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Home My WebLink About315784 9/6/2017 CITY OF CARMEL, INDIANA VENDOR: 00352976 �'• CHECK AMOUNT: $*******355.35" 4 ONE CIVIC SQUARE OTC BRANDS, INC +� CARMEL, INDIANA 46032 PO BOX 14502 CHECK NUMBER: 315784 DES MOINES IA 50306 CHECK DATE: 09/06/17 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 1401 4355100 684699275-01 355.35 PROMOTIONAL FUNDS VOUCHER _WARRANT NO. ALLOWED 20 CZuIlIg OFC 64A9QD6 IN SUM OF $ PO BOX 14502 DPS Mainesr IA 50306 $ 355.35 ON ACCOUNT OF APPROPRIATION FOR COUNCIL Board Members PO#or INVOICE NO. ACCT#/TITLE AMOUNT I hereby certify that the attached invoice(s), DEPT.# or bill(s) is (are) true and correct and that AAnj 684699275-01 43-551-00 35 the materials or services itemized thereon for which charge is made were ordered and received except 20 Si ure Titl Cost distribution ledger classification if claim paid motor vehicle highway fund To: Fax: 13175712409 From:Invoice Reprint Date:08/31/17 11:09AM Page 1 of 2 nta�T�'ad�1�►. eMindWare. 00120 Invoice#: 6W99275-01 ** IRYpRI ** Date: 7/13/2017 NfHERRMANN 1 SOLD TO: Submitted To SH P TO: CITY OF CARMEL. SEP 0 6 2017 CITY OF CARMEL, 1 CMC SQ 1 CMC SQUARE CARMEL, IN 46032 CARMEL, IN 46032 Clark Treasurer lrase;Orciex lumber '! ate Ordered :' to Shipped ack frders Terms.. 7t 7/ 3 0 71ST 34 DAYS Service epresen#ative N11mt1err of Oartam W pht S1ltpped V>a Regi Nsa<�4x prier Qes; Spilt t�t7 ...... pxtan unix Rxtae 8zx Asse+tn€ IN-3/9079 IPC 1... PRESERVATION HALL TRUMPET PLAYER STAND 17.99 IN-3/9078 1 PC 1 PRESERVATION HALL BASS PLAYER STANDUP 17.99 17.99 IN-31/295 IPC 1 MARDI GRAS MASK STANDUP 26.99 26.99 IN-31/226 IPC 1 JESTER STANDUP 26.99 26.99 IN-13720405 1 ST 1 BEADS GALORE BACKDROP BANNER 17.99 17.99 IN-31/274 4 UN 4 250PC MARDI GRAS ASST 48.99 195.96 IN-14/278 1 PC 1 WHITE LACE PARASOL 8.99 8.99 IN-13731217 I PC 1 BLACK LACE PARASOL 8.99 8.99 IN-31/234 1 DZ 1 TWO TONE MARDI GRAS FEATHER HALF MASKS 11.99 11.99 IN-13629544 1 DZ 1 MARDI GRAS COSTUME STICK PROPS 7.49 7.49 IN-31/196 2 PC 2 MARDI GRAS SEQUIN JESTER HAT 6.99 13.98 IN-31/248 12 DZ OUT MARDI GRAS CROCODILE VINYL 6.49 OUT AO-13794555 1 PC 1 OTC MAIN 3 DROP 1 #4460A CATALOG Call to speak to a customer service representative: 1-800-228-0475 Merctiandise :' Shipping&13andting Sales ax Total Amount CertCEcalelOfher Payments 13alance77777 ue 355. 5 355.315 355:35' See Important Sales Tax Information Regarding the Tax You May Owe Directly to Your State on the Reverse Hereof vv PLEASE DETACH AND RETURN WITH REMITTANCE vv To: Fax: 13175712409 From:Invoice Reprint Date:08/31/17 11:09AM Page 2 of 2 TERMS Awn CONDMONS 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 is wrifing and signed by both parties,shipping dates are approximate and that time is not of the essence. All orders by Buyer eonstimte offers to purchase which are subject to acceptance or rejection by Seller in Omaha;Neh.ska and way mnhact for the sale of goods by Seller is Formed and performed in Nebraska. Seller's aecel4anee of ury order Fpm Rsryer i e eeprecdy emrditianS espmn Bhaya's assent to the teras and conditions set fords herein and Sella expressly liauits its acceptance of Buyer's order 10 such ternms and conditions and any additional or different ferns proposed by Bever;whether Oral,written or electronic are expressly rejected.Nota•ithstamding sen•other quoted delivery time;Sella shall ship merchandise ordered by Boyer within 180 days or cancel the order for such merchandise.Unless and until Buyer cancels au order;Buyer consents to the backorder or delay in shipping of merchandise ofup to 180 days. If an item is backordered,Buyer may cancel such ordrrat any time by proyidmg notice of cancelatioo to Seller- 2. Payment Tams. Payment Arms shall be governed by the terms on the face of this order or invoice and the credit tams 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%percent per month or the wariomen rale p-mitted by Ism,adaich".is leu;and Bayer Shall pay d1 Sell..s cods of edleetiep of pad due amounts,including but not limited to attorney fees wad court costs. If credit terms ate extended to Buyer;Buyer hereby grants a security interest In the merchandise purchased by Beyer and all proceeds from the sale or disposition of such merchandise and appoints Selleras Buyer's atlomey-in-faol to exegete en Buy.'.but"any Usutenu Couuaseroial Code tivancing statements 9s11er deans rag bly men....y to pertad SeBer'a seossity i.st..1.Buyer agrees to pay$30.00 per check an all retained of insufficient funds checks.Seller agrees and acknowledges that Buyer tenders payment for each order and Seller is authorized to charge Buyers credit card or other charge account(whether Seller or a third party is Tse 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 ofskipping and handling charges;for any merchandise which is defective in workmanship or material and for which Buyer makes a claim a ihin free(5)days after receipt of the merchandise- When making such a claim Boyer must submit both the original pocking slip and the.defective merchandise itself(or a sample thereof);unless Mese conditions are waived by Seller in%N riling. This paragraph constitutes Sella's sale abli;ation as to the umcl uadise,and the Buyer adm.vAadger that tris pnagrgsh..is forth Buyer,-desivc raahedy for spy b..ads of iiia—y u.sit-duty rdaled it 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 Bever banns all risk of loss from the time the merchandise is loaded onto common carries to be shipped to Bever,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 ATY MERCHANDISE,OR ARISING BY CUSTOM OR TRADE USAGE AND, SPECIFICALLY; MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES, CONDIIIONS, 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 15 ADVISED OF IBE POSSI31M OF THE SAME IN ADVANCE SELLEWS AGOREOATE LIABILITY IS LIMITED TO THE AMOUNT ACTUALLY PAID BY BUYER_ 3. 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 p—ible,but makes na w astantles a represenlatian5 Iha1(a)the content,including product descriptions,prices and depictions,are accurate;complete;reliable,current oreaor-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 [Iability wah...pceltm shy of she forgoing.If aproduct pu•dused i.nil as it...►cd or ecpested,Ewer's sols remedy is to veteran it in unused condition. 5. Nonwaiver of Defoults. Each shipment made under any order shall be treated as a separate transaction;but in the event of any default by Bever,Seller may decline to make further shipments without in any way affecting Sella's rights usdn'such ea'der. If,despite a default by Buyer,Seller deet,to continue to snake shipments,or accept further orders from Buyer,such action(s)shall not constitute a waiver of any defwlt by Buyer,min any wev affect Shcer',Irgnl or cquitablc rcnscdicr for my reoh default,or of am•drfmdt t inn-prim a'ndesequsnt tions. Any rcfmad,credit,gift certificate or discount due Buyer may be offset against amounts owed to Seller. 6. Disoute 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 Sella me 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 competenijurisdiction 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 MY class action or class arbitration and the right to commence or participate in any class proceedings is specifically waived by Buyer. 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 Buy.I.. by gats to Sella the mus-exclusive right and license louse such Marks on the products and to cause the products lobe produced w ith the Marks.Borer further grants permission ..it wnceuu to Seller's sue of a pllotogrnph or other likeness sf the finished products for purposes of ndwrticing ar promacting Seller's business relating to such personalization prodoctim work and merchandise sales. Seller shall have no right,title or other interest in the Marks except as expressly granted herein. Buyer represents and w arrants that it owns the Marks and is authorized to license the .'darks to Seller.Bever agrees to ledemaify and hold harmless Serle from may loss;liability;damage;claims,demands;actions;costs or expense of any nature(including aitamey fees)arising out of or in any Sumer cosmseted with Buyea's or Scllef 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 prrnide Seller with written notice prime to placing any order if Buyer intends to distribute any product into the state of California and acknowledges and agrees that any such distribution ofproduct into the state of California may require appropriate Proposition 65(Title l2 ofthe California Code ofRegplations)warning labels. If Beyer fails to provide such notice or fails to protide appropriate Proposition 65 warnings and distributes any product into the state of California,Bever 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;ifBuyer intends to resell;distribute cr export any product;Buyer agrees to bear all responsibility for compliance with the Imvs,miles and regulations of he 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 SFY.LER WITH BUYER'S EMAIL ADDRESS OR TELEPHONE NUMBER,SENDS SELLER EMAILS OR VISITS THE SELLER'S WP.BSM..OR SOMALMEDIA CHANNELS,BUYER IS COMMUNTCATING 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 WEBSHE. 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. 9. International Trade.If Buyer is purchasing merchandise for delivery or importation to a counts'other than the UniW States;Bever is solely responsible for and will comply with all applicable laws,rules;regulations,and Irealles of the United States and the jurisdiction of the destination of the merchandise in connection with the transportation;exportation,importation,deliverv,distribution and resale of the merchandise.Buyer is also solely responsible for and shall obtain all certifications;declarations,aeereditalions,registrations,tests,licenses;pewits;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:in assessments auoei.led with the transportation,exportation;and importation of the merchandise.Seller makes no reprcsentalions orw aunties u ithrespeet to the foregoing or that he merchandise is suitable for or will comply with applicable laws of any jurisdiction. 10. Miscellaneous. No amendment;modification or addition to these terms and conditions shat be binding unless expressly agreed loin writing and signed by Seller These terms and conditions shall be binding opon Buyer;its permitted successor and assigns,and shat roux to the benefit of Seller. Amy waiver by Seller ofany part herein shall mot constitute a waiver of any other part. These terms and conditions shall be construed under and governed by the substantive laws and not the choice of law roles of the state ofNebmska. Buyer consents to and agrees that any state or federal court I.Douglas C.moty,Nebraska shall lux—personal and subject matlajurisdiction over Boyer and this Agreement;that Nebraska has themost significant contacts with this Agreement to the exclusion of any other state,and that any legal dispute brought by either Beyer or Seller relating to this Agreement will be instituted in Douglas County,Nebraska pursuant to section 6 above. Buyer expressly, concent,and agrees to receive communications regarding any order or transaction from Sellerbv electronic mail and faccisnile. Important Sales Tax Information Re¢ardinQ the Tax You May Owe Directly to Your State We do not collect sales tax in states other than Minnesota.Nebraska and South Carolina.Your purchase for delivery in other states is subject to sales and use tax in those states unless it is specifically exempt and is not exempt merely because it is mode—the Internet,by catalog or other ranole means.Those states require that purchasers file the appropriate tax foxes..mostly;report all taxable purchases thatw•ere not taxed and pay the tax on those purchases. Rev.3-21.17 Tradiv. sittottial 0 CustornFun365 • Learn365 Mind Ware Marry Me W 0 0 0 N O O A V G7BOP100200147 -808015 8/25/17 CITY OF CARMEL GRACE RAVENNA 1 CIVIC SQ CARMEL, IN 46032-2584 II��I�II�I��IIII�II�I�II�IIIIIII�II��I�I�I�I��II��III�II1�1�11�� RE: Account# 66355997 Balance Due :$355.35 Invoice(s) : 684699275-01 Dear Customer: The payment on the above mentioned has not been received. Please remit these funds today so your account can be brought current. Please mail payment to PO Box 14502 Des Moines, IA 50306. If you have any questions or problems, please call today. OTC Brands, Inc. 800-228-1685 orientaltrading.com -800-228-2269 1 mindware.com - 800-999-0398