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187851 07/21/2010 „r CITY OF CARMEL, INDIANA VENDOR: 359475 Page 1 of 1 ONE CIVIC SQUARE HELENA CHEMICAL CO CHECK AMOUNT: $2,616.00 CARMEL, INDIANA 46032 98324 COLLECTION CENTER DR .o for CHICAGO IL 60693 -0983 CHECK NUMBER: 187851 CHECK DATE: 7121/2010 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 1207 4350400 736555550 2,616.00 GROUNDS MAINTENANCE (Liberty Center (IN)) Helena Chemical Co��Q 3073 S Main St Invoice 73655550 Liberty Center IN 46766 260- 694 -6926 Invoice Date 07/0212010 Bill To: CITY OF CARMEL BROOKSHIPE GOLF COURSE Due Date 08/1512010 12120 BROOKSHIRE PWY CARMEL IN 46033 Customer ID 3576723 Salesperson_.., 17090 Shipping Loc.!;. 1 Ship To: 12120 BROOKSHIRE PWY CARMEL, IN 46033 Ticket(s) 73644495 Comments: UPSed from Warrensburg, IL. I Quantity Description Unit Price Total 3.000 HGL Acelepryn (4x.5 Gal)(Hgl) 872.00 IHGL 2,616.00 Sub T otal. 2,616.00 j NOTE: By acceptance of the products or services reflected on this invoice, the purchaser agrees to be bound by I Amount Due 2 ,616.00 all the terms and conditions of sale set forth in this invoice, including those on the reverse side of this invoice. Remit To: Helena Chemical Company 98324 Collection Center Drive CHICAGO IL 60693 -0983 Recommendation Was Made By or Provided to the Seller. Yes No Invoice 73655550 CITY OF CARMEL BROOKSHIPE GOLF COURSE o TERMS AND CONDITIONS OF SALE LIMITED WARRANTY AND LIMITATION DF LIABILITY AND REMEDIES um| TED WARRANTY AND uW/TATmmOF LIABILITY AND REMEDIES It is undurstood anclagreed that the foilowing Conditions (if Sale and Limitation of Warrawy, Liability, and Romr-lies apply to purchases rnade by the pumhaser. A PRODUCTS OF OTHER MANUFACTURERS SOLD BY HELENA o THEIR THAN SEED Helena makes no warranty regarding products of other manufacturers sold by Helena and to the extent, if any. any warranty ur the manufacturer i"umshyits terms to the benefit of the purchaser, the purchager agrees to look only to the manufacturer as the sole and exclusive recourse P HELENA BRAND PRODUCTS OTHER THAN SEED The directions ror uu,o of Helena brand product are believed to be reliable and should be followed carefully. However, u/cimpoomm/o too|/minp/e all risks i^oemnuy,wnoiutoo with the use v,meprpuu� Crop u m ineffectiveness m result weamerrundu|upo.pnoso�epromarmami"ispr the manner v/ Use o, application, all or which are beyond the control or Helena nr the seller x|o agreed that all such risks shall be assumed bytho purchaser and user, Helena warrants that Helena brand products ccl ru to the chemical description on the label subject m the inherent risks referred to above. C6EEo Thp only warranty of Helena regarding seed is that !he seed coniorms to tha labol description an the date of the test shomi on the label. o. LIMITATIONS 0F WARRANTY, LIABILITY AND REMEDIES *ELENA MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED. CONCERNING THE ABOVE GOODS OR THE PROVIDING OF SERVICES, EXCEPT THE EXPRESS WARRANTIES SET FORTH ABOVE, AND HEREBY DISCLAIMS TO THE FULLEST EXTENT PERMITTED evAPPLICABLE LAW ANY IMPLIED WARRANTY nR MERCHANTABILITY On FITNESS opTHE GOODS OR SERVICES FOR ANY PARTICULAR PURPOSE OFIVVARRANTY AGAINST INFRINGEMENT, AND NO SUCH WARRANTIES SHALL GE IMPLIED ovILAVV OR OTHERWISE, TossxoI l REMEDY AGAINST HELENA FOR ANY CAUSE OF ACTION RELATING TO ANY RECOMMENDATION, SALE, *mwouwG, USE VP PERFORMANCE OpTHE ABOVE GOODS On THE Pnov|o/mGOr3snv|CsniSx CLAIM FOR DAMAGES AND |wwO EVENT SHALL DAMAGES VR ANY OTHER RECOVERY OF ANY KIND AGAINST HELENA EXCEED THE PRICE FOR THE SPECIFIC GOODS OR SERV[CESVkJ'HICH CAUSE THE Ai-LEDGED LOSS, DAMAGE, INJURY, OR OTHER CLAIM, HELENA SHALL NOT BE LABLE AND ANY AND ALL CLAIMS AGAiNS HELENA AR vvmvEo. FOR SPECIAL, INDIRECT INCIDENTAL, ORo0wSECIoEwr|AL DAMAGES OnEXPENSES oF ANY w^TuRE. INCLUDING BUT wOrI-im|TED TO,LOSS OF PROFITS OR INCOMES, AND CROP OR PROPERTY LOSS OP DAMAGE WHETHER OR NOT BASED ON HELENA's NEGLIGENCE BREACH OR WARRANTY, STRICT LIABILITY !N TORT OR ANY OTHER CAUSE 0F ACTION. NO LIABILITY HEREUNDER SHALL BE ASSERTED UNLESS ANY LOSS, DAMAGE, INJURY OR OTHER CLAIM IS REPORTED TO HELENA |wWRITING 10ATHIN THIRTY (30) DAYS AFTER DISCOVERY, AND THE FAILURE TO GIVE NOTICE TO HELENA OF ANY CLAIH'AliTHIN SUCH PERIOD SHALL CONSTITUTE Am ABSOLUTE UNCONDITIONAL WAIVER OR SUCH CLAIM, OWN USE AND USE aY THIRD PARTIES Purchaser agrecis that all products and service are purchased for punuhiser's own use. Tn the extent. i/ any, purchaser's Use orsucx products and services /s for or invorves -thers, purc:haser agrees that Ha|ena Condition of Saile Limited Warranty and Limitation vf Liability and Remedies miso apply /o Such third parlies,and purchaser vvili hold harri-ilessand indemnify Helena for any loss in. excess thereof. COSTS UFCOLLECTION /n the event puroi`ase, fails m make payment for the goods and services mc account may bm considered uyxe|mna.a/ its option tuuoin default and Helena may e|ort to declare any amounts outstanding due and payable. and the PUT-chaser shall be tesponsible for the payment of all costs of collection incurred by :e|ena.mmvmng expenses and enn000me attorney's fees in such event, v,m the event vr any vmer legal action vr other resolution proceeding, B>ND/N%C ARBITRATION It is agreed thatany controversy, claim, action or dispute arising Out of or 'he goods andior services provided hereunder, or the recommendation, sale, handling, 1-19Cor performance of cloods or services must be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbit Rule (the "Pulos'), beforeasingle arbitrator, who shall determine all issues of arbitrability and the scope of the procc. The Expedit�d Procedures prescribediby the Rules will apply in all cases, without regard to the amount in controversy, and any hearing(s) will ocoui at a location in Memphis, Tennessee, selected hy the arbitrator. The arbitration will ue governed b» the United States Arbitration Act, 8U�5C�§§1'1O. and judgment upon the anard.nf the arbitrator maybe entered byany court having jurisdiction of the parties and the subject matter, Substantive iSSUPb wili be governed by the 41* of t)e State of Tennessee Without regard m choice of law rules. The opst-, and axpensoso/ the arbitration, including the fees and expenses ufmponbhm,o,.mxi|hv bonne hy mapamoov,euicror the a.»|uulo/^`aydo-\anninem the award o'a supplement thereto, Tho arbitrator may awamsnyrcmauyorrn|iof.Including euu.ome .hv,meaf!Dnxitu,mu, not award any nnmcx;^' relief that iu|nconoimant with the forms ofm*appxoomoC'vmu Sales a,uoervlo,o* Agreement ur Credit Sales agreement oravothom.ix° contained herein. The AIu|vato, may apportion reasonable atiomeyn'feoo and expenses and witness tees and expenses between the parties or asSeSS Such figes and expenses of all the parties against one of thern as the arbitramr deems just and equitable upon terms not /novnoiulont with the terms mmnapplicable Credit Sales arid Services Agreement or Credit Sales Agreement oras otherwise contained herein Should ii of the tcrims or cond"tions of this Binding Arbitration paragraph conflict in any manner with the terms v(a" applicable Credit Sales, and Services xoncrmun/orC/euilSales CXOCLlted between Helena and I)Urrhamser, thc terms otsuch applicable Agreement shall control AGREED PAYMENT TERMS For cash purchasers, payment /m4v*a,the time v,o, before delivery v/ the product orservice. For credit-approved purchasers which have executed the appropriate Credit 8o|ox*3.vementor Credit Sales and Services Agreement, full payment for each item of product o,umvioe|n duo upon m� date orHelena's first monthly stiticiment reflecting such purchase, In the event the purchase price is not paid in full within 30 days from the clue date, a time price diffi (Fiwance Charge) will he assessed at the maximurn rate allowed by law and will be due on the unpaid balance from the date of the first monthly statement �necunuu,uxvu`ohasa until payment i* received |n full ux Helena and credited to customer's account, SEE REVERSE SIDE FOR ADDITIONAL TERMS AND oOmmnowSopo*/e, Should any term of this paragraph or clause conflict in any manner with the terms of a Credit SaIes Agreement or Credit Sales and Servicas Agreement entered between purchp.ser and Helena. the terms of such Agreement shall control. |n the event that advances are made uvpurchaser under a promissory note made by purchaser in favor of Helena for the purpose of paying any amounts owed by purchaser to Helena hereunder, their to the extent that any su(-.t) promissory note is Linen fc. ble andioruncolloolible, in whole or in part, by Helena or its assignee(s) for any reason the obligations of purchaser to Helena hereunder t would hive bpen satisfied usinq aiiy advancos under such promissory note, shall notbo vitiated, or morge-d into or sxnnou/v/`*ubra"ox promissory "otn.onu instead shall ueen{m cuamm and ';ouecum*mfuo pursuant x/ the terms xereof- VOUC HER NO. WARRANT NO. ALLOWED 20 Helena Chemical Company IN SUM OF 98324 Collection Center Drive Chicago, IL 60693 -0983 $2,616.00 ON ACCOUNT OF APPROPRIATION FOR Brookshire Golf Club PO# I Dept. INVOICE NO, ACCT /TITLE AMOUNT Board Members 1207 73655550 43 504.00 $2,616.00 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 Wednesday, July 07, 2010 --�tl Director, Brooks Club 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)) 07/02/10 73655550 Fertilizer $2,616.00 1 hereby certify that the attached invoice(s), or bill(s), is (are) true and correct and 1 have audited same in accordance with IC 5- 11- 10 -1.6 2a Clerk- Treasurer