165148 10/29/2008 a CITY OF CARMEL, INDIANA VENDOR: 359584 Page 1 of 1
�p ONE CIVIC SQUARE BRENNTAG MID SOUTH INC
y{ CHECK AMOUNT: $1,557.49
CARMEL, INDIANA 46032 3796 RELIABLE PARKWAY
CHICAGO IL 60686 CHECK NUMBER: 165148
CHECK DATE: 10/29/2008
DEPARTMENT AC COUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION
601 5023990 W08462 555760 296.50 FLUORIDE
201 4350400 17572 BMS558896 490.62 REFLECTING POOL CHEMI
2201 4350400 BMS561538 770.37 GROUNDS MAINTENANCE
Brennta¢. Mid- South, Inc. B R E N N TAG
1405 Highway 136 W P.O. BOX 20
Henderson, Kentucky 42419 -0020
INVOICE BMS558896 INV DATE: 10/07/08 PAGE 1 OF 1
DUE DATE: 11/06/08
SOLD TO: SHIP TO:
CARMEL STREET DEPARTMENT CARMEL STREET DEPARTMENT
ONE CIVIC SQUARE REFLECTING POOL
CARMEL IN 46032 THIRD AVE. 126TH STREET
CARMEL IN 46032
FEDERAL T_D 610504545 DATE SHIPPED: 10/07/08 TERMS NET 30 DAYS
B/L 122007 -00 SHIP WHS: 29 SALESPRSN: 294
CUSTOMER 897255 SHIP VIA: OUR TRUCK PKG
CUSTOMER PO# 1Z-73 h 5 1 FOB DELIVERED
TAX EX# 0031201550 -020
UNITS SHIPPED PROD WGT /GAL TOTAL QTY UNIT PRICE EXTENDED
197.2380 365998 10.140 197.2380G 2.1072 415.62
1.0000 G BULK SOD HYPOCHLORITE 12.5%
DRUM OFF -330 G POLY TOTE>> BLK
PO #17572 FOR 2008
QUESTIONS, CALL 317- 898 -8632
REMIT TO ADDRESS:
BRENNTAG MID SOUTH, INC
3796 RELIABLE PARKWAY
CHICAGO IL 60686 -0037 MERCHANDISE 415.62
FUEL SURCHARGE 75.00
PAID ON OR PRIOR TO 11/06/08 INVOICE TOTAL 490.62
PAID AFTER 11/06/08 INVOICE TOTAL 495.53
Original Document
Atlanta, GA Columbus, OH Indianapolis, IN Miami, FL St. Albans, WV
Bartonville, 1L 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 r
L COnllictim Prohisions
Seller's terms and conditions stated in this DOCIIIIICM i "iCrms and Conditions shall he deemed controIIin,_ notwithstanding any prior or subsequent purchase order or similar document
I'rOnt Purchaser. Purchaser by taking (IC IIVCry of all or any portion of the items shown on the reverse side shall he conclusively deemed Io have accepted and assented to SeIlcr's Tcrms
and Condilion,.
2. Purcha,e Pricc and Payment
The purchase price I'll :111 itcros.shown on the reverse Side exCladCS sales. use, occupation, license, excise and other taxes and fees in respect of 11hanu'actme, sale. storage, consumption,
or delivery. :dl of which shall he paid by Purchaser. The purchase price for all items is payable in lawlirl money Of the United States. Acceptance by Seller of drafts, checks or other
nhedia of p;tymcm will be provisional only and suhjcct to immediate collection of the full face anxhMn thereof. Seller reserves file right to charge it late fee and /or interest, if Purchaser
L1ils IO make any payments to Seller when .saune become due.
Defihe'y /Force Ma cure
DCli\cl'% of Cood, to the Purchaser'S location Shall constitute delivery to the Purchaser: and all risk of loss or damage shall thereupon pas.e wand be assumed by the Purchaser. Any time
ordmc slued tin dchvcly is an estimate only and the Seller shall not be liable for failure to deliver at the specified time or on the specified dale, nor shall Such failure on file part of fhc
Seller be Deemed to be it hrcach of This Agreement or any terms and conditions Or part (hereof. Purchaser shall riot be entitled to cancel or rescind this sale nor shall Seller be liable in
damago or otherw'isc. in file case of delay or impairment or failure of perlotniance by Seller by reason of causes beyond Seller's control, including, without limitation, claims of force
majeure b� Seller's suppliers, strikes. labor (lifficulticS. shortagCS 01 labor, fuel, power. materials or supplies, inability to obtain shipping Space, uansporta(ion delays, fire. floods,
accidc11l,, riots, acts o1' God, will. guvenunental interference or embargo. In any Such event, Seller reserves (he right, in its sole discretion, to allocate its inventory between Purchaser
and Seller', other cusanmcrs. and Purchaser waiveS any right to assert a claim against Seller therefor.
a. Su,p en,iun of G'cdit or Shipment
Seller nuov a( ;m y time alter or suspend credit In Purchaser. slop shipment to Purchaser in trallSk. or dClaty or refuse ro Ship to Purchaser, orcancel av n or all unfilled orders when. in
Seller" sole opinion:
a. the finandaf condition of Purchaser is rmsmistboinry to Seller:
It dchk cnv is dclaved by the Iaull OI Purchaser:
PmrCltasCl is Delinquent in paryntcm ul anv obligation Owed to Seller: or
d. sale of products or m:ucrialS to P111'CILI Cl May result in environmental. ealety or health danger or hazard.
i. Warrant
Seller wa rrlml, that the products or materials delivered hereunder meet the standard specilicaliuns of the manufacturer(s) for (he produclS or such other specifications as may have been
c.ypressly agreed to ill wriline by Purchaser and Seller. SELLER MAKES NO OTHER \VARRANTII-S, EXPRESS OR IMPLIED, INCLUDING. WITHOUT LIMITATION, ANY
WARRANTY OF MF.RCHANTAB11,1TY OR FITNESS FOR A PARTICULAR PURPOSE. Determination of the Suitability 01' the Product Supplied hereunder for the uses and appli-
cations Con(entplatcd by Purchaserr; and others shall be the Sole responsibility of Purchaser. Purchaser assumCS all risk and liability resulting from the handling, use. storage or resale of
the products dCliVCrC'd hereunder. whether used• handled, stored or resold singly or in combination with other products. and Purchaser agrees 10 indcnMily and hold Seller harmless
against any and all loss. damages, liability, cost and expense (including reasonable attorneys' fees). arising out of such use. handling, storage or res lc. Seller assumes no obligation or
liability for the technical aril -ice eiven by Seller with reference 10 the use Of the Products or results obtained therefrom, and all Such advice is given and aCCCpted at Purchaser's risk.
6. IJMITA"I'IONS OF LIABILITY
a. PURCHASER HEREBY WAIVES ANY CLAIM AGAINST SELLER FOR CONSEQUEN'T'IAL. DAMAGES, LOSS OF OR DAMAGE TO GOODWILL. OR ANY OTHER
SPECIAL. DIRECT. INDIREC OR INCIDENTAL DAMAGES, EVEN IF SELLER IiAS BEEN ADVISED OF OR HAS NOTICE= OF rHF POSSIBILITY OF SUCH DAMAGES
AND PURCHASER'S EXCLUSIVE REMEDY WITH RESPECT TO ANY CLAIM, WI [EITHER IN CON'T'RACT. TORT OR STRICT LIABILITY OR OTHERWISE;. IN RESPECT
OF THE PRODUCTS SOLD HEREUNDER SHALL BE EXPRESSLY LIMITED TO THE AMOUNT OF THE PURCHASE PRICE OF SUCH PRODUCT OR THE REPLACEMENT
OF SUCK PRODUCT.
h. FAILURE BY PURCHASER TO GIVE WRITH -N NOTICE OF SUCH CLAIM TO SELLER WITHIN 30 DAPS FROM TI IF DA "rE Of- DELIVERY Oh SUCH PRODUCT SHALL
CONSTITUTE A WAIVER BY PURCHASER OF ALL CLAIMS IN RESPECT OF SUCH PRODUCT. NO PRODUCT SOLD HEREUNDER SHALL BE RETURNED TO
SEI.i-FR wrrHOUT SEI.I.I R'S PERMISSION. NO CLAIM SHALL BE ALLOWABLE AI'rl R ANY SUCH PRODUCT HAS BEEN PROCESSED MANY MANNER.
7. Contai net :s /Cylinders
a. All returnable cOntaioCI'S and cylinder, Amain the property of lthc Seller and must he returned to Seller.
It. Container and cylinder deposits will he liufcited if containers are nut returned within 90 days of shipment. unless otherwise agreed to in writing by Seller. In addition to the
forfeiture of any such deposit. Purchaser shall remain liable for all amount equal to the difference between the deposit and the replacement cost of any returnable container or
C0i11der which is 11,11 returned to Seller.
C. Purchaser agrees to accept full responsibility and liability for the disposal of non- returnahle containers and cylinders in strict compliance with all haws and regulatiOnS.
d. Purchaser shall indemnify and hold Seller harmless against any claim. Toss, damage or expense arising from Purchaser'S handling, use, storage or disposal of any container Or cylinder
C. Sella reserves file right 141 charge Purchaser with demurrage fur any returnable container or cylinder.
s. R 011111Cll Material
Nn credit will he is,ucd tin nhatcri :d returned unless Seller has ;iveu wriucn consent to such return. All returned material is Suhjed 10 it restocking chary.
9, Credit,
Any OCdil issued by Seller to Purchaser may only he applied against the future purchase of Products by Purchaser and will not be paid in cash. Any such credit will expire one year
afler the date ul issuance, and Seller will have no obligation with respect thereto in the event that Purchaser does nut apply the credit against the cost of Product purchased by it prior to
such (spiry (title.
10. General
a. This Document shall not he assignable in whole or in part by Purchaser without the prior written consent of Seller.
h. Unless stated to the contrary elsewhere in this Document. no action, regardless of tbrm, arising out of the sale or delivery of product hereunder, nnay be con nicnccd more than one
year after the ruse of action has accrued. except that :Ill action for nonpayment or for failue (o return containers and cylinders may be brought at any time.
C. Seller's waiver of any breach, ur I'ailurC (o enfnrcC any 01'111C (erns ;Ind conditions of this Agreement• at any time, shall not in any way affect, limit or waive Seller's right there
atter to enforce and compel strict compliance with each and every term and condition hercot: The acceptance by the Seller of any payment after the specified due date shall not
constitute a waiver of the Purchaser's obligation to make f rther payments oil the specified dares.
Lt. This Aerccntell shall be governed by and enforced in accordance with (he laws of the state in which the Seller's corporate ol'fice is located without reference to its conflict of law
rules. Purchaser by taking delivery of all or any nemS shall be conclusively deemed to have consented to personal jurisdiction in the above mentioned state.
e. The tenors and conditions herein constitute the entire agreement between Seller and Purchaser and May 1101 tic nuttlil1Cd or amended except by it writing executed by an authorized
officer of Seller and no modificatiun shall be effected by the parties' course of dealing or the acknowlelgnhcnt or acceptance of purchase order forms containing terms or condi-
tions in addition to Or at variance with (hose set forth herein.
I: It any provision or provisions of this Document shall be held to he illegal or unenforceable the legality and enforceability of the remaining provisions shall not in any way be affect-
ed or inghaired.
Products shall be delivered to Purchaser as indicated on the face Ilel'e01. and unless otherwise indicated. Purchaser shall be responsible for the payment of all freight and
❑:msporturtion charges from Seller's point of loading to the delivery address specified on the face heroof. Delivery dales are approximate and arc predicated on the prompt receipt
by Seller of all necessary inforntalion and (Iocumentation from Purchaser.
h. UnICSS Purchaser is authorized to distrihufc the products DClivered hereunder pursuant to it written agreement with Seller. Seller agrees that the product is supplied to Purchaser for
Purchaser's' infernal use only, and Purchaser may not repackage, resell or otherwise distribute the product to third parties without the express written consent of Seller.
i. In the event that Purchaser and Seller engage in any electronic transactions, including, but 1101 limited to, electronic data interchange or facsimile exchanges. such electronic
exchangcs shall he constricted as valid and legally binding and shall be Subject tO the terns and conditions of this Agreement.
Brenntaa M South, Inc BRENNTAG
1405 Highway 136 W P.O. BOX 20
Henderson, Kentucky 42419 -0020
INVOICE BMS561538 INV DATE: 10/14/08 PAGE 1 OF 1
DUE DATE: 11/13/08
SOLD TO: SHIP TO:
CARMEL STREET DEPARTMENT CARMEL STREET DEPARTMENT
ONE CIVIC SQUARE REFLECTING POOL
CARMEL IN 46032 THIRD AVE. 126TH STREET
CARMEL IN 46032
FEDERAL ID 610504545 DATE SHIPPED: 10/14/08 TERMS :_NET 30-
DAYS-B/L 122009 -00 SHIP WHS: 29 SALESPRSN: 294
CUSTOMER 897255 SHIP VIA: OUR TRUCK PKG
CUSTOMER PO 1873 FOB DELIVERED
TAX EX# 0031201550 -020
UNITS SHIPPED PROD WGT /GAL TOTAL QTY UNIT PRICE EXTENDED
329.9989 365998 10.140 329.9989G 2.1072 695.37
1.0000 G BULK SOD HYPOCHLORITE 12.5%
DRUM OFF -330 G POLY TOTE BLK
PO #17572 FOR 2008
QUESTIONS, CALL 317- 898 -8632
*it ,tit* *tit *ititititit *it *it *itt *tit *ir�r*
REMIT TO ADDRESS:
BRENNTAG MID SOUTH, INC
3796 RELIABLE PARKWAY
CHICAGO IL 60686 -0037 MERCHANDISE 695.37
FUEL SURCHARGE 75.00
PAID ON OR PRIOR TO 11/13/08 INVOICE TOTAL 770.37
PAID AFTER 11/13/08 INVOICE TOTAL 778.07
Original Document
Atlanta, GA -Columbus;-OH Indianapolis, IN. Miami, FL St. Albans, WV
Bartonville, IL Georgetown, KY Kansas 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
Sellers leans and conditions staled in this Document "'Perms and Conditions shall be deemed controlling notwithstanding any prior or Subsequent purchase order or similar document
from Purchaser. Purchaser by taking delivery of:dl on por'lioil of the irons shown on the reverse side shall be conclusively deemed to have accepted and assented to Seller 's Ternns-
and C'ondnions.
Purchase Price and Pa, noon
The purchase price fur all items shown on the reverse side excludes sales. use, occupation, license, excise and other taxes and ices in respect of nlilnnfaCtUrc, sale, storage. consumption.
or delivery, all of which shall be paid by Purchaser. The purchase price lit all items is payable in lawful money of the United States. Acceptance by Seller of dralis, checks or other
media of payment will he provisional only and subject to inunediare collection of the lull face amount thereof. Seller reserves the right to charge a late fee and /or interest, it' Purchaser
fails [o make any payments to Seller when same become due.
Dchyci /Force Ma cure
Dclivery of to [lie Purchaser's location shall constitute delivery to the Purchaser: and all risk of loss or damage shall Ihcreupon pass to and he assumed by the Purchaser. Any lime
or date state(] Gr delivery is an estimate only and the Seller shall nor be liable fix failure w deliver :n [lie specified lime or on the specified date, not shall such failure on the part of the
Seller be deemed to be it breach oh this Agreement or any terms and conditions or part thereof. Purchaser shall not be entitled to cancel or mscind this sale nor shall Seller be liable in
dama,_es or otherwise, in the case of delay or impairment or failure of performance by Seller b reason of causeS beyond Seller's control, including, without limitation, claims of force
nwjcm'e hV Seller's suppliers, strikes, labor diflicultics. shortages of labor, fuel, power, materials or supplies, inability to obtain shipping space, Iransportalion delays. fire, floods,
accidents, riots, acts of God, war, governmental interference or embargo. In any Such event, Seller reserves the right, in its sole discretion, to allocate its inventory between Purchaser
and SCI ICI''S other ctrstonlcrs. and Purchaser WaiVCS any right to assert it claim against Seller t erct'oi.
d. Suspension of Credit or Shipment
Seller may in any time :firer or suspend credit to Purchaser. slop Shipment to Purchaser in transit. or delay or refuse to ship to Purchaser or cancel any or all unfilled orders when. in
Sellers Sole opinion:
a. the fivallcial condition of Purchaser is unsutisfactory to Seller:
h. delivcry is delayed by the fault of Purchaser:
Purchaser is delinquent in pavnncn[ of anv obligation owed to Seller: (IT
It. ,ale of produciS or materials to Purchaser may result in cnVironmen[ad, safely or health danger or hazard.
S. \Varr:unv
Seller W:uranS that I[te products or materials delivered hereunder nice[ the standard specifications of the manufacturer(s) fix the products or such other spccifica[ions as may have been
expressly agreed to in writing by Purchase and Seller. SELLER MAKES NO OTHER WARRANTIES. EXPRESS OR IMPLIED. INCLUDING, WITHOUT LINIVE "I'ION. ANY
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Dcternnination of the suitability of the Product supplied hereunder fix the useS and appli-
cation. contemplated b Purchaser and others shall be the sole responsibility of Purchase. Purchaser assumes all risk and liability I from the handling. use, storage or resale of
the products dCliyetd hereunder, whether used, handled, stored or resold singly or in combination with other products, and Purchaser agrees to indemnify and [toll Seller harmless
against :my and all loss. damages, liahilily, cost and expense (including reasonable attorneys' fees), arising out of such use, handling. storage or resale. Seller assumes no obligation or
hilhilily for the icchnical advice given by Seller wilt reference to the use of the Products or results obtained therefrom, and all such advice is given and accepted at Purchaser's risk.
6, LIN1ITATIONS OF LIABILITY
n. PURCHASER HEREBY WAIVF.S ANN' CLAIM AGAINST SELLER FOR CONSEQUENTIAL DAMAGES. LOSS OF OR DAMAGE TO GOODWILL OR ANY OTHER
SPECIAL.. DIRECT. INDIRECT OR INCIDENTAL DAMAGES, EVEN IF SELLER HAS BEEN ADVISED OF OR HAS NOTICE OF THE POSSIBILITY OF SUCH DAMAGES
AND PURCHASER'S EXCLUSIVE REMEDY WITH RESPECT "I'O ANN' CLAIM. WH PHLR IN CONTRACT. TORT OR STRICT LIABILITY OR OTHERWISE. IN RESPECT
OFTHF PRODUCTS SOLD HEREUNDER SHALL BE EXPRESSLY LIN1ITED TO THF. AMOUNI'OFTHE PURCHASE PRICE OF SUCH PRODUCT OR THE REPLACE?VIENT
OF SUCH PRODUCT.
b. FAILURE BY PURCHASER "PO GIVE WRITTEN NOTICE OF SUCH CLAIM TO SELLF..R WITHIN 30 DAYS FROM THE DATE 01 DELIVERY OF SUCH PRODUCTSHALL
CONSTITUTE A WAIVER BY PURCHASER OF ALL CLAIMS IN RESPECT OF SUCH PRODUCT. NO PRODUCT SOLD I1ERI UNDER SHALT. BE RETURNED TO
SELLER WITHOUT SELL.ER'S PERMISSION. NO CLAIM SHALT. 61 ALLO\ \'ABLE Al- I 'ER ANN' SUCH PRODUCT HAS BEEN PROCESSED IN ANY MANNER.
7. C onlaincrs /CVImders
a. All returnable containers and cylinders remain the property of the Seller and must be returned to Seller.
h. C'oniainer and evlinder deposits will be lorlened it containers are not returned within 90 days of shipment, unless otherwise :Igr'ecd to in writing by Seller. In addition to [he
1011Clltlre of anV such deposit. Iurchaser Shall remain liable for an amount equal to the difference between the deposit and the replacement cost of any returnable container or
cvlinder which is not returned to Seller.
e. Purchaser agrees to accept full responsihiiity and liability for the disposal of non returnable containers and cylinders in strict compliance with all laws and regulationS.
d. Purchaser shall indemnify and hold Seller harmless against any claim, loss, damage or expense arising front Purchaser's handling, use, storage or disposal of any container or
cvlindcr.
C. Scllcr reserves the right to charge Purchase with demurrage for any returnable container or cylinder.
S. R emmed Material No credit ((ill he issued lox material returned unless Seller has uiVen written consent to Such return. All retuned matui ;d is Subject to it restocking charge.
credits
Any credit issued by Seller to Purchaser, nnav only be applied against the future purchase of ProCILMS by Purchaser and will not be paid in cash. Any such credit will expire one vcar
alter the (tale of issu:uue, and Seller will have no obligation with respect thereto in the event Ihnt Purchaser does not apply (tic credit against [he cost of P(oducl purchased by it prior to
such expin• (lane.
10. General
a. "['his Document shall not be assignable in whole r in part by Purchaser without the prior written consent of Seller.
b. Unless steed to the contrary elsewhere in this Document, no action, regardless of form, arising out of the sale or delivery of product hereunder, may be commenced more than one
veal alter the cause of action has accrued, except than :m action for nonpayment or for failure to return containers and cylinders may he brought nt any lime.
C. Selle'S waiver of any breach, or failure to enforce any of the terms and conditions of [his Agreement, at any time, shall not in any way affect. limit or waive Seller's right there-
after to enlixCC and compel Stricl compliance with each and every term and condition hereof. The acceptance by the Scaler of any payment alter the specified due date shall not
constitute it waiver of [he Purchaser's obligation to make further payments on [tic specified dates.
Lt. ThiS Agreement Shall be governed by and enforced in accordance with [he Taws of rile state in which the Seller's corporate office is located without reference to its conflict of law
rules. Purchaser by taking delivery of all or any items shall be conclusively (ICe lC(l to have consented to personal jurisdiction in [he above mentioned state.
V. The tams and conditions herein constitute the entire agreement between Seller and Purchaser and may not be modified or :InlemdCLI except by a writing executed by an authorized
officer of Seller and no modification shall he elTecte(1 by the parties' course of dealing or the acknowledgment or acceptance of purchase order forms containing terms or condi-
tions in addition to or in variance with [hose set forth herein.
f. If' any provision or provisions ol'this Document shall be held to be illegal or unenforceable the legality and enl'orceabilily of the remaining provisions shall not in any way he affect-
ed or impaired.
g. Products shall he delivered to Purchaser as indicated on the face hereof. and unless otherwise indicated, Purchaser shall be responsible for the payment of ell freight and
u:mspor[a[ion charges from Scllcr's point of loading to the delivery address specified on the face hereof. Delivery dates tire approximate and are predicated on the prompt receipt
bV Seller of all necessary information and (documentation from Purchaser.
h. Unless Pnrehasel' is auhorized to distribute the products deliverer] hereunder pursuant to a written agreement with Seller. Seller agrees that the product is Supplied to Purchaser for
Purchaser 's' internal use only, and Purchaser may not repackage, resell or otherwise distribute the product to third parties without the express written consent of Seller.
i. In the event that Purchaser and Seller engage in tiny electronic transactions, includin but not limited to, electronic data imerchangc or facsimile exchanges, such electronic
exchanges shall he considered as valid and legally binding and shall be subject to the terns and conditions of this Agreement.
VOUCHER NO. WARRANT NO.
ALLOWED 20
Brenntag Mid -South Inc
IN SUM OF
3111 N. Post Road
Indianapolis, IN 46226
$1,260.99
ON ACCOUNT OF APPROPRIATION FOR
Carmel Street Department
PO# Dept. INVOICE NO. ACCT #/TITLE AMOUNT Board Membet
17572 BMS558896 43- 504.00 $490.62 1 hereby certify that the attached invoice(s), or
17275 BMS561538 43- 504.00 $770.37 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
Thursday k? tober 23, 200E
Ld
Street Comm ner
Street C� +n ?�sioner
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))
10/07/08 BMS558896 $490.62
10/14/08 BMS561538 $770.37
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
A.
Bfenntag Mid South, Inc. 6REN NTAG
1405 Highway 136 W P.O. BOX 20
Henderson, Kentucky 42419 -0020
INVOICE BMS555760 INV DATE: 10/01/08 PAGE 1 OF 1
DUE DATE: 10/31/08
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
FEDERAL ID 'ft: 6100504545 DATE SHIPPED 10 /v ^1 /Ou TEnlmlJ NET 30 DAYS
B/L 137205 -00 SHIP WHS: 29 SALESPRSN: 294
CUSTOMER 407542 SHIP VIA: OUR TRUCK PKG
CUSTOMER PO ROB FOB DELIVERED
TAX EX# 356000972 -001 -9
UNITS SHIPPED PROD WGT /GAL TOTAL QTY UNIT PRICE EXTENDED
6.0000 805002 1.000 300.00004 .9050 271.50
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 271.50
INS SEC SURCHARGE 25.00
PAID ON OR PRIOR TO 10/31/08 INVOICE TOTAL 296.50
PAID AFTER 10/31/08 INVOICE TOTAL 299.47
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
L Contlictim Provisions
Se Ile r's icnn.s and conditions stated in this DOCILMICfl "Terms and Conditions shall be deemed controlling notwithstanding any prior or suhscqucnt purchase order or similar doCUlllemt
from Purchaser. Purchaser by taking delivery of all or any portion of the items shown on the ICVCISe Side Shall be conclusively deemed to have accepted and assented to Seller's Term
and Conditions.
Purchase Price and Payment
'File purchase price forall itentS Shown on the reverse Side excludes sales, use. occupation, license. excise and other taxes and fees in respect of manufacture, sale, storage, consumption-
of deliycry, all of which shall be paid by Purchaser. The purchase price for all items is payable in lawful money (it' tile United States. Acceptance by Seller of drafis, checks or other
media of payment will he provisional only and subject to immediate collection of the full tined amounl thcrcol. Seller reserves the tight to charge if late fee and /or interest. if Purchaser
lails to make any payments lit Seller when same become due.
3. Deliver)' /Force Ma cot e
DClivcry of coodS tt the Purchaser's location shall constitute delivery to the Purchaser, and all risk of loss or damage Shall thereupon pass to and he assumed by the Purchaser. Anv lime
or dune Slated lot delivery is an estimate ooh and the Seller Shall not he liable for failure to deliver at the specified time or on the specified date. nor shall such failure on the parr of the
Seller be deemed to he a hreach of this Agreemenl or any terms and conditions or part thereof. Purchaser shall not he entitled to cancel or rescind this sale nor shall Seller be liable in
damages or otherwise. in the case of delay or million mem or f;tilure of perform :ncC by Seller by reason of causes beyond Seller's control, including. without limitation. claims of force
nmjCUrc by Seller's Suppliers. StrikcS. labor dilliculticS..Shortagcs of Tabor. fllCI, power. materials or Supplies, inability to obtain shipping space, transportation delays. Tire, floods.
accident, riots. acts of God, war, governmental interference or entburgo. In any Such event. Seller reserves the right, in its Solc discretion. to allocate its inventory between Purchaser
and Sellers other customers. and Purchaser waives any right to assert it claim against Seller therefor.
d. SuspenSion of Credit or Shipment
Seller frilly at any Time after or suspend credit to Purchaser, stop Shipment to Purchaser in transit, or delay or rl'fUSC to ship to Purchaser. or cancel any or all unfilled orders when. in
Seller's sale opinion:
a.. file financial condition of Purchaser is unsatisfactory to Seller:
h. dCIINTI V is dclalved by the Ludt of Pnl'elnSCl':
C. PUIClaSel' iS dclinqucm in payment of any obligation owed to Seller: or
d. Sale of products or materials to Purchaser flay result in envirofrntcnwl..safetV or health dome' or hazanl.
i. Wallanly
SCIICI vyai'GnIS that the products or IIIaICI'IIIIS delivered hereunder meet the standard specificationS of the nuuualacturcr(s) for the products or Such other specifications as may have been
expressly agrcal lu in writing by Purchaser air(] Seller. SELLER MAKES NO OTHER WARRANTIES. EXPRESS OR IMPLIED. INCLUDING. WITHOUT LIMITATION, ANY
WARRANTY Oh MERCIIANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Determination ol'the suitability of the Product Supplied hereunder I'or the uses and appli-
cations contemplated by Purchaser and others shall be the sole responsibility of Purchaser. Purchaser assumes all risk and liability resulting front the handlin_ use. storage or resale of
the products delivered hereunder, whether used, handled, stored or resold singly or in combination with other products. and Purchatscr agrees to indemnify and hold Seller harmless
against ;my and all loss, damages, liahility, cost [full expense (including resonahle attorneys' Ices), arising out of such use, handling, storage or resale. Seller assumes no obligation or
liahility for the technical advice given by Seller with reference lit the use 01'111C Products or results obtained therefrom, and all Such advice is given and accepted an Purchaser's risk.
A. LIMITATIONS Of-' LIABILITY
a. PURCHASER HE WAIVES ANN' CLAIM AGAINST SELLER I.OR CONSEQUENTIAL DAMAGES, LOSS OF OR DAMAGE TO GOODWILL OR ANY OTHE R
SPECIAL, DIRECT. INDIRECT OR INCIDENTAL. DAMAGES. EVEN IF SELLER HAS BEEN ADVISED OI' OR HAS NO'T'ICE OF THE POSSIBILITY OP SUCH DAMAGES
AND PURCHASER'S EXCLUSIVE REMEDY WITH RESPECTTO ANY CLAIM. W HFTHF..R IN CONTRACT. TORT OR STRICT LIABILITY OR OTEII RWISE. IN RESPECT
OF'THE PRODUCTS SOLD HEREUNDER SHALL BF EXPRESSLY LIMITED TO THE AMOUNT OFTHI3 PURCHASE PRICF OF SUCH PRODUCT OR THE REPLACFVIFNT
OF SUCH PRODUCT.
b. FAILURE BY PURCHASER TO GIVE WRITTEN NOTICE OF SUCK CLAIM TO SELLER WITHIN 30 DAN'S PROM THE DA'I'S OF DELIVERY OF SUCH PRODUCT SHALL
CONSTITUTE A WAIVER BY PURCIASER OI' ALL CLAIMS IN RESPECT OF SUCH PRODUCT. NO PRODUCT SOLD HEREUNDER SHALL BF RETURNED TO
SELLER WITHOUT SELLER'S PERMISSION. NO CLAINI SHALL BE ALLOWABLE AFTER ANY SUCH PRODUCT HAS BEEN PROCESSED IN ANY MANNER.
T Collmincrs /C' 'linlen,
n. All icl u'nahle containers and cylinders remain the property of the Selle and must be returned m Seller.
h. Container and cylinder deposits will he forfeited it containers our not returned within 90 days of Shipment, unless otherwise agreed to in writing by Scller. In addition to the
lorlcimrc of any Such deposit. Purchaser shall remain liable Ru all amount equal to the dilfCrence between the deposit and the replacement cost of any returnable container or
c hinder which is not returned lu SCllel.
C. Purchaser agrees to accept full responsihility and liability fur the disposal of non- remrnabfe containers and cylinders in strict compliance with all laws and regufationS.
d. Purchaser Shall indemnify and hold Seller harmless against any claim, foss. dlantage or expense arising from Purchaser's handling, use, storage or disposal of any container or
cylinder.
C. Sclle ICSCl VCS the right to charge Purchaser with demurrage for any returnable container or cylinder.
S. Returned Material No credit will be issued for nlaICIXIl returned unless Seller has given written consent to such return. All returned nuueriad is Subject to a restocking charge.
9. Credits
Any credit issued by Seller to Purchaser, stay only he applied against the future purchase of Products by Purchase' and will not be paid in cash. Any such credit will expire one year
after the date of issuance. and Seller will have no obligation with respect therein in the event that Purchaser does not apply the credit against the cost of Product purchased by it prior to
such expiry dale.
10. General
a. This Document shall not be assignable in whole or in part by Purchaser without the prior written consent of Scller.
b. Unless staled to the contrary elsewhere in this Document, no action, regardless of form, arising out of the sale or delivery of product hereunder, may be commenced more than one
year after the cause of action has accrued, except that an action for nonpayment or for failure to return containers and] cylinders fully be brought at any time.
C. Seller's waiver of any breach, or failure to enforce any of IhC terms and conditions of this A 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 link] condition hereof: The acceptance by the Seller of any payment after the specified due date shall not
constitute it waiverof'the Purchaser's ohlivalion to make further payments on the specified dates.
d. This A mnl
erece 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 of law
rules. Purchaser by taking delivery of all or any items shall he conclusively deemed 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
otlicer of Seller and no modification Shall be effected by the parties' course of dealing or the acknowledgment or acceptance of purchase order forms containing lerns or condi-
tions in addition to or at variance with those set forth herein.
f. If any provision or provisions of this Document shall be held to he illegal or unenforceable the legality and enforceability of the remaining provisions shall not in any way be affect-
ed or impaired.
Products shall be delivered to Purchaser as indicated on the face hereof and unless otherwise indicated, Purchaser shall he responsible liar the payment of all freight and
transportation charges front Seller's point of loading to the delivery address specified on the fitce hereof. Delivery dates are approximate and are predicated on the prompt receipt
by Seller of all necessary intorindtion and docttme.nt lion from Purchaser.
Ii. Unless Purchaser is authorized to distribute the products delivered hereunder pursuant to if written agreement with Seller. Seller agrees that the product is Supplied to Purchaser fix
Purchaser's' internal use onlv.:nul Purchaser may not repackage, resell or otherwise distribute the product to third parties without the express written consent of Scller.
I. In the event than Purchaser and Seller engage in any electronic transactions, including, but not limited to, electronic data interchange or Ii1CSinnIe CxchangeS, Such electronic
exchanges shall he considered as valid and Iega IIv hinding and shall he suhjcct to the terms and conditions of this Agreement.
VOUCHER .083443 WARRANT ALLOWED
359584 p1� IN SUM OF
"BRENNTAG MID -SOUTH INC
3796 RELIABLE PARKWAY 46r�
CHICAGO, IL" 60686 -0037
Carmel Water Utility
ON ACCOUNT OF APPROPRIATION FOR
Board members
PO INV ACCT AMOUNT Audit Trail Code
555760 01- 6180 -03 $296 -50
y
Voucher Total $-296 5O
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
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
359584
BRENNTAG MID -SOUTH INC Purchase Order No.
3796 RELIABLE PARKWAY Terms
CHICAGO, IL 60686 -0037 Due Date 10/21/2008
Invoice Invoice Description
Date Number (or note attached invoice(s) or bill(s)) Amount
10/21/20M 555760 $296.50
I hereby certify that the attached invoice(s), or bill(s) is (are) true and
correct and I have audited same in accordance with IC 5- 11- 10 -1.6
Date Officer