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HomeMy WebLinkAbout239986 12/09/14 �%' CITY OF CARMEL, INDIANA VENDOR: 114000 ® 1 ONE CIVIC SQUARE GRAYBAR ELECTRIC CO, INC CHECK AMOUNT: $*****1,092.47* f ,a; CARMEL, INDIANA 46032 12431 COLLECTIONS CENTER DRIVE CHECK NUMBER: 239986 9,�,,�oN,�� CHICAGO IL 60693 CHECK DATE: 12/09/14 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 1093 4350000 975990831 700.78 EQUIPMENT REPAIRS & M 1125 4238900 976041318 134.19 OTHER MAINT SUPPLIES 1093 4350000 976108353 257.50 EQUIPMENT REPAIRS & M Remit To: 8 :12431 COLLECTIONS CENTER DRIVE G=WbEJL CHICAGO IL 60693-2431 317-821-5700 or ARQuestions(&graybar.com INVOICE Invoice No: 975990831 MB 01 001399 13862 B46 C Invoice Date: 11/19/2014 'IIIA'�I'1111'11�I�I'I.��II'II'�111111111�1�1111��111111������11 Account Number: 0000414887 CARMEL CLAY PARKS&RECREATION Account Name: CARMEL CLAY PARKS& 1411 E.116TH ST CARMEL IN 46032-7611 RECREATION 7DEC = 1 2014 BY:_ Ship to: CARMEL MONON COMUNITY CENTER ATTN:JIM RANSFORD 1250 CENTRAL PARK DRIVE E Q O 0 CARMEL IN 46032 -- - --Page-1-of-1 ------ - - Order No:37817 SO#:349446755 Del.Doc.#: I PRO# Routing Date Shipped Shipped From F.O.B. Rt.To 8000407785 1 1Z6A3R960319669257 I UPS 11/19/2014 1 ZONE-YOUNGSTOWN,OH S/P-F/A Quantity Catalog#/Description Unit Price / Unit Amount 3 40 F42TBX/841/A/ECO GENERAL ELECTRIC LIGHTING 6.93 / 1 277.20 ;�`•I CFL TRIPLE BIAX PLUG-IN T4 Del.Doc.#: JPRO# Routing Date Shipped I Shipped From F.O.B. Rt.To 8000407844 GRAYBAR TRUCK 11/19/2014 1 ZONE-JOLIET,IL S/P-F/A 6 MXR70/U/MED/O GENERAL ELECTRIC LIGHTING 22.23 / 1 133.38 MH LAMP ITEM#:PM:FOR OPEN RATED FIXTURES 6 MXR70/U/MED GENERAL ELECTRIC LIGHTING 16.78 / 1 100.68 m MH LAMP 0 4 71A5492001D PHILIPS LIGHTING ELECTRONICS 47.38 / 1 189.52 MH BAL 15OW M102/142 QUAD KIT Terms of Payment Sub Total 700.78 _ Freight 0.00 —. -Net-30 Days— —- — --- --Handling- - —— -- — -0.00--_ As 0---As a condition of the sales agreement,a monthly service charge of the lesser of Tax 0.00 1-1/2%or the maximum permitted by law may be added to all accounts not paid Total Due 700.78 by net due date.Visa,MasterCard,American Express,and Discover credit cards are accepted at point of purchase only. i Subject to standard terms and conditions on the reverse side. GRAYBAR ELECTRIC COMPANY,INC. TERM$AND CONDITIONS OF SALE I ACCEPTANCE OF ORDER;TERMINATION-.Acceptance ofany order is subject to credit approval ai-rdaccerptnrice of&derby Graybar Electric Corn credit . ..y. . . goods - becomes unsatisfactory t .0 and,.When ap*.plidablei Gr8ybar's suppliers..if dredi of the buyer Of the goods C.Tuyee)betom"Unsia�sifactdr 0 phy,Inc ("Gfaybar)8 ... ... .0 y t Graybar, Graybar reserves the right to terminate upon notice to Buyer and without ut liability to Graybar; 2. PRICES AND SHIPMENTS-Unless otherwise quoted,prices shalt:be those in effect at time of shipment,which shall be madeF.*O.B.shipping point, prepaid and bill. 3. RETURN OF GOODS-Credit may be allowed for goods returned with prior approval.A deduction may be made from credits issued to cover cost of handling. 4. TAXES-Prices shown do not include sales or other taxes imposed on the sale of goods:Taxes now orhereafter imposed upon sales-Or'shipments will be added to the purchase price. Buyer-agrees to.reimburse Graybar for any such tax or provide Graybar'with acceptable tax exemption certificate. 5.. DELAY IN DELIVERY"Graybar is not to:be accountable for delays in delivery Occasioned byacts of God,failure of its suppliers to ship or deliver on:time,or other circumstances beyond Graybar's reasonable control.Factory shipment or delivery dates are the best estimates of our suppliers, and in no case shall Graybar be-liable'For any consequential or special damages arising from any delay in shipment of delivery. 6.. LIMITED WARRANTIES _Graybar warrants that all goods sold are free of any security interest and will make available to Buyer all transferable warranties(including without limitation warranties with respect.to intellectual property infringement)made to Graybar by the manufacturer of the goods.. GRAYBAR MAKES NO OTHER EXPRESS OR IMPLIED WARRANTIES,AND*SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING BUT NOT LIMITED TO THE IMPLIED VVARRANTIES OF MERCHANTABILITY AND FITNESS FOR.PURPOSE-UNLESS OTHERMSE AGREED r IN WRITING BY AN AUTHORIZED REI RESENTATIVE OF GRAYbAR,PRODUCTS SOLD HEREUNDER.ARE NOT INTENDED FOR USE.IN OR IN CONNECTION WITH-(I)AW SAFET�y APPLICATION OR-T-HE-C-ON-TAI[qME�14-T-A!RtiA-oF-A-t4UCLEAR FACILITY OR (2)INA-HEALTHCARE- WHERE.THE GOODS HAVE POTENTIALTOR DIRECT PATIENT CONTACT OR WHERE A SIX(6)FOOT CLEARANCE.FROM A P.AtIEN'T CANNOT BE MAINTAINED AiTALL TIMES.. 7. LIMITATION OF LIABILITY-Buyers remedies Under this agreeffient-8re subject to any limitations contained in manufacturers terms and cbridifiah§ to Graybar,a copy of which will be furnished upon written.request.Furthermore,.Graybar`s�liability:shall be limited to either repair or replacement of the goods or refund of the purchase price,all 11 at Graybars option,and.IN NO CASE SHALL GRAYBAR BE LIABLE FOR INCIDENTAL,SPECIAL,OR CONSEQUENTIAL DAMAGES. In addiliort,claims for shcirtages,other than lost in transit,must be made in writing not more than five(5)days after receipt of shipment. 8.. WAIVER-The failure of Graybar.-to insist upon the performance-of any of the terms or conditions of this'ag I reement or to-exercise any right hereunder shall notbe deemedtobe a WaPer-ol'such terms,conditions,'or rights In the future,nor shall it be deemed to be a waiver of any Other term,condition, or:daht:under this agreement. 9.. MODWICATION OF TERMS AND CONDITIONS-These terms and conditions supersede ail.other communications!negotiations, and prior oral or written statements:regarding the,subject matter Of these terms and conditions.No change,modification,rescission,discharge,abandonment, or waiver of these terms and-cor ditions.shall be.binding upon Graybar unless made in writing and signed.on its.behalf by a duly authorizedrepresen- tafive of Grayhar.No conditions usage.of trade,course.of dealing or performance,understanding or agreement,.purporting to modify,vary,explain, or supplement these terms and conditions shall be binding unless hereafter made in writing and signed by the patty to be bound.Any proposed modifications or additional termt;are spe=cifically rejected and deemed a materiat alteration hereof.If this document shall be deemed an acceptance. of a prior offer by Buyer,such aceptance-is expressly conditional upon Buyer's asseni:.io any additional ordiffereni terms set forth herein. 10. REELS-When Graybar ships returnable reels,areel deposit may be included in the invoice.The Buyer should contact the nearest Graybar service location to return reels. 11. CERTIFICATION-Graybar hereby certifies that these goods were:produced in compliance with alf applicable requirements of Sections 6,7,and-12 of the.Fair Labor Standards Act,as amended,and of regulations and orders of the United States Department ofLabor issued under Section 14 thereof. Thisagreement.is subject to Executive Order 11248;:as.amended,the Rehabilitation Act of 1973,as amended,the Vietnam Veterans'ReadjustmentAssistance Act of 1974,as amended,E.O.13498,25 CFR Part 471,Appendix.Ato Subpart A,and the corresponding:regulations,to the extent:required bylaw.41 CFR 60-1.4,60-741.5,and 60-250.5 are incorporated herein by reference,to the extent legally required. -to 1Z-FORE=IGN-CORRUPT. pli�7 i tion,(i)the United States Foreign Corrupt Practices Act(FCPA)(15 U..8.C.§§78dd-1,et.seq.)irrespective.of the place ofperformance,and(ii)laws and regulations implementing.the Organization for Economic Cooperation and Development's Convention:on:Combating Bribery of Foreign Public Officials in Iraternational.Business Transactions,the U_N,.Convention Against Corruption,and the jinterAmerican Convention Against.Gorruptloa.in Buyer's country or any country yvhere performance of thisagreement or delivery of goods will.occur. 13. ASSIGNMENT-Buyer shall not assign its rights or delegate its duties hereutider or any interest hereinwithoutthe prior written consent of Graybar, and any such assignment withOut such-consent,shall be void. 1.4. GENERAL PROVISIONS.-All typograt)hical:or clerical errors made by Graybar in any quotation,acknoviliedgment&publication are subject to correction.This agreement shall be governed by the laws of the State of Missouri applicable to contracts to be formed and full/performedwithinthe State:of Missouri,without giving.effect to the choice or conflicts of law provisions thereof.All quits arising from Or concerning this'agreement shall befiled inthe Circuit Court of'S".Louis County,Missouri,orth6'.United States District Codrt for the Eastern District ofMissouri,and noother place unless Otherwise determined in Gf6ybar's sole discretion.Buyer hereby irrevocably contents to the jurisdiction of such court orcourts and agrees to'appear In any such action up 5n written notice thereof.. 1.5. EXPORTING-Buyer acknoWle:toes that this order and the performance thereof are subject to compliance With any and 611 applicable United States laws, regulations,or orders. Buyer agrees to comply with all such laws, regulations,and orders,-including, if applicable, all'requirements of the International Traffic in Arms Rei;julations andlor the Export Administration Act,as may be amended.-Buyer further agrees that if the export laws a re applicable,it Will not disclose or re-export any technical data received under this order.to any countries for which the United States:government E-2 requires ari export license or other:supporting docurtientation at the time of export:or transfer,unless Buyer has obtained prior Written authorization from the United States Office of Export Control or other authority responsible for such matters. Remit To: 12431 COLLECTIONS CENTER DRIVE CHICAGO IL 60693-2431 317-821-5700 or ARQuestions(Wgraybaccom INVOICE Invoice No: 976018353 MB 01 001446 14593 B 6 C Invoice Date: 11/20/2014 1111'I'II""�1111111�111'II1��1'I'I'111�1111�11111111"11111111 Account Number: 0000414887 CARMEL CLAY PARKS&RECREATION Account Name: CARMEL CLAY PARKS& 1411 E.116TH ST CARMEL IN 46032-7611 RECREATION ' �•T•° ``F 7T NOV 2-5 2014 Ship to: CARMEL MONON COMUNITY CENTER ATTN:JIM RANSFORD 1250 CENTRAL PARK DRIVE E CARMEL IN 46032 - --- Order No:37817 SO#:349446755 Del.Doc.#: PRO# Routing Date Shipped Shipped From F.O.B. Rt.To 8000407649 GRAYBAR TRUCK 11/20/2014 1 INDIANAPOLIS,IN S/P-F/A =_ - Signed For By: MIKE K. _= Quantity Catalog#/Description Unit Price / Unit Amount 50 F26TBX/841/A/ECO GENERAL ELECTRIC LIGHTING 5.15 / 1 257.50 CFL TRIPLE BIAX PLUG-IN T4 Terms of Payment rrt Sub Total 257.50 Freight 0.00 Net 30 Days Handling 0.00 As a condition of the sales agreement,a monthly service charge of the lesser of Tax 0.00 1-1/20/6 or the maximum permitted by law may be added to all accounts not paid Total Due 257.50 by net due date.Visa,MasterCard,American Express,and Discover credit cards are accepted at point of purchase only. a 0 0 31g v� I I ") (�� 3 � Kjvc) � Subject to standard terms and conditions on the reverse side. 1 GRAYBAR ELECTRIC COMPANY,INC. TERIyIS AND CONDITIONS OF SALE. 1. ACCEPTANCE OF ORDER;TERMINATION-.Acceptance of:any order is subject to credit approval and acceptance of order by Graybar Electric Corrtpariy;;Irie:(`Graybar.)a.nd,,rphen applicatiie;Grayba,r's suppliers.If credit of the buyer of the goods("Buyer")becomes unsatisfactory to Graybar. Graybar reserves the right to ter'rnina:ie upon notice to Buyer and without liability to Graybar: 2. PRICES AND SHIPMENTS-Unless otherwise quoted,prices shall:be those in effect at time of shipment,which shall be made:FO.B.shipping point, prepaid and bill. 3. RETURN OF GOODS-Credit may be allowed for goods returned with prior approval:A deduction may be made from credits issued to cover cost of handling, 4. TAXES-Prices shown do not include sales or other taxes imposed on the sale of goods,Taxes now or hereafter imposed upon sales or'shipments will be added to the purchase price.Buyer-agrees to.reimburse Graybar for any Such tax or provide Graybar with acceptable tax exemption certificate. 5.. DELAY]N DELIVERY_Graybar:is n6t to:be accountable for delays in delivery occasioned by acts of God,failure of its suppliers to ship or deliver on time,or other circumstances beyond Graybar's reasonable control.Factory shipment or delivery dates are the:beast estimates of our suppliers, and in no case shall Graybar be liable for any consequential or special damages arising from any delay in shipment or delivery. 5.. LIMITED WARRANTIES _ Graybar vgarrarts that.all goods sold are free of any security interest and will make available to Buyer all transferable: warranties(including without limitation warranties with respect.to intellectual property infringement):made to Graybar by the manufacturer of the goods. GRAYBAR MAKES P40 OTHER:EXPRESS OR IMPLIED WARRANTIES,AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES iNCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS.FOR.PURPOSE..UNLESS OTHERWISE AGREED IN WRITING BY AN AUTHORIZED REPRESENTATIVE OF GRAYBAR,.PRODUCTS SOLD HEREUNDER ARE NOT INTENDED FOR USE.IN:OR IN CONNECTION WITH{1).ANY SAFETY-APPLICATION OR THE-CONTAINMENT ARETa OF A NUCLEAR-FACILITY OR(2) IN A HEALTHCARE- -- --- ---- ---- - - APPLICATiot4-WHERE-THE--GOoDSJHAVE-POTENTFAL.FOR i�IRECT PATIENT CONTACT OR WHERE A SIX(6)FOOT CLEARANCE.FROM A PATIENT CANNOT BE MAINTAINED AT ALL TIMES., 7. LIMITATION OF LIABILITY-Buyer's remedies under this agreementare subject to any limitations contained in manufacturer's terms and condit'ioN§ to Graybar,a copy of which~rill be furnished upon written request.Furthermore,Graybar's liability:shall be limited to either repair or replacement of the goods or refund of the purchase price,all at Grayba:rsoption,and-IN NO CASE SHALL,GRAYBAR BE LIABLE FOR INCIDENTAL.;SPECIAL,OR CONSEQUENTIAL DAMAGES.In addition,claims for shortages otherthan loss in transit,must be made in writing hot more than five(5.1 days after receipt of shipment. 8. WAiVER-The faiiure of Graybar to insist.upon the performance of any of the terms or conditions of this agreement or to exercise any right hereunder shall not be deemed to be a waiver of such terms,conditions,or rights in the future,nor shall It be deemed to be a waiver of any other terra,condition, or:right:under this agreement. 9. MODIFICATION OF TERMS AND CONDITIONS-These terms and conditions supersede all other communications; negotiations, and prior-oral' or written statements regarding the subject matter of these terms and conditions.No change,modification,rescission, discharge,abandonment, orwaiver of these terms and cgnditions,shall be:binding upon Graybar unless made in writing and signed.on its.behaif by a duly authorized represen- tative of Graybar.No conditions,usage:of trade,course of dealing orperformance,understanding.or agreement,purporting to modify,,vary,explain, or supplement these terms and conditions shall be binding unless hereafter made in writing and signed by the party to be bound.Any proposer! modifications or additional terms are specifically rejected and deemed a material.alteration hereof.If this document shall be deemed an:acceptance of a prior offer by Buyer,such acceptance,is expressly condibonai upon Buyer's assent.to any additional or different terms set forth herein. 10. REELS-When Graybar ships returnable reels,a reel deposit may be included in the invoice.The Buyer should contact the nearest Graybar service location to.return reels. 11. CERTIFICATION-Graybar hereby certifies that these goods were produced in compliance with aif applicable requirements of Sections 6,.7,and 12 of the Fair Labor Standards Act,as amended,and of regulations and orders of the United States Department of Labor issued under Section 14 thereof. This agreement is Subject to Executive Order 11246;:as.amended,the Rehabilitation Act of 1873,as amended,thelretnam Veterans'Readjustment Assistance Act of 1*974,as amended,E.0,134G6,29 CFR Part 471.,Appendix.Ato Subpart A,and the corresponding regulations,to the extent:required by law.41 CFR 60-1..4,60-741.5;and 60-250.5 are incorporated herein by reference,to the extent legally required. -7:2 1=DRF1Gr1,CDRRGIPTP_kACJ3 C ES-A C,[_$vye .shall,�mply`witbap riG�bre_Iawsanctregulatiotasrelatisag-t9-antl Gorr.Upti4n-im. luding-withgut:IiTnita- tion.(i)the United States Foreign Corrupt Practices Act(FC-PA)(15 U_S.C.§§78dd-1,et.seq.)irrespective of the place otperformance,and(il)laws and regulations implementing.the Organization for:Economic Cooperation and Development's Convention on Combating Bribery of Foreign.Public Officials in International Business Transactions,the U-N..Convention Against.Corruption,and the inter-American Convention Against'Gorruption in Buyer's country or.any country where performance of this agreement or delivery of goods wilt occur. 13. ASSIGNMENT-Buyer shall not assign its rights or delegate:its duties hueuhder or any interest herein without the prior written consent of Graybar, and any such assignment,without such consent,shajl be void. 14. GENERAL PROVISIONS-All typographical or clerical errors made by Graybar in any quotation;acknowledgment or publication are subject to correction.This agreement shall be governed by the laws of the State of Missourl applicable to cohtracts to be formed and fully performed within the Stage:of Missouri.,without giving,effect to the choice or conflicts of law provisions thereof.All suits arising from or concerning this agreement shall be filed in the Circuit Court of St.Louis County,Missouri,or the United States District Court for the Eastern District of Missouri,and no other place uniess otherwise determined in Graybar's sole discretion.Buyer hereby irrevocably consents to the jurisdiction of such court orcourts and agrees _..., to appear in any Such action upon written notice thereof- 15. EXPORTING-Buyer acknoWledges that this order aind the performance thereof are subject to compliance with any and all applicable United States laws, regulations,.or orders. Buyer agrees to comply with all such laves, regulations,and orders, including, if applicable, all requirements of the International Traffic in Arms Regulations andfor the Export AdMinistration Act,as nosy be amended:Buyer further agrees that if the export laws are applicable, it Wili not disclose or re-export any technical data received'under this order to any countries for which the United States government m requires anexport license or othersupporting documentation at the time of export:ortransfer,unless Buyer has obtained prior written authorization o from the United States Office of Export Control or other authority responsible for such matters. , 0 N Remit To: 19: 12431 COLLECTIONS CENTER DRIVE GmUbW& CHICAGO IL 60693-2431 317-821-5700 or ARQuestionsC@cimybar.com INVOICE Irnroice No: 976041318 MB 01 001345 15312 B 6 C Invoice Date: 11/21/2014 Account Number: 0000414887 CARMEL CLAY PARKS&RECREATION Account Name: CARMEL CLAY PARKS& 1411 E.116TH ST CARMEL IN 46032-7611 RECREATION RER N 0 V 2:5 2014 BX: Ship to: CARMEL CLAY PARKS&REC/MAIN 1427 E.116TH STREET CARMEL-IN-46032;-3455 -- - ___-- Page-1-of-1- Order age1-of_i_Order No:XX-1420 SO#:349478075 Del.Doc.#: JPRO# Routing Date Shipped Shipped From F.O.B. Rt.To 8000452853 GRAYBAR TRUCK 111/21/2014 1 ZONE-JOLIET,IL S/P-F/A Quantity Catalog#/Description Unit Price / Unit Amount '3 75 25BC 25PK GENERAL ELECTRIC LIGHTING 0.41 / 1 30.75 B10 CAND LAMP F-24— 050GU10/FUCD GENERAL ELECTRIC LIGHTING 4.31 / 1 103.44 5OW 120V HALOGEN LAMP Terms of Payment Sub Total 134.19 Freight 0.00 Net 30 Days Handling 0.00 As a condition of the sales agreement,a monthly service charge of the lesser of Tax 0.00 1-1/2%or the maximum permitted by law may be added to all accounts not paid Total Due 134.19 a by net due date.Visa,MasterCard,American Express,and Discover credit cards are accepted at point of purchase only. Lj 05 4r AO U X 14QD r�J'"4'1n8g0 o Subject to standard terms and conditions on the reverse side. GRAYBAR ELECTRIC COMPANY,INC. TERPIIS AND CONDITIONS OF SALE 1. ACCEPTANCE OF ORDER;TERMINATION—.Acceptance of:any order is subject to credit approval and:acceptance of order by Graybar Electric Gofnpariy;:Erie:{"Gtayba.t".)and,.viieii applicaEiie;Graytiar's suppliers.if credit of the buyer of the goods("Buyer"}becomes unsatisfactoly to Graybar, Graybar reserves the right to terminate upon notice to Buyer and without liability to Graybar, 2.. PRICES AND SHIPMENTS—Unless otherwise quoted,prices shall:be those in effect at time of shipment,which shall be made:17.0.8.shipping point, prepaid and bill. 3. RETURN OF GOODS—Credit may be allowed for goods returned with prior approval.A deduction may be made from credits issued to cover cost of handling. 4. TAXIES.—Prices shown do not include sales or other taxes imposed on the sale of goods,Taxes now or hereafter imposed:upon sales orshipments will be added to the purchase price.Buyer-agrees to.reimburse Graybar for any Stich tax or provide Graybar with acceptable tax exemption certificate. S.. DELAY IN DELIVERY_Graybar:is not to:be accountable for delays in delivery occasioned by.acts of God,.failure of its suppliers to ship or deliver ontime,or othercircumstances beyond Graybar's reasonable controL.Factory shipment or delivery dates are the best estimates of our suppliers, and in no case shall Graybar be liable for any consequential or special damages arising from any delay in shipment or delivery. 6.. LIMITED WARRANTIES _Graybar warrants that.all goods sold are free of any security interest and will make available to Buyer all transferable warranties(including without limitation warranties with respect to intellectual property infiingement)made to Graybar by the manufacturer of the goods. GRAYBAR MAKES NO OTHER:EXPRESS OR IMPLIED VrlARRANTIES..AND'SPECiFiCALLY DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING BUT NOT LIMITED TO TETE IMPLIED V'JARRANTIES OF MERCHANTABILITY ANIS FITNESS.FOR.,PURPOSE_UNLESS OTHERWISE AGREED IN VVRITING BY AN-AUTHORIZED REPRESENTATIVE OF GRAYBAR,,PRODUCTS SOLD HEREUNDER ARE NOT:INTENDED FOR USE.IN OR IN CONNECTiO:N-tMTH_(1)AINY__SAFETY APPLICATiON OR THE CONTAINMENT AREA OF A NUCLEAR FACILITY, OR(2)IN A-HEALTHCARE APPLICATION,1NHERE.THE GOODS HAVE POTENTIAL.FOR DIRECT PATIENT CONTACT OR WHERE ASIX(6)FOOT CLEARANCE.FROM A PATIENT CANNOT BE MAINTAINED AT ALL TIMES, 7. LIMITATION OF LIABILITY—Buyers remedies under this agreementare subject to any limitations contained in manufacturer's terms and conditions to Graybar,a copy of which will be furnished upon written request.Furthermore,Graybar's liability:shall be limited to either repair or replacement of the goods or refund of the purchase price,all at Graybaa's option,and JN NO CASE SHALL GRAYBAR BE LIABLE FOR INCIDENTAL,SPECIAL,OR CONSEQUENTIAL DAMAGES. In addition,claims for shortages,otherthan loss in transits,must be made in writing not more than free(S)days after receipt of shipment. 8. WAIVER—The failure of Graybar to insist upon the performance of any of the terms or conditions of this agreement or to exercise any right hereunder shall not be deemed to be a waiver-of such terms,conditions,or rights in the future,nor shall:lt be deemed to be a waiver of any other terra,condition, or:riaht:under this agreement. 9. MODWICATION'OF TERMS AND CONDITIONS—These terms and conditions supersede all-other communications;negotiations, and prior oral or written statements:regarding the subject rnatter of these terms and conditions.No change,modification,rescission,discharge,abandonment, or:waiverof these terms and conditions shall be:binding upon Graybar unless made in writing and signed.on its:behalf by a duly authorized.represen- tative of Graybar,No conditions,usage:of trade,course of dealing orperformance,understanding.or agreement,_.purporting to modify,.vary,explain, or supplement these terms and conditions shall be binding unless hereafter made in writing and signed by the party to be bound.Any proposed modifications or additional terms are specifically rejected and deemed a material alteration hereof.If t€Js document shall be deemed anacceptance. of a prior offer by Buyer,such acceptance is expressly conditional upon Buyer's assent.to any additional or:differeni terms set forth herein. 10. REELS—When Graybar ships returnable reels,a:reel deposit may be included in the invoice.The Buyer should contact the nearest Graybar service location to return reels. 11. CERTIFICATION—Graybar hereby certifies'hat these goods were produced in compliance with alf applicable requirements of Sections 6,.7,and 12 of the Fair Labor Standards Act,as amended,and of regulations and orders of the United States Department of.Labor issued under Section 14 thereof: This:agreement is subject to Executive Order 11246;as amended,the Rehabilitation Act of 1,973,as amended,the Vietnam Veterans'Readjustment Assistance Act of 1974,as amended,E.O.13498,29 CFR Part 471.,Appendix.A.to Subpart A,and the corresponding regulations,to the extent:required by Jaw.41 CFR 60-1.4,60-741.5;and 60-250.5 are.incorporated herein by reference,to the extent legally required. - - - ---- -- -- - 12._ FOREIGN)OO€ZRUPT PRA.GTICES AC-T---5uyer-shall comply-with-applicable lawsand regulationsrelatingto-anti-colruptior►;rR.c ud.ing;tivithor�tiiTnita- —" tion,(i)the United States Foreign Corrupt Practices Act(FCPA)(15 U..S.C.3§`18dd-1,et.seq.)irrespective of the place of performance,acid(ii)laws and regulations implementing.the Organization for Economic Cooperation and Development's Convention on Combating Bribery of Foreign Public Officials in Interr?ational Business Transactions„the U.N..Convention Against Corruption,and the Jnter-Arnedcan Convention Against Corruption.in Buyer's country or any country where performance of this.agreement or delivery of goods will occur.. 13. ASSIGNMENT—Buyer shall not assign its rights or delegate:its duties hereuhder or any interest herein the prior written consent of Graybar, and any such assigrime.rit,without such consent;shallbe void. 14. GENERAL PROVISIONS—All typographical or clerical errors made by Graybar in any quotation,acknowledgment or publication are subject to correction.This agreement shall be governed by the laws of the State•of Missouri applicable to contracts to be formed and fully performed within the State of Missouri,without giving,effect to the choice or.conflicts of laity provisions thereof.All suits arising from or concerning this agreement shall be filed in the Circuit Courts of St.Louis County,Missouri,or the United States District Court for the Eastern District of Missouri,and no other place unless otherwise determined in Gfaybar's sole discretion.Buyer hereby irrevocably consents to the jurisdiction ofsuch court or courts and agrees �1.. to appear in any such action upon written notice thereof.. 15. EXPORTING—Buyer acknowledges that this order and:the performance thereof are subject to compliance with any and all applicable United States laws, regulations,,or orders. Buyer agrees to comply with all such laws, regulations,and orders, including, if applicable,all requirements of the International Traffic in Arms Regufations and/or the Export Administration Act;as may be amended:Buyer further agrees that if the export laws are ci applicable,it will not disclose or re-export any technical data received:under this order to any countries for which the United States government requires an.export license or other supporting documentation at the time of export:or transfer,unless Buyer has obtained prior written authorization from the United States Office of Export Control ar other'authority responsible for such matters. o. N j ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL i 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. 114000 Graybar Terms 12431 Collections Center.Drive Chicago, IL 60693-2431 Invoice Invoice Description Date Number (or note attached invoice(s)or bill(s)) PO# Amount 11/19/14 975990831 Replacement lamps &ballast 37817 $._ 700.78 ,Replacement lamps &ballast 37817 $ 257.50 11/21/14 976041318 Light bulbs for AO xx1420 $"-- `-134.19 Total .. $ 1,092.47 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. 114000 Graybar Allowed 20 12431 Collections Center Drive Chicago, IL 60693-2431 In Sum of$ $ 1,092.47 ON ACCOUNT OF APPROPRIATION FOR 109 Monon Center PO#orBoard Members Dept# INVOICE NO. CCT#/TITL AMOUNT 1093 975990831 4350000 $ 700.78 . 1 hereby certify that the attached invoice(s), or 1093 976108353 4350000 $ 257.50' bill(s)is (are)true and correct and that the 1125 976041318 4238900 $ 134.19 materials or services itemized thereon for j which charge is made were ordered and received except i I 3-Dec 2014 Signature $ 1,092.471_ Accounts Payable Coordinator Cost distribution ledger classification if Title claim paid motor vehicle highway fund