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Home My WebLink About301507 08/04/16 y u!_F.�gy �( 4f. CITY OF CARMEL, INDIQ�NA VENDOR: 365844 ® ;1 ONE CIVIC SQUARE I FUN EXPRESS CHECK AMOUNT: $*******128.89* s. ?� CARMEL, INDIANA 4603 PO BOX 14463 CHECK NUMBER: 301507 19�'.�ruii�°� .. DES MOINES IA 50306-3463 CHECK DATE: 08/04/16 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 1082 42390391 67863853701 65.37 GENERAL PROGRAM SUPPL 1082 4239039 67866022901 35.11 GENERAL PROGRAM SUPPL 1082 4239039 7849463201 28.41 GENERAL PROGRAM SUPPL Voucher No. Warrant No. 365844 Fun Express, LLC Allowed 20 P.O. Box 14463 Des Moines, IA 50306-3463 In Sum of$ $ 128.89 ON ACCOUNT OF APPROPRIATION FOR 108 ESE PO#or INVOICE NO. CCT#RITC AMOUNT Board Members Dept# 1082-12 7849463201 4239039 $ 28.41 1 hereby certify that the attached invoice(s), or 1082-4 67863853701 4239039 $ 65.37 bill(s) is(are)true and correct and that the 1082-4 67866022901 4239039 $ 35.11 materials or services itemized thereon for which charge is made were ordered and received except July 27, 2016 Signature $ 128.89 Accounts Payable Coordinator Cost distribution ledger classification if Title claim paid motor vehicle ighway fund 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 7/1/16 7849463201 Summer Experience Supplies xx4013 $ 28.41 7/14/16 67863853701 Textile Supplies for Art Camp xx4063 $ 65.37 7/15/16 67866022901 Supplies for Art Camp Final Weeks xx4071 $ 35.11 Total $ 128.89 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 20_ Clerk-Treasurer 180 Inv_oicec# ° 6713494632=01` Date: 07/01/2016' Page#: 1 C? SOLD SHIP TO: c� $ G5U7UK00300031 -316182 CARMEL CLAY PARKS&RECREATION CARMEL CLAY PARKS REC DAWN KOEPPER SHANDI WALKER 1411 E 116TH ST 1235 CENTRAL PARK DR E o CARMEL, IN 46032-345 CARMEL, IN 46032 I��IIiiillllilil�il�iilllll� iill�lll�III��IIIiIiI�iIIIIIII�Ii�ll Pubt�aOrder N»mber Date OrderedDate Shipped Back Orders 30 DAYS ,`, xE �. XX-40 3 07/01/ 06 07/0W11,0 NOS SerutceRepresenfive ' Number ofFCarEons Weight Shipped Via � � - f. c an ,.-:.'r & .:.,. n" s,- � �.._' z.� h.,v"r '•1�7 .'rA.. m'i ,e.' 4 _ �� ten>� iumbr r tY �p Res +�n .Ua�t Pt ce Ext A06,66 t { .. ......, _�.=F �_ �. ,:. �� Q. a ot ID-13650286 7UN 7 RAINBOW ASSORTMENT FUN LOOPS KIT .98 6.86 1D-13659362 1DZ 1 CARNIVAL STICK COSTUME PROPS 5.80 5.80 ID-13695045 1DZ 1 SURF S UP PHOTO STICK PROPS 5.80 5.80 AO-99/ENVL IPC 1 ATTACH PACKING LIST ENVELOPE JUL 11 2096 BY: Call to speak to a customer service representative: 1-800-228-0122 Me'rcttandise Shrppt is Hen Ing Sal aX T al;I oun Ce, tate Ot e. agmen EBala Y 9:9.} ,sx 00(i` a, 28 41 . 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 its 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 are subject to acceptance or rejection by*.cr 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 upo❑Buyer's assent to the terms and cond`Mons 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 electronic 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 an order,Buyer consents to the backorder or delay in shipping of merchandise of up to 180 days. If an 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 1 A percent per month or the maximum rate permitted by law, whichever is less;and Buyer shall pay all Seller's costs of collectiou of past due amounts,including but not limited to attorney fees and court costs. If credit temis 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 attomey-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$40.00 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 Buyers credit card or other charge account(whether Seller or a third party 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 ships the merchandise ordered by Buyer. 3. Warranty 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 paragraph constitutes Seller's sole obligation as to the merchandise,and the Buyer acknowledges that this paragraph sets forth Buyer's exclusive remedy for any breach of warranty 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 freight. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT,SELLER MAKES NO OTHER WARRANTIES,EXPRESS OR IMPLIED,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 WARRANT 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 TF 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-Gee,(b)any merchandise has any particularapprovals, certifications,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. Nomvaiver of Defaults. Each shipment made under any order shall be treated as a separate transaction,but in the event of any default by Buyer,Seller may decline to make further shipments without in any way affecting Seller's rights under such order. If,despite a default by Buyer,Seller elects to continue to make shipments,or accept further orders Gom Buyer,such action(s)shall not constitute a waiver of any default by Buyer,or in any way affect Seller's legal or equitable remedies for any such default,or of any default at any prior or subsequent time. Any refund,credit,gift certificate or discount due Buyer may be offset against amounts owed to Seller. 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 of competent jurisdiction in Douglas County,Nebraska and Buyer hereby consents to the exclusive iurisdiction 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 proceediags is specifically waived by Buyer. 7. Personalized Product. If the order includes personalization 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 Marks on the products and to cause the products to be produced with the Marks. Buyer fiuther grants permission and conseuts 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 penonnlivatioo 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 evarrants that it owns the Marks and is authorized to license the Marks 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 Laws 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. If Buyer fails to provide such notice or fails to provide appropriate Proposition 65 warnings and distributes any product into the state of California,Buyer agrees to indemnify,defend and hold harmless Seller from and against any and all costs, damages,liability and expeases(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 laws,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 harmless Seller from and against any and all costs,damages,liability,fines,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 COM vIUNICATIONS 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,rules, regulations,and treaties of the United States and thejurisdiction of the destination of the merchandise in connection with the transportation,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 importation of the 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. Miscellaneous. No amendment modification or addition to these terms and conditions shall be binding unless expressly agreed to in writing and sigoed by Seller. These terms and conditions shall be binding upon Buyer,its permitted successors and assigns,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 terms and coiidifoas 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 aoy state or federal court in Douglas County,Nebraska shall have personal and subject matter jurisdiction 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 will be instituted in Douglas County,Nebraska pursuant to section 6 above. Buyer expressly consents and agrees to receive communications regarding any order or transaction from Seller by electronic mail and facsimile. Dam 51V�r5 Iso RECEIVED JUL 2 2 2016 4 RcyT 0 Page#: 1 1 o 0 's SOLD SHIP TO: $ G5VKYY00500030 -330178 CARMEL CLAY PARKS&RECREATION c� CARMEL CLAY PARKS&REC < DAWN KOEPPER MONICA HADDOCK " 1411 E.116TH STREET 1235 CENTRAL PARK DRIVE EAST 0 CARMEL, IN 46032-3455 CARMEL, IN 46032 o Il�lnnllllrlllu�!I!11111 II111„IIIi1.11�1,1111111111�1�1�1 Purchases Order,Number Date Ordered Date Shipped _ BaclOrders Terms , 6 r 071131201;6,. 07/1412Q16 = �. NQ o: , NET 30 DAj(S .: Service epresenfatnie Number o Cartons Weigrit T Shipped Via 16-LBS « _ - ` 1D-13678539 1DZ 1 OPEN HEART SLIDE CHARMS 3.98 3.98 ID-13678639 1 DZ 1 RHINESTONE SLIDE CHARM FOR THIN BRACEL 5.20 5.20 ID-13704139 I 2UN 2 IRRIDESCENT ACRYLIC BRACELET 5.59 11.18 1 D-15/34 1DZ 1 TIE DYE BANDANNA ASSORTMENT 7.99 7.99 1D-15/17 113Z 1 NEON BANDANNAS 7.99 7.99 1D-13678509 2DZ 2 RHINESTONE BORDER SLIDE CHARM 4.48 8.96 ID-13678540 1DZ 1 INFINITY SLIDE CHARMS 5.02 5.02 1D-13678532 1DZ 1 LIVE LAUGH LOVE SLIDE CHARMS 5.10 5.10 AO-99/ENVL IPC 1 ATTACH PACKING LIST ENVELOPE Call to speak to a customer service representative: 1-800-228-0122 Merchandts�eG Sh�ppmg&Handling y Sa1es�Tax (Total jAmount Cert ficaife Other aynnents' Ba ance= ,.,, sz n-I ..7�. ,...%.�:` �K�O�F�'^ A,�• a.i 37 `�..... �ti. � � �� 4 V V PLEASE DETACH AND RETURN WITH REMITTANCE V V TERMS AND CONDITIONS OF ORDER 1. Accepmnce and Delivery. Seller shall not be responsible for any delay in its performance beyond its control or beyond the control of its 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 are 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 terms and conditions set forth herein and Seller expressly limits its acceptance of Buyer's order to such teras and conditions and any additional or different temts proposed by Buyer,whether oral,written or electronic 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 an order,Buyer consents to the backorder or delay in shipping of merchandise of up to 180 days. If an 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 temts extended by Seller,if any. Any such credit terms may&revoked by Seller at any time. Payment shall he due and payable on the date so specified. Past due balances remaining unpaid will be subject to a delinquency charge at the rate of IV-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. I 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 attorney-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 Buyers credit card or other charge account(whether Seller or a third party 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 ships the merchandise ordered by Buyer. 3. Warranty and Risk of Loss. Seller shall,at its election,either repair,replace,or refund the purchase price,exclusive of shipping aad 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 paragraph constitutes Seller's sole obligation as to the merchandise,and the Buyer acknowledges that this paragraph sets forth Buyer's exclusive remedy for any breach of warranty 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 freight. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT,SELLER MAKES NO OTHER WARRANTIES,EXPRESS OR HAPLIED,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 MERCHANTABILIIY 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 POSS®ILITY 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-free,(b)any merchandise has any particular approvals, certifications,characteristics,uses,ingredients,or benefits,or(c)any merchandise is of or meets any particular standard,certificarion,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. Nomwaiver of Defaults. Each shipment made under any order shall be treated as a separate unnsaction,but in the event of any default by Buyer,Seller may decline to make further shipments without in any way 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 Buyer,or in any way affect Seller's legal or equitable remedies for any such default,or of any default at any prior or subsequent time. Any refund,credit,gift certificate or discount due Buyer may be offset against amounts owed to Seller. 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 Tents 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 personalization 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 Marks on the products and to cause the products to be produced with the Marks. Buyer further grans 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 Marks 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 Laws 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)teaming labels. If Buyer fails to provide such notice or fails to provide appropriate Proposition 65 wamings and distributes any product into the state of California,Buyer agrees to indemnify,defend and hold hamiless 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 laws,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 harmless Seller from and against any and all costs,damages,liability,fines,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 WANES 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,rules, regulation,and treaties of the United States and thejurisdiction of the destination of the merchandise in connection with the transportation,exportation,importation.delivery,distribution and resale of the merchandise. Buyer is also solely responsible for and shall obtain all certifications,declarations,accreditation,registration,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 imponation of the merchandise.Seller makes no representation or warranties with respect to the foregoing or that the merchandise is suitable for or will comply with applicable laws of any jurisdiction. 11. Miscellaneous. No amendment,modification or addition to these tems and conditions shall be binding unless expressly agreed to in writing and signed by Seller. These terms and coaditions shall be binding upon Buyer,its permitted successors and assigns,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 terms and conditions shall be construed under and governed by the substantive laws and not the choice of law roles of the state of Nebraska. Buyer covens to and agrees that any state or federal court in Douglas County,Nebraska shall have personal and subject matter jurisdiction 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 will be instituted in Douglas County,Nebraska pursuant to section 6 above. Buyer expressly covens and agrees to receive communication regarding any order or transaction from Seller by electronic mail and facsimile. Rev.5-06-15 1 180 Onvoice-#• �-67$66022901 j+ '" �---,:�.,u ate, •_;�.:� ..:.��.._..:..'�m: �..��1 Page#: 1 m 0 's SOLD SHIP TO: o G5VUES00200038 -331343 RECEIVED CARMEL CLAY PARKS&RECREATION c, CARMEL CLAY PARKS&REC < N KOEPPER TIFFANY BUCKINGHAM 1141V1 E. 116TH STREET JUL 2 5 2016 1235 CENTRAL PARK DRIVE;EAST CARMEL,IN 46032-3455 CARMEL, IN 46032 I��I111111�'IIII�I"'II�I'JI' ��IIII�I��I�'�'I��II�I�I�IJI BY: _ a PurchaseOrder.Number, Date;Ordered DateShippedr Back'Orders Terms },r 07/14/201 07i15a016„ •'. NO INETT-30 DAYS Service re n _ Number of}cartons= Weigfit Shipped Via — � ' . 1. SLgS t� ;z Item Number OrderGQfy Ship Qty &Descnpt an Untt '11AIN x# moon . w 1D-57/2120 1UN 1 FABULOUS FOAM ADHESIVE ANIMAL SHAPES 7.19 7.19 1D-3/173 3DZ 3 WHITE PAPER BAGS 2.00 6.00 1D-57/189 3UN 3 GREEN PONY BEADS(1/2 LB) 3.99 11.97 AO-99/ENVL 1PC 1 ATTACH PACKING LIST ENVELOPE i Call to speak to a customer service representative: 1-800-228-0122 Merchandise Shipp�ngl&€Hartdhng< SalesTax fotal�/lmount Cert�flcate Other I?aymente � Balanc =25 16 ' . � ,-9.95 00� ��5 74 ��.�.�� . z�.� .��,,,f• �.��,� � o` 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 its 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 are subject to acceptance or rejection lv Seller Obinaha,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 terms and 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 electronic 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 an order,Buyer consents to the backorder or delay in shipping of merchandise of up to 180 days. If an item is backordered,Buyer may cancel such order at any time by providing notice of cancelation to Seller. 2. Payment Tenns. 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 maybe 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 1%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 attomey-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$40.00 per check on all returned or insufficient funds checks.Seller agrees and acknowledges that. Buyer tenders payment for each order and Seiler is authorized to charge Buyer's credit card or other charge account(whether Seller or a third party 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 ships the merchandise ordered by Buyer. 3. Warranty 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 worlunansllip 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 paragraph constitutes Seller's sole obligation as to the merchandise,and the Buyer acknowledges that this paragraph sets forth Buyer's exclusive remedy for any breach of warranty 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(251/o)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 freight. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT,SELLER MAKES NO OTHER WARRANTIES,EXPRESS OR IMPLIED,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-free,(b)any merchandise has any particular approvals, certifications,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 a separate transaction,but in the event of any default by Buyer,Seller may decline to make further shipments without in any way affecting Seller's rights under such order. If,despite a default by Buyer,Seller elects to continue to make shipments,or accept ftuther orders from Buyer,such action(s)shall not constitute a waiver of any default by Buyer,or in any way affect Seller's legal or equitable remedies for any such default,or of any default at any prior or subsequent time. Any refund,credit,gift certificate or discount due Buyer may be offset against amounts owed to Seller. 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 of competent 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 personalization 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 Marks 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 Marks 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 Laws 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 ofproduct into the state of California may require appropriate Proposition 65(Title 22 of the California Code of Regulations)warning labels.If Buyer fails to provide such notice or fails to provide appropriate Proposition 65 warnings and distributes any product into the state of Califoria,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 laws,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 hamiless Seller from and against any and all costs,damages,liability,fines,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,rules, regulations,and treaties of the United States and the jurisdiction of the destination of the merchandise in connection with the transportation,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 importation of the merchandise.Seller makes no representation or warranties with respect to the foregoing or that the merchandise is suitable for or will comply with applicable]aws of any jurisdiction. 11. Miscellaneous. No amendment,modification or addition to these terms and condition shall be binding unless expressly agreed to in writing and signed by Seller. These tern 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 terms 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 have personal and subject matter jurisdiction 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 will be instituted in Douglas County,Nebraska pursuant to section 6 above. Buyer expressly consents and agrees to receive communications regarding any order or transaction from Seller by electronic mail and facsimile. D— c n4 1,: