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HomeMy WebLinkAbout242962 3 /11/2015 CITY OF CARMEL, INDIANA VENDOR: 114000 ONE CIVIC SQUARE GRAYBAR ELECTRIC CO, INC CHECK AMOUNT: $*******266.76* =a CARMEL, INDIANA 46032 12431 COLLECTIONS CENTER DRIVE CHECK NUMBER: 242962 CHICAGO IL 60693 CHECK DATE: 03/11/15 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 1093 4350000 977023418 1,903.20 EQUIPMENT REPAIRS & M 1093 4350000 977048695 292.80 EQUIPMENT REPAIRS & M 1093 4350000 977226782 -2,196.00 EQUIPMENT REPAIRS & M 1093 4350000 977463459 266.76 EQUIPMENT REPAIRS & M . 14 wily Remit Tok )` 431 COLLEC;IONS CENTER DRIVE e;; GrCHICAGO IL_60693-2431 317-821-5700 or ARQuestionsna gMybar.com INVOICE Invoice No: 977023418 MB 01 001313 58612 B 6 C Invoice Date: 01/27/2015 "1i111��11���"�"�'I"111111"11111�1'll'�'1'�'�II"II�IIII'll Account Number: 0000414887 CARMEL CLAY PARKS&RECREATION Account Name: CARMEL CLAY PARKS& 1411 E.116TH ST CARMEL IN 46032-7611 7BY:- RECREATION 2 2015 Ship to: CARMEL MONON COMUNITY CENTER ATTN:Mike 1250 CENTRAL PARK DRIVE E CARMEL IN 46032 Page 1 of 1 Order No:38021 SO#:350109380 Del.Doc.#: PRO# Routing Date Shipped Shipped From F.O.B. Rt.To 8001317244 GRAYBAR TRUCK 01/27/2015 1 ZONE-JOLIET,IL S/P-F/A =_ Quantity Catalog#/Description Unit Price / Unit Amount 390 F26TBX/841/A/ECO GENERAL ELECTRIC LIGHTING 4.88 / 1 1903.20 CFL TRIPLE BIAX PLUG-IN T4 Terms of Payment Sub Total 1903.20 Freight 0.00 Net 30 Days Handling s 0.00 Asa condition of the sales agreement,a monthly service charge of the lesser of Tax 0.00 1-1/20/6 or the maximum permitted by law may be added to all accounts not paid Total Due 1903.20 by net due date.Visa,MasterCard,American Express,and Discover credit cards are accepted at point of purchase only. ZZ i2 M 0 0 Subject to standard terms and conditions on the reverse side. GRAYBAR ELECTRIC COMPANY,INIC. TER -SAND CONDITION OF SALE 1. ACCEPTANCE OF ORDER;TERMINATION—.Acceptance of any order is subject to credit approval and acceptance of order by Gi-aybar Electric plicab!e;Graybar'stuppliert.lrcredit of the buyer of the gobds f"BUyef")bedorrie$unsatisiaabry to Qraybar Graybar reserves tare right to terminate Upon notice to Buyer and without liability to Graybar; Z PRICES AND SHIPMENTS—"Unless otherwise quoted,prices shall be those in effect dt time of shipment,which shall be made F*O.B.shipping point, prepaid and bill. 3. RETURN OF GOODS—Credit may be allowed for goods returned with prior approval..A deduction relay 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 orshipments will be added to the purchase-nice. 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 by acts of God,failure of its suppliers to ship or deliver on time,or other circumstances beyond Graybars reasonable control.Factory shipment or delivery dates are the best estimates of our suppliers, and in no case shall Graybar be-liable for any dons6quential 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 wrfuliout limitation warranties with respectto inte'iloctuat property infiringerrient):mada to Graybar by the manufacturer of the goods.. C- A4 MAKES NO OTHER:EXPRESS OR IMPLIED%AJA RRANTIES,AND SPECIFICALL.Y DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING BUT NOT LIMITED TO THE IPAPLIED WARRANTES OF MERCHANTABILITY AND ri-rNIESS FOR.PURPOSE..UNLESS OTHERMSE AGREED IN WRiTING BY AN AUTHORIZED REPRESENTATIVE OF GRAYBAR,PRODUCTS SOLD HEREUNDER ARE kOTINTENIDED FOR USE.IN,OR IN OONNECTIO14 1NITH(1)ANY SAFETY APPLICATION OR THE CONTAINMENT AREA OF A NUCLEAR-FACILITY,OR(2)IN A HEALTHCARE RATIONTCANINOTBE MAINTAINEP,AT ALL TIMES.. 7. LIMITATION OF LIABILITY—Buyers remedies Under this agr6effierit are subject to any lirhiWtibns contained in manufactuters terms and c6ftclitiahs to Graybar,a cop .air or replacement of y of which will be furnished upon written request.Furthermore,Graybar's liabilityshall be.limited to either rer, the goods or refund of the purchase price,. alt at Graybar's�option,and.IN NO CASE E SHAL.L GRAYBAR.BE LIAK.E F.OR INC.IDENTALi SPECIAL,OR CONSEOUENTIAL DAMAGES. In addition,claims for shoria§ds,other than loss in transit,must be made in writing not more than five(51 days after receipt of shipment. 8. WAIVER—the failure of Graybar to insist upon theperformanceof any of the terms or conditions of thisagreementor toexerciseany right hereunder shall not be deemed to be a Waiver of such terms,conditions,or rights in the future,nor shallit bedeemed to be a waiver of any outer term,con0oh., orriaht:under this agreement. 9. MODIFICATION OF TERMS AND CONDITIONS—these terms and conditions supersede ail other-communications,negotiations,and prior oral or*written.qtafemetitsregarding the subject rriatter Of these terms and conditions. No change,modification, rescission, ftcharge,'81:%ndohrnent, orwaiverof these terms and conditions.shall bebinding upran Graybar unless made in writing and signed.on its:behalf by a duly authorized represen- tative of Graybar.No conditions,usage of trade,course understanding of dealing or performance,understanIng or agreement,..purporting to modify,,vary,explain, or supplement these terms and conditionsshall be binding unless hereafter made in writing and sighed by the party to be bound.Any proposed posed modifications.or additional terms are specifically rejected and deemed a material.alteration hereof.If this document shall be deemed allacceptance. of a prior ofier by Buyer.,such acceptance-is expressly conditional upon Buyer's assent to any additional or different terms set forth herein. 10. REELS—V`shen Graybar ships returnable reels,ateel deposit may be included in the invoice.The Buyer should contact the nearest Graybar service ice location to return reels- 11. GERTWICArION—Graybar hereby certifies that these goods were produced in compff.ance wiCh all 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 1573,as amended,the Vietnam Veterans'Readjustment Assistance Act of 1974:as amended,EA 184.56t 29 CPR Part 471.,Appendix.A.to Subpart A,and the conespondfrig regulations,to the extent required by law.,41 CFR 60-1.4,60-741.5i and 60-250-5 are incorporated herein by reference,to the extent legally required. 12. FOREIGN CORRUPT PRACTICES ACT—Buyer shall Comply with applicable laws.and tion,(i)the United States Foreign Corrupt Practices Act(17CPAJ,(15 U..8.C.§§78dd-1,et.seq.)irrespective ofthe place Of1perf performance,and(it.)[avvs and regulations implementing the Organization for Economic;Cooperation and Development's Convention on Combating Bribery ol Foreign Public Officials in International Business Transactions,the U.M.,Convention.Against Corruption,and.the lnterAmedc�an CgriventionAgainst Corruptior,in Buyer's country or any country where performance of this agreement of delivery of goods will occur- 13. ASSIGNMENT—Buyer shall not assign its rights or delegate ffts duties hereunder or any interest herein without the prior written consent ol"Graybar, and any such assigriffient,without such consent,shall.be void. 14. GENERAL PROVISIONS All typogra0hicaf or clerical errors made by Graybar in any clilotationi acknowhidgment or publication are subject to correction,This agreement shall be govdrned bythe laws ofthe State ofMissodd applicable tocohtiactsto befon b0cland fully peffth-ned within the State:OfMissouri,without giving.effect to the suits arising frbfn Orc"cething this agreement shall be filed in the Circuit Court of St.Louis Cbunity,Missouri,or the United States District Court for the Eastern District of Missouri,and no other place unless otherwise determined in Gfaciybat's sole discretion.Buyer hereby irrevocably consents to the jurisdiction of such court or courts and agrees to appear in any such action up-on Written notice thereof- 1-5- EXPORTING—Buyer acknowledges that this order and the performance thereofiare 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,ail reqUitements of the International Traffic in Arms Regulations and/or the Eupott Administration Act,as rnay be affierldec:14 Buyer further agrees that if the export laws are applicable,it Will not disclose or reexport 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 tim e of export:or transfer,unless Buyer has obtained prior Written authorization from the United States Office of Export Control or other autherity responsible for such matters- OWEN Remit To: 12431 COLI.ECTIONS CENTER DRIVE �_// /// GrEWbaRCHICAGO IL 60693-2431 A� C 317-821-5700 or ARQuestions(a)graybar.com INVOICE Invoice No: 977048695 MB 01 001461 59381 B 6 C Invoice Date: 01/28/2015 111�11111�1�'111°1�11�111e111'1I'1��11"I�11'll���l'lll���]°IO'�' Account Number: 0000414887 CARMEL CLAY PARKS&RECREATION Account Name: CARMEL CLAY PARKS& 1411 E.116TH ST RECREATION CARMEL IN 46032-7611 FEB -3 2015 LB Y: Ship to: CARMEL MONON COMUNITY CENTER ATTN:Mike 1250 CENTRAL PARK DRIVE E - -- — — — - = - -- — - — — - — CARMEL-IN-46032— -- — - Page 1 of 1 Order No:38021 SO#:350109380 Del.Doe.#: I PRO# Routing Date Shipped Shipped From F.O.B. Rt.To 8001317506 1 GRAYBAR TRUCK 01/28/2015 1 INDIANAPOLIS,IN S/P-F/A Signed For By: RANEFORD Quantity Catalog#/Description Unit Price I Unit Amount =_ 60 F26TBX/841/A/ECO GENERAL ELECTRIC LIGHTING 4.88 / 1 292.80 CFL TRIPLE BIAX PLUG-IN T4 Terms of Payment Sub Total 292.80 Freight 0.00 Net 30*Days Handling 0.00 As a condition of the sales agreement,a monthly service a of the lesser of 9 char Tax 0.00 1-1/2%or the maximum permitted by law may be added to all accounts not paid Total Due 292.80 by net due date.Visa,MasterCard,American Express,and Discover credit cards are accepted at point of purchase only. - 0 0 Subject to standard terms and conditions on the reverse side. L GW(BAR ELECTRIC COMPANY,INC. TERMS AND CONDITION$OF SALE. 1. ACCEPTAINCE OF ORDER;TERMINATION-Acceptance*of:any order is subject to credit approval and acceptance of ender by Graybar Electric Company,Inc.�`Graybae)and,When applicaNei Gfaybar's suppliers.If credit of the buyer of the goods("Buyer")becomes,unsatisfactory to Graybar, ­ Company,.Inc.k . . ... . I.�.. . ­ � ­ . , ...I . .credit .the buyer� . � . __ , I I unsatisfactory Gfaybar 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 it time of shipment,which shall be madeF.O.S.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. T,,kXES-Prices shown do not include sales or other,taxes imposed:on the sale of goods,Taxies ftow 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 IN DELIVERY_Graybar is not to be accountable for delays in delivery occasioned by acts of God,failure of.its suppliers to ship or deiiver rin 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 Graybarbe-fiable for any consequential or special damages arising from any delay In shipmern or delivery. 6.. LIMITED WARRANTIES _ Graybar warrants that.all goods sold are free of f any security interest and will make avaifabie to Buyer all transferable' warranties(including*aiti-iout,linilationwarranties with respect.to intellectual property infringement):made to Graybar by the manufacturer of the goods: GRAY-BAR MAKES NO OTHER EXPRESS OR IMPLIED WARRANTIES.,AND SPECIFICALLY DISCLAIMS ALL IMIPLIEDAARRANTIES INCLUDING BUT UT NOT 1-001TED TO THE IMPLIED IMARRANTIES OF m5pc-HANTAML!rY AND FITNESS.FOR.PURPOSE_UNLESS OTHERWISE AGREED IN WRITING BY AN AUTHORIZED REPRESENTATIVE OF GRAYBAR,PRODUCTS SOLD HEREUNDER ARE1\10TINTENDED FOR USE.IN OR IN cbNNECTION:Vv A V1TH(!).ANY SAFETY PPLICATION HE OR T . . . . . . . . CONTAINMENT AREA OF A NUCLEAR FACILITY. 0 11141 A HEALTHC OR M AaE__ WtH—ERETHE GOOdSf4 PATIENT —— .AvE PbTtF4Tf4L FOR DIRECT PAT TCONTACTOR'JIMEREASIX(6)FOOT CLEARANCE.FROM A RATiEnjT CANNOT BE MAINTAINED AT ALL TIMES, 7. LIN11TAMW OF LIABILITY-Buy&s remedies Under this agreement-aresubject to any limitations contained ih manufacturers terms and conditiahs 'to GraytiIr,a copy of which will be furnished upon written request.Furthennore,Graybar's liability:shall be limited to either repair or replacement of the goods or refund of the purchase price,all at Graybar'soption,and IN NO CASE SHALLGRAYBAR BE LIABILE FOR INCIDENTAL i SPECIAL.,OR. CONSEQUENTIALDAMAGES- In addition,clairns for shortages,other than loss in transit,Must be made in writing hot more-than five(51 days After receipt of shipment, 8.. WAIVER-The failure of Graybar to insist.upon theperformancesof any of the terms or conditions of.this agreement or to exercise any right. hereunder shall not be deemed to be a waiver ol'such terms,conditions,or rights in the flu.ture,nor shall:it be deemed to be a Waiver of any other term,condirion, arriaht:under this agreement- 9. MODIFICATION OF TE NAS AND CONDIT0,18-These terms and conditions supersede all.other coin munications;negaff.Ali.ons,and prior oral. Or written statementsregarding the subject inatter Of these terms and conditions- No change, modification, rescission,discharge, or.,,vaiver of these terms and conditionashall ba:binding upon Graybar unless made in writing and signed.on Asbehaffby a duly authorized represen- tative of Graybar.No conditions,usageof trade-,course of'dealing or performance,understanding.or agreement..purporting to Modify,van/,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 sperc[ficafly rejected and deemed material alteration hereof.If this document shall be deemed an:acceptance. of prioroffer by Buyer,such acceptanceisexpressly conditional 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. CERT1FicATja%i-Graybar hereby certifies'that these goods were produced in compliance with all applicable requirements of Sections U",.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 71246;as Am ended,the Rehabilitation Act of 1976,as amended,the Vietriam Veterans'Readjustment Assistance Act of 1974,as amended,E.O.11488.29 CFR Part 471,Appendix.A.io Subpart A,and the corresponding regulations,to the extent required - bylaw.41 GFR 60-1_4,60-741.5, are incorporated herein by-reference,to the extent legally required.-- 12- FOREIGN-CORRUPT PRACTiCES A1,T_-94yhal er safe With applicable laws and regulations relating to anti-ccrniption,inciu din-g.Without limita- tion,(i)the United States Foreign Corrupt PracticesAct(FGPA)(115 U.S.C.§§78dd-1,et.seq.)irrespective.ofthe place ofperformarice,and(ii)laws and regulations implementing.the Organization for Economic Cooperation and Development's Convention on Combating I Bribery of ForeignPublic Officials in International Business Transactions,the U,,N..Convention Against Corruption,and the Inter-American Convention.AgainslFc9rruption,in Buyer's country orany 0OLJntrYk%J1her.e performance ofthis.agreemen.t or delivery ofgoods will occur- 13. ASSIGNMENT-Buyer shall not assign its rights or delegate its duties hereunder or any interest herein without the prior written consent of Grayl:,arj and env such assidn-nent,without such consent.shall tie void. 14. GENERAL PROVISIONS-=All t typographical or clerical errors made by Graybar in any quotation,acknoWl6dgment or publication are subject to correction,This agreement shall be governed by the laws of the State of Wlissutiri applicable to contracts to be formed And full,,,perf6tined within the State.of Missouri,without giving.effect to the choice of conflicts of law provisions thereof.All quits 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;Misscuri;and no other place unless otherwise determined in Graybar's sole discretion.Buyer hereby irrevocably crihsents to the jurisdiction ol'such court of courts and agrees ..... to appear in Any such Action upon written notice thereof.. 15. EXPORTING-Buyer acknowledges that this order and the performance therecifere subject to compliance with any and all applicable United States laws, reaulations,or orders. Buyer agrees to comply with all such laws, regulations,and orders,.Including, if applicable,all requirements of the International Traffic in Arms Regulations andfor the EXport Administration Act,as May be amended-Buyer fortheragrees that if the export I applicable,it Will not disclose or reexport any technical data received:under this order to any countries for Which the United States governiment requires An export license or othersupporting documentation at the time of export or transfer.unless Buyer has obtained prior written authorizatibr, ,rorn the United States Office Of Export Control or other aUthorityrespori!M,bie for such matters. o. CENTERUHIVL12431 COLLECTIONSCE Remit To: 431 317-821-5700 or ARQuestions0graybar.com �. CHICAGO IL 60693-CREDIT MEMO Invoice No: 977226782 ` Invoice Date: 02/09/2015 MB 01 001232 66624 B 6 C II'I'�II�" III"I'I�I"I'll'1111'Il"II�I�'��II�I11'I'I�'I�I�III Account Number: 0000414887 CARMEL CLAY PARKS&RECREATION Account Name: CARMEL CLAY PARKS& 1411 E.116TH ST RECREATION CARMEL IN 46032-7611-, T / FEB 1 7 2015 B1': 7 Ship to: CARMEL MONON COMUNITY CENTER ATTN:Mike 1250 CENTRAL PARK DRIVE E CARMEL IN 46032 _ - —_Page i-of 1-- - Order No:38021 SO#:603780752 Del.Doc.#: PRO# Routing Date Shipped Shipped From F.O.B. Rt.To 0894456246 GBTRUCK PICKUP INDIANAPOLIS,IN S/P-F/A __= Quantity Catalog#/Description Unit Price / Unit Amount 390 F26TBX/841/A/ECO GENERAL ELECTRIC LIGHTING 4.88 / 1 1903.20 CFL TRIPLE BIAX PLUG-IN T4 Del.Doc.#: PRO# Routing Date Shipped Shipped From F.O.B. Rt.To 0894456247 GBTRUCK PICKUP INDIANAPOLIS,IN S/P-F/A 60 F26TBX/841/A/ECO GENERAL ELECTRIC LIGHTING 4.88 / 1 292.80 CFL TRIPLE BIAX PLUG-IN T4 Terms of Payment Sub Total 2196.00- N Freight 0.00 Net 30 DaHandling 0.00 Ys Tax 0.00 As a condition of the sales agreement,a monthly service charge of the lesser of Total Due 2196.00- 1-1/2%or the maximum permitted by law may be added to all accounts not paid " by net due date.Visa,MasterCard,American Express,and Discover credit cards ORIGINAL INVOICE#0977023418L-� are accepted at point of purchase only. Subject to standard terms and conditions on the reverse side. L - - - GRAYBAR ELECTRIC COMPANY,INC. TERMS 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 Company.Inc..("Graybar")and,.when applicablei Gr8ybar't suppliers.If credit Of the bU 6r of the gobds("Buyer"'}becomes unsatisfactory to Graybir, 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 shiprrient,which shall be mad6F.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 or hereafter imposed upon salesor shipments will be added to the purchase price. Buyer agrees to reimburse Graybar for any such tax or provide Graybarwith acceptable tax exemption certificate. 5_ 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 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 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 respectto intellectual property infiingemeni):made,to Graybar by the manufacturer of the goods, GRAYBAR MAKES NO OTHER:EXPRESS OR IMPLIED WARRANTIES.,ANDSPECIFICALLY 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(J i.ANY SAFE TY APPLICATION OR THE CONTAINMENT AREA OF-A NUCLEAR FAQILITY.,QR Q_IN_A_HEAI_TKARE-:_______ APPLICATior4,.WH,5-RE.-THE-.GOOt)8.HAVE POTENTIALTOR DIRECT PATIENT CONTACT OR WHFR1_=A 81X(6)FOOT CLEARANCE.FROM A PATIENT CANNOT BE MAINTAINED ATALL TIMES.. 7. LIMITATION OF LIABILITY—Buyer's remedies Under this agreement are subject to any limitations contained in manufacturers terms and conditions 'to Graybar,a copy of which will be furnished upon written request. Furthermore,Graybar's liabflity:shall be limited to either repair or replacement of a the goods or refund of the purchase price, .11 at Graybar's option,and.IN NO CAS L..E SHA .L GRAYBAR.BE LIABL.E F.OR INCIDENTAL;. . SPECIAL,OR CONSEOUENTIAL DAMAGES. In addition,claims for shortages,other than loss in transit,must be made in writing hot 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.thisagreementor to exercise any right. . hereunder shall not bedeemed to be a waiver of such terms,conditions,or rights in the future,nor shalt it be deemed to be a waiver of any other terra,condition, orAghtUnder this agreement. 9. MODIFICATION OF TERMS AND CONDITIONS—These terms and conditions supersede ail.other-communications;negoti.at.ons,and prior-oral. or written statements regarding the subject matter 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 signe.d.on its :behalf . cebehalf by a duly authorized represen- tative of Graybar.No conditions,usage:otrade,course of dealing or performance,understanding. Ing 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 this document shall be deemed an.acceptance of a prior offer by Buyer,such acceptance is expressly conditional upon Buyer's assent,to any additional or-different terms set forth herein. 10. REELS—VJhen 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 all applicable requirements of f Sections 6,7,and-12 of the Fair Labor Standards Act,as amended,and of regulations and.orders of the United States Department of tabor issued under Section 14 thereof. Timis:agreement is subject to Executive Order 11246;:as.amended,the Rehabilitation Act of IU ,as amended,the Vietnam Veterans'Readjustment Assistance Act of 1974,as amended,E.O.13496,29 CFR Part 471,Appendix.A.to Subpart A,and the corresponding.regulations,to the extent required by law.41 CFR 60-1.4.60-741.5i and 60-250.5 are incorporated herein by reference,to the extent legally required. 12. FOR. CORRUPT PRACTICES ACT—.Buyer shall p_oqipl—ith—appAirablei6ws.aidreg4att;o ns -to art.kr 'In7140 P tion.(i)the United States Foreign­d�orn.lpt Practices Act(rCPA)(15 U..S.C.§§78dd-1,et.seq.)irrespective of the place of'performance,and(I])laws and regulations implementing.the Organization for Economic Cooperation and Development's Convention on Combating Bribery of Foreign.Public Official.$in Interna.tIqna. l.Business Transactions,the U.N..Convention Against Corruption,and the lnterAmedo.an Convention Against Corruption:in Buyer's Country or any country where here performance of this agreement or delivery of goods will.occur. 13. ASSIGNMENT—Buyer shall not assign its rights ordelegate:its duties hereunder or any interest herein without the prior written consent of Graybar, and any such assignment,without such consent,shall be void. 1.4. 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 form ed and fully performed within the State:of Missouri,Without giving.effect to the choice or conflicts of IaW 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 unless Otherwise determined in Graybar's tole discretion.Buyer hereby irrevocably contents to the jurisdiction of such court or courts and agrees to appear in any such action upon written notice thereoftm - 1-5. EXPORTING—Buyer acknowledges that this order and the performance thereofare 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 applibable.all'requirements of the International Traffic in Arms Regulations and/orthe Export Administration Act,as may be amended*..Boyer further agrees that if the export laws are 0 applicable, it Will rot disclose or re-export any technical data received:under this order to any countries for Which the United States government @' requires On export license or othbrsupporting documentation 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. . ,:lRemitTo: 12431 COLLECTIONS CENTER DRIVE e: 1!PZ'� £.:�.A✓.' r Gr%ftR CHICAGO IL 60693-2431 317-821-5700 or ARQuestions(a)graybar.com INVOICE Invoice No: 977463459 MB 01 001561 76449 B 6 C Invoice Date: 02/23/2015 II1IIII�III'�IIII�'I�I'III'II��"I'I"��IIII11III1I1"111111111111 Account Number: 0000414887 CARMEL CLAY PARKS&RECREATION Account Name: CARMEL CLAY PARKS& 1411 E.116TH ST CARMEL IN 46032-7611 , - — — RECREATION .kC� �-'�''lr•c r�,� MAR 0 2 2015 BY:-- Ship to: CARMEL MONON COMUNITY CENTER ATTN:JIM RANSFORD 1250 CENTRAL PARK DRIVE E CARMEL IN 46032 _ - - - .. - --- - Page-1-64-1---=- --- - Order No:38106 SO#:350401923 Del.Doc.#: PRO# RoutingDate Shipped Shipped From F.O.B. Rt.To 8001712470 GRAYBAR TRUCK 02/23/2015 1 ZONE-JOLIET,IL S/P-F/A QuantitytCatalog#/Description Unit Price / Unit Amount 1270/U/MED/O GENERAL ELECTRIC LIGHTING 22.23 / 1 266.76AMP Terms of Payment Sub Total '266.76 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 maybe added to all accounts not paid Total Due 266.76. by net due date.Visa,MasterCard,American Express,and Discover credit cards are accepted at point of purchase only. 0 0 Subject to standard terms and conditions on the reverse side. GRAYBAR ELECTRIC COMPANY,INC. TERMS 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 Company,Inc. and,when applicablej Graybqr't t0ppliors.If credit Of th buyer of the goods("Buyer")becomes unsati ctbry to Graybar, Graybar reserves thbIridtit to terminate Upon notice to Buyer and without liability to Graybar. 2. PRICES AND SHIPMENTS—Unless otherwise quoted,prices shalt be those in effect at time of shipment,which shall be made:F.O.B.shipping point, prepaid and bill. 3. RETURN OF GOODS—Credit may be allowed for gbods 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 Graybarwith 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 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 fforn 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 infiingemeni)mada to Graybar by the manufacturer of the goods: GRAYBAR MAKES NO OTHER-EXPRESS OR IMPLIED WARRANTIES..AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING DING BUT NOT LIMIT50 TO THE IMPLIED WARRANTIES.OF MERCHANTABILITY AND FITNESS.FOR PURPOSE..UNLESS OTHERWISE AGREED IN WRITING BY AN•AUTIHORIZED REPRESENTATIVE OF GRAYBAR,.PRODUCTS SOLD HEREUNDER ARE NOT INTENDED FOR USE.IN OR IN-CONNECTION WITH (I)ANY SAFETY APPLICATION OR THE CONTAINMENT-AREA:017 A NUCLEAR-FACILII-Y,--OR-(2)-IN-A-HE- LTHGARE--- APPLICATION,WHERETHEGOODS 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 agreerrieht-8re subject to any limitations contained in manufacturer's terms and condiflohs to Graybar,a copy Of which will be-furnished upon written request,Furthermore, Graybaft liability:shall be limited to either repair or replacement of d a the goods or refund of the purchase p .ce, .11 at Graybar's option,and S.IN NO CA .E SHALL GRAYBAR BE LIABLE F.OR INCIDENTAL,SPECIAL,OR CONSEQUENTIAL DAMAGES. In addition,claims for shortages,Otherthah loss in transit.,must be made in Writing not mare 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 thisagreementor toexerciseany right hereunder shall not bedeemed to be a walver.of such terms,conditions,'or nights.In the future-,hot shalfit bedeemed to be a waiver of any Other term.,condition, orriaht:under this agreement. 9. MODIFICATION OF TERMS AND CONDITIONS—These terms and conditions supersede al(other communications;negotiations, ations, and prior-oral. or written statements:regarding the subject matter of these terms and conditions. No change,modifloation,rescission,-discharge,abandonment, orwaiver of these terms and.conditions.shall be.binding upon Graybar unless made in writing and signedon 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 patty to be bound.Any proposed 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 acceptanceisexpressly conditional upon Buyer's assent.to any additional or-different terms set forth herein, 10. REELS—When Graybar ships returnable reels,areel deposit may be included:m 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 all 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 1124.6i:asamended,the Rehabilitation Qct of 1.97..3,as amended,d,th e Vietnam Vetipran.9'Readjustment; Assistance Actof 1974,as amended,E.O.13495,20 CPR Part 471,AppendixAto Subpart A,and the corresponding:regulations,to the extentrequired by few.41 CFR 13504A,60-741.5,and 60-250.5 are incorporated herein by reference,to the extent legally required. tion,(i)the United led States Foreign Corrupt Practices Act(PCPA)(15 U.S.C.§§78dd-1,et.seq.)irrespective of the place of:performance,and(ii)laws and regulations implementing.the Organization for Economic Cooperation and Development's Convention-on Combating I Bribery of Foreign.Public Officials in International:Business.Transactions,the U .1A.Convention Against Corruption,and the Inter.American 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 heteunder or any interest herein without the prior written consent of'Graybar, and any such asri nmenL without such consent.shall be void 14. GENERAL PROVISIONS—All typographical or clerical errors made by Graybar in any qUotation,acknowl6dgment or publication are subiedt to correction.This agreernent shall be governed by the laws ofthe State of Missouri applicable to coinitactsto be forhried and fully performedwithinthe State.of Missourt.Without giving.effect to the choice or conflicts of law*provislons'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 unless Otherwise determined in Grtybar'ssole discretion.BUyer hereby irrevocably contents to the jurisdiction of such court orcourtsand agrees to appear in any such action upon written notice thereof- V 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 Regulations and/or the Export Administration Act,as,may be amended';Buyer further agrees that if the export laws are applicable,it Will not disclose or re-export any technical data received under this order toanycountries for Which the United States government Ru, Z requires ah export license or othersupporting documentation at the time of exportor transfer,unless Buyer has obtained prior Written authorization < from the United States Office Of Export Control or other:authority responsible for sath.matters. ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL An invoice of bill to be properly itemized must show; kind of service where h re pertormed, 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 1/27/15 977023418 Can lights CFL 26 watt 38021 $ 1,903..20 1/28/15 1 977048695 Can lights CFL 26 watt 38021 $ 292,80 _ 2/9/1.5._ 977226782 Credit for return.. 38021 $ (2,196.00) 2/23/1.5 977463459 Lamps for track xa1762 $ 266.76 Total $ 266.76 1 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 I I In Sum of$ $ 266.76 ON ACCOUNT OF APPROPRIATION FOR 109 Monon Center PO#or INVOICE NO. ACCT#/TITLE AMOUNT Board Members Dept# 1093 977023418 4350000 $ 1,903.20 1 hereby certify that the attached invoice(s), or 1093, 977048695 4350000 $ 292.80 bill(s)is(are)true and correct and that the 1093 977226782 4350000 $ (2,196.00) materials or services itemized thereon for 1093 977463459 4350000 $ 266.76 which charge is made were ordered and received except I 'P i Signature $ 266.76 Accounts Payable.Coordinator Cost distribution ledger classification if Title claim paid motor vehicle highway fund