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Home My WebLink About190235 09/29/2010 CITY OF CARMEL, INDIANA VENDOR: 359100 Page 1 of 1 ONE CIVIC SQUARE COMMWORLD OF INDIANAPOLIS CARMEL, INDIANA 46032 50 SOUTH PARK BLVD CHECK AMOUNT: $142.07 GREENWOOD IN 46143 CHECK NUMBER: 190235 CHECK DATE: 9129/2010 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 651 5023990 20100747 142.07 OTHER EXPENSES American Voice Data, Inc. dba COMMWORLD COMMWORLD OF INDIANAPOLIS 50 South Park Blvd. Invoice T ®)�n Greenwood. IN 46143 L G 317 889 -7593 1 Fax 317 889 -7777 20100747 Date: August 31, 2010 Bill To: Site Location: LISA KEMPA TERESA LEWIS CITY OF CARMEL- WASTEWATER UTILITIES CITY OF CARMEL- WASTEWATER UTILITIES 760 3RD AVE. SW SUITE 110 9609 HAZEL DELL PARKWAY CARMEL IN 46032 INDIANAPOLIS IN 46280 Order# Technician PO Number Phone Number 20100870 ACCOUNTS PAYABLE (317) 571 -2634 Services Performed: THIS IS THE INVOICE FOR THE PHONE TERESA ORDERED. IT WAS SHIPPED TO YOU ON 8 -31, THE FREIGHT TO SHIP WAS $7.07 THANK YOU! Qty Item Number Item Description Unit Price TOTAL 1 DP5018 -S 10 KEY DIG SET NO LCD $135.00 $135.00 1 FREIGHT TO SHIP TO YOU $7.07 $7.07 Materials: $142.07 Labor: $0.00 Service Call Chg.: $0.00 Other $0.00 Sales Tax: $0.00 Subtotal: $142.07 R INVOICE DUE ON RECEIPT***' Deposit: $0.00 total Amt Due: $142.07 t TITLE: Title to the Equipment shall pass to Customer upon the date that the Equipment is delivered to the Installation Site. 2. SECURITY INTEREST SECURITY AGREEMENT: Cudomer hereby grants to C0K8MVVORLD u security interest in the equipment in order to secure Customer's obligations hereunder and agrees upon request of COMMWORLD to execute any documents necessary to perfect such interest. |n the event that Purchase Price ia not paid inaccordance with the payment terms, COMMWORLD shall have all the rights and remedies of a secured party as provided for in Atcle 9 of the Uniform Commercial Code and COMMWORLD shall be entitled to reasonable attorneys'fees and legal expensess incurred with respect to this security interest and the enforcement of any of COMMWORLD's other rights under this Agreement, 1 RISK DFLOSS: All risk of loss passes to Customer upon Delivery of the Equipment to the Installation Site, 4. DELIVERY. The equipment delivery date shall beat a time tobe mutually agreed upon by the parties with appropriate adjustment for conditions beyond the commercially reasonable control of COMMWORLD, S. INSTALLATION: COK4MVVORLDwi|| install the Equipment, provided Customer provides u suitable place for installing the Equipment, all electrical outlets, conduit, power hook-LIPS, and any related carpenter work as specified by COK4KjVVDRLD Customer will provide an Equipment area climatized to computer requirements in terms of temperature. S. INDEMNIFICATION: Customer shall indemnify COMMWORLD against and hold COMMWORLD harmless from any and all o|aims. actions, suits, proceedings, costs, expenses, damages and iiabilities including attorneys' hae-. claimed by any peraon, organizahon, assodohon, or otherwise arising out o|, or relating to the Equipm*n1, uue, possession, operation, and/or condition, thereof, except as caused exclusively by COMMWORLD. 7 WARRANTIES AND LIMITATION OF LIABILITY: (a) WARRANTIES: COMKXVVORLD warrants to Customer good and clear title to the Equipment free and clear of liens and encumbrances subject to the security interest retained by C0MK4VV0RLD. COMK8VVORLD hereby warrants all new telephone equipment, against defects in materials and workmanship for a period of 2 years from Cut over and Acceptance Date; provided that no repairs, substitutions, modifications, or additions have been made except by COMMWORLD and provided that after delivery to Customer the Equipment has not been subject to accident, neglect or misuse, or used in violation of any instructions supplied by COK8kxWORLD, COMMWORLD's sole liability hereunder shall be to repair or replace the Equipment at its own expense during normal working hours and the foregoing warranty shall constitute the exclusive remedy of Customer and the exclusive liability oyCOMK4VVORLD for any breach of any Warranty related to this agreement. All Computer and related equipmont is warranted pursuant to manufactures warranty, under the same conditions as set forth above. THE WARRANTIES SET FORTH HEREIN AND IN THE RELATED EQUIPMENT WARRANTY AGREEMENT ARE EXCLUS|VE, AND C(}K4K1VVORLO EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER WRITTEN, ORAL. IMPLIED 0R STATUTORY. INCLUDING BUT NOT LIMITED TO ANY WARRANTIES 0FMERCHANTABILITY, WORKMANSHIP, OR FITNESS FORA PARTICULAR PURPOSE. (b) LIMITATION OF LIABILITY: COMMVVORLD shall not be hable for any special, indirect, incidental or consequential damages or loss, damage, expense, or costs, including but not 1irritod to a�orney fees, directly or indirectly arising from Customer's use of or inability to use the Equipment either separately or in combination with other Equipment, or for personal injury or loss or destruction of other property, or from any other cause. B. LAW: The laws of Indiana shall govern this Agreement, Any dispute arising out of the agreement shall he brought in the circuit or superior court of Marion County, Indiana, 9. DEFAUL7� if any of Customer's obligations to COMMWORLD are not promptly paid when due. or if Customer broaGhes any provision hereof, Customer shall be in default hereunder and all unpaid amounts shall become immediately due and payable. Upon Customer's default, COMMWORLD shall have the rights and remedies of a secured party under the Uniform Commercial Code and any other laws, including the right to any delinquent payments for which Customer agrees to remain fully liable. If default continues for ten (110) days after written or telegraphic notice thereof by COk3&8VV<]RLD.C(}MMVVORLD may, a1 its option, render the Equipment unusable until COMNVVOF{LDrocciveo payment infull, andior enter upon the premises where the Equipment is installed and retake possession thereof free from any claims of the purchaser without notice. 10, ASS{GN[WENT� This agreement may not be assigned by Customer without the written consent of COMMWORLD. 11 MISCELLANEOUS: Titles to the paragraphs of the Agreement are solely for the convenience of the parties and do not explain, modih/, or interpret the provisions herein. [f more than one (1) Customer is named in this Agreement, the liability of each nhu|| be joint and several. COK4K4VVORLD in not liable for any failure or delay in performance due to any cause beyond its comtno| if any provisions of this agreement are in conflict with any statute or rule of law of any state or territory wherein it may be sought to be enforced, then such provisions shall be deemed null and void to the extent that they may conflict therewith, but without invalidating the remaining provisions hereof, Customer will permit or arrange for access ibr COMMWORLD personnel to the premises for COMMWORLD installation and warranty service. The terms and conditions of sale set forth in writing by this agreement and agreed to by the parties to this transaction are intended bythe parties as a final expression of the agreement with respect to such terms as are included herein and may not be contradicted by evidence of any prior agreement or of a contemporaneous oral agreement. VOUCHER 106273 WARRANT ALLOWED 3.59100 IN SUM OF COMMWORLD OF INDIANAPOLIS 50 SOUTH PARK BLVD GREENWOOD, IN 46143 Carmel Wastewater Utility ON ACCOUNT OF APPROPRIATION FOR Board members PO INV ACCT AMOUNT Audit Trail Code 20100747 01- 7202 -05 $142.07 Voucher Total $142.07 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 359100 COMMWORLD OF INDIANAPOLIS Purchase Order No. 50 SOUTH PARK BLVD Terms GREENWOOD, IN 46143 Due Date 9/23/2010 Invoice Invoice Description Date Number (or note attached invoice(s) or bill(s)) Amount 9/23/2010 20100747 $142.07 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 Date Officer