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Home My WebLink About189262 08/31/2010 CITY OF CARMEL, INDIANA VENDOR: 359584 Page 1 of 1 s ONE CIVIC SQUARE BRENNTAG MID SOUTH INC CARMEL, INDIANA 46032 3796 RELIABLE PARKWAY CHECK AMOUNT: $6,693.88 CHICAGO IL 60686 o CHECK NUMBER: 189262 CHECK DATE: 8/31/2010 DEPARTMENT ACCOUN PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 601 5023990 886702 211.00'OTHER EXPENSES 601 5023990 886703 4,011.00�OTHER EXPENSES 2201 4350400 21432 BMS877183 823.96 /REFLECTING POOL CHEMI 2201 4350400 21432 BMS881153 823.96VREFLECTING POOL CHEMI 2201 4350400 21432 BMS885903 823.96 REFLECTING POOL CHEMI INVOICE BMS886703 INV DATE: 8/19/10 PAGE 1 OF 1 DUE DATE: 9/18/10 SOLD TO: SHIP TO: CITY OF CARMEL UTILITIES CARMEL WATER, PLANT 5 3450 WEST 131ST STREET 5484 E. 126TH STREET WESTFIELD IN 46074 CARMEL IN 46032. FEDERAL ID 610504545 DATE SHIPPED: 8/19/10 TERMS NET 30 DAYS 3/1, 565548 -00 SHIP WHS: 29 SALESPRSN: 294 :USTOMER 407542 SHIP VIA: OUR TRUCK PKG :USTOMER PO VERBAL FOB DELIVERED TAX EX# 356000972 -001 -9 JNITS SHIPPED PROD WGT /GAL TOTAL QTY UNIT PRICE EXTENDED 80.0000 805002 1.000 4000.0000# .9500 3,800.00 50.0000 BAG SOD FLUORIDE GRAN >A F/S 4.0000 873311 11.870 600.0000# .3100 186.00 150.0000 CYL CHLORINE, LIQUID (BMS ONLY) >A RPK JESTIONS, CALL 317- 898 -8632 FF9r: F�c*** 9c�c* �c* 4rie�t�c* k **9FieTC *F* *9e *9cksF�e9ck REMIT TO ADDRESS: BRENNTAG MID- SOUTH, INC 3796 RELIABLE PARKWAY CHICAGO IL 60686 -0037 MERCHANDISE 3,986.00 INS SEC SURCHARGE 25.00 PAID ON OR PRIOR TO 9/18/10 INVOICE TOTAL 4,011.00 PAID AFTER 9/18/10 INVOICE TOTAL 4,091.22 Original Document BRENNTAG INVOICE BMS886702 INV DATE: 8/19/10 PAGE 1 OF 1 DUE DATE: 9/18/10 ;OLD TO: SHIP TO: CITY OF CARMEL UTILITIES CARMEL WATER, PLANT 3 3450 WEST 131ST STREET 4425 E. 126TH STREET WESTFIELD IN 46074 CARMEL IN 46032 FEDERAL ID 610504545 DATE SHIPPED: 8/19/10 TERMS NET 30 DAYS 3/L 565553 -00 SHIP WHS: 29 SALESPRSN: 294 '.USTOMER 407542 SHIP VIA: OUR TRUCK PKG :USTOMER PO VERBAL FOB DELIVERED TAX EX# 35600972 -001 -9 JNITS SHIPPED PROD WGT /GAL TOTAL QTY UNIT PRICE EXTENDED 4.0000 873311 11.870 600.0000# .3100 186.00 150.0000 CYL CHLORINE, LIQUID (BMS ONLY) >A RPK JESTIONS, CALL 317 -898 -8632 REMIT TO ADDRESS: BRENNTAG MID SOUTH, INC 3796 RELIABLE PARKWAY CHICAGO IL 60686 -0037 MERCHANDISE 186.00 INS SEC SURCHARGE 25.00 PAID ON OR PRIOR TO 9/18/10 INVOICE TOTAL 211.00 PAID AFTER 9/18/10 INVOICE TOTAL 215.22 Original Document ?SnF VOUCHER 102483 WARRANT ALLOWED 359584 IN SUM OF B,RENNTAG MID -SOUTH INC A Eq 3796 RELIABLE PARKWAY CHICAGO, IL 60686 -0037 U) Z Carmel Water Utility ON ACCOUNT OF APPROPRIATION FOR Board members PO INV ACCT AMOUNT Audit Trail Code 886703 01- 6180 -03 $4,011.00 ��b2 f�•t,��$b•b3 a11.�� Voucher Total '32-:� ,Lfj$4 -KJ.00 Cost distribution ledger classification if claim paid under 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 of service rendered, by whom, rates per day, number of units, price per unit, etc. Payee 359584 BRENNTAG MID -SOUTH INC Purchase Order No. 3796 RELIABLE PARKWAY Terms CHICAGO, IL 60686 -0037 Due Date 8/23/2010 Invoice Invoice Description Date Number (or note attached invoice(s) or bill(s)) Amount 8/23/2010 886703 $4,011.00 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 Date Officer Brenntag; MiG- South, Inc. B R E N N TAG v s,: 1405 Highway 136 W P.O. BOX 20 Henderson, Kentucky 42419 -0020 INVOICE BMS881153 INV DATE: 8/10/10 PAGE 1 OF 1 DUE DATE: 9/09/10 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: 8/10/10 TERMS NET 30 DAYS 5.5- 91.5.3 -00. SHIP -WHS -29 SALESPRSN: 294 CUSTOMER 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 329.5847 365998 10.140 329.5847G 2.5000 823.96 1.0000 G BULK SOD HYPOCHLORITE 12.50 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 9/09/10 INVOICE TOTAL 823.96 PAID AFTER 9/09/10 INVOICE TOTAL 840.44 Original Document Atlanta, GA Columbus, OH Indianapolis, IN Miami, FL St. Louis, MO Bartonville, ]L 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 terms and conditions stated in this Document ('`Terms and Conditions shall he deemed controlling notwithstanding any prior or subsequent purchase order or similar document from Purchaser. Purchaser by taking delivery of all air any portion of the items shown on (he reverse side shall he conclusively deemed to have accepted and assented to Seller's Terns Lid Conditions. Purc hase Price and Pa, roam The purchase price or all items shown Oa IhC- reverse Side excludes sales, usc- Occuptilion, license,, excise and other lazes and fees in respo;cl of manufacture, sale. storage, consumption nr delivery, all of which shall be paid by Purchaser- The purchase. price for all dents is payable in lawlul money of the United States Acceptance by Seller of drafts, checks or other media of payment will be provisional only and Suhjcct to immediate collection of the hill face auouut thercuf. Seller reserves the righl tO charge if late fee andlor interest, if Purchaser Fails to make any payments to Seller when Same bccomc due. 3. Delivct /Force Majcurc Delivery of goods to the Purchaser's location Shall constitute detivc ry to the Purchaser. and all risk of loss or damage shall thereupon puss to and be assunnel by the. Purchaser. Any time or dale stated for delivery is an estimate onl and the Seller shall not he liable lot failure to deliver at the specified time or Lin the specified date, nor shall Such failure on the par of the Seller be deemed to he a breach of this Agreement or any IermS and conditions or part thereof. Purchaser shall not he entitled to cancel or rescind [dais Sale nor shall Seller be liable in danr,tges or otherwise, in the case of delay or impairment or Failure oI' performance by Seller by reason of causes beyond Seller's conmol, including. Without limitation. C1aimS of farce majeure by Seller's suppliei s. strikes. labor difficulties, shortages of labor. fact, power. materials or supplicS, inability to Obtain shipping space. transportation delays. lire, floods. accidents. riots. acts of God, war, governmental interfet'ence or embarLo. In an% such event- Seller reserves Ihe right, in its sole discretion, to allocate its inventory between Purchaser and Sellers other customer's. and Purchaser waives any right to assert a claim against Seller thecfor. 4. Sutioc 0 1' Credit Or Shipnteut Seller may at any time :filer or suspend credit to I'urehuser, stop ship(nent to Purchaser in transit. or delay or refuse eo ship to Purchascr, or cancel any or all unfilled OrCIUS when, in Seller's sole opinion: a. the financial condition of Purchaser is unSatiJactun to Scllcr: h. deliver' is delayed by the fault of Purchascr, Q. ParChaSer is delinquent iu pavment of any obligation owed to Seller ar d. sale of products or materials to Purchaser may result in e ivirunmeutal- safety or licullh danger or hazard. 5. Warranty Seller warrants that the products or materials delivered hereunder Meet the Standard Specifications of the manuracmrcr(s) fur the prOduc]s or SZICII other specifications as tra have been expressly agreed to in writing by Purchaser and Seller. SLLLI R MAKES NO OTHER WARRANTIES- EXPRESS OR IMPIAED. INCLUDING. WITHOUT LIMITATION- ANY WARRANTY OF MT RCHANTAI3ILITY OR FITNESS FOR A PARTICULAR PURPOSE.. Determination of the suitahility of the PIUCIUCI Suppllal hereunder for the uses and appli- cations contellphted b Purchaser and others shall lie the sole responsibility of Purchaser. Purchaser assumes all risk and liability resulting from the handling, use. storage or resale of the products delivered hereunder. whether used, handled, stored or resold singly or in combination with other products. and Purchaser agrees to indenmily and hold Seller harmless against ally and all loss, damages, liability, cost and expanse (including realsonahle attorneys' fees), arising out of such use, handling, storage or resale. Seller assrmics nu obligation or liability for the technical advice given by Seller with reference to Ihe use of the Products or results ohained thereliom, and till such advice is givat and accepted at Purchaser's risk. 6. LIMITATIONS OF LIABILITY a. PURCHASER HEREBY WAIVES ANY CLAINt AGAINST SELLER FOR CONSEQUENTIAL DAMAGES, LOSS OF OR DAMAGE TO GOODWILL OR ANY OTHER SPECIAL, DIRECT. INDIRECT OR INCIDENTAL DAMAGES, EVL "N IF SELLER HAS REFN ADV[SED OF OR 1 fAS NOTICE OF THF- POSSIBILITY OF' SUCH DAMAGES AND PURCHASER'S EXCLUSIVE REMEDY WITH RESPECT TO ANY CLAIM, WHETHER IN CONTRACT. TORT OR STRICT LIABILI'T'Y OR OTHF.RW[SE, IN RESPECT OFTHF PRODUC'T'S SOLD HEREUNDER SHALL BE EXPRESSLY LIMITED TOTHE AMOUNT OFTI -IE PURCHASE PRICE Oh SUCH PRODUCTOR THE REPLACEMENT OF SUCH PRODUCT' b. FAILURE BY PURCHASERTO GIVE WRI'I °FEN NOTICE OF SUCH CLAIM TO SELLER WITHIN 30 DAYS FROM THE DATE OF DELIVERY OF SUCH PRODUCT SHALL CONSTITU'T'E A WAIVER BY PURCHASER OF ALL CLAIMS IN RESPECT OF SUCH PRODUCT. NO PRODUCT SOLD Ht"REUNDER SHALL BE RETURNED TO SELLER WITHOUT SELLFR'S PERMISSION, NO CLAIM SHALL BE ALLOWABLE AFTER ANY SUCH PRODUCT HAS BEEN PROCESSED IN ANY MANNER. 7. CoNalncrSlCvlindcrs If, All returnable cornuiners tad cylinders remain the property of the Seller and musl he returned to Seller. b. Container and cylinder deposits will be forfeited if containers are nor retuned within 90 dtrys of Shipnnenl, unless otherwise agreed to in writing by Seller In addition to tire fortcilure of any such deposit. Purchascr Shall remain liable for an amount equal to the dilferenec between the deposit and the replacement cost of may returnable anaainer or Cylinder which is mot returned to Seller. C. PurCbesCI agnxS to acccpl full responsibility and liability for the disposal of non- reurnahle container and cylinders in strict compliance with Lill laws and regulations. d. Purchaser shall inclenmify and (told Seller harmless against any claim. Toss, damage or expense i risiii, front Purchaser's handling, use. Storage or dhposid of guy container ur cylinder. C. Seller reserves the right to charge Purchaserwith denturage for any retutnahle container or Cylinder- 8. Re turned Mutc ri_d NO credit will be 1SSned for ntaerial retUrnod unless Scllcr has given written consent to such return. All returned material is subject io a restocking charge. 9. Cicdit Anv credit issued by Seiler to Purchaser, may only be applied ogainsl the future purchase of PI'ltdllc'IS by Purchaser and will not be paid in cash. Any such credit will expire one ycar at'ter the date of issuance, and Seller will have no oblieation with respect (hereto in the cvcnl that Purchaser does not apply the arodil against the cost of PrOdnCt purchased by it prior lu such expiry date 10. General U. This Document shall not he assignable. in whole or in Part by Purchaser without the prior written consent of Seller. b. Unless Stated to the contrary ckCWlIerc in []]is Document, no action, regardless Of form, arising nut Of the sale or delivery of Product herCenlCr, may be commenced more than one year alter the cause of action has accrued, excCl that an action (or nonpaynnenl or for failure to return containers and cylinders may he brought at any lime- y. Seller's waiver of any breach, or failure to enforce any of the Terms and conditions of this Agreement, al any tlnne. shall not in any way affect. limit or waive Seller's right Ihcre- alier to enforce and compel strict compliance with each and every tern and condition hereof. The acceptance by the Seller orally payment after the specified due dale Shall not constitute if waiver of Ihe Purchasers obligation to make further payments on the specie iel dates. d. This Agreement shall bC governed by and enforced in accordance with the Incas of the stifle in which Ihe Seller's corpor.nc office is located without reference I, its conflict of law rules. Purchascr by taking delivery of all or any items shall be conclusively decreed to have consented to personal jurisdiction in the above- mentioned Smlc. C. The teens and conditions herein conslituc the entire agrcancnt between Scllcr and Purchaser and may not he modified or amended except by a writing executed by an authorized 'officer of Seller and no modification shall be effected by the parties' course Of dealing or the acknowledgment or acceptance of purchase order forms containing tennS or condi- tions in addition to or at varhunce with Those set forth herein. f. I1' ally provision or provisions of This Document shall be held to he illegal or u11011 eeable the ICgality;uul enforceability of the remaining provisions Shall not in any way be affect ul or impaired. PrULIUC[s shall be delivered to Purchascr as indicated Lin the face hereof and unless mhcnvise indicated. Purchaser Shall be responsible tin' the payment ul' all Ircii, and nanaporution charges Fromm Srllrr's point of loading Iu the delivery address specified on the tiaee hereof Delivery dates are approximate and arc predicated on Ihe prompt receipt by Seller of all ncccssary information and doeumci)[Miun Irons Purchwser. h. U111C>.S Purchaser IS audIOLIV I to disu'ihute the products delivered hcrcundcr pursuant to it wrincn agncmerit wish Seller. Scllcr agrees Than rho produce is Supplied to Purchascr for PuICIIUScr's' internal use only. and Purchaser may not repacka,c_ n!SCll or otherwise distribute the product to Third parties without Ihe express written convent of Soller. i. Tn rho cvcur th;t Putrchuscr and Seller engage in any electronic transactions, including, but not limited to, electronic data interchange or facsinilc exchanges., such electronic exchanges shall be considered aS valid and legally hinding and shall he suhject to the mrInS and conditions of this Agreement. Brenntag. Mid South, Inc. BRENNTAG 1405 Highway 136 W P.O. BOX 20 p Henderson, Kentucky 42419 -0020 INVOICE BMS877183 INV DATE: 8/03/10 PAGE 1 OF 1 DUE DATE: 9/02/10 SOLD TO: SHIP TO: CARMEL STREET DEPARTMENT CARME STREET DEPARTMENT ONE CIVIC SQUARE REFLECTING POOL CARMEL IN 46032 THIRD AVE. 126TH STREET CARMEL IN 46032 FEDERAL ID 610504545 DATE SHIPPED: 8/03/10 TERMS NET 30 DAYS B/L 4 553386 -0.0 SHIP__WHS.: _29 SALES P- S-r_ .2Q.4—_ CUSTOMER 897255 SHIP VIA: OUR TRUCK PKG CUSTOMER PO 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 :t 3[ !:'sx: :�tY kx iciir 'iC 7Y it iritircitit 7c�t* REMIT TO ADDRESS: BRENNTAG MID SOUTH, INC 3796 RELIABLE PARKWAY CHICAGO IL 60686 -0037 MERCHANDISE 823.96 PAID ON OR PRIOR TO 9/02/10 INVOICE TOTAL 823.96 PAID AFTER 9/02/10 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 TERMS AND CONDITIONS I. Ccnflictin_ Provisions Seller's lernrs and conditions staled in this Document "Terms and Condition;") shall be decmed controlling nom ithstunding ally 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 dcc-med to huvu accepted and assented to Seller's Terms and Conditions. 2. PurclmSC Price and Payment The purchase price for alp items shown on the reverse side excludes sales, usc, occupation, license, excise and other taxes and fees in respect of mallufactm'e, sale. stom,e, consumption or delivery, all of which shale be paid by PL1l_ClILLLWr. The purchase price for all items is payable in Lawful money of the United States. Acceptance be Seller of drafts, checks or other media of payment will be provisional only and subject to immediate collection of the full face amount thereof. Seller reserves the right to charge a pate tic and/or interest, if Purchaser fails to make any payments to Seller when same become due. 3. Duhvcry/Force Majci re Delivery of goods to drC Purchaser's location shall constitute delivery to the Purchaser: and till risk of loss or damage shall thereupon Pass to and be aSSUmcd by the Purchaser. Any time or date staled for delivery is an estimate only and the Seller sliall not be liable for failure to deliver at the specified time or on the ,Specified laic, nor shall such failure on the pan of the Seller he deemed to he it breach of this Agreement or any terms and conditions or Part thereof. Purchaser shall not he entitled to cancel or rescind this sale nor shall Seller be liable in damages or otherwise, in file case of delay or impairment or luilurc of performance by Seller by [Cason of causes beyond SCIICI',s control. including, without limitation, claims Of force majeurc by Seller's suppliers, strikes, labor difficulties. shortages of labor, fuel. power- ntaterialS or supplies, inahility to obtain shipping space, nansporlation delays, fire, floods. accidents, riots, acts of God, war, got °ernmental irucrferell" or embargo, In any such event, Seller reserves die right, in its sole discretion, to allocate its inventory between Purchaser Mid Seller's other CLISIO11101r, and Purchaser waives any right ur aS,crl a claim against Scllcr therefor. 4. us cnsion of Cr edit or Shillilicril Seller may at any lime ;diet or SIJapend credit to Purchaser, stop shipment to Purchaser in transit. or delay or refuse to ship to Purchaser, or cancel any or all unfilled orders when, in Seller's sole opinion: a. the financial Condition of Purchaser k tmsatisfaCtiay to Seller. h, delivery is delayed by the fault of Purchaser; C, Purchaser k delinquent in Payment of any obligation oared to Seller or d. sale of pti> ducts or materials to Purchaser may result in environmental, safety or health danger or hazard. 5. Warranty Seiler warrants that the produ0u or Male] alS delivered hereunder meet the standard specificationS of the nranufacumar(s) for the produclS or such other SPCCificationS as may have been e.cPresSly agreed to in writing by Purchaser and Seller. SEl_LFR MAKES NO OTHER WARRANTIES_ RXPRF."SS OR pMPI_IED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCI IANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Determination of the suitability of the Product supplied Ireretaldcr liar the uses and appli- cations conlcmplated by Purchaser and others shale lie the sole responsibility of Purchaser. Purchaser assumes all risk and liability resulting from the handling, use. storage or resale of the products delivered hereunder. whether used, handled, stored or resold singly Ot in comhinaliun with other products, and Purchaser agrees to indemnify and hold Seller harmless against any and all Ins,, damages, liability. cost and expense (Including reasonable attorneys' fees), arising out of Such use, handling. stQ1Ue'C or resale. SCller assunles no obligation or liahility for the technical advice given by Seller with reference to the use of the Products or resells obtained IherQ1 tom, and all such advice is given and accepted at PUrChaRer's risk. 6. LIMITATIONS OF LIABILITY aa. PURCHASER HEREBY WAIVES ANY CLAIM AGAINST SELLER FOR CONSEQUENTIAL. DAMAGES. LOSS 01:: OR DAMAGE TO GOODWILL OR ANY OTHER SPECIAL. DIRECT. INDIRECT OR fNCfDHNT'AL DAMAGES. EVEN IF SELLER HAS BEEN ADVISED OF OR I ]AS NOTICE OF THE POSSIBILI'T'Y OF SUCH DAMAGES AND PURCHASER'S EXCLUSIVF REMEDY NVITEI RESPECTTOANY CLAIM. WI11 TIIFR IN CONTRACT, TORT'OR STRICT LIABILI'T'Y OR OTHERWISE, IN RESPECT OF THE PRODUCTS SOLD HEREUNDER SHALL BE EXPRESSLY LIMITEDTOTI-IF AMOUNT OPTHP, PURCHASE'. PRICE OF SUCH PRODUCT OR THE REPLACEMENT OF SUCK PRODUCT'. b. FAILURE BY PURCHASER TO GIVE WRF TFN NOTICF Of- SUCH CLAIM TO SELLER WITHIN 30 DAYS FROM THE DATE OF DFI_I VERY OF SUCH PRODUCT SHALL CONSTITUTE A WAIVER BY PURCHASER OF ALA. CLAIMS IN RESPECT OF SUCH PRODUCT. NO PRODUCT SOLD HEREUNDER SHALL BE RETURNED TO SELLER WITHOUT SELLER'S PFRMISWN. NO CLAIM SHALL BE AL.LOWARLH AF 1'ER ANY SUCH PRODUCT HAS 13ELN PROCESSED fN ANY MANNER, 7. Conlainers/Cvlinders a. All returnable containers and cylinders remain the property of die Seller and must be relurncd to Seller. b. Container and cylinder deposits will he forfeited if containerS are not returned within 90 clays of shipment, unless otherwise agreed to in writing by Seller. In addition to the forfeiture of any such deposit. Purchaser shall remain Kahle. for an amount equal to file difference 13CIWCer the deposit and the replacement cost of any returnable container or cylinder which is not rearmed to Seller. a Purchaser agrees to accept full responsibility and liability for the disposal of eon- rctUrIldble. ContainerS and cylindca:s in strict compliance with all laws and regulations. d. Purchaser shall indemnify and hold Seller harmless against anti claim, loss, dmuagC or expense arising 110111 Purchasers handling, use. storage or disposal of container or CYl i nder. C. Seller reserves the right to charge Purchaser with dCntmragc for any returnable container or cylinder. S. Renamed Malerlad NO credit will be issued for material returned unlcsS Scllcr ha, given wrillen ConSCnl TO Such return. All returned material is suhjeci to a restocking charge. 9. Credits Any credit ISAIIC(l by SCller ur Purohascr; slay only he applied against the future purchase of Products by PtrChaSei' and will not be paid in cash. Any such credit will expire one year alter the dale of issuance, and Seller will have nn obligation with respect thereto in the event that Purellascr does not apply the credit against the cost of Product purchased by it Pilot to such expiry date. 10. G eneral a. This DOCtInCllt Shall 1101 he assi�nabli: in whole or in part by Purchaser without the Prior written consent of Seller. b. Unless slated to the contrary elsewhere in [his D(tenl11ellt, no action, regardless of form, arising out of the sale or delivery of product hereunder- may be Commenced more than one year after the cause of action ha, accrued, except that an action for nonpayment or for failure to return container's and cylinders may be brought at any lime. C. Seller's waiver of any breach. or failure to enforce any of the terms and conditions of this Agreement. in any time. shall not in any way affect. limit or waive Seller's right there- after to enforce and compel strict compliance with each and every term and condition hereol. The acceptance by the Seller of any paymcia after the specified due date shall not ConStim[c a waiver of 1110 Purchaser's obligation to make further payments on the specified dates. d. This A,recmcat shall be governed by and enforced in accordance with the laws of the state in which the Seller's corporate oft ice is located without reference to its conflict of Law roles. Purchaser by taking delivery of all or any ilents shall he conclusively det to have consented to Personal jurisdiction in die above- iocntioned state. c. The terms and conditions herein COnstitulu the entire agreement between Seller air() Purchaser and may not he modified or amended except by a writing executed by an aulhori olliccr of Seller and Ito nrodilication shall he elfectecl by the Panties' course of dealing or the acknowledgment or acceptance of Purchase order forms containing terms or condi- tions in addition to or at vadancc. with (hose set forth herein. f. ff tiny provision or provisions of this Documan .vhall be held to he illegal or unenforceable file legality and enforceability 01' 111e remaining provisions shalt not in tiny way be alTect- cd or impaired. Pr Shall he delivered to 1'lr as indicated on the face hereol; and unless otherwise indicated, Purchaser shall he respvnsiblc for the payment of all 1 ?eight and transport ;i ion charges from Seller's pomp of loading to the delivery address .specified nn the face hereol; Delivery dales are approximate and are predicated on the Prompt receipt by SCller of all necessary infurntalion and docunrencttioil from Purchaser. 11. Uit IC.cs Purchaser is Mill thoriZed III dlStrlbUtC the produeis delivered hereunder pursuant Lo it wnttell agreement with Seller. ScllCl tWDCCS this the [oroduca is supplied to Purchaser for Purchaser's internal use only and Purchaser may not repackage. resell m otherwise distribute the product to third Parties Without the CsPress written consent of Scllcr i. In the event that Purchaser and Seller engage in any electronic transactions, including, bul not Iimired to, electronic data intet'change or facsimile exchanges, such electronic exchautgcs shall he considered as valid and legally binding and Shall be subject to [lie terms and conditions of this Agneentcnt. VOUCHER NO. WARRANT NO. ALLOWED 20 Brenntag Mid -South Inc IN SUM OF 3796 Reliable Parkway Chicago, IL 60686 -0037 $1,647.92 ON ACCOUNT OF APPROPRIATION FOR Carmel Street Department PO Dept. INVOICE NO. ACCT /TITLE AMOUNT Board Members 21432 BMS877183 43- 504.00 $823.96 1 hereby certify that the attached invoice(s), or 21432 BMS881153 43- 504.00 $823.96 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 Thursday�/Aogust 26, 2010 Street Commis�i Street Com Cost distribution ledger classification if claim paid motor vehicle highway fund Prescribed by Stale 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)) 08/03/10 BMS877183 $823.96 08/10110 BMS881153 $823.96 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 Brenntag.l�Rj- South, Inc. BRENNTAG I 1405 Highway 136 W P.O. BOX 20 Henderson, Kentucky 42419 -0020 INVOICE BMS885903 INV DATE: 8/17/10 PAGE 1 OF 1 DUE DATE: 9/16/10 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: 8/17/10 TERMS NET 30 DAYS 564337- 00 .---.---SHIP--- WH.S-- SHIP_WHS_: 29 SALE.SPRSN: 294 CUSTOMER 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 329.5847 365998 10.140 329.5847G 2.5000 823.96 1.0000 G BULK SOD HYPOCHLORITE 12.50 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 623.96 PAID ON OR PRIOR TO 9/16/10 INVOICE TOTAL 823.96 PAID AFTER 9/16/10 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 TERMS AND CONDITIONS Conllictim_ Provisions Sellcr',s terms and conditions stated in this Document "Terms and Conditions shall he deemed controlling notwithstanding any prior of subsequent purchase order or similar document from Purchaser. Purchaser by taking delivery of all or any Portion of the hors shown on the reverse side shall be conclusively deemed to hatie accepted and assented to Seller's Terns and Conditions_ Purchase Price. and Payment The punclrnse price Thrall items shown on the reverse side excludes Soles, use, occupation, license, excisc and other taxes Lind fees in respect of nrauufaehrre, sate, storage, conswnption or delivery, all of which Shall he paid by Purchaser. The Purchase price liar all items is payable in IawlLll money of the United States. Acceptance by Seller of drafts, Checks or other media of payment will he provisional only and subject to immediate collection of the full face amount thereof. Seller reserves the right no charge it lute fee and/or interest, if Purchaser 1211S It) Make laity payments to Scller when same laccol due. 3. Deliver (Force Ma jcurc Dclivcry of goods to the Purchaser's toealion shall Constitute delivery w the Purchaser: and :Ill rick of loss or damage shall thereupon pass to and be a<SUmed by the Purchaser. Any time or dale stared for delivery is an estimate only anti the Seller Shaft not he Gable for failure Io dclivc l at the specified time or on the Specified date, nor Shall such failure on the part of the Sellcr be deemed to he a breach of this Agreement or any terms and eonditionS Or purl dICrcol'. Purchaser shall nol bo cntitled to cancel or rescind this sale nor shall Seller he liable in demagcs or otherwise. in the CaSc of delay or impairment or failure of performance by Seller by reason Of Causee hcyond Seller's control, including, without limitation, claims of force mojcurc by Seller's sItplilicr�, strikes. labor difficulties. shortages of lilhin, ferel_ power, nuacrials nr suppheS_ inahihty rth obtain shipping space, transportation delays, lire, floods. accidents. riots. acts of God, w:1r. govcinnlcul:d inlorferendc or crnhargu. In Lilly Such cvCnl. Scller ICSCIVCS the right. in its Sole discretion, to allocate its inventory between Purchaser Lind SCI IC;'S other Ulstoll ICIS. and Purchaser waives any right to assert a claim against Scller therefor. q. S, uSnension of Credit to S114TICnl Seller may ;a ally lime alter or su,Spcnd credit to I'll I'ChaSCT. Stop shipment to Purchaser in uansil, or (clay or refuse to Ship to Purchaser, of cancel any or all unfilled orders when, in Sellars sole opllllon: n. the financial conditlon Of Plrre.II:IsCr is unsrnisl.rdory In Scller: h. delivery is dahrycd by the I" Lill of Purchaser: C Purchaser iS delinquent in Payment Of any Ohlig ;pion owed to Sellcr; or It, Sale of pmrltwk or materials Ili Purchaser may r sult in envimnment:d_ safety of he:dth danger of hazard. i, WL Seller yt ullanls dial the products or materials dclivenxl hereunder ruwt Ina srandmil speed icatinus of hoc rn:mulacturcr(s) liter the productS or Such olhCr specifications .t.' may have been cxprCSSly aIVICCd to in writing by Purchaser ;rod Seller. SELLER MAKES NO OTHER WARRANTIES. h?CPRI -SS OR IMPLIED, INCLUDING. WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 1kenirin:tion of the suilability of the Product Supplied hereunder for the uses and apPE- eations eontengnlatcd by I'urchascr and others Shall fie the sole responsibility of Purchaser. Purchaser aSsumcS all risk and liability rCsulting loom the handling, use. Storage or resale of the products delivered hereunder, e•hcdncr used, hmrdlcd, Stored or resold Singly or in coinhMation with other productS. and Purchaser agreS to indemnify and hold Seller harmless againsl any and all loss, damages, liability, cost and expense Iiucluding reasonable atiornc fees), arising out of Such use, handling, storage or resale. Seller assumes no obligation or liability for the ICChnICLiI advice given by Sellcr with reference to the Line Of the Products Or results ohlamed Ihclell-oun, and all such advice is given and accepted at Purchaser's risk. 6. LIMITATIONS OF LIABII -Ft a. PURCHASER HF.RI IfY WAIVES ANY CLAIM AGAINST SELLER FOR CONSEQUENTIAL DAMAGES, LOSS OF OR DAMAGE TO GOODWILL OR ANY OTHER SPFCIAL. DIRECT_ INDIRECTOR INCIDENTAI, DAMAGES. FVFN IF SFI,L,ER HAS BFFN ADVISED OF OR HAS NOTICE OE'I'HF. POSSIBILITY OF SUCH DAMAGFS AND PURCHASER'S EXCLUSIVE RLMFDY WITH RESPECT TO ANY CLAIM, WFIETHER IN CONTRACT PORT OR STRICT LIABILITY OR OTHERWISE, IN RESPECT 01 FIE PRODUCTS SOLD HEREUNDER SI1ALL BI FXPRFSSLY LIMITED TO I 1 II AMOUNT OP TITS PURCHASE PRICK OF SUCH PRODUCT OR TLIF RFPLACEMEN "T OF SUCH PRODUCT. h. FAILURE BY PURCHASER TO GIVE WRITTEN NO "I'ICE OF SUCH CLAIM TO SELhhR WITHIN 30 DAPS FROM THE DATEOF DELIVERYOF SUCH PRODUCT SHALL CONSTITUTE A WAIVER BY PURCHASER OF ALL CLAIMS IN RESPECT OP SUCH PRODUCT. NO PRODUCT SOLD hIEREUNDER SHALL BE RETURNED TO SELLER WITHOUT SELLER'S PERMISSION, NO CLAIM SHALL- BE ALLOWABLE AF FFR ANY SUCH PRODUCT HAS BEEN PROCESSED IN ANY MANNER. T Comaincrs /Cviilldcrs a. Ail returnable conainers and cylinders rnnuiin roc Property of the Seiler and must be reuuved to Sellcr. b. Conutincr and cvlirtdCr deposiis will he I"llihed it containers are not returned within 911 days OI Shipment unless odlCmis° agrocd to in Wining by Seller. In addition to the forlcimrC of mry Such deposit, I'urchasel' ,;hall remain liable Or an allIOLlIn Cyual to the cif Terence belWCCII the deposit and the replaccmall cost of any returnable container or cylinder which is not rCtuncod to Sellcr. c. Pmthanelr agrees ro acCCpt tut] responsibility and iiability for the disposal of nun- rchtruablc contuiucrs and cylindCtS ill Strict compliance with all laws and regulations. d. Purchaser Shall indemnify and hold Seller harmless a!!aiusl any claim, loss, dwnage or expense arising lion Plll'CiaSLA S handling. use. Storage, or disposal of any container or cylinder. e. Scller reserves the right to charge Puchaser with demurrage for any returnable container or cylinder_ 8. Re1m11C11 MA0161 NO credit wih be issued fill THACi al returned unless Seller has given written consent to such iclurn. All tclumed material is subject to a restocking charge. 9, CYcdiIS An)' credit iSSUUd by SCller io Purchaser, may only he applied against the future purch;mc of I'roducls hp Iurchaser and will not he paid in cash. Any such credit will c.epirC one year' after the dale of i,asuance, and Scller will hnyc no obligation with respect thereto in ITC event that Purchaser does not apply the credit against the cost Of Product purchased by it prior to such expiry data 1 0 General a. This Document shall oat be assignahle in whole or in part by Purchaser without tlrc prior Nvi 11011 consent of Scller: h, t)nleas slated to die couhary elsewhere in this Document. na action, runarddess oE' form, arising out A the sale Or delivery of product hereunder_ may be commenced more than One year utter the eau,ae Of 3011111 has accroCd_ except That an action for nonpayment or for Tai Iunt lo return containers and cylinders may he brought at any time c. .Seller's waiver of env breach, or failure to enforce any Of the terms and conditions of lhiS Agreement, at any time, shall not in any Way al'I'ect limit or waive Suller's right there aflCr to cnIOICC and cnmI)QI strict compliance with each and every Icon and condition hereof. The accCPtnec by the Seller of any payment after the spccifrad due date shall not conswine a waiver of Orc Puchaser's ohhgation ro make further payments on the spccilied dates. d. This Agreement shell he Governed by and enforced in accordance with rho laws of the stale in which the Scicr's corporate office is located without reference to its Conflict of law rules. POrd1a,4Cr by (liking delker of all or any iremS Shall he conclusively dCelned to have consented to personal jurisdiction in the above mentioned Stale. 0. The leans and cort itiorrs herein QIDWhImC the entire ugrecnrenr hetwcen Scher Lind Purcrrscr and may not be modified or amended except by a writing executed by an authorized ofticerof Seller and no modification Shall he effected b the Parties' course of dealing or the acknowledgment or itece.plau Ce of purchase order 1ormn containing terms or condi- lions in addition Io nna valence with Ihose Set foill herein. I. If Lilly provision or provisions OFlhis Document shad[ he held to be Ilegal or uocnfoiccahlc the. legality and cn foreeabil4v of the remaining provisions Shall nor kit any way be affect- C6 or impaired. Products shall be delivered to I'urchascr as indicated Lin the fucc hcrcol: and unless oilm indicalaL Put'chasor' Shall he responsible for the payment of Lill freight and h:msporlation chareas from Seller's point o]' goading ro the delivery addiess spcci Pied On the face Ihcn-of. Delivery detCS are :ipproximaw and aro predicated on the prompt receipt by Seller of:dl necessary intixnratlou and documentation from I'urchascl. h. Ilutess Purchaser is aulhnriicd in disrribulc the prodducls delivered hcrcinderpur'suani to a wrincn agreement with Seller, Seller agrees that the product is supplied to Purchaser for PurchaSCI'S' intern ;hl use only. ;Liu] Purchaser riv not repackage, resell or olhcrvrise disnibuic the proluCi to Ihif l Parties wiihoul the express wrincn consent of Seller. i. In the OVUM that Purchaser and Seller engage in illy electronic rrmsactions, including, but nor 11I111[CLI to. clectrunic data interchange or facsimile exchanges, such electronic eacurnges Shall tic considered as Valid and ICLally hindino and shall ho Subject to roc leans and conditions of this Agreement- VOUCHER NO. WARRANT NO. ALLOWED 20 Brenntag Mid South Inc IN SUM OF 3796 Reliable Parkway I Chicago, IL 60686 -0037 $823.96 ON ACCOUNT OF APPROPRIATION FOR Carmel Street Department PO# Dept. INVOICE NO. ACCT /TITLE AMOUNT Board Member 21432 BMS885903 43- 504.00 $823.96 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 o Th "uys'day�A6gust 26, 2010 Street Commiysponer IICCI;t lIT41 6 1uIIt! Titl 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. Term s Date Due Invoice Invoice Description Amount Date Number (or note attached invoice(s) or bill(s)) 08/17/10 BMS885903 $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 ,20 Clerk- Treasurer