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Home My WebLink About163163 09/03/2008 CITY OF CARMEL, INDIANA VENDOR: 359661 Page 1 of 1 `5 A ONE CIVIC SQUARE BRENNTAG MID -SOUTH INC CARMEL, INDIANA 46032 3796 RELIABLE PARKWAY CHECK AMOUNT: $1,011.24 CHICAGO IL 60686 -0037 CHECK NUMBER: 163163 CHECK DATE: 9/3/2008 DE PARTM E NT P O NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 2201 435040017572 BMS52993.0 505.62 REFLECTING POOL CHEMI 2201 4350400 17572 BMX533611 505.62 REFLECTING POOL CHEMI Brenniag fi1id- South, Inc. B R E N N TAG 1405 Highway 136 W P.O. BOX 20� Henderson, Kentucky 42419 -0020 INVOICE#: BMS529930 INV DATE: 8/12/08 PAGE 1 OF 1 i DUE DATE: 9/11/08 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 FECE;iTC15 ID o v" DATE SHIPPED. 8/;12j08 TERMS NET 30 DAYS B/L 98683 -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 197.2380 365998 10.140 197.2380G 2.1072 415.62 1.0000 G BULK SOD HYPOCHLORITE 12.5% DRUM -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 90.00 PAID ON OR PRIOR TO 9/11/08 INVOICE TOTAL 505.62 PAID AFTER 9/11/08 INVOICE TOTAL 510.68 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 R 1. Conflicting Provisions Seller's terns and conditions stated in this Document "Terms and Conditions') shall he deemed controlling notwithstanding any prior orsubsequent purchase order or similar dOetment from Purchaser. Purchaser by taking delivery of all or any portion of the items shown un the reverse side shall he conclusively deemed to have accepted and assented to Seder's Terms and Conditions, 2. Purchase Price and Pa, ment The purchase price for all items shown on the reverse Side CxCIUCICS Salm use, occupation, license, excise and other taxes and fees in respect of manufactwe, sale, storage„ consumption Or delivery, 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 he provisional only and subject to immediate collection of the full face aruouat thereof. Seller reserves the right w charge it hue fee and /or interest. if Purchaser fails to make any payments In Seller when same hecrnne due. 3. Delivery /Force Majeure Delivery o]' goodS to the Purchasers location shall COnStilllle delivery to the Purchaser; and all risk of foss or damage shall thereupon pass to and be assumed by the Purchaser. Any time or date stated for delivery is an cstimale only and the Seller shall not he liable for failure to deliver at the specified time or on the specified date, nor shell such failure on the pan of the Seller he derailed to be a breach of this Agreement or any lernis and conditions or part thereol. Purchaser shal I not be entitled to cancel or rescind this sale nor shall Seller he liable in damages or otherwise. in the case of delay or impairment or failure of performance by Seller by reason of causes beyond Seller's control, including, without limitation, claims of force majeurc by Seller's suppliers, strikes, labor difficulties. shortages of labor, fuel, power, materials or supplies, inability to obtain shipping space, nansporlation delays, fire, floods. accidents, riots, acts of God, war, ove I'll [lie trial interference ar embargo. In any Such event, Seller reserves the right, in its sole discretion, to allocate its invenlnry between Purchaser and Sellers other customers, and Purchaser waives any right to assert a claim against Seller therefor. d. Suspension of Credit or Shipment Seller may at any lime aher or suspend credit to Purchaser, step shipment w Purchaser in transit, or delay or refuse to ship to Purchaser or cancel any or ;dl unfilled orders when_ in Seller's IOIC opinion: a. the frnanciat condition of Purchaser is unsatisfactory to Seller: h- delivery is delayed by the fault of Purchaser: C. Purchaser is delinquent in payment of any obligation Owed to Scller, or d. Sale of products or materials to Purchaser may result in environmental, safety or health danger or hazard. 5_ 'kin anl Scller warrants that the products or materials delivered hereunder meet the standard specifications of the man if facturer(,$) for the products or such other specifi eat ions as may have been expressly agreed to in writing by Purchaser and Seller. SELLER MAKES NO OTHER WARRANTIES. EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRAN'T'Y OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Determination or the suitability of the Product supplied hereunder for the uses and appli- cations contemplated by Purchaser and others .shall be the sole responsibility of Purchaser Purchaser assumes all risk and liability rasultin, from the handling, use, storage or resale of the products delivered hereunder, whether used, handled, .stored or resold singly or in combination with other products, and Purchaser agrees to indemnify and hold Seller harmless against any and all loss, damages. Iiahllity cost and expense (including reasonable aoorncys` Ices). arising out of Such use, handling, storage or resale. Seller assumes no obligation or liability for the technical advice given br Scller with reference to the use Of the Products or resultS obtained therefrom and rd all such advice is given and accepted Lit Purchaser's risk. 6. LIMITATIONS OF LIABILFI Y a. PURCHASER HEREBY WAIVES ANY 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 RFSPECFTOANY CLAIM, WHETHER IN CONTRACT, TORT OR STRICT LIABILITY OR OTHERWISE, IN RESPECT OFTHE PRODUCTS SOLD HEREUNDER SHALL Bt- EXPRESSLY LIMITEDTOTHE AMOUNT OFTHF PURCIIAS1 PRICE OF SUCH PRODUCT OR THE REPLACEMENT OI' SUCH PRODUCT. b. FAILURE BY PURCHASER TO GIVE. WRYI FBN NOTICE Oh SUCH CLAIM TO SELLER WITHIN 30 DAYS FROM THE DATEOF DELIVERY OF SUCH PRODUCTSHALL CONSTIT'UT'E A WAIVER BY PURCHASER OF ALL CLAIMS IN RESPECT OF SUCH PRODUCT. NO PRODUCT SOLD FIEREUNDFR SHALL BE RETURNED TO SELLER WITHOUT SELLER'S PERMISSION. NO CLAIM SHALL fit- ALLOWABLE AF FER ANY SUCH PRODUCT HAS BEEN PROCESSED IN ANY MANNER, T Container /Cylinders a. All returnable containers and cylinders remain the property of the Seller Lund must be returned to Seller. b. Container and cylinder deposits will be forfeited if container are not retuned within 90 days of shipuront, unless otherwise agreed to in writing by Seller. to addition to the forfeiture of any such deposit. PnrCllaSer shall remain liable for an amount equal to the difference betwcen the deposit and the replacement cost of any remrnahle container or cylinder which is not returned to Seller. C. Purchaser agrees to accept full responsibility and liability Tor the disposal of non- rehrrnable containers and cylinders in strict compliance with all laws and regulations. d. Purchaser shall indemnify and hold Scller harmless against any claim, loss, damage or expense arising from Purchaser's handling, use, storage or disposal of any container or cylinder. e. Seller reserves the right to charge Purchaser with demurrage for any reurntable container or cylinder. S. RClnl'ned Material NO credit will he issued for material remrned unless Seller has given written d:O11Sent. to such return. All retuned material is suhject to a restockine charge. 9. Cr Any credit issued by Seller to Purchaser, may 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 alter the dine of issuance, and Seller will have no obligation with respect thereto in the event that Purchaser does not apply the credit against the cost of Product purchased by it prior to such expiry date. 10. General a. This Document shalt not be assignable in whole or in Part by Purchaser without the prior written consent of Seller. b. Unless shoed to the contrary elsewhere in this DOCtanent, no action, regardless of form, arising our of the sale or delivery of product hereunder, may be commenced more than one year inner 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 tittle. C. Seller's waiver of any breach, or failure to enforce any of the terms and conditions of this Agreement, at any time, shall not in any may al limit or waive Seller's right there- after to enforce and compel strict compliance with each and every terns and condition hereof. The acceptance by the Seller of any payment afro the specified due date shall not constitute a waiver Of the Purchase's obligation to stake further payments On the Specified dales, 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 of raw rules. Purchaser by taking delivery of all or any items shall be 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 officer of Seller and no modification sha]I be effected by the parties' course of dealing or the acknowledgment or acceptance of purchase order forms containing terms orcondi- uons in addition to oral variance with those set forth herein. 1. Ida provision or provisions of this Document shall he held 10 he dle,al or unenforceable the legality and enforceability ofthe remaining provisions shall not in any way he affect- ed or impaired. U. Products shall be delivered 10 Purchaser as indicated on the face hereof. and unless otherwise indicated. Purchaser shall he responsible for the payment of all freight and transportation charges Goa Scllci's point of loading to the delivery address specified on the face hereol, Delivery dates are appro.xinime and are picdicuded on the piongx receipt by Sellci of al] necessary infurmution and docunentation from Purchaser. h, Unless Pnrchi SC] is authorized to distribute the products delivered hereunder pursuant to a written agreement with Seiler, Seller agrees that the product is Supplied to Purchaser for PurCIMSer"S intone] use only, and Purchaser nlay not repackage, resell or otherwise distribute the product to third parties without the cxpr css written consent of Seller. i. In the event that Purchaser ant] Seller engage if) any electronic n'arbileliOnS, including, but not limited lo, electronic claw interchange or facsimile exchanges. Such electronic exchanges shall he considered as valid and Iagally binding and shall he subject to the teens Lund conditions of this Agreement. Brenniag Mid- South, Inc. BRENNTAG 1405 Highway 136 W P.O. BOX 20 Henderson, Kentucky 42419 -0020 INVOICE BMS533611 INV DATE: 8/19/08 PAGE 1 OF 1 DUE DATE: 9/18/08 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 FEDE.RAT. ID- 510.5.04 54 5 -DATE -SHI-PPED: 8/1-1-9/1 0 8 TERITAS NET 3 0 L-` YS B/L 98684 -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 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 90.00 PAID ON OR PRIOR TO 9/18/08 INVOICE TOTAL 505.62 PAID AFTER 9/18/08 INVOICE TOTAL 510.68 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 TLRNIS AND CONDITIONS I. Confliciini! Provisions Seller's terms and conditions 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 delivery of all or any portion ol'the items shown on the reverse side shall be conclusively deemed to have accepted and assented to Seller's Terms and Conditions. 2. Purchase Price and Payment The purchase price for all items shown on (tic reverse side excludes sales, use, occupation. license, excise and other taxes and fees in respect of manufacture, sale, storage, consumption or delivery. all of which shall be paid by Purchaser. The purchase price fur all items is payable in lawful money of the United States. Acceptance by Seller of drafts, checks or other me(lia of payment will be provisional only and subject to immediate collection of the full face amount thereof. Seller reserves the right to charge a late fee and /or interest, if' Purchaser fails to make any payments to Seller when same become due. 3. Delivery /Force Majemr Delivery of goods to 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. Any time or (]life stated for delivery is an estimate only and the Seller shall riot be liable for failure to deliver at the specilied lime or un the specified date, nor shall such failure on the part of the Seller be deemed to be a 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 damages or otherwise, in the case of delay or impairment or failure of performance by Seller by reason of causes beyond Seller's control, including, without limitation, claims of force majeure by Seller's suppliers, strikes. labor difficullieS. shortages of labor. fuel, power, materials or supplies, inability to obtain shipping space, transportation [slays, tire, floods. accidents, riots, acts of God, war, governmental interference or embargo. In any such even[. Seller revu'ves the right in its sole discretion, to allocate its inventory between Purchaser and Seller's other customers, and Purchaser tvaives any right to assert a claim against Seller therefir. T. Sus pension of Credit or Shipmicnf Seller may :t any tittle alter or suspend credit to Purchaser, stop shipment to Purchaser in transit. or delay or refuse to ship to Purchaser, or cancel any or all untitled orders when, in Seller's sole opinion: a. the financial condition ul Purchaser is unsatisfactory to Seller: b, delivery is delayed by the fault of Purchaser: C. Purchaser is delinquent in pavnnmt of any Obligation owed to Seller: of d. sale Of products Or materials to Purchaser may result in environmental, safety or health danger or hazard. 5. Warranty Seller warrants that the products or materials delivered hereunder meet the standard specifications of the manufacturers) for the products or such other specifications as may have been expressly agreed to in writing by Purchaser and Seller. SELLER MAKES NO OTHER WARRANTIES. FXPRESS OR INIPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Determination of' the suitability of the Product supplied hereunder for (tic uses and appli- cations contemplated by Purchaser and others still][ be the sole responsibility of Purchaser. Purchaser assunws all risk and liability resulting from the handling, use, storage or resale of the products delivered hereunder, whether used, handled, stored or resold singly or in combination with other products, and Purchaser a to indemnify and hold Seller harmless against any and all loss. damages. liability. cost and expense (including reasonable attorneys' Ices[. arising out Of such use, handling, storage or resale. Seller assumes no obligation or liability for the technical advice given by Seller with reference to the use of the Products or results obtained therefrom, and all such advice is given and accepted at Purchaser's risk. G. LIMITATIONS OF LIABILITY a. PURCHASER HEREBY WAIVES ANY CLAIM AGAINST SELLER FOR CONSFQUENTTAL 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 TO ANY CLAIM, WHETHER IN CONTRACT, TORT OR STRICT LIABILITY OR OTT E'RWISE. W RESPECT OFTTIE PRODUCTS SOLD HEREUNDER SHALL BE EXPRESSLY L]Nl[TEDTO'I'I IF AMOUNT OF]'HE PURCHASE PRICF1OFSUCH PRODUCT OR']'HE REPLACEMENT OF SUCH PRODUCT. b. FAILURE BY PURCHASER TO GIVE WRITTEN NOTICE OF SUCH CLAIM TO SELLER N'II'HIN 30 DAYS FROM THE DATE OF DEL.1 VERY OF SUCH PRODUCT SHALL CONSTITUTE A WAIVER BY PURCHASER Oh ALL CLAIMS IN RESPECT OF SUCH PRODUCT. NO PRODUCT SOLD HEREUNDER SHALL. BE RETURNED TO SELLER WITHOUT SELLER'S PERMISSION. NO CLAIM SHALL BE- ALLOWABLE AFTER ANY SUCH PRODUCT HAS BEEN PROCESSED IN ANY MANNER. 7. Containers /Cylinders a. All returnable containetss and cylinders remain the property ol' the Seller and must be returned to Seller. h. Container and cylinder deposits will be forfeited if containers are not returned within 90 days of shipment, unless otherwise agreed to in writing by Seller. In addition to the forfeiture of ant' such deposit, Purchaser shall remain liable for an amount equal to the difference between the deposit and the replacement cost of any returnable container or cylinder which is not returned to Seller. C. Purchaser agrees to accept full responsibility and liability for the disposal of non- rclurnable containers and cylinders in strict compliance with all laws and regulations. Lt. Purchaser shall indemnify and hold Seller harmless against any claim, loss, damage or expense arising from Purchaser's handling, use, storage or disposal of any container or cylinder. C. Seller reserves the right to charge Purchaser with demurrage for any returnable container or cylinder. 3. Rclurnal Maucri:d NO credit Will be issued for material returned unless Seller has given written consent Io such return. All returned material is subject to a restocking ch:u'ge. 9. Credits Any credit issued by Seller to Purchaser, may only he applied against the future purchase of Products by Purchaser and will not he paid in cash. Any such credit will expire one vcar after the (title of issuance, and Seller will have no obligation with respect thereto in the event that Purchaser does not apply the credit against the cost of Product purchased by it prior to such expiry date. 10. General a. T his Document shall riot be assignable in whole or in part by Purchaser without the prior written consent of Seller. b. Unless stated m the contrary elsewhere in this Document, no action, regardless of form, arising out oh 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 may be brought at any time. C. Seller's waiver of any breach, or f2ilure 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 hereof. The acceptance by the Seller of any payment after the specilicd duc date shall not constitute a Waiver 01'111C Purchaser's obligation to make further payments un [tic specified dates. d. This Agreement shall be governed by and enforced in accordance with the Taws of the state in which the Seller's corporate office is located without reference to its conflict of law rules. Purchaser by faking delivery of all or any items shall be 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 fully not be modified or amended except by if 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 terms 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 be illegal or unenforceable the legality and enforceability of the remaining provisions shall not in any wary be affect- ed orinipaired. 2. Products shall he delivered to Purchaser as indicated on the face hereof, arc] unless otherwise indicated. Purchaser shall be responsible for the payment of all freight and tia nspoitation charges from Seller's point of loading to the delivery address specified on the lace hercol'. Delivery dates are approximate and are predicated on the prompt receipt by Seller of all necessary information and documentation front Purchaser. h. Unless Purchaser is authorized to distribute the products delivered 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. ht the event that Purchaser and Seller engage in any electronic nansactions, including, but not limited to, elecrunic dame interchange or facsimile exchanges, such electronic exchanges shall be Considered as valid and legally binding and shall he subject to the terms 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 $1,011.24 ON ACCOUNT OF APPROPRIATION FOR Carmel Street Department PO# Dept. INVOICE NO. ACCT #/TITLE AMOUNT Board Members 17572 BMS529930 43- 504.00 $505.62 1 hereby certify that the attached invoice(s), or 17572 BMX533611 43- 504.00 $505.62 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 Th rsday, August 28, 2008 Street C issioner 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)) 08/12/08 BMS529930 $505.62 08/19/08 BMX533611 $505.62 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