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HomeMy WebLinkAbout157369 03/19/2008 CITY OF CARMEL, INDIANA VENDOR: 00353053 Page 1 of 1 4t ONE CIVIC SQUARE ASAP SOFTWARE CHECK AMOUNT: $2,985.75 �a CARMEL, INDIANA 46032 PO Box 95414 CHICAGO IN 60694 -5414 CHECK NUMBER: 157369 CHECK DATE: 3/19/2008 DEP ARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 6 5023990 W08067 3779307 1,234.48 SOFTWARE X160 4463202 3781564 1,751.27 SOFTWARE i TO ENSURE PROPER CREDIT, PLEASE RETURN THE UPPER PORTION WITH YOUR REMITTANCE. ENVOI C£ 014t cu NUMBER DATE. N UMBER 03781564 02/28/2008 170800 118426 FEDEX GRND OUR COST I OF I ERMS NUMBER NUMB DATE <NET 30 03781564 36-3328437 IN CITY OF CARMEL NUMBEW.d... T y 4ESDR1 FT AMOUNT PRICE 210F VLA INDESIGN CS3 5 WIN LICENSE ADOBE SYSTEMS 3 3 0 N 577.09 1,731.27 5402338CHS 2384049 VILA CREATIVE SUITES INDESIGN 5 FOR WIN CID MEDIA ONLY 1 1 0 N 20.00 20.00 ADOBE SYSTEMS 27511045DG SPECIAL INSTRUCTIONS INVOICE ALf` AMOUNT 1,751.27 THANK YOU FOR YOUR ORDER ASAP SOFTWARE 850 ASBURY DRIVE FRE7GH7 HANDLING: BUFFALO GROVE IL 60089 0.00 N90. R A N C E SHIP TO PHONE: 847-4155--3700 FAX: 847-465-3277 CITY OF CARMEL WWW.ASAP.COM ONE CIVIC SQUARE SALE& TA&­.. 0.00 CARMEL IN 46032 UNITED STATES mo Please keep original box for any returns. If you wish to request a return TOTAL 1,751.27 authorization, contact our Quality Assurance Department at 800-272-3717 or via e-mail at returns@asap.com. PLEASE SEE IMPORTANT TERMS CONDITIONS ON THE REVERSE SIDE OF THIS INVOICE. Please Pay in UNITED STATES DOLLARS 9 6 OD I U.S. Terms and Conditions of Sale PLEASE READ THIS DOCUMENT CAREFULLYI IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU, THIS DOCUMENT CONTAINS A DISPUTE RESOLUTION CLAUSE. These terms and conditions "AgreemenC') apply to your purchase of computer systems and/or related products and/or services and support sold in the United States "Product') from Dell. By accepting delivery of the Product, you accept and are bound to the terms and conditions of this Agreement. If you do not wish to be bound by this Agreement, you must notify Dell and return your purchase pursuant to Dell's Return Policy. (See: http: llwv,w. dell .comfoofiryllegal,'warranty.htm. THIS AGREEMENT SHALL APPLY UNLESS (1) YOU HAVE SEPARATE PURCHASE AGREEMENT WITH DELL, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (11) OTHER DELL TERMS AND CONDITIONS APPLY TO THE TRANSACTION. 1. Other Documents. This Agreement may NOT be altered, supplemented, or amended by the use of any other document(s) unless otherwise agreed to in a written agreement signed by both you and Dell, If do not receive an invoice or acknowledgement in the mail, via e -mail, or with your Product, information about your purchase may be obtained at https: /I support.dell.com /delicare /invoice.aspx or by contacting your sales representative. 2. Payment Terms; Orders; Quotes; Interest. Terms of payment are within Dell's sole discretion, and unless otherwise agreed to by Dell, payment must be received by Deli prior to Dell's acceptance of an tree Payment for the products will be made by credit card, wire transfer, or some other prearranged payment method unless credit terms have been agreed to by Dell. Invoices are due and payable within the rime period noted on the reverse side of this invoice, measured from the date of the invoice. Dell may invoice parts of an order separately. Your order is subject to cancellation by Dell, at Dell's sole discretion. Liss you and Dell have agreed to a different discount, Dell's standard pricing policy for Dell-branded systems, which include both hardware and services in one discounted price, allocates the discount off list oric applicable to the service portion of the system to be equal to the overall calculated percentage discount off list price on the entire system. Dell is not responsible for pricing, typographical, or other errors. in Any offer by Dell and reserves the right to cancel any orders resulting from such errors. 3. Shipping Charges; Taxes; Title; Risk of Loss, Shipping and handling are additional unless otherwise expressly indicated at the time of sale. Title to products passes from Dail to Customer on shipmen'„�om Dell's facility. Loss or damage that occurs during shipping by a carrier selected by Dell is Dell's responsibility. Loss or damage that occurs during shipping by a car selected by you is your responsibility. You must notify Dell within 21 days of the date of your invoice or acknowledgement if you believe any part of your purchase is missing, wrong or damaged. Unless you provide Dell with a valid and correct tax exemption certificate applicable to your purchase of Product and the Product ship -to location, you are responsible for sales and other taxes associated with the order. Shipping dates are estimates only Title to software will remain with the applicable licensor(s). 4, Warranties. THE LIMITED WARRANTIES APPLICABLE TO DELL- BRANDED HARDWARE PRODUCTS CAN BE FOUND AT http:ilwww.delt.com /policy /legallwarrantyhtm OR IN THE DOCUMENTATION DELL PROVIDES WITH DELL BRANDED PRODUCTS. DELL MAKES NO WARRANTIES FOR SERVICES, SOFTWARE, OR NON -DELL BRANDED PRODUCTS, SERVICES, MAINTENANCE OR SUPPORT. SUCH PRODUCTS, SERVICES, MAINTENANCE OR SUPPORT ARE PROVIDED BY DELL "AS IS" AND THIRD -PARTY WARRANTIES, SERVICES, MAINTENANCE AND SUPPORTARE PROVIDED BY THE ORIGINAL MANUFACTURER OR SUPPLIER, NOT BY DELL. DELL MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN DELL'S APPLICABLE DELL- BRANDED WARRANTY OR SERVICE DESCRIPTION IN EFFECT ON THE DATE OF THE INVOICE, PACKING SLIP OR ACKNOWLEDGEMENT. DELL BRANDED WARRANTIES AND SERVICES WILL BE EFFECTIVE, AND DELL IS NOT OBLIGATED TO HONOR ANY SUCH WARRANTIES OR SERVICES UNTIL DELL RECEIVES PAYMENT IN FULL. DELL MAY REQUEST CANCELLATION OF THIRD PARTY BRANDED SOFTWARE LICENSES, SERVICES, MAINTENANCE OR SUPPORT IF DELL DOES NOT RECEIVE PAYMENT, IF YOU PURCHASE THIRD PARTY BRANDED PRODUCTS, SERVICES, MAINTENANCE, OR SUPPORT, ADDITIONAL THIRD -PARTY TERMS AND CONDITIONS MAY APPLY. 5. Software. All software is provided subject to a license agreement and you agree that you will be bound by such license agreement. S, Return Policies; Exchanges. Dell's return policy can be found at hftp://www. dell .comlpolicyllegaIlwarranty.htm. You must contact its directly before you attempt to return Product to obtain a Return Material Authorization Number for you to include with your return. You must return Product to us in their original or equivalent packaging. You are responsible for risk of loss, shipping and handling fees for returning or exchanging Product. Additional fees may apply. If you fail to follow the return or exchange instructions and policies provided by Dell, Dell is not responsible whatsoever for Product that is lost, damaged, modified or otherwise processed for disposal or resale. At Dell's discretion, credit for partial returns may be less than invoice or individual component prices due to bundled or promotional pricing. 7. Changed or Discontinued Product. Dell's policy is one of ongoing update and revision. Dell may revise and discontinue Product at any time without notice to you and this may affect information saved in your online "cart." Deli will ship Product that have the functionality and performance of the Product ordered, but changes between what is shipped and what is described in a specification sheet or catalog are possible. Pans used in repairing or servicing Product may be new, equivalent -to -new, or reconditioned. 8. Service and Support. Service offerings may vary from Product to Product. In addition to these terms and conditions, Dell and /or your third -party service provider may provide such service and support to you in the United States in accordance with the term and conditions located at http: /!www. dell .comfuslem /genlservicesiservice service_contracts.htm or as otherwise delivered to you_ Dell and /or your third -party mny at iF•.e4 d'.ecre *.tan, ra-rise their genera; m:d opti nal service and support programs end the terms and conditions that govern them without prior notice to you. Dell has no obllgatien to provide serviee or support until Dell has received full payment for the Product or servicefsupport contract you purchased. Dell is not obligated to provide third -party branded service or support, or service or support for any products or services that yet) purchased through a third -party and not Dell. It is your responsibility to backup all existing data, software, and programs before receiving services or support (including telephone support). Dell andlor your third -party service provider will have no liability for loss or recovery of data, programs or loss of use of systems) arising out of the services or support or any actor omission, including negligence, by DeII or your third -party service provider. Doll and /or your third-party service provider is riot permitted by law to copy pirated or copyrighted materials or to copy or handle illegal data. Prior to Dell and /or your third -party service provider providing service or support, you represent that your systems) does not contain illegal files or data. You also represent that you own the copyright or have a license to make copies to all files on your system and do not have any data that would cause Dell to be liable for copyright infringement if those files were copied by Dell and/or your third party service provider. 9. Limitation of Liability. DELL DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCT NOT BEING AVAILABLE FOR USE, LOST PROFITS, LOSS OF BUSINESS OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT, EXCEPT AS EXPRESSLY PROVIDED HEREIN, DELL WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, DELL IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT INVOICED FOR THE APPLICABLE PRODUCT. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THE REMEDIES SET FORTH IN THIS AGREEMENT SHALL APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE. 10. Applicable Law; Not For Resale or Export. You agree to comply with all applicable laws and regulations of the various states and of the United States. You agree and represent that you are buying only for your own internal use only, and not for resale or export. Dell has separate terms and conditions governing resale of Product by third parties and transactions outside the United States. Terms and conditions for resale are located at: www. delf. com /policyilegal /termsofsale,htm. 11. Governing Law. THE PARTIES AGREE THAT THIS AGREEMENT, ANY SALES THERE UNDER, OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND DELL arising from or relating to this agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this agreement, Dell's advertising, or any related purchase SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. 12, Binding Arbitration. ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORTAND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND DELL, its agents, employees, principals, successors, assigns, affiliates (collectively for purposes of this paragraph, 'Dell') arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), Dell's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMI141STERED BY THE NATIONAL ARBITRATION FORUM (NAF) under its Code of Procedure then in effect (available via the Internet at http:f /www.arb- farum.com, or via telephone at 1- 600. 474 2371). In the event of any inconsistency or conflict between NAF Code of Procedure and this Agreement, this Agreement shall control. The arbitration will be limited solely to the dispute or controversy between customer and Dell. NEITHER CUSTOMER NOR DELL SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The individual (non- class) nature of this dispute provision goes to the essence of the parties arbitration agreement, and if found unenforceable, the entire arbitration provision shall not be enforced. This transaction involves interstate commerce, and this provision shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1 -16 (FAA). Any award of the arbitrator(s) shall be final and binding on each of the parties, and maybe entered as a judgment in any court of competent jurisdiction. Dell will be responsible for paying any arbitration fees to the extent such fees exceed the amount of the filing fee for initiating a claim in the small claims or similar court in the sta in which you reside. Each party shall pay for its own costs and attorneys' tees, if any. However, if any customer prevails on any claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for fees, the Arbitrator may award reasonable fees feline prevailing party under the standards for fee shifting provided bylaw, Information may be obtained and claims maybe filed with the NAF at P.O. Box 50191, Minneapolis, MN 55405. (REV 05101'U7) Prescribed by State Board of Accounts ACCOUNTS PAYABLE VOUCHER City Form No. 201 (Rev. 1995) 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 ASAP Software Purchase Order No. P. 0. Box 95414 Terms Chicago IL 60694 -5414 Date Due Invoice Invoice Description Amount Date Number (or note attached invoice(s) or bill(s)) 2129108 1781564 for Nancy Heck's D epartment 1 2 Total 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 VOUCHER NO. WARRANT NO. +0 ALLOWED 20 ASAP Software IN SUM OF P. 0. Box 95414 Chicago IL 60694 -5414 1,751.27 ON ACCOUNT OF APPROPRIATION FOR 1160 Mayor's 4463202 Software Board Members PO# or INVOICE NO. ACCT #/TITLE AMOUNT QEPT. I hereby certify that the attached invoice(s), or 1781564 4461202 7 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 20 ignat re Cost distribution ledger classification if Title claim paid motor vehicle highway fund TO ENSURE PROPER CREDIT, PLEASE RETURN THE UPPER PORTION WITH YOUR REMITTANCE. vi Am INVOICE q VMBE 03779307102/22/2008 170800 TERRY CROCKETT FEDEX GRND OUR COST I OF 1 DQI U -TAX;j'0 K9 9: 440.:. f EM SOL NET 30 03779307 36-3328437 'bU7 IN CITY OF CARMEL 03/23/2008 ITEM NUMBER DESCRIPT QTY QFY PITY I1NIF pRi ORDERM 91.0sm: 2105259 VILA OFFICE PRO PLUS 2007 4 4 0 N 308.62 1,234.48 MICROSOFT 7SP-01207 SPECIAL INSTRUCTIONS INVOICE SALE NT OU 1,234.48 THANK YOU FOR YOUR ORDER ASAP SOFTWARE 850 ASBURY DRIVE FI2IGHr HANDLING', BUFFALO GROVE IL 60089 :�:A�:; NSU ANCE 0.00 SHIP TO PHONE: 847-465-3700 FAX: 847-465-3277 CARMEL WATER WWW.ASAP.COM 3450 W 131ST ST 0.00 WESTFIELD IN 46074 UNITED STATES Please keep original box for any returns. If you wish to request a return TOTAL 1,234.48 authorization, contact our Quality Assurance Department at 800-272-3717 or via e-mail at returns@asap.cGm. PLEASE SEE IMPORTANT TERMS CONDITIONS ON THE REVERSE SIDE OF THIS INVOICE. Please Pay in UNITED STATES MUMS 96001 U.S. Terms and Conditions of Sale PLEASE READ THIS DOCUMENT CAREFULLYI IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLYTO YOU. THIS DOCUMENT CONTAINS A DISPUTE RESOLUTION CLAUSE. These terms and conditions ("Agreement apply to your purchase of computer systems andlor related products andlor services and support sold in the United Slates ('Produce') from Deli. By accepting2teli Fry of the Product, you accept and are bound to the Terms and conditions of this Agreement. If you do not wish to be bound by this Agreement, you must notify Dell and return your purchase pursuant to Dell's Return Policy, (See: http:flvvww. dell .com /poiicyllegal /warranty.htm, THIS AGREEMENT SHALL APPLY UNLESS (I) YOU HAVE SEPARATE PURCHASE AGREEMENT WITH DELL, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN, OR (1 OTHER DELL TERMS AND CONDITIONS APPLY TO THE TRANSACTION. 1. Other Documents. This Agreement may NOT be altered, supplemented.. or amended by the use of any other documents) unless otherwise agreed to in a written agreement signed by both you and Dell, If you do not receive an invoice or acknowledgement in the mail, via a -mail, or with your Product, information about your purchase may be obtained at htips:l( support .dell.com!dellearellnvoice aspx or by contacting your sales representative. 2, Payment Terms; Orders; Quotes; Interest. Terms of payment are within Dell's sale discretion, and unless otherwise agreed to by Dell, payment must be received by Dell prior to Dell's acceptance of an order Payment for The products will be made by credit card, wire transfer, or some other prearranged payment method unless credit terms have been agreed to by Dell. Invoices are due and payable within the tine period noted on the reverse side of this invoice, measured from the date of the invoice. Dell may invoice parts of an order separately. Your order is subject to cancellation by Dell, at Dell's sole discretion. Unless you and Dell have agreed to a different discount, Dell's standard pricing policy for Dell- branded systems, which include both hardware and services in one discounted price, allocates the discount off list price applicable to the service portion of the system to be equal to the overall calculated percentage discount off list price on the entire system. Dell is not responsible for pricing, typographical. or other errors, in any after by Dell and reserves the right to cannel any orders resulting from such errors. 3. Shipping Charges; Taxes; Title; Risk of Loss. Shipping and handling are additional unless otherwise expressly indicated at the time of sale. Title to products passes from Deli to Customer on shipment from Dells facility. Loss or damage that occurs during shipping by a carrier selected by Dell is Deli's responsibility. Loss or damage that occurs during shipping by a carrier selected by you is your responsibility. You must notify Dell within 21 days of the date of your invoice or acknowledgement if you believe any part of your purchase is missing, wrong or damaged. Unless you provide DeII with a valid and correct tax exemption certificate applicable to your purchase of Product and the Product ship -to location, you are responsible for sales and other taxes associated with the order. Shipping dates are estimates only. Title to software will remain with the applicable licemor(s). 4. Warranties. THE LIMITED WARRANTIES APPLICABLE TO DELL BRANDED HARDWARE PRODUCTS CAN BE FOUND AT http:Pwww dell .com /poficyllegallwarranty,htm OR IN THE DOCUMENTATION DELL PROVIDES WITH DELL BRANDED PRODUCTS. DELL MAKES NO WARRANTIES FOR SERVICES, SOFTWARE, OR NOWDELL BRANDED PRODUCTS, SERVICES, MAINTENANCE OR SUPPORT. SUCH PRODUCTS, SFPVICES, MAINTENANCE OR SUPPORT ARE PROVIDED BY DELL "AS IS" AND THIRD -PARTY WARRANTIES, SERVICES, MAINTENANCE AND SUPPORT ARE PROVIDED BY THE ORIGINAL, MANUFACTURER OR SUPPLIER, NOT BY DELL. DELL MAKES NO EXPRESS WARRANTIES EXCEPT THOSE Sl "ATED IN DELL'S APPLICABLE DELL BRANDED WARRANTY OR SERVICE DESCRIPTION IN EFFECT ON THE DATE OF THE INVOICE, PACKING SLIP OR ACKNOWLEDGEMENT. DELL BRANDED WARRANTIES AND SERVICES WILL BE EFFECTIVE, AND DELL IS NOT OBLIGATED TO HONOR ANY SUCH WARRANTIES OR SERVICES UNTIL DELL RECEIVES PAYMENT IN FULL, DELL MAY REQUEST CANCELLATION OF THIRD- PARTY BRANDED SOFTWARE LICENSES, SERVICES, MAINTENANCE OR SUPPORT IF DELL. DOES NOT RECEIVE PAYMENT IF YOU PURCHASE THIRD-PARTY-BRANDED PRODUCTS, SERVICES, MAINTENANCE, OR SUPPORT, ADDITIONAL THIRD -PARTY TERMS AND CONDITIONS MAY APPLY. 5, Software. All software is provided subject to a license agreement and you agree that you will be bound by such license agreement. 6. Return Pol €eies; Exchanges. Dell's return policy can be found at http: ifwww dell .com /prilicyllegriliwarrai)ty.hlm. You must contact us directly before you attempt to return Product to obtain a Return Material Authorization Number for you to include with your return. You must return Product to us in their original or equivalent packaging. You are responsible for risk of loss, shipping and handling fees for returning or exchanging Product, Additional fees may apply. If you fail to follow the return or exchange instructions and policies provided by Dell, Dell is not responsible whatsoever for Product that is last, damaged, modified or otherwise processed for dispeml or resale. At Dell's discretion, credit for partial returns may be less than invoice or individual component prices due to bundled or promotional pricing. 7. Changed or Discontinued Product. Dell's policy is one of ongoing update and revision. Dell may revise and discontinue Product aL any time wlthoul notice to you and this may afflict information saved In your online `Can." Dell will ship Product that have the functionality and performance of the Product ordered, but changes between what is shipped and what is described in a specification sheet or catalog are possible Paris used in repairing or servicing Product may be new, equivalent-to-new. or reconditioned. 8. Service and Support. Service offerings may vary from Product to Product. In ack ilion to these terms and conditions, Deli andlor your third -party service provider may provide such service and support to you in It. United States in accordance with the term and conditions located at http:lfwww_ dell. nomlus /etnlgenlservlceslservico service_conlracts.htm or as othanvisa delivered lo you. Dell andlor your third -portv service provider may at their discretion, revise their general and optional service and support programs and the terms and conditions that govern them without prior notice to you. Deli has no obligation to provide service or support until Dell has received full payment for the Product or service /support contract you purchased. Dell is not obligated to provide third -party branded service or support, or service or support for any products or services that you purchased through a third -party and not Deli_ Ii is your responsibility to backup all existing data, software. and programs before receiving services or support (including telephone support). Dell andlor your third -parry service provider will have no liability for loss or recovery of data, programs or loss of use of systems) arising out of the servicas or support or any act or omission, including negligence, by Dell or your- third -party service provider, Dell andlor your third -party service provider is not permitted by law to carry pirated or copyrighted materials or to copy or handle illegal data. Prior to Dell andlor your third -party service provider providing service or support, you represent that your system(s) does not contain illegal files or data. You also represent that you own the copyright or have a license to make copies to alt files on your system and do not have any data that would cause Dell to be liable for copyright infringement if those files were copied by Dell and/or your third -party service provider. 9. Limitation of Liability. DELL DOES NOTACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN. INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCT NOT BEING AVAILABLE FOR USE, LOST PROFITS, LOSS OF BUSINESS OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT EXCEPT AS EXPRESSLY PROVIDED HEREIN, DELL WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, DELL IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT INVOICED FOR THE APPLICABLE PRODUCT. NOTWITHSTANDING ANYTHING 1N THIS AGREEMENT TO THE CONTRARY, THE REMEDIES SET FORTH IN THIS AGREEMENT SHALL APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE. 19, Applicable Law; Not For Resale or Export. You agree to comply with all applicable laws and regulations of the various states and of the United States. You agree and represent that you are buying only for your own Internal use only, and not for resale or export. Dell has separate terms and conditions governing resale of Product by third parties and transactions outside the United States. Terms and conditions for resale are located at vvww. dell. comipolicyllegal /termsofsale.htm. 11. Governing Law. THE PARTIES AGREE THAT THIS AGREEMENT, ANY SALES THERE UNDER, OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND DELL arising from or relating to this agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this agreement, Dell's advertising, or any related purchase SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO CONFLICTS OF LAWS RULES, 12. Binding Arbitration. ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND DELL, its agents, employees, principals, successors, assigns, affiliates (collectively for purposes of this paragraph, "Dell") arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), Dell's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under its Code of Procedure then in effect (available via the Internet at httpillwww.arb- forum.com, or via telephone at 1- 800 -474 2371), In the event of any Inconsistency or conflict between NAF Code of Procedure and this Agreement, this Agreement shall control. The arbitration will be limited solely to the dispute or controversy between customer and Dell. NEITHER CUSTOMER NOR DELL SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS. OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The individual (non class) nature of this dispute provision goes to the essence of tine parties' arbitration agreement, and if found unenforceable, the entire arbitration provision shall not be enforced, This transaction involves intarstale commerce, and this provision shall be governed by the Fedora! Arbitration Act 9 U.S C. sea 1 -16 (FAA). Any award of the arititratorts) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Dell will be, responsible for paying any arbitration fees to the extent such fees exceed the amount of the filing fee for initiating a claim in the small claims or similar court in the state in which you reside. Each party shall pay for its own cosis and attorneys' fees. it any. However, if any customer prevails on any claim that affords the prevailing party attorneys fees, or if there is a vvritten agreement providing for fees, the Arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law. Information may be obtained and claims may be filed with the NAF at P.O. Box 50191, Minneapolis, MN 55405. (REV 05101107) VOUCHER 081003 WARRANT ALLOWED 33053 IN SUM OF ASAP SOFTWARE P. O. BOX 95414 0 r CHICAGO, IL 60694 -5414 Carmel Water Utility ON ACCOUNT OF APPROPRIATION FOR Board members PO INV ACCT AMOUNT Audit Trail Code (�1 3779307 01- 6200 -06 $1,234.48 x, Voucher Total $1,234.48 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 `6 r 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 353053 ASAP SOFTWARE Purchase Order No. P. O. BOX 95414 Terms CHICAGO, IL 60694 -5414 Due Date 3!6/2008 Invoice Invoice Description Date Number (or note attached invoice(s) or bill(s)) Amount 3/6/2008 3779307 $1,234.48 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