HomeMy WebLinkAbout304598 10/31/16 `% ���• CITY OF CARMEL, INDIANA VENDOR: 358710
it ONE CIVIC SQUARE H D SUPPLY WATERWORKS LTD CHECK AMOUNT: $*******299.52*
r ?� CARMEL, INDIANA 46032 P 0 BOX 28330 CHECK NUMBER: 304598
ST LOUIS MO 63146 CHECK DATE: 10/31/18
DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION
601 5023990 G218819 299.52 OTHER EXPENSES
VOUCHER # 162966 WARRANT# ALLOWED
350591 IN SUM OF $
HD SUPPLY WATERWORKS
PO BOX 28330
St LOUIS, MO 63146
Carmel Water Utility
ON ACCOUNT OF APPROPRIATION FOR
Board members
PO# INV# ACCT# AMOUNT Audit Trail Code
G218819 01-6200-06 299.52
Voucher Total 299.52
Cost distribution ledger classification if
claim paid under vehicle highway fund
Prescribed by State Board of Accounts City Form No.201 (Rev 1995)
ACCOUNTS PAYABLE VOUCHER
CITY OF CARMEL
An invoice or bill to be properly itemized must show, kind of service,where
performed, dates of service rendered, by whom, rates per day, number of units,
price per unit, etc.
Payee
350591
HD SUPPLY WATERWORKS Purchase Order No.
PO BOX 28330 Terms
St LOUIS, MO 63146 Due Date 10/6/2016
Invoice Invoice Description
Date Number (or note attached invoice(s) or bill(s)) Amount
10/6/2016 G218819 299.52
I hereby certify that the attached invoice(s), or bill(s) is(are)true and
correct and I have audited same in accordance with IC 5-11-10-1.6
Date Officer
HODSUPPLY
S
INDIANAPOLIS 1 A9VAPOL I S W T ,. FILLED BY:
o WATERWORKS .
Branch - 430
1680 Expo Laura Local Knowledge ;. . CHECKED BY: .
D Indianapolis I N 46214 Local Experience .
Local Service,Nationwidea REVIEWED BY:
B PHONE # 317 271 1463 RECEIVED BY:
Y r SIGNATURE ' 2
PRINT NAME
HERE: G Gf� !/ G � c,9
r'
09/30/2016 04:03 PM PAGE 1 PICK TICKET 6218819 LARRY !SAIRbIAN - 4304 -
02.{231 ENTERED,BY:
S S SPECIAL INSTRUCTIONS/COMMENTS
O CARMEL UTILITIES FiCAR9�REL UTILITIES DELIVEi;.ON. NLXT TRUCK IN CARMEL AREA.
L 3450 W 1318T ST 3450 W 131ST STREET. THANKS
D CARMEL IN P CARMEL IN
46074 46074
T T.
O CUS Phil 317 73* 2855 0
RANCH DATE ORDERED DATE SH PPED PURCHASE ORDER NO. JOB NAME JOB NUMBER BILL OF LADING NO. SHIPPED VIA SALESME
NO... i TRUCK PICK UP DIRECT SHIPPED
430. 9/30/16. JACK MARKING, PAINT 3I i' 1.52
WWI ONE PRODUCT CODE DESCRIPTION IQTY ORDFREI 0 BAtK ORDERED UNIT PRICE PER AMOUNT
W26 003 041 96PA I NT 178 17 OZ BLUE MARKING PA I NT 96 , :' �96 .-� EA
WEIGHT: 1.0625 1b
OTAL [4E I GHT: 104.00 t
END OF ODDER
MERCHANDISE,SUBYOTAL I TAX TAX AMOUNTDELIVERY HANE IG RESTOCKINC • TOTAL SALE
NOTICE: THE TERMS AND CONDITIONS ON THE,
REVERSE SIDE OFTHIS FORM ARE AGREED TO: i��illl �I ����� �� �� ����I ��f � ����� � � � ��.�� � �� OOPYe
TERMS AND CONDITIONS OF SALE("Terms")
1.All references in this document to'Seller'shall include HD Supply, Inc. and!or any parent,subsidiary or affiliate of HD Supply,,Inc, (including any division of the foregoing)whether or not performing any or ail.of'the.scope
hereunder or specifically identified herein.All references to"Buyer"shall include all parent(s),subsidiaries and affiliates of the entity placing the order.Buyer and Seller may be.referred to individually as a"Partys and.collgctively as "
"Parties". . .... ..
2.All sales to Buyer are'subject'to these Terms,which shall'prevail over any inconsistent terms of Buyer's purchase order or other documents.Additional or different terms and conditions in any way altering or modifying these Terms
are expressly objected to and shall not be binding upon Seller unless specifically accepted in writing by Seller's authorized representative. No modification or alteration of these Terms shall result by-Seller's shipment of goods or
provision of services(such goods and services hereinafter collectively"Goods")following receipt of Buyer's purchase order,or other documents containing additional,conflicting or inconsistent.terms.There are no-terms conditions,... _-
understandings,or-agreements other than those stated herein,-and all prior proposals and negotiations are merged herein.These Terms are binding-on the Parties,their successors,and permitted assigns.
3.Prices on Seller website,catalbgs or in'Seiler quotes are subject to change without notice;and all such prices expire and become invalid if not accepted within 10 calendar day.'from the date of issue,unless'othenwise noted 6y
Seller in writing.Price extensions if made are for Buyer's convenience only,and they,as well as any mathematical,stenographic or clerical errors,are not binding on Seller. Prices shown do not include any sales,excise,or other
governmental tax or charge payable by Seller to any federal,state or local authority.Any taxes now or hereafter imposed upon sales or shipments will be added to th'e purchase price,and Buyer shall reimburse Seller for any'such tax
or provide Seller with an acceptable tax exemption certificate.All prices and other terms provided to Buyer shall be kept confidential except to the extent a'Party is required by law to disclose the same.
4.Seller shall not be liable for delay or default in delivery resulting fromany cause beyond Seller's reasonable control,including,but not limited to,governmental action,strikes or other labor troubles,fire,damage or destruction of
Goods,wars(declared or undeclared),acts of terrorism,manufacturers'shortages,availability or timeliness of transportation,materials;fuels,or supplies,,and acts of God(each a"Force Majeure Event").Upon the occurrence of a t ul
Force Majeure Event: (a)the time for Sellers performance shall be extended reasonably and the Parties shall adjust all affected dates accordingly;(b)the purchase price shall be adjusted for any increased costs'to Seller resulting
from such Force Majeure Event;_and(c)Buyer shall not be entitled to any other remedy:
5.Seller is a reseller of Goods only,and as such does not provide any warranty for the Goods it supplies hereunder.Notwithstanding this As-Is limitation,'Seller shall pass through to Buyer any transferable manufacturer's standard
warranties with respect to Goods purchased hereunder.BUYER AND PERSONS CLAIMING THROUGH BUYER SHALL SEEK RECOURSE EXCLUSIVELY FROM MANUFACTURERS IN CONNECTION WITH ANY DEFECTS IN
OR FAILURES'OF'GOODS,'AND THIS SHALL BE THE EXCLUSIVE RECOURSE OF BUYER AND PERSONS CLAIMING THROUGH BUYER FOR DEFECTIVE GOODS,-WHETHER THE CLAIM OF BUYER OR THE PERSON -
CLAIMING THROUGH BUYER SHALL SOUND IN CONTRACT,TORT,STRICT LIABILITY,PURSUANT TO STATUTE,OR FOR-NEGLIGENCE.. BUYER SHALL'PASS THESE TERMS;TO-SUBSEQUENT BUYERS.AND USERS
OF GOODS. SELLER EXCLUDES AND DISCLAIMS ALL OTHER EXPRESS ANIJ IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FORA
PARTICULAR PURPOSE,SELLER ASSUMES NO RESPONSIBILITY WHATSOEVER FOR SELLER'S INTERPRETATION OF PLANS OR SPECIFICATIONS PROVIDED BY BUYER,AND BUYER'S ACCEPTANCE AND USE OF
GOODS SUPPLIED HEREUNDER SHALL BE PREMISED ON FINAL APPROVAL BY BUYER OR BY BUYER'S RELIANCE ON ARCHITECTS, ENGINEERS, OR OTHER THIRD PARTIES RATHER THAN ON SELLER'S
INTERPRETATION. TO-THE EXTENT NOT-PROHIBITED BY APPLICABLE-LAW, IN NO EVENT,WHETHER IN CONTRACT,WARRANTY, INDEMNITY,TORT(INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE),STRICT-
_, LIABILITY.OR OTHERWISE,ARISING 61RECTLY OR INDIRECTLY OUT OF THE PERFORMANCE OR-BREACH OF THESE TERMS;SHALL SELLER BE LIABLE FOR(a),ANY INCIDENTAL, INDIRECT,PUNITIVE;,SPECIALi, "
CONSEQUENTIAL OR SIMILAR DAMAGES SUCH AS LOSS OF USE,LOST PROFITS,ATTORNEYS'FEES OR DELAY DAMAGES,EVEN IF SUCH DAMAGES WERE FORESEEABLE OR,CAUSED BY SELLER'S'.BREACH OF
THIS AGREEMENT,(b)ANY.CLAIM THAT PROPERLY IS A CLAIM AGAINST THE MANUFACTURER,OR(c)ANY AMOUNT EXCEEDING THE AMOUNT PAID TO SELLER FOR GOODS FURNISHED TO BUYER,WHICH ARE
THE SUBJECT OF SUCH CLAIM(S).ALL CLAIMS MUST BE BROUGHT WITHIN ONE YEAR OF ACCRUAL OF A CAUSE OF ACTION.
6.Buyer shall indemnify,defend,and hold Seller its officers,directors, employees and agents harmless from any and all costs(including attorneys'and accountants'fees and-expenses), liabilities and damages resulting from or
related to any third"party(including Buyer's employees)claim,complaint and/or judgment arising from Buyer's use of any Goods furnished hereunder,as well as'any negligent,intentional,or tortious act or,omission..of;Buyer or any
material breach by Buyer of these Terms.
7.When Goods are'delivered to Buyer in Seller's own vehicles,the F.O.B.point shall be Buyer's designated delivery site, In all other cases the F.O.B.point shall be Seller's store or warehouse and all responsibility and costs of
shipping and delivery beyond the applicable F.O.B.point shall be borne by Buyer.Title and risk of loss shall pass to Buyer at the applicable F.O.B.point,which for Goods not delivered in Seller's own vehicles shall be when Seller
delivers the Goods to the common carrier.All claims for shortage of Goods or for loss or damage to Goods as to which Seller has the risk of loss shall be waived unless Buyer,within 10 calendar days after receipt of the short or
damaged shipment,•gives Seller written notice fully describing the alleged shortage or damage.Partial shipments are permitted at Sellers discretion.
8.Any change in product specifications,quantities,destinations,shipping schedules,or any other aspect of the scope of Goods must be agreed to in writing by Seller,and may result in a price and delivery adjustment by.Seller.No
credit for Goods returned by Buyer shall be given without Sellers written authorization.All returns are subject to a restocking charge.
9.Unless otherwise agreed in writing,payment terms are net 30 days from delivery,payable in United States of America("U.S.")dollars.Notwithstanding the foregoing,all orders are subject to Seller's continuing approval of Buyer's
credit. If Buyer's credit is not approved or becomes unsatisfactory to Seller then Seller,in its sole discretion,may suspend or cancel performance,or require different payment terms,including but not limited to cash on;delivery or in
advance of shipment.In addition,Seller may in its discretion require an advance deposit of up to 100%of Seller's selling price for any specially manufactured Goods ordered by Buyer hereunder.Payments due hereunder shall be
made in the form of cash,check,or money order,or other tender approved in writing by,Seller.Seller may,in its sole discretion,apply,Buyer's payment against any open charges.Past due accounts bear interest at the lesser of 1.5%
per month or the maximum rate permitted by applicable law,continuing after Seller obtains judgment against Buyer.Seller may exercise setoff or recoupment to apply to or satisfy Buyer's outstanding debt.Buyer shall have no right of
setoff hereunder,the same being expressly waived hereby. Seller expressly reserves its right to file liens if payment is not received for its materials and expressly disclaims any waiver of lien rights language which maybe contained
in any future agreements between the Parties hereto. Seller reserves all rights to invoice and be paid for materials provided to Buyer and any terms contained in any.of Buyer's purchase orders or other documents that purport to limit
in any way the time or manner within which Seller may invoice are hereby waived by Buyer. ;
10. Buyer shall not export or re-export;directly or indirectly,all or any part of the Goods or related technology obtajned from Seller under these Terms except'in accordance with applicable export laws and regulations of the U.S.
Further,a Buyer that is a non-U.S.company or citizen shall similarly limit any export.or re-export activity to that which,,would be deemed compliant with U.S.expbrt.laws and regulations if performed by a U.S.company or'citizen.
11.Buyer shall pay'Seller all costs and expenses of collection,suit,or other legal action brought as a;result of the commercial relationship between them, including,but not limited to,all actual attorneys'and paralegals'fees,and
collection costs,incurred pre-suit,through trial,on appeal,and in any administrative or bankruptcy proceedings. Any cause of'act'ibn that Seiler has against Buyer may be assigned without Buyer's consent to HD Supply,.Inc.or to any
affiliate,parent or subsidiary of HD Supply,Inc. -
12.This Agreement, Buyer's account, and the business relationship between Buyer and Seller shall be governed by and construed in accordance with the laws of Georgia without regard to conflicts of laws rules,and specifically
excluding the UN Convention on Contracts for the International Sale of Goods.The Parties agree that any legal action arising under or related to this Agreement shall be brought in Cobb County,Georgia,and any right to object to
such venue or to assert the inconvenience of such forum is hereby waived.
13.If Buyer fails to comply with these Terms,Seller may terminate or restrict any order immediately upon notice to Buyer.Buyer certifies that it is solvent and that it will advise Seller immediately if it becomes insolvent.Buyer agrees
to send Seller written notice of any changes in the form of ownership of Buyer's business within 5 days of such changes.Buyer and Seller are the only intended beneficiaries of this document,and there are no third party beneficiaries.
14.The invalidity or unenforceabilityof all or part of these•Terms will not affect the validity or enforceability of the other terms.The parties agree to;-replace any'void or unenforceable Perm'with a new term that achieves_substantially.,
the same practical and economic effect and is valid and enforceable. '
15.The following provisions shall survive termination,cancellation and-completed performance of-this Agreement as long as necessary to allow the aggrieved party to fully-enforce such clauses:5,.6,9,1.0,1.1 and 12.
HD-Supply Terms,and Conditions of Sale-Rev A0115
' Thank you for the opportunity•to serve youl We appreciate your prompt payment.
D e%"°Ordered Dater Shipped Cils.tomer-P0 # Job: Name '• Joh #' '. Bi11 of`.T;adiiig-'Shipped Via: �•°
9/30/16 10/03/16 JACK MARKING PAINT .OUR TRUCK G218819#
, Product Code : Lir _Description Ordered. Shipped B/0 Price IJM Extended Price -
a- �;a €, s � �:�,` ,, '�`;�arm", a•;.•' ... , ._ ��.�.xti„r,.' «. _ .: ,. � a ,� .:,..�.;,,,,.x F„3�kxr:.�»x•�`��.�,.._„_��'�'��a��?''�''�'�•Ea�..�s :.i': .ta� � ^"w� � a�'''s
96PAINT17B 17 OZ BLUE MARKING PAINT 96 96 3.12000 EA 299.52
1241
MUST BE KRYLON
-05
Freight Deli�rery Handling Restock Mzsct Subtotal
0
Other
Tax:.
.00
X
�POrt{6r6d By :JACK X13 s { anYCjGe'
This transaction is governed by and subject to ED Supply Waterworks' standard terms and conditions, which are incorporated by reference and accepts
To review these terms and conditions, please visit: www.waterworks.hdsupply.com/TandC.
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D�nc. 7