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HomeMy WebLinkAbout167247 12/23/2008 CITY OF CARMEL, INDIANA VENDOR: 00353053 Page 1 of 1 ONE CIVIC SQUARE ASAP SOFTWARE CHECK AMOUNT: $1,265.96 s;4 CARMEL, INDIANA 46032 PO Box 95414 CHICAGO IN 60694 -5414 CHECK NUMBER: 167247 CHECK DATE: 12/23/2008 DE PARTMENT ACCOUNT P NUMBE INVOICE NU AMOUN DESCRI 1192 4463202 19723 03905847 312.74 OFFICE PRO 1202 4463202 19766 3909892 312.74 OFFICE PRO 2200 4463202 19789 3910824 327.74 OFFICE PRO 502 4463202 14816 391173 312.74 OFFICE PRO AL TO ENSURE PROPER CREDIT, PLEASE RETURN THE UPPER PORTION WITH YOUR REMITTANCE. A I,NUOIr NVi)iCE EUSTOMR R IrU$tOM! R PD NO AttC NTION SHCP ftlk Fk� aH11M8tR tLt1T NUMB£R 03909892 170800 19766 TERRY CROCKETT FEDEX GRND OUR COST 1 OF 1 ORDER'. 7RM$ I NUMBE$ ASAPFa TAX. I D,. ;NUMBER S0 t0..7o DkTE NET 30 03909892 36 3328437 IN CITY OF CARMEL 01/07/2009 ITfM NUMBER: AE5RIPTIDN: ANO>#NT 4RDI tED SH 8Id A PR CE 2105259 VILA OFFICE PRO PLUS 2007 1 1 0 N 312.74 312.74 MICROSOFT 7SP -01207 r /�y (nfy[/ tty fJ SPECIAL INSTRUCTIONS INVOICE SALES 312.74 THANK YOU FOR YOUR ORDER ASAP SOFTWARE 850 ASBURY DRIVE GR7GHT HANpICNG BUFFALO GROVE IL 60089 :INSUgNCE 0.00 SHIP TO PHONE: 847 465 3700 FAX: 847 -465 -3277 IN CITY OF CA RMEL WWW.ASAP.COM ONE CIVIC SQUARE `?►LES 0.00 CARMEL IN 46032 UNITED STATES Please keep 6oz for an returns. If 7 ©TAL. p y you wish to request a return 312.74 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 660D1 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 ac)v and-we 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' crn Policy.'(See: http: /www.dell,com /policy /legal /warranty.htm) THIS AGREEMENT SHALL APPLY UNLESS (I) YOU HAVE A SEPARATE PURCHASE AGREEMENT WITH DELL, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (II) 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 Deil. 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 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 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. Lass or damage that occurs during shipping by a carrier selected by Deli 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 sates 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 http: /www.dell.com /policy /legal /Warraflty.htm OR IN THE DOCUMENTATION DELL PROVIDES WITH BELL 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 "AG 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- PABTY-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). 6. 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 tees for returning or exchanging Product. Additional fees may apply. It 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 far 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 passible. 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, 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.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 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. 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, 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 Deli 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 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 tor copyright infringement if those files were copied by Dell and /or your third -party service provider. 9. Limitation of Liabifity. 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 RESPONSBLE 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 baying 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 PROTECPON_ COMMON I AW 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 cr .elating W 4us 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 wnh third parties who are not signatories to this Agreementl. Dell's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAB under its Code of Procedure then in effect (available via the Internet at httpPwww.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 ASA REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATEATTORNEY 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. sac, 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 shifting provided by law. Otherwise, each party shall pay for its awn 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 Pres,,ri)ed by Stjite Board of Accounts City Form No. 201 (Rev. 1995) l 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)) 312.74 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 I\e. mx j /e&- WARRANT NO. /AP SoftWare ALLOWED 20 .,...,P.O. Box 95414 IN SUM OF hmeage, 1 L 60694 -5 $312.74 ON ACCOUNT OF APPROPRIATION FOR General Fund 1202 Information Systems Board Members PO# or DEPT 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 3909892 632 -02 $312.74 materials or services itemized thereon for which charge is made were ordered and received except 20 i nature Tftle Cost distribution ledger classification if claim paid motor vehicle highway fund LL ASAP INVOICE INVOICE NO: 3910824 Software INVOICE DATE: DEC 09 2008 CUSTOMER NO: 170800 850 ASBURY DRIVE AMOUNT DUE: 327.74 BUFFALO GROVE IL 60089 Please Pay in UNITED STATES DOLLARS DUE DATE: JAN 08 2009 PLEASE BE SURE THIS ADDRESS SHOWS THROUGH WINDOW. V H: IN CITY OF CARMEL ASAP SOFTWARE .D T 1 CIVIC SQUARE T PO BOX 95414 T: r> CARMEL IN 46032 -2584 CHICAGO IL 60694 -5414 'a; LLJ�II�IIII��I�III�II�L�I�LLLL�I��L�III��II��IIJ�I�I I�Il��ll����llf�l�l���l�rl ,IJ�J��I���II11��LI�II�I�J�IL�1 139 1/1:139 TO ENSURE PROPER CREDIT, PLEASE RETURN THE UPPER PORTION WITH YOUR REMITTANCE. iNVOlC> IN4U:C€ CUSTOMER NUMBER DATE NUMB/; CUSTOMER PD NO RTTENTIOk SHIP VIA PAGE 03910824 12/09/2008 170800 19789 TERRY CROCKETT FEDEX GRIND OUR COST 1 OF 1 aRDEQ; ;DUt 1;ERM5 HUMBER ASAP:i FED FAX: S O ;NUMBER SOLD TD F?ATf NET 30 03910824 36- 3328437 IN CITY OF CARMEL 1 01/08/2009 ITEM NUMBER, IIESCRIPTION $IO IA UNIT AMOUNT D OROfiIE. SHIPf'E PR CE 2105259 VILA OFFICE PRO PLUS 2007 1 1 0 N 312.74 312.74 MICROSOFT 79P -01207 2345158 OFFICE PRO PLUS 2007 WIN32 ENGLISH CD MEDIA ONLY 1 1 0 N 15.00 15.00 ASAP SOFTWARE 79P -00031 SPECIAL INSTRUCTIONS INVOICE SALE AMOUNT 327.74 THANK YOU FOR YOUR ORDER ASAP SOFTWARE 850 ASBURY DRIVE FREIGHT HANDLING: BUFFALO GROVE IL 60089 Li,779SURANCE 0.00 SHIP TO PHONE: 847 465 -3700 FAX: 847 465 -3277 IN CITY OF CARMEL WWW.ASAP.COM THREE CIVIC SQUARE SaLI`S',TAX 0.00 CARMEL IN 46032 UNITED STATES Please keep original box for any returns. If you wish to request a return TUTAL 32 7.74 authorization, contact our Quality Assurance Department at 800 272 -3717 or via e-mail at returnsHasap.com. PLEASE SEE IMPORTANT TERMS a 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 Return 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 (R) 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. It 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 httpsl/ support.dall.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 most 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 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 http: /www. dell.com /policy /Iegaf /warranty.htrn 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 OELL'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). 6. Return Policies; Exchanges. Dell's return policy can be found at http /Iwww.dall.com /retumicoficy 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 anytime 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 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 arcordarce with the term and conditions located at h tp://w dell cemisej rice contracts or as cthenvise dek@vared to you. Dell and /or your third- parh, service provider may in their discretieri 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. 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 afl 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 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 -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 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 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.deH 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, 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 http://www.arb- forum.corn or via telephone at 1 -BOO- 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 he 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 may be entered as a judgment in any court of competent jurisdiction. Dell will be responsible for paying any individual customer arbitration fees. lf any customer prevails on any claim that affords the prevailing parry 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 tee 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 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. .850 Asbury Drive Terms Buffalo Grove, IL 60089 Date Due Invoice Invoice Description Amount Date Number (or note attached invoice(s) or bill(s)) 1 gicunp Office Pro Pills 2007 Morrosnift _$32774 r 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 NO. WARRANT NO. ALLOWED 20 -ASAP Software IN SUM OF 850 Asbury drive Buffalo Grove, IL 60089 $327.74 ON ACCOUNT OF APPROPRIATION FOR Department of Engineering Board Members EP or INVOICE NO. ACCT #/TITLE AMOUNT DEPT. I hereby certify that the attached invoice(s), or 19789 3910824 2200- 4463202 $327.74 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 Signature Cost distribution ledger classification if Title claim paid motor vehicle highway fund TO ENSURE PROPER CREDIT, PLEASE RETURN THE UPPER PORTION WITH YOUR REMITTANCE. A NI�UICf r NYDiGf CUS TOMER VI A:: PAU: isws r CxY Ark YARN I jljr� ITEM NUMBER I :::::::;;::::DES X-m AH IPRED: 2105259 VLA OFFICE PRO PLUS 2007 y 1 1 0 N 312.74 312.74 MICROSOFT 7SP-01207 4 7 r SPECIAL INSTRUCTIONS INVOICE AMOU 312.74 THANK YOU FOR YOUR ORDER ASAP SOFTWARE FR EJG}IT 850 ASBURY DRIVE SHIP TO BUFFALO GROVE IL 60089 0.00 I 1.- .11 PHONE: 847-465-3700 FAX: 847-465-3277 CITY OF CARMEL WWW.ASAP.COM I DEPT OF COMMUNITY SERVICES 0.00 ONE CIVIC SQUARE CARMEL IN 46032 I.. I.. I UNITED STATES I I I... .1 .1.1-1 I. I. I.. OT T Please keep original box for any returns. If you wish to request a return 312. authorization, contact our Quality Assurance Department at 800 272 -371 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 -D1 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 Return 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 (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 net receive an invoice or acknowledgement in the mail, via e-mail, or with your Product. information about your purchase maybe obtained at https: support.delf.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 Defl'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 time period rntnd 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, Def's stmt/ 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 disd�;Ot 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 Dellis 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 pad 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 http: /www. dell .com /po €icyllegallwarranty.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 Or 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 licensohs). 6. Return Policies; Exchanges. Dell's return policy can be found at http /lwm.dell.com /raturnpolicy 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. Al Dell's discretion, credit for partial returns may be less than invoice or individual component prices due to bundred 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 anytime 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, 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.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 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. 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 -parry and not Dell. 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 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 -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 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 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 sxpod. 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.dall. com /policy /legal /termsofsale.btm, 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 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 http:llwww.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 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 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 parry 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 tee shifting provided by law. Otherwise, each parry 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. 02/21106 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 L Purchase Order No. Terms Date Due Invoice Invoice Description Amount Date Number (or note attached invoice(s) or bill(s)) a s 63 16S1 Lj 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 NO. WARRANT NO. ALLOWED 20 IN SUM OF pia ON ACCOUNT OF APPROPRIATION FOR Board Members INVOICE NO. ACCT /TITLE AMOUNT DEPT 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 200' XI natur rte, e s Cost distribution ledger classification if Title claim paid motor vehicle highway fund A INV I:CE R HUMBER, DATE NUMBER CUSTOMER:: P0 :':NO AT ppGE 03911773 12/ 170800 14816 IFEDEX GRND OUR COST 1 OF I ix i.: T 4E13;jA "J."D ':NUMBER:. :ASAP. ;:S0LD:::.TG: T ERMS A 1.0 VAU NET 30 03911773 36- 3328437 IN CITY OF CARMEL 01/10/2009 Y. OTY AMOItNT ORDERit v�:01'I'dPR I C F MICROSOFT 2105259 VLA OFFICE PRO PLUS 2007 1 1 o N'- 312.74 T 312.74 79P-Oi2O7 SPECIAL INSTRUCTIONS INVOICE 312.74 THANK YOU FOR YOUR ORDER ASAP SOFTWARE 850 ASBURY DRIVE FItEiGHr HANDLING: BUFFALO GROVE IL 60089 0.00 SHIP TO PHONE: 847-465-3700 FAX. 847-465-3277 IN CITY OF CARMEL WWW.ASAP.COM ONE CIVIC SQUARE 0.00 CARMEL IN 46032 UNITED STATES TOTAL Please keep original box for any returns. If you wish to request a return 312.74 authorization, contact our Quality Assurance Department at 800-272-3717 or via e--mail at returns@asap.cofn. PLEASE SEE IMPORTANT TERMS CONDITIONS ON THE REVERSE SIDE or THIS INVOICE. Please Pay in UNITED STATES DOLLARS 960DI 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 Return 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 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 It 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 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 DeII, payment must be received by Dell prior to Dell's acceptance oar, 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 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 DO 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 addtticnal 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 dales are estimates only. A. Warranties. THE LIMITED WARRANTIES APPLICABLE TO DELL BRANDED HARDWARE PRODUCT CAN BE FOUND AT http: /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 BYTHE 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. Alf 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 Ilcensor(s). 6. Return Policies; Exchanges. Dell's return policy can be found at http: /www.dRII.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 fallow the return or exchange instructions and policies provided by Deli, 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. 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: l /www.dell.com /service_contracls 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. 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 0611. 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 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 -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 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 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 /policy /legalttermsofsale.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 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 than in effect (available via the Internet at http:! /www.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 CLASSACTiON 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 blithe arbitrators) 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. It any customer prevails on any claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for tees, the Arbitrator may award reasonable fees to the prevailing parry, 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 S Purchase Order No. 0 Terms L �'_k-d �0- %J'1�o 1-1 9 .(n 6 0 Date Due Invoice Invoice Description Amount Date Number (or note attached invoice(s) or bill(s)) o� .a R1 77 3 L 1 ,Qw, o� 3/d.7 VV 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 NO. WARRANT NO. ALLOWED 20 6,4 �i�ruA IN SUM OF v bo 31c2.- ON ACCOUNT OF APPROPRIATION FOR Board Members Po# or INVOICE NO. ACCT #!TITLE AMOUNT DEPT. I hereby certify that the attached invoice(s), or Q 2 911 73 3 07 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 �C, L 200 Signature C�- Title Cost distribution ledger classification if claim paid motor vehicle highway fund