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240708 01/07/15 o CITY OF CARMEL, INDIANA VENDOR: 00352722 ONE CIVIC SQUARE IDEXX LABORATORIES CHECK AMOUNT: $*******135.08*CARMEL, INDIANA 46032 PO BOX 101327 CHECK NUMBER: 240708 ATLANTA GA 30392-1327 CHECK DATE: 01/07/15 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 651 5023990 283703641 135.08 OTHER EXPENSES wmlh�' INVOICE LABORATORIES AGGOUNTNUMBER? ' INVOICE NUMBER`' INYOIGEDATE 149223 283703641 12/02/2014 Shipping Address _ Ship-to Acct Number: 149223 CARMEL WWTP 9609 HAZEL DELL PARKWAY TOeVIEVtI;AND PAY ONLIM1IEGQ TO:�a http://idexx.billtrust.com INDIANAPOLIS, IN 46280 'Wt1SE TRIS0ftQLL11AEt T TAKEN_ PLB QMK KDK eDEL11/ERY-NUMBER' c�. NCY� �'... �. r CUitRE TARA Within 30 days 8000548582 USD QTY: �SHIP[>4TE .�l.ITEM .:a ._ DESCRIPTION"� v��ti� . "a,.,._.. , � = UNIT RRIGE` UNIT m `',AMOUNT 1 12/02/2014 98-09222-00 WV120SB-200,VESSELS W/O ST, 200PK 119.00 CS 119.00 A-CB-No Ice-G Shipping 16.08 Total amount 135.08 Save Money, Save Time & Go Green Save money, time and a tree by switching to electronic billing. Simply contact us with your invoice delivery preference: online at our Invoice Gateway web site, email or fax. IDEXX Distribution,Inc.6100 E.Shelby Dr.Memphis TN 38141-7602 Dairy or Water Products 800-321-0207 THIS TRANSACTION IS SUBJECT TO THE CONDITIONS ON THE FACE AND REVERSE HEREOF IDEXX'S privacy policies can be viewed at WWW.IDEXX.COM IDEXX TERMS AND CONDITIONS OF SALE your operating system software as we may periodically recommend.We are not liable for loss of your data;we strongly recommend that you regularly perform a system back-up on applicable products and archive your data to minimize loss in case of UNLESS OTHERWISE EXPRESSLY AGREED IN WRITING,ALL TRANSACTIONS BY IDEXX OR OUR RELATED COMPANY a malfunction. IDENTIFIED ON THE FRONT OF THIS DOCUMENT(COLLECTIVELY,WE,US OR OUR)ARE SUBJECT TO THE Exclusions for Improper Use,Etc.:We do not warrant the performance of our products if you use them other than in strict FOLLOWING TERMS AND CONDITIONS.If we provide you terms and conditions(including without limitation a limited warranty, accordance with our product instructions,if you use them on or in conjunction with products or services not provided and or a software license under which IDEXX is the licensor)with respect to a particular product or service in connection with your configured by us,or if you install any software applications on your products,other than those applications that we provide you. initial product purchase(or license,in the case of software)in your order fomJsales receipt,or in any user guide,instructions or FAILURE TO USE ONLY OUR AUTHORIZED PRODUCTS OR SERVICES IN OR ON YOUR PRODUCTS VOIDS OUR other documentation accompanying such product,or in any directory of services or similar document,then those terms and WARRANTY OBLIGATIONS TO YOU.Our warranty does not cover damage resulting from any causes external to our products, conditions(including without limitation any limited warranty or software license,as applicable)that we provide with respect to a such as negligence or improper use or handling;casualty;external electrical fault;failure to follow packing or shipping instructions; particular product or service shall control and replace these terms and conditions with respect to that product or service; use of unauthorized products in conjunction with our products;computer viruses,spyware,malware,worms or other harmful otherwise,these terms and conditions(including without limitation the limited warranty and software license terms set forth below, programs;or repairs or modifications made by anyone other than us or our authorized service providers.We will repair normal as applicable)apply to products or services sold or licensed hereunder. wear-and-tear damage only to the extent required for proper functioning of equipment;cosmetic damage is not covered. 1.Prices;Payment.Prices are as set forth on our order form or otherwise as published from time to time.Prices are exclusive of Disclaimer of Additional Warranties:EXCEPT AS STATED IN THIS LIMITED WARRANTY,WE MAKE NO OTHER all taxes and duties of any kind,all of which you must pay.Orders are subject to our written acceptance at our corporate offices. WARRANTY,REPRESENTATION OR CONDITION,EXPRESS OR IMPLIED,WRITTEN OR ORAL,AND THERE IS NO For Companion Animal Group customers(veterinary in-house diagnostics,digital radiography,reference laboratories and WARRANTY OF MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE,TITLE OR NONINFRINGEMENT.We do not telemedicine),payment terms are net the 25th day of the month following the dale of invoice. For all other customers assume,nor do we authorize any employee,agent,distributor or other person to assume for us,any other liability in connection (Livestock/Poultry,Water Microbiology and Dairy testing),payment terms are net 30 days from date of invoice.We may change with our products.If you qualify as a"consumer'under applicable law,then you may be entitled to any implied warranties allowed payment terms at any time or revoke any credit previously extended.Overdue payments are subject to finance charges of the by law,limited to the period of the express warranties and the remedies set forth in this limited warranty.Some jurisdictions do not lower of 1 112%per month or the maximum interest rate allowed by law.All payments and interest are payable in U.S.Dollars(or allow limitations on how long an implied warranty lasts or a limitation on remedies,so the above limitations may not apply to you. Canadian Dollars,for Canadian sales).If at any time you have not paid all amounts due,other than amounts disputed in good 5.Limitation of Liability.We are not liable for failure to perform under this Agreement due to circumstances beyond our faith,then without prejudice to any other rights we may suspend our performance under this Agreement,including our warranty reasonable control.UNDER NO CIRCUMSTANCES WILL WE OR OUR LICENSORS BE LIABLE TO YOU OR ANY OTHER service. PERSON FOR LOSS OF PROFIT OR USE,SPECIAL,INCIDENTAL,CONSEQUENTIAL,INDIRECT,EXEMPLARY,PUNITIVE 2.Delivery;Returns.Sales are Ex works(per Incoterms 2000)our premises wherever located;the delivery date is the date that OR MULTIPLE DAMAGES,INCLUDING WITHOUT LIMITATION FOR LOSS OF GOODWILL,DATA OR EQUIPMENT OR FOR products are ready for pickup at that location by you or a carter for delivery to you.Title to and risk of loss of products(other than BUSINESS INTERRUPTION,ARISING OUT OF THE MANUFACTURE,SALE,SUPPLY OR USE OF OUR PRODUCTS OR software)passes to you on the delivery date.All sales are final.You may not return products to us without our prior written SERVICES OR FAILURE OR DELAY IN DELIVERING SUCH PRODUCTS OR SERVICES,WHETHER BASED ON authorization.Authorized returns are for credit only.Some products are subject to restocking fees. WARRANTY,CONTRACT,TORT OR OTHERWISE,EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH 3.Quotations.No quotation by us shall be effective unless in writing.Quotations are valid for thirty(30)days from their date of DAMAGES OR LOSSES. OUR ENTIRE LIABILITY FOR A PRODUCT OR SERVICE,WHETHER BASED ON WARRANTY,CONTRACT,TORT OR issue unless terminated earlier by us upon notice to you,or otherwise conditioned. OTHERWISE,SHALL NOT EXCEED THE AMOUNT YOU PAID FOR SUCH PRODUCT OR SERVICE. 4.LIMITED WARRANTY.Who is Covered:The benefit of this limited warranty extends to you only if you are the original end- Some jurisdictions do not allow the exclusions or limitations set out in the preceding paragraphs of this Section 5,so those user of new or qualified refurbished products purchased or licensed directly by you from us or from our authorized distributors.Our limitations may not apply to you.Our limited warranty gives you specific legal rights,and you may also have other rights that vary products and services are for professional use only,by trained personnel.Our limited warranty is not applicable to any person or from jurisdiction to jurisdiction. entity,other than you. 6.Software License.Software that we provide is licensed to you,in object-code version only,on a nonexclusive basis for your What is Covered/Duration:We warrant our nonsoftware products to conform to our published specifications,when stored and installation and use only on the instrument product for which it is intended,and is not sold;and the words"purchase;"sold"or used under conditions specified by us and otherwise given normal,proper and intended usage,until the expiration of their staled similar words mean'license,"as used in this Agreement.Our software license to you is subject to and conditioned upon your shelf life,or,if none is stated,for the greater of one year after delivery to you or as stated on your order form/sales receipt.We compliance with the terms of this Agreement.Without prejudice to any other rights,we may terminate your software license if you warrant the two most current release versions of our software licensed to you(together with any related documentation, fail to comply with the terms of this Agreement.We or our suppliers own all title to and copyrights in software and any copies.You "software)to perform substantially in accordance with our published specifications for 90 days after delivery to you.You agree to treat any software patch,update,upgrade,enhancement or other modification that we may provide as"software"under understand that no diagnostic product can warrant 100%accuracy.We do not warrant uninterrupted or error-free operation of our this Agreement and to use them only as permitted by this Agreement.You may make one copy of the software solely for back-up products.We do not warrant expenoaole or consumable parts,such as iuses,batteries,bulos,cables,power cords,adapters, purposes.You may permanently transfer your copy of the software,provided ihai yuu promptly nunfy us of the name and address pipettors,calibrators,print heads,keyboards,mice,ribbons,tapes,CDs or other supplies or media,or third-party products,such of the recipient,you retain no copies,and the recipient agrees in wnfing to the assignment and these Terms and Conditions as printers or non-IDEXX software;all of which we provide on an"AS IS"basis unless otherwise agreed by us in writing We do (however,the benefit of our limited warranty shall not extend to your transferee). not warrant any software patch,update,upgrade,modification or other enhancement provided by us beyond the original warranty Software is for your internal purposes only,and you agree not to use it for the benefit of any other person or to permit any other period for the software,which begins with your initial license from us. person to use it(including on a time-sharing,service bureau or other basis),or for developing or modifying application programs, Our Limited Warranty:During the applicable limited warranty period we will,at no additional charge,(1)for nonsoftware written materials or other products,or running any applications other than our software.You agree not to modify,enhance, products,at our option either repair a nonconforming product with new parts or serviceable used parts that are equivalent or reverse engineer,decompile,disassemble,or otherwise change or supplement the software. superior to new parts in performance,or replace a nonconforming product with a new product or at our option with a serviceable Except as provided in the first paragraph of this Section 6,you agree not to cause or permit disclosure,copying,display,loan, used product that is functionally equivalent or superior to a new product in performance,and will return such product to you, publication,transfer of possession(whether by sale,exchange,gift,operation of law or otherwise)or other dissemination of such transportation and insurance prepaid and(2)for software,use reasonable commercial efforts to provide modifications to any software,in whole or in part,to any third party without our prior written consent;and you shall limit use of and access to software nonconforming software to attempt to make it conforming.Our warranty on replacement parts and product repairs extends for the to such of your employees as are directly involved in its use.You shall take reasonable steps to safeguard the software and to remainder of the applicable warranty penod.Our exclusive liability and your sole remedy for non-conformity or breach of any ensure that no unauthorized persons have access to it and that no persons authorized to have access take any action that would limited warranty shall be repair or replacement(or modification,in the case of software)of a nonconforming product that does not violate this Agreement if you took such action yourself. meet our limited warranty.If after reasonable efforts we are unable to repair or replace a nonconforming product(or to make 7.Compliance with Laws.You shall deal with the products in conformity with applicable laws of all government authorities, software conforming),your sole remedy and our exclusive liability is a refund of the purchase price or license fee paid to us for the including without limitation the U.S.Export Administration Act.You shall obtain all permits,licenses and other documentation product(minus depreciation for use,on the basis of straight-line depreciation for three years)upon your return of the product.You required in connection with the purchase,installation,sale,export,shipment or use of any products.You shall not divert or may contact our customer service telephone number in your invoice or product instructions for further warranty information. transship any products other than within the country of destination specified in our shipping order or permit anyone else to do so Warranty support is available during our normal business hours at our service locations,except holidays.You must make any 8.No Additional or Inconsistent Terms.Any term of any purchase order or other document that you provide us that is in any claim within the applicable warranty period.In case of malfunction,you must first contact IDEXX Customer Service by telephone way inconsistent with or in addition to the terms set forth herein will not become a part of the contract between us and you or be at our number provided in your product documentation.Our service personnel will guide you to attempt to correct reported binding on us. problems yourself.If you wish to receive electronic support,you must maintain an electronic link-up with us as we may direct from 9.No Assignment.Except as provided in Section 6,you may not assign any duties,rights or claims hereunder without our prior time to time.If telephone or electronic support is not successful,we will give you further instructions.We have no obligation to written consent,and any such attempted assignment is void. provide on-site service.If it is necessary to return the product,you must do so,transportation and insurance prepaid,to our 10.Governing Law;Venue;Waiver of Jury Trial.This Agreement and the transactions contemplated hereby,and all related designated facility for examination.Before you return any applicable product,you must perform a full system back-up of your datadisputes between the parties under or relating to this Agreement,whether in contract,tort or otherwise,shall be governed by the We must issue you a Return Authorization Number before any return.If the product is nonconforming,we will return the laws of the Slate of Maine(or Ontario,for Canadian sales),without reference to conflict of laws principles,and any related legal repaired/replaced product to you,transportation and insurance prepaid,in accordance with our limited warranty,as described actions must be brought in the court of appropriate jurisdiction in the State of Maine(or in the Province of Ontario,for Canadian above.If we determine that the reported problem is not covered by our warranty,we will attempt to repair/replace the product at sales),which shall have exclusive jurisdiction(except that either of us may bring an action for an injunction or similar equitable your cost,at our then-standard rates for such work,or return it as you instruct and at your expense.All exchanged parts and relief against the other in any proper jurisdiction).You hereby waive any claim of lack of jurisdiction or inconvenient forum.YOU products become our property. AND WE WAIVE TRIAL BY JURY IN ANY LEGAL ACTION BY OR AGAINST US.We each further waive any claims against the For software products,we shall use reasonable commercial efforts to attempt to resolve nonconformities in a time frame other for multiple,punitive or exemplary damages in any legal actions relating to this Agreement.The prevailing party in any such reasonably proportionate,in our judgment,to the severity of the problem,and to provide periodic modifications that we otherwise legal actions shall be entitled to an award of its reasonable legal fees and costs, make available to other supported customers free-of-charge.We shall provide this support only for the two most current release 11.Government Contract Provisions.Any software or documentation supplied hereunder that is acquired by or on behalf of the versions of the software.If you have a networked installation,and if a system malfunction occurs,you are responsible for U.S.Government or other national government,is"commercial computer software'or"commercial computer software contacting your network support provider first to determine that the issue is not due to network problems,before contacting us for documentation,"and absent a written agreement to the contrary,the govemment's rights with respect to such software or IDEXX product support. documentation are limited by the terms of this document,pursuant to FAR§12.212(a)and/or DFARS§227.7202-1(a). Your Obligations:You must take reasonable care of the products,maintain them in a clean and appropriate environment and 12.English Language.(Quebec only.)The parties confirm that it is their wish that this Agreement and any other documents carry out the routine maintenance recommended by us in the applicable user guide,instructions or other documentation or delivered or given pursuant to this Agreement,including notices,have been and shall be in the English language only.Les parties 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 of service rendered, by whom, rates per day, number of units, price per unit, etc. Payee 352722 IDEXX LABORATORIES Purchase Order No. P.O. Box 101327 Terms Atlanta, GA 30392-1327 Due Date 12/10/2014 Invoice Invoice Description Date Number (or note attached invoice(s) or bill(s)) Amount 12/10/201, 283703641 $135.08 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 Date Officer VOUCHER # 146225 WARRANT # ALLOWED 352722 IN SUM OF $ IDEXX LABORATORIES P.O. Box 101327 Atlanta, GA 30392-1327 ' Carmel Wastewater Utility ON ACCOUNT OF APPROPRIATION FOR Board members PO# INV# ACCT# AMOUNT Audit Trail Code 283703641 01-7202-06 $135.08 Voucher Total $135.08 Cost distribution ledger classification if claim paid under vehicle highway fund