162654 08/20/2008 CITY OF CARMEL, INDIANA VENDOR: 00351581 Page 1 of 1
t ONE CIVIC SQUARE BRANIFF COMMUNICATIONS INC CHECK AMOUNT: $510.00
CARMEL, INDIANA 46032 4741 W 136TH ST
CRESTWOOD IL 60445 CHECK NUMBER: 162654
CHECK DATE: 8/20/2008
DEPARTMENT ACCOU PO NUMBER INVOICE NUMBER AMOU DESCRIPTION
1115 4350000 0019610 510.00 EQUIPMENT REPAIRS M
BRANIFF COMMUNICATIONS, INC.
4741 W, 136th St., Crestwood, Illinois 60445 I
Voice: (708) 597 -3200 Fax: (708) 597 =3307
PLEASE CONTACT CUSTOMER SERVICE WITH ANY QUESTIONS INVOICE NO.: 0019610
REGARDING THIS INVOICE. THANK YOU FOR YOUR CONTINUED
BUSINESS. INVOICE DATE: July 31, 2008
CUSTOMER P.O.: Todd Lucowski
PAGE 1 SALES ORDER NO.: SO-0018806
PAYMENT TERMS: Net 30 Days
SOLD TO: 990000474 SHIP TO:
City of Carmel City of Carmel
Accounts Payable Attn: Todd Lucoski
31 1st. Ave. N.W. 31 1st. Ave. N.W.
Carmel, IN 46032 Carmel, IN 46032
USA USA
Voice: 317- 571 -2580
Fax: 317-571-2585
MIUDELIPAI�l NUMBER DESCRIPTION QTY: UNIT PRICE AMOUNT:
REPAIR ITEM Siren System Central Encoder /Status Decoder SS1000 -2, 1.00
Evaluate and Repair.
LABOR- TRAVEL Service Call Travel Labor Charge (per travel hour) 5.00 60.00 300.00
LABOR -FIELD SERV Labor, Field Service Technician, on -site inspection of encoding 2.00 105.00 210.00
equipment, realigned Kenwood transceiver, repaired interface
wiring and thoroughly tested system
SUBTOTAL 510.00
Shipped Via: UPS Ground
SALES TAX
Ship Date: July 14, 2008
SHIPPING &HANDLING
TOTAL INVOICE AMOUNT 510.00
CHECK NO.: PAYMENT RECEIVED
TOTAL 510.00
ANY PAYMENT REQUIRED UNDER THIS INVOICE IS SUBJECT TO THE TERMS STATED ABOVE.
Form Revision A,1 (1112000)
TERMS OF SALE
(1) AGREEMENT AND LIMITATIONS. The agreement between Seller and Buyer (the "sales contrac(") with respect to the sale of goods "the goods
described on the attached quotation shall consist of the terms hereon and as outlined on the attached quotation together with any additions or revisions of such terms
nudually agreed to in writing by Seller and Buyer. Seller objects to and shall not be bound by any additional or different terms, whether printed or otherwise, in Buyer's
purchase order or in any other communication from Buyer to Seller unless specifically agreed to by Seller in writing. Except as expressly stated in the sales contract, no
reference to Buyer's purchase order or other communication from Buyer shall be deemed to incorporate by reference any terms appearing therein. The sales contract shall
be for the benefit of Seller and Buyer and not for the benefit orally other person. Prior courses of dealing, trade usage and verbal agreement not reduced to a writing signed
by Seller, to the extent they modify, add to, detract from, supplant or explain the sales contract, shall not be binding on Seller.
(2) TERMINATION OR MODIFICATION, The sales contract may be modified or terminated only upon Seller's written consent except that stenographic
and clerical errors are subject to correction by Seller or upon Seller's written consent. If Seller shall declare or consent to a termination of the sales contract, in whole or in
part, Buyer, in the absence of contrary written agreement signed by Seller, shall pay termination charges based upon expenses and costs incurred in the production of the
goods or in the performance of the service to the date such termination is accepted by Seller including, but not limited to, expenses of disposing of materials on hand or on
order from supplier and the losses resulting from site[] disposition, plus a reasonable profit. Notwithstanding the foregoing any goods substantially completed or services
performed on or prior to such termination shall be accepted and paid for in full by Buyer.
(3) PRICE AND PAYMENT. Prices are subject to increase by Seller based on Seller's prices in effect at the time of shipment in all instances where specified
shipment date is later than 90 days from date of order. Unless otherwise specified in the sales contract or Seller's applicable price list, prices are F.O.B. Seller's point of
shipment, and terns of payment are NET 30 days from the date of invoice. If the sales contract is for more than one unit of goods, the goods may be shipped in a single lot
or in several lots at the discretion of Seller. In such event each such shipment shall be paid for separately and Buyer shall be responsible for all transportation charges.
Seller may require full or partial payment or payment guarantee in advance of shipment whenever, in its opinion, the financial condition of Buyer so warrants. Minimum
billing per order is 525.00.
(4) RISK OF LOSS. The risk of loss of the goods or any part thereof shall pass to the Buyer upon delivery thereof by Seller to the carrier. Buyer shall have
sole responsibility for processing and collection of any claim of loss against the carrier.
(5) TAXES. Prices do not include taxes. Buyer shall pay Seller, in addition to the price of the goods, any applicable excise, sales, use or other tax (however
designated) imposed upon life sale, production, delivery or use of 1110 goods 01dered to line extent required or r i ylaw 'to coiiecteu bysellerrrom Buyer,
whether or not so collected at die time ofthe sale, unless valid exemption certificates acceptable to the taxing authorities are furnished to Seller before the date of invoice.
(6) DELI VERY. Promises of delivery from stock are subject to prior sale. Delivery dates are not guaranteed but are estimated on the basis of immediate
receipt by Seller of all information to be furnished by Buyer and the absence of delays, direct or indirect, resulting from or contributed to by circumstances beyond Seller's
reasonable control. Seller shall in good faith endeavor to meet estimated delivery dates but shall not be liable to Buyer for any dautages as a result of any delay caused or
contributed to by circumstances beyond Seller's reasonable control.
(7) DEDUCTIONS AND RETURNS. Deductions wilt not be honored unless covered by a credit memorandum. Goods shipped to the Buyer may be returned
to Seller for credit only upon the Seller's prior written consent (such consent to be in the sole discretion of Seller) and upon terms specified by Seller, including prevailing
restocking and handling charges. Buyer assumes all risk of lass for such returned goods until actual receipt thereof by Seller. Agents of Seller are not authorized to accept
returned goods or to grant allowances or adjustments with respect to Buyer's account.
(8) INSPECTION. Buyer shall inspect the goods immediately upon the receipt thereof, All claims for any alleged defects in Seller's performance under this
sales contract, capable of discovery upon reasonable inspection, must be fully set forth in writing and received by Seller within thirty days of Buyer's receipt of the goods.
Failure to make any such claim within said thirty -day period shall constitute a waiver of such claim and an irrevocable acceptance of the goods by Buyer.
(9) LIMITED WARRANTY. Braniff Communications, Inc, warrants each new product manufactured by Braniff to be free from defect in material and
workmanship, under normal use and service, for a period of two years oil parts replacement and one year oil labor from the date of delivery to the first user- purchaser.
During this warranty period, the obligation of Braniff is limited to repairing or replacing, as Braniff may elect, any parts of such product which, after examination by
Braniff disclosed to be defective in material and /or workmanship. Braniff provide warranty for any unit which is delivered, transported prepaid, to Braniffs facility or
designated authorized warranty service center for examination and such examination reveals a defect in material and/or workmanship. This waranty does not cover travel
expenses, the cost of specialized equipment for gaining access to the product, or labor charges for removal and re- installation of the product. Braniff s warranty shall not
apply to components or accessories, not manufactured by Braniff, that have a separate warranty by the original manufacturer, such as, but riot limited to, distributed
emergency lighting, warning and notification equipment and batteries. This warranty does not extend to any unit which has been subject to abuse, misuse, improper
installation or which has been inadequately maintained, nor to units which have problems relating to service or modification at any facility other than Braniff's facility or
authorized warranty service centers. THERE ARE NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED
WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARICULAR PURPOSE. IN NO EVENT SHALL BRANIFF BE LIABLE FOR ANY LOSS OF
PROFITS OR ANY INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY SUCH DEFECTS IN MATERIAL OR WORKMANSHIP.
(M) REMEDIES AND LIMITATIONS OF LIABILITY.. In the event Seller is claimed to have breached any of its obligations under the sales contract,
whether of warranty or otherwise, Seller may repair any defective goods, request the return of the goods and tender, at Seller's option, a replacement shipment of goods or
the purchase price theretofore paid to Seller. Seller shall tender a refund of the purchase price at its option only upon actual receipt of the goods by the Seller. If Seller so
requests the return of the goods, the goods will be redelivered to Seller, transportation prepaid, in accordance with Seller's instructions. The remedies contained in this and
the preceding paragraph constitute the sole recourse against Seller for breach of any Seller's obligations under the sales contract, whether of warranty or otherwise. In no
event shall Seller be liable for consequential damage nor shall Seller's liability on any claim for any direct, incidental, consequential or special damages arising out of or
connected with the sales contract or the rnanlfacturer, sale, delivery or use of the goods exceed the purchase price of the goods. Seller shall not be liable for failure to
perform its obligation under the sales contract resulting directly or indirectly from or contributed to by acts of God; acts of Buyer; civil or military authority; priorities;
fires; war, riot, delays in transportation; lack of or inability to obtain raw materials, components, labor, fuel or supplies; or other circumstances beyond Seller's reasonable
control, whether similar or dissimilar to the foregoing.
I t i :1.r 1 i t: IC 1 ..u.�u. aSan1.:I sty rt g.rt..:l �,a�.,1 rr a1�y t.. lit t� r.,,.,� by ":"a" .,f'
United States Letters Patent by such goods as are of Seller's ow'nmanufacture, if Buyer furnished specifications to Seller, Buyer shall hold Seller harmless against any
such infringement claims which arise out of compliance with such specifications. Seller's agreement in this paragraph to hold Buyer harmless shall not apply to any
infringement consisting of the use of goods manufactured by the Seller as a part of any combination with goods manufactured by Buyer or others. In the event that any
goods manufactured by Seller are in any suit held to constitute infringement and their use is enjoined, Seller, if unable within a reasonable tittle to secure for Buyer the
right to continue using such goods, either by suspension of the injunction, by securing for Buyer a license, or otherwise, shall, at its own expense, either replace such goods
with non- infringing goods or modify such goods so that they become non- infringing, or accept the return of the enjoined goods and refund the purchase price theretofore
paid by Buyer less allowance for any period of actual use thereof, Except as in this paragraph provided, Seller makes no warranty that the goods will be delivered free of
the rightful claim of any third person by way of infringement or the like and Buyer's remedies will be limited to those provided in this paragraph.
(12) ASSIGNMENT AND DELEGATION. No right or interest in this sales contract shall be assigned by Buyer without Seller's prior written consent, and no
delegation of any obligation owed, or of the performance of any obligation, by Buyer shall be made without Seller's prior written consent. Any attempted assignment or
delegation shall be void and totally ineffective for Al purposes unless trade in conformity with this paragraph. Notwithstanding the foregoing, if Bayer is an authorized
distributor of the goods for Seller, then Seller's obligation under paragraph 9, 10 and I 1 hereof, subject to all limitations of this sales contract, shall be extended to the
original purchaser of the goods from Buyer.
(13) SEVERABILITY. If any term, clause or provision contained in the sales contract is declared or held invalid by a court of competent jurisdiction, such
declaration or holding shall riot affect the validity of any other term, clause or provision herein contained.
(14) INSTALLATION. Installation shall be by Buyer unless otherwise specifically stated on the sales contract.
(15) GOVERNING LAW AND LIMCTATIONS. The formation and performance of the sales contract shall be governed by the laws of the State of Illinois.
Whenever a term defined by the Uniform Commercial Code as adopted in Illinois is used in these standard terms, the definition contained in said Uniform Commercial
Code is to control. Any action for breach of the sales contract or any covenant or warranty contained herein must be commenced within one year after the cause of action
has aces Lied.
Terms of Sale, Document 9645- 10136H (REV 11!10001
V NO. WARRANT NO.
ALLOWED 20
Braniff Communications
IN SUM OF
4741 W. 136th St
Crestwood, IL 60445
$510.00
ON ACCOUNT OF APPROPRIATION FOR
Carmel Clay Communications
PO# I Dept. INVOICE NO. ACCT /TITLE AMOUNT Board Members
1115 0019610 43- 500.00 $510.00 1 hereby certify that the attached invoice(s), or
bill(s) is (are) true and correct and that the
materials or services itemized thereon for
which charge is made were ordered and
received except
Friday, August 15, 2008
Director
Title
Cost distribution ledger classification if
claim paid motor vehicle highway fund
Prescribed by State Board of Accounts City Form No. 201 (Rev. 1995)
ACCOUNTS PAYABLE VOUCHER
CITY OF CARMEL
An invoice or bill to be properly itemized must show: kind of service, where performed, dates service rendered, by
whom, rates per day, number of hours, rate per hour, number of units, price per unit, etc.
Payee
Purchase Order No.
Terms
Date Due
Invoice Invoice Description Amount
Date Number (or note attached invoice(s) or bill(s))
07/31/08 I 0019610 I 510.00
1 hereby certify that the attached invoice(s), or bill(s), is (are) true and correct and I have audited same in accordance
with IC 5- 11- 10 -1.6
20
Clerk- Treasurer