HomeMy WebLinkAbout332263 11/13/18 +or CAq�
CITY OF CARMEL, INDIANA VENDOR: 305700
ONE CIVIC SQUARE TOM WOOD FORD INC CHECK AMOUNT: $****29,566.59*
?� CARMEL, INDIANA 46032 9820 ASSOCIATION CT CHECK NUMBER: 332263
v�-.�_.�, INDPLS IN 46280 CHECK DATE: 11/13/18
ETON
DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION
102 4465001 102001 99903 29,566.59 MORIARITY VEHICLE REP
VOUCHER NO. WARRANT NO. Prescribed by State Board of Accounts City Form No.201 (Rev.1995)
Vendor# 305700 ALLOWED 20 ACCOUNTS PAYABLE VOUCHER
TOM WOOD FORD INC IN SUM OF$ CITY OF CARMEL
9820 ASSOCIATION CT An invoice or 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.
INDPLS, IN 46280
Payee
$29,566.59
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
102001 0 44-650.01 $29,566.59 1 hereby certify that the attached invoice(s),or 11/6/18 0 VIN 3176 $29,566.59
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
Tuesday, November 6,2018
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
120—
Cost
20Cost distribution ledger classification if claim paid motor vehicle highway fund. Clerk-Treasurer
VEFIIGLE ORDER AGKEEMEN
TOM WOOD TOM WOOD FORD, INC, THE INFORMATION YOU SEE ON THE WINDOW FORM FOR THIS
AUTOMOTIVE GROUP ' 3130 EAST 96TH STREET VEHICLE IS PART OF THIS CONTRACT. INFORMATION ON THE
INDIANAPOLIS IN 46240 WINDOW FORM OVERRIDES ANY CONTRARY PROVISIONS IN
THE VEHICLE ORDER AGREEMENT.
DATE 10/31/2018 STOCK# T4409 DEAL# 99903 / 1553
PURCHASER'S NAME CITY of CARMEL EMAIL NONE
PURCHASER'S ADDRESS 2 CIVIC SQUARE CARMEL IN 460322584
(317)571-2500 (317)571-2500
RESIDENCE PHONE BUSINESS PHONE
PLEASE ENTER MY ORDER FOR ONE Yt NEW 0 USED 2018 FORD TRUCK. EXPLORER 0 CAR X#J TRUCK
SERIAL# 1FM5K8D89JGC83175 BODY TYPE 4DR 4WD XLT COLOR WHITE
TO BE DELIVERED ON OR ABOUT 10/31/2018 MILEAGE 146 SALESPERSON GREGORY L MOORE
FILL OUT THIS SECTION IF USED CAR IS TO BE TRADED IN
MAKE OF USED CAR YEAR.. CASH DELIVERED PRICE OF UNIT 29460.34 "
MODEL BODY TYPE ACCESSORIES AND OPTIONS
SERIAL NO.
BALANCED
OWED TO
ADDRESS
AMOUNT GOOD UNTIL PER DIEM
USED CAR ALLOWANCE 7
}
BALANCE OWED ON CAR
NET ALLOWANCE ON USED CAR
INITIAL DOWN PAYMENT -
CASH UPON DELIVERY "
TOTAL CREDIT(A-TRANSFER TO RIGHT COLUMN)
SALESTAX
ELECTRONIC FILIM FEE 15.06
TITLE APPLICATION FEE 1.5.00
TIRE TAX 1.25
' /*� OTHER ITEMS'� - TOTAL SALE �i _ -29460.34
DOCUMENTATION FEE 75.00 TOTAL OTHER FEES(B-TRANSFERRED FROM LEFT COLUMN) 255
.
106
TOTAL OTHER CREDITS(A-TRANSFERRED FROM LEFT COLUMN) l Y✓V :J
LESS REBATES '
BALANCE DUE ON TIME OF SALE 29566.59
TOTAL OTHER FEES(B-TRANSFER TO RIGHT COLUMN) 106,25 BALANCE TO BE FINANCED 2(1566-:59
TRADE-IN CERTIFICATION:
Customer agrees to deliver to Dealer good,clear and marketable title(s)to the trade-in vehicle(s)as part of the consideration for the vehicle ordered at the time of delivery.Customer warrants that the
trade-in vehicle(s) are owned only by customer and are free and clear of all liens and encumbrances except as otherwise stated in writing herein. Customer certifies that the airbags, safety and
emissions equipment in the trade-in vehicle(s)have never been disconnected and are operable.Customer also agrees that the trade-in vehicle(s)has/have never been and is/are not required to be titled in
any state as a defective,rebuilt,salvage,flood,lemon or buy back vehicle and have never been damaged.CUSTOMER AGREES THAT THE TRADE-IN TERMS ON THE BACK OF THIS AGREEMENT
ALSO APPLY.
- DISCLAIMER OF WARRANTIES
Unless Dealer provides Customer with a separate written warranty or service contract made by Dealer on its own behalf,the DEALER HEREBY DISCLAIMS ANY AND ALL WARRANTIES ORAL,
WRITTEN,EXPRESS OR IMPLIED,INCLUDING,BUT NOT LIMITED TO,THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,THE VEHICLE IS
SOLD"AS IS"WITH ALL FAULTS.Dealer further disclaims any and all liability for incidental or consequential damages incurred by Customer,including but not limited to,loss of profit,loss of use or
inconvenience arising out of purchase,lease,operation,failure or use of the vehicle.The manufacturer of the vehicle may provide a warranty for the vehicle.The manufacturer of the vehicle is solely
responsible for such warranty, if any. Dealer expressly disclaims liability arising from such warranty. Dealer also makes no representation or guaranty concerning the availability of any
manufacturer's warranty.The manufacturer's warranty,if any,may not cover parts or accessories installed after manufacture of the vehicle.Dealer also makes no warranty or representation as to any parts
or accessories.CUSTOMER ALSO AGREES WITH THE ADDITIONAL DISCLAIMER OF WARRANTY TERMS ON THE REVERSE SIDE OF THIS VEHICLE AGREEMENT.
AGREEMENT TO ARBITRATE ANY CLAIMS
READ THE FOLLOWING ARBITRATION AGREEMENT CAREFULLY BECAUSE IT LIMITS YOUR RIGHTS,INCLUDING YOUR RIGHT TO MAINTAIN COURTACTION.The parties to this Vehicle Order
Agreement are Dealer and Customer. No third party provider of services(by way of example and not by way of limitation:service contract providers or GAP insurance providers)or assignee of
consumer obligations(by way of example and not by way of limitation:banks,finance companies,or credit unions)is a party to this Vehicle Order Agreement.This agreement to arbitrate is binding only
upon the parties to this Vehicle Order Agreement.Dealer and Customer agree to arbitrate any claim,dispute,or controversy(collectively,"Claims"),including but not limited to all statutory Claims and any
other Claims under state,federal,local laws and/or regulations or common law that may arise out of or are related to the purchase or lease of the vehicle identified in this Vehicle Order Agreement and
the financing or leasing thereof,including the validity of this arbitration agreement.This arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the
Federal Arbitration Act,9 U.S.C.§1,et seq.,as amended,and not by state law regarding arbitration.By agreeing to arbitration,Customer and Dealer understand and agree that they are waiving their
rights to maintain other available resolution processes(such as a court action or administrative proceeding)to settle their disputes.Customer and Dealer also agree to waive any right to pursue any Claims
as a class action(whether as a class member or class representative),either in arbitration or through a lawsuit.There are no limitations on the type of Claims that must be arbitrated except for new car
lemon claims under applicable state law,Claims arising from a dishonored check issued by any party hereto,and/or claims related to or arising from the validity,issuance,existence,form or correctness
of any certificate of title to a motor vehicle.The arbitration shall be conducted in accordance with this arbitration agreement and with the Indiana Rules for Alternative Dispute Resolution(the"Rules')before
a Single arbitrator.If a conflict exists between the terms of this arbitration and the Rules,then this arbitration agreement shall govern.The costs incurred in the arbitration shall be shared as provided by
the Rules.The arbitration shall take place in Indianapolis,Indiana at a mutually agreed upon location.The decision of the arbitrator shall be binding on Customer and Dealer,and may be enforced in any
court of competent jurisdiction.THIS ARBITRATION LIMITS YOUR RIGHT TO MAINTAIN A COURT ACTION,HAVE A JURY TRIAL,OR PURSUE CLASS ACTION CLAIM.PLEASE READ IT CAREFULLY
PRIOR TO SIGNING.
BEFORE SIGNING THIS VEHICLE ORDER AGREEMENT READ ALL TERMS ON THE FRONT AND BACK
This written document and the accompanying written,signed documents,including but not limited to the finance/lease documents,contain the entire agreement of the parties.Customer agrees that this
Vehicle Order Agreement includes all terms on both the front and back of this Agreement.Customer has read,understands and voluntarily agrees to all terms stated herein. Unless specifically
referenced in this agreement,no other agreement or understanding has been made or entered into or will be recognized.The written terms supersede any prior agreement or understanding of
the Dealer and Customer.The rights and obligations of the Customer and Dealer are limited to the written terms on the front and back of this Agreement and the accompanying documents signed
by the parties including,but not limited to,the finance/lease documents,if any.I HAVE READ THE TERMS ON THE FRONT AND BACK OF THIS DOCUMENT AND THE ACCOMPANYING
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o� DEALER TITLE AFFIDAVIT INDIANA SECRETARY OF STATE
=- State Form 46633(R4/6-16) AUTO DEALER SERVICE DIVISION
302 West Washington Street,Room E018
Indianapolis, IN 46204
Fax number:(317)233-1915
E-mail:Dealers0sos.in.gov
INSTRUCTIONS: 1. Complete in blue or black ink or print completed form.
2.4n addition to other statutory requirements,this affidavit must be completed by the dealer and-given to the purchaser of a vehicle
when the certificate of title cannot be delivered at the time of sale.
3. The.original affidavit must be given to the purchaser.A copy of the affidavit must be kept with the deal jacket.
STATE OF INDIANA )
SS:
COUNTY OF NAM T I_.TQN )
I affirm,under the penalties for perjury,that all of the following are true:
(1) That I am a dealer licensed under IC 9-32.
(2) That I cannot deliver a valid certificate of title to the retail purchaser of the vehicle described in paragraph(3)
at.the time of sale of the vehicle to the retail purchaser.The identity of the.previous seller or transferor is
TOM 11000 FoRn. TNC Payoff of lien was made
Name of previous seller/transferor
on - 1,0/31120118 1 expect to deliver a valid and transferable certificate of title not later than
mm/dd/yyyy
12/401 /2!101.8 from the State of to the purchaser.
mm/dd/yyyy
(3) That I will undertake reasonable commercial efforts to produce the valid certificate of title. The vehicle
identification number is 1FM5K8D89JGC83176
Name of dealer
TOM L°tOOD FORD. INC
Signed by Date signed (mm/dd/yyyy)
CUSTOMER ACKNOWLEDGES RECEIPT OF A COPY OF THIS AFFIDAVIT.
n
Signature O customer� Date signed (mm/dd/yyyy)
G/
10/31/201B
NOTICE TO THE CUSTOMER
If you do not receive a valid certificate of title within thirty-one(31)days after the date of sale, you have the right to return the vehicle
N
to the vehicle dealer ten (I0)-days after giving the vehicle dealer written notice demanding delivery of a valid certificate of title within
that ten (10) day period. Upon return of the vehicle to the vehicle dealer in the same or similar condition as it was when it was
delivered to you, The vehicle dealer shall pay you the purchase price plus sales tax, finance expenses, insurance expenses, and
any other amount that you paid to the vehicle dealer.
If a lien is present on the previous owner's certificate of title, it is the responsibility of the third party lien holder to timely deliver the
certificate of the title in.the third party's possession to the dealer,not more than ten (10) business days after there is no obligation
secured by the vehicle. If the dealer's inability to deliver a valid certificate of title to you within the above described ten(10)day period
results from the acts or omissions of a third party who has failed to timely deliver the certificate of title in the third party's possession
to the dealer,the dealer may be entitled to claim against the third party the damages allowed by law.
TOM WOOD CONDITIONAL DELIVERY RECEIPT
AUTOMOTIVE GROUP
ORDERED VEHICLE DESCRIPTION
1FM5K8D89JOC83176
VEHICLE IDENTIFICATION NUMBER
2018 FORD TRUCK EXPLORER 4DR 4WD XLT T4409
YEAR MAKE MODEL BODY STYLE STOCK NUMBER
CITY OF CARVIEL 2 CIVIC SQUARE
BUYER STREET
CARMEL IN 46032258410/31/18
CITY STATE ZIP DATE
CO-BUYER STREET
CITY STATE ZIP DATE
The undersigned(hereinafter referred to as"Customer")hereby acknowledges that(he)(she)(they)has(have)entered into a vehicle order agreement(hereinafter referred to as the"Order")affecting
the above-described automobile.
Customer acknowledges and agrees that Customer shall have no right to the vehicle until Dealer has been paid in full for the vehicle.Customer agrees to pay the balance of the price in accordance with
the terms of the Order and agrees to accept delivery of the vehicle within 48 hours after Customer has been notified that it is ready.In the event Customer fails to pay and take delivery when notified,
Customer's deposit may be retained by Dealer to offset Dealer's damages and expenses and reimburse Dealer for its efforts in the matter;and,Dealer may,in its sole discretion,dispose of the
vehicle without any liability to Customer whatsoever.In the event it becomes necessary for Dealer to collect the balance due,Customer will be responsible for all costs of collection including reasonable
attorney fees.it is expressly agreed that Customer acquires no right,title or interest in or to the vehicle until the vehicle is delivered to Customer and the full purchase price is"paid in full"by Customer,
by Customer's representative or by a lending or leasing company to Dealer. The purchase price is not"paid in full"until the Dealer has cash not subject to another's interest-i.e.,checks presented to
Dealer as payment but returned to dealer for non-sufficient finds or any other reason,shall not constitute"paid in frill."
Customer acknowledges that in the event his/her purchase is being financed/leased by the Dealer,such financing/leasing is conditioned upon a third-party lender/lessor purchasing and accepting assignment
of the finance/lease contract.Customer agrees that Dealer will not be"paid in full"until the third-party,lender/lessor has approved the finance/lease contract,accepted assignment thereof,and paid Dealer'
therefore;and until such approval,acceptance,and payment,Dealer is not required to deliver the vehicle.As a convenience to Customer,Dealer may deliver the vehicle to Customer prior to 48al
approval,acceptance and payment of the finance/lease contract and"paid in full"status.During this time,Customer agrees to be responsible and liable for any damage to the vehicle caused in any
manner.Customer agrees to maintain at all times physical damage liability insurance,all at the expense of Customer.
Customer acknowledges that at the time the Order is executed,Customer is contractually obligated to pay or otherwise provide the consideration agreed on.Customer further acknowledges that even if
Customer's finance/lease contract is not approved,assigned and accepted by the lender/lessor,Customer is still contractually obligated to pay or otherwise provide the consideration agreed on unless and
until the Order is rescinded,cancelled or revoked by Dealer.
in the event Customer's finance/lease contract is not approved,assigned and accepted by the lender/lessor or Dealer is not"paid in full"for any reason,Customer agrees,at Dealer's sole option and
demand,to:(a)return the vehicle to Dealer;or(b)pay Dealer the full purchase price as reflected in the Order.Dealer's decision to demand return of the vehicle or payment of the purchase price shall
not in any way limit the remedies available to Dealer.Dealer's demand may be made orally or in writing mailed to the address shown on the Order.
If the finance/lease contract is not approved,assigned and accepted by a lender/lessor due to any error contained therein,including but not limited to mathematical,arithmetic,and/or typographical errors,
or because lendor/lessor requires proof of income,residence,or any other information,whether or not the fault of Dealer in drafting the contract or not collecting the information,Customer agrees to
execute corrected documents and/or provide additional information within seventy-two(72)hours of notification by Dealer.Failure or refusal by Customer to do so entitles Dealer to obtain a court order
requiring Customer to execute corrected documents.
Failure of Customer to return the vehicle or to pay the full purchase price within 24 hours of demand by Dealer will render Customer liable for all forms of damages to Dealer(including,but not limited
to,any depreciation occurring to the vehicle during Customer's use,attorneys'fees,costs,and other expenses incurred by Dealer,including commissions due salespeople and managers as if Customer
paid Dealer as agreed).Customer agrees that any deposit or dowry payment shall be kept by Dealer to offset its damages.
If the Order includes a trade-in vehicle(s),Dealer may keep and sell the trade-in to compensate Dealer for any damages incurred,or,in.the sole discretion of Dealer,may either return the vehicle to
Customer or reimburse Customer the actual cash value of the vehicle as determined by the Dealer.The actual cash value does not equal and may be significantly less than the trade-in allowance
reflected on the Order.Dealer reserves the right to retain and resell the trade-in vehicle(s)in its sole discretion.Dealer's right to rescind,cancel or revoke this Agreement does not provide Customer
the right to return of the trade-in vehicle(s)or the trade-in allowance.Upon cancellation,revocation or rescission,Customer agrees to immediately return to Dealer the above-described vehicle in the same
condition as when sold.If damaged in any way,Customer agrees to pay Dealer the-value of all repairs required and all other losses or damages.
If Dealer has paid any indebtedness owed by Customer on the trade-in,and Dealer elects to return the trade-in pursuant to the Order or this Agreement,Customer must pay to Dealer,in addition to any
other sumowed hereunder,the amount of the payoff(s)made by Dealer on said trade-in before it will be returned to Customer.If Customer does not pay Dealer the amount of the payoff(s),Customer
agrees to pay to Dealer the difference,if any,of the payoff(s)made on the trade-in by Dealer and the net amount realized by Dealer upon selling said trade-in(said net amount to be computed by
subtracting all expenses of sale incurred by Dealer from the price obtained by Dealer for the trade-in).
Customer agrees to waive any and all claims and/or interests Customer has or may have,in law or in equity,to ownership and/or title to the trade-in,and Customer will execute any documents necessary
to effectuate said waiver.Failure or refusal by Customer to-do so entitles Dealer-to obtain a court order requiring Customer to execute those documents. _
If Dealer cancels,rescinds or revokes the Order and this Agreement,Customer agrees to pay a reasonable usage fee,per the following chart,for each day that Customer has the vehicle.In addition,
Customer agrees that Dealer shall have no obligation to deliver title to the ordered vehicle until all consideration has been paid or provided to Dealer.
Purchase price as reflected on Order before Reasonable per day vehicle usage fee:
trade allowance,discounts,or down payments:
Up to$7,500 $25.00 per day
$7,501 to$12,500 $50.00 per day
$12,501 to$20,000 $75.00 per day
$20,001 to$40,000 $100.00 per day
$40,001 to$75,000 $250.00 per day
$75,001 and Up $500.00 per day
Should Dealer be required toe #orae any its rights under the Order and/or this Agreement,Customer shall be liable for all expenses,costs,and/or damages of Dealer,including reasonable attorney
fees and other costs.
o
Buyer's Sign ure Co-Buyer's Signature
CITY OF CARMEL
Buyer's Printed Name Co-Buyer's Printed Name