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241463 01/27/15 1 ..cyq�F CITY OF CARMEL, INDIANA VENDOR: 033825 �� 41 ® ONE CIVIC SQUARE CDW GOVERNMENT INC CHECK AMOUNT: $*****1,149.09* CARMEL, INDIANA 46032 75 REMITTANCE DR CHECK NUMBER: 241463 pM�ioN.�, SUITE 1515 CHECK DATE: 01/27/15 CHICAGO IL 60675-1515 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 102 R4463201 24651 RW19857 1,149.09 KEYBOARDS — EMS TABLE INVOICE DATE INVOICE NUMBER PAYMENT TERMS DUE DATE 01/15/15 RW19857 Net 30 Days 02/14/15 ORDER DATE SHIP VIA PURCHASE ORDER NUMBER CUSTOMER NUMBER 11/25/14 UPS Ground(Indy 1-2 day) 24651 6676598 ITEM NUMBER DESCRIPTION • QTY QTY QTY UNIT-PRICE TOTAL :'. << ORD SHIP- BIO' 3438997 PANASONIC IKEY FOLDING KB W/EXT USB 3 3 0 383.03 1,149.09 Manufacturer Part Number:IK-PAN-FZG1-NB-C1 GO GREEN! CDW is happy to announce that paperless billing is now available! If you would like to start receiving your invoices as an emailed PDF, please email CDW at paperlessbilling@cdw.com. Please include your Customer number or an Invoice number in your email for faster processing. REDUCE PROCESSING COSTS AND ELIMINATE THE HASSLE OF PAPER CHECKS! Begin transmitting your payments electronically via ACH using CDW's bank and remittance information located at the top of the attached payment coupon. Email credit@cdw.com with any questions. p`ACCOUNT MANAGER 4 - SHIPPING ADDRESS: -SUBTOTAL� � $1,149.09 MICHELLE REEVES CARMEL FIRE DEPARTMENT 312-547-2393 Adam Harrington SHIPPING $0.00 micreev@cdwg.com 2 CARMEL CIVIC SQUARE CARMEL IN 46032 SALES TAX $0.00 SALES ORDER�NUMBER FSRW100 AMOUNT DUE $1,149,09 Cage Code Number 1KH72 HAVE QUESTIONS ABOUT YOUR ACCOUNT? DUNS Number 02-615-7235 PLEASE EMAIL US AT credit@cdw:com ISO 9001 and ISO 14001 Certified VISIT US ON THE INTERNET AT www.cdwg.com 0001:0001 CDW GOVERNMENT FEIN 36-4230110 Page 1 of 1 Customer la riunoc d�,e,,..�.,,.amlas 611clid are thew of the manulacm T,not Seller or its Affiliates:In purchasing the Pmduca,Cummer is mlying on the manufacturers specifications only and is not relying on any statements,specifications,photographs or other illustrations representing the Produces that may be provided by Sella or it Affiliates.SELLER AND ITS AFFILIATES IIEREBY EXPRESSLY DISCLAIM ALL WARRANTIES EITIIER EXPRESS OR IMPLIED,RELATED TO PRODUCTS,INCLUDING,BUT NOT LIMITED TO,ANY WARRANTY OF TITLE.ACCURACY.MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,WARRANTY OF NONINFRINGEMENT,OR ANY WARRANTY RELATING TO THIRD PARTY SERVICES. 11 IS DISCLAIMER CONTAINED IN THIS PARAGRAPH DOES NOT AFFECT THE TERMS OF ANY MANUFACTURER'S WARRANTY. Customer expressly waives any claim that it may have against Seller or its Affiliates baud on any pmduct liability or infringement or alleged infringement ofany patent,copyright,trade secret or other intellectual property rights(each a"Claim')with respect to any Product and also waives any right to indemnification from Sella or its Affilimes against any such Claim made against Customer by a third party.Customer sckmw7edges that no employee of Seller or its Affiliates is authorised to make any represcnmtiun or w'sranly on behalf of Seiler or any of its Affiliates that is not in this Agreement. Seller warrants that the Services will be Performed in a good and workmanlike manner.Customers sole and exclusive remedy and Sellers entire liability with respect to this warranty,will be,in the sole option of Sellcr,to either(a)use its reasonable commercial efforts to reperform or cause to be .performed any Service not in substantial compliance with this warranty or(h)refired amounts paid by Customer related to the portion of[ha Services not in substantial compliance;provided,in each ecus,Customernotifies Seller,in writing within five(5)business days a0cr Performance fthe applicable Services.EXCEPT AS SEI'FORTII HEREIN OR M ANY STATEMENT OF WORK TIIAT EXPRESSLY AMENDS SELLER'S WARRANTY,AND SUBJECT TO APPLICABLE LAW,SELLER MAKES NO OTHER,AND EXPRESSLY DISCLAIMS ALL OTHER, REPRESENTATIONS,WARRANTIES,CONDITIONS OR COVENANTS,EITHER EXPRESS OR IMPLIED(INCLUDING WITHOUT LIMITATION,ANY EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF FITNESS FORA PARTICULAR PURPOSE, MERCHANTABILITY,DURABILITY,TITLE,ACCURACY OR NON-INFRINGEMENT)ARISING OUT OF OR RELATED TO THE PERFORMANCE OR NON-PERFORIIIANCE OF THE SERVICES,INCLUDING BUT NOT LIMITED TO ANY WARRANTY RELATING TO THIRD PARTY SERVICES,ANY WARRANTY WITH RESPECT TO THE PERFORMANCE OF ANY HARDWARE OR SOFTWARE USED IN PERFORMING SERVICES AND ANY WARRANTY CONCERNING 771E RESULTS TO BE OBTAINED FROM TIE SERVICES.THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE EXPRESS WARRANTY AND LIMITED REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE.CUSTOMER ACKNOWLEDGES THAT NO REPRESENTATIVE OF SELLER OR OF ITS AFFILIATES IS AUTHORIZED 710 MAKE ANY REPRESENTATION OR WARRANTY ON BEHALF OF SELLER OR ANY OF ITS AFFILIATES THAT IS NOT IN TIIIS AGREEMENT OR IN A STATEMENT OF WORK 13XPRESSLY AMENDING SELLER'S WARRANTY. Customer shall be solely responsible for daily back-up and other protection of ils data and software against loss,damage or carmption-Customer shall be solely responsible for reconstruming data(including but not limited to dam located on disk files and memories)and softwme that may be lost, damaged or corrupted during the performance ofServims.SELLER.ITS AFFILIATES,AND ITS AND THEIR SUPPLIERS,SUBCONTRACTORS AND AGENTS ARE HEREBY RELEASED AND SHALL CONTINUE.TO BE RELEASED FROM ALL LIABILITY IN CONNECTION WITH THE LOSS,DAMAGE OR CORRUPTION OF DATA AND SOF71V,VtE,AND CUSTOMER ASSUMES ALL RISK OF LOSS,DAMAGE OR CORRUPTION OF DATA AND SOFT WARE IN ANY WAY RELATED TO OR RESULTING FROM THE SERVICES. t1leer will not be responsible for and no liability shall result to Seller or any of its Affiliates for any delays In delivery or in performance which result from any circumstances beyond Seller's reasonable conwl,including but not limited to,Product unavailability,carrier delays,delays due to fire, rc weather conditions,failure of power,labor problems,acts of war,terrorism,embargo,acts of God or nets or laws of any government or agency.Any shipping dates or completion diets provided by Seller or any purported deadline contained in a Statement of Work or any other document are entmams only. - Pricing lnfnmtatimn;Availability Disclaims j � Seller reserves the right to make adjustments to pricing.Products and Service offerings for reasons including,but not limited to,changing market conditions,Product disomminuanion,Product unavailability,manufncturer price changes,supplier price changes and erors In advertisements.All orders arc subject to Product availability and the availability of personnel to perform the Services.Therefore,Sella cannot guamntea that it will be able to fulfill Customer's orders.If Services are being performed on a time and materials basis.any estimates provided by Seller am for planning purposes only. Credits Any credit issued by Sells to Customer ferny reason mut be used within two(2)years fm the date than the credit was issued and may only be used for future purchases of Pmducm and/or Services Any credit or portion thereofnot used within the two(2)year period will automatically expire. Limitation of Liability - UNDER NO CIRCUMSTANCES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY SET FORTH HEREIN,WILL SELLER ITS AFFILIATES OR ITS OR THEIR SUPPLIERS,SUBCONTRACTORS OR AGENTS BE LIABLE FOR:(A)ANY INCIDENTAL,INDIRECT,SPECIAL,PUNITIVE OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO,LOSS OF PROFITS,BUSINESS,REVENUES OR SAVINGS,EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES OR IF SUCH DAMAGES ARE OTHERWISE FORESEEABLE,IN EACH CASE,WHETHER A CLAIM FOR ANY SUCH LIABILITY IS PREMISED UPON BREACH OF CONTRACT,WARRANTY,NEGLIGENCE,STRICT LIABLITY OR OTHER THEORY OF LIABILITY;(B)ANY CLAIMS,DEMANDS OR ACTIONS AGAINST CUSTOMER BY ANY THIRD PARTY;(C)ANY LOSS OR CLAIM ARISING OUT OF OR IN CONNECTION WITH CUSTOMER'S IMPLEMENTATION OF ANY CONCLUSIONS OR RECOMMENDATIONS BY SELLER OR ITS AFFILIATES BASED ON,RESULTING FROM,ARISING OUT OF OR OTHERWISE RELATED TO THE PRODUCTS OR SERVICES;OR(D)ANY UNAVAILABILITY OF THE PRODUCT FOR USE OR ANY LOST,DAMAGED OR CORRUPTED DATA OR SOFTWARE.IN THE EVENT OF ANY LIABILITY INCURRED BY SELLER OR ANY OF ITS AFFILIATES,THE ENTIRE LIABILITY OF SELLER AND ITS AFFILIATES FOR DAMAGES FROM ANY CAUSE WHATSOEVER WILL NOT EXCEED THE LESSER OF:(A)THE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PRODUCT(S)GIVING RISE TO THE CLAIM OR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM;OR(B)550,000.00. Confidential Information Each party anticipates that it may W necessary to provide access to information of a confidential nature of such party,the Affiliates or a third party(hereinafter referred to a"Confidential Information")to the other party in the performance of this Agreement and any Statement of Work Confidential Information'means any information or data in oral,clectmnie m written form which the receiving party knows or has reason to know is proprietary,or confidential and which is diselosed by a Party in connection with this Agreement or which the receiving party may ban access to in connection with this Agreement,including but not limited to the terms and conditions ofeaeh Statement of Work Confidential Information will not include information which:(a)becomes known to the public through no act ofthe receiving party;(b)was known to the receiving party,or becomes known to the receiving party from a third party having the right to disclose it and having no obligation of confidentiality to the disclosing party with respect to the applicable information;or(c)is independently developed by agents,employees or subcun[metors ofthe receiving party who have not had access to such information.To the extent practicable,Confidential Information should be clearly identified or labeled as such by the disclosing party a the time of disclosure or as promptly thereafter as possihle,however,failure to so identify or label such Confidential Information will not be co . evidence that such information is not rifidential orproteciable. - __ Each parry agrees to hold the other parry's Confidential Information confidential for a period ofttuee(3)years.following.the date oft isclosum and to do so-in a manner m leastas protective as it holds Its.—Confidential Information oflik<kind but to.usesa.lm than areasimulddegree_of care.__ Disclosures ofthe other pony's Confidential Information will be restricted(t)to those individuals who are man participating in the perforce of this Agreement or the applicable Statement of Work and need to know such Confidential Information for purposes of providing or receiving the Products or Services or otherwise in connection with this Agreement or the applicable Statement ofWorP,or(H)to itsbusiness,legal and financial advisor;each on a confidential buts.Each party agrees not tone any Confidential information ofthe other party for any purpose oth"m the business purposes contemplated by this Agreement and the applicable Statement of Work Upon the written request ofa party,the other party will either.mm or cmi fy the destruction ofthe Confidential information ofthe other party. IIfa receiving party is required by law,sale or regulation,or requested in myjudicial or administrative proceeding or by any governmental err regulatory authority,to disclose Confidential Information ofthe other party,the receiving party will give the disclosing party prompt notice ofs ich request that the disclosing party may seek an appropriate protective order or similar protective measure and will use reasonable efforts to obtain confidential treatment ofthe Confidential Information so disclosed Raem Privileges To obtain Seller's return policy,Customer should contact CDW Customs Relation at 866.SVC.4CDW or email at CustomerRelalionsnCdW com,Customer must notify CDW Customer Relations ofany damaged Produces within ten(10)days ofrea:ipt. Arbitration Any claim dispute,or controversy(whether in contract,tort or otherwise,whether preexisting,Present or future,and including but not Iimfted!to,statutory,common law,intentional tan and equitable cIW—)arising from or testing to the Products,the Services,the interpremtion or application of these Terms and Conditions or any Statement of Work or the breach,termination or validity thereof,the relationships which result from the.Terns and Condition or any Statement of Work(including,to die full extent permitted by applicable law,relationships with third parties who are not signatories hereto),or Sellefs or any of its Affiliates'advertising or marketing(collectively,a"Claim")WILL BE RESOLVED,UPON THE ELECTION OF ANY OF SELLER CUSTOMER OR THE THIRD PARTIES INVOLVED,EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.ifarbitmion is chosen,it will be conducted parmaint to the Rules ofthe American Arbitration Association.Ifarillottion is chosen by,any party with respect to a Claim,neither Seller nor Customer will have the right m litigate that Claim in court or to have ajury trial on that Claim or to engage in pre-arbitration discovery,except as provided for in the applicable arbitration roles or by agreement of the parties involved Further,Customer will not have the right to participate as a.poesentative or member ofany class of claimants Pertaining to my Claim leotwithstanding my choice of law provision included in these Terris and Conditions,this arbitration agreement is subject to the Federal Arbitration Act(9 U.S.C.gg 1.16).The arbitration will take place exclusively in Chicago,Illinois.Any coon having jurisdiction map rnterjudgment on the award rendered by dry arbiu mr(s).Each party involved will bear its a—cost of any legal rcpremntmion,discovery or research required to complete arbitration.The existenre or resulas of my arbitration will be treated as confidential.Nutvithstanding anything[o the smithery contained herein,all matters tendered In the collection of amounts due to Seller arising out of the Products or Smites will be exclusively litigated in coon rather than through arbitration. Miscellaneous - Seller may assign or subconfct all or any pan!-of its rights or obligation with respect to the sale of Products o1 the Performance of Services or assign the right to receive paymeins,without Customers consent.Customer may not assign these'terms and Conditions,army of ita rights or abligatlons herein without thy'prior written consent of Sallee Subject to the restriatons in assignment contained herein,these Terms and Conditions will W binding m and intim to the benefit ofthe parties hereto and their successors and assign.No provision ofthks Agreement or any Smmmem of Work will be deemed waived Intended or modified by either party unless such waiver,amendment or modification is in writing and signed by both parties.The relationship between Seller and Customer is that of independent wntwon and not that of employxdemployee,partnership orjoint venture.If my term or condition of this Agreement or a Statement of Work is found by a court of competent jurisdiction to be invalid,illegal or otherwise unenforceable,the sone shall not affect the other corms or condition hereof or thereof or the whole of this Agreement or the applicable Statement of Work Notices provided under this Agreement will be given in writing and deemed received upon the earlier of actual receipt or three(3)days after mailing if mailed postage prepaid by regular mail or aimmil or one(])day efts such notice is sent by courier or facsimile transmission, Any delay or failure by either party to exercise any right or remedy will not mnstimte a waiver ofthat party to thereafter emforce such nigh¢ Version Data 0212312010 ' VOUCHER NO. WARRANT NO. ALLOWED 20 CDW-G IN SUM OF$ 75 Remittance Drive 5-10 ISIS Chicago, IL 60675 STS( /5 $1,149.09 ON ACCOUNT OF APPROPRIATION FOR Carmel Fire Department PO#/Dept. INVOICE NO. ACCT#/TITLE AMOUNT Board Members 24651 RW19857 102-632.01 $1,149.09 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 JAN ��15 IY Fire Chief 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)) RW 19857 $1,149.09 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