HomeMy WebLinkAbout302066 08/22/16 CITY OF CARMEL, INDIANA VENDOR: 033825
ONE CIVIC SQUARE CDW GOVERNMENT INC CHECK AMOUNT: $*****4,468.95*
=Q CARMEL, INDIANA 46032 75 REMITTANCE DR CHECK NUMBER: 302066
SUITE 1515 CHECK DATE: 08/22/16
CHICAGO IL 60675-1515
DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION
1115 4350000 34073 DTW1397 1,173.00 HARD DRIVE INTERNAL
102 4463202 24859 DVJ3490 3,295.95 MOBILITY LICENSE
FU
CHER NO. WARRANT NO. Prescribed by State Board of Accounts City Form No.201(Rev.1995)
CDW GOVERNMENT INC ALLOWED 20 ACCOUNTS PAYABLE VOUCHER
75 REMITTANCE DR IN SUM OF$ CITY OF CARMEL
SUITE 1515 An invoice or bill to be properly itemized must show:kind of service,where performed,dates service
CHICAGO, IL 60675-1515 rendered,by whom,rates per day,number of hours,rate per hour,number of units,price per unit,etc.
$3,295.95 Payee
Purchase Order#
ON ACCOUNT OF APPROPRIATION FOR
Carmel Fire Terms
Date Due
PO# ACCT# DATE INVOICE# DESCRIPTION
DEPT# INVOICE# Fund# AMOUNT Board Members DEPT# FUND# (or note attached invoice(s)or bill(s)) AMOUNT
24859 DVJ3490 44-632.02 $3,295.95 1 hereby certify that the attached invoice(s),or 8/10/16 DVJ3490 $3,295.95
1120 102 1120 102
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
Friday,August 12,2016
D4MDr '2S_
David Haboush
Fire Chief
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-
Cost
20Cost distribution ledger classification if claim paid motor vehicle highway fund. Clerk-Treasurer
INVOICE=DATEINVOICE NUMBER PAYMENT TERMS DUE-DATE
—------47/29/16--- --DVJ3490" ---` — - Net 30 Days 08/28/16
ORDER DATE SHIP VIA PURCHASE ORDER NUMBER CUSTOMER NUMBER
07/28/16 ELECTRONIC DISTRIBUTION 24859 1674420
ITEM NUMBER DESCRIPTION, QTY -Qty, QTY UNIT PRICE TOTAL
;z_
.-ORD SHIP __- BIO." -
3340060 NETMOTION MOB F/WIN POLICY ANALYTICS 15 15 0 189.74 2,846.10
Manufacturer Part Number:1 ONMWPA250
Electronic distribution-NO MEDIA
4066043 NETMOTION MOB PRM WIN+P.LCY ANLYT MNT 15 15 0 29.99 449.85
Manufacturer Part Number:10NMWPA250-02NLXP25
Electronic distribution-NO MEDIA
GO GREEN!
CDW is happy to announce that paperless billing is now available! If you would like to start receiving your invoices as an
emailed PDF, please email CDW at paperiessbilling@cdw.com. Please include your Customer number or an Invoice
number in your email for faster processing.
REDUCE PROCESSING COSTS AND ELIMINATE THE HASSLE OF PAPER CHECKS!
Begin transmitting your payments electronically via ACH using CDW's bank and remittance information located at the top
of the attached payment coupon. Email credit@cdw.com with any questions.
ACCOUNT MANAGER ,,
SHIPRING ADDRESS- ", ,,, SUBTOTAL: $3,295.95
MICHELLE REEVES CITY OF CARMEL
312-547-2393 FIRE DEPARTMENT SHIPPING. $0.00
micreev@cdwg.com 2 CIVIC SQ
CARMEL IN 46032-2584 SAL"ES TAX $0.00
N SALES ORDER•�NUMBER r
HGNC504 AMOUNT DUE _ $3,295.95
Cage Code Number 1KH72 HAVE QUESTIONS ABOUT YOUR ACCOUNT?
DUNS Number 02-615-7235 PLEASE EMAIL US AT credit@cdw.com
ISO 9001 and ISO 14001 Certified VISIT US ON THE INTERNET AT www.cdwg.com
0001:0001 CDW GOVERNMENT FEIN 36-4230110 Page 1 of 1
rehingprovided by Sella or itsAffiliates.SELLER AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES EITHER EXPRESS OR IMPLIED,RELATED TO
PRODUCTS,INCLUDING,BUT NOT LIMEFEU,TO.ANY WARRANTY OF TITLE.ACCURACY,MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,WARRANTY OF NONINTFRINGEMENT.OR ANY WARRANTY RELATING TO TIIIRD PARTY SERVICES,
THE DISCLATMER CONTAINED IN THIS PARAGRAPH rXOF_S NOT AFFECT THE TERMS OF ANY MANUFACTURERS WARRANTY.Customer a.,p,-Ay Raines any claim that it may have against Seller or its Artists based an any pmduct liability or iallingeineal or alleged
infiringe"w"t.fany latent,copyright,mile—0 a,other intellectual properly right(amit."Claina")with respect to any Product and also wisives.,right to andeaundfiesti..tromp Sella or its Affiflustes against army such Claim made against Cur u_b).thud Pect".Canomer.u."Ic4cadot
a.camilly..fSefl—lit,Affiliat.ismatharand any ofitsAffifial.thal is nm in tldsAg—
Seller warrant that tlaus—icesRill baperf..ed in.good and work.atika mecum',Customers sole aral—his ivemagi,and Sace.,tailia,liability Rith—pct to this witranty mill be,at the sale option ot'Seller,to either(.)—its reasamable comarmeral efforts to teperfon t arcausc to be
rowfamed any Services net m sobtartad coruplism.with Ods amant,or(,)refund—.its Paid by Customer related to the portion of the Services not in subs contial wroplitaim,promidetL I.each—Cusionier notifies Seller I.writing Mild.five(5)business days after Performance of 9.
applicable Services.EXCEPT AS SET FORTH HEREIN OR IN ANY STATE-MENT OF WORK THAT EXPRESSLY ANIENDS SELLER'S WARRANTY,AND SUBJECT TO APPLICABLE LAW,SELLER MAKES NO OTHER,AND EXPRESSLY DISCLAINLS ALL OTHER-
EtllRE.S'ITFATIONS.%%IARRANM.,CONDITIONS OR COVENANTS,EITHER EXPRESS OR IMPLIED(INCLUDING WITHOUT LlllfrATION,ANY EXPRESS 0 UITLIED WARRANTIES OR CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE,
E
MFRCIIANJABTLITY,DURABILITY.TH LF.ACCM,,,CY OR NON-INFRINGEME NT)ARISING OUTOF OR RELATED-1-0 TIM PERFORMANCE OR NON.PERFORIWANCr OF THE SERVICES,INCLUDING BUT NOT LIMITED 10 ANY WARRANTY RELAIINGTOTHIRD
PARTY SERVICES,ANY WARRANTY WITIH RESPECT TO THE PERFORMANCE OF ANY HARDWARE OR SOrI%VARE USED IN PERFORMING SERVICES AND ANY WARRANTY CONCERNING TIE:RESULTS TO BE OBTAINED FROM THE SERVICES.THIS
DISCI-ARAM AND EXCLUSION SHALL APPLY EVEN IF THE EXPRESS WARRANTY AND LIMITED REMEDY SET FORTH HERON FAILS OF ITS ESSENTIAL PURPOSE CUSTOMERACKNOWLEDGES THATNO REPRESENTATIVE OF SELLEROROF FIS AFFILIATES
IS AUTI IOR1Z.FD TO MAKE ANY RFTRESENTA11ON OR WARRANTY ON BFHA1,F OF SELLER OR ANY 017 ITS AFFILIATES THAT ISNOT IN THIS AGREEMENT OR IN A STATEMENT OF WORK EXPRESSLY,MENEIrNG SEELFR'S WARRANTY.
Cusau'""'hall be solely"ipansible for daily bark-up mid other protection of its Jaw and sollm—gamin]as,,d-.gv.,courartai.n.Coo4oracr shall be solely—1—ible for rec.ask-mg dam(including but not limited to data located an disk files and tracorries)and sollware thatirmy Ix lost,
damaged or con-upted dming the pentiuraince.fltvic..SELLER.ITS AFFILLATFS.AND RSAND THEIR SUPPLIERS.SUBCONTRACTORS AND AGENTS ARE HEREBY RELEASED AND SHALL CON-DEME TO BE RELEASED FROM ALL LIABILITY IN CONNECTION WITH
THE LOSS,DAMAGE OR CORRUPTION OF DATA AND SOFTWARE,AND CUSTOMER ASSUMES ALL RISK OF LOSS,DAMAGE OR CORRUFFION OF DATA AND SOFTWARE IN A14Y WAY RELATED TO OR RESULTING FROM THE SERVICES.
Seller will not be aapwnsiMz Lot and no liab➢itystmll result to Seller n;any of it:Aftilinus for amt decoys rn delivm'or in pertomooce nLich result hon any'aircmnstaca be}'ond Seller's reasonahle cnnlrol,utcluding,but not limited to,Prtvluct murJmbnin,camtt delays.delays die o f,
_c"'ther conditions,lhihmfp.bbo'Enoblerm m,ts.f,hamori..,c.hg.r acts.1"Gd.—ta-,I.-rfwii�g.verm--geney.Any shipping data provided by Sella corany purported deadlinescontained in a Suricaramn ol-Worl,arm)otherdocannent are
"'inum,'only.
Friczag Inforotation,,Availability Disclaimer
Seiler—the right to makeadjusurnmits to pricing.Pmdutand Service.11mi.as far—,is including,but net limited W,cliami
,in,=Let conditions,Product disematimaidion,product unwailability,arannifincona price,changes,supplier price cliongesand cro,ri inm[rtLears.AIIiud—
mesubjectI.Product immkibilityamt the mailability ofPcramoul to perturrin the Serices.Therefore.Salla cannot goon—as,that it will beat,].to fulfill Cuserner's order. far planing purposes;
only.
Credits
Any credit issued by Sala to Cusunner for my reason must be used within Mo(2)years firoon the date that die credit was issued and may only be used for future purchases of Product andlorSmices.Any credit orportion themerafroul used within the too(2)yearporiod will automatically aspire.
Lininatio"o'Liability
UNDERNO CIRCUMSTANCES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY SET FORTE HEREIN,WILL SELLER ITS AFFILIATES OR ITS OR ITEM SUPPLIERS,SUBCONTRACTORS OR AGENTS BE LIABLE FOR(A)ANY
INCIDENTAL,INDIRECT,SPECIAL,PUNITIVE OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO,LOSS OF PROFITS,BUSINESS,REVENUES OR SAVINGS,EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES OR IF
SUCH F, IN Y OR OEHER THEORY OF LIABILITY;(B)ANY
DAMAGES ARE OTHERWISE IFORESEEABL IN EACH CASE,WHETHER A CLAIM FOR ANY SUCH LIABILITY IS PREMISED UPON BREACH OF CONTRACT,WARRANTY,NEGLIGENCE,STRICT L BLIT
CLAIMS,DEMANDS OR ACTIONS AGAINST CUSTOMER BY ANY THIRD PARTY,(C)ANY LOSS OR CLAIM ARISING OUT OF OR IN CONNECTION WITH CUSTOMERS IMPLEMENTATION OF ANY CONCLUSIONS OR RECOMMENDATIONS BY SELLER OR FIS
AFFILIATES BASED ON,RESULTING FROM,ARISING OUT OF OR OTHERWISE RELATED TO THE PRODUCTS OR SERVICES;OR(D)ANY UNAVAILABILITY OF THE PRODUCT FOR USE OR ANY LOST,DAMAGED OR CORRUPTED DATA OR SOFTWARE IN THE
EVENT OF ANY LIABILITY INCURRED BY SELLER OR ANY OF ITS AFFILIATES,THE ENTIRE LIAB[LrIY OF SELLER AND ITS AFFILIATES FOR DAMAGES FROM ANY CAUSE WHATSOEVER WILL NOT EXCEED THE LESSER OF.(A)THE DOLLAR AMOUNT PAID
BY CUSTOMER FOR THE PRODUCT(S)GIVING RISE TO THE CLAIM OR THE SPECIFIC SERVICES GIVING RISE TO TIE CLAIM,OR(B)$50,000.00.
Cmfi lental[mranicition,
Each piny anticipates,that it may be necessmy to provide aces to information of a confidential nature of such party,the Affilintem or a third party(herchrafter referred to ars"Confidential Information")to die other party in the performance of this Agrecromat mid any Statement or work.
"Confidential my information or data in oml.electronic or written form vibich the receiving party knows or bas reason to know is proprietary or confidential and which is disclosed by a party in contraction with this Agmmnt or which the receiving party may have access to in
consaw'lon with this Agreement,including but mot limited to the terms and conditions of each Staternent of Work.Confidential Information will not include indmintion which:(a)becomes known to the public through mad ofthe receiving party;(b)mw known to the receiving party,or becomes
known to the recessing party boom a third party having the right to disclose it and having on,obligation ofearifidentially to the disclosing party with respect to die applicable inflammation;or(c)is independently developed by qcnti,camploy—or sub—onsitors ofthe receiving party%%he have net
had
ucecastosuch infionnation.To the extent practicable,Confidential Informition should be clearly identified or labeled mi such by the disclosing party at the time of disclosure or re,promptly therearrair as possible,however,failure tow identify or label such Confidential Information will not be
ei,ridarace that such information is net confidential or protaccable.
Each party agrees to hold the other party's Confidential Information confidential for a period of flaw,(3)years following the date of dischmaim,and to do.in a manner at least.praiteitive,as it holds its own Confidential Information oflike kind but to race no,les than a reasonable degree of core.
Disclosures;of the other party's Confidential Infornartiml will be restricted(i)to those individuals who are participating in the pew urnamm of this Agreement or the applicable Statement of Work and need to know such Confidential Information for purposes oftaroulding;or receiving the Products or
Services orothermice in connection with this Agreement or the applicable Stmerment ofWork,or(ii)wits business,legal and financial advisors,each on a confidential basis.Each petty agrees not touse,my Confidential Information ofthe other party Ibrany purpose after than the business purp
comemplated by this Agrecticart and the applicable Stamment of Work.Upon the written request ofa party,the other party will either nottarn or certify the destined=offlic Confidential Information,ofthe other party.
If receiving party is required by Ism,,rule or regulation,our requested in my judicial or administrative proceeding or by my goverminental or regulatory authority,to disclose Confidential Imommation of the other party,the receiving party will give the disclosing party prompt notice of such request
so due the disclosing party my wal,smappropriate protective order or sunilar protective measure and will me reasonable efforts to obtain confidential toortemait ofthe Confidential Inficarvaion w disclosed.
Remon Pri,fleg.
To obtain Seller s soman policy,Cnstoroa dmuld canmet CUW Cunomcr Relations m 8F6SVCACDW or email at q.stomerRelations?Tcdw.cam Custiona roust notify CDW Cit.,vonat Relations ofamw damaged Products within ten(IO)days ofocce,pl.
Any claim.dispute,or comaury(,bather in contract,ton or oilierisc,mlieffier proesisfi�-proseut or future,and including,but not limited to,statutory,recoman law,intentional ton and equitable claim)raising firmin or relating In the Products,the Saviors,ilm,interpretation or application of
IE—Tcamm,and Conditions.,any Statement of Wok err Ibe branch,terininati.n a,validity thereof,the oJittionship—hich rosid,from the.Terms and Conditions or any Stmearmant of Wool,-(including,to die full eacut lxmiittcd by applicable b%v,relminusbips with third parties who are not
signatories,hereto),or Sdl&.or any of it,Affilia"'mlcrtisiiig or marketing(caectisely,."Chdric)WILL BE RESOLVED,UPON TI If ELECTION OF ANY OF S IMLER.CUSTOMER OR TIE 11[IRD PARTIES INVOLVED,EXCLUSIVELY AND FINALLY BY BINDING
ARBITRATION.Ifarbionum is chosen,it wil]be conducted pursuant to the Rules of Lha Amari—Arbitration Association-II'mintration,is elmen by my party with respect to a Claim,neither Seller our Customer will have the right to litigate that Claim in court or to law,ajmy trial on that Claim
.,IVcig.I.pre-arbitration discovery,esequ as provided for in the applicable arbitration rules iarby mg neal,fth.parlicsinvolved.Further,Custom-win not have the tight to pardicipste a a aclu,sentative or member army etas orclaimants portiming to my Claim.Notwithstanding any
choiw oflivurprovision,included in these Imam and Conditions,ibis arbitration agreement is subject to 01-!M AbibraimiAm(9 U.S.C.§§1-16).11embiturtimi.will Ink.Place—1,.i,.Iy i.Chicago,Illim is.Any count havitisjuri'diatimi,Amy cater.itidgincot on die award tendered by One
r
collection armaments due no Seder arising nut ofthe hodwt,orServices mill be exclusively litigated in court rather flust thrWjt mbituation.
"...mains
Seller may assign orraubconbact all.,any portion of its rights or obligations;with respect to the sac of Products or We p.1hmanta of Services no-nesigir the right to raccri,z payment,without Cm.&.cmosma.Coate—Amy not weiigra these Terms and Conditions,or aw of its nglits or
abngatiaas Arnim xiibom the prior written consort of Sella.SubjGtodo raslrictious in assiganman coot iacd ha.tin,ibax:Terms and Coniitiona wi➢belrindmg an mud imam to We baic(itoCWc parties herdo and thdr succcswrs sad ssigms No provision of thisAgrysuentoc any Smtnient of
R'ark will be domed evmred,amended or minified by either pang oleos such waiver,amaJmrnl err modification is in writing and signed by both paries The relmioustnip beMaen Sella and CLstomer is that of indpwdrnt cnnvactom and not Una of enmployalenployae,paMdship orjohnt
venture If my term or condition offlaisAgimmuccat or a Statement ofWozk is found by.court.17comp tent jurisdiction ta be invalid,illegal or otherwise unenforceable,the some,shrill not aft t[be othet,burns or canditions,hereof or thereof or the'mbole of this Agreement or the applicable
StatereanfWark Notices provided under this Agreement will be given in writing and dicerned received upon the earlier criminal receipt or three(3)days after mailing ifumiled postage prepaid by regular mail or affirtail or me(1)day aftersuch notice is sent by courier or fismaimile basmanission.
Any delay cor firiture by eitherparty to esercise,any right orremedy will not conatime,a waiver ofthat parly to thereafter enforce such rights.
Version Data 0223/1010
J VOUCHER NO. WARRANT NO. Prescribed,by State Board ofAcccunts City Form No.201 (Rev.1995)
ALLOWED20 .
CDW GOVERNMENT INC ACCOUNTS PAYABLE VOUCHER
75 REMITTANCE DR IN SUM 01=$ CITY OF CARMEL
SUITE 1515 An invoice or bill to be properly itemized must show:kind of service,where performed,dates service
CHICAGO, IL 60675-1515 rendered,by whom,rates per day,number of hours,rate per hour,number of units,price per unit,etc.
$
Payee . .
1,173.00
ON ACCOUNT OF:APPROPRIATION FOR Purchase Order#
Communications
Terms
Date Due
PO# ACCT# DATE. INVOICE# DESCRIPTION
DEPT#
INVOICE# . Fund#. AMOUNT Board Members DEPT# FUND# (or note attached invoice(s)or bill(s)) AMOUNT
34073 DTW1397 43-500:00 $1,173.00 ]'hereby certify that the attached invoice(s),or 7/28/16 DTW1397 $1,173.00
1115 101 1115 101
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
Friday,August 05,2016
Terry..Crockett
Director
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
Cost distribution ledger classification if claim paid motor vehicle,highway fund.
Clerk-Treasurer
INVOICE.DATE INVOICE NUMBER PAYMENT TERMS DUE DATE
07/28/16 DTW1397 Net 30 Days 08/27/16
ORDER DATE SHIP VIA ' PURCHASE ORDER NUMBER CUSTOMER NUMBER
07/22/16 UPS Ground(Indy 1-2 day) 0 73 1674420
ITEM NUMBER DESCRIPTION° QTY CITY QTY UNIT PRICE . TOTAL
ORD SHIP BIO
4039560 WESTERN 6TB GOLD 3.5 SATA 128MB HDD 3 3 0 391.00 1,173.00
Manufacturer Part Number:WD6002FRYZ
Serial No:K1G0WNNB
Serial No:K1 G3808B
Serial No:K1G388SB
GO GREEN!
CDW is happy to announce that paperless billing is now available! If you would like to start receiving your invoices as an
emailed PDF, please email CDW at paperlessbilling@cdw.com. Please include your Customer number or an Invoice
number in your email for faster processing.
REDUCE PROCESSING COSTS AND ELIMINATE THE HASSLE OF PAPER CHECKS!
Begin transmitting your payments electronically via ACH using CDW's bank and remittance information located at the top
of the attached payment coupon. Email credit@cdw.com with any questions.
ACCOUNT MANAGER SHIPPING ADDRESS: SUBTOTAL, $1,173.00
MICHELLE REEVES CITY OF CARMEL
312-547-2393 TODD LUCKOSKI SHIPPING $0.00
micreev@cdwg.com 3 CIVIC SQ
CARMEL IN 46032-2584 SALES TAX $0.00
SALES"ORDER NUMBER
HGFV866 AMOUNT DUE $1,173.00
Cage Code Number 1KH72 HAVE QUESTIONS ABOUT YOUR ACCOUNT?
DUNS Number 02-615-7235 PLEASE EMAIL US AT credit@cdw.com
ISO 9001 and ISO 14001 Certified VISIT US ON THE INTERNET AT www.cdwg.com
0001:0001 CDW GOVERNMENT FEIN 36-4230110 Page 1 of 1
relying on any statements,specifications,photo"phs or other i-ols-representing--the-,P"m"d'u"=*"that'*--,y-b-e"p-.v'ide"d-,k,-,Seller,.r,i�-A-f,f.I i,w-,-s.-SE L-L-E,R,A-N,D,-M-,'A-r,F-1LI-A,T-il'S--1 1'E'R E,B-Y-*E'X"I"R-,E-S,S-L*,Y"D-1,S-C,L,-A-l-M--AL1., WA R"l6A,N-T`I E--S,Fill-I-I'll-EXPMESS--O-R,I-N-1 P--L[-E--D,-R-ELA-T-E D TO
PRODUCTS,INCLUDING,BUT NOT LIMITED To.ANY WARRANTY OF TITLE ACCURACY,MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WARRANTY OF NONINFRINGEMENT.OR ANY WARRANTY RELATING TO THIRD PARTY SERVICES.
THE
I..,DISCLAIMER CONTAINED IN THIS PARAGRAPH DOES NOT AFFECT THE TERMS OF ANY MANUFACTURERS WARRANTY. Counciont,expressly wiwa any claim that it may how against Seller or its Afflions based on any product liability or infringement or alleged
i.fii4curantafany parent,copyright.trade secret or other intellectual propartyrights Leach ii'Cbdm-)with respect to any Product=dlw,%-Aves my right to indcrarrificsflon room Seller or its Affiliates against any such Claim made against Customer by third party.Customer acknowledges that
..employee ofSeller.,its Affiliates ismithanbsed to make any reprewmation orwaromily on behalfol'Sellier army arils Aflilimes that is not in this Agreement.
Seller waraats that the Services will be performed in a good-d,,.,k—likc manner.C.-musea sale and exclusive Moody and Sellers entire liability with respect to this warranty will be,in the wic option of'Seller,to either(a)use its mmmble cournmerelal efforts to reperform or cause 1.be
mpe,lbroud any Services not in substantial compliance with thisu-nonly,or(b)refund commom paid by Cmmmur related to the portion ofthe Serviecs not in subsucatiM compliance;provided,in each caw.Customer nodfics,Seller in writing within five(5)business days after performance ofthe
applicable Service.EXCEPT AS SET FORTH HEREIN OR IN ANY STATEMENT OF WORK THAT EXPRESSLY AMENDS SELLER'S WARRANTY,AND SUBJECT TO APPLICABLE LAW,SELLER MAKES NO OTHER.AND EXPRESSLY DISCLAIMS ALL OTHER,
REPRESENTATIONS,WARRANTIES,CONDITIONS OR COVENANTS,EITHER EXPRESS OR IMPLIED(INCLUDING WITHOUT LIMITATION,ANY EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE
MERCHANTABILITY,DURABILITY,TITLE,ACCURACY OR NON-INFRINGEMENT)ARISING OUT OF OR RELATED TO THE PERFORMANCE ORNON-PERFORMANCE OF THE SERVICES,INCLUDING BUT NOT LIMITED TO ANY WARRANTY RELATING TO THIRD
PARTY SERVICES,ANY WARRANTY WITH RESPECT TO 7116 PERFORMANCE OF ANY HARDWARE OR SOFTWARE USED IN PERFORMING SERVICES AND ANY WARRANTY CONCERNING THE RESULTS TO BE OBTAINED FROM THE SERVICES.THIS
DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF 7TIE EXPRESS WARRANTY AND LIMITED REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE.CUSTOMER ACKNOWLEDGES THAT NO REPRESENTATIVE OF SELLER OR OF ITS AFFILIATES
IS AUTHORIZED 10 MAKE ANY REPRESENTAI ION OR WARRANTY ON BEHALF OF SELLER OR ANY OF ITS AFFILIATES THAT IS NOT IN 11 US AGREEMENT Olt IN A STATEMENT OF WORK EXPRESSLY AMENDING SELLER'S WARRANTY.
Customer shall be solely responsible for daily back-up and other portection of its data and software against]as%damage a,ecomptim.Cushunic,And be solcly responsible for reconstructing data(including but not limited to data Iemand an disk dies,and mmmric;)and wftwm that may be lost,
damagedor couripted during the performanceof Services.SELLER.ITS AFFILIATES.AND ITS AND THEIR SUPPLIERS.SUBCONTRACTORS AND AGENTS ARE I IERCBY RELEASED AND SHALL CONTINUE TO BE RELEASED FROM ALL LIABILITY IN CONNECTION WITH
THE LOSS,DAMAGE OR CORRUPTION OF DATA AND SOFTWARE,AND CUSTOMER ASSUMES ALL RISK OF LOSS,DAMAGE OR CORRUPTION OF DATA AND SOFTWARE IN ANY WAY RELATED TO OR RESULTING FROM THE SERVICES.
Seller will not be responsible for and no liability shall result I.Seller or any of its Affificies for any delays 16 delivery or I.pc,f.—.,vbih ocsoh fimmany ciremossances beyond Seller's ransombli control,including,buf not limited to.Product unavillability,carrier dclays.delays due to fire,
weather camlithm&failure.17power,labor problems acts f—,unionam,embargo,sets of God or acts or laws army government or agency.Any shipping ds-or completion dates provided by Seller or any purported dcadlines comairold in a Statement of Work or y other document me
only.
PricingInformation;A-lability Disclaimer
Seller reserves the right to make adjustments to prichle-Products and Service offerings for—ns including,but not limited to,changing market conditions,Product discontiourriom Product unavailability,manufacturer prim change,supplier Free changes and aroma in advertisements.All aid,rs
are subject to Product availability and the availability of Personnel 0 perform the Services.Therefore,Sell"cannot guenumm that it will be able to fulfil Customer's orders.If Services are being performed on a time and materials bwi&any estimates provided by Seiler sm,for pinning purposes
only.
Credits
Any credit issued by Seller to Customer for any rescam must be used within on.(2)3—for.the"c that die credit was issued and may only be used for future purchases ofPmdum and/or Services.Any credit or portion flan-frot used within the run(2)year period will automatically expire.
LindLifi-ofLiability
UNDER NO CIRCUMSTANCES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY SET FORTH HEREIN,WILL SELLER,ITS AFFILIATES OR ITS OR THEIR SUPPLIERS,SUBCONTRACTORS OR AGENTS BE LIABLE FOR:(A)ANY
INCIDENTA4 INDIRECT,SPECIAL,PUNITIVE OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO,LOSS OF PROFITS,BUSINESS,REVENUES OR SAVINGS,EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES OR IF
SUCH DAMAGES ARE OTHERWISE FORESEEABLE,IN EACH CASE,WHETHER A CLAIM FOR ANY SUCH LIABILITY IS PREMISED UPON BREACH OF CONTRACT,WARRANTY,NEGLIGENCE,STRICT LIABILITY OR OTHER THEORY OF LIABILITY;(B)ANY
CLAIMS,DEMANDS OR ACTIONS AGAINST CUSTOMER BY ANY THIRD PARTY;(C)ANY LOSS OR CLAIM ARISING OUT OF OR IN CONNECTION WITH CUSTOMERS IMPLEMENTATION OF ANY CONCLUSIONS OR RECOMMENDATIONS BY SELLER OR ITS
AFFILIATES BASED ON,RESULTING FROM,ARISING OUT OF OR OTHERWISE RELATED To TEE PRODUCTS OR SERVICES:OR(D)ANY UNAVAILABILITY OF THE PRODUCT FOR USE OR ANY LOST,DAMAGED OR CORRUPTED DATA OR SOFTWARE.IN THE
EVENT OF ANY LIABILITY INCURRED BY SELLER OR ANY OF ITS AFFILIATES,THE ENTIRE LIABILITY OF SELLER AND ITS AFFILIATES FOR DAMAGES FROM ANY CAUSE WHATSOEVER WILL NOT EXCEED THE LESSER OF:(A)THE DOLLAR AMOUNT PAID
By CUSTOMER FOR THE PRODUCT(S)GIVING RISE TO THE CLAIM OR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM;OR(B)$50,000.00.
Confidential Information
Each parry anticipates dim it may be necessary to provide access;in information of a conflilcialad no=of such party,the Affiliates or a third party(hereinafter relcored to in*Cciffidential Information')to the other party in the performance of this Agreement and any Statement of Work.
'Confidential Information'mucar;any information or data in ord,electronic or written form which the receiving party knows or has reason to know is proprietary or confidential and which is disclosed by a party in connection with this Agreement or which the receiving party may have acmas,to in
connection with this Agreement,including but not limited to the teens and conditions ofeach Statement of Work-Confidential Information will not include information which:(a)becomes known to the public through an act ofthe receiving party;(b)was known to the receiving party,or becomes
ka—Wthe"living party from a third party living the right to disclose it and having no obligation ofconfidendalfty to the disclosing party with respect to the applicable Information;or(c)is independently developed by agents,employees or subcontractors ofthe receiving party who have not
had—.=t such information.To the extent practicable,Confidential Information should be clearly identified or labeled as well by the disclosing party a the time ofdinlowm or as Promptly thereafter as ponibla,however,failure to at identify or label such Confidential Information will not be
ce
evidenwell information is act confidential or protectable.
Each petty agreesto hold the other parVa Confidcmdsd Information confidential for a period of three(3)years following the dam of disclosure and en do w in a manner
in Icasi as Protective as it holds its own Confidential Information of like kind but to use no less than a reasonable degree of case.
Disclosuresofthe other partys Confidential Information will be re cricled(I)to those individuals who are participating in the perform==of this Agreement or the applicable Succulent of Work ad read to know such Confidential Information for purposes of providing or receiving the Products or
Services or oth"vise in connection with this Agreement or the applicable Statement of Work or(i)to its business,legal and financial advisers,each on a confidential basis Each party agrees act w use any Confidential Information ofthe other party for any purpose other than the business purposes
contemplated by this Agreement and the applicable Statement of Work.Upon the%vriucn request ofa party,the other party will either ociam or certify the destruction ofthe Confidential Information ofthe other party.
Ifa receiving party is required by law,rile or regulation,or requested in myjudicial or administrative proceeding or by any governmental or regulatory authority,to disclose Confidential Information ofthe other party,the receiving party will give the disclosing party prompt notice ofwch request
so that the disclosing party may seek an appropriate protective order or similar protective measure and will use reasonable efforts to obtain confidential treatment ofthe Confidential Information w,disclosed.
Retain Privileges
To obtain Seller's Mum policy,Customer should comet CDW Canceller Relations 0 866.SVC.4CDW orcmail at CosionticrilclationsWc,11wcorn.Customer must nodfy CDW Customer Relations of any damaged Pmduets within ten(IO)days of receipL
Arbimad
Any claim dispute,or wriumnivy(whether in contract ton or otherwise,whether preexisting,present or future,and including,but act limited to,statutory,common law,intentional ton and equitable claim)arising from Or relating to the Products.the Scmims the intaponation or application of
these Terms and Conditions or any Surement of Work or the breach,Minalmodom or validity thereof,the relationships which—it from these Temps and Conditions or any Statement of Work(including,no the full extent permitted by applicable law,relationships with third parties who are not
signatories hereto),of Sellers or any or its Affliiiies'Awdisirig or marketing(.11c,6valy,.'Chun')WILL BE RESOLVED,UPON THE ELECTION OF ANY OF SELLER,CUSTOMER OR 1-1111 THIRD PARTIES INVOLVED.EXCLUSIVELY AND FINALLY BY BINDING
ARBITRA,TION'Ifarbiturflon is chosen,it will be conducted Forward to the Rules of the American Arbitration Association.Ifiobimmicut is chosen by any party with respect to a Claim,neither Seiler nor Customer will haw the right to litigate that Claim in won or to have ajury trial on that Claim
or to engage in pre-arbitration discovery,—pt as provided for in the applicable arbitration rates or by agreement of the parties involved.Further,Cosquour with not have the right to panicipaw as a represcutsfive or member of any class of claimants prud,liq;to any Clsim.Notwithstanding any
choice of law provision included in these Tarnal and Conditions,this arbitration agreement is subject to the Federal Arbitration A.(9 U.S.C.§§1.16).The arbitration will lake place exclusively in Chicago.11 limits.Any wun having jurisdiction may enter judgment an the award rendered by the
arbitrations).Each party involved will bear its own can of any legal representation,discovery or research required to complete arbitration.The existence or results of any arbitration will be treated as confidential.N-vidstandirg anything to the contrary contained herein,oil matters pertaining to the
collection ofamounts due to Seller arising out of the Products or Services will be exclusively litigated in won rather than through arbitration.
Miscellaneous
Seiler may assign or subcontract all or any portion of its rights or obligations with respect to the sale or Products or flic performance of Services or assign the right to receive payments,without Customers consent Customer may not assign thew Terms and Condidom or any of its rights or
obligations herein without the prior written conscatol'Sellcr.Subject to the restrictions in assignment contained hencin.these Terms and Conditions will be binding an and in=to die benefit ofthe panics hereto and their successors and aligns.No provision of this Agreement or any Statement of
Work will be deemed-jva amended or modified by either party unless such waiver,amendment or modification is in writing and signed by both panics.The relationship between Seller and Chummier is that of independent contractors and not that ofemployer/croployce,partnership o,join,
venture.If any term or condition of this Agreement or a Statement of Work is found by a court of competent jurisdiction to be invalid,illegal or otherwise,unenforceable,the same shall not affect the odier Nems or conditions hero[or thereof or We whole of this Agreement or the applicable
Statement of Work Notices provided order this Agreement will be given in writing and deemed received upon the earlier of actual accept or ill=(3)days after mailing if mailed postage prepaid by regular mail or airmail or one(1)day after well notice is sent by courier or facsimile transmission.
Any delay or failure by either party to mocine any right or arrocily will not constitute a waiver of that party to thereafter enforce such rights
Version Date:02/23/2010
CDW Government HP23417-00000-00001
230 North Milwaukee Ave. f
Vernon Hills IL 60061 "Sold To:
Ill/.t� CITY IC CARMEL
3 CIVIC SQ
847-371-5000 800-800-4CDW
Fax 847-419-6200 ATTN: TERRY CROCKETT -
www.cdwg.com CARMEL IN 46032-2584
Ship To:
CITY OF CARMEL
Federal Tax ID: 36-4230110 3 CIVIC SQ
If you have any questions about this
order or if you want to place another TODD LUCKOSKI
P order you can reach your sales person CARMEL IN 46032-2584
at 312-547-2393 or 847-465-6000 x52393.
273-1 1 Time Prlinted 15nted /19: 5016
APick Ref No. Order Date Sales erson PO Number
HP23477-00000 '7/22/20161 MICHELLE REEVES x52393 HGFT618
Order No. I Customer I Terms Ship Via ,
CHGFV866 1 1674420 Net 30 Days-Govt State/Local UPS Ground (Indy 1-2 day)
Bin Part# Qty Description Price Total
4B12J4 4039560 3 WES-WD6002FRYZ 1.8 0
WESTERN 6TB GOLD 3.5 SATA 128MB HDE 391.00 1:173.00
CDW n w offers nationwide On- Site Setup! a can come
to your locatio ii and set up your computers, co iflgure your
networl c, and r iiore. Call your Account Manag r ford tails.
N
G
I
L
Please Keep All Boxes and Packing Intact.
No Returns will be Accepted Without an
I RMA#,Original Packing Material and Cartons.
For technical support please call 800-383-4239.
S For Returns & Customer Service call 866-782-4239.
THE TERMS AND CONDITIONS OF PRODUCT SALES ARE
LIMITED TO THOSE CONTAINED ON CDW-G'S WEBSITE AT
T * PRINT * Your account will be billed for Sub-Total 1173.oo CDWG.COM. NOTICE OF OBJECTION TO AND REJECTION
Batch 0968099 this shipment. Shipping OF ANY ADDITIONAL OR DIFFERENT TERMS IN ANY
0.00
User SPEEDPI Sales Tax o.oo FORM DELIVERED BY CUSTOMER IS HEREBY GIVEN.
56 Page 1 This document is your packing list. Total 1173.00
This equipment may be covered by a manufacturer"take back'or
electronic recycling program in your State.For more information
see www,cdwg.com/wheretorecycle on www.cdwg.com or check with your j4 // u /
L6i2A 0 0a GL GlG/L ON OGLN ONGLeN l
Slate environmental agency. o
MIX
,a Paper WcfveGone6reenl
FSC FSC 0102882
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