HomeMy WebLinkAbout244486 4 /21/2015 J; ,.• CITY OF CARMEL, INDIANA VENDOR: 357329 .
ONE CIVIC SQUARE GIRARD INDUSTRIES CHECK AMOUNT: $*****1,213.33*
CARMEL, INDIANA 46032 6531 NORTH ELDRIDGE PARKWAY CHECK NUMBER: 244486
HOUSTON TX 7701-3507 CHECK DATE: 04/21/15
DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION
651 5023990 130258 1,213.33 OTHER EXPENSES
GIRARD Invoice.Number: 130258
Girard Industries INVOICE Invoice Date: 04/07/15
6531 North Eldridge Parkway
Houston,Texas 77041-3507 Page: 1
Ph: 713-466-3100 Fax:713-466-8050 Customer No.: 4078
ALL AMOUNTS STATED IN US DOLLARS
B 4078 S 9609
I Carmel Wasterwater Utilities H Carmel Waste Water Treatment Plant
t- _ Attn: Paul Arnone ��� 9609 Hazel Dell Parkway
L 9609 Hazel Dell Parkway P Indianapolis, IN 46280
It Indianapolis, IN 46280 T
O O
ORDER PURCHASE ORDER SLSRP SHIP DATE FRT.TERMS SHIP VIA TERMS
106845 S14932 DPA 04/06/15 EXW Girard Plant H UPS Ground PPA"" Net 30 Days
:ITEM PART . `s ",- DESCRIPTION U/M, ORDERED �a B/O SHIPPED ��.UNITPPRICE NET PRICE
1 RCCWB02.625M 2-5/8"OD Girard Red Criss-Cross Stainless Steel Ea. 12 12 100.00 1,200.00
Wire Brush Pig with Magnet for Cleaning Heat
Exchanger
INVOICE SUB-TOTAL MISCELLANEOUS SALES TAX , FREIGHT • IN
1,200.00 0.00 0.00 13.33 1,213.33 USD
RETURN GOODS NOT ACCEPTED i
UNLESS ACCOMPANIED BY RETURN THIS ORDER IS SUBJECT TO THE TERMS AND CONDITIONS STATED ON THE REVERSE SIDE OF THIS FORM.
MATERIAL AUTHORIZATION(RMA)NUMBER '
GIRARD INDUSTRIES
TERMS AND CONDITIONS
1. DEFINITIONS (b)This warranty shall not be effective unless Seller receives a written clams within thirty(30)
(a)`Buyer The Person identified as Buyer or Customer 01)the face hereof.. days after discovery of any defect with respect to which a claim is made
(b)"Goods'-The items described on the face hereof or attachment which are being sold by (c)Seller shall have the right(bill not the obligation)le verity,with its Own reprc-sentativos,the
Seller to Buyer under the terms of this Agreement. nature and extent of any claimed defect prior to return of the goods M Seller.Upon request by Seller,
(c)'Person'-An individual,partnership,corporation,association or other entity. Buyer shall,at its own risk and expense,promptly return the Goods in question to Seller's plant.
(d)"Seller.-Girard industries (d)Buyer rovnants to inform any subsequent buyers cr the goods of the limitation on anal
exclusion of warranties provided for herein. Buyer hereby:rdemnlies oral agrees to hold Seller
(e)°Salter's Plant-Seller's plant at Houston.Texas or any other location of Seller. harmless from and against all losses.costs.and expenses.including reasonable attorneys'tees.
(t)'Shipping Address'-The address to which the Goods are to be shipped.as shown on the incurred by Seiler as a result of any Third party claim relating to the purchase.sale Or use of,Or
face hereof. Otherwise relatirg to,the goods Covered by this Agreement.
2- QUOTATIONS (e)Sellers liability for any breach of warranty shall be`imded either to(f)repair or replacement
All quotations and offers are contingent on acceptance by Buyer within the period set lorth On the (whichever Seller shall elec)al Seller's Plant of anv Goods determined by seller to be defective.or(it
face hereof,and if not accepted within such period.shall be payment of an ar-iount equal to the invoiced cost to Buyer cr the part or material which is detective,as
_p p subject to change or revocation by Senor •elect.In n0 event shall without notice. Seller may an Setter be requited 10 repair,replace or re!mhwse Buyer for more
than the par,of material that is fount to be defective and Sellers liability shall in no event be greater
3. SALES BY AGENTS than the invoiced price of the item and shall net include labor,shipping or other costs incurred!n
No person acting as an agent of Seller shall have authority to bund Sellei to any contract. All connection.:,with the reshipment of defective Goods to Seller or fire reinstallation Of such Goods alter
orders must be accepted in writ!nc at Seller's home office, any repair or replacement The Goods.as a wholo shall ret be construed 10 be a`part"or"rnaterial-
4. - DELIVERY AND RISK OF LOSS for the purpose of the immediately preceding sentence.Any Goods that are repaired or replaced by
Seller shall be re-de!ivered to Buyer F.O.B.Seller's Plant in acconiance with Paragraph-t and shall be
(a)All sales are F.O.B.Seller's Plant.unless otherwise stated On the face hereof. warranted to.,the remaining term of the original Wa,rorty Period•:Oi such Goods.THE REMEDY SET
(b)All shipping dates are estimates and do not guarantee a particular date of shipment.SELLER FORTH IN THIS PARAGRAPH 11 IS EXPRESSLY AGREED TO BE THE SOLE AND EXCLUSIVE
SHALL NOT BE LIABLE FOR LOSSES OR DAMAGES OF ANY KIND WHATSOEVER(WHETHER REMEDY FOR ANY BREACH OF WARRANTY.
INCIDENTAL,CONSEQUENTIAL OR OTHERWISE)ATTRIBUTABLE TO OR RESULTING IN ANY it)THE WARRANTY SET FORTH INTHIS PARAGRAPH 11 IS IN LIEU OF ALL OTHER
WAY FROM DELAYS IN SHIPPING. WARRANTIES(EXCEPT OF TITLE),EXPRESS,IMPLIED OR STATUTORY.,INCLUDING WITHOUT
(c)Seller shall ship the Goods to Buyer at the Shipping Address by any commercially reasonable LIMITATION ANY IMPLIED OR EXPRESS WARRANTIES OF MERCHANTABILITY.FITNESS FOR A
means and shall have the option of selecting the particular route and carder.Seller shall not be PARTICULAR PURPOSE AND CONFORMITY TO MODELS OR SAMPLES.ALL OTHER LIABILITY,
obligated to make delivery at the Shipping Address.Delivery of the Goals to a carrier at Seller's Plant WHETHER IN CONTRACT OR TORT. STRICT LIABILITY. NEGLIGENCE OR OTHERWISE. IS
shall constitute delivery to Buyer for all purposes of this Agreement. HEREBY EXCLUDED
(d)All risk of loss with respect to the Goods shall pass to Buyer upon delivery of the Goods to a 12. INDEMNIFICATION
carrier at Sellers Plant for transportation to file Shipping Address.No Goods are insured by Seller BUYER HEREBY INDEMNIFIES AND AGREES TO HOLD SELLER HARMLESS FROM AND
against damage or toss in transit. AGAINST ANY AND ALL LIABILITIES. LOSSES. COSTS. (INCLUDING ATTORNEYS' FEES}.
5. IN CLAIMS AND CAUSES OF ACTION IN FAVOR OF ANY AND ALL PERSONS ARISING OUT OF.
-- Buyeshatt-inspect-the-G00ds.-inraediately-upcu-dalivary-at-til,-Stvppfag..Ar•iraas_and.tvithin- _ RESULTING FROM OR IN ANY WAY ATTRIBUTABLE TO THE USE OR OPERATION OF THE
thirty(30)days of delivery,shall give written notice to Seller of any claim that the Goods are non- GOODS OR ANN-DEr'rE�,TIATER?ALOHZRINGTF WRICF-M C CDS ARE"Tr1ADE- r
conforming or otherwise detective.Buyer agrees that such 30 day period is a reasonable time for TO WHICH THE GOODS ARE ATTACHED OR WITHIN WHICH THE GOODS ARE ENCLOSED.
inspection of the Goods,and failure of Buyer to give written notice within such 30 day period shall WHILE IN BUYER'S POSSESSION OR SUBSEQUENT TO ANY TRANSFER TO ANY THIRD
constitute irrevocable acceptance of the Goods.Buyer sl?all bear the expenses of inspection under all PARTY, REGARDLESS OF V✓HEl'HLR SELLER ANDrOR OTHERS MAY BE WHOLLY,
circumstances. CONCURRENTLY,PARTIALLY,JOINTLY OR SOLELY NEGLIGENT OR OTHERWISE AT FAULT.
6. RETURNED GOODS 13. LIMITATION OF LIABILITY IN GENERAL
Goods may rot be returned,and will not be accepted,without Setters prior wnller;approval. IN NO EVENT WHATSOEVER SHALL. SELLER BE LIABLE TO BUYER.ITS AFFILIATES.
SUCCESSORS,ASSIGNS.VENDEES OR TRANSFEREES.OR TO ANY THIRD PARTY.FOR ANY
7. FORCE MAJEURE;ADJUSTMENTS ECONOMIC LOSS,PHYSICAL HARM,INCIDENTAL,CONSEQUENTIAL OR SPECIAL DAMAGES
It any performance by Seller under lilts Agreement is delayed or matte impracticable or (INCLUDING. WITHOUT LIMITATION, LOST PROFITS AND%OR LOST BUSINESS
burdensome by reason of any cause beyond Sellers reasonable control.including without limitation, OPPORTUNITIES)ARISING OUT OF,RESULTING FROM OR RELATING IN ANY WAY TO THIS
acts of God,fire.'food,explosion.vandalism.sabotage.riot,insurrection,severe weather,curtailment AGREEMENT OR ACTS OR OMISSIONS IN CONNECTION HEREbYITH INCLUDING WITHOUT
or termination of necessary licenses,permits.materials or equipment,acts or emissions of Buver of LIMITATION.THE PERFORMANCE,WHETHER OR NOT TIF,°ELY,OR NONPERFORMANCE OF
changes or additions to this Agreement, strikes Or other labor disputes involving Seller, its THIS AGREEMENT AND THE LOSS OR LOSS OF USE OF ANY OF THE GOODS OR OTHER
subcontractors or supplier.(if being understood that Seller shall not be Obligated to settle any strike or PROPERTY,REGARDLESS OF WHETHER THE GOODS OR THE USE THEREOF RESULTS IN '
other labor dispute or,terms unsatisfactory to-Seller)and any existing or future laws or acts of any DAMAGE OR HARK?ONLY TO THE GOODS OR TO OTHER PROPERTY OR VA-IETHER SELLER
government of body),then Q Seller shall be excused from performance to the extent that and for so AND OR OTHERS MAY BE WHOLLY, CONCURRENTLY, PARTIALLY.JOINTLY OR SOLE!'+'
long as such performance is delayed by such cause,(it)the delivery of the Goods affected shall be NEGLIGENT OR OTHERWISE AT FAULT.
rescheduled and(li)the price of such Goods shall be adjusted to reflect any effects of the delay on 14. RELIANCE
Seller's costs. AS MORE FULLY SET FORTH IN THIS .AGREEMENT. SELLER AND BUYER HAVE
B. CANCELLATION REACHED EXPRESS AGREEMENT WITH RESPECT TO THE LIMITATIONS OF THE LIABILITY OF
No notice of cancellation or termination shall relieve Buyer from any obligations under this SELLER IN CONNECTION WITH THIS AGREEMENT. SELLER AND BUYER EXPRESSLY
Agreement without the prior written consent of Seller,which consent must be signed by a corporate RECOGNIZE THAT (i) THE PRICE FOR WHICH SELLER HAS AGREED TO PERFORM ITS .
officer of Seiler in sellers bone office or by a Regional Manager of Seller.Any consent by Seller to OBLIGATIONS UNDER THIS AGREEMENT HAS BEEN PREDICTED ON SAID LIMITATION OF
cancel or terminate this Agreement shall be subject 10 and contingent on payment by Buyer of a LIABILITY,AND(n)SELLER EXPRESSLY RELIED ON SUCH LIMITATIONS OF LIABILITY AND
minimum charge equal to(1)fifty percent(50%)of the established list or quoted price for all items WOULD NOT HAVE ENTERED INTO THIS AGR.EENIENT BUT FOR SUCH LIMITATIONS OF
completed poor to cancellation,plus(2)an amount equal to all costs incurred by Seller plus(25`.6) LIABILITY.
thereof for all incomplete items,plus(3)charges for packing and storing. is. PROPRIETARY INFORMATION
9. STOP WORK All information furnished by Seller is solely for Buyers consideration a?d shall riot be used by
(a)It Buyer shall request Seller to slop work on an order,such order shall be considered Buyer or disclosed t0 any Person without Seller's prior written consent.
completed in its then state of partial completion,and shall be subject to the fallowing terms: 16. FORM,FORMATION.AND READJUSTMENT OF AGREEMENT
(i) Seller will use its best efforts to stop all work on the order as promptly as reasonably (a)No other representations,warranties or specificatlars.Oral or written.including any brochures
practicable. provided by seller,shall modify or expand the obligations of Seller container'herein•and no sales
(it)Seller will store,as bailee for buyer.all finished and unfinished items not listed in Sellers representative or agent of Seller has any authority to make any additional representations or
standard price Itsts add any standard items which cannot be used at that time to fill another warranties on behalf of Seller.
order. (b)The ferns and conditions of this Agreement shall not be modified or rescinded except by
(ili)Buyer.will immediately pay to Seller(1)the established list or quoted price for all completed written instrument executed by an authorized representative of each Buyer and Seller.
items,plus(2)an amount equal to all costs incurred by Seller plus 251.,.thereof for all incomplete ic)Sellers acceptance of Buyer's offer to purchase the Goods is expressly conditional on buyer's
_items.:plus(3)czar eg s for packing and storing_ _ _ assent to all of the terms of this Agreement,notwithstanding any different or additional terms contained
(iv)Upon Buyers request within thirty(30)days after the original request to stop work,Seller,at in any willing submitted Or to-6a s-515rniited to Seller by 0n.on hehalt of Buyer.Buvers ass0nl will be
its option,may reinstate an order at the earliest practicable date,subject to buyer's acceptance conclusively established either by Buyers execution of this Agreement or by Buyer's acceptance of any
of prices,terms and shipping schedule quoted prior to such reinstatement.any request to stop Goods shipped under this Agreement.
work for a period in excess of 30 days will be considered a cancellation,request.. 17. TIME LIMITATION ON ACTIONS;WAIVER
(v)Upon reinstatement of an order,Seller will credit Buyer for parts held in storage as Buyer's (a)Any action by Buyer for an alleged breach of warranty,breach of contract or tort arising out or
property if such parts can be used in filling the reinstated order. related to this Agreement shall be commenced not later than one(1)year after such rause of action
(b)Seller may stop work and refuse to ship any finished Goods in the event that Buyer is accrues.If Buyer fails to commence any such action within such 7 year period,the action shall be
bankrupt,insolvent or otherwise in default of the terms of this Agreement or any other agreement deemed barred and Seller shall have no liability whatsoever to Buyer with respect thereto.
between Buyer and Seller. (b)The fights and remedies available to Seiler hereunder shall be cumulative and in addition to
10. SPECIAL TERMS APPLICABLE TO CONSTRUCTION PRODUCTS any other rights and remedies provided by law.The failure of Seller to insist on strict performance
allow approximately two 2 weeks lead time riot to initiation of hereof shall not constitute a waiver of. or estoppel against asserting, the right to require such
(a) pp y () production after delivery p p ry of performance in the future,nor shall a waiver or estoppel in any one instance constitute a waiver or
approved sepias to Seller's Plant.Estimated delivery schedule will be determined during lead time estoppel with respect to a later breach of similar nature or otherwise.
period. 16. GOVERNING LAW;CONSENT TO JURISDICTION
(b)If production is not authorized by buyer within three(3)months after receipt of the order,the This Agreement shall be deemed to have been made under, and shall be construed and
prices on this quotation may be adjusted in accordance with Seller's prices at the time of production. interpreted in accordance with,the laws of the State of Texas.without regard to otherwise applicable
(c)Retainage:No retainage allowed. Texas choice of law rules or principles.Buyer hereby submits to the jurisdiction of the state and federal
(d)Backcharge:No backcharge or deductions from invoice amount will be allowed. courts in the State of Texas and hereby designates the Secretary of State of Texas as art authorized
11. LIMITED WARRANTY agent to accept service on behalf of Buyer of any process in the State of Texas in connection with this
Agreement.
Seller warrants that the Goods shall be tree from defects in materials manufactured by Seller and 19. SEVERABILITY
in Seller's workmanship for a period of ninety(90)days following shipment(the'Warranty Period").
This limited warranty shalt apply only in favor of Buyer,shall expire on the last day of such ninety(90) If any of the terms and conditions of this Agreement are held by any court to be invalid or
day period,and shall be subject to the following: unenforceable under applicable law,the parties agree to amend such provision only to the extent
a This warranty shall no'apply
ly to Goods which have been 1)re a red or altered b an Person necessary to enable it to be valid and enforceable under applicable law, without invalidating the
other than Seller; (ii)subjected tounreasonable or improper use orusebeyond rated conditions, remaining provisions of this Agreement,which shall remain in full force and effect.
improper storage, negligence or accident: (iii) damaged because or use of the Goods, or the 20. NO ASSIGNMENT
incorporation of any Goods into or use of any Goods with other materials or equipment,after Buyer(or Buyer may not assign any of its rights or obligations under this Agreement.
any other Person using the Goods)has,or reasonably should have,knowledge of any defect:(iv) 21• SECURITY INTEREST;COSTS OF COLLECTION
manufactured,fabricated or assembled by any Person other than Seller(Seller shall assign to Buyer,
to the extent same is assignable,any warranty Seller has received from the manufacturer of such Buyer hereby grants to Seller a purchase money security interest in all of the Goods purchased
Goods):or(v)improperly installed by any Person(including Buyer)other than Seller. pursuant Hereto:together with all accounts receivable and proceeds of the sale!thereof,as security for
all amounts due to Seller.Upon request by Seller,Buyer shall execute all financing statements and
other documents necessary to perfect the security interest granted herein.Buyer will be liable to Seller
for all costs of collection,including without limitation attorneys'fees.
.VOUCHER # 155338 WARRANT # ALLOWED
357329 IN SUM OF $
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GIRARD INDUSTRIES
6531 N. ELDRIDGE PARKWAY
HOUSTON, TX 77041-3507 If
Carmel Wastewater Utility
ON ACCOUNT OF APPROPRIATION FOR -i•
y
!� Board members
PO# INV# ACCT# AMOUNT Audit Trail Code
130258 01-7202-05 $1,213.33
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Voucher Total $1,213.33 .
Cost distribution ledger classification if
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claim paid under vehicle highway fund
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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
357329
GIRARD INDUSTRIES Purchase Order No.
6531 N. ELDRIDGE PARKWAY Terms
HOUSTON, TX 77041-3507 i Due Date 4/15/2015
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Invoice Invoice Description
Date Number (or note attached invoice(s) or bill(s)) Amount
4/15/2015 130258 ; $1,213.33
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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
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