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Home My WebLink About238358 10/21/14 ,CAA . ';'� CITY OF CARMEL, INDIANA VENDOR: 00350601 ® °1 ONE CIVIC SQUARE DUNCAN VIDEO INC CHECK AMOUNT: $ ......17.16' 4 CARMEL, INDIANA 46032 702 ADAMS CHECK NUMBER: 238358 ,,,_aN CARMEL IN 46032 CHECK DATE: 10/21/14 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 1110 4239099 11312 17.16 OTHER MISCELLANOUS duncan video,inc. m 702 adas street JHH Carmel,indiana 46032 DATE 0 9/3 0/14 telephone 317-815-6300 INVOICE 11312 fax 317-815-6310 800-538-2800 PAGE 1 S CITY OF CARMEL s CITY OF CARMEL L ONE CIVIC SQUARE H JOHN ELLTOTT. D CARMEL, IN 46032 P ONE CIVIC SQUARE T T CARMEL, IN 46032 O -9- CUSTOMER NO. P.O.NO. ORDER NO. SHIP VIA TYPE SALESMAN NO. 13022 J ELLIOTT 82039 OUR DELIVERY STOCK 30 *QTY.ORD.,QTY.SHP. B/O'' - -' - -DESCRIPTION— - - PRICE - "-TOTAL AMOUNT- 1 1 5258SUR, TIFFEN 52-58mm STEP-UP 9 . 91 9 . 91 RING. SPECIAL INSTRUCTIONS: INCOMING FREIGHT FROM MANUFACTURER SHIP/HAN 7 . 25 ALL RETURNS MUST BE ACCOMPANIED BY AN RMA# . ALL RETURNS ARE SUBJECT TO A 30% RESTOCKING CHARGE Please Remit To: Duncan Video, Inc. SUBTOTAL - 17 . 16 NET 30 DAYS 702 Adams Street TAX 0 . 00 Carmel, IN 46032 FREIGHT 0 . 00 INVOICE 11312 TOTAL 17 . 16 A Service charge of 2%.per month.will be.added totPast 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 CONDR T SONS ARTICLE 1.0-CERTIFICATION: Purchaser certifies that it will purchase Products only as a bonafide end user for its own Internal use,and except for used Products,will not resell same,unless otherwise provided ni Fi„Agrest ^' the other notice thereof promptly after it becomes known to that party.If any of these acts or events of force maleure exceed sixty(60)continuous or cumulative days,then 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 fulfilled by giving the other notice,and neither party will be liable financing of the Products hereunder:the semis and conditions of this Agreement,and the terms and to the other for damages resulting from that cancellation. cord:t,ons contained in any Appendices to:his Agreement,together form the entire agreement between the parties Any terms or conditions contained in any Company purchase order, request for quotation, ARTICLE 14.0-LIMITED WARRANTY: The warranty cards enclosed with Products state Duncan Video, acceptance or other purchasing documents concerning Products which are inconsistent with,different from Inc.'s limited warranty to Purchaser applicable to those Products.If Products are riot accompanied by or,,i.didition to the terms and conditions of this Agreement are void. warranty cards,Duncan Video.Inc.'s then current warranty applicable to those Products will apply Unless a separate service agreement has been colored into between[fie parties,all repairs to or replacements of ARTICLE 3.0-APPROVAL OF ORDERS: 'his Agreement and all Company purchase orders for Products Products after the expiration of file applicable warranty period will be Purchaser's responsibility unaer this Agreement are subject to acceptance by Duncan Video,Inc.:including,if appropriate.approval by Dwican Video, Inc s Credit Departmen, Upon notice by Dungan Video,Inc. Purchaser will furnish EXCEPT FOR THE FOREGOING WARRANTIES. Duncan Video, Inc. HEREBY DISCLAIMS AND Duncan Video.Inc.such hnanctai 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. sh-pri of Products 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 Purchaser authorizes Duncan Video,Inc to file financing statements,signed only by Duncan Video,Inc., STATE STATUTE RESPECTING PRODUCTS IS EXPRESSLY EXCLUDED. DUNCAN VIDEO, INC. which Duncan Video.Inc.deems necessary to establish or maintain a security interest in the Equipment HEREBY DISCLAIMS ANY REPRESENTATON 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 covered by itis Agreement,and the quentibes thereof.are only those specifically identified in this Aqreement Drooucts 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 agree:rnonf In rriung.Duncan Video,Inc nr„y make chnnrles to Products that do ret adversely alfect their Purchaser's SOLE AND EXCLUSIVE REMEDY FOR DAMAGES FOR ANY CLAIM OF ANY KIND torn f4 or dric:vn without the Dno•aopravul of or r,orfaanon to Purchaser Duncan Video, Inc will give WHATSOEVER UNDER THIS AGREEMENT, REGARDLESS OF LEGAL THEORY, WILL NOT BE �..c., v Nr •o'. •.,. c,r': •r.n _ .. -. 's at uYrr`tiler`o••r f t o'`u^ct.c' GREATER THAN THE ACTUAL PURCHASE PRICE OF THOSE PRODUCTS WITH RESPECT TO WHICH 1r-u,nu•i,.es an; `rr;,a•rcr.pits t r.til:^m” ,crura:t If such event Dunuan V deo,hu, will rise SUCH CLAIM IS MADE.UNDER NO CIRCUMSTANCES WILL DUNCAN VIDEO,INC.BE LIABLE TO i ea-,-wable enurts to rind a sub�ht:te ti r.i,iccer,t.d,l�.to Purcnaser,in Puichas-r'c sole uiscre0on,but, Purchaser FOR ANY SPECIAL.INDIRECT.INCIDENTAL OR CONSEQUENTIAL DAMAGES RELATIVE falling that.then either party may cancel any Company purchase order for Products to the extent not TO THIS AGREEMENT INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR COMPENSATION. previously 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, resulting from that cancellation. 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 will pay Duncan Video,Inc those prices indicated in OTHER REASON WHATSOEVER,INCLUDING,BUT NOT LIMITED TO THE CLAIMS OF ANY THIRD this Agreement for Products.Unless otherwise provided,Duncan Video.Inc.may change prices for any PARTY.This limitation of liability will in no way affect Purchaser's right to seek appropriate relief ProcLats,whose estimated delivery 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 data 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 Video,Inc.notice within ten(10)days of that notice. Unless otherwise provided in this Agreement,Purchaser;rust pay for Products in full within thirty(30)days ARTICLE 16.0-DEFAULTS: It Purchaser is in default of any of the terms or conditions of this Agieement of their invoice cede 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 performance Vroeo, Inc unless Purchaser has received a written credit memorandum from Duncan Video. Inc. under this Agreement. auinonzing that deduction or offset ARTICLE 17.0-TRADEMARKS: Purchaser acknowledges the validity of Duncan Video,Int.'s tradenarnes ARTICLE 6.0-TRANSPORTATION COSTS: Unless otherwise provided in this Agreement,the prices for and trademarks appearing on Products.and Purchaser will have no night to or interest in any trademarks Products indicated In this Agreement exclude all transportation costs,including,but not limited to,freight or tradenames owned,used or claimed now or in the future by Duncan Video,Inc. ensu,ince and special handling and packaging,and Duncan Video.Inc.will prepay these costs and invoice them to Purchaser. ARTICLE 18.0-NOTICES:Any notice given under this Agreement will be deemed to be sufficremly given when sent in writing by certified or registered mail or by facsimile or other rapid form of transmission where ARTICLE 7.0-TAXES: The prices for Products indicated in this Agreement exclude all taxes,including, receipt is acknowledged to the parties at their respective addresses set forth herein or as those addresses but not limited In.sales.excise or use taxes Pdrnhas or.cp;dl-pay ail sail:s;ase.ad valorem,-e-cisc arrwror- -tmiy ho scbsoquonify changed by giving noffca-The date of mailing or transmission of any notice hr,ronnder are, ;•Bcr taxes imposed on either party by nuue of this Agreement,except for taxes based on Duncan will be deemed the date on which that notice has been given. Video.Inc.'s not income Duncan Video Inc will invoice Purchaser for any of these taxes Duncan Video.Inc. is legally obligated to collect from Purchaser. ARTICLE 19.0-EXPORT: Purchaser will not export any Products or related technology or software in violation of applicable U.S.laws and regulations Purchaser will be responsible for obtaining any required ARTICLE 8.0-ADJUSTMENTS: If the prices for Products indicated in this Agreement are prices which export licenses for Products. have been reduced,either based:(a)on Purchaser's representation that Company would purchase certain minunurm quantities of Products and Purchaser fails to purchase those minimums lir,(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 purchasing Products for its own use and not for resale but Purchaser or obligations under this Agreement without Duncan Video,Inc.'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 allowed 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, egw,i to those prevailing for file quantities of Products actually purchased by Company andior for the appropriate resale class of trade,and Duncan Video;Inc will invoice Purchaser for any resulting increase ARTICLE 21.0-WAIVER: Either party's waiver of the other's default in its obligations under any term or in arises condition of this Agreement will not in any way limit or affect that party's right to enforce and compel strict co,iiphanco v;rth treat tine or conditiona:any o@i;•time or twit.`•any ether Conn or condrtior ARTt(.:LE 9.0- FINANCE CHARGE/COSTS OF COLLECTION: If Purchaser fails I,pay Video Inc tar Products when due.then.in addition to any other remedies available to Duncan Video,Inc,under ARTICLE 22.0-REMEDIES: Each specific light or remedy accorded either party under this Agreement this Agreement or allowed by law for that default,Purchaser will pay Duncan Video,Inc.an additional will not be exclusive but cumulative of all other rights and remedies accorded that party hereunder or monthly financing charge equal to the lesser of:(a)TWO percent(2.0'.•x);or,(b)the maximum monthly allowed by law therefor interest rate allowed by law,on any amounts east due,chargeable during each month that payment remains outstanding and Duncan Video,Inc's reasonable expenses of collection,including,but not limited to, ARTICLE 23.0-INVALIDITY: If any term or condition of this Agreement is held invalid or unenforceable attorneys'and expert'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 will not be affected thereby ARTICLE 10.0-DELIVERY: All delivery dates for Products indicated in this Agreement are estimates given for reference only and Duncan Video.Inc will use reasonable efforts to meet them.Purchaser will ARTICLE 24.0-CHOICE OF LAW: This Agreement will be construed and enforced in accordance with not be excused from its obligation to pav+or Products when finally delivered or from any of its other the laws of the State of Indiana without reference to its conflicts of law principles.Proper Venue for all obhq•;tions hereunder However,if Duncan'l-ico,Inc delays delivery of Products by more than sixty(60) actions arising from this Agreement shall be Harniiton County,Indiana. days after the estimated delivery dare then Purchaser may,as its sole remedy.cancel any purchase order for Products to the extert not pre•:ousiy fulvliod h;giving Duncan Video,Inc.notice within ten(10)days, ARTICLE 25.0-SOFTWARE: Any License Agreement enclosed un the original factory packaging for and n<,rther party tvdi be liable to tate other for;:arnayes resrdting from that cancellation Products will stale those additional terms and conditions 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 othermse provided in this Agreement, done so on a non-transferable license-to-use basis and all right.title and interest therein is and will remain Duncan Video,Inc will choose the canner for shipping Products,and all shipments of Products to Purchaser vested exclusively in Duncan Video. Inc.or its licensors.Purchaser will not decompile.disassemble,or will b,:from F i Duncan Video,Inc otherwise delve the source code of any software furnished by Duncan Video,Inc nor will Purchaser make any copies of such software.except that Purchaser may make one(1)copy of each such software Product ARTICLE 12.0-RISK OF LOSS:Risk of loss of or damages to any Products will pass to Purchaser upon for backup purposes only.Duncan Video,Inc.will return or destroy all copies of software upon cessation Duncan Video.Ira's delivery of them to a commercial carrier.All claims for damage to or loss of Products of related Product usage.All software furnished by Duncan Video,Inc.is to be considered confidential must 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-to-know basis to only those of its employees who have agreed in writing to maintain the confidentiality of Purchaser provided third ARTICLE 13.0-FORCE MAJEURE: Each party will be excused from any default in its obligations under party confidential information this Agreement.other than the payment of money dui resulting from any act or event beyond its reasonable cont,(,i or respon,0dddy,Including,but riot i rented to, ,,:is of God,accident,fire fi,)od,,,torn, not .oar, ARTICLE 26.0 - ENTIRE AGREEMENT: Ti,is Agreement and air;Appendices this Agreomoni satowarge.explosion,stripe.lockout.labor dist°-obance.national defense requirement,governmental action. supersede.terminate and otherwise void any and all prior written and%or oral agreements between the la:v,ordinance rule or regulation whether valid or invalid,inability to obtain or curtailment of electricity or parties with respect to Products.There are no warranties,representations,or understandings of any kind other*rpes of energy,raw-materia', labor,component products or transportation,failure of normal sources or description whatsoever made by either party to the other.except such as are express's set forth herein. of sw-ply,or any similar or different contingnilay which would make performance or timely performance This Agreement may be modified only by a written instrument signed by both parties making specific commercially impracticable The party relying on any of these acts or events of force maleure must give reference hereto. 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)) 09/30/14 11312 lab supplies $17.16 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 VOUCHER NO. WARRANT NO. ALLOWED 20 Duncan Video, Inc. IN SUM OF $ 702 Adams Street Carmel, IN 46032 $17.16 ON ACCOUNT OF APPROPRIATION FOR Carmel Police Department PO#/Dept. INVOICE NO. ACC-r#/TITLE AMOUNT Board Members 1110 I 11312 I 42-390.99 I $17.16 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 Wednesday October 15, 2014 4/Z Chief of Police Title Cost distribution ledger classification if claim paid motor vehicle highway fund