187763 07/21/2010 CITY OF CARMEL, INDIANA VENDOR: 361104 Page 1 of 1
ONE CIVIC SQUARE CYBEX INTERNATIONAL INC
i CHECK AMOUNT: $160.80
CARMEL, INDIANA 46032 Po BOX 8500-1401
PHILADELPHIA PA 19178 -1401 CHECK NUMBER: 187763
CHECK DATE: 7/21/2010
DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION
1096 4237000 716702 160.80 REPAIR PARTS
0
LCYBEY Global Headquarters Remit to:
10 Trotter Drive Cybex International, Inc. INVOICE
Cybex International, Inc. Medway, MA 02053 P.O. Box 8500 -1401
(508) 533 -4300 Philadelphia, PA 19178 -1401 Page: 1 of 1
(508) 533 -5500 fax United States
Sold To: City of Carmel Ship To: City of Carmel Invoice Information
1411 East 116th Street 1235 Central Park Drive East Invoice Date: Jun /11/2010
Attn: Michael Klitzing Carmel IN 46032 Invoice: 0000716702
Carmel -Clay Parks USA
Recreation Customer No: CYB0032037
Carmel IN 46032 Payment Terms: Net 30
USA Due Date: Jul/11/2010
Bill To: City of Carmel AMOUNT DUE: 160.80 USD
Colleen Broderick
1235 Central Park Drive East
Carmel IN 46032
Shipment Informatian
SUN
21 2010 Date Shipped: Jun /10 /2010
Sales Order No: SVCO502522
Purchase Order No: MC001047
Pro No: 125638020354895000
Carrier: United Parcel Service, Inc.
Ship Via GROUND
Freight Terms: Prepaid
Line Product No. Description Quantity UOM Unit Amt Tax Net Amount
1 9101 -002 CABLE SA 1 -00 EA 52 -50 N 52.50
2 GB000202 Belt, .95 Wide 15.00 FT 6.72 N 100.80
3 OWTPRTFRT Shipping and Handling Charge 1.00 EA 7.50 N 7.50
Subtotal: 160.80
Subtotal (Sales /Use): 0.00
AMOUNT DUE: 160.80
Order Entered by Mike Cincotta
Part number provided by customer
Purchase
Description i
P.O. MC'a P
Budget JUL-'
u,
Line Descr t r
Purchas Date o
App roval BY:
BUYER ACCEPTS AND AGREES TO PRICES, SPECIFICATIONS, STANDARD TERMS CONDITIONS OF SALE,
INCLUDING WARRANTY TERMS ON THE REVERSE SIDE OF THIS DOCUMENT, TOGETHER WITH ALL
ATTACHMENTS HERETO.
CYBEX IN'T'ERNATIONAL, INC.
STANDARD TERMS AND CONDITIONS
1. SPLLLER'S TERMS TO GOVERN: This document, whether designated as a quote, offer, 9. CANCELLA'1'10N or A l FERATfON. No order Wray he canceled or altered after the
or sales acknowlodgment, is an offer to sell made by C'ybex .International. Inc. "Cybex" or mailing of the sales acknowledgment unless agreed to by Seller. Cancellation or alteration of
"Seller "j. Acceptance is express[y linnied W the terms of Cybez s comae and in the event orders, if agreed in writing; by Seller, will obligate Buyer to pay to Seller a handling charge
that €iuyer's acceptance mr other response hereto stares tenns additional to or different from of 25% of the sales order amount plus any and all expenses incurred and damages sustained
those set forth herein, this document shall be deemed a noticee of objection to such additions€ by Seticr to return the product to the point Of rrianufastnrc. C:ustoma orders obliga€e Buyer to
or di nen€ teens and rejection thereof_ pay Seller 100% of the sales order tnrmnn plus any and all expenses sustained by Seller to
2. 1 Priccs shown on quote are Seller's prices in effect on shat date and are Shown in return the product to the point of ,nanUfau tore. Seller will make every reasonable effort to
U S. dollar. Quotes shall expire in thirty (30) days Unless otherwise noted thereon. Verbal ship by the estimated date, but failure to do so shall riot he cause for cancellation.
price representatianS cannot supersede a s+ritten price quote. Seller rescrves the right to M RF MRN13D GOODS: When agreed to by Seller in writing, Buyer may return products
correct any cicrical or mathematical errors prior to Buyer acceptance. Shipmenns will he with a Return Authorization Number, obtainable by writiug to Cybex International, Inc.,
bdlvd at prices stated on accepted orders unless dela have been initiated or requested by Attn: Customer Service Department, 10'froiter Drive, Medway, MA 02053 of by calling
Buyer whic!) shall entitle Seller to any and all additional costs and expanses renrhing from the Customer Service Department at 1 -888 C.0 YBFX. Buyer's failure to obtain this
the delay. Return Authorizatim Number will prevent Seller from being liable whether or not the
I. 1 °AXES AND DUTIES: 13re price does not include any federal, state or local taxes, product is accepted by Seller's receiving dock. Buyer must Ship if[ returned products freight
:iS Ucssnneuts or duties. 'f errfore, in addition to the price suited herein_ any applicable salcx, prepaid.
Use or cnhcr taxes and government charges imposed by any governmental body upon the 11, PRODUC"i' CHANGES. Seller reserves the right to change or revise spcciticat urns and
uansaction shall be an additional charge and shall be the r>nslxnnsibitity of the Buyer, unless product design in crnluection with any feature of Seller's products. Such dnaltgcs do not
die Buyer is exempt from such taxes and the Scller receives the Buyer's Certificate of entitle Buyer to eorrespondiog chtuges, innprovernenis, additions, or replacements for
�x mptio❑ p6orioshipmertt, product previously sold or .shipped.
d. 'PJZ,% all' P,1YME.NIf; Unless the Sellers credit department has given the Buyer its 12. INDEMNIFICATION BY NON-CONSUMER. BUYERS: Non- consuuner Buyers agrce
ImRs written approval the terns of payment are as they appear at the top of the quote or to and do hereby indemnify and hold harmless Seller against all costs and expenses,
galas order doom lows. Seller reserves the right to require; full or partial payment in advance including atto mey's fees, damages, liabilities and ,judgments for personal injuries, including
of any shipment, or other Inaymeni amrngemenis whenever, in its judgment, the financial death, resulting from the use or misuse of Seller's products, the Buyers failure to provide
contrition of Bu yer does not justify shipment of the goods on the aeons specified. If payment adequate instructions to individuals using the products, fuiture to provide required Ixoduct
on tare; g000ds io Seller is in alreahs. Seller shall have the right and option to withhold rnaiutenance, and/or fuiltrre to bolt prroduct as provided ire Seller's Owners Manual, however
ivarraruy rights, as outlined in the Cybex written Limited Wamamy pertaining to each caused or alleged to have been caused directly or iiadirechy by Buyer, its agents, oltirers,
product of service sold or provided hereunder {the "Limited Wm or to withhold directurs and employees.
service and pars. If Buyer does not make payment(s) when due Seller may tlaclure ail 13. AMENDMENT, MODIFICATION or SUBS This docuirnent, together with
invoice sanounts due and payable; without notice to Buyer and shall have the right to charge a the Limited Wattanty, shall contain the entire agreement between the panics. Any
finance ice of I !`i (or the highest rate allowed by law, if less) per each 3O day period, or modifications thereof must be in writing and signed by Seller. No prior dealings of the
part thereof, for any invoice. that is past due, Should Seller commence any action(s) or parties or trade custom not embodied herein shall alter the interpretation or enforcement of
o±h.rovise suk to enl €nrce this agreement against Buyer, Buyer agrees to pay all attorney (s) this contract.
count and other collection expenses incased by Seller, whether or not a law suit IS filed. 14. DISCLAIMER OF WARRANTIES ANT) LINTHWFION OF REMI DIIIS:
All diSpkres arising under this chnctrment shall be governed by Ilse law. of the State of SELLER MAKE'S NO IVARRAMHES, F.XPRL" OR IMPLIED, WITH REGARD 70
S- l:hssat:husetts. GOODS OR SFRVICFS PROVIDIJ) RY SELLER o7'111-4? TIfAN 7FIOSt: SET FORM IN
SIi1PMl Nrr': All products are shipped F O.B. from origin, tnnlc s otherwise specified. THE APP11C'ABLE LIMITF�D YVARRArVTY BUYER SHOULD CONSt)1J'77IF LIMITED
Iiowevar, if Buyer fails to make full payment as required, title Shall revert to Seller upon 1VARRANTY FOR 7HF I'ERAIS. CONDITIONS AND 1JAIIIA770NS° OF 771E UPRES,S
default b Buyer, Buyer is responsible fill any loss or damage to shipments after leaving the 1N,ARRANT'Y PROVIDED IlF'RC"1hVVf:R. BUYER ACKN'0tVLt..DGES AND ,AGREES
point of matutfacture. Buyer is responsible for recording any shortages, damages or losses 77IA7' BUYER HAS RECEIVED A COPY OF 771E fJA1lY'f D IVARRAN7'Y APPLIC.'ARI F'
nn the. De!ivery Receipt at the tinnc of delivery. A copy of Buyers Delivery Receipt must be, TO THE PRODUCT OR PRODUC "IS PURCI ASED HFREUNDFR. ADD177ONAL
lixwardccl to tho Cybex Customer Service Depaunnent, :it the address identified in paragraph COPIES OF 771E LhWl7E'D 1VAR o:IN7Y AIAY RE OBTAINED BY L;AIIJNG CYBEX
10 hereof. vtiaen damage or losses are claimed. All concealed damage, or damage not C(.57'OMER SERVICE 7'OLI.FREH'A] 1- 888- GO- CY8EX,
appanml until th,; equipment is unpacked and examined, must be reported to the Cybex NO PERSON hIAS ALITIiORITY TO MAKE ANY ST,ATFMF'N7S ABOUT YHE
Customer Novice Department at the address or telephone number identified in paragraph 10 PRODUCTS SOLE) 11GREUNDER AND SUCH STATEMENTS DO NOT CONS7lJ' !TE
hereol' within 48 hours of delivers All conccalcel damage claims must be made within tVARRAN77ES, SHALL NOT BE RELIED UPON BY 7`11H BUYER, AND ARE NO7' 1'AR7'
I tecn (15) days from tlhO delivery elate- Buyer is responsible for notifying the Carrier to OF TIfESE .STANDARD TERMS AND COND1710NS, INCLUDING 711E LIrt117l,'D
perfimmli an inspection of the damages before the close of business on the rifteemth day after WARRANTY INCORPORATED HERE ALL WARRANVES 071-1F,R THAN THE
delivery. All packaging materials must be kept available by Buyer for the inspection, Failure R'ARRAN'171:'S EXPRESSLY PROVIDED HFRFJA' AND IN 711E LIMITED 1VARRAN J'Y
ten ropon a concealed damage claim as outlined above will affect Buyer's ability to fully ARE' SPECIFIC'AILY hXC'LUDFD, IN HIE CASE OF NON'- CONSUMER BUYERS, ALL
rcco cr damages Born the Carrier and will result ill Buyer assunning any casts incurred for IMPLEED WtRRA<VI7 S OF M1- oR FlnvFSS F012 :1 PAR71CUL9R
eplaci rig or repairing the damage PURPOSE ARE HEREBY DI.SCLAIMF'D.
6, BIDS AND PERFORMANCE; BONDS: Any or all administrative and handling charges IN TILE CASE OF CONSUrtIl. R 1DUf IRS, THE DUPsA7'lOrti' Of- All, IMPLIED
drat may occur over and above (lie prices quoted will be assumed by Buyer_ WARRANFIES OP' MERCHAN7AJ311.FFY OR FIINESS FOR A PART 1CULAR PURPOSE
INSTALLATION. Buyer is responsible for installation of the equipment, except as 1.5 LIMErf -D TO 'PIH; DURA770N OF THE FXPRL: LVARRAN77ES PROVIDED
other,vise provided herein or requested by Seller. Installation includes unpackine, asserrtbly HERF.1NaNDIN71M. APPLICABLE' UM17FD IVARRANTY
and as operational check of the equipmelt. IJrdess otherwise specifically provided in SEIJ,FR 471J,. fVOT BE LIABLE FOR ANY DIRECT OR INDIRECT;
writing- Buyer has full responsibility for assuring the Carrier places the equipment in its final CONSEQUEA,'[7AL OR IA'CIDENTAL DAMAGES, LOSSES, OR EXPENSES,
use fo::atian. Shipping and handling charges cover trucking and placement of equipment in IrAYT %I)NG, BUT' NOT LIMITED TO COr'ViMERC1AL LOSSES, BUSINESS
,Unv pJdeteruinetl location in your facility or horn 1 ever 16 it .et costs :end I V7FRRUP77M OR DA,4AGF 70 PROPE'RT'Y OTHER TFIAN TH' 1'R0D(;'C1 OR
expenses incurred m a reside of deliveries requiting the Went to be carried more than PRODUC7SSOL) HEREUNDER.
[U] feet front the closest point accessible try a cornmerc�l�te No o Crnnsurncr Buyers: Some States do not allow limitations nn how long an
etlurriig the rr,e� of a hoist, other special equipment, services or addiiiom l manpower. unplied warganty E,tsts, so the above limitation may nix apply to you. Some States do riot
1i €stailation doeS not inc[ude the auchoring of product. he. Ter rs es o msh ere or an o €rig. art ow"flte ,exclusion or limitation of incidental or consequential damages, s4 the above
Buyer will assurne all costs and expcnL�es associated with transportation, storage, manpower, iirtgkn;icm yr exclusion may not apply to you. This wuramty gives you specific legal rights,
and wailing tome fir Ilya equipment that is delivered to c, t you may atso have other rights which vary fro €n State to State.
current b accepted for any re >SOn. {s; I5.I-1Mt RN ATIVE DISPUTE RPSOLU'lION FOR N0N- CONSU!y1LR BUYERS
S. DELIVIARY Any delivery date slated under this contract hs the SeJ rs best estimate aril ONI S:
is based upon I?iompt receipt mi all nc ecesary infornn r; i rl Im iSE11ER `RESERVES THE RIGHT' TO MANDATE: AL'IFRNA77VE DISPTJTE
makes no gumantee of delivery by such date and shall have no liability or other obligation RES(JL1 TO SMILE ANY OR All, C'LAI6IS RIS'ULTUVG FROM THLS SALES
Jill f,tilme to deliver on such dare, regardless of cause, unless expressly stated otherwise. TRANSAC'T'ION. ALTERNATIVE DISPV7'P,' RESOLUTIOA' PR0CEF-0bVGS IVIL BE
Seiler shall have no liability or other obligation hereunder if its performance is delayed or CONDIIC°IEIJ 111V THE S7;17'E OF MASSACHUSF_'17N ACCORDING TO THE
prevented to any extent by any event such as, but not limited to, any act of Cod, strike or COA MERCIAL RULES OF711EAMERICAN ARBTFRA77O,S':1SSOClA770N.
work stoppage, fie, flood, accident, allocation or other controls of the Government It is understood between the paities that damggc to the product, ineffcctivcacss of the
authorties, shortage of transportanou, fuel, material and labor, of any other cause beyond the product, Or other unintended consequences Way restdt beeaUSe of many factot,s including the
Scllu`s reasonable control. ma,nnu of use or application of the product, all of which fur beyond [lie control of €he Seller.
All Such risks shall be assumed by the Buyeei.
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.
361104 Cybex International, Inc. Terms
P.O. Box 8500 -1401
Philiadelphia, PA 19178 -1401
Invoice Invoice Description
Date Number (or note attached invoice(s) or bill(s)) PO Amount
6111!10 716702 Fitness machine repair 160.80
Total 160.80
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
Voucher No. Warrant No.
361104 Cybex International, Inc. Allowed 20
P.O. Box 8500 -1401
Philiadelphia, PA 19178 -1401
In,Sum of
160.80
ON ACCOUNT OF APPROPRIATION FOR
109 Monon Center
PO# or NVOICE NO kCCT OiTITLI AMOUNT Board Members
Dept
1096 -21 716702 4237000 160.80. 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
15 -Jul 2010
Signature
160.80 Accounts Payable Coordinator
Cost distribution ledger classification if Title
claim paid motor vehicle highway fund