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Home My WebLink About184507 04/14/2010 CITY OF CARMEL, INDIANA VENDOR: 357773 Page 1 of 1 ONE CIVIC SQUARE TNEMEC COMPANY INC CARMEL, INDIANA 46032 PO BOX 843797 CHECK AMOUNT: $450.00 DALLAS TX 75284 -3797 o CHECK NUMBER: 184507 CHECK DATE: 4/1412010 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 1093 4350000 222035498 450.00 EQUIPMENT REPAIRS M r Representative Order TNEMEC Customer Number Customer PO No RGA No Terr Invoice Date Invoice No Company Inc. 0 1940 4871 23308 030 3/23/10 222035498 6800 Corporate Drive How Shipped FOB Routing Shipped Date Factory Order Kansas City, MO 64120 -1372 TEL: 616/483 -3400 coo SALE SALES REP DELIVERY 3L21/10222035498 00 FAX: 816/483 -3401 St, County, City, Tax Code Job /Contract Quote Terms Note: A t% Per Month Finance Charge will be ORIGINAL INVOICE 15 081 0580 POOL NET 4 5 DAYS due after 30 days. "WE CERTIFY THAT THE MATERIALS COVERED BY THIS INVOICE WERE PRODUCED IN CONFORMITY WITH THE FAIR LABOR REMIT TO: STANDARDS ACT OF 1938, AS AMENDED, AND THE REGULATIONS AND ORDERS OF THE UNITED STATES DEPARTMENT TNEMEC COMPANY, INC. SHIP TO OF LABOR." SO LD TO P.O. Box 843797 CARMEL CLAY PARKS REC CARMEL CLAY PARKS REC 1 "33797 Dallas, TX 75284 -3797 4 f SALESMAN TO PICK UP ATTN ACCOUNTS PAYABLE DEPT t0 3 n C.r at .tr �e the GREENWOOD IN 4 614 3 1411 E 116TH STREET Me r above CARMEL IN 4 6 0 3 2 C lance. Dallas 9 i uw �+t►IAS p bid MOEIR i�3DUCT- 011:SIC91P't1ON B1L�11 UNIII" A QU Cr i= SIr=S C�LI►R C#�1t l9f PFitE 1fSDCILLJkS 1 LK 0066- 44BLLK H -B EPDXOLINE DIVING BOAR 10.0000 GL 45.0000 450.00 BASE:0066 -WHITE COLOR: 44BL DIVING BOARD BL SUBTOTAL 450.00 TOTAL TAX 4/x' 31.50 RM TOTAL MISC.TAX TOTAL ORDER AMT. MAR 21` 2010 48 0 a Pu►chm Poo I Pit v)T Descdptkm P.O. F a.L# 1�!— 4 55 U� `b (a ymi eh 0-15 Purchaser Date Approval 7 Date L) ALL CLAIMS FOR DAMAGES IN TRANSIT OR SHORTAGE MUST BE FILED WITH THE CARRIER. TERMS AND CONDITIONS OF SALE ARE PRESENTED ON THE REVERSE SIDE HEREOF. ANY AND ALL ADDITIONAL OR DIFFERENT TERMS SHALL NOT BECOME PART OF THE CONTRACT BETWEEN TNEMEC AND YOU. YOUR ACCEPTANCE OF THE GOODS WILL BE CONSIDERED AN ACCEPTANCE AND ASSENT TO THE TERMS ON THE REVERSE SIDE HEREOF. Thank You. We appreciate your order. Visit our website at http: //www.tnemec.com TERMS AND CONDITIONS 1. ACCEPTANCE: A contract for this order is expressly conditioned on your assent to 5. ATTORNEY'S FEES: Seller shall be entitled to recover from Buyer its attorney's and acceptance of the terms and conditions presented below. Any and all additional or fees and all related expenses incurred in: (i) seeking to enforce these terms and different terms provided on any form supplied by you shall not become a part of the conditions, or (ii) defending any claims by Buyer upon which Seller prevails. contract between Tnemec and you. Your acceptance of the goods will be considered an acceptance and assent to the terms presented below. 6. PERFORMANCE: Seller shall not be liable for any delay in performance and shall not be responsible for the failure to apply the product( in strict compliance with 2. TERMS OF PAYMENT: Net 30 days and financing charge of 1 per month, ANNUAL Tnemec's product data sheet. Tnemec's sales representatives have no authority to RATE of 12 on all amounts not paid within thirty (30) days from date of invoice, change, modify, or alter these terms and conditions of the product data sheet 3. RETURNED GOODS POLICY: Proper evaluation of all paints and coatings has become including the application information. a major problem and expense. It must be handled in strict conformance with various 7. APPLICABLE LAW AND DISPUTES: Any disputes between the parties hereto Federal and State Regulations. Anticipating increased enforcement by regulatory shall be resolved in the courts of the appropriate jurisdiction, and all of the terms agencies, including fines and other penalties, Tnemec Company has expanded its and conditions with respect to the sale and purchase of the materials named herein Returned Goods Policy to assist our customers with proper evaluation. shall be construed in accordance with the laws and judicial decisions of the State of a. Only unopened Tnemec labeled containers are returnable. Missouri. Unless expressly agreed in writing, no dispute shall be resolved through arbitration. b. No material may be returned without prior written authorization. Duplicate copy of the written authorization form must accompany the return shipment. 8. WARRANTY: Tnemec Company, Inc. warrants only that its coatings represented Unauthorized return material will not be accepted. herein meet the formulation standard of Tnemec Company, Inc. c. Credit will be issued for unopened containers of Tnemec coatings In standard colors THE WARRANTY DESCRIBED IN THE ABOVE PARAGRAPH SHALL BE when returned within 90 days of original shipment. This is subject to acceptable IN LIEU OF ANY OTHER WARRANTY, EXPRESSED OR IMPLIED, condition as determined by inspection upon receipt. The amount of credit will be INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF issued for 85% of the invoice price for material returned in a restocking condition. A MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, credit of 50% on the invoice price will be issued for material that requires reworking THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE or repackaging. DESCRIPTION OF THE FACE HEREOF. d. Authorized returns must be shipped freight prepaid. 9. LIMITATIONS OF SELLER'S LIABILITY: The sole and exclusive remedy against. e. Tnemec coatings which upon receipt are determined to have no salvage value for Tnemec Company, Inc. shall be for replacement of the product in the event a credit (including custom colors and material past shelf life) will be subject to a fee of defective condition of the product should be found to exist. This limitation of liability $10.00 per gallon and must be shipped prepaid to Kansas City or Balitmore. shall apply to any claim against Seller, to the fullest extent permitted by law, f. Custom colors and Non Standard colors in:Tnemec Coatings are not returnable for including without limitation, any claim of breach of contract, negligence, credit. misrepresentation, nondisclosure, breach of any duty of good faith and fair dealing, violation of any consumer protection statue, or any tort claims. g. Series 700 and 701 Standard Colors are returnable for credit up to, but not to exceed 12 gallons per project. NO OTHER REMEDY (INCLUDING, BUT NOT LIMITED TO, INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR LOST PROFITS, LOST SALES, h. Authorized returns must be returned to the original shipping location, unless INJURY OF PERSON OR PROPERTY, ENVIRONMENTAL INJURIES, OR authorized by the Distribution Center Manager prior to the return. ANY OTHER INCIDENTAL OR CONSEQUENTIAL LOSS) SHALL BE i. The following products are non returnable: Series 1, Series 90 -1 K97, Series 90G 1 K97, AVAILABLE. Series 94 -H2O, Series 120, Series 152, Series 201 (Part C powder), Series 211, 7r The sole purpose of this exclusive remedy shall be to provide replacement of Series 216 (Part B powder), Series 218 and 219 (Part C aggregate), Series 222223 product rf any defect in materials is found to exist. This exclusive remedy shall not 224, 237, 237SC, 238, 239C (Part C aggregate), Series 260, Series 262, Series 264 _be,dee.medato.,havd�failed its essential purpose as long as Tnemec Company, Inc is Series 265, Series 273 (Glass Mat, Part C D), Series 287, Series 394, Series 40fi willing to replace the defective materials. (Part A), Series 434 (Part C aggregate), Series 530, Series 1070, Series 1071,, Series 1072, Series 1076, Series 1077, and Series 1078. 4. CUSTOM COLORS: Up to 10% over or under any quantity ordered (maxim um„of,� 50 gallons) in any non- standard color may be shipped without prior approval and invoiced accordingly. r ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL An invoice of 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. Payee Purchase Order No. Tnemec Co., Inc. Terms P.O. Box 843797 Dallas, TX 752843797 Invoice Invoice Description Date Number (or note attached invoice(s) or bill(s)) PO Amount 3/23110 222035498 Pool paint 23308 450.00 Total 450.00 1 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 1 20_ Clerk- Treasurer Voucher No. Warrant No. Tnemec Co., Inc. Allowed 20 P.O, Box 843797 Dallas, TX 75284 -3797 In Sum of 450.00 ON ACCOUNT OF APPROPRIATION FOR 109 Monon Center PO# or INVOICE NO. ACCT #/TtTLE AMOUNT Board Members Dept 1093 222035498 4235000 450.00 1 hereby certify that the attached invoice(s), or 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 8 -Apr 2010 Signature 450.00 Accounts Payable Coordinator Cost distribution ledger classification if Title claim paid motor vehicle highway fund