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166138 11/24/2008 CITY OF CARMEL INDIANA VENDOR: 359584 Page 1 of 1 ONE CIVIC SQUARE BRENNTAG MID SOUTH INC CHECK AMOUNT: $1,789.75 CARMEL INDIANA 46032 3796 RELIABLE PARKWAY •c, a CHICAGO IL 60686 CHECK NUMBER: 166138 CHECK DATE: 11/24/2008 D EPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 601 5023990 572456 1,789.75 OTHER EXPENSES $renntag Mid- South, Inc BRENNTAG 1405 Highway 136 W P.O. BOX 20 Henderson, Kentucky 42419 -0020 1) INVOICE BMS572456 INV DATE: 11/06/08 PAGE 1 OF 1 DUE DATE: 12/06/08 SOLD TO: SHIP TO: CITY OF CARMEL UTILITIES CARMEL WATER, PLANT 5 3450 WEST 131ST STREET 5484 E_ 126TH STREET WESTFIELD IN 46074 CARMEL IN 46032 �no (4 FEDERAL ID 610504545 DATE SHIPPED: 11/06/08 TERMS NET DAYS B/L 159984 -00 SHIP WHS: 29 SALESPRSN: 294 CUSTOMER 407542 SHIP VIA: OUR TRUCK PKG CUSTOMER PO VERBAL FOB DELIVERED TAX EX# 356000972 -001 -9 UNITS SHIPPED PROD WGT /GAL TOTAL QTY UNIT PRICE EXTENDED 39.0000 805002 1.000 1950.0000# .9050 1,764.75 50.0000 BAG SOD FLUORIDE GRAN F/S QUESTIONS, CALL 317- 898 -8632 REMIT TO ADDRESS: BRENNTAG MID SOUTH, INC 3796 RELIABLE PARKWAY CHICAGO IL 60686 -0037 MERCHANDISE 1,764.75 INS SEC SURCHARGE 25.00 PAID ON OR PRIOR TO 12/06/08 INVOICE TOTAL 1,789.75 PAID AFTER 12/06/08 INVOICE TOTAL 1,807.65 Original Document Atlanta, GA Columbus, OH Indianapolis, IN Miami, FL St. Albans, WV Bartonville, IL Georgetown, KY Kansas City, MO Nashville, TN St. Louis, MO Calvert City, KY Greeneville, TN Kennesaw, GA Nitro, WV Tampa, FL Chattanooga, TN Henderson, KY Louisville, KY Orlando, FL Terre Haute, IN Clearwater, FL Huntsville, AL Memphis, TN Springfield, MO Valdosta, GA ALL SALES SUBJECT TO AND GOVERNED BY THE TERMS AND CONDITIONS SET FORTH ON THE REVERSE SIDE TERMS AND CONDITIONS I. Conflicting Provisions Seller's terms and conlitirnu stated in This Document ]`Terms and Conditions shall be deemed controlling notwithstanding any prior or subsequent purchase order or similar document from Purchaser. Purchaser by taking deli,ery of all or any portion of the items shown on the revet:se side shall be conclusively deemed to have accepted and assented to Seller's'I'erms and Conditions. 2. Purchase Price and Pananent The purchase price for all items shown on the rcycrse side excludes sales. use. occupation, license, excise and other taxes and fees in respect of manufacture, sale, storage, consumption or deliverv. all of which shall be paid by Purchaser. The purchase price for all items is payable in lawful money of the United States. Acceptance by Seller of drafts. checks or other media of payment will be provisional only and Subject to immediate collection of the full face amount thu'eol. Seller reserves the right to charge a lane fee and /or interest, if Purchaser fails to make any payments to Seller when same become clue. 3. Dcliver0 orcc 1 rc Delivery of good~ m the Purchaser's location Shall constitute delivery to the Purchaser, and all risk of loss or damage shall thereupon pass to and be assumed by the Purchaser. Any time or date stated for delivery iS am estintatc onh and the Seller shall not be liable for failure to deliver at the specified time or on the specified (late, nor shall such failure on the part of the Seller be deemed to he if breach of this Agreement or any terms and conditions or part thereof. Purchaser shall not be entitled to cancel or rescind this sale not shall Seller be liable in dannages or otherwise, in the case of delay or impairment or failure of perlirmance by Seller by reason of cause beyond Seller's control, including, without limitation. claims of force nnajcure by Seller's _;upplicrs. strikes, Iahor difficulties, shorta oh labor, fuel, power, materials or supplies, inability to obtain shipping space, transportation delays. tire. Iloods, accidents, riots, acts of God, wars governmental interference or embargo. In any such event. Seller reserves the right, in its sole discretion, to allocate its inventory between Purchaser and SCIICI" other customer;. and Purchaser wsiy c, any right to assert ti claim against Seller therefor. 4. Suspension of Credit or Shi pment Seller may at any time alter or suspend credit to Purchaser. step shipment to Purchaser in transit, or delay ill refuse to ship to Purchaser, or cancel any or all fulfilled orders when, in Seller's sole opinion: a. the financial condition of Purchaser is uns:uislactory to Seller; h. ilrlivcry is delatvCd by the I:uth of Purchaser: C. Purchaser is delinquent in pacmcnt of any obligation owed to Seller. of d. sale of products or nrtenal, to Purchat,cr nee re,tdt in environmental, safety or health danger or hazard. 5. Warrant) Seller warrants that the product., or materials delivered hereunder meet the standard specifications of the manufacturer(s) for the products or such other specifications as may have been expressly agreed w in writing by Purchaser and Seller. SFLLFR MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED. INCLUDING. WITHOUT L.IMITAI'ION. ANY WARRANTY OF MERCI IAN "1'AI31LI "Il" OR PI 'TNFSS FOR ,A PAR'I'IC'UL.AR PURPOSE. Determination of the suitability of the Product supplied hereunder for the uses and ❑ppli- cations contemplated by Purchaser au d other, (hull be the ,oie responsihility of Purchaser. Purchaser assumes till risk and liability resulting from the handling, use. storage or resale of the products delivered hereunder. whclhcr aced. handled. StOI'Cd or resold Singl s or in combination with other products, and Purchaser agrees to indemnify and hold Scller harmless against any and till loss. damage,, liability, cost and e\pen,e (including reasonable attorneys' fees), arising out of Such use, handling, storage or resale. Scller assumes no obligation or liability for the technical :ukice given by Seller with reference to the sac of the ProdUetS or I'CStI]S oblained therefrom, and all such advice is given and accepted al Purchaser's risk. 6. 1,11MITATIONS OF LIABILITY a. PURCHASER IIERE13Y WAIVE ANY CLAPO AGAINST SELLER 1 CONSEQUENTIAL DAMAGES, LOSS OF OR DAMAGE TO GOODWILL OR ANY OTHER SPECIAL., DIRECT, INDIRECT OR INCIDENTAL DAMAGES. EVEN IF SELLER HAS BFFN ADVISED OF OR HAS NOTICE OF THE POSSIBILITY OF SUCH DAIVIAGES AND PURCHASER'S EXCLUSIVE. RFNIEDY WITH RESPFCI TO ANY CLAIM. WHETHER IN CONTRACT. TORT OR STRICT LIABILITY OR OTHERWISE. IN RESPECT OF THE PRODUCTS SOLD HFRFUNDER SI TALI, BF. 1 ?X['RFSSLY LIMITED TO THE AMOUNT OF THE PURCHASE PRICE OF SUCH PRODUCT OR THE REPLACEMENT OFSUCII PRODUCT. h. FAILURE BY PURCI IASER TC) GIVF %Vkl'I fEN NOTICF.OF SUCH CLAIM TO SELLER WITHIN 30 DAPS FROM ']'HE DATE OF DELIVERY OF SUCH PRODUCT SHALL CONSTITUTE A `,VAIVER [ill' PURCHASER OF ALI, CLAIMS IN RESPECT OF SUCH PRODUCT. NO PRODUCT SCOLD HEREUNDER SHALL BE RETURNED TO SELLER WITHOUT SELLEWS PFRMISSION. NO CLAIM SHALL BE ALLOWABLE AFTER ANY SUCH PRODUCT HAS 13EI N PROCESSED IN ANY MANNER. 7. Containers /Cvlinders n. All returnable containers and cylinders remain the properly of the Seller air(] must he returned to Seller. b. Container and cN linder deposits will he forfeited if containers are not reurncd within 90 days of shipment unless otherwise agreed to in writing by Seller. In addition to the forfciure o1 ally etch deposit, Purchaser ,hall remain liable for ru anwmn equal to the difference between the deposit and the replacement cost of any returnable container or cylinder which is not rrmrned w Seller. C. Pmchascr agrees to accept full respon,ibility and liahility for the disposal of non returnable containers and cylinders in strict compliance with all laws and regulations. d. purcha,ca ,hall indcnnfil ;anal hold SCller hannleq :u.ainst ;cry claim. lo,,, dam;a_c or expense arising from Purchaser's handling. use. storage or disposal of aury container nr cylinder. C. SCIICr rcacnCl the right In Charge Purchaser 'A ith demurrage for ¢no returnable container or cvlinlcr. 11. Returned Maitcriad No credit will he issued for material returned unless Seller has given yvritten consent to Such return. All returned material is Subject to if restocking charge. 9. Credits Any credit issued by Seller to Purchaser, nwy only be applied against the future purchase of Products by Purchaser and will not be paid in cash. Any such credit will expire one year after the date of issuance, and Scller will hale no obligation with respect thereto in the (lent that Purchaser does not apply the credit against the cost of Product purchased by it prior to such expiry date. Ill. Genial a. This Document shall net be a,signable in whole or in part by Purchaser without the prior written consent ol' Scller. b. Unless stated to the conu:uy el,cwhere in this Document, no action, regardless of form, arising out of the sale or delivery of product hereunder, may be commenced more than one vear after the cause of action has accrued. except that an action for nonpayment or for failure to return containers and cylinders may be brought at any tinne. C. Seller's waiver of any bleach. or fiailune to enforce any of the terms and conditions of this Agreement, at any time, shall not in :any way affect, limit or waive Seller's right there- after to enforce and compel strict compliance with each and every term and condition hereiff. The acceptance by the Seller of any payment after the specified due dale shall not constitute a waiver of the Purchaser's obligation to make f urther payments on the specific(] dates. d. This Agreement shall be governed by and enforced in accordance with the laws of the state in which the Seller's corporate office is located without reference to its conflict tar law rules. Purchaser by taking delivery of all or any items shall be conclusively dcenned to have consented to personal jurisdiction in the above mentioned state. C. The terms and conditions herein constitute the entire agreement between Seller and Purchaser and may not be modified or amended except by a writing executed by an authorized officer of Seller and no modification Shall be effected by the parties' course of dealing or the acknowledgment or acceptance of purchase order forms containing ternns or condi- tions in addition to or tit variance with those set forth herein. L If any provision or provisions of this Document shall be held to be illegal or unenforceable the legality and enforceability of the remaining provisions shall not in any wily he affect- ed or impaired. o g Products shall be delivered to Purchaser as indicated on the face hereof. and unless otherwise indicated, Purchaser shall be responsible for the payment of all freight and transportation charges from SCIICI's point of loading to the delivery .,address specil ied on file face hereof: Delivery dates are apptuximate and are predicated on the prompt receipt by Seller of all necc-ary information and documentation Irons Purchaser. h. Unless Purchaser is authorized to distribute the products delivered hereunder pursuuut to if written agreement with Seller, Seller agrees that doe product is supplied to Purchaser for Purrhaser'.S' internal use ooh, and Purchaser may not repackage, re,ell or otherwise distribute the product to third parties without the express written consent of Seller. I. In tlne 0Cnl that Purchaser :till] Seller engage in any electronic transactions, including, but not limited lo, electronic data interchange or facsimile exchanges, such clecuonic cxchauge, shall all he considered as y .,lid and legally binding and shall he subject to the terms and conditions of this Agreement. VOUCHER 083677 WARRANT ALLOWED 9 359584 IN SUM OF t: BRENNTAG MID -SOUTH INC P� 3796 RELIABLE PARKWAY CHICAGO, IL 60686 -0037 0 R x v 4 Carmel Water Utility ON ACCOUNT OF APPROPRIATION FOR Board members PO INV ACCT AMOUNT Audit Trail Code (u% 572456 01- 6180 -03 $1,789.75 a r Voucher Total $1,789.75 Cost distribution ledger classification if claim paid under vehicle highway fund Prescribed by State Board of Accounts City Form No. 201 (Rev 1995) ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL r> An invoice or bill to be properly itemized must show, kind of service, where cr1 performed, dates of service rendered, by whom, rates per day, number of units, price per unit, etc. of Payee 359584 BRENNTAG MID -SOUTH INC Purchase Order No. 3796 RELIABLE PARKWAY Terms CHICAGO, IL 60686 -0037 Due Date 11/17/2008 Invoice Invoice Description Date Number (or note attached invoice(s) or bill(s)) Amount 11 /17/2W 572456 $1,789.75 ;1 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 ,r 31' Q Date Officer