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185227 05/11/2010 CITY OF CARMEL, INDIANA VENDOR: 355991 Page 1 of 1 ONE CIVIC SQUARE EATON ELECTRICAL CORP PO BOX 93531 CHECK AMOUNT: $1,518.00 CARMEL, INDIANA 46032 CHICAGO IL 60673 -3531 CHECK NUMBER: 185227 ON CHECK DATE: 5/11/2010 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 1115 4351501 21544 30528833 1,518.00 ANNUAL MAINT INVOICE ORIGINAL CUSTOMER ID G. O. NUMBER INVOICE DATE INVOICE NUM REMIT TO: 204367 CNT0139872 04 23 10 1 30528833 Eaton Corp oration P. 0. DATE P. 0. NUMBER PAGE NUM P.O. BOX 9531 2010 UPS SERVICE CT; JANET 1 1 OF 1 CHICAGO IL 60673 -3531 IF QUESTIONS, CALL MATTHEW, BYERS (412) 893 -3863 (412- 893 -2114 FAX) Eff-N EMAIL: MATTHEWDBYERS @EATON.COM R INVOICE TO: SOLD TO: A/R NUMBER: 15258007 SHIPPED TO: CARMEL CLAY COMMUNICATIONS CENTER CARMEL CLAY COMMUNICATIONS CENTER 31 1ST AVE NW 31 1ST AVE NW CITY OF CARMEL CITY OF CARMEL ACCOUNTS PAYABLE ACCOUNTS PAYABLE CARMEL IN 46032 CARMEL IN 46032 SPECIAL MARKINGSIINSTRUCTIONS LUMP NUMBER: L01 SHIPPED FROM SUF. SHIP REL. NUMBER CARRIER PRO NUMBER GROSS WEIGHT DATE SHIPPED CE4 GUST STYLE; NUM8E12 NDED ITEM PRDDUCTab 1 DESCRIPTkON R BIL t1TY MULT NUM CATALOG .hEUi1lIB'Ep ITEM. 3i0�3 UN'tT EXT1:= ilLftvl9E OCE PPI,CE AN[OUNT CONTRACT NUMBER: MA230700V5, VERSION: 0.14 -SITE ADDRESS CITY OF CARMEL 31 1ST AVE NW C ARMEL CLAY COMMUNITY CTR a o JAMES S KINDER C ARMEL IN 46032 1 GCLDPOS 1 0KJl 45937 1 1518.00 1.00 1518.0 ITEM DESC: +CP+ PW9170 12SLOT ENCL W /HARDWIRED SERIAL NUMBER: C651NO18KC012979 C ONTRACT TYPE: ONSITE GOLD PLAN CONTRACT PERIOD: 04/24/2010 04/23/2011 ILLING PERIOD: 04 /24/2010 04/23/2011 O rder Notes: C ONTRACT NUMBER: MA230700V5, VERSION: 0.14 PAYMENT TERMS PRC.DUCT TOTAL 1518.0 NET 30 DAYS SALESIUSE TAX SHI; PING INVOICE IN USD DUE BY 05 -23 -10 1518.0 WE HEREBY CERTIFY THAT THESE GOODS WERE PRODUCED IN COMPLIANCE WITH ALL APPLICABLE REQUIREMENTS PLEASE REFER TO OUR INVOICE NO. 30528833 OF SECTIONS 6, 7, AND 12 OF THE FAIR LABOR STANDARDS ACT, AS AMENDED AND OF REGULATIONS AND ORDERS IN YOUR REMITTANCE OF THE UNITED STATES DEPARTMENT OF LABOR ISSUED UNIER SECTION 14, THEREOF. NOTICE: PRICEIS! HEREON, FOLLOWING OUR COMPANY POLICY, MAY BE BASED UPON PRICE {SI IN EFFECT AT TIME OF SHIPMENT. THEREFORE MAY NOT BE THE SAME AS ON YOUR ORDER. I TERMS AND CONDITIONS Notice of objection to any additional terms and conditions furnished by Buyer is hereby given. Selling Policy 25 -000 Shall apply to this order and any additional or different terms proposed by Buyer are rejected unless expressly agreed In no event shall Seller be responsible for gaining access, removal, installation, to in writin b Seller, temporary power, or any oTher expenses, which may be incurred in connection TAXES with correction of the Services. The price does not include any taxes. Buyer shall he responsible for the payment of all taxes applicable to, or arising The conducting of any tests shall bt: mutually agreed upon and Seller shall be notified of, and may be from the transaction, the property, its sale, value, or use, or any services regardless of the person or entity actually present at, all tests that may be made. taxed. TERMS OF PAYMENT Warranty for Power Systems Studies Unless otherwise agreed. Terms of Payment are net within thirty 1301 days from the date of invoice. Seller warrants that any Power Systems Studies performed by it will conform to generally accepted professional standards. Any portion of the study, which does not so conform. shall be corrected by Seller upon notification in DELIVERY writing by the Buyer within six 161 months after completion of the study. All warranty work shall be performed in a single shift straight time basis Monday though Friday. In the event that the study requires correction of warranty items Unless otherwise agreed, delivery will be made F.O.B. point of shipment. Shipping dates are approximate and are based on an overtime schedule, the premium po: tion of such overtime shall be for the Buyer's account. on prompt receipt of all necessary information from the Buyer. Risk of loss or damage to the Product shall pass to the Buyer at the F.0,8, paint. Limitation on Warranties fur Products, Engineering Service and Power Systems FORCE MAJEURE Studies Seller shall not be liable for failure to perform or delay in performance due to fire, flood, strike or other labor difficulty, act of God, act of any governmental authority or of the Buyer, riot, embargo, fuel or energy shortage, car THE FOREGOING WARRANTIES ARE EXCLUSIVE EXCEPT FOR WARRANTIES OF TITLE. SELLER DISCLAIMS ALL OTHER shortage, wrecks or delay in transportation, or due to any other cause beyond Seller's reasonable control. In the event WARRANTIES INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. of delay in performance due to any such cause, the date of delivery or time for completion will be extended by a period of time reasonably necessary to overcome the effect of such delay. The remedies set forth above are the Buyer's sole remedies for failure of Seller to comply with its warranty WARRANTY obligations. Correction of non conformities in the o manner and for the period of time provided above shall c nsititute Seller's sole liability and Buyer's exCIbPIve remedy for failure of Seller to meet its warranty obligations whether Warranty For Products claims of the Buyer are based in contract in tort (including negligence or strict Iiabilityl, or otherwise. Seller warrants that the Products manufactured by it will conform to Seller's applicable specifications and be free LIMITATION OF LIABILITY from failure due to defects in workmanship and material for a period of one 111 year from the date of installation or eighteen 1181 months from the date of shipment, whichever occurs first- in the event that a Product fails to comply The remedies of the Buyer set forth h:trein are exclusive and are the sole remedies for any failure of Seller to with the foregoing warranty. Seller will, at Its option, either fat repair or replace the defective Product. or defective comply with its obligations hereunder. part or component thereof, F.O.B. Seller's facility freight prepaid, or (bl credit Buyer for the purchase price of [he Product. All warranty claims shall be made in writing. Seller requires all non conforming Product be returned at Notwithstanding any provision In this contract to the Contray in no event shall Seller Seller's expense for evaluation unless specifically stated otherwise in writing by Seller. This warranty does not cover failure or damage due to storage, installation, operation or maintenance not in conformance with Seller's be liable In contract, In tort (including negligence or strict liability) or otherwise for recommendations and industry standard pratice or due to accident, misuse. abuse, or negligence. damage to property or equipment other than the Products sold hereunder, loss of This warranty does not cover reimbursemant for labor, gaining access, removal, profits or revenue, loss of use of Products, cost of capital, claims of customers of installation, tempoary power or any other expenses, which may be incurred in the Buyer or any special, indirect, incidental or consequential damages whatsoever, connection with repair or replacment. regardless of whether such potential damages are foreseeable or if Seller has been This warranty does not apply to equipment not manufactured by Seller. Seller limits itself to extending the same advised of the possibility of such damages. warranty it receives from the supplier. The total cumulative liability of Seller arising from or related to this contract whether the claims are based in contract, in tort (including negligence or strict liability) or otherwise, shall not exceed the price of the Product or Warranty For Engineering Service Service on which such liability is based. Seller warrants that the Engineering Services performed by it hereunder will be performed accordance with generally a ecepted professional standards. The Engineering Services, which do not so c arm, shall be corrected by Seller TERMINATION upon notification in writing by the Buyer within one (1) year after completion cf the Enginall ing Services. Unless otherwise agreed to in writing by Seller. Seller assumes ro responsibility with respect to the suitability of the Buyer's Any order may be. terminated by the Buter only by written notice and upon payment of reasonable termination charges. equipment or with respect to any latent defects in the same. This warranty eoes not cover damage to Buyer's Including all costs plus profit. Seller shall have the right to cancel at any time by written notice for any material equipment, components or parts resulting in whole or in part from improper maintenance or operation or from their breach of the order by the Buyer. deteriorated condition. VOUCHER NO. WARRANT NO. ALLOWED 20 Eaton Electrical Inc IN SUM OF P.O. Box 93531 Chicago, IL 60673 $1,518.00 ON ACCOUNT OF APPROPRIATION FOR Carmel Clay Communications PO# Dept. INVOICE NO. ACCT #/TITLE AMOUNT Board Members 21544 30528833 43- 515.01 $1,518.00 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 Thursday, May 06, 2010 Director Title Cost distribution ledger classification if claim paid motor 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 service rendered, by whom, rates per day, number of hours, rate per hour, number of units, price per unit, etc. Payee Purchase Order No. Terms Date Due Invoice Invoice Description Amount Date Number (or note attached invoice(s) or bill(s)) 04/23/10 I 30528833 I I $1,518.00 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 20 Clerk- Treasurer