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188593 08/04/2010 CITY OF CARMEL, INDIANA VENDOR: 359584 Page 1 of 1 0 ONE CIVIC SQUARE BRENNTAG MID SOUTH INC CARMEL, INDIANA 46032 3796 RELIABLE PARKWAY CHECK AMOUNT: $1,054.68 CHICAGO IL 60666 CHECK NUMBER: 188593 CHECK DATE: 8/4/2010 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 1125 4239000 23702 BMS856564 1,054.68 MISC SUPPLIES Brenntag Mid ,South Inc. 6 R E N NTAG 1405 Highway 136 W P.O. BOX 20 Tw Henderson, Kentucky 42419 -0020 JUL 0 2010 INVOICE BMS856564 INV DATE: 6/28/10 PAGE 1 OF 1 DUE DATE: 7/28/10 SOLD TO: SHIP TO: CARMEL CLAY PARKS RECREATION CARMEL CLAY PARKS MAINT 1411 EAST 116TH STREET 1427 E. 116TH STREET CARMEL IN 46032 -3455 CARMEL IN 46032 FEDERAL ID 610504545 DATE SHIPPED: 6/28/10 TERMS NET 30 DAYS B/L 526482 -00 SHIP WHS: 29 SALESPRSN: 296 CU'Sl'OM;?,R '78'7843 SHIP VIA: OUR TRUCK PKG CUSTOMER PO 23702 FOB DELIVERED TAX EX# 002423120 001 3 UNITS SHIPPED PROD WGT /GAL TOTAL QTY UNIT PRICE EXTENDED 12.0000 76827 9.700 179.3820G 3.4406 617.18 14.9485 G -PDRM MURIATIC ACID 20 DEC >A RPK DEPOSIT: 25.00 Purchase Description h y P RUC f l�� C..AG 1 P.O.# a c G.L.# 11 �15 -4 a3g00c) z Budget Lute Descr 44 r m Purchaser pate Approval Date QUESTIONS, CALL 317 --898 -8632 REMIT TO ADDRESS: MERCHANDISE 617.18 BRENNTAG MID SOUTH, INC CONTAINER DEPOSIT 300.00 3796 RELIABLE PARKWAY CLEANING CHARGE 60.00 CHICAGO IL 60686 -0037 FUEL SURCHARGE 52.50 INS SEC SURCHARGE 25.00 PAID ON OR PRIOR TO 7/28/10 INVOICE TOTAL 1,054.68 PAID AFTER 7/28/10 INVOICE TOTAL 1,075.77 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 Cori icting Provisions Sellers trans and conditions stated in this Document "Terms and Conditions') shall he deemed controlling notwithstanding any prior or Subsequent purchase order or similar docmncnt from Purchaser. Purchaser by taking delivery Of Lill or Lilly portion Of the items shown Lin the rOvicese side shall be conclusively deemed to have accepted mid 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. Occupation, license. excise and other taxes and fees in respect of manufacture, sale, storage. consumption or delivery, Lill Of which shall he paid by Purchaser. The purchase price I'or all items is payable in lawful money ol'the United Slates. Acceptance by Seller of drafts. checks or other media of payment will be iliay sinnal only and subject to immediate collection of the lull face amount thereof'. Seller reserves the right to charge a late fee and/or interest. if Purchaser fails io make any payments to Seller when same become due. 3. DeliverylFoice Ma,jeure Delivery of goods to the Purchaser's location shall C011AIlUta delivery to the Purchaser, and till risk of loss ord.unage shall thereupon pass to and be assumed by the Purchaser, Any time or date stated for dClivcry is au "I mate only and the Seller shall not he liable htr failure io deliver at the specified time or on the Specified date, 1101 shall such failure nn She part of the Seller be deemed to he a breach of this Agreement or any terms and conditions or part thereof. Purchaser .shall not he entitled to cancel or rescind this sate nor Shall Seller he liable in damages or Othnrwisc, in the case Of delay or impairment or failure of performance by Seller by reason of causes heyOrd Sellers control, including, mithcx11 limitation, clairIS of Bute ulajeurc by Seller's suppliers. Strikes, labor difficulties. shortages of labor fuel. power, materials or Supplies, inability 10 obtain shipping space, nansporttion delays, ire, floods, accidents, riots, acts of God, wan governmental interference or embar_o. In any Such event. Seller reserves the right. in its sole discretion, to ahocate its inventory between Purchaser and Seller's other customers, and Purchaser waives any right to assert a claim against Seller therefor. 4. Suspension ol' Cicdit or Shi ml trim Seller may at any lime alter or suspend credit to Purchasei. stop shipment 10 Purchaser in transit, Or delav or refuse to Ship to Purchaser. or cancel army Or all unfilled orders whoa, in Seller's .sole opinion: a1, the financial condition of Purchaser is unsatisfactory to Seller b. delivery is delayed by the fault of Puchaser, C. Purchaser is delinqucni in payment of any obligation owed to Seller, or d. sale of products or materials to Purchaser may result in environmental, safety or hcallh danger or hazard. 5, Warranty Seller warrants that the products or materials delivered hereunder nice[ the standard specifications Of the manufacturers) for the products or such other specifications as may have been expressly agreed to in writing by Purchaser and Scllcr. SELLER MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING. WITHOUT LIMITATION. ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Dclermination of the Aui(abilily of the Pioducl supplied hereunder for the uses and appli- cations contemplated by Purchaser and others shall be the sole responsibility of Purchaser. Purchaser assumcS Lill risk and liability resulting from the handling, use, storage or resale of the products delivered hereLlndC1' whether used, handled, stored or resold singly or in combination with other products, and Purchaser agrees to indemnify and hold Seller harmless against any and all loss, damages, liability, cosi and expense (including reasonable aftorneys' fees), arising out of such use, handling, storage 0r reside Seller assumes no obligation or liability for the technical advice given by Seller with reference to the use Of the PI'0dl1CtS or results obtained therefrom, and all Such advice is given and accepted of Purchaser "s risk, 6. LIMITATIONS OF LIABILITY a. PURCHASER HEREBY WAIVES ANY CLAIM AGAINST SELLER FOR CONSEQUENTIAL_ DAMAGES. LOSS OF OR DAMAGE TO GOODWILL OR ANY OTHF,R SPECIAL. DIRECT. INDIRECT OR INCIDENTAL DAMAGES. EVEN Ili SELLER IiAS BEEN ADVISED OF OR HAS NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND PURCHASER'S EXCLUSIVE REMEDY WITH RESPECT TO ANY CLAIM, WHETHER IN CONTRACT. TORT OR STRICT LIABILITY OR OTHERWISE. IN RESPECT OFTHE PRODUCTS SOLD HEREUNDER SHALL BE EXPRESSLY I- IMITI -D TO'THEAMOUNT OP'I'I IE PURCHASE PRICE_ OF SUCH PRODUCT OR THE REPLACEMENT OF SUCH PRODUCT. b. FAILURE f! Y PURCHASER TO GIVE WRITTEN NOTICE OF SUCH CLAM TO SELLER WITHIN 30 DAYS FROM THE DATE OF DELIVERY01 SUCH PRODUCT SHALL CONS'T'ITUTE A WAIVER BY PURCHASER OF ALL CLAIMS IN RESPECT OF SUCH PRODUCT. NO PRODUCT SOI -D HEREUNDER SHALL BE RETURNED TO SELLER WITHOUT SELLER'S PERMISSION. NO CLAIM SHALL BE ALLOWABLE AI'I'ER ANY SUCH PRODUCT HAS SEEN PROCESSED IN ANY MANNER, 7. Containers/Cylindcrs a. All returnahle contilners and cylinders remain the property of the Seller and must be returned to Seller. h. Container and cylinder deposits will be forfeited i[ are nor returned within 90 clays ol 'shipment. nnless otherwise agreed it) in writing by ScIlen In addition to the ftnrleiutre of piny Such depos Purcha m it. ser shall remain liahle for an amount equal to the difference of ce between the deposit and the replaceent cost an et y returnable container or cylinder which is not returned to Seller. C. Purchaser agrees to accept full responsibility and liability for the disposal of non returnable containers and cylinders in strict compliance with all laws and regulations. cf. Purchaser shall indemnify and hold Seller harmless against any claim, loss, damage or expense at from Purchaser's handling, use, storage of disposal of any container or cylinder. C. Seller reserves the right to charge Purchaser with demurrage for any returnahle container or cylinder: Rcmrrcd Matrrial No credit will he issued for material returned unless Seller has given written consent m such return. All returned material is subject to a restocking charge_ 9. Credits Any credit issued by Sclla' lu Purchaser, nnav only he applied against the ftt¢e purcimse of PrOduCIS by Purchaser and will not be, paid in cash. Ally Such credit will expire one year after the date of issuance, and Sellar will have no obligation with respect thereto in the event (halt Purchaser dOcS not apply the credit against the cost of Product purchased by it prior m such expiry date. 10. General a. Thi Document shall not pie assignable in whole or in part by Purchaser without the prior wriue.n consent of SCllef. b. Unless stated to the contrary elsewhere in this DOCUIIen(, no action. regamdless of form, arising otn of lie sale or delivery of product hG'ennder, may he comnhcncod more than one year after the causO 01' action has accrued, except that Lill action for nonpaymew or for lailure In return containers and cylinders may he brought at arty time. C. Seller's waiver of anv breach, or fanfare to enforce arty of the terms and conditions of this Agreement, al any time, shall 1101 in any way affect. limit or waive Scller's right there r1fcr Io etrorce and compel strict compliance with each and every term and condition hereof. The acceptance by the Scllcr of any payment after the speciFwol duc date shall not constitute a waiver of ale Purchaser's obligation [o make further payments On the specified dales. J. This Agreement shall be governed by and cuforced in accordance with the laws of the state in which the Seller's corporate office is located withou reference to its confliCl of law rules. Purchaser by laking delivery of all Or any itcnhS shall he conclu.Sively deemul to have conserved to Personal jtrrisdiction in the ahovc- mentioned stale. C. The terms and conditions herein constitute the entire agreement helween Seller and Purchaser and nnay not he modified Or anhended except by a writing executed by an auhol zed officer of Scller and no modification shall be effected by the parties' course of dealing or the acknowledgment or acceptance of purchase order forms containing terms or condi- tions in addition to or at variance with those act forth herein, f. if any provision or provisions of [his DOeunlent shall be held to he illegal Or unenforceable the legality and enforceabilify of the remaining provisiouS shall not in any wily be affect- ed Orinipaired. t Products shall be delivered uh Purchaser as indlcmed on the Glee IlercoF, and Unless otherwise indicated, Purchaser shall be responsible [or the payment of all freight and transportation charges from Seller's point of loading to (hee delivery address specified On the thee hereof. Delivery dales are approximate and are predicated on the prompt receipt by Scller of all neccsslav information and dOCUmcnlalion from Purchaser. In. Unless Purchaser is authorized (o distribute the prOducls delivered hereunder par Secant to a wrirtGt agreement with Scllcr, Scllcr agrees that the product is supplied to Purchaser for Purchaser's' ilucin :d use only, and Purchaser may not repackage, resell or otherwise distaibute the product to third parries without the express wriucn consent of Seller. i. In the Cvent that Purchaser and Seller engage in any electronic transactions, including, but not limited to, electronic data interchange or facsimile cschanges, such electronic exchanges shall he considered as valid and legally binding Sul shall he subject to the terms and conditions of this Agreement_ ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL An invoice of bill to be properly of hours, rate per hour, itemized nu of units, price per etc. dates service rendered, by whom, rates per day, number Payee Purchase Order No. Terms 359584 Brenntag Mid South, Inc. 3796 Reliable Parkway Chicago, IL 60686 -0037 Invoice invoice Description PO Amount Date Number (or note attached invoice(s) or bili(s)) 23702 1,054.68 6128/10 BMS85656 H drocholoric acid Total 1,054.68 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 20 Clerk- Treasurer Voucher No. Warrant No. 359584 Brenntag Mid South, Inc. Allowed 20 3796 Reliable Parkway Chicago, IL 60686 -0037 In Sum of 4 1,054.68 ON ACCOUNT OF APPROPRIATION FOR 101 General Fund PO# or INVOICE NO. ACCT #/TITLE AMOUNT Board Members Dept 2370 F BMS856564 4239000 1,054.68 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 29-Jul 2010 Signature 1,054.68 Accounts Payable Coordinator Cost distribution ledger classification if Title claim paid motor vehicle highway fund