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Home My WebLink About185163 05/11/2010 CITY OF CARMEL, INDIANA VENDOR: 359584 Page 1 of 1 ONE CIVIC SQUARE BRENNTAG MID SOUTH INC CHECK AMOUNT: $3,825.00 CARMEL, INDIANA 46032 3796 RELIABLE PARKWAY CHICAGO IL 60686 CHECK NUMBER: 185163 CHECK DATE: 5/11/2010 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 601 5023990 821563 3,825.00 OTHER EXPENSES ,Brenntag Mid South, Inc BRENNTAG 1.405 Highway 136 W P.O. BOX 20 Henderson, Kentucky 42419 -0020 INVOICE BMS821563 INV DATE: 4/27/10 PAGE 1 OF 1 DUE DATE: 5/27/10 SOLD TO: SHIP TO: CITY OF CARMEL UTILITIES CARMEL WATER, PLANT 5 3450 WEST 131ST STREET 5484 E. 126TH STREET WESTFIELD IN 46074 j CARMEL IN 46032 FEDERAL ID DATE SHIPPED: 4/27/10 TERMS NET 30 DAYS _4 8.1664_ _0 0 r,I_P —WHS -9 SALEP�tSr� 9•r. CUSTOMER 407542 SHIP VIA: OUR TRUCK PKG CUSTOMER PO JERRY FOB DELIVERED TAX EX# 356000972 -001 -9 UNITS SHIPPED PROD WGT /GAL TOTAL QTY UNIT PRICE EXTENDED 80.0000 805002 1.000 4000.0000# .9500 3,800.00 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 3,800.00 INS SEC SURCHARGE 25.00 PAID ON OR PRIOR TO 5/27/10 INVOICE TOTAL 3,825.00 PAID AFTER 5/27/10 INVOICE TOTAL 3,901.50 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, 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 L Coriflic(ilig Provisions Seller's terms and conditions stated in This Document Temis and Conditions shall be deemed controlling nolzvithstanding any prior or Subsc(iuCnL iwrc•hasc ruder or similar duCUrtert 1`10111 Purchaser. Purchaser by taking delivery of all or any portion of the acnis shown on the reverse Side shall be conclusively deemed to have accepted and assented to Seller's Terms and Conditions. 2. Purchase Price and Payment The Purchase price for all items shown on the reverse side excludes sales, use. occupal ion, license, excise and 01her taxeS and fees in ICSpccL of nhwufacture. sale, storage, consumption of delivery- ail of which shall be paid by Purchaser. The purchase price for all items is payable in lawful money of the United States. Acceptance by Seller of dr fts, checks or other media of payhuent will be provisional only Lind subject to inunuliale collection of the full face amount thereof. Seller reserves the right to charge a late lee and /or interest. if Purchaser fails eo make any payments to SCllcr when Same heC0111C due. 3. Dclivcry /Forcc,Nlal Delivery of goods to the Purchaser's location shall constitute del lvary to the Purchaser, Lill([ all risk of loss or diuml t! shall thereupon puss to and he asSUmcd by the Purchaser. Any time or dale stated for delivery is an estimate only and the Seller shall not be liable for I,[I[tre to deliver at the. spccified belie or on the Specified dine, nor dtall Such failure on the part of the Seller he deemed to he a breach of this Agreement or any terms :ill(] enndiuons or part thereof. Purchaser shall not he entitled to cancel 01 rescind this sale nor shall Seller be liable in danmgcs m 0llmwise. in the case of delay of impairnem or failure of pet orntsncc by Scllcr by reason ul causeS beyond Scllcr's control, including, without limitation. claims of force majcun� by Scticr's suppliers, strikes, Iahm dit shortages of labor. Inc], power. malciials m supplies, inability to obtain dripping Space, u'ansportation delays, fire. Iloods. aceid¢nls, riots, acts of God. wan: governmernl interference or embargo. In any such event. Sclier icscrves the right, in Its sole discretion. to allocate its invem(Iry between Purchaser and Scller'S other cuStuuhchs, and Purchaser WaheS any right to asscrh a claim against Seller thercloi. d. St pen sion ofCrcdn or S1 ve Seller 111LI Lit Lilly time tiller or suspend credit ui PLWChdSer, Stop shipin0111 to Purchuscr in nallsit. or delay or refuse to Ship to Purchuscr. or curccl any or all unfilled orders when, i❑ Schel" Sit le opinion: ar Inc linancial condition of Puthascr is unsatisfactory to Scllcr b. dclivcry is dcLoccl be tea• fault of Purchaser_ C. Purcllasur is delincµlenl in payment of any ohligalinn owed to Scllcr; or d, sale of productS pr maderiuls to PIIrCha SCI stay resuh in environmenul, safety or health danger or haziud. 5. Wi n FaIllly SCllcr wan MAS that the products or maieriols dclivcrcd licteiuuler meet the snutdard Specifications of the manufaclurer(s) for the productS or such other specifications as may have been expressly agreed to in writing by Purchaser and Scllcr. SELLER MAKFS NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION. ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Deterruin:nion of the smt:ihility of the Produce supplied hereunder for the uses and appli- cation; contemplated by Purchaser and othCrs shall be the sole irsponsibility oP Purchaser. Purchaser assuntCS ill[ risk and liability resulting from the handling, use, storage or resale of the products delivered hereunder; whether used. haod[ed, Stolt(I or resold singly or in combination with other products, and Purchaser agrees to indemnify and hold Seller harmless lwainst any and all loss, danulgcs, liability, cost and expetISC (including reasonable attorneys' Ica-), arising out of Svc]) usC, handllne_. Storage or resale. Seller assumes no obli or liability for the technical advice 'given by SCllcr with relcrence w the uSe Of the PCodLICIS 01 results obtained ticrefronr. and all Such advice is given and accepted at Purchaser's risk. G. LIMITATIONS OF LIABILFFY a. PURCHASER HF-REBY WAIVES ANY CLAIM AGAINST SELLER FOR CONSEQUI- N "i'IAL DAMAGES, LOSS OF OR DANIAGE TO GOODWILL OR ANY OTHER SPECIAL. DIRECT. INDIRECT OR INCIDENTAL DAMAGES, F,VF.N IF SIiLLER HAS 13EI -N ADVISED OF OR HAS NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND PURCHASER'S EXCLUSIVE REMEDY WITFI RESPECTTO ANY CLAIM. WIIETI IFR IN CONTRACT, TORT OR STRICT LIABILITY OR OTHERWISE, IN RESPECT OFTHE PRODUCTS SOLD HEREUNDER SHALL BE EXPRFSSLY I.IM]TEDTOT][E AMOUNT OI' l h[F PURCHASE PRICE OF SUCH PRODUCT OR THE REPLACEMENT OF SUCH PRODUCT. b. FAILURE BY l'URCIIASER TO GiVE WRId "FEN NOTICE OF SUCH CLAIM TO SELLER WITHIN 30 DAYS FROM THE DATE OF DELI VERY OF SUCH PRODUCT SHALL. CONSTITUTE A WAIVER BY PURCHASER OF ALL CLAIMS IN RESPECT OF SUCH PRODUCT. NO PRODUCT SOLD HEREUNDER SHALL 131 RETURNED TO SI;LLER wLF1-IOUT SEL.LER'S PERMISSION. NO CLAIM SHALL BE ALLOWABLE AFTER ANY SUCH PRODUCT HAS BEEN PROCESSED W ANY MANNER. 1. Containers/Cyhndcrs a. All return :Lhle containers and cvlinders remain the property of Ilse Seller and must he returned to Seller. h. Container :in(I cylinder deposits will he litrfciwd if conLahterS arc toe NILINIe(I within 90 &N's of Shipnrnrl, unless Otherwise agreed to in writing by Seller. In addition to the forfeiture ill' anv such deposit, Purchuscr shall remain liable liar an amount equal to the difference between the depuSil and the replacement cost of wry returnable container or cvluuler which is not returned 10 Se1101: C. Purchaser agues to accept bill responsihility and liability for the disposal of non- retumablc containers and cylinders in strict compliance with all IawS and t'egulalions. J_ I'mchascr shall lndellnlity and ImO Scllcr harmless aL any claim. loss_ damage or cXpense arising limn Purchasei 's handling, use. Storage of disposal of any' container Of cyl i rider c. Seller lesenros the right to Purchaser with dCnntmtge tin any rCILIl Mhle container ur cylinder: A. Returned No credit will he issued I'm maletial returned unless Seller has given written consent L0 such rcitin n. All icWrncd material is subject to a restocking chatzc. 9. Credil Anv credit issued by Scllcr lit Purchaser, stay only he applied against the fuuuc purchase of ProduCls by I'm and will not be paid in cash. Any Such credit will expire one vcar alter the dote of issuance, and Scllcr will have no obligation with respect thereto in the event that Purchaser does nut apply the credit against the cost of Product purchased by it prior to Such expiry dale. I(I. GCncial a. This Dncuancril shalt not he assiguuble in Whale or in part by Purchaser wilhaut the prior written consent 01 Scllcr. h. UnIC%s sated to the contrary clscwhcre in this Document, 110 action. regardless of form, :iriaing out of the sale ur dehvcry 0f product hereunder. nuty be com more than one year;dier the cause aE action lilts accrued, except that an action for ]lonpuyrucnl or for failure to return couminus and cvlinders may be brougln Lit Lilly iinic. Q, Seller's waivc-r of any breach, or failure to 0nlorcc any of the terms tint[ conditions of this A,rcement aL anv time. shall not in any way infect. limit or waive Seller's right there adler to cnlinee and compel strict annpliance with e, ch and every terns and condition hereof. The acceptance by the Seller of any payulert after the Specified due date shall net constitute it waiver of the Purchaser's obligation to retake further payments im the spccified dales, d, This Agreement shall he governed by and enforced in accor(lance with the laws of the state in which the Seller's coiporte 0t €lce is located without reference to its conflict of law rules. Purchaser by taking delivery of all or any items shall be conclusively deemed to have consented to personal jurisdiction in the abavo-nrerlicned sutb. e. "The lei nis and con dilions herein constitute I])e entire agreement between Seller and I'hr"haser and may not be modified or amended except by a writing executed by an authorized oriicer of Scller:md no modification shall he effected by the parties' course of dealing or the acknowledgment or acceptance of purchase order forms containing terms or condi- 11011s in addition eo or al variance- with those sci forth herein. 1. I f any provision ar provisions of this Document Shall he held to be illegal or unc the legality and enforceability of the remaining provisions shall not in any way be aficcl- cl or inlpuircd. Products shall be delivered lit Purchuscr as indicated on the I.ICC hereof, and Unless otherwise indicated, Purchaser shall be responsible for the payment of all fi cight and ir:ulspolration charges front Sellers poinl of loading t0 the delivery address speeilled on the I'uce IICI'CUf. Deliiiay dotes arc approximaur and ale predicated or the prompt receipt by Scllcr of all necessary inlormation untl dOCUMClualloll Front Purchaser: h. Unless Purcbasci is aurthorized to disu111U10 the products dclivcrcd hereunder tillrsuanl to a wrincn agreement wills Scllcr. SCllpr agmeS that die product N supplied to Purchaser for Purchuscr',! interval use only. and Pmi-hascr nniy not repackage•, resell or ot[wxwisc disli buts lic product to Ihl d parties wilhuul Lhc espresS wrincn egnsent of SCllcr. i. in rile even) [hut Poiclulser and Scllcr engage in any electronic transactions. including,. but no[ linrihrd 10, electronic data iUtcichan,e or facsimile exchamgcS, such electronic exchanges shall he considered as valid and Ic_f, lly bindVm_ and Shall be Suhjact to the iCrms and conditions It this Agreement. VOUCHER 101528 WARRANT ALLOWED 359584 IN SUM OF BRENNTAG MID -SOUTH INC 3796 RELIABLE PARKWAY CHICAGO, IL 60686 -0037 Carmel Water Utility ON ACCOUNT OF APPROPRIATION FOR Board members PO INV ACCT AMOUNT Audit Trail Code. 829563 01- 61 80 -03 $3,825.00 rf I Voucher Total $3,825.00 Cost distribution ledger classification if claim paid under vehicle highway fund Prescribed by State Board of Accounts City Form No. 201 (Rev 1995) ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL 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 515/2010 Invoice Invoice Description Date Number (or note attached invoice(s) or bill(s)) Amount 5/5/2010 821563 $3,825.00 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