188357 08/03/2010 CITY OF CARMEL, INDIANA VENDOR: 359475 Page 1 of 1
ONE CIVIC SQUARE HELENA CHEMICAL CO
CARMEL, INDIANA 46032 98324 COLLECTION CENTER DR CHECK AMOUNT: $625.00
CHICAGO IL 60693 -0983
CHECK NUMBER: 188357
CHECK DATE: 8I3l2010
DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION
1207 4350400 73655855 625.00 GROUNDS MAINTENANCE
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i,
(Liberty Center (IN)) Helena Chemical
3073 S Main St Invoice 73655855
Liberty Center IN 46766
260- 694 -6.926
Invoice Date 07/21/2010
Bill To: CITY OF CARMEL BROOKSHIPE GOLF COURSE Due Date 08!1512010
12120 BROOKSH IRE PWY Customer ID 3576723
CARMEL, IN 46033.
i.
Salesperson 17090
Shipping Loc. 1
Ship To: 12120 BROOKSHIRE PWY j
CARMEL, IN 46033
I Ticket(s) 73644748
Comments:_UP_Sed from Watervliet, MI.
Quantity Description Unit Price -Tots!'$
5.000 GAL Goemar MZ 'O' (2x2.5 Gal)(Gal) 125.00 /GAL 625.00
Sub Total 625.00
NOTE: By acceptance of the products or services reflected on this invoice, the purchaser agrees to be bound by ,Amount Due 625.00
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 73655855
CITY OF CARMEL BROOKSHiPE GOLF COURSE
TERMS ANDCONDITIONSOFSALE L|MITEDWARRANTY AND
LIMITATION QF LIABILITY AND REMEDIES
uMnso WARRANT v AND uWrarmmor LIABILITY AND PeMFo/En
It s understood arid agreed thw the foliowing Cond:tions of Sale and Lifnitation of Warranty, Liability, and Remedies apply to purchasea made by tire purchaser.
x. PRODUCTS OF OTHER MANUFACTURERS SOLD BY HELENA OTHER THAN SEED
Helena makes no warranty mgard)ng products ,dmwnr manufacturers sold by Helena and to the extent, if any, any wmra"h ofmc mmnohmmmr inures by its
terms to the benefit of the purchaser, the purchaser agrees to look only to zhe manufacturer as, the Sole and exclusive recourse.
B. HELENA BRAND pRooUCTs OTHER THAN SEED
The directions for use of Helena brand products Pre believed to be reliable and Should be followed carefully- However, it is impossible toeliumnate all risks
mherently associated with the use of the products. Crop injury. ineffectiveness or criner unintended consequences may result because 01 such factors is
we�Iher conditions, presence of other materials or the manner of use or application, ati of which are beyond the control of Helena or the seller. uiu agreed thmt
n1l sucil fisks shalf be assumed by the purr.haser arid user- Helena warrants hat Helena brand products conform to the chernical description on the label
to the inhe�em risks referred mabove.
c�_5sEo
The only %varranty of Helena regarding seed is that the seed conforms to the label desc an the date of the test shown or) the label
oLL/1A|TATmwooF WARRANTY, LIABILITY AND REMEDIES
HELENIA MAKES NOArARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, CONCERNING THE ABOVE GOODS oFt THE.
rnov/o/moop SERVICES, EXCEPT THE EXPRESS WARRANTIES SET FORTH ABOVE, AND HEREBY DISCLAIMS TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW ANY IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS OF THE GOODS OR SERVICES FOR ANY
PARTICULAR PURPOSE ORWARRANTY AGAINST INFRINGEMENT, AND NO SUCH WARRANTIFS SHALL BE IMPLIED BY LAW OR OTI IFRVVISE
THE EXCLIIiSIVE REMEDY AGAINST HiELENA FOR ANY CAUSE OF ACTION RELATING TO ANY RECOMME NDATION, SALE, HANDLING, USE OR
PEIRFORMANCE OF THE ABOVE GOODS OR THE PROVIDING OF SERVICES IS A CLAIM FOR Di AND |NNn EVENT SHALL DAMAGES OR
ANY OTHER RECOVERY OF ANY KIND AGAINST HELENA EXCEED THE PRICE FOR THE SPECIFIC GOODS OR SERVICES WHICH CAUSE THE
ALL-EDGED LOSS, oAmmse,|w^ux,.0nOTHER CLAIM. HELENA SHALL NOT BsLIABLE AND ANY AND ALL CLAIMS AGAINST HELENA ARE
VVA:VFD, FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR EXPENSES, OFANY NATURE. INCLUDING BUTNOT LIMITED
TO �O3SDrPROFITS OR|NCOmFS, AND CROP On PROPERTY LOSS 0R DAMAGE, vv*eTnERnR NOT BASED Om HELENA'S NEGLiGENCE
BRE�CHOR WARRANTY, STRICT LIABILITY |M TORT Dp ANY OTHER CAUSE OFACTION
NO LIABILITY HEREUNDER SHALL BE ASSERTED UNLESS ANY LOSS, DAMAGE, INJURY OR OTHER CLAIM IS REPORTED TO HELENA iNWRI TING
A"ITHIN THIRTY (30) DAYS AFTER DISCOVERY, AND FHE FAILURE TO GIVE NOTICE TO HELENA OF ANY CLAIM WITHIN SUCH PERIOD SHALL
CONSTITUTE xw ABSOLUTE umCnmo|T/OwAI vvA|venon SUCH CLAIM.
OWN USE AND USE e, THIRD PARTIES
Purchaser agrees ,hat all products and servicec are purchased for purchaser's own use, Tn the extent, any, purchaser's use. zr such rmducto and services io
for or involves others, purchaser agrees 11hat Helena Condition of Sale Limited Warrantyand Limitation of Liability and Remedies also apply to suct) third
mank`,S, and pUrchiser will hold harnilos ii idemnifly Helona for any Loss in excess thereof.
COSTS OrCOLLECTION
In a event purchaser fars to make payi for the goods—rind services, the accoLint n)ay be considered by Helona, at ils option to be in default arid Helena
may Hlect to der-lare any arnounts outstanding dLJe and payable, and the purchaser shall be responsible for the payment Na|/ costs m collection incurred hy
Helena, Including expenses and reasonable attorney's fees in such event, or in the, event of any other legal action or other resolution proceeding,
BINDING ARBITRATION
li is qcreed that any con!roversy. claim,arfion or dispute, arising ouT of or the goods and/or services provided heredn(10f. or the re0onlrylendition, ,)IC% handlmq
use or performance of goods of services Inusi be resolve(] by binding arbitration administered by the American Arbitration Association Linder its Golmrfluf�A!
Arbitration Rale (the 'Rules"), betore a arbitrator, who Shall det(rTnine all iSSLIOS of arbilrability and the scope of the proceedings, Thic Expedited
pr, the Rules will app|yin all cases. without regard to the amount in controversy, and any hearjng(s> will occur aL a location in tvll;mph s,
Te! se!ect,'A by the arbitrator. The arbitration will be governed by the United States Arbitration Act, 9 U.S.C. 110 and judgment upoo the asmrdm
me arbit"rator maybe eriterod by anv court having urisdiction of the pariiesand the subject matter- Substantive issues will be govemed by the Iaw ofthe Stato of
7emmssorwdxnutm�ardmcho|cenf law rules. The costs and exfpenses of the arbitration, including !he fees and eypenses, of 4he arhitraior, vvill b� bo,no I-,
the parnes or eiiheir of theru an the arbitrator ma determi in the award or a suppiernent thereto, The arbitrator miy award any reinedy or relipl, in�uxfinq
ouu/m:|e�mudieo.bmmeu7b/uF�rilo, may "o^pwnrdonymme:ynrreoo,meu|o.nconmge�m m �m
w.�x*|vrov/m»p|icaoCn:o�Sa|esan�/Ser/ce�
^gmomomo/CrodKSa)unaQmemen'o'as�6*nv|se contained herein. ThoArbiomu,r may apportion reasonable attom*yo' lees and e^penocnangwiv`asn
fees and expenses between thepartics orassoss such fees and expenses of all the parties against one of them as the arbitrator deemsJust aod eql,flable upor,
tcrins not Inconsistent vvith tho torms of the applicable Credit Sales and Services Agreement or Credit Solos Agrect-nent or is otlherw contained herein.
Should any of the terms o( conditions of thi. BindingAiNtiation paragraph conflict in any manner with the ferrns of an applicable Credit Sales and Seniii;es
Agreement or Credit Sales Agreement as executed between Helena and purchaser, the terms of such applicable Agreement shall control.
AGREED PAYMENT TEnm,'�
For cash pvmhaaoo payment /o due ut the time o/n,ue|om delivery o,m"pmoumor service. ro' credit approved purchasers which have executed the
oppmpriatnCrouuSm|osxomemontm Credit Sales and Services xyrcpmeoi(. full payment for each item of product or service is due Upon ft- date of Helena's
first monthly statement reflectinq such purchase, In the event the purchase price is not paid to full within 30 days fron) the due date, a Line price differential
<Finance Charge) will be assessed at the maxii-nurn, rate allowed by law and will be due on the unpaid balance frorn the date of he first montnly staternent
reflectmg such purGhase until payment is recewed In full by Helena and credited to customer's account, SEE REVERSE SIDE FOR ADDITIONAL TERMS AND
CONDITIONS DFSALE. Should any term nf this paragraph o,clause conflict in any manner with the terms r*nCredit Sales Agreement or Credit Sales arid
8mmioom*oreomwnt entered between purchaser and Helena, the terms nf such Agreementshall control. In the event that advances are made ,ppurchaser
unde, a prornissary not( made by purchaser in favor of Helena for the purpose of paying any arnounts owed by purchaser to Helena hereunder, then to the
extent that any sucii promissory note is Line riforce a ble andicii uncollectible, in whole or in part, by Holena or its assIgnee(s) forany reason, the :iNj gallorl s Of
purco*sur1c Helena heruund6r that would have been Satisfied using any RdV8nCeS Linder such pmairssory notp, shalf no! be vitiated or Merged irito or
extinguished hv Such pmn\cmory note. and instead shall uvenmsoabfe and collectible in full pursuant x, the m,mobemuf
VOUCHER NO. WARRANT NO.
ALLOWED 20
,'elena Chemical Company
IN SUM OF
98324 Collection Center Drive
Chicago, IL 60693 -0983
$625.00
ON ACCOUNT OF APPROPRIATION FOR
Brookshire Golf Club
PO# Dept. INVOICE NO. ACCT /TITLE AMOUNT Board Members
1207 73655855 43- 504.00 $625.00 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
Tuesday, July 27, 2010
Director, Brooks re Golf 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))
07/21/10 73655855 Fertilizer $625.00
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