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187240 07/07/2010 CITY OF CARMEL, INDIANA VENDOR: 359584 Page 1 of 1 0 ONE CIVIC SQUARE BRENNTAG MID SOUTH INC CHECK AMOUNT: $1,553.02 CARMEL, INDIANA 46032 3796 RELIABLE PARKWAY sx c� r CHICAGO IL 60686 CHECK NUMBER: 187240 CHECK DATE: 7/7/2010 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 2201 4350400 21432 BMS846551 729.06 REFLECTING POOL CHEMI 2201 4350400 21432 BMS849813 823.96 REFLECTING POOL CHEMI Brenntag Mid South, Inc. B R E N N TAG 1405 Highway 136 W P.O. BOX 20 Henderson, Kentucky 42419 -0020 INVOICE BMS846551 INV DATE: 6/10/10 PAGE 1 OF 1 r DUE DATE: 7/10/10 SOLD TO: SHIP TO: CARMEL STREET DEPARTMENT CARMEL STREET DEPARTMENT ONE CIVIC SQUARE REFLECTING POOL CARMEL IN 46032 THIRD AVE_ 126TH STREET CARMEL IN 46032 FEDERAL ID 610504545 DATE SHIPPED: 6/10/10 TERMS NET 30 DAYS B/L 515533 -00 SHIP WHS: 29 SALESPRSN: 294 CUSTONIEk 897255 SHIP VIA: OUR TRUCK PKG CUSTOMER PO VERBAL FOB DELIVERED TAX EX# 0031201550 -020 UNITS SHIPPED PROD WGT /GAL TOTAL QTY UNIT PRICE EXTENDED 310.2390 723584 9.670 310.2390G 2.3500 729.06 1.0000 G BULK MURIATIC ACID 20 DEG DRUM OFF -330 G POLY TOTE >A BLK PO #17572 FOR 2008. QUESTIONS, CALL 317 -898 -8632 REMIT TO ADDRESS: BRENNTAG MID SOUTH, INC 3796 RELIABLE PARKWAY CHICAGO IL 60686 -0037 MERCHANDISE 729.06 PAID ON OR PRIOR TO 7/10/10 INVOICE TOTAL 729.06 PAID AFTER 7/10/10 INVOICE TOTAL 743.64 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 I. Conflicting Provisions Seller's lenns and conditions stated in this Document (''Germs and Ccmditions shall he deemed controlling notwithstanding any prior or subsequent purchase order or similar document from Purchaser, Purchaser by taking delivery of all or any portion of the items shown on the reverse side shall be conclusively deemed to have accepted and assented to Selicr's Terms and Conditions. 2. Purchase Price and Payment The purchase price for all itents shown on the reverse side excludes sales_ use, occupation, license, e3ClSC and other IaaxeS and fees in respect of manul act Lire, sale, storage, consumption or delivery, all of which steal! be paid by Purchaser. The purchase price for all items is payable in lawful stoney of the United States. Acceptance by Seller of drafts, checks or other media of payment will he provisional Only and subject to inuncc]iatc collection of full face amount thereof. Seller 1'CSCINCS the right to charge it late fec and/or interest, if Purchaser fails to make any payments in Scllcr when same become due. 3. Delivcr/Force Majeure. Delivery or goods to the Purchaser's location shall constitute delivery to the Purchaser: and all risk of loss or damage Shall thereupon pass to and be assumed by the Purchaser. Any time ur (late sited for delivery is an estimate only and the Seller shall not he liahle for failmv to deliver at the specified time or oil the specified date, nor shall such failure qn the part of the Scllcr be deemed to be a breach of this Agreement or any terms and conditions or part Ihereof. Purchaser shall not he crunIcd to sansei or rescind this sale nor shall Seller be liable in danwges or otherwise- in the case of delay or impairment or failure of performance by Seller by reason of causes beyond Sellor's; control, including, without limitation, claims of force majwre by Setters suppliers, spikes. labor difficulties. shortages of lahm, fuel. power, nrrterials or supplies, in ihiliry to Obtain shipping space, transportation delays. fire, floods, accidents, rioas, aCLS of God. wilt governmental interference. (n cmhoigo. In any such event, Seller reserves the right. in its sole discretion, in allocate ils inventory between Purchaser and Seller's other customers. and Purchaser waives illy right to assert a claim against Seller thcrclin. T Suspension of Credit or Shipment Seller may as any time atcr or suspend credit to Purchase(: stop shipnueot to Purchaser in p'aosit. or delay or refuse to ship to PIII_Cl1a5C1; or cancel any or all unfilled orders when, in Seller's sole opinion: tile financial condition of Purchaser is unsatisl'actor_v t 1 Seller. b. delivery is dclaved by the 1'm11l Of Pmchaser; c. Purchaser iS delinquent in payutcut of arty obligation owed to Scllcr: or d. sale of products or materials to Purchaser may result in mvirunnlenfaf safety on health danger or hazard. S. Warrant Seller woman, That the products or materials delivered hereunder meet the standard spccificatious or the nianufaclurer(s) for the produclS or Such other SpecifiealiunS as may have been expressly agreed to in writing by Purchaser and Seller, SLiLLLR MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED. INCLUDING. WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNFSS FOR A PAR "t'ICULAR PURPOSE. Dcicrinini tiun of the suitability of the Product supplied hereunder for the uses and appli- cations contemplated by Purchaser and others shall he the sole responsibility 01' Purchaser. Purchaser assumes Lill risk and hahility resulting front the handling, use, storage or resale of the paxlucls delivered hereandcr, whether used, handled. Stored ar resold singly or in combination with other products. and Purchaser agrees to incleinnity and hold Seller harmless against any and all loss, damages, liability, cost and expense (including reasonable attorneys' fees). arising out of such use. handling, splragc or resale. Seller assumes no obligation or liability for the technical advice given by Seller with reference to the use of the PruduetS or reSUhS obtained therefrom, and all such advice is given and accepted at Purchasers risk. 6. LIMITATIONS OF LIABILITY a. PURCHASER HEREBY WAIVES ANY CLAIM AGAINST SELLER FOR CONSEQUENTIAL DAMAGES, LOSS OF OR DANNIAGF TO GOODWILL OR ANY OTHER SPECIAL, DIRECT. INDIRECT OR INCIDENTAL DAMAGES, EVEN IF SELLER HAS BEEN ADVISED OF OR HAS NOTICE OF ]'HE POSSIBILITY OF SUCH DAMAGES AND PURCHASLR'S EXCLUSIVE' REMEDY WITH RI SPEC 1 TO ANY CLAIM. WHETHER IN CON'T'RACT. TORT OR STRICT LIABILITY OR OTHERWISE, IN RESPECT Of- THE PRODUCTS SOLD HERL''UNDER SHALL BE EXPRF- SSI_l' Llbtl'I'LD'I'Ol'1IE AN10UN'1' OF'1'1IE PURCHASE PRICE OF SUCH PRODUCTOR THE REPLACEMENT Oh SUCH PRODUCT. b. FAILURE BY PURCHASER R TO GIVE WRITTEN NOTICE OF SUCH CLAIM TO SELL FR WITHIN 30 DAYS FROM THE DATE OF DELIVERY OF SUCH PRODUCTSHALL. CONSTITUTE A WAIVER BY PURCHASER OF ALL CLAIMS IN RESPECT OF SUCH PRODUCT. NO PRODUCT SOLD HEREUNDER SHALL BE RETURNED TO SELLER WITHOUT SELLER'S PERMISSION. NO CLAIM SHALL, BF ALLOWABLE AF PER ANY SUCH PRODUCT HAS BEEN PROCESSED IN ANY MANNER 7. Comainels /Cylinders ;t. All returnable con tainers snot cvhnders 1e111illn the property of the Selicrand must he returned to Seller, b. Cori airier and cylinder deposits Will he lor'fcitetl if container¢ arc not relurneil wilhin 90 days of shipment, unlcs� eherwise agreed to in writing by Seller. In addition to the lorfeiwre of nw such deposit. Purchaser shall Mlain liable fur an amount equal to the difference between Ilse deposit and the replacement cost Of any returnable container ar celindcr which is not returned to Sellerr: c Purchaser agrees lu accept_ full responsibility anti IiaLiility for the disposal of non- retumablc containers and cylinder:, in ,arict compliance with all hm s and regulations. LL I'Mulnscr shali indemnify and hold Selel harmless against any claim. ]loss, damage or expense arising Ir0n1 Purchaser's handling, use, storage or disposal A any container or cylinder. e- Seller reserves the tight to charge Purchaser with demurrage for any returnable container or cylinder. Rc 8. Rclurncd Mulcnitl No credit +vill be issued for material rcwrncd unless SCIICt has given written consent In Such return. All rclurnul material is Subject to it restocking charge. 9. Credits Any credit issued by Scllcr to Purchaser. may )lily be applied against the futule puchase of Products by Purchaser and will not be paid in cash_ Ale such credit will expire one year after the date of issuance, and Seller will have no obligation with respect thereto in the event that Purchaser does nol apply the credil against she cost of Product purchased by it prior to Such expiry date. III. General a. This Document Shall 1101 be assignable in whole or in part by Purchaser without the prior writcn consent of Seller. b. Unless stated to the contrary elsewhere in this DOamtent, no action, regardless of form. arising our of the sale )r delivery of product hereunder, mat_v he cunnucnccd more than one year alter file cause of action has accrued, except that an action for nonpayment or for falblIc to r'cturn containers and cylinders muy be broLlghl at aary tulle. c. Seller's waiver of any breach, or failuic to enforce any of the terms and conditions of this Agiccinent. ill any time. shall not in any way affect, limit or waive Sellers right rbcre- after to cuibrce and compel strict compliance wish cash and every Tenn and condition hcrvol. "I he acceptance by the Seller of wry payment :titer the spCCIfiad due date shall not constitute a waiver of the Purchaser's obligation to make further payments on the specified dates. d. This Agreement shall he governed by and enforced in acenrelanee with talc laws of the Stare in which the Seller's corporate ufllee iS IOCated 111110111 1 cfercncc to ill cUnflicl of law rules. Purchaser by taking dclivery of all or any itents shall he conclusively deemed to have consented to persOnal jL1I kLliclio I in she above- nlcritionccl stale.. c. The terms and condirion"s herein eon3limte the entire agreement between Scller and Purchaser and may ]I'll he modified nr amended except by a writing execulCd by an authorized orfieor of Seller and no modification shall he effected by the parties" course of dealing or the acknowledgment ur acceptance of purchase older Farms containing terms or condi- tion,; in addition to or of variance with those set forth herein. E Ifany provision or provisions of thiS Document shall be held to be illegal tar uncni'orceablc the legality and enforceability of the remaining proviaiorls Shag not in any way be affect- ed or impaired, Products .Shall be dclivcrcd to Purchaser us indicated on the face hereof, and unless Olhenwisc indicated, Purchaser shall be responsihIc for the payrrico I] all Ircight and iransponlown charges from SCllcr's point Of loading ro the dclivery address specified on the lace hereof. Delivery dates are approximate and are predicated on the prompt receipt by Scllcr )f all necessary infuriation and documcnwtion born Purchaser. 11. Unless Purchaser is authorized in disu the products delivered hereandcr pursuant to a writicn agtrcnrcnl with Salter. Scl Ica ag rtes that the produce iS supplied 10 Purchaser for Purchaser's internal use only. and Purchaser may not repackage, resell or otherwise distribute the pr0ducf to third parties wiahoul she express wrincrl consent of Seller. i. In the event that Purchaser and Seller engage in anv electronic transactions, including. but not limited to, CICCU'cmic Llaua interchange or facsimile exchanges, such electronic cxchwl,_cs shall be considcrCd a8 valid anti legally binding and shall he Subject to dtc terms and conditions of this Agreeincol. Brenntag Mid- South, Inc BRENNTAGANU 1405 Highway 136 W P.O. BOX 20 Henderson, Kentucky 42419 -0020 INVOICE BMS849813 INV DATE: 6/16/10 PAGE 1 OF 1 DUE DATE: 7/16/10 SOLD TO: SHIP TO: .CARMEL STREET DEPARTMENT CARMEL STREET DEPARTMENT ONE CIVIC SQUARE REFLECTING POOL CARMEL IN 46032 THIRD AVE_ 126TH STREET CARMEL IN 46032 FEDERAL ID 610504545 DATE SHIPPED: 6116110 TERMS NET 30 DAYS B/L 513420 -00 SHIP _W HS 2.9�_.SALESPRSN. -_2.94 "CUSTOMER 897255 u SHIP VIA: OUR TRUCK PKG CUSTOMER PO VERBAL FOB DELIVERED TAX EX# 0031201550 -020 UNITS SHIPPED PROD WGT /GAL TOTAL QTY UNIT PRICE EXTENDED 329.5847 365998 10.140 329.5847G 2.5000 823.96 1.0000 G BULK SOD HYPOCHLORITE 12.5. DRUM OFF -330 G POLY TOTE >A BLK PO #17572 FOR 2008 QUESTIONS, CALL 317- 898 -8632 REMIT TO ADDRESS: BRENNTAG MID SOUTH, INC 3796 RELIABLE PARKWAY CHICAGO IL 60686 -0037 MERCHANDISE 823.96 PAID ON OR PRIOR TO 7/16/10 INVOICE TOTAL 823.96 PAID AFTER 7/16/10 INVOICE TOTAL 840.44 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 VOUCHER N O. WAR NO. ALLOWED 20 Brenntag Mid -South Inc IN SUM OF 3796 Reliable Parkway Chicago, IL 60686 -0037 $1,553.02 ON ACCOUNT OF APPROPRIATION FOR Carmel Street Department PO# Dept. INVOICE NO. ACCT /TITLE AMOUNT Board Members 21432 BMS846551 43- 504.00 $729.06 1 hereby certify that the attached invoice(s), or 21432 BMS849813 43- 504.00 $823.96 bills) is (are) true and correct and that the materials or services itemized thereon for which charge is made were ordered and received except n Thursday, July 01, 2010 Street Co mis i er Street ComtP,, 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)) 06/10/10 BMS846551 $729.06 06/16/10 BMS849813 $823.96 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 2p Clerk- Treasurer