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Home My WebLink About253762 01/22/16 %'�''''. CITY OF CARMEL, INDIANA VENDOR: 364769 :l ONE CIVIC SQUARE STRYKER SALES CORP CHECK AMOUNT: $*******195.47* CARMEL, INDIANA 46032 PO BOX 93308 CHECK NUMBER: 253762 ��Tox�O CHICAGO IL 60673-3308 CHECK DATE: 01/22/16 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 1120 4237000 185583GM 195.47 REPAIR PARTS INVOICE SHIP TO: 1066238 MAKE PAYMENT TO: stpyker SCARMEL FIRE EM STRYKER SALES CORPORATION 2 CARMEL CIVIC SQ P.O.BOX 93308CHICAGO,IL 60673-330 CARMEL 46032 PH-1-800-733-2383 CONTACT: STRYKER MEDICAL BILL TO: 1066238 1901 Romance Rd Parkway CARMEL FIRE EMS Portage,MI 49002 2 CARMEL CIVIC SQ Phone Number:(800)327-0770 CARMEL IN 46032 Fax Number:(866)551-2618 www.stryker.com INVOICE NUMBER DATE CUSTOMER P.O. SALES REP ORDER NUMBER PAGE 1855836M 01/11/16 VANVOORST-LOCK BAR O'GRADY,AMANDA 4644212 SO 1 of 1 TERMS SHIPPING METHOD Net 30 days FED EX SHIPPINGINSTRUCTRNW- LINE EXTENDED NO. DESCRIPTION ITEM SERIAL QUANTITY UNIT PRICE PRICE NUMBER NUMBER SHIPPED Bob VanVoorst 317 709-0198 1.000 RAIL ASSEMBLY 6360020010S 1 195.4700 195.47 CLAIMS FOR SHORT SHIPMENT MUST BE MADE WITHIN 30 DAYS CURRENCY SUBTOTAL SALES TAX TOTAL OF RECEIPT. NO MERCHANDISE MAY BE RETURNED TO STRYKER FOR CREDIT WITHOUT OUR EXPRESS PERMISSION IN ADVANCE. USD 195.47 195.47 Subject to applicable shipping and handling charges. FINANCE CHARGE OF 1 1/2%(ANNUAL PERCENTAGE RATE IS 18%)IS ADDED TO ALL PAST DUE ACCOUNTS. *Lease payment plans are available.If interested,please contact A/R immediately to start the application process. 01/1112016 20:37:15 Invoice Terms and Conditions 1.General."Seller"means Stryker Corporation,a Michigan corporation,and/or any refurbished or repaired without the prior consent of Seller,(ii)that have been subjected division or subsidiary identified on the front of this invoice."Buyer"means the to unusual stress or have not been properly maintained or(iii)on which any original person,firm or corporation executing an order for goods supplied by Seller(hereinafter serial numbers or other identification marks have been removed or destroyed.In any "Products").Seller shall be bound by all terms and conditions of this invoice upon the event,Seller's liability shall be limited to the replacement value of any damaged or occurrence of any of the following:(a)an order or acceptance is received from Buyer defective part.THE EXPRESS WARRANTY SET FORTH IN THIS SECTION 6 IS in response to Seller's quotation,or(b)written acceptance of Buyer's order is delivered THE ONLY WARRANTY APPLICABLE TO THE PRODUCTS SOLD SUBJECT to Buyer by Seller,or(c)Seller shall not have tendered refusal of such order to Buyer TO THESE TERMS AND CONDITIONS AND IS EXPRESSLY IN LIEU OF ANY within thirty(30)days after receipt by Seller of such order. These Terms and OTHER WARRANTY BY SELLER,EXPRESSED OR IMPLIED,INCLUDING Conditions are in lieu of and replace any and all terms and conditions set forth in any ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A documents issued by Buyer.Any additional,different,or conflicting terms and PARTICULAR PURPOSE. conditions on any such document issued by Buyer at any time are hereby rejected by Seller and shall not be binding in any way on Seller. b)Stryker will hold Buyer harmless from and will indemnify Buyer for any and all liability incurred resulting directly from a defect in workmanship or design of the 2.Price. product.This indemnification applies only if the instructions outlined in the labeling, 2. Unless otherwise indicated,prices do not include,and Buyer is responsible for and manual,and/or instructions for use are followed. This indemnification will not apply agrees to pay(unless Buyer shall provide Seller at the time an order is submitted with to any liability arising from:(a)an injury due to the negligence s any person other an an exemption certificate or other documents acceptable to taxing or custom than an employee o agent of Stryker;(b)the failure of any person other than or authorities),all sales,use,value added,excise and all other federal,state or local or employee or agent of Stryker c follow any instructions for use of the product;or ifi foreign taxes,import or customs fees and duties associated with an order,however the use of any product not purchased from Stryker pl product that has been modified, designated,except for Seller's franchise taxes and taxes on Seller's net income. altered or repaired rm any person other than an employee n agent of Stryker. Buyer applicable,a separate charge for taxes will be shown on Seller's invoice.If will hold Stryker harmless from and indemnify Stryker for any claims nt losses or i njuries arising from(a),(b),or(c)arising from the acts of the negligent acts or (b)The price shown on this invoice is net of discounts provided at the time of omissions of Buyer or its officers,employees or agents. purchase. Some of the Products listed on this invoice may be subject to rebates or discounts,for which separate documentation is provided by Seller. Buyer must(i) c)In no event will Stryker's liability arising in connection with or under this invoice claim the value of all rebates or discounts in the buyer fiscal year earned or the (whether under the theories of breach of contract,tort,misrepresentation,fraud, immediately following fiscal year,(ii)properly report and appropriately reflect warranty,negligence,strict liability or any other theory of law)exceed the purchase discounts and rebates in Medicare/Medicaid cost reports and all claims for payment price,current market value or residual value of the Products whichever is less.BUYER filed with third-party payors as required by law or contract,and(iii)provide agents of WILL IN NO EVENT BE ENTITLED TO,AND STRYKER WILL NOT BE LIABLE the United States or a state agency with access to all information from Seller FOR,DIRECT,INDIRECT,SPECIAL,INCIDENTAL,CONSEQUENTIAL OR concerning discounts and rebates upon request. PUNITIVE DAMAGES OF ANY NATURE,INCLUDING,BUT NOT LIMITED TO,LOSS OF PROFIT OR REVENUE. (c)Stryker agrees to provide technical training,including both initial training for new users and supplemental training for existing users,as needed to promote the safe and 7.Force Majeure.Neither Party to this Agreement will be liable for any delay or failure effective use of the Products sold under this Agreement. Such technical training shall of performance that is the result of any happening or event that could not reasonably be provided for any health care practitioner who uses or intends to use the Product and have been avoided or that is otherwise beyond its control,provided that the Parry is employed by,or is on the active medical staff of,the Buyer. If Stryker provides the hindered or delayed immediately notifies the other Party describing the circumstances technical training to a health care professional,it may pay for or to reimburse the causing delay. Such happenings or events will include,but not be limited to,terrorism, reasonable expenses,including meals,lodging and transportation,actually incurred by acts of war,riots,civil disorder,rebellions,fire,flood,earthquake,explosion,action of eligible recipients in connection with the technical training provided under this the elements,acts of God,inability to obtain or shortage of material,equipment or paragraph. transportation,governmental orders,restrictions,priorities or rationing,accidents and strikes,lockouts or other labor trouble or shortage. 3.Payment Terms. Unless otherwise indicated,this invoice shall be paid in full by Buyer net thirty(30)days. Any amount not paid on time may be subject to a late fee of 8.Default and Cancellation.In the event of Buyer's default in payment for the 1%per month prorated(18%per annum),or the maximum interest rate allowable by Products purchased hereunder upon the terms and conditions agreed upon with Seller, law whichever is the highest.Additionally,Buyer may be subject to a fee of Fifty Buyer shall be responsible for all reasonable costs and expenses(including reasonable Dollars($50.00)USD for any checks returned unpaid to Seller for any reason.Seller, attorney's fees)incurred by Seller in collection of any sums owing by Buyer,and in its sole discretion,reserves the right to change terms of payment and/or discontinue Seller shall not be obligated to make any further deliveries to Buyer.Should Buyer further shipments,without prejudice to any other lawful remedy,until past due elect to cancel its order,in whole or in part,Buyer shall be liable to Seller for payments are made and satisfactory assurances of Buyer's credit standing is received reasonable cancellation charges that shall include but not be limited to all costs and by Seller. expenses incurred by Seller in connection with procuring and filling Buyer's purchase order. 4.Delivery and Title.Unless otherwise provided on the face of this invoice,delivery g.Returns.Products returned by Buyer for credit,replacement and/or repair shall be in terms are FOB Seller's plant.Delivery shall be deemed to have been made when accordance with the return policy of Seller,a copy of which may be obtained upon Buyer's shipment has been delivered to a carrier,specified by Buyer on purchase order written request to Seller. or equivalent. In the event that Buyer does not specify the carrier,the carrier may be at ---Seller's-option. Title-of-the-Products sold hereunder shall pass to Buyer-upon delivery -10.Compliance With Law;Not-For Resale or Export.Buyer-agrees to-comply-with all.— by Seller.However,Buyer hereby agrees that Seller shall retain a purchase money applicable laws and regulations of the various states and of the United States in the use security interest in the Products,and to any proceeds from the disposition of such of the Products.Buyer agrees and represents that it is buying for its own internal use Products,until the purchase price and other charges due Seller shall have been paid in only,and not for resale or export. full.Upon any default by Buyer hereunder,Seller shall have any and all rights and 11.General. Except as provided below,neither Party may assign this Agreement remedies of secured party under the Uniformed Commercial Code which right shall be cumulative. without the prior written consent of the other Party,except that Stryker will have the right to assign this Agreement or any rights under or interests in this Agreement to any parent,subsidiary or affiliate of Stryker. All of the terms and provisions of this 5.Inspection and Acceptance.Upon receipt of the Products,Buyer agrees to inspect Agreement will be binding upon,will inure to the benefit of,and be enforceable by and/or test the Products.The Products shall be deemed accepted by Buyer unless Buyer successors and assigns of the Parties to this Agreement. This Agreement will not provides Seller a timely written notice specifically noting any defects or discrepancies confer any right or remedy upon any person other than the Parties hereto and their in the quality or quantity of the Products received.All notices regarding respective successors and permitted assigns.This Agreement and document referred nonconforming Products,shortages,rejection or revocation of acceptance must be herein constitutes the entire agreement between the Parties with respect to this subject made in writing and received by Seller no later than thirty(30)days from the date of matter,and any modification or amendments to this Agreement must be in writing and Seller's invoice,which Buyer agrees is a reasonable time frame within which to signed by both Parties. If any provision of this Agreement is deemed illegal,invalid or diligently inspect and provide notice to Seller.Buyer waives any right to reject the unenforceable the Parties will endeavor to replace it by another provision that will as shipment or revoke acceptance thereafter. closely as possible reflect their original intention. No right or remedy conferred in this Agreement is intended to be exclusive of any other right or remedy,and each and every 6.Warranties,Indemnity and Limitations of Liability. right and remedy will be cumulative and in addition to any other right or remedy given (a) Unless otherwise provided in Seller's Price Catalog,the Products are warranted now or existing in law or in equity or by statute. The validity,legality and free from manufacturing and material defects for a period of one year after delivery of enforceability of the remaining provisions will not in any way be affected or impaired same.Any Products that become defective during this period shall be repaired or thereby.This Agreement will be governed by and construed in accordance with the replaced either at Seller's plant or Buyer's location,such determination being at laws of the State of Michigan as applicable to contracts made and to be performed in Seller's sole discretion.All warranties hereunder are made subject to the proper use by that state,without regard to conflicts of laws principles Buyer in the application for which such products were intended.The warranty provided hereunder does not cover any Products(i)that have been misused,modified, Version(6-21-10) rescribed by State Board of Accounts City Form No.201(Rev.1995) ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL ,n invoice or bill to be properly itemized must show: kind of service,where performed,dates service rendered, by Thom, 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)) 1855836M Cot Parts $195.47 I hereby certify that the attached invoice(s),or bill(s), is(are)true and correct and I have audited same in accordance with IC 5-11-10-1.6 , 20 Clerk-Treasurer VOUCHER NO. WARRANT NO. ALLOWED 20 Stryker Medical IN SUM OF$ P.O. Box 93308 Chicago, IL 60673 $195.47 ON ACCOUNT OF APPROPRIATION FOR Carmel Fire Department PO#/Dept. INVOICE NO. ACCT#/TITLE AMOUNT Board Members 1120 1855836M 42-370.00 $195.47 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 k L L r �Y. . v Fire Chief Title Cost distribution ledger classification if claim paid motor vehicle highway fund