quantities of Products actually purchased by Company and/or for the apo-opiate tesaie class of ttado,and Duncan Video,Inc will invoice Purchaser for any resulting increase ARTICLE 21.0-WAIVER: Either party's waiver of the coin's default u:its obligations under any term or in p,ices, condition of this Agreement wilt riot in any way hind or affect that party's right to enforce and camper strict oomph, rco with that term or con&ion at any othr,r time or mite any othe:term or conditon ARTICLE 9.0-FINANCE CHARGE/COSTS OF COLLECTION: If Purchaser fail:to pay Duncan Video Irw 'or Product;,,,;hen due,'hon,in addition to any other remedies available to Duncan Video.Inc.,under ARTICLE 22.0-REMEDIES- Lack speahc r chi o, rss-it;4;accora:d:then parzv.:oder this Ag,eemen! 1,— 4greeme,t allowed by law for th,,ii default. Purchaser will pay Duncan Video.Inc air additional will riot he exclusive but cur RiLitive of all ill,: rights ar: emed:et, +cxxded tl:a'warty hereunder or mo^,they financli,g charge equal to the lesser of,tat TWO percent{2,1%);or,{11 the maximum monthly allowed by law tne,efor m+rxest rate allowed by law,on any amounts past due.chargeable during each month that payment remains outstanding and Duncan Vreeo.Inc.'s reasonable expenses of collection,including,but not landed to, ARTICLE 23.0-INVALIDITY: It any term w condition of tills Agreement is held invalid or unenforceable aborneys'and evpert's fees and court costs. by any court,in whole or in part,that term or condition will be construed and enforced to the greatest extent possible and the validity of the remaining terms and conditions w41 not be affected theretiv. ARTICLE 10.0-DELIVERY: All dehvery dates for P,oducts indicated in this Agreement are estimates given for referexe only and Duncan Vrdr:c. Inc,will use reasonabi;efforts to meet them Purchaser will ARTICLE 24.0-CHOICE OF LAW: This Agiaemeni will be construeo and enioreed in accordance will) not be excused from its obligation to pay for Products when finally delivered or from any of its other � the laws of}he Stare of Indiana,without reference to its conflicts of law principles Proper Venue for alt obi-gations hereunder.However,if Duncan Video,Inc,oelays delivery of Products by more than sixty(60) - actions arising from tills Agreement shall be Hamilton Courcy Indiana. days after the estimated delivery date,then Purchaser may,as its sole remedy,cancel any purchase order for Products to the extent not previously fulfilled by giving Duncan Video,Inc notice within ten(10)days. ARTICLE 25.0-SOFTWARE: Any License Agreement enclosed in the original factory packaging for antl neither party will be liable:to the other for damages resulting from that cancellation. Products will§tale those adddionar terms and dondihons of any license granted to Purchaser applicable to those Products In all other cases,any software furnished by Duncan Video.Inc.under this Agreement is ARTICLE 11,0-METHODS AND POINT OF DELIVERY:Unless otherwise provided in this Agreement, done so on a non-transferable ficonse-to-use Daws and all ght,title and interest tho,oin is and wit ertrain Duncan Video,Inc will choose the carrier for shioping Products,and all shipments of Products to Purchaser vested exclusively it Duncan V rise Inc or its licensors Purchaser will not decomaile,disassemble,or wia be from F.O.D.Duncan VrJoo.Inc. otherwiso derive the source cocb;of any soffwrre furnished by Duncan Video.Inc.nor will Purchase make any copies of such software.except that Purchaser may make one(t)copy of each such software Product ARTICLE 12.0-RISK OF LOSS:Risk of Toss of or deo+rages to any Products will pass to Purchaser upon for backup purposes only.Duncan Video,Inc.will return or destroy all cables of software upon cessation Dwican Video htc,s delivery of them to a,ommercrel carrier.All claims for damage to or loss of Products of related Product usage,All sorware furnished by Duncan Video.Inr, is to be considered confidential mutt be made by Purchaser directly to the carrier or the insurance company(as may be the case). information and will be held by Purchaser in strict confidence and disclosed on a need-tri-know,basis to only those at its employees who have agreed in writing to maintain the confidentiality of Purchaser provroed third ARTICLE 13.0-FORCE MAJEURE: Each party will be excused from any default in its obligations under party confidential information. this Agreement.ocher than the oayment of money due.resulting from any act or event beyond its reasonable control or responstbdty,including,but not limited to,acts of God,accident,fire,flood,storm,riot,war, ARTICLE 26.0 - ENTIRE AGREEMENT: This Agreement and any Appendices to this Ag,eement sabotage,explosion,strike,lockout,labor asturbance,national defense requirement,governmental action, supersede.terminate and otherwise void any and all prior written anWor oral agreements between the law.ordinance,rule or regulabon,whether valid or invalid,inability to obtain or curtailment of electricity or parties with respec;to Products There are no warranties,representations,or understandings of arty kind other types of energy,raw material,labor,component products or transportation,failure of normal sources or description whatsoever made by either party to the other,except such as are expressly set ratio herein Of supply,or any similar or different contingency which would make performance or timely performance This Agreement may be modified only by a written instrument signed by both partes making specific commercially impracticable Trio party relying on any of these acts or events of force majeute must give reference hereto ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL An invoice of 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. 00350601 Duncan Video, Inc. Terms 702 Adams Street Carmel, IN 46032 Invoice Invoice Description or note attached invoice(s)or bill(s)) PO# Amount Date Number ( X839 248.13 7123114 11025 Microphone headset Total±$:::: 248.13 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 i Voucher No. _ Warrant No. 00350601 Duncan Video, Inc. Allowed 20 702 Adams Street Carmel, IN 46032 In Sum of$ $ 248.13 ON ACCOUNT OF APPROPRIATION FOR 109 Monon Center Board Members PO#or INVOICE NO. CCT WTITLE AMOUNT Dept# 1096-22 74622 4239039 $ 248.13 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 21-Aug 2014 Signature $ 248.13 Accounts Payable Coordinator Title Cost distribution ledger classification if claim paid motor vehicle highway fund