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183742 03/29/2010 CITY OF CARMEL, INDIANA VENDOR: 359584 Page 1 of 1 ONE CIVIC SQUARE BRENNTAG MID SOUTH INC s CHECK AMOUNT: $2,375.00 CARMEL, INDIANA 46032 3796 RELIABLE PARKWAY CHICAGO IL 60686 CHECK NUMBER: 183742 CHECK DATE: 3/29/2010 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 601 5023990 W09121 798654 2,375.00 FLUORIDE BrPnntag Mid- South Inc. BRENNTAG 1405 Highway 136 W P.O. BOX 20 Henderson, Kentucky 4241.9 -0020 NVOICE BMS798654 INV DATE: 3/11/10 PAGE 1 OF 1 DUE DATE: 4/10/10 SOLD TO: SHIP TO: CITY OF CARMEL UTILITIES CARMEL WATER, PLANT 5 3450 WEST 131ST STREET 5484 E. 126TH STREET WESTFIELD IN 46074 CARMEL IN 46032 W� FEDERAL ID 610504545 DATE SHIPPED: 3/11/10 TERMS NET 30 DAYS B/ L 4_ 53007 -00 __SHIP WHS 29_SALESPRSN_: -2 9A_ CUSTOMER 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 1.0000 253418 11.870 2000.0000# 2250 450.00 2000.0000 CYL CHLORINE, LIQUID (BMS ONLY) >A RPK 40.0000 805002 1.000 2000.0000# .9500 1,900.00 50.0000 BAG SOD FLUORIDE GRAN >A F/S QUESTIONS, CALL 317 --898 -8632 REFIT TO ADDRESS: B RRNNT!' AG MID SOUTH, INC 3796 RELIABLE PARKWAY CHICAGO IL 60686 -0037 MERCHANDISE 2,350.00 INS SEC SURCHARGE 25.00 PAID ON OR PRIOR TO 4/10/10 INVOICE TOTAL 2,375.00 PAID AFTER 4/10/10 INVOICE TOTAL 2,422.50 Jt Original Document Atlanta, GA Columbus, OH Indianapolis, IN Miami, FL St. Louis, MO Bartonville, IL Georgetown, KY Kansas City, MO Nitro, WV Tampa, FL Calvert City, KY Greeneville, TN Kennesaw, GA Orlando, FL Terre Haute, IN Chattanooga, TN__ Henderson, KY Louisville, KY Springfield, MO Valdosta, 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 L Crnnllietill Provisions Seller's lernts and condition, staid in this Document (''Ternns and Conditions' shall be deemed controlling notvidimanding any prior or subsequent purchase order or similar document front Purchaser. Pur'chascr by wking dclivcry of Lill or any portion of the items shown on the revere side shall be conClusivcly dCCitle(110 have accCtCl and assented to Seller's'I'crnu and C"mdilion.s. Purc PriU a Hd PrI The purchase price fOl all item,, 'flown on the reverse Side etcludeS 'alcS. use. occupation. RCen,ce, exoi;c ;tn(I inkier lu.ees ;and teen ill respeCl of manufacture, sale, storage, consumption or delivcrv- all of which Shall he paid by PurchaSer. 'rile Purchase price fur all dents is povahlc in IUWI'ul Hnoncv of the Unilcd Stales. Acceptance by Seller of (Inifta, checks or other acbe of payment ,ill he pine isionul only and subject to immedi:ue cuilectiun 0011C full face amount thereof. Scllcr rescue,, the right to char c it late [cc andloi interest, if Pmthascr fails to make any payments to Scllcr when sums bCCime due.- [t Delivery /Force Nlaicur Delivery of goods to the PLlrchaSCr ti IOCLRIOII shall constitute dclivcry to the Ptnchascr: and alE risk Oil Or damaee shall lhcrcupOH pass to and he assumed by the I'wchascr. Any time or dale slated for deliver- is nn estimate only and the Seller shall nul be liable for failure to deliver at the Specified lime or on the ,Specified dale, nor shall such failure on the part of the Seller he deemed to he a hrcach of this Agreement or any terms and conditions Or part Ihcneol. Purchaser shall not he entitled to cancel or rescind this sale nor shall Seller be liable in dan;,ges of Olherwise in the case of dehpv or impairment Or failum of performarce by Seller by I tSrnt Of causes beyond Seller's control, including_, without limitation, claims of force majcurc by Scllcr's sopplicis, strikes,, labor difficulties, shortages of labor, luel, power, naterials or supplies. inability to ohiaia shipping space, transportation do -lays, fire, floods. aceldenlS. IiOIS. acts Of God. war. gcn•ernmental interference or embargo. In anv such event. Seller reserves the right ill its sole discretion, to allocate its inventory between Purchaser and SCIICI's 0111cr CnSIo[TW'rS, and Purcha.vcr waivCS any right to a%,C11 it claim againSt Seller thcrclnr. a. Sus pension 01 Credit it Shipment Seller n1ay at any lime alto it suspend c'rcdil to PurchaSer, 11011 Shipment li PLirCIIiI in nansit or delay or rclusC kin Ship to Purchaser_ or cancel Lilly or all unfilled onlcrs when, ill Seller's sole opinion: a. the financial condition utPurchascr is unsatislactory to Seller: b- delivcry is dClavccr hit rile ILMIL of Purcha,ee C. PULCIMSer iS cklinqucnl in payment of any obligation owed to 'Seller or d. sale of ptvnlucN or nuncriats to PLIL itasei stay result ill environmental. Safety Or health danger or hazard. N4hanant Seller ,ar.urts Ihat the PIUducts Or mdleriUIS dcliMCCI hel meet the standard Specifications of dhe ntanufacfurer(s) fur LhC products or Such other specifications as truly have hccn cxpre. Sly agreed to in writing by PurchaSer and Scllcr. SELLER MAKES NO OTI-I$R WARRANTIES, FXPRFSS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRAN fl' OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, DGermination uf'the Suitability of the Product supplied hereunder for the uses and appti- cations contemplated by Purchaser and others shall he the sole respollsibiliry Of Purchaser. Purchaser assmncS all risk and liability resulting loom the handling, use, Storaac or resale of the products delivered hereunder. whether used, handled, stored Or resold singly or in combination with other prctduclS, 1111(i Purchaser agrees to indemnify and hold Seller harmless against Linty and all loss. damages, tiahility, cost and expense (including reasonable atlornevs' fees), arising out OI' Such use. handling. Storage or resale. Seller assumes no obligation or liability lot rile technical advice given by Seller with reference 10 tltc use oflhc Products or rcSUItS obtained therefrom. and all Such advice is given and accepted al Purchaser s risk. 6. LIMITNI'IONS OF LIABILITY a- PURCHASER HFRE-BY WAIVES ANY CLAIM AGAINST SELLER FOR CONSEQUENTIAL DAMAGES, LOSS OF OR DAMAGE TO GOODWILL OR ANY OTHER SPECIAL, DIRECT. INDIRECT OR INCIDENTAL DAMAGES, EVEN IF SELLER HAS BEEN ADVISED OF OR HAS NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND PURCHASER'S EXCLUSIVE REMEDY WITH RFSPL TO ANY CLAIM, WH I'IIFR IN CONTRACT. TORT OR STRICT LIABILITY OR OTHERWISE. IN RESPECT OFTHE PRODUCTS SOLD HEREUNDER SHALL BF FXPRESSLY 1.IM1'rF.DTOI'HF AMOUN•I' OFTHF PURCHASE PRICE OF SUCI I PRODUCT OR THE REPLACEMENT OF SUCH PRODUCT. h. I-AllURI BY PURChIASEIt'I'p p1V1 VVKI "I'I EN NO TICS OF SUCH CLAIMTO SELLER WITHIN 10 DAYS FROM THE DATE OF DFLIVERY OF SUCH PRODUCT SHALL CON'SITIU hE A WAIVER BY PURCHASER )I- ALL CLAIMS IN RESPECT OF SUCH PRODUCT. NO PRODUCT SOLD HEREUNDER SHALL BE RETURNED TO SF.I.LFR WITl fOU I SELLER'S PERMISSION. NO CLAIM SHAM. BE ALLOWABLE AFfF,R ANY SUCH PRODUCT HAS BFFN PROCESS IN ANY MANNER. T. CGmlamcrs/C'vllnders Li. All mturnahle ConutilICN and Cvinrler, retrain the propcny of line Seller and must be returned tO Scllcr. b, Cuntuinci and cylinder deposal, swill be t'orfeiled if conutinclS are not rounnCd within 90 dues of ShiPmciu. unless Otherwise agreed to in writing by Scllcr. In addition to the forfeit LlrC of ally such deposit- PUrCNISel ski ;all remain liable 'or ❑n amount equal TO the diflirence between the deposit and the reptace.ntent cost of any NfUrnahle container or cvlindcr which is nut IClurncd Io Scllcr. C. I'ucheser agrees to accept full luspon,ibiliiv and liability for Ore disposil Of non- rellunathle containers and cylinder, in sIricl compliance with all laws and regulalionS. d. Purchaser Shall indcinnir'y and hold Seller hal'InICSS u,ainsl WIV claim, 10 datoagc or cxpcanc ;wising 17emn Purchaser's handling„ use- sior;uge or disposal of any container or cvlindcr. C- Scler re,crvcS the righl to J)aIgc PurchaSer sritb dcnnrragC tin' any returnahle cnneiiner or cylinder. 8. RcturucdbLdcrial NO credit will he issued for narcrial reumtal unless SCllerhas given written consent to such return. All rewrned nnnlerial is subject 10 a restocking charge. 9. Credits Any credit issued by SCIICI to PurchuSCr. Hray only he applied against the Blare purchase Or Products by Purchaser and will not be paid in cash. Anv Such credit will expire one year alici the ckile of issuance, imd Seller will have no obligation with inspect thereto in the event that Purchaser does net apply tyre credit against the coat of Produce purchased by 11 prior to such expiry datc- 10. General a. his DOCUnrcnt Shidt not 6c assignable in whole or in part by Purchaser without the prior Writicn consent Of Seller h. Unless slated to the contrary CISCwhere in IhiS Document. no action. regardless of fans. arising out of the sale Or dclivcry of prOdLICI hereunder, may he commenced more than one year after the Cause of trefoil has accrued, except that aH action fur nonpaynteHt or for failure to return comainCis and eylindei s may he brought at any time. C. Sellers waiver of any breach- or EaikLiC 10 erlOrce any if the terms and Conditions of this Agreement, at ally limo, Shall 1101 in any way affect, limit or waive Selter's right there- after to enforce and compel- strict compliance with each and every term and condition herein'. 'File acceplaulce by the Seller of anv payment after the specified due date shall not cnnstiLAC a waiver of the Pachascr'S Obligation to make further payments off Lhe specified dates. d. This Agreemem shall he by and enforced in accordance with the laws of the State in which the Sellers corprrratc office is Vocmed without reference to its conflict of Law rules. Purchaser by txk'url delivery of Lill or anv iteuts snail be cunchisively deenned to have consented to personal jurisdiclion in the Move- mentioned State. e. The terms and conditions herein co ig4LAe the entire agrceutenl between Scllcr and Purchaser and Hnav Hill hC modified or amended except by a w6lin, executed by an authorized officer of Seller and no rmdif kallon shall be ell by the parties' course of dealing or Ilse acknowleclvnlenr or acceptance of purchase order forms containing terns or coudi- (ions in addithrit to oral variancC With flow set forth herein. 1. If anv Proviaion or I)IM ISions of Ibis Document liall be held to he illepi or uncnfOlCeablc the leaatile and enforceability of the remainin, provisions shall riot in any way he affect- cd or inhpilITCd. Products ,,hall he dc'liscred I0 Pa'Cha,Cr aS 3ndicaled on the face IICIeOf, and Lin €CSS alherwi,e indicated. Purchaser shill he respon,ible lbr Iile payivcnt of Lill fieighr and [ranspotlurion charlcn from Seller's poinl of loading to the delivcry address specified Lin the fare hereof, Dcliveiv dates are approximate and are predicated ors the prompt r`ccipt hN Seller of all nece„ary inlitrmanon and docancnlalion from PurchuSCr: h. Unicss Purchaser iS authorized to distribute the prxluctS dclNCICd hereunder to it written agrecnrenl with Seller. Seller aerees that the producl is Supplied to Purchaser for Purchaser's' internal use only, and Pachascr may nor repackage. resell it olherwise dlsiributc the product to third Parties without the express written consent of Seller. i. In IhC event that Purchaser Lund Seller en age in any electronic transactions, including, hilt nut Iinrilod to. CICCtronic data interchange or facsimile exchanges, such elemonic exchanges shall be considered as valid and legally binding and Shall he a abject lo the Koss and conditions of this Agreement. VOUCHER 101174 WARRANT ALLOWED 353584 IN SUM OF BRENNTAG MID -SOUTH INC 3796 RELIABLE PARKWAY CHICAGO, IL 60686 -0037 �RX� Carmel Water Utility ON ACCOUNT OF APPROPRIATION FOR Board members Q PO INV f# ACCT AMOUNT Audit Trail Code 0�i 7" 798654 01- 6180 -03 $2,375.00 Voucher Total $2,375.00 Cost distribution ledger classification if claim paid under vehicle highway fund Prescribed by State Board of Accounts City Form No. 201 (Rev 1995) r- ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL t 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 3/22/2010 Invoice Invoice Description Date Number (or note attached invoice(s) or bill(s)) Amount 3/22/2010 798654 $2,375.00 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 Date Officer