Loading...
160775 06/25/2008 CITY OF CARMEL, INDIANA VENDOR: 359661 Page 1 of 1 `i. ONE CIVIC SQUARE BRENNTAG MID -SOUTH INC CARMEL, INDIANA 46032 3796 RELIABLE PARKWAY CHECK AMOUNT: $2,452.02 CHICAGO IL 60686 -0037 o CHECK NUMBER: 160775 CHECK DATE: 6125/2008 "D EPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION Y2201 4350400 17570 BMS490876 1,951.40 SERVICES =2201 4350400 17572 BMS493340 500.62 REFLECTING POOL CHEMI Brenntag Mid outk, Inc. B R E N N TAG 1 1405 Highway 136 W P.O. BOX 20 Henderson, Kentucky 42419 -0020 INVOICE BMS493340 INV DATE: 6/10/08 PAGE 1 OF 1 DUE DATE: 7/10/08 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: 6/10/08 TERMS NET 30 DAYS B/L 59776 -0 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 QUESTIONS, CALL 317- 898 -8632 REMIT TO ADDRESS: BRENNTAG MID SOUTH, INC 3796 RELIABLE PARKWAY CHICAGO IL 60686 -0037 MERCHANDISE 415.62 FUEL SURCHARGE 85.00 PAID ON OR PRIOR TO 7/10/08 INVOICE TOTAL 500.62 PAID AFTER 7/10/08 INVOICE TOTAL 505.63 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 T ERMS AND CONDITIONS I. Conflicting Provisions Seller's terns and conditions stated in this DOCnnd'nl "TcrmtS and Conditions shall be deemed conu011ing notwithstanding tiny prior or Subsequent purchase order or Similar document from Purchaser. Purchaser by taking deliver of all of any portion of the items shown On the reverse side shall he conclusively deemed to have accepted and assented to Seller's Tcrns and Conditions. 1 Purchase Price and Pavment The purchase price for all items shown on the revel :se side excludes sales, use. occupation, license, excise and other taxes and fees in respect of manufaclure, sale, storage, consumption or deliver-, all of which shall he paid by Purchaser. The purchase price fir 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 thcrcol. Seller reserves the right to charge if Tale fee and /or interest, if Purchaser fails to make any paymcros to Seller when samtc bCCUmc duc. 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 slated for delivery is am estimate only and the Seiler shall not be liable for failure to deliver at the specified lime or on the specified date, not shall such failure on the part of the Seller he deemed to be it breach of this Agreement or any terns 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 dcla} or impairment or failure of perfOrntsmcc by Seller by reason of causes beyond Seller's control, including. without limitation, claims of force ntajeure 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. guvemmnental interference or embargo. In try such event. Seller reserves the right in its sole discretion, to allocate its inventory between Purchaser and Seller's other custnnters. and Purchaser ��aives any right to assert it claim against Seller Iherelix. d. Suspension of Credit or Shipment Seller may at any time alter or Suspend credit to Pureha }CI. Stop shipment to Purchaser in nansi 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 unsatisl'aclury a, Seller: It. delivery is delayed by the fault of Pmchaucr, C. PHICIMSC1 is delinquent in payment of any obligation owed to Seller: or d. Sale of products ur materials to Purchaser may result in environmental, sidety or health danger or hazard. 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 WARRAN'T'Y OF MERCHANTABILITY OR FITNFSS FOR A PARTICULAR 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 ICSponsibility of Purchaser. Purchaser assumes all risk and liability resulting from the handling, use, storage or resale of the produclS delivered hCrenndel'. whether rued, handled. stored or resold singly or in combination with other products, and Purchaser agrees to indemnify and hold Seller harmless against any and alf loss, damageS, liability, cost and expense (including reaSOnable attorneys' fees), arising out of such use, handling, storage or resale_ Scller assumes no obfigation or liability ter the Icchnical advice given bV 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. 6. LIMITATIONS OF LIABILITY a. PURCHASER HEREBY WAIVES ANY CLAIM AGAINST SELLER FOR CONSEOUENTIAL DAMAGES, LOSS OF OR DAMAGE TO GOODWILL OR ANN' OTHER SPECIAL, DIRECT. INDIRECT OR INCIDENTAL DAMAGES. EVEN IF SELLER HAS BEEN ADVISED OF OR HAS NOTICE 01 THE POSSIBILITY OF SUCH DAMAGES AND PURCHASER'S EXCLUSIVE REMEDY WITH RESPECT TO ANY CLAIM. WI-IEI'HER IN CONTRACT, TORT OR STRICT LIABILITY OR OTHERWISE, IN RESPECT OFTHE PRODUCTS SOLD HEREUNDER SMALL 13F EXPRFSSLY LIfivIlT DTO TI 11 AMOUNTOFTHE PURCHASE PRICE OF SUCH PRODUCT OR THE REPLACEMENT OFSUCH PRODUCT. b. FAILURE BY PURCHASER TO GIVE WRITTEN NOTICE OF SUCH CT_AINI TO SELLER WITHIN 30 DAYS FROM THE DATE OP DELIVERY OF SUCK PRODUCT SHALL. CONS A WAIVER BY PURCIASER OF ALL CLAINIS IN RESPECT OF SUCH PRODUCT. NO PRODUCT SOLD HEREUNDER SHALL 13E RETURNED TO SF..LLER WITIIOUT SELLER'S PERMISSION. NO CLAIM SHALL BI AI,I.OWABT.E AFI'ER ANY SUCH PRODUCT HAS BEEN PROCESSED IN ANY MANNER. 7. Containers /Cvlindets a. All returnable containers and cylinders renwin the pruperue of the Seller and must be rcturned to Scller. b. Container and cylinder deposits will be loricited if containers arc not returned within 90 days of shipment, unless otherwise agreed It) in writing by Seller. In addition to the forfeiture of any Such dcposil. Purchaser shall remain liable fir an aunount equal m the difference between the deposit and the jcplacentcni cost of any returnable container or cvlinder which is not returned to Seller. C. Purchaser agrees to accept full responsibility and liability fur the disposal of nun -ret enable containers and cylinders in strict compliance with all laws and regulations. d. Purchaser .shall indemnify and hold Seller haumtlesS against any claim, lose. damage or expense arising front Purchaser's handling, use, storage or disposal of any container or cylinder. C. Seller resu'ves the right to charge Purchaser with demurrage Im ally returnable container or cylinder. R. Rcuumcd Material No credit will be issued for material rcuumed unless Seller has given written consent w Such return. All rcturned material is Subject m a restocking charge. 9. Credits Any credit issued by Scller to PnrClraacr, ntav, 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 thereto in the event that Purchaser does not apply the credit against the cost of Product purchased by it prior to Such expiry date. Ill. General a. This Document shad] not he assignahle in whole or in part by Purchaser without the prior written consent of Scller. h. Unless slated 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 than 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, of 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 stria 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 stake further pa ymcnts on the specified dates. d. This Agreement shall he governed by and enforced in accordance with the laws of the Stale 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 he modified or amended except by if writing executed by an authorized officer of Scller 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 a variance with those set forth herein. I. If any provision or provisions of this Document shall he held to be illegal or unenforceable the legality and enforceability of the remaining provisions shall not in any way be affect- ed or impaired. t Products shall he delivered tat 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 un the face hereof. Delivery dates are approximate and are predicated on the prompt receipt fry Seller of all necessary information and documentation from Purchaser. h. 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 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 Scllcr. i. In the event that Purchaser and Seller engage in any electronic transactions. including. but not limited to, electronic data interchange or facsimile exchanges, such elecu'onic exchanges shall be considered as valid and legally hinding and shall he subject to the terns and conditions of this Agreement. Brenntag Mid- Sbuth, Inc 6 R E N NTAG 1405 Highway 136 W P.O. BOX 20 Henderson, Kentucky 42419 -0020 INVOICE BMS490876 INV DATE: 6/04/08 PAGE 1 OF 1 DUE DATE: 7/04/08 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 FED ID--#-,:-- 04545 DATE SHIPPED: 6/04/08 TERMS NET 30 DAYS B/L 54907 -00 SHIP WHS: 29 SALESPRSN: 294 CUSTOMER 897255 SHIP VIA: OUR TRUCK PKG CUSTOMER PO# 1'�3_ 17 FOB DELIVERED TAX EX# 0031201550 -020 UNITS SHIPPED PROD WGT /GAL TOTAL QTY UNIT PRICE EXTENDED 788.9520 365998 10.140 788.9520G 2.1071 1,662.40 1.0000 G BULK SOD HYPOCHLORITE 12.50 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 1,662.40 FUEL SURCHARGE 289.00 PAID ON OR PRIOR TO 7/04/08 INVOICE TOTAL 1,951.40 PAID AFTER 7/04/08 INVOICE TOTAL 1,970.91 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 T ERMS AND CONDITIONS I. Conflicting Provisions Seller's tel'I11S and conditions stated in this Document "Terms and Conditions "1 shall he deemed controlling notwithstanding any prim' or subsequent purchase order or similar document front Purchaser. Purchaser by taking delivery of all ur anv 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 Pavmcnt The purchase price for all items shown on the rcv crw side excludes saleS. use. Occupation, license, excise and other taxes and Ices in respect of Manufacture. sale. storage. consumption or dclivety, all of which shill he paid by Purchaser. The purchase price for all items is payable in lawful stoney of the United States. Acceptance by Seller of drills, checks or other media of payment will he provisional only and Subject to immediate collection of file full face amount thereof. Seller reserves the right to charge a late fce and /or interest, if Purchaser fails m make any payments to Seller when sane heconnc due. 3. Delivery /Force Majcure Delivery of goods to the Purchaser's location shall constitute delivery w the Purchaser: and all risk of loss or damage shall thereupon pass to and be assumed by the Purchaser. Any lime or date .stated for delivery is an estimate only and the Seller shall not he liable for failure to deliver at the Specified lime or On the specified date, nor shall such failure on the part of the Seller he deemed to he 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 impainnent or failure of pertin'mance by Seller by reason of causes beyond Seller's control, including, without limitation, claimS Of force majeure by Sellers suppliers. Stikcs. labor diflicullics. shortages of labor, Iue1, power, materials or supplies, inability to obtain shipping space, uansportalion delays, lire. Iloods, accidents, riots, acts of God. war, gmrornmcntal interference or embargo. In any such event, Seller reserves the right, in its sole discretion, to allocate its inventory between Purchaser and Sellers other customcn, and Purchascr v`aivcA any right to assert it claim against Seller Therefor. 4. Suspension of Credit or Shi pment Seller may al any time alter or suspend credit to Purchaser. stop shipment to Purchaser ill transit, or delay or refuse to ship to Purchaser, or cancel any or all unfilled orders when, in Seller's sole opinion: a. [he financial condition of Purchaser is unsuislaclun to Scllcr: h. deliver\- is delayed by the fault of Purchaser: C. PL10211 ISCI is dClinqucnl in payment of any Obligation Owed lO Seller: or d. Sack of products or materials [O Purchaser may result in environmental. sa(cty or health danger or hazard. 5. Wall anly Seller warrants than the products or materials delivered hereunder nice[ the standard speciftcationS of the mmnufacturer(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. ANN' WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Determination of 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 from the handling, use, storage or resale of the products dCliVClCd lICr "CIIIRICT. 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 of such use, handling, storage or resale. Seller assumes no obligation or liability for the technical advice given by Seller w ith 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 HERI WAIVES ANY CLAIM AGAINST SELLER FOR CONSEQUENTIAL DAMAGES. LOSS OF OR DAMAGE TO GOODWILL OR ANN' OTHER SPECIAL, DIRECT, INDIRECT OR INCIDENTAL. DAMAGES. EVEN It- SELLER I[AS BEEN ADVISED OF OR HAS NOTICE" OF '['HE POSSIBILITY OF SUCH DAMAGES AND PURCHASER'S EXCLUSIVE Rf-MEDY WITII RESPECT TO ANY CLAIM, WHETHER IN CONTRACT', TORT OR STRICT LIABILITY OR OTHERWISE., IN RESPECT OF TI IF PRODUCTS SOLD IiEREUNDF.R SHALT- BI; LiXPR ESSLY LIMITED TO THE AMOUNT OF TI IF PURCHASE PRICE OF SUCH PRODUCT OR THE REPLACEMENT OF SUCH PRODUCT. b. FAILURE BY PURCHASER TO GIVE WRITTEN NOTICE OF SUCH CL.AINI TO SELLER WII'I IIN 30 DAN'S 1 THE DATE OF DELIVERY OF SUCH PRODUCT SHALT_ CONSTITUTE A WAIVER BY PURCHASER OF ALL CLAIMS IN RESPECT Of SUCH PRODUCT. NO PRODUCT SOLD HEREUNDER SHALT_ BE RETURNED TO SELLER WITHOUT SELLER'S PERMISSION. NO CLAIM SHALT. 13F ALLOWABLE AFTER ANN' SUCH PRODUCT HAS BEEN PROCESSED IN ANN' MANNER. 7. Containers /Cvlindcn a. All returnable containers and cylinders remain the property of the SCIICr and must be returned n, Seller. h. Container and cylinder deposits will be forfeited it containers are not returned within 90 days of shipment, unless otherwise agreed [o in writing by Seller. In addition To the forfeiture of any such depuSit. Purchaser shall remain liable for an amount equal no the dillerence between the deposit and the replacement cost of any returnable container or cvlinder which is not returned to Seller. C. Purchaser agrees to accept full responsibility and liability for the disposal of non- rcunnable containers and cylinders in strict compliance with all laws and regulations. d. Purchaser shall indentnifv and hold Seller harmless against any claim, loss, damage or expense arising Gum Purchaser's handling, use, storage or disposal of any container or cvlinder. e. Seller' reserves the t'iahl to charge Purchase' with demurrage for anv returnahle conuuiner or cylinder. S. Returned Mal No crcdil will be issued tin ntmerial returned unless Seller has given W111tcn consent to such return. All returned nnaWl'ial is Subject to a restocking charge. 9. Credits Any credit issued by Seller to Purchaser, may only be applied against the future purchase ul' I'lOduetS by Purchaser and will not be paid in cash. Any such credit will expire one year ;filer the dine of issuance, and Seller will have no obligation with respect thereto in the event than Purchaser does not apply the credit against the cost of Product purchased by it prior to such expiry dale. 10. General a. This DOCLIIlleM1 Shall 1101 be assignable in whole or ill pan by Purchaser without the prior written consent of Seller. h. Unless staled to the contrary elsewhere in this Document, DO action, regardless of form, arising out of the sale or delivery of product hereunder, may he commenced more than one year after the cause of action has accrued, except that an action tor nonpayment or for I'ailure to return containers and cylinders may be brought at any time. C. Seller's waiver of all breach, or failure to enforce any of the terns 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 specified due date shall not constitute a waiver of the Purchaser's obligation to make hn'ther payments on the specified dates. d. This Agreement shall he governed by and enforced in accordance with the Taws of the state in which [he Seller's corporate office is located without reference to its conflict of law rules. Purchaser by taking delivery of all or any item. shall he conclusively deemed to have consented to personal jurisdiction in she above- mentioned state. C. The terns and conditions herein constitute the entire agreement between Seller and Purchaser and may not be modified or amended except by it writing executed by an authorized Off tccr ol' SCllcr and no modification shall be effected by file parties' course of dealing or the acknowledgment or acceptance of purchase order forms containing terms or condi- tions in addition no or at variance with those set forth herein. f. If any provision or provisions of flits Document shall be held w he 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 Purchaser as indicated on [he face hereof, and unless otherwise indicated. Purchaser shall be responsible for the payment of all freight and transportation charges front Seller's point of loading to the delivery address specified un the face hereoL 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 authorized m distribute the products delivered hereunder pursuant to it 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 file product to third parties without the express written consent of Seller. i. In the event than Purchaser and Seller engage in anv clectunic transactions, including, but no( limited no, electronic data interchange or facsimile exchanges, such electronic exchanges shall be considered as valid and legally binding and Ahall he suhjcct to the lerms and conditions of this Agreement. VOID' -CHEF NO. WARRANT N ALLOWED 20 Brenntag Mid -South Inc IN SUM OF 3111 N. Post Road Indianapolis, IN 46226 $2,452.02 ON ACCOUNT OF APPROPRIATION FOR Carmel Street Department PO# Dept. INVOICE NO. ACCT #/TITLE AMOUNT Board Members 17570 BMS490876 43- 504.00 $1,951.40 1 hereby certify that the attached invoice(s), or 17572 BMS493340 43- 504.00 $500.62 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 Thursday, June 19, 2008 A, J Street oV imissioner 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)) 06/04/08 BMS490876 $1,951.40 06/10/08 BMS493340 $500.62 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