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HomeMy WebLinkAbout163508 09/04/2008 CITY OF CARMEL, INDIANA VENDOR: 033825 Page 1 of 1 0 ONE CIVIC SQUARE CDW GOVERNMENT INC CHECK AMOUNT: $666.58 CARMEL, INDIANA 46032 75 REMITTANCE OR o� SUITE 1515 CHECK NUMBER: 163508 CHICAGO IL 60675 -1515 CHECK DATE: 9/4/2008 DEPARTMENT ACCOUNT P O NUMB INVOICE NUMBER AMO UNT DESCRIPTION '1115 4463201 LJX0900 62.00 HARDWARE ;102 4463201 LKN2123 483.66 HARDWARE —102 4463201 LLD4667 120.92 HARDWARE i @u The Right "Pechnulog},. D ATE WoG RightA, y.� 08/12/2008 LJX0900 NET 30 Days- GovUState -Local 09/11/2008 VISIT CDWG ON THE INTERNET OUR PART NO. DESCRIPTION O QTY O R D SHIP B/O UNIT PRICE TOTAL 1282014 SAITEK ECLIPSE II KEYBOARD 1 1 0 $54.00 $54.00 Manufacture Part Number: PK02U i CH INFORMATION: THE NORTHERN TRUST ROUTING NO.: 071000152 50 SOUTH LASALLE STREET ACCOUNT NAME: CDW GOVERNMENT INC CHICAGO, IL 60675 ACCOUNT NO.: 91057 HAVE QUESTIONS ABOUT YOUR ACCOUNT? PLEASE EMAIL US AT: credit @cdw. orn ORDER DATE SHIP VIA PURCHASE ORDER NO. CUSTOMER NO. PRODUCT 08/11/2008 DROP SHIP GROUND JANETARNONE 1674420 SUBTOTAL $54.00 SALESPERSON SHIP TO: SALES ORDER NUMBER SHIPPING $8.00 BART HECKMAN CITY OFCARMEL 312 705 -9572 JANET A RNON E NW 31 1ST AVE NW LMZ9853 STARS $0.00 barthec@cdwg.com CARMEL IN 46032 1715 INVOICE AMOUNT 62.00 CDW GOVERNMENT, INC. AN ILLINOIS CORPORATION FEIN 36- 4230110 IIIIIIIIIIIIIIIIIIIIIIIIIII Mill IIIIIIIIIIIIIIIIIIIIII11I Hill Hill IIIIIIIIIIIIIIIN AMOUNT DUE $62.00 CDW Government, Inc. "CDW -G Terms and Conditions of Sale THE TERMS AND CONDITIONS ARE LIMITED TO THOSE CONTAINED HEREIN AND THE ADDITIONAL TERMS Seller will not be responsible for and no liability shall result to Seller or any of its Affiliates for any delays in AND CONDITIONS CONTAINED IN THE "TERMS AND CONDITIONS" LINK AT WWW.CDW.COM INCORPORATED delivery or in performance which result from any circumstances beyond Seller's reasonable control, including. HEREIN BY REFERENCE. ANY TERMS NOT DEFINED HEREIN ARE DEFINED AT WWW.CDW.COM. ANY but not limited to, Product unavailability, carrier delays, delays due to fire, severe weagfer conditions, failure ADDITIONAL OR DIFFERENT TERMS OR CONDITIONS IN ANY FORM DELIVERED BY YOU "CUSTOMER ARE of power, labor problems, acts of war, terrorism, embargo, acts of God or acts or laws of any government or HEREBY DEEMED TO BE MATERIAL ALTERATIONS AND NOTICE OF OBJECTION TO THEM AND REJECTION agency. Any shipping dates or completion dates provided by Seller or any purported deadlines contained in a OF THEM IS HEREBY GIVEN. Statement of Work or any other document are estimates only BY ACCEPTING DELIVERY OF THE PRODUCTS OR BY ENGAGING THE CDW AFFILIATE IDENTIFIED ON THE Pricing Information; Availability Disclaimer INVOICE, STATEMENT OF WORK OR OTHER CDW DOCUMENTATION "SELLER TO PROVIDE PRODUCT OR Seller reserves the right to make adjustments to pricing, Products and Service offerings for reasons including. PERFORM OR PROCURE ANY SERVICES, CUSTOMER AGREES TO BE BOUND BY AND ACCEPTS THESE TERMS but not limited to, changing market conditions, Product discontinuation. Product unavailability, manufacturer AND CONDITIONS UNLESS CUSTOMER AND SELLER HAVE SIGNED A SEPARATE AGREEMENT FOR THE price changes, supplier price changes and errors in advertisements. All orders are subject to Product availability PROVISION OF PRODUCT OR PERFORMANCE OF SERVICES, IN WHICH CASE THE SEPARATE AGREEMENT and the availability of Personnel to perform the Services. Therefore, Seller cannot guarantee that it will be able WILL GOVERN. to fulfill Customer's orders. It Services are being performed on a time and materials basis, any estimates provided by Seller are for planning purposes only. Important Information About These Terms and Conditions These Terms and Conditions constitute a binding contract between Customer and Seller and are referred to Limitation of Liability herein as either "Terms and Conditions' or this'Agreemeri Customer accepts these Terms and Conditions by UNDER NO CIRCUMSTANCES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY making a purchase from or placing an of with Seller or shopping on Seller's Website (the 'Site") or otherwise REMEDY SET FORTH HEREIN, WILL SELLER, ITS AFFILIATES OR ITS OR THEIR SUPPLIERS, SUBCONTRACTORS requesting products (the "Products or engaging Seller to perform or procure any Services (as this and all OR AGENTS BE LIABLE FOR: (A) ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEOUENTIAL capitalized terms are defined herein). DAMAGES INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, BUSINESS, REVENUES OR SAVINGS EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES OR IF SUCH DAMAGES ARE Customer may issue a purchase order for administrative purposes only. Additional or different terms and OTHERWISE FORESEEABLE, IN EACH CASE, WHETHER A CLAIM FOR ANY SUCH LIABILITY IS PREMISED conditions contained in any such purchase order will be null and void. This Agreement including the terms UPON BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY OF LIABILITY; contained in the "Terms and Conditions' link at www.cdw.com which Customer acknowledges and agrees are (B) ANY CLAIMS, DEMANDS OR ACTIONS AGAINST CUSTOMER BY ANY THIRD PARTY; (C) ANY LOSS OR incorporated herein by reference contains the entire understanding of the parties with respect to the matters CLAIM ARISING OUT OF OR IN CONNECTION WITH CUSTOMER'S IMPLEMENTATION OF ANY CONCLUSIONS contained herein and supersedes and replaces in its entirety any and all prior communications and contemporaneous OR RECOMMENDATIONS BY SELLER OR ITS AFFILIATES BASED ON, RESULTING FROM, ARISING OUT OF agreements and understandings, whether oral, written, electronic or implied, if any, between the parties with OR OTHERWISE RELATED TO THE PRODUCTS OR SERVICES; OR (D) ANY UNAVAILABILITY OF THE PRODUCT respect to the subject matter hereof. FOR USE OR ANY LOST, DAMAGED OR CORRUPTED DATA OR SOFTWARE. IN THE EVENT OF ANY LIABILITY INCURRED BY SELLER OR ANY OF ITS AFFILIATES, THE ENTIRE LIABILITY OF SELLER AND ITS AFFILIATES Governing Law FOR DAMAGES FROM ANY CAUSE WHATSOEVER WILL NOT EXCEED THE LESSER OF: (A) THE DOLLAR THESE TERMS AND CONDITIONS, ANY STATEMENTS OF WORK, THE SERVICES HEREUNDER AND ANY SALE AMOUNT PAID BY CUSTOMER FOR THE PRODUCT(S) GIVING RISE TO THE CLAIM OR THE SPECIFIC SERVICES OF PRODUCTS HEREUNDER WILL BE GOVERNED BY THE LAWS OF THE S'T'ATE OF ILLINOIS, wi rHOUr GIVING RISE TO THE CLAIM; OR (B) $50,000.00. REGARD TO CONFLICTS OF LAWS RULES. ANY ARBITRATION, ENFORCEMENT OF AN ARBITRATION OR LITIGATION WILL BE BROUGHT EXCLUSIVELY IN COOK COUNTY, ILLINOIS, AND CUSTOMER CONSENTS TO Confidential Information THE JURISDICTION OF THE FEDERAL AND STATE COURTS LOCATED THEREIN, SUBMITS TO THE JURISDICTION Each party anticipates that it may he necessary to provide access to infortation of a confidential nature of such THEREOF AND WAIVES THE RIGHT TO CHANGE VENUE. CUSTOMER FURTHER CONSENTS TO THE EXERCISE party, the Affiliates or a third party (hereinafter referred to as "Confidential Infonna: ion to the other party in OF PERSONAL JURISDICTION BY ANY SUCH COURT WITH RESPECT TO ANY SUCH PROCEEDING. Except in the performance of this Agreement and any Statement of Work. "Confidential Information" means any information the case of nonpayment, neither party may institute any action in any form arising out of these Terms and or data in oral, electronic or written form which the receiving party knows or has reason to know is proprietary Conditions more than one (1) year after the cause of action has arisen. The rights and remedies provided Seller or confidential and which is disclosed by a party in connection with this Agreement or which the receiving party under these Terms and Conditions are cumulative, are in addition to, and do not limit or prejudice any other right may have access to in connection with this Agreement, including but not limited to the terms and conditions or remedy available at law or in equity. of each Statement of Work. Confidential Information will not include information which: (a) becomes known to the public through no act of the receiving party; (b) was known to the receiving party, or becomes known to Title; Risk of Loss the receiving party from a third party having the tight to disclose it and having no obligation of confidentiality If Customer provides Seller with Customer's carrier account number or selects a carrier other than a carrier that to the disclosing party with respect to the applicable Information, or (c) is Independently developed by agents regularly ships for Seller, title to Products and risk of loss or damage during shipment pass from Seller to employees or subcontractors of the receiving party who have not had access to such information. To the extent Customer upon delivery to the carrier (F.O.B. Origin, freight collect). For all other shipments, title to Products practicable, Confidential Information should be clearly identified or labeled as such by the disclosing party at and risk of loss or damage during shipment pass from Seller to Customer upon delivery to the specified destination the time of disclosure or as promptly thereafter as possible, however, failure to so identify or label such as (F.O.B. Destination, freight prepaid and added). Notwithstanding the foregoing, title to software will remain with Confidential Information will not be evidence that such information is not confidential or protectable. the applicable licensor(s), and Customer's rights therein are contained in the license agreement between such Iicensor(s) and Customer. A purchase money security interest is retained in the Products to secure payment in Each party agrees to hold the other party's Confidential Information confidential for a period of three (3) years full. Customer authorizes Seller to file a financing statement reflecting such security interest and, if requested, following the date of disclosure and to do so in a manner at least as protective as it holds it's own Confidential Customer will record such purchase money security interest on its books. Information of like kind but to use no less than a reasonable degree of care. Disclosures of the other party's Confidential Information will be restricted (i) to those individuals who are participating in the performance of Payment this Agreement or the applicable Statement of Work and need to know such Confidential Information for purposes Orders are not binding upon Seller until accepted by Seller. Customer agrees to pay the total purchase price of providing or receiving the Products or Services or otherwise in connection with this Agreement of the applicable for the Products plus shipping (to the extent shipping is not prepaid by Customer), including shipping charges Statement of Work, or (ii) to its business, legal and financial advisors, each on a confidential basis. Each party that are billed to Seller as a result of using Customer's carrier account number. Terms of payment are within agrees not to use any CConfidential Information of the other party or for any purpose other than the business Seller's sole discretion. In connection with Services being performed pursuant to a Statement of Work, Customer purposes contemplated by this Agreement and the applicable Statement of Work. Upon the written request of will pay for the Services in the amounts and in accordance with any payment schedule set forth in the applicable a party, the other party will either return or certify the destruction of the Confidential Information of the other Statement of Work. If no payment schedule is provided, Customer will pay for the Services as invoiced by Seller. party. Invoices are due and payable within the time period specified on the invoice, measured from the date of invoice, subject to continuing credit approval by Seller. Seller may invoice Customer separately for partial shipments, If a receiving party is required by law, rule or regulation, or requested in any judicial or administrative proceeding and Seller may invoice Customer for all of the Services described in a Statement of Work or any portion thereof. or by any governmental or regulatory authority, to disclose Confidential Information of the other party, the Customer agrees to pay interest on all past -due sums at the lower of one and one -half percent (1.5%) per month receiving party will give the disclosing party prompt notice of such request so that the disclosing party may seek or the highest rate allowed by law. In the event of a payment default, Customer will be responsible for all of an appropriate protective order or similar protective measure and will use reasonable efforts to obtain confidential Seller's costs of collection, including, but not limited to, court costs, filing fees and attorneys' fees. In addition, treatment of the Confidential Information so disclosed. it payments are not received as described above, Seller reserves the right to suspend Services until payment is received. Return Privileges To obtain Seller's return policy, Customer should contact CDW Customer Relations at 866.SVC,4CDW or email Export Sales at CustomerRelations ®cdw.com Customer must notify CDW Customer Relations of any damaged Products If this transaction involves an export of items (including, but not limited to commodities, software or technology), within ten (10) days of receipt. FOR PRODUCTS PURCHASED FROM CDW BERBEE, CUSTOMER SHOULD subject to the Export Administration Regulations, such items were exported from the United States by Seller in CONTACT ITS BERBEE ACCOUNT MANAGER FOR SPECIFIC BERBEE RETURN POLICIES. accordance with the Export Administration Regulations. Diversion contrary to United States law is prohibited. Arbitration Warranties Any claim, dispute, or controversy (whether in contract, tort or otherwise. whether preexisting, present or future. Customer understands that Seller is not the manufacturer of the Products purchased by Customer hereunder and including, but not limited to, statutory, common law, intentional tort and equitable claims) arising from or and the only warranties offered are those of the manufacturer, not Seller or its Affiliates. In purchasing the relating to the Products, the Services, the interpretation or application of these Terms and Conditions or any o.,.n,,, r„­,.,o. ­­r c ,ifi nnly nna ie not r,h,in, nn gym, ct,tn nr, Ctntm­t of W-1, nr tha branch r— i-tinn nr vnlirlity tharanf tha rulatinnchinc which racnit frnm tl a Ter­ VOUCHER NO. WARRANT NO. ALLOWED 20 GDW Government, Inc IN SUM OF 75 Remittance Drive, Ste 1515 Chicago, IL 60675 $62.00 ON ACCOUNT OF APPROPRIATION FOR Carmel Clay Communications PO# Dept. INVOICE NO. ACCT #/TITLE AMOUNT Board Members 1115 LJX0900 44- 632.01 $62.00 1 hereby certify that the attached invoice(s), or 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 Wednesday, August 27, 2008 Director Titie Cost distribution ledger classification if claim paid motor vehicle highway fund Prescribed by State Board of Accounts City Form No. 201 (Rev. 1991' 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 I LJX0900 I I $62.00 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 na T Right Technology. INV INV ?G Rig ht Away,T�^ k VISIT CDWG ON THE INTERN 0811812008 LLD4667 NET 30 Days GovUState -Local 09117/2008 I OUR PART NO. DESCRIPTION, OTY OTY QTY UNIT PRICE TOTAL ORD SHIP 8/0 835601 PAN BATTERY FOR CF18D -F -K 12 1 7 $120.00 $120.00 Manufacture Part Number: CF- VZSU30BU CH INFORMATION: THE NORTHERN TRUST ROUTING NO.: 071000152 50 SOUTH LASALLE STREET ACCOUNT NAME: CDW GOVERNMENT INC CHICAGO, IL 60675 ACCOUNT NO.: 91057 HAVE QUESTIONS ABOUT YOUR ACCOUNT? PLEASE EMAIL US AT: credit @cdw. om ORDER DATE SHIP VIA PURCHASE ORDER NO. CUSTOMER NO. PRODUCT 06123/2008 DHL Ground 0623208- TOM -FIRE 1674420 SUBTOTAL $120.00 SALESPERSON SHIP TO: SALES ORDER NUMBER SHIPPING $0.92 BART HECKMAN CITY OF CARMEL FIRE DEPT 312 705 9572 TOM SMALL SALES 2 CARMEL CIVIC SO LCH4261 TAX $0.00 barthec@cdwg.com CARMEL IN 46032 -2584 INVOICE AMOUNT $120.92 CDW GOVERNMENT, INC. AN ILLINOIS CORPORATION FEIN 36- 4230110 lIIIIIIIIIIIIIIIIIIIlIIIlllllllllllllllllllllll{ Itlllllllllllllllllllllllllllllllllll AMOUNT DUE $120.92 ➢G�Lu] CDW Government, Inc. "CDW -Il Terms and Conditions of Safe THE TERMS AND CONDITIONS ARE LIMITED TO THOSE CONTAINED HEREIN AND THE ADDITIONAL TERMS Seller will not be responsible for and no liability shall result to Seller or any of its Affiliates for any delays in AND CONDITIONS CONTAINED IN THE "TERMS AND CONDITIONS" LINKAT WWW.CDW.CGM INCORPORATED delivery or in performance which result from any circumstances beyond Seller's reasonable control, including, HEREIN BY REFERENCE, ANY TERMS NOT DEFINED HEREIN ARE DEFINED AT WWW.CDW.COM. ANY but not limited to, Product unavailahility, carrier delays, delays due to tire, severe weather conditions, failure ADDITIONAL OR DIFFERENT TERMS OR CONDITIONS IN ANY FORM DELIVERED BY YOU "CUSTOMER ARE of power, labor problems, acts et war Terrorism, embargo, acts of God or acts or laws of any government or HEREBY DEEMED TO BE MATERIAL ALTERATIONS AND NOTICE OF OBJECTION TO THEM AND REJECTION agency. Any shipping dates or completion dates provider) by Seller or any purported deadlines contained in a OF THEM IS HEREBY GIVEN. Statement of Work or any other document are estimates only. BY ACCEPTING DELIVERY OF THE PRODUCTS OR BY ENGAGING THE COW AFFILIATE IDENTIFIED ON THE Pricing Information; Availability Disclaimer INVOICE, STATEMENT OF WORK OR OTHER COW DOCUMENTATION "SELLER TO PROVIDE PRODUCT OR Seller reserves the right to make adjustments to pricing, Products and Service offerings for reasons including. PERFORM OR PROCURE ANY SERVICES, CUSTOMER AGREES TO BE BOUND BY AND ACCEPTSTHESE TERMS but not limited to. changing market conditions, Product discontinuation, Product unavailability, manufacturer AND CONDITIONS UNLESS CUSTOMER AND SELLER HAVE SIGNED A SEPARATE AGREEMENT FOR THE price changes, supplier price changes and errors in advertisements All orders are subject to Product availability PROVISION OF PRODUCT OR PERFORMANCE OF SERVICES, IN WHICH CASE THE SEPARATE AGREEMENT and the availability of Personnel to perform the Services Therefore. Seller cannot guarantee that it will he able WILL GOVERN. to fulfill customer's orders. If Services are being performed on a time and materials basis any estimates provided by Seller are for planning purposes only Important Information About These Terms and Conditions These Terms and Conditions constitute a binding contract between Customer and Seller and are referred to Limitation of Liability herein as either "Terms and Conditions" or this "Agreement' Customer accepts these Terms and Conditions by UNDER NO CIRCUMSTANCES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY makmg.a purchase from or placing an order with Seller or shopping on Seller's Websile (the "Site or otherwise REMEDY SET FORTH HEREIN, WILL SELLER, ITS AFFILIATES OR ITS OR THEIR SUPPLIERS, SUBCONTRACTORS requesting products (the "Products or engaging Seller to perform or procure any Services (as this and all OR AGENTS BE LIABLE FOR: (A) ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL capitalized terms are defined herein). DAMAGES INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, BUSINESS, REVENUES OR SAVINGS EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES OR IF SUCH DAMAGES ARE Customer may issue a purchase order for administrative purposes only. Additional or different terms and OTHERWISE FORESEEABLE, IN EACH CASE, WHETHER A CLAIM FOR ANY SUCH LIABILITY IS PREMISED conditions contained in any such purchase order will be null and void. This Agreement including the terms UPON BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABLITY OR OTHER THEORY OF LIABILITY; contained in the 'Terms and Conditions' link at www.cdw.com which Customer acknowledges and agrees are (0) ANY CLAIMS, DEMANDS OR ACTIONS AGAINST CUSTOMER BY ANY THIRD PARTY; (C) ANY LOSS OR incorporated herein by reference contains the entire understanding of the parties with respect to the matters CLAIM ARISING OUT OF OR IN CONNECTION WITH CUSTOMER'S IMPLEMENTATION OF ANY CONCLUSIONS contained herein and supersedes and replaces in its entirety any and all prior communications and contemporaneous OR RECOMMENDATIONS BY SELLER OR ITS AFFILIATES BASED ON, RESULTING FROM, ARISING OUT OF agreements and understandings, whether Deal, written, electronic or implied, if any, between the parties with OR OTHERWISE BELATED TO THE PRODUCTS OR SERVICES; OR (D) ANY UNAVAILABILITY OF THE PRODUCT respect To the subject matter hereof. FOR USE OR ANY LOST', DAMAGED OR CORRUPTED DATA OR SOFTWARE. IN THE EVENT OF ANY LIABILITY INCURRED BY SELLER OR ANY OF ITS AFFILIATES, THE ENTIRE LIABILITY OF SELLER AND ITS AFFILIATES Governing Law FOR DAMAGES FROM ANY CAUSE WHATSOEVER WILL NOT EXCEED THE LESSER OF: (A) THE DOLLAR THESE TERMS AND CONDITIONS, ANY STATEMENTS OF WORK, THE SERVICES HEREUNDER AND ANY SALE AMOUNT PAID BY CUSTOMER FOR THE PRODUCTS) GIVING RISE TO THE CLAIM OR THE SPECIFIC SERVICES OF PRODUCTS HEREUNDER WILL BE GOVERNED BY THE LAWS OF THE STATE OF ILLINOIS, WITHOUT GIVING RISE TO THE CLAIM; OR (B) $50.000.00. REGARD TO CONFLICTS OF LAWS RULES. ANY ARBITRATION, ENFORCEMENT OF AN ARBITRATION OR LITIGATION WILL BE BROUGHT EXCLUSIVELY IN COOK COUNTY, ILLINOIS, AND CUSTOMER CONSENTS TO Confidential Information THE JURISDICTION OFTHE FEDERALAND STATE COURTS LOCATED THEREIN, SUBMITS TO THEJURISDICTION Each party anticipates that it may be necessary to provide access ID information of a confidential nature of such THEREOF AND WAIVES THE RIGHTTO CHANGE VENUE. CUSTOMER FURTHER CONSENTS TO THE EXERCISE party, the Affiliates or a third party (he(einafter referred to as 'Confidential hdgrmetlon') to the other party in OF PERSONAL JURISDICTION BY ANY SUCH COURT WITH RESPECT TO ANY SUCH PROCEEDING. Except in the performance of this Agreement and any Statement of Work_ "Confidential Information' means any information the case of nonpayment, neither party may institute any action in any form arising out of these Terms and or data in oral, elactronic or written form which the receiving party knows of has reason to know is proprietary Conditions more than one (1) yearafter the cause of action has arisen. The rights and remedies provided Seller or confidential and which is disclosed by party in connentiOD .vith this Agreement or which the receiving party mclerlhese Terms and Conditions are cumulative, are in addition to, and do not limit or prejudice any other right may have access to in connection with this Agreanrent, including but not limited to the terms and conditions or remedy available at law or in equity of each Statement of Work Confidential Information will not include Information which: )a) becomes known to the public through no act of the receiving party, (h) was known to the receiving party, or becomes known to Title; Risk of Loss the receiving party from a third party having the right to disclose it and having no obligation of confidentiality If Customer provides Seller with Customer's carrier account number or selects a carrier other than a carrier that to the disclosing party with respect to the applicable Information, ei (c) is independently developed by agenda regularly ships for Seller, title to Products and risk of loss or damage during shipment pass from Seller to employees or subcontractors of the receiving party who have not had access to such information. To the extent Customer upon delivery to the carrier (F 0,B, Origin, freight collect). For all other shipments, title to Products practicable, Confidential Information should be clearly identified or labeled as such by the disclosing party at and riskof loss ordamage during shipment pass from Sellerto Customer upon delivery to the specified destination the Nme of disclosure or as promptly thereafter as possible, however. failure to so identify or label such as IF_0_n. Destination, freight prepaid and added). Notwithstanding the foregoing, title to software will remain with Confidential Information will not be evidence that such information is not confidential or protecfable the applicable licensor(s), and Customer's rights therein are contained In the license agreement between such Ilcenscr(s) and Customer. A purchase money security Interest is retained in the Products to secure payment in Each party agrees to hold the other party's Confidential Information Confidential for a period of three (3) years full. Customer authorizes Seller to file a financing statement reflecting such security interest and, if requested, following the date of disclosure and to do se in a manner at least as protective as it holds it's own Confidential Customer will record such purchase money security interest on its books- Information of like kind but to use no less than a reasonable degree of care. Disclosures of the other party's Confidential Information will he restricted (i) to those individuals who are participating in the performance of Payment this Agreement ortho applicable Statement of Work and need to know such Confidenlial Information for purposes Orders are not binding upon Seller until accepted by Seller. Customer agrees to pay the total purchase price of providing or receiving the Products orSeivices or otherwise in connection with this Agreement of the applicable for the Products plus shipping (to the extent shipping Is not prepaid by Customer Including shipping charges Statement of Work, or (h) to its business, legal and financial advisers, each on n confldentlal basis. Each party that are billed to Seller as a result of using Customer's carrier account number. arms of payment are within agrees not to use any Confidential Informallun of the other party or for any purpose mhei than the business Seller's sole discretion. In connection with Services being performed pursuant to a Statement of Work, Customer purposes contenhpiated by this Agreement and file applicable Slafevium of Work Upon the written request of will pay for the Services In the amounts and In accordance with any payment schedule set forth in the applicable a party, the other party will either return of certify the destruction of the Confidential Information m the other Statement of Work. It no payment schedule is provided. Customer will pay for the Services as invoiced by Seller. party, Invoices are due and payable within the time period specified on the invoice, measured from the date of invoice, subject to continuing credit approval by Seller Seller may invoice Customer separately for partial shipments. J a receiving party is required by law, rule or regulation, or requested in any judicial or administrative proceeding and Seller may invoice Customer for all of the Services described in a Statement of Work or any portion thereof. or by any governmental or regulatory authority. to disclose Confidential Information of the other party, the Customer agrees to pay interest on all pasi sums at the lower of one and one half percept (1.5 per month receiving party will give the disclosing party prompt notice of such request so that the disclosing party may seek or the highest rate allowed by law. In the event of a payment default. Customer wit be responsible her all of an appropriate protective order or similar protective measure and will use reasonable efforts to obtain confidential Seller's costs of collection, including, but not limited to, court costs, (fling fees and attorneys' fees. In addition, treatment of the Confidential Information so disclosed. if payments are not received as described above, Seiler reserves the right to suspend Services until payment is received Return Privileges To obtain Seller's return policy, Customer should contact CDW Customer Relations at 856 SVCACDW or email Export Sales at GustomerRelations®cdw cum Customer must notify CUW Customer Relations of any damaged Products If this transaction involves an export of items (including, but not limited to commodities, software or technology), within ten (10) days of receipt. FOR PRODUCTS PURCHASED FROM CDW BERBEE, CUSTOMER SHOULD subject to the Export Administration Regulations. such Aeons were exported from the United Slates by Seller in CONTACT ITS BERBEE ACCOUNT MANAGER FOR SPECIFIC BERBEE RETURN POLICIES. accordance with the Export Administration Regulations. Diversion contrary to United States law is prohibited. Arbitration Warranties Any claim, dispute. or controversy (whether In contract, tort or otherwise, whether Preexisting, present mfuture, Customer understands that Seller is not the manufacturer of the Products purchased by Customer hereunder and Including, but not limited to, statutory. common law, intentional fait and equitable claims) arising from or and the only warranties offered are those of the manufacturer, Dot Seller or its Affiliates. In purchasing the relating to the Products, the Services, the interpretation or application of these Terms and Conditions or any Products, Customer is relying on the manufacturer's specifications only and is not relying on any statements Statement of Work or the breach, lermination of validity thereof, the relationships which result from these Terms a�airafinne nh 1­.. nhc nr nthor ill-tratinne rnnracnntinn the Peerh rte t hat toot, h nrn,ri by Co n ari r-ditinne nr amp etaiamP f of musk iinrinrlinn to Ihn fill nvtani, npreritt d h,r annlirahra lour raratinnehinc �TM The Right Technology. INVOICE Right Away.- 08/14/2008 LKN21,do y s- ov a e- oca VISIT CDWG ON THE INTERNET OUR PART NO. DESCRIPTION OTY OTY B/O UNIT PRICE TOTAL ORD SHIP /O 835601 PAN BATTERY FOR CF18D -F -K 12 4 8 $120.00 $480.00 Manufacture Part Number: CF- VZSU30BU CH INFORMATION: THE NORTHERN TRUST ROUTING NO.: 071000152 50 SOUTH LASALLE STREET ACCOUNT NAME: COW GOVERNMENT INC CHICAGO, IL 60675 ACCOUNT NO.: 91057 HAVE QUESTIONS ABOUT YOUR ACCOUNT? PLEASE EMAIL US T: credit @cdw.c m 06/23/2008 D H HL Ground 0623208- TOM -FIRE 1674420 PRODUCT $480.00 SUBTOTAL SALES ORDER NUMBER $3.66 BART HECKMAN CITY OF CARMEL FIRE DEPT SHIPPING 312 705 -9572 TOM SMALL 2 CARMEL CIVIC SO LCH4261 SALES $0.00 barthec@cdwg.com CARMEL IN 46032.2584 TAX INVOICE $483.66 CDW GOVERNMENT, INC. AN ILLINOIS CORPORATION FEIN 36- 4230110 AMOUNT 11111111111111111111111111111 IN AMOUNT DUE 483.66 CDW Government, Inc. "CDW•G Terms and Conditions of Sale r THE TERMS AND CONDITIONS ARE LIMITED TO THOSE CONTAINED HEREIN AND THE ADDITIONAL TERMS Seller will not be responsible for and no liability shall result to Seller or any at its Affiliates for any delays in AND CONDITIONS CONTAINED IN THE'TERMS AND CONDITIONS" LINK AT WWW.CDW.COM INCORPORATED delivery or in performance which result from any circumstances beyond Seller's reasonable control. including, HEREIN BY REFERENCE. ANY TERMS NOT DEFINED HEREIN ARE DEFINED AT WWW.CDW.COM. ANY but not limited to, Product unavailability, carrier delays, delays due to file, severe weather conditions, fadura ADDITIONAL OR DIFFERENT TERMS OR CONDITIONS IN ANY FORM DELIVERED BY YOU ("CUSTOMER") ARE of power, labor problems, acts of war, terrorism. embargo, acts of God or acts or laws of any government or HEREBY DEEMED TO BE MATERIAL ALTERATIONS AND NOTICE OF OBJECTION TO THEM AND REJECTION agency. Any shipping dates or completion dates provided by Seller or any purported deadlines contained in a OF THEM IS HEREBY GIVEN. Statement of Work or any other document are estimates only. BY ACCEPTING DELIVERY OF THE PRODUCTS OR BY ENGAGING THE COW AFFILIATE IDENTIFED ON THE Pricing Information; Availability Disclaimer INVOICE, STATEMENT OF WORK OR OTHER COW DOCUMENTATION "SELLER TO PROVIDE PRODUCT OR Seller reserves the right to make adjustments to pricing. Products and Service offerings for Ieasons including. PERFORM OR PROCURE ANY SERVICES, CUSTOMER AGREES TO BE BOUND BY AND ACCEPTS THESE TERMS but not limited lo, changing market conditions, Product discontinuation, Product unavailability. manufacturer AND CONDITIONS UNLESS CUSTOMER AND SELLER HAVE SIGNED A SEPARATE AGREEMENT FOR THE price changes, supplier price changes and errors in advertisements All orders are subject to Product availability PROVISION OF PRODUCT OR PERFORMANCE OF SERVICES, IN WHICH CASE THE SEPARATE AGREEMENT and the availability of Personnel to perlorm the Services. Therefore. Seller cannot guarantee that it will be able WILL GOVERN. to fulfill Customer s orders. It Services are being performed on a tune and materials basis. any estimates provided by Seller are for planning purposes only. Important Information About These Terms and Conditions These Terms and Conditions constitute a binding contract between Customer and Seller and are referred to Limitation of Liability herein as either *Terms and Conditions' or this 'Agreement'. Customer accepts these Terms and Conditions by UNDER NO CIRCUMSTANCES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY making a purchase from or placing an order with Seller or shopping on Seller's Website (the "Site') or otherwise REMEDY SET FORTH HEREIN, WILL SELLER, ITS AFFILIATES OR ITS OR THEIR SUPPLIERS, SUBCONTRACTORS requesting products (the "Products or engaging Seller to perform or procure any Services (as this and all OR AGENTS BE LIABLE FOR: (A) ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL capitalized terms are defined herein). DAMAGES INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, BUSINESS, REVENUES OR SAVINGS EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES OR IF SUCH DAMAGES ARE Customer may issue a purchase order for administrative purposes only. Additional or different terms and OTHERWISE FORESEEABLE, IN EACH CASE, WHETHER A CLAIM FOR ANY SUCH LIABILITY IS PREMISED conditions contained In any such purchase order will be null and void. This Agreement including the terms UPON BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY OF LIABILITY: contained in the "Terms and Conditions' link at www.cdw.com which Customer acknowledges and agrees are (B) ANY CLAIMS, DEMANDS OR ACTIONS AGAINST CUSTOMER BY ANY THIRD PARTY; (C) ANY LOSS OR incorporated herein by reference contains the entire understanding of the parties with respect to the matters CLAIM ARISING OUT OF OR IN CONNECTION WITH CUSTOMER'S IMPLEMENTATION OF ANY CONCLUSIONS contained herein and supersedes and replaces in its entirety any and all prior communications and contemporaneous OR RECOMMENDATIONS BY SELLER OR ITS AFFILIATES BASED ON, RESULTING FROM, ARISING OUT OF agreements and understandings, whether oral, written. electronic or implied, it any, between the parties with OR OTHERWISE RELATED TO THE PRODUCTS OR SERVICES; OR (0) ANY UNAVAILABILITY OF THE PRODUCT respect to the subject matter hereof. FOR USE OR ANY LOST, DAMAGED OR CORRUPTED DATA OR SOFTWARE. IN THE EVENT OF ANY LIABILITY INCURRED BY SELLER OR ANY OF ITS AFFILIATES, THE ENTIRE LIABILITY OF SELLER AND ITS AFFILIATES Governing Law FOR DAMAGES FROM ANY CAUSE WHATSOEVER WILL NOT EXCEED THE LESSER OF: (A) THE DOLLAR THESE TERMS AND CONDITIONS, ANY STATEMENTS OF WORK, THE SERVICES HEREUNDER AND ANY SALE AMOUNT PAID BY CUSTOMER FOR THE PRODUCT(S) GIVING RISE TO THE CLAIM OR THE SPECIFIC SERVICES OF PRODUCTS HEREUNDER WILL BE GOVERNED BY THE LAWS OF THE STATE OF ILLINOIS, WITHOUT GIVING RISE TO THE CLAIM; OR (B) $50,000.00. REGARD TO CONFLICTS OF LAWS RULES. ANY ARBITRATION, ENFORCEMENT OF AN ARBITRATION OR LITIGATION WILL BE BROUGHT EXCLUSIVELY IN COOK COUNTY, ILLINOIS, AND CUSTOMER CONSENTS TO Confidential Information THE JURISDICTION OF THE FEDERAL AND STATE COURTS LOCATED THEREIN, SUBMITS TO THE JURISDICTION Each party anticipates that it may be necessary to provide access to information of a confidential nature of such THEREOF AND WAIVES THE RIGHT TO CHANGE VENUE. CUSTOMER FURTHER CONSENTS TO THE EXERCISE party, the Affiliates or a third party (hereinafter referred to as "Confidential Information to the other party in OF PERSONAL JURISDICTION BY ANY SUCH COURT WITH RESPECT TO ANY SUCH PROCEEDING. Except in the performance of this Agreement and any Statement of Work. 'Confidential Information' means any information the case of nonpayment, neither party may institute any action in any form arising out of these Terms and or data in oral, electronic or written form which the receiving party knows or has reason to know is proprietary Conditions more than one (1) year after the cause of action has arisen. The rights and remedies provided Seller or confidential and which is disclosed by a party in connection with this Agreement or which the receiving party under these Terms and Conditions are cumulative, are in addition to, and do not limit or prejudice any other right may have access to in connection with this Agreement, including but not limited to the terms and conditions or remedy available at law or in equity. of each Statement of Work. Confidential Information will not include information which. (a) becomes known to the public through no act of the receiving party; (b) was known to the receiving party or becomes known to Title; Risk of Loss the receiving party from a third party having the right to disclose it and having 110 obtigafion of confidentiality If Customer provides Seller with Customer's carrier account number or selects a carrier other than a carrier that to the disclosing party with respect to the applicable information: or (r.) is independently developed by agents regularly ships for Seller, title to Products and risk of loss or damage during shipment pass from Seller to employees or subcontractors of the receiving party who have net had access to such Information. To the extent Customer upon delivery to the carrier (F.O.B. Origin, freight collect). For all other shipments, title to Products practicable, Confidential Information should be clearly identified or labeled is such by the disclosing party at and risk of loss or damage during shipment pass from Seller to Customer upon delivery to the specified destination the time of disclosure or as promptly thereafter as possible, however, failure to so idencty or label such as (F.O.B. Destination, height prepaid and added). Notwithstanding the foregoing, title to software will remain with Confidential Information will not be evidence that such information is not confidential or protectable. the applicable licensor(s), and Customer's rights therein are contained in the license agreement between such licensor(s) and Customer. A purchase money security interest is retained in the Products to secure payment in Each party agrees to hold the other party's Confidential Information confidential lot a period of three (3) years full. Customer authorizes Seller to file a financing statement reflecting such security interest and, if requested, following the date of disclosure and to do so in a manner at least as protective as it holds irs own Confidential Customer will record such purchase money security interest on its books. Information of like kind but to use no less than a reasonable degree of care. Disclosures of the other party's Confidential Information will be restricted (i) to those individuals who are participating In the performance of Payment this Agreement or the applicable Statement of Work and need to know such Confidential Information lot purposes Orders are not binding upon Seller until accepted by Seller. Customer agrees to pay the total purchase price of providing or receiving the Products or Services or otherwise in connection earth this Agreement of the applicable for the Products plus shipping (to the extent shipping is not prepaid by Customer). Including shipping charges Statement of Work, or (ii) to its business, legal and Incmcial advisors. each nnfial on a conlid haws Fach party that are billed to Seller as a result of using Customer's carrier account number. Terms of payment are within agrees not to use any Confidential Information of the other party or lot any purpose other than the business Seller's sole discretion. In connection with Services being performed pursuant to a Statement of Work. Customer purposes contemplated by this Agreement and the applicable Statement of Ww k. Upon the written request of will pay for the Services in the amounts and in accordance with any payment schedule set forth in the applicable a party, the other party will either return or certify the destruction of the Confidential Information of the other Statement of Work. If no payment schedule is provided, Customer will pay for the Services as invoiced by Seller. party. Invoices are due and payable within the time period specified on the invoice, measured from the date of invoice, subject to continuing credit approval by Seller. Seller may invoice Customer separately for partial shipments, If a receiving party is required by law, rule or regulation, or requested in any judicial or administrative proceeding and Seller may invoice Customer for all of the Services described in a Statement of Work or any portion thereof. or by any governmental or regulatory authority, to disclose Confidential Information of the other party. the Customer agrees to pay interest on all past -due sums at the lower of one and one -half percent (1.5 per month receiving party will give the disclosing party prompt notice of such request so that the disclosing party may seek or the highest rate allowed by law. In the event of a payment default, Customer will be responsible for all of an appropriate protective order or similar protective measure and will use reasonable efforts to obtain confidential Seller's costs of collection, including, but not limited to, court costs, filing fees and attorneys' fees. In addition, treatment of the Confidential Information so disclosed. if payments are not received as described above, Seller reserves the right to suspend Services until payment is received. Return Privileges To obtain Seller's return policy, Customer should contact COW Customer Relations at 866- SVCACDW or email Export Sales at CustomerRelations @cdw.com Customer must notify COW Customer Relations of any damaged Products If this transaction involves an export of items (including, but not limited to commodities, software or technology), within ten (10) days of receipt. FOR PRODUCTS PURCHASED FROM COW BERBEE., CUSTOMER SHOULD subject to the Export Administration Regulations, such items were exported from the United States by Seller in CONTACT ITS BERBEE ACCOUNT MANAGER FOR SPECIFIC BERBEE RETURN POLICIES. accordance with the Export Administration Regulations. Diversion contrary to United States law is prohibited. Arbitration Warranties Any claim, dispute, or controversy (whether in contract, tort or otherwise, whether preexisting, present or future, Customer understands that Seller is not the manufacturer of the Products purchased by Customer hereunder and including, but not limited to, statutory. common law, intentional tort and equitable claims) arising from or and the only warranties offered are those of the manufacturer, not Seller or its Affiliates. In purchasing the relating to the Products, the Services, the interpretation or application of these Terms and Conditions or any n__­_•_ 1 .._1 ........:1:....1:..... I......a ,...1 ...I.,I............,, .1..1.,.".x. Cr­...­ ..1­. I..,...1` I —i„ fli nr., l;; Ihn ,nr­nneh ,.,I ­­11 1— five. T.. VOUCHER NO. WARRAN N O. ALLOWED 20 CDW -G IN SUM OF 75 Remittance Drive Chicago, IL 60675 $604.58 ON ACCOUNT OF APPROPRIATION FOR Carmel Fire Department PO# Dept. INVOICE NO, ACCT #!TITLE AMOUNT Board Members 1120 LLD4667 102- 632.01 $120.92 1 hereby certify that the attached invoice(s), or 1120 LKN2123 102 632.01 $483.66 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 C NJG 2924 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)) LLD4667 Batteries for Siren Computers $120.92 LKN2123 Batteries for Siren Computers $483.66 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