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HomeMy WebLinkAbout162277 08/07/2008 CITY OF CARMEL, INDIANA VENDOR: 359661 Page 1 of 1 0 ONE CIVIC SQUARE BRENNTAG MID -SOUTH INC CHECK AMOUNT: $1,025.37 CARMEL, INDIANA 46032 3796 RELIABLE PARKWAY CHICAGO IL 60686 -0037 CHECK NUMBER: 162277 CHECK DATE: 8/7/2008 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 2201 4350400 17572 BMS516201 513.93 REFLECTING POOL CHEMI 2201 4350400 17572 BMS517036 511.44 REFLECTING POOL CHEMI Brenntag Mid South,, Inc B R E N NTAG 1405 Highway 136 W P.O. BOX 20 Henderson, Kentucky 42419 -0020 INVOICE BMS516201 INV DATE: 7/15/08 PAGE 1 OF 1 DUE DATE: 8/14/08 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 61050 DATE SHIPPED: 7/15/08 TERMS NET 30 DAYS B/L 59813 -00 SHIP WHS: 29 SALESPRSN: 294 CUSTOMER 897255 SHIP VIA: OUR TRUCK PKG CUSTOMER PO 1-8-3 175�1d� FOB DELIVERED TAX EX# 0031201550 -020 UNITS SHIPPED PROD WGT /GAL TOTAL QTY UNIT PRICE EXTENDED 201.1828 365998 10.140 201.1828G 2.1072 423.93 1.0000 G BULK SOD HYPOCHLORITE 12.5% DRUM OFF -330 G POLY TOTE BLK QUESTIONS, CALL 317- 898 -8632 REMIT TO ADDRESS: B RENN'T AG MID SOUTH, INC 3796 RELIABLE PARKWAY CHICAGO IL 60686 -0037 MERCHANDISE 423.93 FUEL SURCHARGE 90.00 PAID ON OR PRIOR TO 8/14/08 INVOICE TOTAL 513.93 PAID AFTER 8/14/08 INVOICE TOTAL 519.07 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 I. Conlliclinit Provisions Seller's terms and conditions stored in this Document Ibnus and Conditions') shall he deemed controlling notwithstanding any prior or subsequent purchase order or similar doetnilent from Purchaser. Purchaser by taking delivery of all or any portion of (he 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 the reverse side excludes sales, use, occupation, license, excise and other taxes :in(] fees in respect of manufacture, 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 ur other media of paynwm will be provisional only and subject m 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 Majcure 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 be assumed by the Purchaser. Any time or date stated for delivery is an estimate only and the Seller shall not be liable for failure to deliver at the specific(] time or on the specified date, 1101' shall such failure on the pan of the Seller be deemed to be it 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 perforntancc by Seller by teason of causes beyond Seller's control, including, with0ul limiltion. claims of force nmjeure by Seller's suppliers, strikes. Tabor difficulties, shonages of labor, fuel, power, materials or supplies. inabilit to obtain shipping space. transportation 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, (o allocate its inventory between Purchaser and Seller's other customers, and Purchaser waives any right m assert a claim against Seller therefor. 4. Suspension of Credit or Shipment Seller may at any time 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 unfilled orders when, in Seller's sole opinion: a. the financial condition 01' Purchaser is unsalisfadOry to Seller; b, delivery is delayed by the fault of Purchaser: c. PmThaSCr is delinquent in payment of anv obligation owed to Seller, or d. sale 01 prothncts 01' materials to Purchaser may result in cm ironmclual, salety or health d:mgcr or hazard. 5. Warranty Seller warrants that the products or materials delivered hereunder meet the standard specifications of the m:mufacturer(s) for the products or such other specifications as may have been espressly agreed to in writing by Purchaser and Scller. SELLER MAKES NO OTHER WARRANTIES. EXPRESS OR IMPLIED. INCLUDING. WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARI'ICULAR PURPOSE. Determination of 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 resulting front 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. liability, cost and expense (including reasonable attorneys' fees), arising out ol' such use, handling, storage or resale. Seller assmnes no ohligation 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 CONSEQUENTIAL DAMAGES, LOSS OF OR DAMAGE TO GOODWILL OR ANY OTLIER SPECIAL. DIRECT, INDIRECT OR INCIDENTAL DAMAGES, EVEN IF SELLER HAS 13EEN ADVISED OF OR HAS NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND PURCHASER'S EXCLUSIVE REMEDY WITH RESPECTTO ANY CLAMN'I, WI- 11 IN CONTRACT', TORT OR S'T'RICT LIABILITY OR OTHERWISE. IN RESPECT OFTHE PRODUCTS SOLD HEREUNDER SHALL 13E EXPRESSLY LIMITED TOTHE AMOUNTOFTHE PURCHASE, PRICE OF SUCH PRODUCTOR THE REPLACEMENT OF SUCII PRODUCT. b. FAILURE 13Y PURCHASER TO GIVE WRITTEN NOTICE OF SUCH CLAIM TO SELLER WI'T'HIN 30 DAYS FROM THE DATE OF DELIVERY OF SUCH PRODUCT SHALL. CONSTITUTE A WAIVER 13Y PURCHASER OF ALL CLAIMS IN RFSPEC'T OF SUCH PRODUCT. NO PRODUCT SOLD HEREUNDER SHALT. BE RE'T'URNED TO SELLE=R WITHOUT SELLFR'S PERMISSION. NO CLAIM SHALL BE ALLOWABLE AFTER ANY SUCH PRODUCT HAS BEEN PROCESSED IN ANY MANNER. 7. Containers /Cylinders a. All returnable containers and cylinders remain the property of the Seller and must be returned to Seller. b. 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 any such deposit. Purchaser shall remain liable for an amount equal uh the difference between the deposit and the replacement cost of anv murnable container or cylinder which is not returned to Seller. C. Purchaser agrees to accept full responsibility and liability for the disposal of non- rcuunahlc 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 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. S. Returned Maierial No credit will he issued hn' material returned unless Seller has given wriuen consent to such return. All returned material is subject to a restocking charge. 9. (India 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 obligation with respect (hereto in (he event that Purchaser does not apply the credit against the cost of Product purchased by it prior (o such expiry (]life. 10. Gencial a. This Document shall not be assignable in whole or in part by Purchaser without the prior written consent of Seller. b. Unless stated to the contrary elsewhere in this Document. no action, regardless of form, arising out of the sale or delivery of product hereunder, may be conmenced 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 ma y he brought al any time. C. Seller's waiver of any breach, or failure (o enforce any of the terms and conditions of this Agreement, at any lime, shall not in any wary affect, limit or waive Seller's right (here- after to entitrce and compel strict compliance with each and every term and condition hereof. The acceptance by the Seller of any payment alter the specified due date shall no( constitute it waiver of the Purchaser's obligation to make further payments on the specified dates. d. This Agreement shall be governed by and enforced in accordance with the laws of the state in which the Seller's corporate office is located without reference to its conflict 01' law rules. Purchaser by taking deliver)' of all or any items shall be conclusively deemed to have consented to personal jurisdiction in the above mentioned state. e. The terms and conditions herein constitute the entire agreement between Seller and Purchaser and may not be modified or amended except by a writing executed by an authorized officer of Seller and no modification shall be effected by the parties' course of dealing or the acknowledgment or acceptance of purchase order forms containing tcrnns or condi- tions in addition to o' 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 way be aflect- ed or impaired. Products shall be delivered to Purchaser as indicated on the face hereof, and unless otherwise indicated. Purchaser shall be responsible for the payment of all freight and transportation charges from Seller's point of loading to the delivery address specified on the face hereof. Delivery dates are approximate and are predicated on the prompt receipt by Seller of all necessary information and documentation from Purchaser. h. Unless Purchaser is :Uthorized to distribute the products delivered hereunder pursuant to it written agreement with Seller. Seiler agrees that the product is supplied to Purchaser for Purchasers internal use only, and Purchaser may not repackage. resell or otherwise distribute the product to third parties without the express wriuen consent of Seller. i. In the event that Purchaser and Seller engage in any electronic transactions, including, but not limited lo. electronic data interchange or facsimile e.cch: ugcs. such electronic exchanges shall be considered as valid and legally binding and shall be subject to the terms and conditions of this Agreement. Brenntag Mid- South; Inc B R E N N TAG 1.405 Hi 136 W P.O. BOX 20 Henderson, Kentucky 42419 -0020 INVOICE BMS517036 INV DATE: 7/22/08 PAGE 1 OF 1 DUE DATE: 8/21/08 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 E1050451 -5 -DATE SHIPPED: 7/22/08 TERMS IT 30 DAYS B/L 59815 -00 SHIP WHS: 29 SALESPRSN: 294 CUSTOMER 897255 SHIP VIA: OUR TRUCK PKG CUSTOMER PO# 1* 3 ItiSh�J FOB DELIVERED TAX EX# 0031201550 -020 UNITS SHIPPED PROD WGT /GAL TOTAL QTY UNIT PRICE EXTENDED 199.9993 365998 10.140 199.9993G 2.1072 421.44 1.0000 G BULK SOD HYPOCHLORITE 12.5% DRUM OFF -330 G POLY TOTE>> BLK QUESTIONS, CALL 317 898 -8632 REMIT TO ADDRESS: B RENNT AG MID SOUTH, INC 3796 RELIABLE PARKWAY CHICAGO IL 60686 -0037 MERCHANDISE 421.44 FUEL SURCHARGE 90.00 PAID ON OR PRIOR TO 8/21/08 INVOICE TOTAL 511.44 PAID AFTER 8/21/08 INVOICE TOTAL 516.55 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 L Callictin,Provisions Seller's tenuS and conditions stated 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 all or any portion of the items shown on the reverse side shift] be conclusively deemed to have accepted and assented to Seller's Terms and Conditions. i 2. Purchase Price and Payment The purchase price fix all items shown on the reverse side excludes Saes. use, occupation, license, excise and other taxes and fees in respect of manufacture, sale. storage. Cnsuntplion or delivery, all of which shall be paid by Purchaser. The purchase price for all items is payable in lawful money of lltc United States. Acceptance by Seller of drafts, checks or other media of payment will be provisional only and Subject to immediate collection of the full face amount (hereof. Seller reserves the right to charge if late 1ec and /or interest, if purchaser fui]s to stake :tm payments to Seller when same become due. 3. Dclivery /Force Vtajeure Dclivery 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 be assumed by the Purchaser. Any time or date stated for delivery is an estimate only and the Seller shall not he liable for falln'C m deliver al the specified time or on the specified date, nor shall such failure on the part of the Seller be deemed to be a hrcach of this Agreement or any terms and conditions of part thereof: Purchaser shall not be entitled to cancel or rescind this sale nor shall Seller be liable in damages or otherwise, in the catse of delay or impairment or failure of performance by Seller by reason of causes beyond Seller's control, including. Without limimtion, claims of force majeme by Seller's suppliers. strikes, labor difficulties. shortages of labor, fuel, power, materials or supplies, inability to obtain shipping space. transportation delays. fire, floods, accidents, riots, acts of God. War, govcrnntental interference or embargo. In any such event, Seller reserves the right, in its sole discretion, to allocate its inventory between Purchaser and Seller's other custrnucrs. and Purchaser waives any right to assert it claim against Seller Iherelor. 4. Sus cnsion of Credit or Shi pment Seller stay in any lime alter or Suspend credit ur Purchaser. stop shipment to Purchaser in transit. or delay or refuse to ship to Purchaser. or cancel any or all unfilled orders when. in Seller's sole opinion: a. the financial condition of Purchaser is unsatisfactory to Seller: b. delivery iS delayed by the fault of Purchaser: c. Iurchaser is delinquent in payment of any obligation owed to Seller: or d. sale of products or materials to Purchaser may result in environmental, safety or health danger or hazard. 5. Warrant Seller warrants that the products or materials delivered hereunder meet the standard specifications of the manufacturer(s) for the products or such other specifications as may have been expressly agreed to in writing by Purchaser and Seller. SELLER MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED. INCLUDING. WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNL'SS FOR A PARTICULAR PURPOSE. Determination of the suitability of the Product supplied hereunder for the uses anil appli- cations contemplated by Iurchaser and others shall be the sole responsibility 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 Seller harmless againsl :my and all loss. damages, liability, cost and expense (inducting reasonable attorneys' fees), 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. A. LIMITATIONS OF LIABILITY 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 PURCIIASER'S EXCLUSIVE REMEDY WITH RESPECTTO ANY CLAIM, WHETHER IN CONTRACT, TORT OR STRICT LIABILITY OR O'T'HERWISE-. IN RESPECT OF THE PRODUCT'S SOLD HEREUNDER SHALL 13E EXPRESSLY LIMITED TOTHEAMOUN'TOFd'HE PURCHASE PRICE OF SUCLI PRODUCT OR THE REPLACEMENT OF SUCH PRODUCT. b. FAILURE BY PURCHASER TO GIVE WRITTEN NOTICE OF SUCH CLAIM TO SELLER WITHIN 30 DAYS FROM THE DATE OF DELIVERY OF SUCH PRODUCT SHALL CONSTITUTE A WAIVER I3Y PURCHASER OF ALL CLAIMS IN RESPECT OF SUCH PRODUCT. NO PRODUCT SOLD HEREUNDER SHALL BE RETURNED TO SELLER WITHOU "I' SELLE'R'S PFRIMISSION. NO CLAIM SHALL. BE ALLOWABLE AFTER ANN' SUCH PRODUCT HAS 13EEN PROCESSED IN ANY MANNER. 7. Containers /Cylinders a. All returnable containers and cylinders remain the properly A the Seiler 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 fiufciiurc of any such deposit. Purchaser Shall romain liable for an amount equal to the difference between the deposit and the replacement cost of any returnable container or cv]inder which i.e. not returned to Seller. C. I'm'chascr agrees to accept full responsibility 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 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 rsurnabte container or cylinder. S_ Retur Material No credit will hr issued fur material returned unless Seller has given written consent to Such return. All relumed nnaterial is subject to a restocking charge. 9. Credits Any credit 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 after the date 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 Ptuduct purchased by it prior to such expiry date. 10. Gennal a. This Document shall not be assignable in whole or in part by Purchaser without the prior written consent of Seller. b. Unless stilled to the contrary elsewhere in this Document, no action. regardless of form, arising out of the sate or delivery of product hereunder. may be commenced more than one year after the cause of action has accrued. except that all action for nonpayment or firr failure to return containers and cylinders may he brought at any lime. C. Seller's waiver of any breach, or failure tO enforce any of the terms and conditions of this Agreement. al any lime, 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 specified due date shall not constitute it waiver of the Purchaser's obligation to make further payments in the specified dates. d. This Agreement shall be governed by and enforced in accordance with the hnvs of the stale in Which the Seller's corporate office is located without ret "erencc to its conflict of law rules. Purchaser by taking delivery of all or any dents shall he conclusively deemed to have consented to persona] jurisdiction in the above mentioned state. C. The terms and conditions herein constitute the entire agreement between Seller and Purchaser and may not he modified or amended except by it writing executed by art authorized officer of Seller and no modification shall be effected by the parties' copse of dealing or the acknowledgment or acceptance of purchase order forms comaining terms or condi- tions in addition to or at variance with those set forth herein. 1. 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 way he affect- ed or impaired. Products shall be delivered to Purchasers indicated on the face hereof. and unless otherwise indicated, Purchaser shall he responsible for the payment of all freight and transportation charges from Seller's point of loading to the delivery address Speci]led on the face hercul: Delivery dates are approximate and are predicated on the prompt receipt by Seller of all necessary iliforntation and documentaiio n from Purchaser. h. 11111css Purchaser is authorized to distribute the products delivered hereunder pursuant to written agrcennent with Sells'. Seller agrees than the product is supplied to purchaser for Purchascr'S" internal use Only. and Purchaser may not repackage, rcsclf of otherwise distribute the product to third parties without the express wriucn consent of Seller. 1. In the event that Purchass and Seller engage in any electronic nansacdons, including. but not limited to. electronic data interchange or facsimile exchanges. such electronic exchanges shall he 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 $1,025.37 ON ACCOUNT OF APPROPRIATION FOR Carmel Street Department PO# Dept. INVOICE NO. ACCT #/TITLE AMOUNT Board Members 17572 BMS516201 43- 504.00 $513.93 1 hereby certify that the attached invoice(s), or 17572 BMS517036 43- 504.00 $511.44 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, July 31, 2008 Street OWmissioner 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)) 07/15/08 BMS516201 $513.93 07/22/08 BMS517036 $511.44 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