Loading...
HomeMy WebLinkAbout162655 08/20/2008 CITY OF CARMEL, INDIANA VENDOR: 359661 Page 1 of 1 ONE CIVIC SQUARE BRENNTAG MID -SOUTH INC CHECK AMOUNT: $2,450.94 CARMEL, INDIANA 46032 3796 RELIABLE PARKWAY CHICAGO IL 60686 -0037 CHECK NUMBER: 162655 CHECK DATE: 8120/2008 D EPARTMENT ACCOUNT PO NUMBER INVOI N UMBER AMOUNT DESCRIPTION 2201 4350400 17572 BMSS20198 816.27 REFLECTING POOL CHEMI 2201 4350400' 17572 BMS521112 1,129.05 REFLECTING POOL CHEMI 2201 4350400 17572 MNS525211 505.62 REFLECTING POOL CHEMI i I Brenntag Mid- South, Inc. BRFNNTAG 1405 Highway 136 W P.O. BOX 20 r. Henderson, Kentucky 42419 -0020 _INVOICE BMS525211 INV DATE: 8/05/08 PAGE 1 OF 1 DUE DATE: 9/04/08 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 E nr. r n .a+._. 05015 DATE SHIPPED: 8105/0 TERMS- B/L 98678 -00 SHIP WHS: 29 SALESPRSN: 294 CUSTOMER 897255 SHIP VIA: OUR TRUCK PKG CUSTOMER PO# 1 1 151 FOB DELIVERED TAX EX# 0031201550 -020 UNITS SHIPPED PROD WGT /GAL TOTAL QTY UNIT PRICE EXTENDED 197.2380 365998 10.140 197.2380(3 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 9/04/08 INVOICE TOTAL 505.62 PAID AFTER 9/04/08 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 1. Conflicting Provisions Seller's terms and conditions staled in this Document "Terms and Conditions shall he deemed controlling notwithstanding any prior or subsequent purchase order or similar document I rom Purchaser. Purchaser by taking delivery of all or any portion of the items shown on the reverse side shall he conclusively deemed to have accepted and assented to Seller's Terms and Conditions. 2. Purchase Price and Payment The purchase price for al] items shown on the reverse side cxcdudeS SaleS, use, occupation, license, excise mid other taxes and fees in respect of manufacture, Sale, storage, C011.SUmp6on 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 amount thereof. Seller reserves the tight to charge a late fee and /or interest, if Purchaser fails Kr make any payments to Seller when same become due. 3. Delivcry /Force Majeme Delivery of goods to the Purchaser's loealion ,hall constitute delivery to the purchaser; and all risk of loss or damage ,hall thereupon puss to and be assumed by the Purchaser. Any time or date stated for delivery iS an estimate only and the Seller shill not he liahle for failure In deliver as the specified time or on the specified date, nor shall such failure on the part of the Seller be dccmed to he it breach of this Agreement or any term, 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 impairment or failure of performance by Seller by reason of causes heyond Seller's control, including, without limitation, chinas of force; Trl#urc by Seller's suppliers. Strikes, lahor difficulties, shortages of labor. fuel, power, materials or supplies, inability to obtain shipping space, transportation delays, fire, floods, accidents, riots, acts of God, win governmental interference or embargo. In any such event, Seller reserve, the right, in its sole discretion, to allocate its inventory between Purchaser and Seller's other cu m I stoers. and 'urc'hoser waives anv right to assert a claim against Seller there for. 4. Suspension of Credit or Shi ntnent. Seller may al anv lime alter or suspend credit to Purchaser, stop shipment to Purchaser in transit, or delay or refuse lo ship to Purchaser, or cancel any or ;dl unfilled orders when, in Seller's sole opinion: a, the financial condition of Purchaser is unsatisfactory to Seller h. dCfivery is clClaycd by the Ilnrh of Purchaser: C. Purchaser i, dclinyucnt in paynu•ni of auly ohlieatiun Owed to Seller; are d. Side of products or morel all, to Purchaser lug' result in cio Fomucmlal. S ;I]Cty or health da112cr or hazu,rd- 5. W,nranty Scllcr warrants that the products or materials delivered hereunder meet the standard Specifications ot'thc manul3tetn'er(s) for the products or suoh other specifications us may have been exptCSSly agreed to in writing by Purchaser and Seller. SEIJA-,R MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING. WITHOUT LIMITATION. ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Determination of the suitability of the Product supplied hu'cunder for the uses and appli- cations contuntplated by Purchaser;rnd others shall he the sole responsibility of Purchaser. Purchaser assumes all risk and liability resulting Iron the handling. use, storage or reside (,I tile products dCJJVCJed hereunder. whether used, handled. stored or resold singly or in combination with other products, and Iurchaser agrees to indemnify and hold SO leg luaraless against any and all loss, damages, liability, cost and expense (including reasonable attorneys' fees). arising Out Of such use, handling, storage or resale. Seller asswnes no obligation or liability for the technical advice given by Seller with recrence to the use of the Products Or results obtained therefrom, and ell such advice is given and accepted at PurehltSC S risk. 6. LIMTTA'HONS OF LIABILITY a. PURCHASER HEREBY WAIVES ANY CLAIM AGAINST SELLER FOR CONSEQUENTIAL DAMAGES, LOSS OF OR DAMAGE TO GOODWILL OR ANY OTHER SPECIAL., DIRECT. INDIRK I' OR INCIDENTAL. DAMAGES, EVEN IF SELLER HAS BEEN ADVISED OF OR HAS NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND PURCHASER'S EXCLLJSIVIc REMEDY WITH RESPECTTO ANY CLAIM. WHETHER IN CONTRACT, TORT OR STRICT LIABILITY OR OTHERWISE. IN RESPECT OFTHF., PRODUCTS SOLD HEREUNDER SHALL Br EXPRESSLY LIMITED TO THEAMOUNT OF THE PURCHASE PRICE OF SUCH PRODUCT OR THE REPLACEMENT OF SUCH PRODUCT. h. FAILURE BY PURCHASER TO GIVE WRIT'T'EN NOTICE OF SUCI I CLAIM TO SELLER WITHIN 30 DAYS FROM THE DATE OF DELIVERY OFSUCII PRODUCT SHALL CONSTITUTE A AVAIVER BY PURCFIAS17R Of- ALL CLAIMS IN RESPECT OF SUCH PRODUCT. NO PRODUCT SOLD HEREUNDER SHALL BE RETURNED TO SELLER WITHOUT SELLER'S PERMISSION, NO CLAIM SHALL BE AL.LOWABI, l' AF I'ER ANY SUCH PRODUCT HAS BEEN PROCESSED IN ANY NTANNER, 7- Containers /Cylinders J. All rcutnnahfe containers and cylinders remain the property of the Seiler rind must he returned to Seller. h. Container and cylinder ceposits will be rorleited if containers are not returned within 90 days of shipment, unless otherwise agreed to in writing by Scllcr. In addition to the turicantrc Of any Such deposit. PulCIKISCr Shull remain liahle for :m amount equal to the dilTarence bcm Iho deposit snit the rcplacemcnt cast of anv rcfuruable coniuincr or cvh order which is trot rcturncsl to Scllcr. U, Purchaser iwrces to accept full responsibility and liability for the disposal of non returnable containers and cylinders in Strict compliance with all laws and regulations, LL Purchaser shalt indcmaify and hold Seller harmless Ll AaSl any claim, lass, damage or expense arising from Purchaser's handling, use. storage or disPOSUI of any container or cylinder. C. Seller reserves the right to charge Purchaser with demurrage firer anv returnable container or cylinder. S. Returned Materi;a No credit will he issued for material returned unless Scllcr has given written consent to such rcturu. All returned material is subject to it restocking charge. 9. Credits 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 after the date of issuance, and Seller will have no ohligation with respect thereto in the event that Purchaser does not apply the credit against the cost of Product purchaSCd by it prior to such expiry date. 10. General a. 'Phis Document shall nut he assignahic in whole or in part by Purchaser without she prior written consent of Selle- h. Unless Stated ro the contrary elsewhere in this Document. nu action, regardICSS of form, arising out of the sale or delivery of hereunder. may be comnocrnccd more than line year Ater the cause of action has accrued, except that an action for nonpayment or for failure to ClUm containers and cylinders may he brought at any line. C. Seller's waiver of any hrcach, or failure to enforce any of the terms and conditions of th m is Agenenl, at any lime, shall not in any way affect r w� limit ottive Scller', right thcrc- uller to entnrce and compel strict compliance with each and every tern and condition hereof. The ucceptance by the Seiler of anv pavmront after the specified duc date shall not constitute a waiver of the Purchaser's obligation to make turther payments on the specified dates il. This Agreement shall he governed by and enforced in accordance with the laws of de stale in which the Seller's corporate office is locatccl without reference to its conllict of hov rules- Purchaser by lakiM delivery ol' all Orally items shall he conclusively detailed to have consented to personaljurisdiction in the above mentioned state. C. The leans and conditions herein constitute the entire agreement bclwean Seller aril Purchaser and may not be modified or amended except by a writing executed by an authorized officer of Seller and no modification shall he effected by the parties' course of dealing or the acknowledgment or acceptance of purchase order forms containing terms or condi- t4ms in addition to or at variance with (hose set forth Iercin. f. If any provision orprovisions of this Document shall he held to be illegal or unenforceable the legality and enforceahility of the remaining provisions shall not in any wuy be gilt ed or impaired. Products shall he delivered to Purchascr as indicated on tie face hereof. ;and unless otherwise indicated, Purchaser shall be responsible for the payment of all freight and t chtuges from Sellcr's point of loading to the delivery address specified oil d,e face hereof_ Delivery dales nre:ipproximmc and are predicated on the prompt receipt by Seller of ah necessary Illiolinimon and docttmentatimi Isom Purchaser: h. Unless Purchaser is authorized to distribute the products delivered hereunder Iurrsuant to a written agreement with Seller, Seller agree.S that the prtxducl iv supplied to PUt'cha; er for I'll u'chatser's' internal use onl and Purchaser ntay not repackage. resell or otherwise diSlributc the product to third parties without the cxpres,s written consent of Scllcr: i. In the event that Purchascr and Seller engage in any electronic transactions, including, hilt not limited to, electronic data imerchange or facsimile exchungn- Such CICCo'onic exchanges shall he considered as valid and legally hinding and shall be subject to the terms and conditions of this Agreement, Brenntag Mid- South, Inc. BRENNTAGAILL 1405 Highway 136 W P.O. BOX 20 Henderson, Kentucky 42419 -0020 _INVOICE BMS521112 INV DATE: 7/29/08 PAGE 1 OF 1 DUE DATE: 8/28/08 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 _61050454 5 DATE __SHIPPED _7_/_2.9/­Q .8__ TERMS__.__ NET`3.0_DAY.S B/L 59817 -00 SHIP WHS: 29 SALESPRSN: 294 CUSTOMER 897255 SHIP VIA: OUR TRUCK PKG CUSTOMER PO# 1-87 FOB DELIVERED TAX EX# 0031201550 -020 UNITS SHIPPED PROD WGT /GAL TOTAL QTY UNIT PRICE EXTENDED 493.0950 365998 10.140 493.0950G 2.1072 1,039.05 1.0000 G BULK SOD HYPOCHLORITE 12.5% DRUM OFF -330 G POLY TOTE>> BLK QUESTIONS, CALL 317- 898 -8632 REMIT TO ADDRESS: BRENNTAG MID SOUTH, INC 3796 RELIABLE PARKWAY CHICAGO IL 60686 -0037 MERCHANDISE 1,039.05 FUEL SURCHARGE 90.00 PAID ON OR PRIOR TO 8/28/08 INVOICE TOTAL 1,129.05 PAID AFTER 8/28/08 INVOICE TOTAL 1,140.34 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 CONDI"I'IONS I. ontli ctin Provisions Sal Icr'S terms and conditions stated in this Document (`Terms and Conditions shall be denied con ro[ltng notwithstmtding any prior or subsequcm purchase order or similar document from Purchaser. Purchaser by taking dclivcry of all or ;lily portion of the ileuts shown on the reverse side shall he conclusively dectnod to have accepted and assented to Scller s Terms and Condition;. Purchase Price and P lent 'I he purehase price for all items shown on the reverse Side excludes sales, use, occupation. license, excise and other taxes and ices in respect of manufacture, sale, storage, consumption or delivery, all of which shall be paid by Purchase: The Purchase price for all items is payable in lawful money of the United States. Acceptance by Seller of drafts, checks or other rnedla of payment will be provisional only and subject to immediate collection of the full face aunounl thereon. Seller reserves the right to charge a late fee and /or interest, if Purchaser Iails io make any payments to Seller when same become (Inc. 3. DCII y'ery /Force iylajcurt Deiiyer'y of goods to the Purchaser'S [ocution shall constitute dciively to the Purchase'; and all risk Of lass or damage shall thereupon pass to and he assumed by the Purchaser_ Any time Or date stated hrr dclivety is an estimate only and the Seller shall not he liable for failure to deliver at the specified little or on the specified date. nor shall such failure on the part of the Seller he deemed to he a hrcach of this Agreement or any terms and conditions or pm7 thcrcOl: Purchaser shall not be entitled to cancel or rescind this sale nor shall Seiler be liable in damages or otherwise, in the case of delay nr impairment Or failure of perl'onnance by Seller by reason 01 Causes beyond Seller's control. including, without limitation. cluints of force ntajcurc by Scllcr's suppliers, strikes, labor dillicultieS. shortages oi' lahm. fuel. power, materials or supplies, inability to obtain shipping space. transportation delays. fire. Hoods. accidents, riots, acts of God. war, governmental interference or embargo_ In any such even(. Seller reserves the right, in its sole discretion, to allocate its inventory between Purchaser ,11111 SCllel'I Other CLI`101nerS. and Purchaser waives any right no assert a claim against Seller therefor. T_ Su of Citclit or Shi Scller may at any time alter or Suspend credit to PtrehaSer, Strip shipmenl to PnrehaSer in [much. or delay of refuse 10 ship 111 Purchases or cancel any or all unfilled orders when. in SCI Icr's sole opinion' tltc tlec%116.0 conditirro of Perth: %Scr iv unsatisl ;tcua'y to Scltr: h, delivery i dclaye by life fault of Purchaser; c. Purchaser is delinquent in payment of any obligation owed to Seiler; or d. soli- of products or materials to Purchaser may result in environmental, safety or health danger or hazard. 5. warraul Scicr wantmts that the products or neua7als delivered hereunder meet de standard specilicatianS of the ❑uanufucurer(s) fbr the products or such other specifications as may have been espressly agreed to in writing by Purchaser and Seller. SELLER MAKES NO OTHER WARRANTIES. EXPRESS OR IMPLIED. INCLUDING. WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PAR'T'ICULAR PURPOSE. Determination of the suitability of Product supplied hereunder for the uses and apph- Cat ion. contemplated by PnrCImscr and othe,_s shall he the sole rosponsibihty of Purchaser. Purchaser assun7eS all risk and liability resulting Irom the handling, use, storage or resale of the product; delivered hereunder, whether used. handled. stored or resold siII h- OF in conthination with other products. and Purchaser agrees to indemnify and hold Seller harmless against any and all loss, damages, liahihty, cost and expense (including reasonable attorneys' fees), arising out of such use, handling, storage or resale. Scller assumes no Obligation or iinhilay IOr the ICCluliCal advice given by Scller with ,Cfcrtnce to the use of the P,Ddac15 Or results ohlained therefrom- and all such advice is givers and accepted at Purchaser's risk. 6. LIMITATIONS OF LIABILITY a. PURCHASER HEREBY WAIVES ANY CLAIM AGAINST SELLER FOR CONSEQUENTIAL DAMAGES, LOSS OF OR DAMAGE TO GOODWILL OR ANY OTHER SPECIAL DIKL-CT, INDIRECT OR INCIDENTAL DAMAGES, EVEN IF SELLER HAS BEEN ADVISED OF OR HAS NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND PURCHASER'S EXCLUSIVE REMFDY WITH RESPECTTOANY CLAIM. WHETHER IN CONTRACT. TORTOR STRICT LIABILITY OR OTHERWISE, IN RESPECT OPT'HE PRODUCTS SOLD HEREUNDER SHALL BE EXPRESSLY LIMITED TOTHL AMOUNT OFTHE PURCHASE PRICE OF SUCH PRODUCT OR THE REPLACEMENT OF SL( I-1 PRODUCT. h. FAILURE Bl' PUIZCHASER'I'O GIVE' W[t[T'I'EN NOTICE OF SUCH CLAIM TO SELLER WITHIN 30 DAYS FROM THE DATE OF DELIVERY OF SUCH PRODUCT' SHALL CON'STTFUTE A WAIVER BY PURCHASER OF ALL CLAIMS IN RESPECT OF SUCH PRODUCT. NO PRODUCT SOLD HEREUNDER SHALL BE RETURNED TO SI L.I_I R NVI OUI' SE=LLER'S PERMISSION, NO CLAIM SHALL BE ALLOWABLE AFTER ANY SUCH PRODUCT HAS BEEN PROCESSED IN ANY MANNER. 7. ContainclsK'vlinders a. All returnable containers and cylinders remain the property ofthe Scller and rPluSI be mlurned ur Scher. h- Conlainet and cvlinder deposits will be Potened it containers arc not returned within 90 days Of shipment, unless otherwise agreed to in writing by Seller. In addition to the forfcftorc Of :mv such deposit, Purchaser Shay remain li:thIC Rbr an amount equal to the dil'I'rrencc hctwcdn the deposil and (hc replacement cost of ;toy returnable container or Ct blldcr 1011& Is not rcturnai to Sella: c Purchaser agrees to accept full responsibility an(1 liability for the disposal of 'non- rcturnahlc containers and cylinders in sn'icl compliance with all laws and regulations. d. Purchaser .hall indemnify and hold Seller harmless against any claim, loss, damage or expense arising from Purchaser's handling, use. storage or disposal of container or cylinder. C. Sclicr reserves the right to charge Purchaser with demurrage for any returnable container or cylinder S- Returned MSteriai No credit will be issucil for nuucrial n;lurned unless Seller has gn°en wriucn consent to Such return- All returned material is .suhject to a restocking charge. 9. Credits Any credit issued by Seller u> Purchaser. €nay Only be applied a 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 Seller will have no obligation with respecl thereo in the event that Purchaser does not apply the credit against the cost of Product purchased by it prior to Such espiry chic. 10 General u. T his Document Shall not he assignable. its whole or in part by Purchaser without the prior written consent Of Seller h. Unlc" ~tared to the contrary tlSawhcre in this Document, no action, regardless of form. arising Oil of the sale or delivery of produCI hereunder, may be commenced more than one Veal aticr the cause of action has accntecl, except that rot action for nonpavntern or 1b1' F,rilure to R'larll containers and cyiinders may be heought ill any lime. I Scllcr's vakerol any hrcach or failure to enforce anv of the tarns and conditions of this Agreement, al any tine, shall not in any w ;iy affect. limit or waive Seller's right lhere- ,dter n, enforce and Compel strict compliance with each and every Term and condition hereof. The ;wCCptnncc by the Seller of any payment after the specified clue date shall not Constitute a waiver of ILc Purchase,'; oblieatiort to make further payments on die specified d;acs. Li, Phis .A�-,tement shall be goyemcd by and enforced in aceordauce with the kjws of the Gate in which the Sel leas corporate office is located without reference to its conflict of law I ule:,. Purchaser by taking delivery of old or any items shall be conclusively deemed to have consented to personal jurisdiction in the above- mentioned stare. C, The terms mhd conditions herein constitute the entire agrCeu1C tl IMWCett Seller and Purchaser and may not he modified or amended except by a writing executed by an authorized officer of Scller and no modification shall be effected by the panics' course of dealing or the acknowledgment or acceptance of purchase order forms containing terms or condi- tions in addition to Dr at variance with those set forth 111Cl CI11. f 11 any provision or provisions Of this Document shall he held L. he illegal or unenforceable the legality and enforceability of the remaining provisions shall not in any way be affect- cd or impair'cd. u Products shall be delivered to Purchaser as indicated on the face hercol, and unless otherwise indicated, Purchaser Shall he responsiblc for the payment of all dicight and trutsporeuion charges Irom Seller's point of loading to the delivery address specified oil the dace he;eot'. Delivery dates are approximate and arc predicated on the prompt receipt by Seller of all necessary infornmuon and docuntcnnuirnt Iron Purchases: If. l hhle- Purclmrn l is awhoriiod co diarihutc iha products rl� livered hereunder pursuant, to a wriucn a�reenrcnl with Scher Scller agrees that tic product is supplied to Purchaser for Purch:l �cr's imcr'nal use only, and Purchaser may not repack tie, resell or otherwise distribute the producl to third parties without the express written consent of Seller. i, hr Iltc dent that PtrcbaSCr and Seller cn gage in any electronic Transactions, including, but not limited lo, electronic data inlerch:utga nr hICSII161e exchanges. such electronic e,\ehanges shall he considered as valid and legally binding and shall he subject to the terms and conditions of this Agreement. Brenntag Mid- South, Inc. BREN NTAGARE 1405 Highway 136 W P.O. BOX 20 Henderson, Kentucky 42419 -0020 INVOICE BMS520198 INV DATE: 7/28/08 PAGE 1 OF 1 DUE DATE: 8/27/08 SOLD TO: SHIP TO: CARMEL STREET DEPARTMENT CARMEL STREET DEPARTMENT ONE CIVIC SQUARE REFLECTING POOL CARMEL IN 46032 THIRD AVE_ 126TH STREET CARME IN 46032 FEDERAL ID 610SO4545 DATE SHIPPED: 7/28/0 -8- TERMS -NET 30 -DAYS B/L 91918 -00 SHIP WHS: 29 SALESPRSN: 294 CUSTOMER 897255 SHIP VIA: OUR TRUCK PKG CUSTOMER PO#: VERBAL c�5h� FOB DELIVERED TAX EX# 0031201550 -020 UNITS SHIPPED PROD WGT /GAL TOTAL QTY UNIT PRICE EXTENDED 402.2766 723584 9.670 402.2766G 1.8054 726.27 1.0000 G BULK MURIATIC ACID 20 DEG 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 726.27 FUEL SURCHARGE 90.00 PAID ON OR PRIOR TO 8/27/08 INVOICE TOTAL 816.27 PAID AFTER 8/27/08 INVOICE TOTAL 824.43 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 1. Conflicting Provisions Seller's terms and conch ons Stated in Ibis Document "Terms and Conditions shalt he deemed controlling notwithstanding any prior or subseyuenl purchase order or similar document from Purchaser. Purchaser by taking dclivory ul' al l or ally portion of the items shown on the reverse side shall be conclusively deemed to have accepted and assented to Seller's Terms and Condilion.c. 2. Purchase Price and Pavment The purchase price for al items shown on the reverse side exclude� sales, use. occupation, license, excise and other tuxes and fees in respect of ntdnufacture, sale, storage, consumption or delivery. all of which shall he paid by Purchaser. The purchase price fete all items is pnyahlc in lawful money of the Unitcd States. Acceptance by Seller of drafts, checks or other media of payment will hei piovisiomd only and subject to immediate collection of the full face amount thereof. Seller reserves the right to charge a late Ice andJor interest, if Purchaser fails to utakc mly paymenS to Seller when same become dun 3. DclivcrylPurcc Majcmti Delivery of goods to the Purchaser's location shall constitute delivery to the Purchaser; and all risk of loan or d;unagc.ball thereupon pass ro and he assumed by the Purchaser. Anv iime or date slated for r delivuly is ;n esumate only and the Selle shall nut be liable for failure to deliver al the .specified time or on the specified date, nor shall such failure on the pun of the Seller be deemed to be a breach of this Agreement or any corms and conditions or part thercol'. Purchaser shut] not be entitled to cancel or rescind this sale nor shall ticker be liable in dsunuges or otherwise. in the Case of delay or impairment or failure of Performance by Seller by reason oil beyond Seller's control. including, without limitation, claims of force majeura by Seller's suppliers, strikes, labor difficuhiaa, shortaecs of labor, fuel, power, material.. or supplies. inability to obtain shipping space, transportation delays, tire. floods, accidents, riots, acts of God, war, goverunu:ntA interference or embargo. In anv such event, Seller reserves the right, in its sole discretion, to allocate its inventory between Purchaser and Seller's other customers, and Pmchaacr wanes am 1 to assert a claim against Seller therefor. 4. Suspension _ol' Credit or S hipment Seller may at Lilly time alter or suspend credit to Purchaser, stop shipment to Purchaser in transit, or delay or defuse to ship to POrCha.er, or cancel any or all unfilled orders when. in Seller's sole opinion: i, Oro financial condition of Purchaser is unwlislircWry w Scllue b. dclivcry is delayed by Ilse Paull of Purchaser: c. Purchaser is dclinyucnt in pavntcnt of anv ohligation owed to Scllcr_ or d. Sale of products or materials to Purchaser nmy result in environment:d, Sanely or health danger or hazard. 5. Warranty Seller wartants that the products or materials delivered hereunder nice[ the standard specifications of the manufacturer(s) forthe Products or Such other specifications as may have been expres,dy agreed to in vrhing by Purchiecr and Seller. SELLER MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHAN'IAWLITY OR FITNESS FOR A PAR "TICULAR PURPOSE. Determination of the suitability of the Product supplied hereunder for the uses and appli- cations contemplated by Purchaser and others shall he the solo iesponsibilhy of Purchaser: Purchaser assumes 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 agrees to indemnify and hold Sealer harmless agahtsl ally :cod all loss, damages, tiability. coal :cod expense ]including reasonable attorneys' fees), arising out of Such rise, handling, storage or resale. Seller assumes no obligation or liability for the lechnieal ackice given by Seller with reference ro the use oI'thc P]bdncLS or results obtained therefrom, and all such advice is given and accepted at Purchasers rink. 6. LIMITATIONS OF LIABILITY a. PURCHASER HEREBY WAIVES ANY CLAINI AGAINST SELLF.R FOR CONSEQUENTIAL DAMAGES, LOSS OF OR DAMAGE TO GOODWILL OR ANY OTHER SPECIAL, DIRECT, INDIRECT OR INCIDENTAL DAMAGES. EVEN IF SFI.LER HAS BEEN ADVISED OF OR HAS NOTICE OF TIIF POSSIBILITY OF SUCH DAMAGI-S AND PURCHASER S EXCLUSIVE REMEDY WI H RESPECT TO ANY CLAIM, WHETI IER IN CON "TRACT, TORT OR STRICT LIABILITY OR OTHERWISE, IN RESPECT OP"I'HE PRODUCTS SOLD HEREUNDER SHALI. BF EXPRESSLY LIMITED TO THEAMOIINT OFTHF PURCIIASE PRICE OF SUCH PRODUCT OR THE RFPI.ACFMFNT OF SUCI I PRODUCT. h. FAILURF BY PURCIASER TO GIVE WRIT'l EN NOTICE OF SUCH CLAIM TO SELLER WITHIN 30 DAYS FROM THE DATE OF DELIVERY OF SUCH PRODUCT SHALL CONSTITUTE A WAIVER BY PURCHASER OF ALL CLAIMS IN RESPECT OF SUCH PRODUCT. NO PRODUCT SOLD HEREUNDER SHALI. BE RETURNED TO SELLER WITHOUT SFLI,F t'S PERMISSION. NO CLAIM IN ALL BE ALLOWABLE AFTER ANY SUCH PRODUCT HAS BEEN PROCESSED IN ANY MANNER. 7. Conlanc /cOindcca a. All reuu eonnaincre and cylinders remain Ili: property of the Seller and must he retuned to Seller. h. C0nl:lin0r unit Cylillder dennsits will he forfeited il' containers arc not returned within 90 days oh ,shipment. unless otherwise ugrced to in writing by Seller. In addition to the forlciutre of an} such deposit. Pmdl:L "hull rc"miu li,drle tiv :ill amount equal to the dill erence between the deposit and the rcplacerucia coot of any returnahlc container or cvlindci which is ativ returned to Scicr. Pulcttoscr agrees Io accept tall responsibilit. and IAIITt% tin the disposal of non returnable containers and cylinders ill snicl compliance with all laws and regulations. d. Purchases Shad indemnify and hold Seller harmless I�Nunst any claim, lo-, dmnage or expense arising from Pu handling, use, storage or disposal of ally container or cylinder. c. Seller reserves the right to charge Purchaser with demumnge for any returnable container of cylinder. K. Itculrncd Maierial No credit will be issued for material returned mtless Seller has given written consent to such retain. All returned 1113na is subject to a restocking charge. Q. Credit, Any credit issued by SCIICl to Purchasct: miry only be applied against 1110 future purchase of Products by Purchaser and will not he paid is cash, Any such credit will expire one year after the date of issuance, and Seller will have no ohligaulnn wish respect thereto in [he event thin Purchaser does not apply the credit against the cost of Product purchased by it prior to such expiry datc- 10. General a. This Document .hail not he assignable in whole or ill part by Pl1lVhtiSC; the prior written consent of Seller. b. Unles Staaed to the contrary elsewhere in this I)oculltenl. Ito action. regardless of fol in.:uising oril of the sale or delivery of product hereunder, may he commenced more than one year Mier the cause of action hall accrued. except that :in action for nonpayment or for failure to return containers :cod cylinders may be brought at any time. c. Scllcr. waiver of any breach. ur failure to en ol any of due Icr'nis and conditions of this Agreement, at anv time, shall not in any way affect, limit or waive Seller's right there- after to ettl'oice and co mpcl su compliance wllh each and every Tenn and condition hereof. The acceptance by the Seller of any Payment niter the specified due dale .shall not constitute it w;tivcr of the Pt3ThalCl`S ohliealion ID make further payments on the specilied dates. d. 'Phis Agreement shall be eovcrncd by and enforced in accordance with the laws of the .state in which Iho Seller's corporate office is IocLiTed w11110ut refarcncc to its conflict of law rule,. Pwchascr by taking dclivcry n1 all or ;any items shall he conclusively deemed to have consented to Personal jurisdiction in the about mentioned state. C. 'the terms and conditions hcrcin constitute the omire agreement helwel'n Seller stud Purchaser and may nor he modified or amended except by a writing CxcCLilod by an authorized officer of Scllcr and no modification shall be effected by the panics course of dealing or the acknowledgment or acceptance of purchase order forms conutiniug teens or condi- tions in addition to of at variance with those set forth herein. f. If any provision or provisions of this DOCUmenL Shull 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 oihemvisc indicated. Purchaser shall be responsihlo for the payment of all freight and maispcntation charges frmn Seller's point of loudinc In the delivery address specified on the face hereof. Delivery dues are approximate and are piedtcaled on the prompt receipt by SCII(a 01 all nuccssary iutbrlll u&0n ;cod dorumnttution front Pmthascr. h Unless Purchaser is wuhor'ized to dkll hots the producis delkertd hereunder pursuant to a icritwrl agreement with Seller, Scllcr agrees drat the pnxiucl is supplied 10 Purchaser fi)r Purt'hascrn' I111CIIIJ use oull. and Purchases inuy not n•pack Inc resell of othemisc distribute the producl To third parties without the aspress written consent of Scllcr i. In the event that Purchaser :cod Scaler eno age to] all) electronic Ir:111naCLI0M, including. hill not limited to. electronic daul interehanga err Ihcsintife exchwigcs. such electronic exchanee, shall he considered as valid and Icgatly binding and shall be subject to the terms and conditions ol'this Agreement. VO NO. WARRANT NO. ALLOWED 20 Brenntag Mid -South Inc IN SUM OF 3111 N. Post Road Indianapolis, IN 46226 $2,450.94 ON ACCOUNT OF APPROPRIATION FOR Carmel Street Department PO# Dept. INVOICE NO. ACCT #/TITLE AMOUNT Board Members 17572 BMS520198 43- 504.00 $816.27 1 hereby certify that the attached invoice(s), or 17572 BMS521112 43- 504.00 $1,129.05 bill(s) is (are) true and correct and that the 17572 MNS525211 43- 504.00 $505.62 materials or services itemized thereon for 17572 43- 504.00 which charge is made were ordered and received except Thursday, August 14, 2008 Street C -LL_ 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)) 07/28/08 BMS520198 $816.27 07/29/08 BMS521112 $1,129.05 08/05/08 MNS525211 $505.62 08/05/08 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