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HomeMy WebLinkAbout257204 04/05/16 CITY OF CARMEL, INDIANA VENDOR: 368825 j ONE CIVIC SQUARE IMAGING SOLUTIONS AND SERVICES I1IECK AMOUNT: S'."`"2,162.36; CARMEL, INDIANA 46032 Po BOX 1000 CHECK NUMBER: 257204 `oDEPT 6 CHECK DATE: 04/05/16 MEMPHIS TN 38148-0006 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 1701 4464000 M16-1122 2,162.36 OFFICE EQUIPMENT VOUCHER NO. WARRANT NO. ALLOWED 20 �w�, ;� �o�K�uo v►;� a w�l. 5¢'fir v'tce�j ��kC IN SUM OF $ - y ON ACCOUNT OF'APPROPRIATION FOR., Board Members Po#or INVOICE NO. ACCT#/TITLE AMOUNT DEPT.# I hereby certify that the attached invoice(s), )AW or bill(s) is (are) true and correct and that 1101 Mit-1 ZZ the materials or services itemized thereon for which charge is made were ordered and received except i 20/G ignat re - 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 seNice,`where performed, dates service rendered, by whom, rates per day, number of hours, rate per hour, number of'dnits; price per unit, etc. Payee `` �• w �tw` 'CLe'tn_'5 4Kd S f f'r'o � '~W<• Purchase Order No. Terms McV ,� -�� 3b� t Date:Due Invoice Invoice Description, Amount Date Number (or note attached invoice'(s) or bill(s)) Total I hereby certify that the attached invoice(s), or bill(s), is (are) true and correct and I have audited same in accor- dance with IC 5-11-10-1.6. , 20 Clerk-Treasurer TERMS AND CONDITIONS OF SALES L PRICES AND TAXES-All prices.quoted and.invoiced are exclusive of CAUSED AND ON ANY THEORY OF LIABILITY ARISING OUT OF all freight and federal,state and local takes,fees or charges now in force or THIS AGREEMENT. THIS EXCLUSION INCLUDES ANY LIABILITY enacted in the future. Such charges shall be the sole responsibility. of THAT..MAY ARISE OUT OF:THIRD PARTY CLAIMS AGAINST. . Buyer,unless otherwise agreed in writing. BUYER. IN NO EVENT WILL SELLER BE LIABLE FOR COSTS OF 2. DELIVERY— Deliveries will be.made F.O.B. origin as determined by PROCUREMENT OF SUBSTITUE GOODS. THESE LIMITATIONS Seller.. The time of delivery is:the.time the goods.to be delivered are SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL. picked up by a common carrier,' the*time tine goods are delivered to PURPOSE OF ANY LIMITED REMEDY. :Buyer's location if by courier. or the time the goods are delivered to. .9. SUBSTITUTIONS AND MODIFICATIONS—.Seller will have the right to Buyer's designated FTP site if by electronic media. Title:to the goods make substitutions and modifications in the specifications of products sold shipped hereunder and risk of loss and damage_shall pass from Seller to by Seller provided that such substitutions or modifications will not materially Buyer;upon time of delivery. Seller reserves for itself,and Buyer grants affect overall product performance.. to Seller,a security interest in all products purchased from Seller to secure 10. _EXPORT LAWS AND RESTRICTIONS—Buyer agrees to comply with tile.full payment and performance by.Buyer of alf its liabilities and all export laws and .restrictions:and .regulations of the Department of.: obligations hereunder. Buyer shall keep the products in.good order-and Commerce or other United States or foreign agency or authority and not to " repair.until the purchase price has been paid in full and shall promptly pay export or allow the export or re-export of any materials or items deliverable" all taxes and assessments upon the-products or use:of the products. by Seller in violation of any such restrictions, laws, or regulations,::or.to 3. SHIPDIEiVT—In the absence of specific shipping instructions;Seller will Afghanistan,the People's Republic of Chula or any Group Q,S,W,Y,or Z ship by the method it deems most advantageous. Transportation charges country specified in.the.then current Supplement No. I Section 370 of the:.. will be invoiced to Buyer,:unless otherwise agreed to in writing. Buyer is U.S. Export-Administrations Regulations (or any successor supplement or.: obligated to obtain insurance against damage to the goods being shipped. regulations). Buyer: shall bear complete and:;exclusive responsibility for promptly __ 11. "DEFAULT AND CANCELLATION—In the.event of Buyer's default it] advising the carrier and insurer of any loss or dainage and for:filing claims payment for the products and services purchased hereunder,Buyer shall be against, and recovering any surns owed.by,the carrier or the insurer.. If. responsible:for all reasonable costs:and expenses:incurred by Seller in any .:. special or export packaging is-requested:or,-in Seller's opinion,required: such breach by Buyer. If Seller elects to continue to make shipments,such under the circumstances, the cost of the same, if not set forth on the shipments shall not constitute awaiver of any breach by Buyer or in any way invoice will be separately invoiced: affect Seller's legal remedies:arising from:such breach. Should Buyerelect. 4. TERMS OF PAYMENT— Invoices shall be due Arid payable in U.S. to cancel its order,Buyer shall be-liable to-Seller for reasonable cancellation dollars within the terms specified on the face of the invoice,until Seller in. charges:.which shall include without limitation all, costs and expenses its sole discretion.at any.time revokes credit approval, or deems.itself. incurred by Seller in connection with producing:and:filling Buyers order, insecure, at which-time all amounts shall become immediately_due and which shall not exceed the actual sales price of the products cancelled. If payable._Accounts-un paid when"due;shall accrue late charges:of one and Buyer becomes bankrupt or insolvent, or files or has:filed against.any. one-half percent(1::5%)per month or the maxiinurn rate allowed by law. petition in bankruptcy, or makes an arrangement for the benefit of its Seller reserves the right at.any time and for any reason to require payment. . . . creditors,or suffers a receiver or similar party to be.appointed,Seller shall be in advance or C.O.D.,or otherwise to modify,suspend;or terminate:any . entitled.to:cancel this.contract without.judicial intervention or declaration of,. credit terms previously extended to Buyer. If Seller believes in good faith default of Buyer"and without prejudice to.any right or remedy which shall that Buyer's ability to make any payment required hereunder is may be have accrued om r shall thereafter accrue to Seller: - impaired, Seller may cancel this contract (or any remaining balance 12. ENTIRE AGREE114ENT.- The ters and conditions set forth herein thereof),and.Buyer shall remain liable to pay for any products previously. constitute.the entire:.agreement :between Seller, and Buyer; except as ::. shipped. acknowledged and agreed to between the parties.in writing. No addition to, 5.. DATA .AND PROPRIETARY RIGHTSIN 'DATA — Buyer deletion from, or modification of the provisions of this contract shall be acknowledges that(i)the.products_sold by Seller hereunder contain trade binding upon:Seller unless: acknowledged:in writing aa d.accepted by.an secrets belonging to Seller or licensor of Seller; (ii) the products sold : authorized officer of Seller. Any change made by Seller will be deemed hereunder by.S.eller are proprietary to:Seller or licensor of Seller, and accepted by:Buyer unless within 10:days From the:date Seller delivers notice Buyer shall not dissemble,:recompile, or otherwise reverse:engineer the . of such:change Buyer-notifies Seller in writing of Buyers objection to such products or otherwise _attempt to learn the source code, stricture, change. This contract may not be modified, supplemented,' qualified or' algorithms,or ideas underlying the,products. interpreted by any trade usage or prior course of dealing:not made a part:of 6. SALE CONVEYS NO LICENSE -The goods and services are offered othe contract by its express terms. Buyer hereby acknowledges that he has not for sale by Seller subject in every case to:the condition that such sale:does: entered:into,the agreement in reliance upon any:warranty or representation.:. not convey any license,unless agreed to:in writing by Seller,expressly or by any-person or entity-except.for"the warranties:and representations. by implication,estoppel or otherwise,under any patent claim with respect specifically set forth herein. to which Seller can.grant licenses covering complete equipment, or any 13. -ASSIGNMENT-This contract shall bind.and'inure to the benefit of Seller assembly,circuit combination,method or process in which any'such goods :"successors and assigns, incliuding without limitation, any entity into:which are used as components. Seller:expressly:reserves all its,rights under.such. Seller shall merge or consolidate. Buyer:may not assign any of Buyers rights patent claims: or obligations under this contract without Sellers prior written consent. Any 7.. LIMITED WARRANTY— Seller agrees to pass through TO.BUYER attempted assignment,delegation,Or transfer by Buyer without such consent ONLY the warranty,; if any, ;originally provided to Seller_.by the of Seller shall be void. manufacturer. EXCEPT FOR.THE EXPRESS WARRANTIES SET 14. :WAIVER the failure .by Seller to:enforce at any time any of the FORTH ABOVE, SELLER. MAKES .NO: OTHER WARRANTIES,: provisions: of this contract or to exercise any election or option provided :.STATUTORY,: EXPRESS- OR IMPLIED, WITH RESPECT .TO : herein will not in any way be construed as a waiver of such provision.. PRODUCTS OR SERVICES SUPPLIED UNDER THIS AGREEMENT 15. APPLICABLE LAW—This contract will be governed by the laws of the AND DISCLAIMS ALL OTHER WARRANTIES; INCLUDING THE State of Tennessee as applied,to agreements among Tennessee residents WARRANTIES OF MERCHANTABILITY, FITNESS FOR : entered into and to be performed entirely within Tennessee. PARTICULAR PURPOSE AND NONINFRINGEMENT. 16. JURISDICTION AND VENUE'- The parties:.agree that the exclusive:. 8. ::LIMITATION.OF LIABILITY—Seller will not be liable for any loss, - jurisdiction and venue for any action with respect:of this contract shall be the damage or-penalty resulting from failure to perform or delay due to causes state.courts of Tennessee(or if there is federal jurisdiction,the United States beyond the reasonable control of Seller, including but not limited to DistrictCourt ofTennessee). supplier delay, force majeure, :get of God, labor unrest,-flood, fire, 17. ATTORNEYS' FEES — Reasonable attorneys' fees and -costs will be explosion,earthquake,or by excess demand for its products. In any:such: awarded to the prevailing party in the event of litigation involving the event, the delivery date will be extended for a period:equal to tine delay. enforcement or interpretation of this:agreement. SELLER WiLL NOT.BE LIABLE. FOR ANY LOSS, DAMAGE OR 18. CERTIFICATION OF CONFORMANCE _ Imaging Solutions and PENALTY RESULTING FROM SELLERS INABILITY TO PROCURE Services,Inc.-certifies that to the best of its knowledge and belief all articles PRODUCT FROM ITS SUPPLIERS. IN NO EVENT WILL SELLER BE included in each shipment are in accordance with the Purchase Order and/or LIABLE UNDER ANY CONTRACT,TORTS,NEGLIGENCE,STRICT. with all:requirements and specifications:: LIABILITY.OR OTHER:THEORY FOR (A) DAMAGES IN EXCESS . OF THE.PURCHASE. PRICE. OR. OF SUCH .LOSS, HOWEVER . Imaging Solutions and Services,':lnc Invoice EIN: :62-1615066. .. . DATES . INVOICE# Remittance Address: Billinginquiries: P.O: Box 1000, Department 6 (901):767=4636,x1455 3/17/2016 M16-1122 Memphis, TN 38148-0006- - BILL TO: SHIP`TO:. City of Carmel City of Carmel One Civic Square. Clerk Treasurers Office Carmel, IN 46032 Terry Crockett One Civic Square Carmel, IN 46032 P.O.NUMBER TERMS DUE DATE REP' SHIP DATE, SHIP:Vho ' 33793. Net 15. 4/.1/2016 MC16:. 1 3/1.7/2016 QUANTITY REFERENCE ., DESCRIPTION- " ` PRICE EACH° ; `AMOUNT 2 . : Fujitsu , , ColorScanner fi-7160,60 ppm/120ipm 875.00 1,750.00 SN:A36DC99977 SN:A36DC99686 2 ..: . . Advance Exchange Service:for fi-7160,:3 Year Advance 189.00 378.00.:: :. Exchange: 825x24, Parts;Labor, Shipping When combined with the hardware mfr warranty,the total AE support period is 4 years. 1 Parcel Delivery Charges_ 34.36 34.36 UPS Tracking 1Z5F01W20357063672 Imaging Solutions and Services, Inc.'s"Terms and Conditions of Sales" apply and are a part of this invoice. Total 121162.36: _$2,_16 . 6.:. . _. .. .