252623 12/15/15 CITY OF CARMEL, INDIANA VENDOR: 365844
(9,
ONE CIVIC SQUARE FUN EXPRESSCHECK AMOUNT: $********55.53*
CARMEL, INDIANA 46032 PO BOX 14463 CHECK NUMBER: 252623
DES MOINES IA 50306-3463 CHECK DATE: 12/15/15
DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION
1081 4239039 67508006701 55.53 GENERAL PROGRAM SUPPL
II
1
180 �
.r" Invoice#: 675080067-01
DEC 10 2015,
Date: 12/04/2015
0
Page#: 1
o �
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s SOLD SHIP TO:
W
g G54KBE00700039047886 COLLEGE WOOD/PARKS&REC
N CARMEL CLAY PARKS&REC
DAWN KOEPPER JAMES DOWELL
0 1411 E. 116TH STREET 12415 SHELBOURNE ROAD
CARMEL, IN 46032-3455 CARMEL, IN 46033
P�irchase Order I+ITumber� �� Date Orderatl� Date Shipped Back Orders Terns � ��� �� �����;
- --' �u?3 a+�•zss-rc[�� sotF`/i
a ., � r INN �:,� ., $" ,e
�eC11111 WF
T r glt1ce . l t�1{liTLt
1D-48/5735 2DZ 2 CYO TROPICAL FLYING DISKS 8.79 17.58
1D-57/9197 1UN 1 A DAY AT THE BEACH!SAND ART 12.00 12.00
1D-48/7873 2DZ 2 CYO TIKI MASK 4.20 8.40
1D-13696451 1UN 1 TROPICAL SUNCATCHER 7.60 7.60
AO-99/ENVL IPC 1 ATTACH PACKING LIST ENVELOPE
Call to speak to a customer service representative: 1-800-228-0122
cnancl�se ip mndltng Ids Tax}�R Trtal Act+&ntys u w cafe er ynnts$ 13alnce lue �y�r�
;! r'. ::. . s'"L}f�ry3�. �.1/U �; s',. �?�'°J
V V PLEASE DETACH AND RETURN WITH REMITTANCE V V
TERMS AND CONDITIONS OF ORDER
1. Acceptance and Delivery. Seller shall not be responsible for any delay in its performance beyond its control or beyond the control of it,suppliers. The parties agree that,unless otherwise agreed to in writing
and signed by both parties,shipping dates are approximate and that time is not of the essence.All orders by Buyer constitute offers to purchase which arc subject to acceptance or rejection by Seller in Omaha,Nebraska
and any contract for the sale of goods by Seller is formed and performed in Nebraska. Seller's acceptance of any order from Buyer is expressly conditional upon Buyer's assent to the termovrd conditions set forth
herein and Seller expressly limits its acceptance of Buyer's order to such terms and conditions and any additional or different terms proposed by Buyer,whether oral,written or electron..:are expressly rejected.
Notwithstanding any other quoted delivery time,Seller shall ship merchandise ordered by Buyer within 180 days or cancel the order for such merchandise.Unless and until Buyer cancels tin order,'Buyer consents to
the backorder or delay in shipping of merchnadise of up to 180 days. Iran item is backordered,Buyer may cancel such order at any time by providing notice of cancelation to Seller.
2 Payment Terms. Payment terms shall be governed by the terms on the face of this order or invoice and the credit terms extended by Seller,if any. Any such credit terms may be revoked by Seller at any time.
Payment shall be due and payable on the date so specified. Past due balances remaining unpaid will be subject to a delinquency charge at the rate of I%percent per month or the maximum rate permitted by law,
whichever is less;and Buyer shall pay all Seller's costs of collection of past due amounts,including but not limited to attorney fees and court costs. If credit terms are extended to Buyer,Buyer hereby grants a security
interest in the merchandise purchased by Buyer and all proceeds from the sale or disposition of such merchandise and appoints Seller as Buyer's anomey-in-fact to execute on Buyer's behalf any Uniform Commercial
Code financing statements Seller deems reasonably necessary to perfect Seller's security interest.Buyer agrees to pay S40.00 per check on all returned or insufficient funds checks.Seller agrees and acknowledges that
Buyer tenders payment for each order and Seller is authorized to charge Buyer's credit card or other charge account(whether Seller or a third parry is the creditor)only as of the day Seller ships the order and only in
respect to the merchandise shipped.Seller has no authorization or right to payment prior to the day Seller slips the merchandise ordered by Buyer.
3. Wananty and Risk of Loss. Seller shall,at its election,either repair,replace,or refund the purchase price,exclusive of shipping and handling charges,for any merchandise which is defective in workmanship or
material and for which Buyer makes a claim within five(5)days after receipt of the merchandise. When making such a claim,Buyer must submit both the original packing slip and the defective merchandise itself(or
a sample thereof),unless these conditions are waived by Seller in writing. This pamgmph constitutes Seller's sole obligation as to the merchandise,and the Buyer acknowledges that this pamgraph sets forth Buyer's
exclusive remedy for any breach of wananry or other duty related to the merchandise or quality thereof.Any refund for merchandise shall not include shipping and handling,unless otherwise agreed by Seller in writing.
At its discretion,Seller may charge a restocking fee,not to exceed twenty-five percent(25%)for returned merchandise. Title to the merchandise passes to Buyer at and Buyer bears all risk of loss from the time the
merchandise is loaded onto common carrier to be shipped to Buyer,regardless of whether Seller pays height. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT,SELLER MAKES NO OTHER
WARRANTIES,EXPRESS OR RVIPLIED,OR WITH RESPECT TO ANY APPROVALS,CHARACTERISTICS,CERTIFICATIONS,INGREDIENTS,BENEFITS,USES,STANDARDS,QUALITY OR
GRADE OF ANY MERCHANDISE,OR ARISING BY CUSTOM OR TRADE USAGE AND,SPECIFICALLY,MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE AND ANY WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES AND GUARANTEES WITH RESPECT TO THE MERCHANDISE ARE HEREBY SUPERCEDED,
EXCLUDED AND DISCLAIMED. THE EXPRESS WARRANTY CONTAINED IN PARAGRAPH 3 HEREIN CONSTITUTES THE SOLE AND EXCLUSIVE WARRANTY MADE BY SELLER AND IS
IN LIEU OF ALL OTHER WARRANTIES.IN NO EVENT SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL,INDIRECT,SPECIAL,PUNITIVE OR INCIDENTAL DAMAGES OR LOST
PROFITS,EVEN IF SELLER IS ADVISED OF THE POSSIBILITY OF THE SAME IN ADVANCE. SELLER'S AGGREGATE LIABILITY IS LIMITED TO THE AMOUNT ACTUALLY PAID BY BUYER.
4. Product Descriptions. Seller periodically adds,changes,modifies and updates its catalogs and website,including without limitation these Terms and Conditions.Seller tries to be as accurate as possible,but
makes no warranties or representations that(a)the content,including product descriptions,prices and depictions,are accurate,complete,reliable,current or error-flee,(b)any merchandise has any particular approvals,
certificarions,characteristics,uses,ingredients,or benefits,or(c)any merchandise is of or meets any particular standard,certification,quality or grade,Seller assumes no liability with respect to any of the forgoing.If
a product purchased is not as described or expected,Buyer's sole remedy is to return it in unused condition.
5. Nonwaiver of Defaults. Each shipment made under any order shall be treated as n separate transncrion,but in the event of any default by Buyer,Seller may decline to make further shipments without in anyway
affecting Seller's rights under such order. If,despite a default by Buyer,Seller elects to continue to make shipments,or accept further orders from Buyer,such action(s)shall not constitute a waiver of any default by
11„g Buyer-orin any hyay affect Seller's legal,or equiu+ble_rmedies forany such dcfault„o�oEan default at,any prior or subsequent time._Any refund,.credit,.giR.certilie me or discount.due Buyer may_ offset against
amounts owed io Seller.-
6.
eller:6. Dispute Resolution. Buyer agrees that any action brought by Buyer to resolve any claim,dispute or controversy of any nature arising out of or related to any order or transaction between Buyer and Seller or any
merchandise sold or distributed by Seller or any policy,statement,representation,advertisement,promotion,offer,customer information of Seller,or these Terms and Conditions shall be brought in a court ofcompetent
jurisdiction in Douglas County,Nebraska and Buyer hereby consents to the exclusive jurisdiction of such courts. All such claims,disputes or controversies shall be resolved individually and not as part of any class
action or class arbitration and the right to commence or participate in any class proceedings is specifically waived by Buyer.
7. Personalized Product If the order includes personalizmion of product or the printing or other reproduction of trademarks,service marks,trade names,logos,messages or business symbols("Marks"),Buyer
hereby grants to Seller the non-exclusive right and license to use such Marls on the products and to cause the products to be produced with the Marks. Buyer further grants permission and consents to Seller's use of a
photograph or other likeness of the finished products for purposes of advertising or promoting Seller's business relating to such personalization production work and merchandise sales. Seller shall have no right,title
or other interest in the Marks except as expressly granted herein. Buyer represents and warrants that it owns the Marks and is authorized to license the Marls to Seller. Buyer agrees to indemnify and hold harmless
Seller from any loss,liability,damage,claims,demands,actions,costs or expense of any nature(including attorney fees)arising out of or in any manner connected with Buyer's or Seller's use of the Marks.Seller
reserves the right to reject or rescind any order for personalized product in its sole discretion.
8. Compliance with Lows and Indemnification. Buyer agrees to provide Seller with written notice prior to placing any order if Buyer intends to distribute any product into the state of California and
acknowledges and agrees that any such distribution of product into the state of California may require appropriate Proposition 65(Title 22 of the California Code of Regulations)warning labels.I f Buyer fails to provide
such notice or fails to provide appropriate Proposition 65 warnings and distributes any product into the state of Cali fomia,Buyer agrees to indemnify,defend and hold harmless Seller from and against any and all costs,
damages,liability and expenses(including attorney fees)arising out of any alleged Proposition 65 violations.In addition,if Buyer intends to resell,distribute or export any product,Buyer agrees to bear all responsibility
for compliance with the Inws,rules and regulations of the jurisdiction in which the product is resold or to which the product is distributed or exported,and Buyer agrees to indemnify,defend and hold hamdess Seller
from and against any and all costs,damages,linbihty,fres,penalties and expenses(including attorney fees)arising out of any such resale,distribution or exportation
9. Electronic Communications. WHEN BUYER PROVIDES SELLER WITH BUYER'S EMAIL ADDRESS OR TELEPHONE NUMBER,SENDS SELLER EMAILS OR VISITS THE SELLER'S
WEBSITE OR SOCIAL MEDIA CHANNELS, BUYER IS COMMUNICATING WITH SELLER ELECTRONICALLY AND CONSENTS TO RECEIVE COMMUNICATIONS FROM SELLER
ELECTRONICALLY.SELLER MAY COMMUNICATE WITH BUYER BY TELEPHONE,EMAIL,TEXT,FACSIMILE,SOCIAL MEDIA OR BY POSTING NOTICES ON SELLER'S WEBSITE.BUYER
EXPRESSLY CONSENTS TO RECEIVE ANY SUCH COMMUNICATIONS AND AUTHORIZES SELLER TO DELIVER OR CAUSE TO BE DELIVERED ADVERTISEMENTS OR TELEPHONE
MESSAGES USING AUTOMATIC DIALING SYSTEMS OR PRERECORDED VOICE TO THE TELEPHONE NUMBERS BUYER PROVIDES,AND BUYER HEREBY WAIVES ANY CLAIMS BASED
ON SUCH COMMUNICATIONS.BUYER AGREES THAT ALL NOTICES,DISCLOSURES,AGREEMENTS OR OTHER COMMUNICATIONS SELLER PROVIDES ELECTRONICALLY SATISFY
ANY LEGAL REQUIREMENT THAT SUCH COMMUNICATIONS BE IN WRITING.
10. International Trade.If Buyer is purchasing merchandise for delivery or importation to a country other than the United States,Buyer is solely responsible for and will comply with all applicable laws,ndes,
regulations,and treaties of the United States and thejurisdiction of the destination of the merchandise in connection with the t ansportadon,exportation,importation,delivery,distribution and resale of the merchandise.
Buyer is also solely responsible for and shall obtain all certifications,declarations,accreditation,registrations,tests,licenses,permits,inspections,or similar requirements of any jurisdiction of the destination of the
merchandise and shall bear all costs and expenses related thereto and shall bear all costs and expenses relating to any taxes,duties,levees,or assessments associated with the transportation,exportation,and hnportadorl
ofthe merchandise.Seller makes no representations or warranties with respect to the foregoing or that the merchandise is suitable for or will comply with applicable laws of any jurisdiction.
11. Miscellnneous. No amendment,modification or addition to these tents and conditions shall be binding unless expressly agreed to in writing and signed by Seller. These tents and conditions shall be
binding upon Buyer,its permitted successors and assign,and shall inure to the benefit of Seller.Any waiver by Seller of any part herein shall not constitute a waiver of any other part.These terns and conditions shall
be construed under and governed by the substantive laws and not the choice of law rules of the state of Nebraska. Buyer consents to and agrees that any state or federal court in Douglas County,Nebraska shall hnve
personal and subject matterjurisdiction over Buyer and this Agreement;that Nebraska has the most significant contacts with this Agreement,to the exclusion of any other state;and that any legal dispute brought by
either Buyer or Seller relating to this Agreement wiI be instituted in Douglas County,Nebraska pursuant to section 6 above. Buyer expressly consents and agrees to receive communications regarding any order or
uu=crion from Seller by electronic mail and facsimile.
Rev.5-06-15
ACCOUNTS PAYABLE VOUCHER
CITY OF CARMEL
An invoice of bill to be properly itemized must show; kind of service,where performed, dates service rendered, by
whom, rates per day, number of hours, rate per hour, number of units, price per unit, etc.
Payee
Purchase Order No.
365844 Fun Express, LLC Terms
P.O. Box 14463
Des Moines, IA 50306-3463
Invoice Invoice Description
Date Number (or note attached invoice(s)or bill(s)) PO# Amount
12/4/15 67508006701 SOC Supplies xx3070 $ 55.53
Total $ 55.53
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
120
Clerk-Treasurer
Voucher No. Warrant No. i
365844 Fun Express, LLC l Allowed 20
P.O. Box 14463
Des Moines, IA 50306-3463 r
In Sum of$
$ 55.53 l
I
ON ACCOUNT OF APPROPRIATION FOR "p
108 ESE
PO#or INVOICE NO. ACCT#JTITL AMOUNT Board Members
Dept#
1081-99 67508006701 4239039 $ 55.53 ' 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
I�.
1,
i
December 11,2015
iSignature
$ 55.53 14 Accounts Payable Coordinator
Cost distribution ledger classification if �' Title
claim paid motor vehicle highway fund
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