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182770 03/03/2010 CITY OF CARMEL, INDIANA VENDOR: 359584 Page 1 of 1 0 ONE CIVIC SQUARE BRENNTAG MID SOUTH INC CHECK AMOUNT: $1,835.00 CARMEL, INDIANA 46432 3796 RELIABLE PARKWAY M CHICAGO IL 60686 CHECK NUMBER: 182770 CHECK DATE: 313/2010 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 601 5023990 W09135 1,835.00 FLUORIDE 4 Brenntag Mid- South, Inc BRENNTAG 1405 Highway 136 W P.O. BOX 20' Henderson, Kentucky 42419 -0020 INVOICE BMS783478 INV DATE: 2/08/10 PAGE 1 OF 1 DUE DATE: 3/10/10 SOLD TO: SHIP TO: CITY OF CARMEL UTILITIES CARMEL WATER, PLANT 5 3450 WEST 131ST STREET j-, 5484 E. 126TH STREET WESTFIELD IN 46074 CARMEL IN 46032 W� FEDERAL ID 610504545 DATE SHIPPED: 2/08/10 TERMS NET 30 DAYS B/L 43031 -0 0 SHIP W_H 29 SALESPRS 2 94_____ CUSTOMER f 407542 SHIP VIA: OUR TRUCK PKG CUSTOMER PO VERBAL FOB DELIVERED TAX EX# 356000972 -001 -9 UNITS SHIPPED PROD WGT /GAL TOTAL QTY UNIT PRICE EXTENDED 40.0000 805002 1.000 2000.00004 .9050 1,810.00 50.0000 BAG SOD FLUORIDE GRAN >A F/S QUESTIONS, CALL 317- 898 -8632 REMIT TO ADDRESS: BRENNTAG MID SOUTH, INC 3796 RELIABLE PARKWAY CHICAGO IL 60686 -0037 MERCHANDISE 1,810.00 INS SEC SURCHARGE 25.00 PAID ON OR PRIOR TO 3/10/10 INVOICE TOTAL 1,835.00 PAID AFTER 3/10/10 INVOICE TOTAL 1,871.70 Original Document Atlanta, GA Columbus, OH Indianapolis, IN Miami, FL St. Louis, MO Bartonvilie, IL Georgetown, KY Kansas City, MO Nitro, WV Tampa, FL CAjvprt City., KY Greeneville, TN Kennesaw, GA Orlando, FL Terre Haute, IN Chattanooga, TN Henderson, KY Louisville, KY Springfield, MO Valdosta -GA Clearwater, FL Huntsville, AL Memphis, TN St. Albans, WV ALL SALES SUBJECT TO AND GOVERNED BY THE TERMS AND CONDITIONS SET FORTH ON THE REVERSE SIDE TERMS AND CONDITIONS I. C onflicting Provisions Seller 5 [cans and conditions slated in (his Docunren! "terms and Condition shall be daamed coal to I ill,, [I otu� it hst LiM di II, an prior or suhscyueut pur ch u.ve order or Si nti la r ducu went Irons Purchaser. Purchaser by taking dclivcry of all or any portion of the items shown on the rCVCISe side shall be conClusivcly deemed to have accepted and assented to Seller's Terms and Conditions. Purchase Price and Payment The purchase price for all it¢nts shown tm the reverse side excludes Sales, rise. occupation. license. excise and other taxes and Ices in respect of manufacttrc, sale storage, consumption or dclivcry, all of which shall he paid by Purchascr. The purchase pries for all items is puyahlc in lawful money of the United States. Acceptance by Seller of drafts, checks or other media of payment will he provisional only :rod subject to Immediate collection of the full Luce amount Ihorcof. Scher reserve, Ilse right to charge a late fec and/or interest, if Purchaser fails to make any payments to Scllcr when S;urne hecome duc. 3. Deliver M:I C[Ire Delivery ol'soods Ill the Pmvhaser', location shall eemsti €rite dclivcry tee the Purchaser; and all ]isk of loss or damage shall thereupon pas.S to and he aSSUmcd by the Purchaser. Any time or dale slated for dclivery is on estimate only and the Seller shall not he limhle for failure to defiler at the .speci ficd limo or on the specified date, nor ahrtll such failure on the part of the Scllcr be ticcmed ro be a hrcoch of this Agrccincnl or ally leans and conditions or p;ul thereof. PLnChascr shall not be entitled to cancel or rescind this safe nor shalt Seller be liable in dunurgC> or o(hcnyisc, in [he case of delay or impairment or failure of pcnii,rmance by Seller by reason of Causes F Scllcr', control, including, WithtnH limitation, claims of force IlM eurc by Scller'S supplicrS. slrikCs. IabUr dillICLI[UCS. Sho11 ;1�1CS of labor. fuel. power. inalcl ols err supplies, inability to obtain shipping spaces irmsperhaion dcl<ryS, lilt. floods. uccidc:ms. riots. ;lets of God. sear, uo1'crnmenml interference or embargo. In :mv such cacnt. Scllcr rcurvcs the right. in its Sole discretion. to allocate its iuvemory between Purchaser and Seller's other cusunncrs. and PMrehtlSer waives any 1 111 to asserl a claim against Scllcr Iherclor. a. SSis of Credh or Shipment .Scller nary al env lime aher nr Suspend arodit to Par chaser, stop shipMlcnl to Purchaser in ul of delay of refuse to ship to Purchaser. nt cannel any or all unlined Orden When. in ScilCr', noIC opinion: ;i. the financial condition ill' Pureiiser is unsatisfactory to Scllcr; 1,_ M!, 'IN is dol,Ncd hs the Paull it Purchaser; C. Pmdwh cr is delinquent ht payment of an;• obligation oWCd to SclTcrr or d, sale of produc(, or nrateri;ds to PtIreIl;L5e1' mess result in C11y1r1nlnnldl, safety ar health danger or blood. Wa rranty Scllcr warrants that the products or materials delivered hereunder nice( the standard specil'iCaMOIIS of the mums( Icturer(s) for the pnxlucL: or such other specifications as may have been cxpressly :greed to in writing Ity Purchaser and Seller. SELLER MAKLS NO OTHER WARRANTIES. EXPRESS OR IMPLIED. INCLUDING. WITHOUT LIMITATION. ANY WARRANTY OF MI'RCI fANTABILITY OR FITNL- -SS FOR A PARTICULAR PURPOSE. Determination of arc suiutbility of the Product supplied hereunder for [lie uses and appli- cations COMCIIrpLucd liV Purchaser and others :shall be the sole responsibility of Purchaser. Purchaser Ltssumcs all risk and liability resulting from the handling, use, storage or resale or the Products (lCliVCred ICIVLIII&l', whether used, handled, storcd or resold singly or in conrbinution with other products, and Purchaser agrees In indemnify and hold Seller harntless against any and Al loss, damages, liability% cost and expense (including rearsomable a(lornays' ICCS). arising out of such use, handling, storage or resale. Seller ascuntes no obligafion or liahility for the technical advice given by Scher Willi refere:nee to the use ill' the Products or results obtained therel'mm.:rod all such advice is given and accepted aI Purchaser's risk_ G, LIMITA "PIONS OF LIABILITY a, PURCHASFR HEREBY WAIVES ANY CLAIM AGAINST SELLER FOR CONSEQUEN'IIAL DAMAGES, LOSS GI' OR DAMAGE TO GOODWILL OR ANY OTHER SPECIAL. DIRECT. INDIRECT OR INCIDHNTAI_ DAMAGES. FVEN IF SELLER HAS BEEN ADVISED OF OR HAS NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND PURCHASEWS EXCLUSIVE REMEDY WITH RESPFCT TO ANY CLAIM, WHF,THER IN CONTRACT, TORT OR STRICT LIABILITY OR OTHFRWISE, IN RESPECT OF "THE PRODUCTS SOLD HEREUNDER SHALL BE EXPRESSLY LIMITED TO THE AMOUNT OFTHE PURCHASE PRICE OF SUCH PRODUCT OR THE REPLACEMENT OF SUCH PRODUCT. h. FAILURL BY PURCIASI?RTOGIVE WRITTEN NOTICE OFSUCII CLAIM TO SELLER W[ HHN 30 DAYS PROM TIIEDXI'EOF DELIVERYOF SUCH PRODUCTSHALI- CONS'TITU'IT A WAIVER BY PURCHASER OF ALL CLAIMS IN RL'SPECT OI' SUCH PRODUCT. NO PRODUCT SOLD HEREUNDER SHALL BE RETURNED TO SEI,J..FR WITHOUT SELLER'S PLI MLSSION. NO CLAIM SHALL BE ALLOWABLE AFTER ANY SUCH PRODUCT HAS BEEN PROCESSED IN ANY MANNER. 7. Connainc]�IC'ylindcr5 a. All returnable containers and cvlinelcrs nnraiu the piopclay of the Seller and must he reutnxcl Pl Scllcr. h. Container and cylinder rlepositS will be f0IlCIICd if containers arc 7101 within 90 days of shipmem. unless PAhcrvrise agreed to in writing by Seller. In addition to the Ir ofcilurc of ;in}- such depu Purchoscr ,hull remain liable for on amount equal lo the difference hctween the cleposil and the replaccnreni cost of any returnable rnnlainer or cvlindcr WhiCh is nut rClRl'nCd Io Scllcr. c. Purchaser agrees to licccpl full Icsponsibilily and liahility for the dkpo,al of non- rclurnahlc conluiners and cylinders in strict compliance Willi all laws and re,ulations. .I. Purchoscr shall indemnii_v :riot held Seller harmless ai_uinsl anV claim, toss. d:unagc yr expense arisin Grni Pun teasers handling_ use. ,IOrMC or dispuxd of airy container or c�llndc]- C. Scllcr rucrves the right to ch;irge Purchaser sIkll demuni]g.e fa rally returnable container or cylindct: R. Rchrinc[7`Milei No credit will he issued fur material returned Ln1ICSs Seller has given Written consenl Io such raunt. All relurned material is suhject to a restocking charge. 9. Cinch is Any credit issued by Seller to Purchase], may only he applied against the rMtl1R] purchase of PlodLICIS by PUreh;t4el' and Will not be paid in cash. Any such credit Will expire one year LIWI the date of issuance, :rod SetlCI Will hLIVC no obligation with respect Ihereto in the event that PnrChasCI does not apply the credit against the cost of P,roduel purchased by it prior to such expiry date. IU. General u_ 'This Document shall not he assignable in whole or in pa( by Purchaser wilhout the prior wrillen consent oI' Seller. 17. Unle_`:s stated to Thu contmry elsewhere in this Docmrnarl, nu action, regardless oI' for arislmc out of the sale or delivery of product hurcunde]_ may lie commenced more than one year Lit er the cause of action has uccared, except that an action for nonpayn]Cnl Or lirr failure to return containers and cylinders may he brought at any time. c Sellers waiver of auv breach, or failure to enforce any of the lerms and conditions rf this Agrecmonl. at any time. Shall not in unv way affect. limit or waive Setter's right there ahcr to enforce and Compel Strncl compliance Willi each and every term and condition hcreof. The acceptance by the Scllcr of day payment after the specified due date shall not conslitule a waiver of IlIC Pareha,CI "S obligation to stake 'other payments on the specilied dates. d, This Agnx•ment shall tw ovcrned by ;rod enforced in accorclmnce with the htwS of the state ill which the Seiler corporate oll'ice is located s rithoul reference to its conflict of hrw rules. Purchaser by lakiup dclivcry of Lill or Lilly items shall be Conclusively deemed to have consented to personal jurisdiction in the above mentioned slate. Q, The mill" and conditions herein cuustilule the entire agreement between Scllcr and Purch;i,er and may not he modified ur amended except by it 1rI (ill, esccutc9 by an authorized officer crf Seller ,rod no modification shall he effected by the Parties cour:Se of dealing or the acknowledgment or acceptance of purchase order forms containing leans or condi- liolrs in addilioM to or at variance with ihono sc1 Pooh hercill. I. If anV provision ur provisionS 01 lhi.v DucRmcnt shall be held to be illc,_al or LI1I lf,rceahlc the legality Lind enforceahilily of the reneaining provision.a shall nun in :my way he:dfecl- cd impailyd. Product, shall he delivered to Purchoscr its indic�ucd on she Ecce hereof, :111(1 unleS.c othcnvi,e indicued. Purchaser shall be respun,ihle. for the payment of all bright and u char es drum Scller o paint ol to the dclivcry addre,s specified Lin the I:]ce hereof. Delivery dales arc approxim:ue and Zile pmdicated an the prompt receipt hV Scllcr of Lill ncccoo]v infollil lion and JOeltmC]llrmlOn from Purchase]: h. l'ulcss Purchaser i, amnhuriied to distribute the Ii Ducts dchvued hot cunder pursuant tU a Writ ett agreement with Sc for, Scllcr agrees that the product is supplied to Purchaser 1'or 1'urchuscr s' intC.rnal use niv. and Purchoscr 11my not repackage, resell or ollterwise distribute the producl to thhd parties without [lie express wrillen consent of Scller. i. In the event that Purchoscr and Scller engage in ally CICetrimic uirnsaetions.. including, hilt not limited to electronic lout interchange or Iacsinlile exehanl +es. ,rich elceu exchanges shall he considmrcd as sufid and legally hitlding and Shall he suhioet to the Icrnls anti condilions of Ibis !lercemcm. Prescribed by State Board of Accounts City Form No. 201 (Rev 1995) ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL ti 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 359584 BRENNTAG MID -SOUTH INC Purchase Order No. 3796 RELIABLE PARKWAY Terms CHICAGO, IL 60686 -0037 Due Date 2/23/2010 Invoice Invoice Description Date Number (or note attached invoice(s) or bill(s)) Amount 2/23/2010 783478 $1,835.00 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 �z 4 Date Officer VOUCHER 094412 WARRANT ALLOWED 359584 IN SUM OF BRENNTAG MID -SOUTH INC p`�'y 3796 RELIABLE PARKWAY CHICAGO, IL 60686 -0037 0 Carmel Water Utility ON ACCOUNT OF APPROPRIATION FOR Board members PO INV ACCT AMOUNT Audit Trail Code Y 783478 01- 6180 -03 $1,835.00 Voucher Total $1,835.00 Cost distribution ledger classification if claim paid under vehicle highway fund i