Loading...
HomeMy WebLinkAbout304368 10/26/16 CITY OF CARMEL, INDIANA VENDOR: 365844 ( ONE CIVIC SQUARE FUN EXPRESS CHECK AMOUNT: $*******396.47- CARMEL, INDIANA 46032 PO BOX 14463 CHECK NUMBER: 304368 9) DES MOINES IA 50306-3463 CHECK DATE: 10/26/16 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 1096 4239039 679899088-01 44.88 GENERAL PROGRAM SUPPL 1081 4239039 679940858-01 236.59 GENERAL PROGRAM SUPPL 1081 4239039 679943184-01 115.00 GENERAL PROGRAM SUPPL Voucher No. Warrant No. 365844 Fun Express, LLC Allowed 20 P.O. Box 14463 Des Moines, IA 50306-3463 In Sum of$ $ 396.47 ON ACCOUNT OF APPROPRIATION FOR 108 ESE 1109 Monon Center PO#or INVOICE NO. ACCT#/TITLE AMOUNT Board Members Dept# 1096-40 67989908801 4239039 $ 44.88 1 hereby certify that the attached invoice(s), or 1081-7 679943.18401 4239039 $ 115.00 bill(s) is(are)true and correct and that the 1081-5 67994085801 4239039 $ 236.59 materials or services itemized thereon for which charge is made were ordered and received except October 18, 2016 Signature $ 396.47 Accounts Payable Coordinator Cost distribution ledger classification if Title claim paid motor vehicle highway 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 10/7/16 67989908801 Pumpkin Painting Supplies xx4416 $ 44.88 10/11/16 67994318401 Site Plan 2 Supplies 2016-2017 xx4427 $ 115.00 10/11/16 67994085801 Supplies for Site Plan 2 xx4419a $ 236.59 Total $ 396.47 I hereby certify that the attached invoice(s),or bill(s)is(are)true and correct and I have audited same in accordance with IC 5-11-10-1.6 20_ Clerk-Treasurer 180 I;ZEcE.'.•I VED _ r r�•�ip�`-T4: r—"SY:..vrt55nc� F OCT 17 2016 te w @ Page#: 1 0 s SOLD. SHIP TO: W c G66DIM00400039 -434163 CARMEL CLAY PARKS&REC CARMEL CLAY PARKS.&RECREATION o DAWN KOEPPER AMANDA JACKSON 0 1411 E.116TH STREET 1235 CENTRAL PARK DRIVE EAST 0 CARMEL, IN 46032-3455 CARMEL, IN 46032 Purchase;Order Numb Rate Ofdered = Date Shipped_. << _ Back Orders Terms ..; NXX44110072016'.6 1Q/07/201E _30`DAYS„ Semce resen!atFve IVamber ofwCartons=..Weighty a Shipped;Via_ Ip� — 1 herr Number Order Qty �Sh�p Qt}r Descrip ions �� � Ung#Priced ExtAmount 1 D-13707814 3DZ 3 GOOFY JACK-O-LANTERN FACE STICKERS 3.99 11.97 1D-57/6124 3DZ 3 JACK-O-LANTERN FACE STICKERS 3.99 11.97 1D-13605999 2RL 2 PRISM PUMPKIN STICKERS 2.00 4.00 1D-13679803 1UN 1 ADHESIVE BACK GEOMETRIC JEWELS(50013C) 6.99 6.99 AO-99/ENVL 113C 1 ATTACH PACKING LIST ENVELOPE. Call to speak to a customer service representative: 1-800-228-0122 Merchandise Shipping&Handlirtg� SalesTax TotalAmount CertificateQtherPayments�� al�ee �. �'..w-a • 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 Seller's;Ofnaha,gebraska 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 Terns. 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%z 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 Seller 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 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 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 anyway affecting Seller's rights under such order. If,despite a default by Buyer,Seller elects to continue to make shipments,or accept fiuther 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 of product into the state of Califomia 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 expenses(including attorney fees)arising out of any alleged Proposition 65 violations.In addition,if Buyer intends to resell,distribute or exportany 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 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 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 terns and conditions shall be binding unless expressly agreed to in writing and signed by Seller. These terms and condition 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 condition 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. r OCT 1. 7 �U*116 _ _ - F_ bat0_/11x/2016' �1 Page#: 1 W , 0 :SOLD SHIP TO: T o G660MG00400033 -437305 CARMEL CLAY PARKS&REC PRAIRIE TRACE/PARKS&REC o DAWN KOEPPER MEAGAN STORMS 1411 E 116TH ST 14200 RIVER RD g CARMEL, IN 46032-3455 CARMEL, IN 46033 0 PurchasOrd'er N,umbea Date Ordered Date Shipped Back Orders" Terms XX-4427 70/10/2016 ,s 10/1`1/2016 .ANO . NET'30 DAYS Service, ep ese-t = Number of Cartons Weight Shipped Via- - 1 22LBS Item NumbQ Order,Qty Ship Qty .`! De`scripttan Ms Umt Prlce Ext Amount ID-13661211 10UN 10 GID PLASTIC FUN LOOP CONNECTORS .88 8.80 1D-13665453 5UN 5 GLITTER RAINBOW ASST.FUN LOOPS KIT 2.28 11.40 1D-49/464 2DZ 2 INFLATE FLOWERS 15.19' 30.38 1D-3/8998 1PC 1 ENCHANTED FOREST SCENE SETTER 12.79 12.79 1D-48/7363 IUN 1 ASSORTED TISSUE PAPER ASSORTMENT 8.79 8.79 1 D-13650230 5UN 5 NEON FUN LOOPS REFILL ASSORTMENT-500 3.38 16.90 1 D-13650259 5UN 5 RAINBOW FUN LOOPS REFILL ASSORTMENT- .78 3.90 1D-48/9821 1UN 1 SNOWFLAKE ENAMEL CHARMS 7.19 7.19 AO-99/ENVL IPC 1 ATTACH PACKING LIST ENVELOPE 1D-13665442 5UN 5 MULTI COLOR ASST.FUN LOOPS KIT .98 4.90 Call to speak to a customer service representative: 1-800-228-0122 MerchantlseShipping&Handlmg � Sales:Tax Total Amount Certificate Othe r Payments a 'ce E 11&0 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 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 cAdihons scaforth 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 I%a 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 540.00 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 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 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 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 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 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 grunts 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)waning labels.If Buyer fails to provide such notice or fails to provide appropriate Proposition 65 warnings and distributes any product into the state of Califomia,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 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 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 trunsportation,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 signed 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 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. 180 RECEI TED _ �ln'voice,# n .679940858,01 ki172016 , t Date„ �Q xr� �a10/1,112016 BY: Page#: 2 0 N SOLD SHIP TO: g c660Mc00400366 -437638 MOHAWK TRAILS/PARKS&REC c, CARMEL CLAY PARKS&REC o DAWN KOEPPER CYNDI CANADA 1411 E.116TH STREET 4242 E 126TH STREET g CARMEL,IN 46032-3455 CARMEL, IN 46033 �IIIII������IIII��'VIII"II�III���'�II�I'�II��I'I��III'III'II'I" PurchaseFOrdbr-Number 'Date Ordered Date Shipped "_. Back orders` Terms XX-4419A 10/10/2016 s' 10/1.1/20161 N0 NET30 DAYS - u 1. Servace�Representatrve, .. Number of:Cartons Weight Shipped Via' 3:..: 43'-77 LBS Iter Ir Ortler Qty Ship �Descriptton y Urnt`Price Ext Amount ' Call to speak to a customer service representative: 1-800-228-0122 Merchandise Sh�pp�ng&Handling Sales Tax Total Amount r Certificate Other PaNT yments atanc e ,.236 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 h`1 writing and signed by both parties,shipping dates are approximate and that time is not ofthe 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 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 V: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 terns 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 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 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 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 finther 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 Terns 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 wan-ants 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 expenses(including attorney fees)arising out ofany alleged Proposition 65 violations.In addition,ifBuyer 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 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 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,accreditations,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 signed 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 terns 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. Rev.5-06-15 180 Invoice#: 679940858-01 RECEIVED O C T 7 2 016 Date: 10/11/2016 Page#: 1 0 BY: N SOLD SHIP TO: $ G660MG00400366 -437638 MOHAWK TRAILS/PARKS&REC CARMEL CLAY PARKS&REC o DAWN KOEPPER CYNDI CANADA 1411 E.116TH STREET 4242E 126TH STREET CARMEL,IN 46032-3455 CARMEL, IN 46033 �II111������1111��'X111"II�III���'�II�I'�II��I'1��111'III'II'I" Purchase Order Number. Date`Ordered Date.Shipped Back`Orders Terms XX=4419A. . ... 1017,0/2016 -;-`10M:1/2Q,76. NONET,;30,DAYS Service 12epresentatrve `_ -Number'of®GarEons, Weight, ug Shipped Via 3 = 43:'LBS, ����Item>Number� * Order Qty Shrp Qty , � �� Descrrpti„cn� r � &� U�rirtPriceExt Amortrit 1D-5/1562 1UN 1 BOUNCING BALL ASSORTMENT(100 PC) 17.98 17.98 ID-418037' 1UN 1 SUPER TOY ASSORTMENT 10.98 10.98 1D-5/627. 1UN 1 TATTOO ASSORTMENT(720PC) 31.99 31.99 1D=5/526 1UN 1 SLAP BRACELET ASSORTMENT(50PC) 15.99 15.99 1D-61165 1DZ 1 MINI PLUSH DOGS 11.99 11.99 ID-13765222 313Z 3 TURKEY CHARACTER SUCKER 4.60 13.80 1D-41/1397 1UN 1 CHRISTMAS COLORED-METALIC CHENILLE STE 1.59 1.59 . 1D-39/2132 1DZ 1 BRIGHT COLOR GID SHUTTER SHADES 7.99 7.99 'ID-13661080 1 UN 1 PUTTY&SLIME ASSORTMENT(50PC) 19.99 19.99 1D-5/905 1UN 1 MEDIUM TOY ASSORTMENT(100PC) 13.98 13.98 1D-13746351 1DZ 1 PLUSH ZOMBIE SHARK 12.79 12.79 1D-5/715 1UN 1 MEGA DELUXE TOY ASSORTMENT(250PC) 29.98 29.98 1D-13693665 1DZ 1 PULL BACK TRANSLUCENT RACE CARS 7.99 7.99 1D-5/629 1UN 1 STAMP ASSORTMENT(50PC) 9.98 9.98 1D-13745592 1UN 1 LARGE FALL LEAVES 4.79 4.79 1D-8/545 1DZ 1 PLASTIC BARREL SHARPENERS 4.79 4.79 1D-56/3005 2ST 2 JUST SPRAY IT!BOTTLES-6 PC 7.60 15.20 1D-48/3965 1UN 1 FEATHER ASSORTMENT(600PCS) 4.79 4.79 AO-99/ENVL 1PC 1 ATTACH PACKING LIST ENVELOPE *CONTINUED ON NEXT PAGE* CITY OF CARMEL, INDIANA VENDOR: 367520 ONE CIVIC SQUARE FACILITY SOLUTIONS GROUP CHECK AMOUNT: $*******140.94- CARMEL, INDIANA 46032 PO BOX 896508 CHECK NUMBER: 304367 CHARLOTTE NC 28289-6508 CHECK DATE: 10/26/16 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 1093 4235000 4349086-00 140.94 BUILDING MATERIAL Voucher No. Warrant No. 367520 Facility Solutions Group Allowed 20 P.O. Box 896508 Charlotte, NC 28289-6508 In Sum of$ $ 140.94 ON ACCOUNT OF APPROPRIATION FOR 109 Monon Center PO#or INVOICE NO. CCT#ITITL AMOUNT Board Members Dept# 1093 434908600 4235000 $ 140.94 1 hereby certify that the attached invoice(s), or bill(s) is (are)true and correct and that the materials or services itemized thereon for which charge is made were ordered and received except October 19, 2016 Signature $ 140.94 Accounts Payable Coordinator Cost distribution ledger classification if Title claim paid motor vehicle highway 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. 367520 Facility Solutions Group Terms P.O. Box 896508 Charlotte, NC 28289-6508 Invoice Invoice Description Date Number (or note attached invoice(s)or bill(s)) PO# Amount 10/18/16 434908600 Replacement Ballast for Pool Lights xx4413 $ 140.94 Total $ 140.94 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 v L n FACILITYSOLUTIONS rou 512-440-7985Inside � �oi_c�e#,�z�3:�a9:o�s=o.��� ales 9715 Kincaid Drive, Suite 2000 Fishers, IN 460 t,-Invoio2 Date—`7 Due Date Terms Pa e 10/18/16``'=11/17/16 net 30 1 Cust## 747431-0002 JJ Ship to: Monon Community Center Placed By Customer P.O.# PO Date 106125 XX-441310/17/16 1195 Central Park Drive West Dawn Koepper On all sums due FSG which have not been paid, Customer agrees to promptly pay a calculated service charge of 1.5%per Carmel, IN 46032 317-573-4026 month (not exceeding the highest amount lawfully allowed by contract in this state). If FSG commences litigation to collect payment of any amounts due, Customer agrees to pay reasonable attornels'fees which maybe due. Carmel Clay Parks & Recreation VIA SHIPPED SHIP# Attn: Accounts Payable 1411 East 116th Street Fqrl T Ir IN 10/18/161 Carmel, IN 46032 AL80 Truck Delivery Only Shipped from: FSG Indianapolis LN PRODUCT AND QUANTITY QUANTITY QUANTITY QTY UNIT PRICE AMOUNT DESCRIPTION ORDERED B.O. SHIPPED U/M PRICE U/M Original OE 4343213-00. Due to a price discrepancy, OERM 4349084-00 and OE 4349086-00 have been entered as a credit/rebill to correct the error. 1 71A6542001 2 0 2 ea 70.47 ea 140.94 71A6542001 1L 1000W MH 480 1 Lines Total Qty Shipped Total 2 Total 140.94 `--ter= .--� -� �.� cT-T r �..m•-. �r^c�.� nvoice.,�Totalr;#USD fi y** NEW.'REMIT TO. Fa ,k r , : t —i NC2 -28s Box8-95ck, S,tyb ,xl bG �—9'-=°65r_0.'. ** Invoice delivery is now available to your email address. It's fast, easy and environmentally responsible. To arrange for invoicing by email to one or more email addresses, email our Customer Support team at creditdept@fsgi.com.