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HomeMy WebLinkAbout258420 05/10/16 CITY OF CARMEL, INDIANA VENDOR: 358710 " ONE CIVIC SQUARE H D SUPPLY WATERWORKS LTD CHECK AMOUNT: $*******294.00* CARMEL, INDIANA 46032 P 0 BOX 28330 CHECK NUMBER: 258420 ;•..._o:? ST LOUIS MO 63146 CHECK DATE: 05/10/16 t rON� DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 601 5023990 F438050 294.00 OTHER EXPENSES VOUCHER # 161342 WARRANT # ALLOWED 350591 IN SUM OF $ HD SUPPLY WATERWORKS PO BOX 28330 St LOUIS, MO 63146 Carmel Water Utility ON ACCOUNT OF APPROPRIATION FOR Board members PO# INV# ACCT# AMOUNT Audit Trail Code F438050 01-6200-06 $294.00 Voucher Total $294.00 Cost distribution ledger classification if claim paid under 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 service, where performed, dates of service rendered, by whom, rates per day, number of units, price per unit, etc. Payee 350591 HD SUPPLY WATERWORKS Purchase Order No. PO BOX 28330 Terms St LOUIS, MO 63146 Due Date 5/2/2016 Invoice Invoice Description Date Number (or note attached invoice(s) or bill(s)) Amount 5/2/2016 F438050 $294.00 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 umn Yv IWI Ln vppan canny w—1—YvUI •ac appIowa«YUUN 1J1U111pL payuron►. Date Ordered Date Shipped Customer PO# Job Name Job# Bill of Lading Shipped Via _ 4/26/16 4/26/16 SMITTY STOCK OUR TRUCK - Quantity Product Code Description Ordered-Shipped;, B/O Price UM Extended Price k. 21108AF 8 MJXFLG ADPT(1)CP DI C153 . 2 2 83.69000 EA 167.38 21AMF8082008PV 8 EBAA MEGALUG C900&IPS 2008PV 2 2 41.41000 EA 82.82 RED 21AMMJR08LG 8 MJ REGULAR ACC SET L/GLAND 2 2 10.90000 EA 21.80 24AFBNGF08RA 8X1/8 FLG ACC RR FF 2 2 11.00000 EA 22.00 Invoices by Email • • • i{•aSUPPLY ' -Save time. \ G WATERWORKS - -Save trees. , , Local Knowledge -Go paperless. _ cal Experience $ Local Service,Nationwide Freight . Delivery >:Handling Restock 'Misc. I �Subtotal: 294.00, Other: 0.00 Terms: NET 30 Ordered By:LARRY SHIREMAN Tax: 0.00 �,'Lnvoice Total: This transaction is governed by and subject to HD Supply Waterworks'standard terms and conditions,which are incorporated by reference and accepted. To review these terms and conditions,please visit:www.waterworks.hdsupply.com/TandC. 0001:0001 Page 1 of 1 INDIANAPOLIS W I N FILLED BY: L Branch: - 430 HODS`lPPLY. D 1680 Expo Lane WATER ®RKIS CHECKED BY: Indianapolis IN 46214 . B PHONE # 317 271 1463 Local Service, Nationwide'" REVIEWED BY: Y' RECEIVED BY: SIGNATURE _ PRINT NAME ' HERE: 04/26/2016 10.36 AM PAGE , 1 PICK TICKLT F438050 JOHN' GRIMES - 430 OS 1252. ENTERED BY: ' S S CUSTOMER PICKUP SPECIAL INSTRUCTIONS/COMMENTS 0 CARMEL WATER DISTRIBUTION '& H CARMEL WATER DISTRIBUTION & L SEWER COLLECTION I Branch _ 430. D : 3450 W, 131ST ST P 1680 Expo. L ane CARMEL IN Indian.apoIis I 4 t+3 T 6+;74 T 4621,4 o Cut Ph# 317 733 2855 O 3ANCH DATEORDERED DATE SHIPPED PURCHASE ORDER NO. JOB NAME JOB NUMBER LIVERY METHOD BILL OF LADING NO. SHIPPED VIA SALESMF NO:: OUR CUSTOMER DIRECT SHIPPED TRUCK PICK UP 30.`. 4/26/16 SMITTY STOCK x 152 BIN LOCATION PRODUCT CODE DESCRIPTION . .-. BACK ORDERED1 UNIT PRICE PER AMOUNT 21I08AF 8 MJXFLG ADPT . (I ) CP 01 C153' 2 - i EA - — -W€I-GHT. 49.0000 i b-- --- --------- -- - - = '-- - - --- --__ Ell::R€3W--f)34-__--_._.2rAf'iF�82t30EPV;--- _-_"-`:8-€8AA-P11�GAL-I�G�C9t7f7���'S^cf702PtE_-^_ _--__--�--2------- �� - -_- EA- RED 23-003-00----2-tAMMJROBL � 8-t°iI�fiEP�ULAR-AGC-SST L/ tAiuD --?- -2- - �A- WEIGHT': 6.0000 1b / 12 005 ,002 24AF8NGF08RA 8X118 FLG ACC RR FF 2 _. 2 EA -- 14E-i-GHT.6:6�6-tb --_-- �_ - T 3TAL WEIGHT: 61 80 END OF ORDER TAX AMOUNT FREIGHT HANDLING RESTOCKING misc LLANEOUS TOTAL SALE MERCHANDISE SUBTOTAL TAX DELIVERY NOTICE: THEAND CONDITIONS ON THE REVERSE SIDE O T SIDE OF THIS FORM ARE AGREED TO: f iCOPYB TERMS AND CONDITIONS OF SALE("Terms") I. Al,references In this document to"Seller"shall include HD Supply,Inc.and!or any parent.subsidiary or affifiate,of HD Supply,Inc.Sincliidiltr m division of the forec cin ),whether or not performing an or all of the scope f hereunder or scilicali 'Identified � � 3 P'--- ' day J g F Y F' Y '' herein. Ali references to"Buyer"shalt include all pare-Mfs),subsidiaries and affiliates of the entity placing the order. Buyer kind Seller maybe referred to individually as a"Party'and collectively as"Paries' All sales to Buyer are sub act to these Terms,which shall prevail over any inconsistent terms of Buyer's purchase order or other documents. Additional or different terms anis conditions in any%vay altering or iiicdifying these`seems are expressly objected to and shalf not be binding upon Seller unless specificalfy accepted in writing by Seller's authorized representative. These Terms shall supersede and take precedence over any contradictory or different terms contained in any future agreements(other than a new signed . credit application,)that may be executed between the Pardes hereto. No modification or alteration of these Tennis;shall result by Seller's shipriient of'gcgds following receipt of Buyer's purchase order,or other d6CUm911t3 contaiping additional.conflicting or inconsistent terms. There are no terms,conditions,understandings,or agreements ntfier than those stated herein,and all prior proposals and negotiation,are merge herein. These Terrns are binding on the Parties,their successor,and perm.tad assigns. Prices on Seller website,catalogs or in Seller quotts,dre subject to change without notice,and all such prions expire and become invalid if not accapfed within 10 calendar ways frorn the date.of Issue,unless otherivise noted by Seller in writing..Price extensions if rnade are for Buyer's convenience only,and they,as well as any matheinaticai;sterocra hip or clerical errors.are not binding cn Seiler. Prices shown do not:nclude'am sales excise,ter vftier governmental tax or char".e.payable by Seiler to any federal,state or local authority. Any taxes now or halo after,rnliu,ed up:in. ales or shipments will lie added to the purchase.pn4e,'arld Buryer shall ieimbur,e Seiler for iny.,uch tax or provide Seller•Mth ah acreplahie,tax exemntlo:Tcertificafe. All p rtes and other iermsotavidrd to Buyer ;!tall be,relit cr•,'snfici;nt,al,,.sept 16 file eetent d P a!t-y is tcsquired by iavv to disclose flee same•. 4. Seller shall not be liab!e.fol delay or default in dri!ivary'resuiting from any cause beyond Seller's reasonable co.t1131,inclu'Iny,.but not{invited to,goverruncrtal action,strikes or other labor troublea;,",ire,damage or destsuctibn of goods,wars(declared or undeclared),acts of terrorism,rnanufactGrers'shortages,availability or timeliness of transportation,niaterials.:fUels,or supplies,and acts of God(each a'Force.Majeure.Event"). Upon the occurrence of a Force M ileure Event:(a)theaime for Seller's perfonnance,shall be extended reasonably and the.Parlles shall adjust alt affected dates.acccrdingh;(b)the purchase price shall be adjusted f6r anyo lncre sed cots to Seiler resulting from such Force Majeure Event;and(c)Buyer shall not be enti+I tl to,anyother remedy. 5. Seller is a resellerof Dods only,and.as such dles Not proviqe.,anywairanty for the goolds it supplies hereunder. Notwithstanding this As-Ss f miaticn:Sealer she!l pass through to au{er an),transferable manufacturer's standard✓arrartie5 a✓ith respect to goods purchased hereunder, BUYER AND PERSONSCLAIMING THROUGH BUYER SHALL SEEK RECOURSE EXCLUSIVELY FROfvt fv'tANUFACIURERS IN CONNECTION WITH ANY DEFECTS IN OR FAILURES OF GOODS,AND THIS SHALL BE THE EXCLUSIVE RECOURSE OF BUYER AND PERSONS CLAIMING THROUGH BUYER FOR DEFECTIVE GOODS.WHETHER THE CLAIM OF BUYER OR THE PERSON CLAIMING*THROUGH BUYER SHALL SOUND IN CONTRACT,TQRT,STRICT LIABILJT.Y,PURSUANT TO STATUTE,OR FOR NEGLIGENCE. BUYER SHALL.PF^.SS T HESt-IERMS TO SUBSEQUENT BUYERS AND USERS OF GOODS. SELLER EXCLUDES AND DISCLAIIv1S ALL O-rHER-EXPRESS AND IMPLIED WARRANTIES,INCLUDING,BUT NOT LIMITED TO,'ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SELLER ASSIIP✓ES NO RESPOMS!BILiT`(VJHA7$OEVER FOTi'SELLER'S IPdTERPRLTATION OF PLANS OR SPECfFICAiIONS PROVIDED BY BUYER;AND BUYER'S ACCEPTANCE AND USE OF GOODS SUPPLIED HEREUNDER SHALL BE PREMISED ON FINALAPPROVAL BY BUYER OR BY BUYER'S RELiFiNCE ON ARCHITECTS,ENGINEERS,OR OTHER THIRD PARTIES RATHER THAN ON S'ELLER'S INTERF%PE.TATION.TO' THE EXTENT NOT PROHIBITED BYAPPL.ICABLE LAV'J,IN NO EVENT.WHETHER IN CONTRACT V•JARrW,4"Y•,INDE ANIT'4 TORT(!NCWDING.BUT NOT Of0I TED TO,NEGLIGENCE),STRICT LIABILITY OR OTHERWISE,ARISING DIRECTLY OR INDIRECTLY OUT OF THE PERFORMANCE.OR BREACH OF TI-ESE TEWAS,SHALL SELLER!3E LIABLE FOR(a)ANY INCIOPNTAL,INDIRECT,PUNITIVE,SPECIAL,CONSEOUENTIAL OR SUAIL-AR DMAAG'ES SUCH AS LOSS OF USE,LOST PROFST,S,AT T ORNEI'S'FEES OR DELAY DAMAGES EVEN IF SUCFI DAMAGES NJrRE FORESEEABLE OR CAUSED BY SELLER'S BREACH OF THiS AGREEMENT, (b)ANY"CLAIM THAT PROPERLY iS A CLAIM AGAINST I HE 4✓iANUFACTURER,OR(c)ANY/AMOUNT EXCEEDING THE AMOUNT PAID.TO SELLER FOR GOODS FURNISHED TO,.BU ER WHICH ARE THE.SUBJECT OF SUCH CLAINIIS).,ALL CLAIMS DAUST BE''5ROUGHT:WITHIN.ONE YEAR.OF ACCRUAL-OF A C AUS E OF ACl ION. 6. 8u'er shall indemnify,defend,and hold Seiler I's officers,directors,employees and agents harmless from any and all costs(including•attonleys'and accountants'fees and expense's),liabilities and damages rasuiting front or related to any third party(including Buyers employees)Claim.complaint and{or ludgment arising from Buyers use of ane goods furnished hereunder,as'well as any negligent,intentional,or tortious act or onlissibn of Buyer or any,material breach by Buyer,of these Terms. 7. 'When goods are defivaied to BUyer in Seller's"in vehicles,the F.O.B.point shalt be Buyer's designated delivery site.fn all other oases the FO-B.point shall'be Seifer's'sfore or w4eho6se and all responsibility and costs of h;;:ping and delivery beyond file - applicable F 0.B.point shell be.borne by Buyer: Title a nd risk of loss shall pass to Buyer at the applicable F.O.B.point.which for goods not delivered in Seiler's own,vehicles shelf be v.hen Seiler delivers the goods to the common carrier. All claims for shortage of goods or for loss or damage to goods us to%00)Seller has the risk of loss shalt be walved.unless Buyer,within 10 calendar days after receipt of the short or damaged shipment,gives Seiler written_ notice h4lh describing the alleged.shortage or damage. Partial shipments are pernitted at Seller's discretion. 8. Any thing%'in product specifications,quantities,destinations,shipping schedules,or any other aspect of the scope of goods must be agreed to In writing by Seller,and may result in,a price and'delivery adjustment by Seller. No credit for,roods returned by Buyer shall be given c✓ithout Seller's wr ittc-n authorization. All returns are subject to a restocking charge; 9. Unless otherwise agreed in writing,payment terms are net 30 days from delivery,payabie,'in United States of Aanerica("U.S.")dollars. Notwith Stam ing the foregoing,all orders are subject to Seller's continuing approval of Buyers credit.,if Buyer's credit Is riot approved or becomes unsatisfactory to,Seller then Seller,In its sole discretion;may suspend or cannel performance,or require different payment terms,Including but not limited to cash on delivery or in advance of shipment. In addition,Sel!errnay in its discretion require an advance depasit of up to 10094 of Seller's selling price for any specially manufactured goods ordered by Buyer hereunder. Payments dere hereunder shall be made in the form of cash,check,,or money order,or other tender approved in writing by Seller. Seller may.in its sole discretion,apply Buyer's payment against any open charges. Past due accounts bear interest at the lesser of 1.51X,per month or the maximum rate pprirtitted by applicable favi,continuing after Seller obtains judgment against Buyer. Seller may exec se serail or recquprneni to apply to or satisfy Boyar's outstanding de 1t. Beyer r3hill have no right of setoff hereunder,the same being expressly.-valved hereby. Seller expressly reserves its right to file liens if payment is not received for its materials and expressly disclaims any waiver of lien rights language which may be contained in any future agreements between the Parties hereto. Seller reserves all rights to invoice and be paid for materials provided to Buyer and any terms contained in any of Buyer's purchase orders or other document=_that purport to limit in any v✓ay the time or manner within which 8elfe.may invoice are hereby waived by Buyer. 10. Buyer shal!riot export or re-export,directly or indirectly,all or any part of the goods or related technology obtained from Seller under these Terms except in accordance vAt!i applicable export Ia'ws and regulations of the U.S- Further,a Buyer that is a non-U.S.' company or citizen shalt similarly limit any export or re-expott,activity to that which would be deemed compilint with U.S.export laws and regulations if performed by a U.S,company or citizen. 11. Buyer shaff pay Seller all costs and expenses of collection,suit,or other legal actio;brought as a result of the commercial relationship between them,including,but not limited to.all actual attorney;and paralegals'fees,and collection costs,"Incurred pre-suit, . through trial',,on appeal,and in any administrative or bankruptcy proceedings. Any rause of action brat Seller has against Buyer may be assigned without Buyer's consent,to HD Supply,Inc.or to any affiliate,parent or subsidiary of HD Supply,Inc. 1.2. This Agrocaxant,Buyer's account,and the business relationship between Buyer and Seiler shall be governed by and construed in accordance•Kith the laws of Georgia without regard to contiict s of laws rules,and speciflcaliy excludnzg the UN Convention on Contracts for the Internaiioncl Sale of Goods- The Parties agree that any legal action arising under or related to this Agreement shall be brought In Cobb County,Georgia,and any right to.object to such venue or to assert the Inconvenience of such forum is hereby i3. If Buyer fails to cornply with these Terms.Seiler may terminate or restrict any order immediately upon notice to Buyer. Buys,,certifies that it is solvent and that it will advise Seller!(nmediately if it becomes insolvent. Buyer agrees to send Seller written notice of any changes in he form of ownership of Buyer's business within 5 days of such changes, Buyer and Seller arca the only intended beneftclaries of this document,and there are no third pang-beneficiaries. 14. The invalidity or unenforceability of all or pari of these Terms will not affect tine validity or enforceability of the other terms.The parties agree to replace any void or unenforceable feral with a new term that achieves substantially the same practical and economic affect and is valid incl enforceable. , 15. The following provisions shelf survive termination,cancellation'and completed,perforntance•ot this Agreement as long as necez ary to aAov{the aggrlp9ed party to fully enforce such clauses:5,6,9.10,11 and 12- ;i V 0909