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161696 07/23/2008 a CITY OF CARMEL, INDIANA VENDOR: 00353053 Page 1 of 1 ONE CIVIC SQUARE ASAP SOFTWARE CHECK AMOUNT: $2,544.28 CARMEL, INDIANA 46032 PO BOX 95414 CHICAGO IN 60694 -5414 CHECK NUMBER: 161696 CHECK DATE: 7/23/2008 DEPARTMENT ACCO PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 601 5023990 3830065 1,397.28 OTHER EXPENSES 651 5023990 3830065 838.38 OTHER EXPENSES 1202 4463202 3834569 308.62 SOFTWARE AS AP INVOICE INVOICE NO: 3830065 Software' n INVOICE DATE: JUN 11 2008 CUSTOMER NO: 170800 850 ASBURY DRIVE AMOUNT DUE: 2,235.66 BUFFALO GROVE IL 60089 Please Pay in UNITED STATES DOLLARS DUE DATE: JUL -11 2008 PLEASE BE SURE THIS ADDRESS SHOWS THROUGH WINDOW. R: i:S M IN CITY OF CARMEL ASAP SOFTWARE a 1 CIVIC SQUARE PO BOX 95414 t CARMEL IN 46032 -2584 fa;:; CHICAGO IL 60694 -5414 334- 1/1:335 S TO ENSURE PROPER CREDIT, PLEASE RETURN THE UPPER PORTION WITH YOUR REMITTANCE. I a v z SN IA:i' xNU o:;: <N M CUS.T. OMEN PD..,} t0 ...:::::::::::::.:.::A ?TI F1Tt.........:::..:. V. A:................._..................:.............. DAT::c:;;::o:: if B :;o>: o:::: v:;; x: �s< o;;;>; a:>::: :�;;:c;;;:c;;:o-;>:::cs; o:.;;:.;;:.;:.;:>:: i>;:;;;;: a; z;:: o;;;:<;: o: c::::: a: :>;:::;:<a;:�;:c:;:::::o;;;;;:� 03830065 06/11/2008 W08228 TERRY CROCKETT FEDEX GRIND OUR COST 1 OF 1 s: o: R D R?i ?::5:::::::;:;:: v::: i::; ?S: i:v i::::: i:::F:::: iii: Y:: i :S::i: :!5:;: ;:jasi $i i. S...- y,; i >Sii:> :...5 i...... isi3> ii E NUMBER.... .A P.... D.: i... ...au. ..ro.::....._._ NET 30 03830065 36- 3328437 IN CITY OF CARMEL 07/11/2008 s:: ........................QTY.. f.T......::...._ DESCRL. PTIOH.........................,..:::: A OUaT:: 0 bR .D�E.b..::..:::SNLRf>f:Q:::::: PRLGE.... 2461531 VLA BACKUP EXEC SERVER 12.0.WIN BNDL STD LIC WITH 1 YR 1 1 0 N 610.28 610.28 ESSENTIAL MAINT 636. SYMANTEC 13570917 COVERAGE THROUGH 06/2009 1975361 VLA SQL SERVER STD 2005 X64 1 1 0 N 571.98 571.98 MICROSOFT 228 -04048 1975229 VLA SQL USER CAL 2005 10 10 0 N 105.34 1,053.40 MICROSOFT 359 -01711 SPECIAL INSTRUCTIONS I INVO C E ,:s AMQ ;T.:::;......:.: 2,235.66 (HANK YOU FOR Y A 0 OUR ORDER SAP SOFTWARE 0 SO 850 ASBURY DRIVE BUFFALO GROVE IL 60089 0.00 i .✓?c SHIP TO PHONE: 847 FAX 847-465-3277 .A EL UTILITIES MWW A AP S OM C 760 3RD AVE. SW SUITE 110 00 JI'ARMEL IN 46 032 X. J NITED STATES S TOTAL::: Please keep boz for an returns If r' r r 2 235 .66 p y you Tsh to request a e authorization, i As 2- a n ct r ual t D r m n at 80 27 717 3 contact our Department 0 Q Y P or via e-mail at returns @asap.com. 'LEASE SEE IMPORTANT TERMS CONDITIONS ON THE REVERSE SIDE OF THIS INVOICE. Please Pay in UNITED STATES DOLLAR: %Prescribed by State Board of Accounts Torm No. 301 (Rev. 1995) ACCOUNTS PAYABLE VOUCHER TO ADDRESS Invoice Date Invoice Number Item Amount I 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 Mo. Day Yr. Signature Title 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. Mo. Day Yr. Officer Title Voucher No. Warrant No. ACCOUNTS PAYABLE DETAILED ACCOUNTS MUNICIPAL WATER DEPT. ACCT. NO. CARMEL, INDIANA Favor Of AsA/� S o�w�t,cP Total Amount of Voucher —519300 ?e uctions 6 .0 6 O 2 Amount of Warrant (?j 7 5 Month of Yr Acct. VOUCHER RECORD No. Source of Suppl Water Treatment Transmission and Dist. Customer Accounts Administrative and General O eration- Maintenance Utility Plant in Servi Constr. Work in Progress Materials and Supplies Customers Deposits Total Allowed Board of Control Filed Official Title .BOYCE FORMS SYSTEMS 1 -800- 382 -8702 325 O TO ENSURE PROPER CREDIT, PLEASE RETURN 1, IE I;ltOii''c INVDCE ¢USTOM.k CtlS7014R t!b. Hb. /A #TENTION SH[? V!A RRG NUMBER_ DA7£ pMF„ 03830066 06/11/2008 170800 W08228 TERRY CROCKETT FEDEX GRND OUR COST 1 OF 1 TERMS NUMBER A$AP?FED 7�t 1 R N31M6ER SOED TU ATf NET 30 03830065 36- 3328437 IN CITY OF CARMEL 07/11/2008 ITEM IiUMeER QT D ESC RIP TZpN. A AMOUNT l QTY 4tTY i1RRED, SHI PAED.:: 8lQ, ;r PRICE 2461531 VILA BACKUP EXEC SERVER 12.0 WIN BNDL STD LIC WITH 1 YR 1 1 0 N 610.28 610.28 ESSENTIAL MAINT 636 SYMANTEC 13570917 COVERAGE THROUGH 06 /2009 1975361 VILA SQL SERVER STD 2005 X64 1 1 0 N 571.98 571.98 MICROSOFT b n� 228 -04048 1975229 VILA SQL USER CAL 2005 10 10 0 N 105.34 1,053.40 MICROSOFT 359 -01711 SPECIAL INSTRUCTIONS INVOICE SAI..E AMOUNT 2,235.66 THANK YOU FOR YOUR ORDER ASAP SOFTWARE 850 ASBURY DRIVE .FREJGHT HANDtEN4 BUFFALO GROVE IL 60089 „A..�,MSUaANCE 0 •p 0 SHIP TO PHONE: 847 465 -3700 FAX: 847 -465 -3277 CARMEL UTILITIES WWW.ASAP.CONI 760 3RD AVE. SW SUITE 110 SA :'i 0.00 CARMEL IN 46032 UNITED STATES ei Please keep original box for any returns. If you wish to request a return 7bTAL 2,235.66 authorization, contact our Quality Assurance Department at 800 272 3717 or via e-mail at returnsMasap.com. PLEASE SEE IMPORTANT TERMS CONDITIONS ON THE REVERSE SIDE OF THIS INVOICE. Please Pay in UNITED STATES DOLLARS 960D1 UN ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND E., :;v6 hw...,r.d ilk J. r �e.�a JOGfJMENT CONTAINS A DISPUTE RESOLUTION CLAUSE. These terms and conditions "Agreement apply to your purchase of products and /or services and support "Product sold in the United States by Dell, including its affiliates or subsidiaries- By accepting delivery of the Product, you accept and a e home 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: /www.dell -com /policy /legal /vvarranty.htm) THIS AGREEMENT SHALL APPLY UNLESS (1) YOU HAVE A 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 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 e-mail, or with your Product, information about your purchase may be obtained at https: support.dell.com /dellcare /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 Dell prior to Dell's acceptance of an order, Payment for 'he 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 time period noted on your invoice, measured from the date of the invoice. Dell may invoice parts of an order separately. Your order is subject to cancellation by Dell, in 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 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 Dell to Customer on shipment from 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 carrier selected by you is your responsibility. You must notify Dell wilhin 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. 4. Warranties. THE LIMITED WARRANTIES APPLICABLE TO DEL- BRANDED HARDWARE PRODUCT CAN BE FOUND AT http: /lwww. dell .com /policyllegal /warranty.htm OR IN THE DOCUMENTATION DELL PROVIDES WITH DELL BRANDED PRODUCT. DELL MAKES NO WARRANTIES FOR SERVICE, SOI7WARE, OR NON -DELL BRANDED PRODUCT, SERVICE, MAINTENANCE OR SUPPORT. SUCH PRODUCT, SOFTWARE, SERVICE, MAINTENANCE OR SUPPORT I$ PROVIDED BY DELL "AS IS" AND ANY THIRD -PARTY WARRANTIES, SERVICES, MAWTENANCEAND SUPPORT ARE 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 ARE EFFECTIVE ON PAYMENT IN FULL, AND DELL IS NOT OBLIGATED TO HONOR ANY WARRANTY OR PROVIDE SERVICE 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 PRODUCT, 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 in addition to these terms. Title to software remains with the applicable licensor(s). 5. Return Policies; Exchanges. Dell's return policy can be found at http: /www.dell.com /returnpolicy and you agree to those terms. 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 for Product that is lost, damaged, modified or otherwise processed for disposal or resale. At Deil'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." Dell will ship Product that has 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. Parts 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, Dek 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, com/service_ contracts or as otherwise delivered to you. Dell and /or your third -party service provider may in their discretion revise their general and optional service and support programs and the terms and conditions that govern them without prior notice Io you Dell has no obligation to provide service of 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 Dell. It is your responsibility to backup all existing data, sc "twarc, and programs before receiving services or support (including telaptione support). Dell and /or your third -party service provider will hive no liability for loss or recovery of data, programs or loss of use of systems) arising out of the services or support or any act or omission, including negligence, by Dell or your- third -party service provider. Neither Dell nor your third party service provider is permitted by law to copy pirated or copyrighted materials or to copy or handle illegal data. Prior to Dell and /or your third -parry service provider providing service or support, you represent that your systerl 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. Not For Resale or Export. You agree to comply with all applicable laws and regulations of the various stales 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, dell. com /policy /legal /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, CONSUMER PROTECTION, 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 LAW. 12. Binding Arbitration. ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND DELL, its agents, emAloyees, principals, successors, assigns, affiliates (collectively for purposes of this paragraph, "Deli 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 riot 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 http: /Jwww.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 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 Fedsrai 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 may be entered as a judgment in any court of competent jurisdiction. Dell will be responsible for paying any individual customer arbitration fees. 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 to the prevailing party, under the standards for fee shitting provided by law. Otherwise, each parry shall pay far its own costs and attorneys' fees, if any. Information may be obtained and claims may be filed with the NAF at P.O. Box 50191, Minneapolis, MN 55405. REV. 02/21/08 VOUCHER 085921 WARRANT ALLOWED X53053 IN SUM OF ASAP SOFTWARE P O Box 95414 Chicago, IL 60694 -5414 Carmel Wastewater Utility 6 -,ON ACCOUNT OF APPROPRIATION FOR 4 Board members PO INV ACCT AMOUNT Audit Trail Code 3830065 01- 7200 -07 $609.52 3830065 01- 7360 -07 $228.86 I c� n Y Voucher Total $838.38 Cost distribution ledger classification if claim paid under vehicle highway fund Prescribed by State Board of Accounts City Form No. 201 (Rev 1995) 4 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 353053 ASAP SOFTWARE Purchase Order No. P O Box 95414 Terms Chicago, IL 60694 -5414 Due Date 7/15/2008 Invoice Invoice Description Date Number (or note attached invoice(s) or bill(s)) Amount 7/15/2008 3830065 $838.38 hereby certify that the attached invoice(s), or bill(s) is (are) true and ;orrect and I have audited same in accordance with IC 5- 11- 10 -1.6 2 P /2 y-4 Date Officer AL TO ENSURE PROPER CREDIT, PLEASE RETURN THE UPPER PORTION WITH YOUR REMITTANCE. A IDA T 03834569 06/19/2008,170800 18215 TERRY CROCKETT IFEDEX GRND OUR COST 1 OF I DUE TERMS Nu BER A$AP;FED TAXI D "HUMBER :SOLD DATE NET 30 03834569 36-3328437 IN CITY OF CARMEL 07/19/2008 ITEM T OTY UNIV: A :AMOONT: ORDERED PRI :DESCR 2105259 VILA OFFICE PRO PLUS 2007 1 1 0 IN 308.62 308.62 MICROSOFT 7SP-01207 SPECIAL INSTRUCTIONS INVOICE SALE AMOiEN7 308-62 THANK YOU FOR YOUR ORDER ASAP SOFTWARE 850 ASBURY DRIVE BUFFALO GROVE IL 60089 INSURANCE' 0.00 SHIP TO PHONE: 847-465-3700 1 E FAX: 847-465-3277 CITY OF CARMEL WWW.ASAP.COM THREE CIVIC SQUARE 0.00 CARMEL IN 46032 UNITED STATES Please keep original box for any returns. If TO you wish to request a return 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 PLEASE READ THIS DOCUMENT CAREFULLY. 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 "Agreement apply to your purchase of products and /or services and support "Product sold in the United States by Dell, including its affiliates or subsidiaries. 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 Re. Policy. +!See: http: /www.dell.com /policy /legal /warranty.htm) THIS AGREEMENT SHALL APPLY UNLESS (1) YOU HAVE A SEPARATE PURCHASE AGREEMENT WITH DELL, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (II) OTHER DELI_ 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 e -mail, or with your Product, information about your purchase may be obtained at httpsJH support.dell.corr/dollcare /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 Dell prior to Dell's acceptance of an order. Payment forth;, 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 time period noted on your invoice, measured from the date of the invoice, Dell may invoice parts of an order separately. Your order is subject to cancellation by Dell, in 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 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 Dell to Customer on shipment from 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 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 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 4. Warranties. THE LIMITED WARRANTIES APPLICABLE TO DELL BRANDED HARDWARE PRODUCT CAN BE FOUND AT htip:/ /www. dell.com /policy /legal /warranty,htm OR IN THE DOCUMENTATION DELL PROVIDES WITH DELL BRANDED PRODUCT. DELL MAKES NO WARRANTIES FOR SERVICE, SOFTWARE, OR NON -DELL BRANDED PRODUCT, SERVICE, MAINTENANCE OR SUPPORT. SUCH PRODUCT, SOFTWARE, SERVICE, MAINTENANCE OR SUPPORT IS PROVIDED BY DELL "AS IS" AND ANY 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 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 ARE EFFECTIVE ON PAYMENT IN FULL, AND DELL IS NOT OBLIGATED TO HONOR ANY WARRANTY OR PROVIDE SERVICE 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 PRODUCT, 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 in addition to these terms. Title to software remains with the applicable licensogs). 6. Return Policies; Exchanges. Dell's return policy can be found at http:l /www.deil.com /returnpolicy and you agree to those terms. 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 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." Dell will ship Product that has 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. Parts used in repairing or servicing Product may be new, equivalent -to -new, or reconditioned. B. Service and Support. Service otferings may vary from Product to Product In addition to these terms and conditions, Dell arl 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 httpJ /www.dell comrservice contracts or as otherwise delivered to you. Dell and/or your third -party service provider may in their discretion revise their general and optional service and support programs and the terms and conditions that govern them without prior notice to you. Dell has no obligation to provide service or support until Dell has received full payment for the Product or service /support contract you purchased. Dellis not obligated to provide third -party branded service or support, or service or suppoZ for any products or services that you purchased through a third -party and not Def. It is your responsibility to backup all existing data, software, and programs before receiving services or support (including telephone support). Dell and /or your third -party service provider will have no liability for loss or recovery of data, programs or loss of use of system(s) arising out of the services or support or any act or omission, including negligence, by Dell or your- third -party service provider. Neither Dell nor your third party service provider is 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 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 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 CONSFOUENTiAL, 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. 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.dell, com /pDlicy /legal /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, CONSUMER PROTECTION, 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 LAW. 12. Binding Arbitration. ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, 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 ;lot signatories to Eris Agreemenp 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 m effect /available via Tile Internet at http:llwww arb -forum corn 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 hnnted 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 he 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 individual customer arbitration fees. 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 to the prevailing party, under the standards for fee shifting provided by law. Otherwise, each party shall pay for its own costs and attorneys' fees, if any Information may be obtained and claims may be filed with the NAF at P.O. Box 50191, Minneapolis, MN 55405. REV. 02/21/08 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 ASAP Software Purchase Order No. Terms Date Due Invoice Invoice Description Amount Date Number (or note attached invoice(s) or bill(s)) 06119104 3834569 VLA O ffice $308.62 Total 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 N& 21 08 VAR RANT NO. S ftliva e ALLOWED 20 'P.Q. Box 95414 IN SUM OF Chicago, IL 60694 -5414 $308.62 ON ACCOUNT ff AP FOR 1202 Information Systems Board Members D INVOICE NO. ACCT #/TITLE AMOUNT I hereby certify that the attached invoice(s), or bill(s) is (are) true and correct and that the final 38345619- 08.62 materials or services itemized thereon for which charge is made were ordered and received except 20 S+gna re Title Cost distribution ledger classification if claim paid motor vehicle highway fund