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159802 05/28/2008 CITY OF CARMEL, INDIANA VENDOR: 033825 Page 1 of 1 0 ONE CIVIC SQUARE CDW GOVERNMENT INC CHECK AMOUNT: $2,513.00 CARMEL, INDIANA 46032 75 REMITTANCE DR SUITE 1515 CHECK NUMBER: 159802 CHICAGO IL 60675 -1515 CHECK DATE: 5/28/2008 DEPARTMENT ACCOUNT PO NUMBER INVOICE NU MBER AMOUNT DESCRIPTION 102 4463201 KDH4935 506.00 HARDWARE 102 4463201 KDV5465 502.11 HARDWARE 102 4463201 KFN5944 1,742.00 HARDWARE 102 4463201 KFR4809 485.00 HARDWARE 102 4463201 KHR9647 265.00 HARDWARE 102 4463201 KJN1387 -17.11 HARDWARE I i lu Thc. Right'Technology. INVOICE DATE INVOICE NUMBER Right Away Tn' VISIT COWG ON THE INTERNET www.cdwg.COM 04/24/2008 KFR4809 NET 30- VERBAL GOVT 0512412008 7$-485.00 QTY 'iOTY QTY OUR PART'NO. DESCRIPTION UNIT PRICE ORD -SHIP BID 951784 HP LJ 3055 19PPM 8.5X15 1 -1 0 $485.00 Manufacture Part Number: 065030ABA Serial Number: SCNRK277442 Dear Valued Customer,` z We encourage you to'utlllze'th�s credifinemo =on your nextCo[ der, from CDVV. Failure to utilize this credit memo within 1 year`6om date of issuance will result in the forfeiture of the credit memo. THANK YOU HAVE QUESTIONS ABOUT YOUR ACCOUNT? PLEASE EMAIL US AT: credit@cdw.com ORDER DATE SHIP VIA PURCHASE ORDER NO. CUSTOMER NO. PRODUCT 667 598 SUBTOTAL SALESPERSON SHIP TO: ORIGINAL INVOICE NO. SHIPPING $0.00 BART H ECKMAN CITY OF CARMEL FIRE DEPT 312 -705 -9572 GARY CARTER SALES 2 CARMEL CIVIC SQ KDH4935 TAX $0.00 barthec@cdwg.com CARMEL IN 46032 INVOICE AMOUNT 4$5.00 CDW GOVERNMENT, INC. AN ILLINOIS CORPORATION FEIN 36- 4230110 111111111 INII11111111111111 HE 111111111111111111111111 1111 HIM 11111111111111IIII 485.00 CDW Government, Inc. "CDW -li Terms and Conditions of Sale Hip. xeN, —x— 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 rerun From any circumstances beyond Seller's reasonable control, iiicludiriq, HEREIN BY REFERENCE. ANY TERMS NOT DEFINED HEREIN ARE DEFINED AT WWW.CDW.COM. ANY but riot limited to, Product unavailability, carrier delays, delays due to fire. severe weather 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 comalned 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 IDENTIFED 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 in 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 clanging market conditions, Product diseonlinuation.. Product unavailabillty. 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 antl 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 lot planning purposes only. Important Information About These Terms and Conditions These Terms and Conditions consulate a binding contract ba'veen Customer and Seller and are Feuer red to Limitation at Liability herein as either "Txrms and Conditions" cr Ihis "Agreement" Customer accepts these Terms and Conditions by UNDER NO CIRCUMSTANCES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY rnakirlg a purchase from or placing an rafter wilh Seller or shopping on Seller's Website (me 'Site or otherwise REMEDY SET FORTH HEREIN, WILL SELLER, ITS AFFILIATES OR ITS OR THEIR SUPPLIERS, SUBCONTRACTORS requesting prgducis (the "PI'OCXAS 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 apilalized terms are rlef ned 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 plit Fase order ler adman oahve pinposes 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 tie unit 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 ConUificul link at vrivi cdva.com t ^.itch Customer acknowledges and agrees are (8) ANY CLAIMS, DEMANDS OR ACTIONS AGAINST CUSTOMER BY ANY THIRD PARTY; (C) ANY LOSS OR ncumorateti herein b raference 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 ands[ persedes and replaces in itsentirety any and all prior egntmu 110111g113 and contemporaneous OR RECOMMENDATIONS BY SELLER OR ITS AFFILIATES BASED ON, RESULTING FROM, ARISING OUT OF agicemwts and understandings. whether oral, written, electronic or implied, if any. between the parties with OR OTHERWISE RELATED TO THE PRODUCTS on SERVICES: OR (0) ANY UNAVAILABILITY OF THE PRODUCT respect to the subject maker 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'W'ORK. THE SERVICES HEREUNDER AND ANY SALE AMOUNT PAID BY CUSTOMER FOR THE PRODUCT(S) GIVING RISETO THE CLAIM OR THE SPECIFIC SERVICES OF PPODU(�TS HEREUNDER INITI BE GOVERNFD RY THE LAWS OF THE STATE OF ILLINOIS. WITHOUT GIVING RISE TO THE CLAIM: OR (B) $50,000.00. REGARD IC CONFLICTS OF I AN15 RULES ANY ARBITRATION. ENFORCEME11F OF AN ARBITRATION OR LITIGATION I4r1LL BE BROUGHT FXCLUSIVELY IN COOK COU!JTY, 1LINOIS, AND CUSTOMER CONSENTS TO Confidential Information 11{EJURISDICTION ?FINE FEDERALAND STATE COU'RT'S LOCATED THEREIN. SUBMITS TO THEJURISDICHON Each party anticipates chat. it may be necessary to provido access to information of a canTilontial nature of such 1HEPFOF %JJD WArVES THE RU H1 10 CHANGE VENUE- CUSTOMER FURTHER CONSENTS TO Till EXERCISE party, the Alfiliales or a third party (hereinafter referred to as `Confidential Irdormabon') to the other party in OF PERSONALJURISDICi CN BY ANY SUCH CCURT WITH RESPECT TO ANY SUCH PROCEEDING. Except in fire performance of this Agreement and any Statement Of Work. "Confidential Information mannsany information Inc Case at ndnpaySlenl, r'ielther party may institute any action in any form arising out of these Terms and or data in oral, electronic orviai ten term Which the receiving party knows or has reason to know i5 proprietary Condr ults more than one (f 1 year after the cause of acliun 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 parr; under these renns and Conditions are cur,wlative, arc ht addition to. and do not Tmiitor prejudice any other 119111 may have access to in connection with this Agreement Including but not limited to the terms and conditions or remedv available atlaW or in equity. of each Statement of Work. Confidential information will not include infomiailon which (a} becomes kirowii io the public through no act of the receiving I (h) was known to the receiving party, or becomes known to Title; Risk of Loss the receiving party from a trhd party having the right to disclose it and having no obligation of cpnfldentiality It Customer provides Seller with Customer's carrier account number or selects a canner otherthan a carrier that fO the disclosing party with respect to the applicable inlormalion: or (c) is Independently ewmFirred by agents egularly ships for Seller. title to Products and risk of lass or daiiaye durnn shipment pass from Seller to employees or subcontractors of the retching party who have not had access to such informatirn. To the extent Customer upon delivcry to the carrier (F 0 B_ Diigln, freight col!,ti0 For all other shipments, title to Products practicable. Conlidential Information should be clearly identilled or labeled as such by the disclosing party at and risk of loss ordarnage during shipment pass from Seherto Customer upon delivery to the specified destination the tine of disclosure or as promptly thereafter as passible, howevei, failure tc so idenuiy or label such as IF_0B. Destination. Ireight prepaid and added) Notviii istanding the loregoing, title to software will remain vrith Confidential Information will not be evidence that such information is riot confidential or pnitectal the applicable Ilcensoi(s) antl Customer's rights Iherein are contained in the license agreement between such licensors) and Cnslomer. A purchase money security interest is retained in the Products to secure payment in Each party agrees to hold the Omer party's Confidential Information confidential for a period of three (3) years Full- Customer authorizes Seller to file it financing statemer,l 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 securty interest on its books. Information of like kind but to use no less than a reasonable degree of cafe. Discfoswes of the other panty's Confidential Information will be restricted (it to those individuals who are participating in the performance of Payment this Agreement or the applicable Statement of Wprk and need to knew such Canfitlentiat Information for emooses Orders are not binding upon Seller until accepted by Sealer. Customer agrees to pay the total purchase price of providing or receiving the Products or Services orotherwise in connection with this Agreemerr i the applicable for the Products plus shipping (to fire extent shipping is riot prepaid by Customer), including shipping charges Statement of Work, or n1 to its business, legal and financial advisors. each on a confidential basis. Each party that are billed to Seller ss a result of using Customers carrier account number rerms of payment are wilhuh agrees not tp use any confidential Information of the other party or for any purpose other than the business Seller's sole discretion_ In connection muii Services being pcdormed pursuant to a Statement of Work. Cusfomar purposes contemplated by this Agreement and the applicable Statement of Work_ Upon the Written regeast of will pay for the Services in the amounts and in accordance with any payment Schedule set torch in the applicable a par €y, the other party will either return Or certtly the destruction M the, Confidential Iriurmadom of the other Statement of Work_ If no payment echedule is provided. Customer will pay for L'te Services as involced by Seller. party. 1c t u r dnr m 1 r,1•dah!r, Inc tore perod epr tr red or the invoice, ineasuied hem the date Of Invoice, s hlec, to coat trioip cmdit u, rc of riv seller. Sr.rlet gay in Customer scparalefy for partial shipments, It a receiving party Is required by law, rule or regulation. or requested Fri any judicial or adminish rove proce"'ding and Seller may invo'me Custornrrfoi ail al the Services described in a Statement of Work or any portion thereat or by any governmental or regulatory authority. to disclose Confidential Information of the other din I the Customer agrees to pay interest Oil all pasl-dae Burns at the lower ci ene and one -hall percent (1,5R per rnonth receiving party wil€ give the disclosing party prompt notice of such request so that The disclosing party may seek or the highest rata allowed by law. In the event of a payment default, Customer will be responsible for all of an appioprlate protective order or similar protective measure and will use reasonable efforts to obtain confidential Seller's costs of collecl'mrt, including, but not limited lo, court casts. filing fees and attorneys fees. In addition. treatment Of the Confidential IFdOlcl so disclosed_ if pa•, 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 Cusigmer Relations at 886 SVC.4CDW or email Export Sales at Customer Relati ons9cdw.c6nh Customer must notify CDW Customer Relations of any damaged PIDOLICIS h this transaction involves an export of items (includinu, but not limited to commodities, software or technology), within ten (101 days of receipt FOR PRODUCTS PURCHASED FROM CDW BERKE, CUSTOMER SHOULD subject to tie Export Adminfsirstion Regulations. sucfi items were exported from fire United States by Seller in CONTACT ITS BERBEE ACCOUNT MANAGER FOR SPECIFIC BERRE.F RETURN POLICIES. accordance with firs ExparLAdminis atinn Reodlatipns. Diversion contraryto United Slateslaw Is prohibited. Arbitration Warranties Any claim, dispute, or controversy (whether In contract. tort or ott ire, whether preexisting, presenter future, Customer understands that Seller is not the mauniagiurgr of the Products purchased by Customer hereunder and including, but not limited tu, stalutm'y, commas taw, intentional fair and equitable claims arising trem or and the only v arrantips offered are Those of line manufacturer, nol Seller or its Affiliates. In purchasing the relating to the Products, the Services. the interpretation or application of these Teens and Conditions cur airy hereof ty ents, Stteme o Work the breach, validity t fire relationships which result these Terms relaonshs wh from h Products Customer €s relying an the .1 inn rturer5 suevdreatians duly and is oat relying on any staiem a a nt f ork o ^.ch ter_. ination o va .R r ^A ^A The RightT- hnology. 0 a L I I I jTj 1 0 1 Right Away.'- 05!08/2008 KJN1387 NET 30 Days-Govt/State-Local 06/07/2008 VISIT COWG ON THE INTERNET www.cdwg.com OUR PART NO. DESCRIPTION QTY: QTY QTY UNIT PRICE TOTAL. ORD SHIP B10 270240 CDU FREIGHT ADJUSTMENT 1 -1 0 $17.11 17.11 Manufacture Part Number: FRTADJ E Dear Valued Customer We encourage you to.utilize -this credit memo on your next order I I i from CDW:I Failure to utilize this credIYmemo= vvithin` 1 year- rom date of issuance will result in the forfeiture of the credit memo. THANK YOU HAVE QUESTIONS ABOUT YOUR ACCOUNT? PLEASE EMAIL US T: Credit@cdvv.cDrn ORDER DATE SHIP VIA PURCHASE ORDER NO. CUSTOMER NO, PRODUCT $_17.11 04/22/2006 UPS Ground GARY CARTER 6676598 SUBTOTAL SALESPERSON SHIP TO ORIGINAL INVOICE NO. SHIPPING $0.00 BART HECKMAN CITY OF CARMEL FIRE DEPT 312 -705 -9572 GARY CARTER SALES 2 CARMEL CIVIC SQ KDV5465 TAX $0.00 barthec @cdwg.com CARMEL IN 46032 INVOICE -1711 AMOUNT CDW GOVERNMENT, INC. AN ILLINOIS CORPORATION FEIN 36- 4230110 Illlllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll 11111 -17.11 At CDW Government, Inc. ("CDW-G") Terms and Conditions of Sale 1. R19Ar Tee a..�,..M THE TERMS AND CONDITIONS ARE LIMITED TO THOSE CONTAINED HEREIN AND THE ADDITIONAL TERMS Seller will riot be responsible for and no liability shall result to.Seller or any of its Affiliates for any delays III AND CONDITIONS CONTAINED IN THE "TERMS AND CONDITIONS" LINK AT WWW.CDW.COM INCORPORATED delivery or in performance which result from any circumstances bevond 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 €ire, severe weather 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 at 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, olatement 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 BOUNOBY AMU ACCEPTS THESE TERMS but riot 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 vviii be able WILL GOVERN. to fulfill Custamer's orders. It Services aro- being perlonned or a tirne and materials basis, any eshmates 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 ho *n 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 regrreslinq 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 or der for administrative purposes only. Additional or different teems and OTHERWISE FORESEEABLE, IN EACH CASE, WHETHER A CLAIM FOR ANY SUCH LIABILITY IS PREMISED conditions contained in acv 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; certained In the "Terms and Conditions Ink at www.cdw.cofn which Customer acknowledges and agrees are (B) ANY CLAIMS. DEMANDS OR ACTIONS AGAINST CUSTOMER BY ANY THIRD PARTY; (C) ANY LOSS OR incarpnialed herein by referenuo contains She entire understanding of the pailies with respect to the matters CLAIM ARISING OUT OF OR IN CONNECTION WITH CUSTOMER'S IMPLEMENTATION OF ANY CONCLUSIONS centalned 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 agreetoients and understandings, whether oral, whiten, electronic or implied, it any, behveen 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 Gnveming Law FOR DAMAGES FROM ANY CAUSE WHATSOEVER WILL NOT EXCEED THE LESSER OF'. (A) THE DOLLAR THESE TLFiAS 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 oR_DUi2lS HEREUNDER WILL BE G0VFRNELI BY THE LAWS OF THE STATE OF ILLINOIS. WITHOUT GIVING RISE TO THE CLAIM; OR (B) $51 ?i; CCNFLISTS CF LALVS RULES ANY ARBITRATION. ENFORCEMENT OF AN ARBITRATION OR L T h;a r i01 V111 L 3: HRUHGHT EX(,LUSIVFI Y Ira COOK CI)UNTY. ILLINOIS, AND CUSTOMER CONSENTS TO Confidential Inlormation iIIEJUnttSDIOfION OF IHE FEOERAI. AND STATE COURTS LOCATED THEREIN, SUBMITS TO THE JURISOICTION Each party anticipates that it may be necessary to provide araess to intounahon of a eonlidnntlal nature of such THLReUr AND V- VAIV'ES THE RIGHT TO CHANGE VENUE. CUSTOMER FURTHER CONSENTS TO THE EXERCISE party, the Affiliate& or a third party (hereinafter referred to as "Confidential Information") to the rifler party in OF PERSONAL JURISUICTiON BY ANY SUCH COURT WITH RESPECT TO ANY SUCH PROCEEDING. Except in the performance of this Agreement and any Statement of Work ConfidentiaE Inlonnufion" means any infonurafien the case of nonpai neither party may institute any action in any form arising put of these Terms and or data in oral, alecbonic of written form which the receiving party knows or has reason to know is proprietary Cornfifions more train one (1) year offer 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 inner these Terms and Condltions are cumulative, are inadrition to, and do not limit or prejudice any other right may have access to in connection with this Agreement, including hill not tripled to the terms and conditions or remedy availah vz leat laar 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 a1 Loss the receiving party from a third party having the right to disclose it and having no obligation (if confidentiality If Customer provides Segei with Customer's Carrier account number or selects a carrier other than a carrier that to ffte disclosing party with respect to the applicable I111fi0lb ton; or (c) is independently de4'e,loped by agents renUlariy ships for Seller title to PfGfri and risk of loss or damage during shipment pass train 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 ranter 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 vskof loss ur damage during shipment pans from SOW to Custerri spon delivery to the specified destination the time Of disclosure or as promptly thereafter as possible, however, failure to so identify or Zabel such as (F,O B. Destination, relght prepaid and added) Notwithstanding the foregoing, title to software will remain with Confidential Information col €I not be evidence that such information Is net confidential err protectahle. the applicable licensor(sj, and Customer's fights therein are contained in the license agreement between such huensor(s) and Customer A purchase money serenity 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 I Customer authorizes Sellerto 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 its own Confidential Customer will record such purchase money security interest on its books. Information of like kind but 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 line performance of Payment this Agreement or the applicable Statement of Work and need to know such Confidential Information tot purposes Orders are not binding upon Seiler unit aeeepted 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 (m the extent shipping is riot prepaid by Customer), Including shipping charges Statement of Work, or (u) to its business, legal and financial advisors, each on a confidential basis. Each party that are hilted to Seller as a resulf of using Custari carrier account number_ Terms of payment at- wit agrees nmto use any Confidential Information of the other party or for any purpose other than the business Seller's sm'e 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 01 Will pay for tire Services in the amounts and to accordance with any payment schedule set forth in the applicable a party, the other party will either return or certify the destruction of the Goiindential oil catlan of the other Shremerri of Work If no payment schedule is provided, Customer will pay lot the Services as Invoiced by Seiler party. io�-O s al dire e)r payable the Time period specified on the invoice, measured from the date of invoice, on,e t t;) coal nut ry credit approvar Ly Seller Seller may invoice Customer separately for partial shipments, If a receiving party is required by law. rule or regulation, of requested in any judicial or adrninisirative proceeding and Seller relay invoice Customer for all et 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 10 pay nuorest on all past -due sums at the lower of one and one -half percent (15 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. Cusiorner will be responsible for all of an appropriate protective order or similar protective measure and will use reasonable efforts to obtain conlidentiai 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 descrjhed above, Seller reserves the right to suspend Services until payment is recurved. Return Privileges To obtain Seller's return policy, Customer should contact COW Customer Relations at 866.SVC.4CDW or email Export Sales at a tonterR elation Ccdw corn Cu5lo111e1' must rotlfyy CDW Customer Helations of any damaged Products It this transaction involves an export of items (including, but not Ilmdedto commodities. software or technology), within Eon (10) days of receipt. FOR PRODUCTS PURCHASED FROM COW UERBEE CUSTOMER SHOULD subiectlotheExport, AdministrationRegul ations, suchremsrwereexportedfromtileUnitedStatesbySellerin CONTACT ITS BERBEE ACCOUNT MANAGER FOR SPECIFIC BERDEE RETURN POLICIES accordance with the Export Administration Regulations. Diversion contrary to United States law Is prohibited. Arbitration Warranties Any claim, dispute, or controversy (wh rfher'I In contract, tart or othenmrise, whether preexisting, present or future, Customer understands that Seller is not the manufacturer of the Products purchased by Customer hereunder and including, but not tripled 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 porchasing [be relating to the Products, the Services, the interpretation or application of these Terms and Conditions or any Products. Customer is relying air the manufacturer's specifications only and is not relying on any slatements, Statement of Work or tine breach, termination or validity thereof, the relationships which resufthom these Perms ni ['he Right Technology. INVOICE G H 'g h A wns 05/05/2008 KHR9647 NET 30- VERBAL GOVT 06/04/2008 VISIT CDWG ON THE INTERNET OUR PART NO. DESCRIPTION CITY OTY CITY UNIT PRICE TOTAL ORD SHIP B/O 955628 HP 802.11G PRINTER CARD 4 4 0 $65.00 $260.00 Manufacture Part Number: CB001At1A2L ACH INFORMATION: THE NORTHERN TRUST ROUTING NO.: 071000152 50 SOUTH LASALLE STREET ACCOUNT NAME: CDW GOVERNMENT IN CHICAGO, IL 60675 ACCOUNT NO.: 91057 HAVE.QUESTIONS ABOUT YOUR ACCOUNT? PLEASE EMAIL US AT: credit @cdw com ORDER DATE SHIP VIA PURCHASE ORDER NO. PRODUCT $260.00 04128/2008 DHL Ground GC04282008 6676598 SUBTOTAL SALESPERSON SHIP TO: SALES ORDER NUMBER $5.00 BART HECKMAN CITY OF CARMEL FIRE DEPT SHIPPING 312- 705 -9572 GARY CARTER KPB2406 STARS $0.00 2 CARMEL CIVIC SO barthec@cdwg.com CARMEL IN 46032 INVOICE $265.00 CDW GOVERNMENT, INC. AN ILLINOIS CORPORATION FEIN 36- 4230110 AMOUNT 111111111NIN11111111111111111111llalMllIN11111111111111lnlli11111 AMOUNT DU $265.00 CDW Government, Inc. "CDW -Il Terms and Conditions of Sale THE TERMS AND CONDITIONS ARE LIMITED TO THOSE CONTAINED HEREIN AND THE ADDITIONAL TERMS Seller will not he 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.COW.COM INCORPORATED delivery at 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 lire, severe weather 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 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 ofterings 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, rmanufactLire! 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 Custorer'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 "A reemerd'. Customer accepts these Terms and Conditions by UNDER NO CIRCUMSTANCES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY making a purchase from of 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 fine "Products or engaging Seller to perfort 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 mcorporaled herein by reference contains the entire understanding of the parties with respect to the matters CLAIM ARISING OUT OF OR IN CCINNECTION WITH CUSTOMER'S IMPLEMENTATION OF ANY CONCLUSIONS contained herein and supersedes and ieplaces 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, v:helher 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 tire 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 TII(SC 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 Cr ERODUCI S HERLUNl)L IVILL BE GOVERNED BY THE LAWS OF THE STATE OF ILLINOIS, WITHOUT GIVING RISE TO THE CLAIM; OR (B) 550,000.00. REGARD TO CONFLICTS Of LAWS RULES ANY ARBITRATION, ENFORCEMENT OF AN ARBITRATION OR UTICA 61: BROUGHT EXCLUSIVELY IN COOK COUNTY, ILLINOIS, AND CUSTOMER CONSENTS TO Confidential information THE JURISDICTION OF THE FEDERAL AND STATE COURTS LOCATED THEREIN, SUBMITS 1'0 THE JURISDICTION Each party anticipates that it may be necessary to provide access to information of a confidential nature of Stich 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 infomtation the case of nonpayment. neither party may institute any action in any form arising out of these Penns and or data in oral, electronic or written fern which the receiving party knows or has reason to know is proprielar," Conditions more than one IT l 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 feints 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 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 identilied 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 Identity 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 nat confidential or protectable. Inc 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 for a period of three (3) years hdL Customer authorizes Seller to file a financing statement reflecting such security interest and, it requested, following the dale 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 fur 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 slipping (to the extent shipping is not prepaid by Customer), including shipping charges Statement of Work, or (li) 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 ether party or for any purpose other than the business Sellers sole discretion. In connection with Services being performed pursuant to a Statement of Work, Customer purposes contemplated by this Agreement and the applicable Staternenf of Work. Upon the written request of wit! pay for the Services in the amounts and in accordance with any payment schedule set faith in the applicable a party, the other party will either return or certify the destruction of the Confidential Infonnalion of the other Statement of Work If no payment schedule is provided, Customer will pay for the Services as invoiced by Seller. par_v. Ir: n +c r. ale due and payable c:ithin the time period specified on the invoice, measured from the date of Invoice, suhlect to cuntuming credit approval by Stiller. Seller stay invoice Customer separately lot partial shipments, It a receiving party is required by paw, rule or regulation, or requested in anv judicial or administrative proceeding and Seller may invoice Cuslnmer for all of the Services described in a Statement of Work or any portion thereol. 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 file highest rate allowed by paw. In the event of a payment default, Customer will be responsible lot all of art 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, it 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.SVC.4CDW or email Export Sales at CustomerRelations4cdw.eom Customer roust notify CDW Customer Relations of any damaged Products It 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 [lie 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 paw 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. ht purchasing the totaling to the Products, the Services, the interpretation or application of these Terms and Conditions or any o,..d,,,.1, r' i� i,,i— the -i ioati— nnhr and is nor raleinn on anv statements. Statement of Work or the breach. termination or validity thereof, the relationships which result from these Terms the Right Technology D ATE W� R 04/24/2008 KFN5944 NET 30 Days- GovVState -Local 05/24/2008 VISIT CDWG ON THE INTERNET OUR PART NO. DESCRIPTION QTY QTY OTY UNIT PRICE TOTAL ORD SHIP B/O 1059022 HP LJ CP4005N 30 /25PPM 8.5X14 1 1 0 $840.00 $840.00 Manufacture Part Number: CB503AHABA Serial Number: SJP4LB29352 1059827 LOG OEM WIRED USB OPT 3BTN BLK MOUSE 3 3 0 $8.00 $24.00 Manufacture Part Number: 931637 -0403 183031 BELKIN /CDW 6' USB 2.0 A/B CABLE 1 1 0 $3.00 $3.00 Manufacture Part Number: F3U133 -06 -CDW 1059009 HP CP4005 TONER BLK 1 1 0 $145.00 $145.00 Manufacture Part Number: CB400A 1059011 HP CP4005 TONER CYAN 1 1 0 $220.00 $220.00 Manufacture Part Number: CB401A 1059013 HP CP4005 TONER YELLOW 1 1 0 $220.00 $220.00 Manufacture Part Number: CB402A 1059015 HP CP4005 TONER MAGENTA 1 1 0 $220.00 $220.00 Manufacture Part Number: CB403A 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 04/24/2008 AIT Deferred, 6 -10 Days DENISE SNYDER 1674420 SUBTOTAL $1,672.00 SALESPERSON SHIP TO: SALES ORDER NUMBER SHIPPING $70.00 BART HECKMAN CARMEL FIRE DEPARTMENT 312 705 -9572 DENISE SNYDER SALES 2 CIVIC SO KNM5944 TAX $0.00 barthec@cdwg.com CARMEL IN 46032 7543 INVOICE $1,742.00 AMOUNT CDW GOVERNMENT, INC. AN ILLINOIS CORPORATION FEIN 36- 4230110 IIIIIIIIIIIIIIIIIIIIIIIIIIUIIIIIIIIIIIIIIIIIIIIIIIIIIII Hill IIIIIIIIIIIII IN AMOUNT DUE $1,742.00 CDW Government, Inc. "CD'lli Terms and Conditions of Sale THE TERMS AND CONDITIONS ARE LIMITED TO THOSE CONTAINED HEREIN AND THE ADDITIONAL TERMS Seller will not be responsible tot and no ';,:unity 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 viluch result born any circumsiances beyond Seiler's reasonable control, including. HEREIN BY REFERENCE. ANY TERMS NOT DEFINED HEREIN ARE DEFINED AT WWW.CDW.COM. ANY but not limited in, Product unavarlabilay, nn :r delays, delays due to fire, severe weather conditions. failure ADDITIONAL OR DIFFERENT TERMS OR CONDITIONS IN ANY FORM DELIVERED BY YOU "CUSTOMER ARE of poi labor luoblems, acts n; ::nr. ;,r;::^,. embargo, a,as 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 hates or conmle6ui ales provided by Seiler of any purported deadlines contained in a OF THEM IS HEREBY GIVEN. Statement of Work or any other document are eshntate on!q. 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 adlusuncelr, to n!,:. -�ng. Products mid Service offerings for reasons including, PERFORM OR PROCURE ANY SERVICES, CUSTOMER AGREES TO BE BOUND BY AND ACCEPTS THESE TERMS bur not minted to, c!ranging market cortiii i -s :I r'iscnntinua;idr., Product unavailability, manufacturer AND CONDITIONS UNLESS CUSTOMER AND SELLER HAVE SIGNED A SEPARATE AGREEMENT FOR THE price changes. supplier price changes and criers 4Jverisenteris. All orda!s are subject to Product availability PROVISION OF PRODUCT OR PERFORMANCE OF SERVICES, IN WHICH CASE THE SEPARATE AGREEMENT and the availability of Personnel to pedorn u,: S •,.!res. Tbe!cloie. Seller cannot guarantee that it will be able WILL GOVERN. to fulfill Customer's orders. If Services m e h ;n; :rt; m d on a dirt ;Ind materials basis. any estimates provided by Seller are for planning pwpr ^•v. only Important Information About These Terms and Conditions These Terms and Conditions constitute a binding contract between Customer and Se ller and are referred to Limitation of Liability herein as eithEi Ferns and Conditions` or o this 'Ac enl'. Customer accepts these Terms and Contiilions 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 Websile (the 'Side') or otherwise REMEDY SET FORTH HEREIN, Wi:.. SEVER, ITS AFFILIATES OR ITS OR THEIR SUPPLIERS, SUBCONTRACTORS requesting products (the "Products" 1 or engaging Seller to perform or procure any Services (as this and all OR AGENTS BE LIABLE FOR: ANY INCIDENTAL. INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL capltaleted lei ins are defim)d 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 Custorner may rssne a purchase order for adnunistiahve purposes only. Additional or different terms and OTHERWISE FORESEEABLE, IN EACH CASE, WHETHER A CLAIM FOR ANY SUCH LIABILITY IS PREMISED condition; contained in any such purchase older will be nut; and void This Agreement including the terms UPON BREACH OF CONTRACT. WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY OF LIABILITY; contained !n free Ferns and Conditions" link at rvw%v.crw.rum which Customer acknuwledges and agrees are (B) ANY CLAIMS, DEMANDS OR ACTIONS AGAINST CUSTOMER BY ANY THIRD PARTY: (C) ANY LOSS OR mcmooraled herein by rcfer;nce conlarns the entire understanding of The panties with respect to the mailers CLAIM ARISING OUT OF OR IN CONNECTION WITH CUSTOMER'S IMPLEMENTATION OF ANY CONCLUSIONS contained he!em and supersedes and replaces in its entirely any and all pilot Cannnwcations and contemporaneous OR RECOMMENDATIONS BY SELLER OR ITS AFFILIATES BASED ON, RESULTING FROM. ARISING OUT OF agreements and understandings. !vhefbei oral. written. electronir, or implied. if any, between the parties with OR OTHERWISE RELATED TO THE PRODUCTS OR SERVICES: OR (D) ANY UNAVAILABILITY OF THE PRODUCT rrsoea to the soh :crt mzltel h =reef 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 TliESE TERNIS AND CONDITIONS. ANY SI'AI ENIEN T S 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 113E 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 CUS1Of0ER CONSENTS TO Confidential Information THE JURISDICTION OF THE FEDERAL AND S'. ATE COURTS LOCATED THEREIN. SUBMITS TO THE JURISDICTION) Each party anticipates that it may be necessary to provide access to rnlormaren of a confidential nature of such THEREOF' AND WAhiES THE RIGHT TO CHANGE VEN(JE. CU'STOA4ER FUP. CONSENTS 10 THE EXERCISE party, the Affiliates of a Third party fherain;alcr n;fern;d :o as "CuuGdemial Ir`onnatiun to the other party in OF: PERSONAL JURISDICTION 13Y ANY SUCH COURT WITH RESPECT TO ANY SUCH PROCEEDING Except in the performance of Ills Agreement a any Stalenicnt of Wo;k. "Cadide,ni;d Information" means any information the rase of nonpayr.nent, neither party may inslnutp, any action in any form arising out of these Terms and or data in oral, electronic or .vritten Conn .which the icceiwng part. kntrys or has reason to knovi is proprietary Contiilions more than one f1) year after the cause of action has arisen. Hhe rights and remedies provided Seller or confidential and which is disclosed by a panty in cconecriun wen flies. Acram.ent or which the receiving party under these Terms and Conditions are cumulative. are in audition to and do not limit or prejudice any other right may have access m in connection with this i,g;eentonr, including bul nil Iimited to the terms and conditions or remedy available at law Of in equ!ty. of each Statement of Work. Confidential info!rtativn will not include iidoinnalion which: (a) becomes known to the public through no act of the r'eceiving party; (b) was known Io the ror.eiving party, or becomes known to Title: Risk of Loss the receiving party from a third party having rho tight to disclose it and iiaung no obligation of confidentiality II Customer provides Seller with Customer's canner account number or selects a carrier other than a carrier that to the disclosing party win respect to Me applicable cforin;ttion: or ic) 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 ppa� 'elw h ave not hall 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 68 clearly idontitied 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 pronnptly titereailer 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 Inforin on will not be evidehCe that such information is not confidential or protectable. the applicable licensoi (s), and Custornet's rights therein are contained in the license agieement 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 pa Au s COnlidBntial Inlormation 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 dale of disclosure and to so in a manner at least as protective as it holds it's own Confidential Customer will record such puichase money SeCuidy interest on its books. Information of like kind but to Lisa 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 tine applicable Statement of Worl and reed to know such Confidential Information for purposes Orders are not hinding 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 slopping is not prepaid by CUS10mel including shipping charges Statement of Work, or (u) to its business, legal and financial advlsdrs, each on a confidential basis. Each party that arc billed to Seller as a result of USMg COStdrner's varier account number. Terms of payri are within apre9S 1101 lit use any COnliderin;il Inl:a mdti0n A flu! other party iii inn ;;n`i purpose other than the business Seller s sole riscnehom. !ii confection yrith Services heir( performed pursuant is a Statement or Work. Customer purposes curuemplated hp nc�; Apreenlent god tint nppllra!;le Sratemprit cf Work. Upon the wrillen request of wlil ,,ay ion the Services in the im ounls and in accordance wilh anv payment schedule set forgl in the applicable a parry, the other part' vnll either retunr a certify the restriction of the Confidentiaf Information of the other Statement of Work. It no payment schedule is provided. Customer val11 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 lot 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 fen all of the Services described in a Statement of Work or any portion thereol. or by any governmental or regulator• 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 IT 5 1 per month receiving party will give the disclosing party pioimpt 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 si n!lar protective measure and will use reasonable efforts to obtain confidentia Seller's costs of collection. including, bill not limited to, court costs. filing fees and attorneys' fees. In addition, treatment of the Confidential Information so disclosed. it payments are riot 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.SVC.4CDW or email Export Sales at CustomerRelationsa)cdw corm Customer must notify COW Customer Relations of any damaged Products It this transaction involves an export of items (including, but riot limited to commodities, software or technology), within ten (10) days of receipt. FOR PRODUCTS PURCHASED FROM COW BERBEE. CUSTOMER SHOULD subject to the Ex.portAdministration Regulations. such demsweie exported from ti United States by Seller in CONTACT IttS BERBEE ACCOUNT MANAGER FOR SPECIFIC BERBEE RETURN POLICIES. accordance with the Expert Administration Regulations. Diversion contrary to United States late) is prohibited. Arbitration Any claim disoin e. or controversy (whether in contract, tort or otherwise, whether preexisting, present or future. Right:I'cchnulagy. NV DICE TER W �G Ri&LAway VISIT 'nc CDWG ON THE INTERNET 0412212008 KDV5465 NET 30 Days- GovUState -Local 0 512 212 0 0 8 OUR PART NO. DESCRIPTION CITY OTY QTY UNIT PRICE TOTAL ORD SHIP $!O 951784 HP LJ 3055 19PPM 8.5X15 1 1 0 $485.00 $485.00 Manufacture Part Number: Q65030ABA Serial Number: SCNRK177038 7 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 04/22/2008 DHL Ground GARY CARTER 6676598 SUBTOTAL $485.00 SALESPERSON SHIP TO: SALES ORDER NUMBER SHIPPING $17.11 BART HECKMAN CITY OF CARMEL FIRE DEPT 312- 705 -9572 GARY CARTER SALES 2 CARMEL CIVIC SO KMZ4926 TAX $0.00 barthec @cdwg.com CARMEL IN 46032 INVOICE AMOUNT $$02.11 CDW GOVERNMENT, INC. AN ILLINOIS CORPORATION FEIN 36- 4230110 Ill111illIff111111 iii IN1111111 111111111111111IN11111 Hill 1111111111111111111IN AMOUNT DUE $502.11 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 of 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 lire, severe weather cenditibns laifure ADDITIONAL OR DIFFERENT TERMS OR CONDITIONS IN ANY FORM DELIVERED BY YOU "CUSTOMER ARE of power, labor problems, acts of war, teruirism, 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 [fates 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 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 ACCEPTS THESE TERMS but not limited to changing market conditions. Product discontinuation, Product unavailability, AND CONDITIONS UNLESS CUSTOMER AND SELLER HAVE SIGNED A SEPARATE AGREEMENT FOR THE price changes, supplier price changes and errors in advertisements. All Quetta 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 urn Services Therefore, Seller ca inol guarantee that it will be 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 lot planning purposes only Important Information About These Terms and Conditions These Terms and Conditions constitute a Ulnding contract betweRa Customer and Seller and are referred to Limitation of Liability herein as either 'Terms and Conditions" ar this'Agrer:ment'. Customer accepts mese Terms and Conditions ba UNDER NO CIRCUMSTANCES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY making a purchase Iran or placing an order with Seller or shopping mn Seller's Wobsite (the Site') or otherwise REMEDY SET FORTH HEREIN, WILL SELLER, ITS AFFILIATES OR ITS OR THEIR SUPPLIERS, SUBCONTRACTORS requesting products (tire "Products or engaging Seller to pertonn air procure any Servjces (as this and all OR AGENTS BE LIABLE FOR: (A) ANY INCIDENTAL, INDIRECT, SPECIAL. PUNITIVE OR CONSEOUENTIAL capltahied terns are defined heteirr)_ 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 cuutained up, any such purchase order will he null anti 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 wv;nv.al%v.com vviich Customer acknowledges and agrees are (8) ANY CLAIMS, DEMANDS OR ACTIONS AGAINST CUSTOMER BY ANY THIRD PARTY: (C) ANY LOSS OR incorporated herein by re errenfe contains the entire understanding of the pantie, with respect to the Fri CLAIM ARISING OUT OF OR IN CONNECTION WITH CUSTOMER'S IMPLEMENTATION OF ANY CONCLUSIONS conlafned herein and supersedes and replaces In its entirety any and all pilot communications contemporaneous OR RECOMMENDATIONS BY SELLER OR ITS AFFILIATES BASED ON, RESULTING FROM, ARISING OUT OF agreements anti understandings, whether oral, written, electronic or implied, If any. between the parries with OR OTHERWISE RELATED TO THE PRODUCTS OR SERVICES; OR (D) ANY UNAVAILABILITY OF THE PRODUCT respect tin fire 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 I EIi v1S AND CONDITIONS, ANY SLr TEIkI OF WORK, THI- SERVICES HEREUNDER AND ANY SALE AMOUNT PAID BY CUSTOMER FOR THE PRODUCT(Sl GIVING RISE TO THE CLAIM OR THE SPECIFIC SERVICES 01 PRODUCTS HEREUNDER b'JILL 6E GOVERNED BY THE LAWS OF THE S'TA'FF Of ILLINOIS, WITHOUT GIVING RISE TO THE CLAIM; OR (B) $50.000.110. REGARD 10 CONFLICTS Of I RULES ANY ARBITRATION, ENFORCEMENT OF AN ARBITRATION OR LIT, IGA'IION WILL P,E. BROUGHT EXCLUSIVELY IN COOK COUNT; ILLINOIS, AND CUSTOMER CONSENTS TO Confidential Information THE JURISDICTION OFTHE FEDERALAND STAT'e COURTS LOCATED THEREIN, SUBMITS TO THE JURISDICTION Each party anticipates that It may be necessary to provide access to information of a nonfidenGai faille of such THEREOF AND'vVAIVES THE RIGHT TO CHANGE VENUE CUSTOMER FURTHER CONSENT'S'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 Lllis Agreement and any Statement of Work. "Confidential Information" means any frlotmation the, case of nonpayment, neither' party may insunite any action in any form arising out of these Toros and or data In oral, electronic or written frrnt which the receiving Party knows of has reason to know is prpprleduy Conditions mare than one it) year offer 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 unAer these Terms and Ccadit'uos 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 terns and conditions or remedy available at law or in equity. of each Statement of Wok. Confidential ilforfalle wIII not include information which. (a) becomes known to the public through no act of the receiving party, (b) was known to the receiving party, at becomes knovan to Title; Risk of toss the receiving party their a third party having the right tb disclose it and having no obligation of confidentiality If Cusidmer provides Seller wild Customer's carrier account number or selecls a carrier amen Than a carrier that to the disclosing party with respect to the applicable information, or (c) is independently developed by agents regularly ships tot S°fler title to Rootlets and risk of loss of damage during shipment pass from Seller to ernplpyees or subconiraciors of the receivingg party who have not had aCCa55 to such information. To the extent Customer upon delivery to the carrier (F.O.B. Origin, freight collti Far all other shiprnenis, title tp Products practicable. Confidential it shdufd lie clearly identified or labeled as such by the disclosing pity at and risk of toss of Jalisco during shipment pass from Sellerto Customer upon delivery to the specified destination the time of disclosure or as promptly thereafter as possible, however, failure to so identify or label s,.ch as (F.O.B. Destination .lmight prepaid and addEct Notwlthstanding the foregoing, title to software wilt remain wlih Conlideotial Information will not be evidence that such information is not confidential or protectable, ne applicable Ircereel (s), and Customers rights therein are conlained in ire license agreement between such icomsor(s) and Customer. A purchase money security interest is retained in the Products to secure payment in Each party agrees to field the other party s Confidential lnlormaBon confidential tot a period of fhree (3) years lull. CuStomeraulhe47eS Seiler to file a financing stalemem reflecting such seourily interest and, If requested, following the date of disclosure and to do so In a manner at Ieastas protective as it holds its own Conlit iat CostomerwiR record such purchase moue security interest on its books. Information of like kind but to rise no less than a reasonable degree of care. Disclosures of the other party s Confidential Information will be restricted (1) to those individuals who are participating in the performance Of Payment this Agreement or the applicable Statement of Work and need IQ know such Confidential Information lot our poses 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 Custarner), including shipping charges Statement of Work. or (ii) to its business, legal and financial advisors, each on a confidential basis. Each party that are belled in Seller as a result at using Customer's carrier aceounr nunlbet. Terms of payment are within agrees not to use any Confidential Intmrnallon of [he other party or for any purpose other than the business 5 II :r s Sale discretion. of ccnnecW)r with Services being performed pursuant to a Statement of Work, Customer purposes Contemplated by Ills Aomenent and [he applicable Statement df Work. Upon the c rdlen rr q t `sl o. %ill _a r,nr Inc Ser„ic s Infpe. orrroulus and in accorda ice with any payment schedule set ill rrr Inc applicable a party, the other patty milt either return or certify flip, destruction of the Conlidenfiaf Inforinalioo or the �f,rdr Statemant pl'A cuk. If no payment schedule IS provided, Customer will pay far the Services as Invoiced by Seller- parry. Invoices ar:.rae and payalle. within the time period specified on the invoice measured from the date of invoice. subject to coot ruing cretin approvat by Seller. Seller may invoice Customer separately lot partial shipments, it a receiving party is required by law, rule or regulation, or requested to anyjul icial or administrative proceeding and Seller may invoice Costourerforall of the Services described In a Statement of Work or any portion thereof. or by any governmental or regula €dry authority, to disclose Confidential Information of the other party, the Customer agrees to pay interest on all past -due stuns at the insver of one and one -hall percent (1 5 °bj per month receiving party will give the disclosing party prompt notice of such request so that the disclosing party may seek at the highest rate allowed by law_ In the event of a payment detaulf, Cuslorner will be responsible far all of an appropriate protective0rder of 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 add attorneys foes In addition, peahmontef the Confidential Information so- disclosed. it payments are not received as described above, Seller reserr,es the right to suspend Services until payment Is racerved. Return Privileges To obtain Seller's return policy, Customer should contact COW Customer Relations at 866 -SVC 4CDW or email Export Sales at rst m rR lationtu .dw coo Customer must notify COW Customer Relations of any damaged Products It this transaction involves an export of items (Including, but mat limited to commodities software or technology). within ten (1G) days of receipt FOR PRODUGTS PURCHASED FROM COW BERREE CUSTOMER SHOULD subjecttoleeGxportAdminlstrationRegul ations. suchiiemswuieexportedimmtieUnitedSlatesISellerin CONTACT ITS RERBEE ACCOUNT MANAGER FOR SPECIFIC BERBEF RETURN POLICIES. accordance with the Export Administml'utr Regulations. Diversfeo Contrary to United Slates law is prohibited. Arbitration warranf iris Any claim, dispute, or controversy (whether in contract, tail or otherwise, whether preexisting, present or future, rtn The RightT- hnulogy Right A,uy ?I VISIT CDWG ON THE INTERNET 04/18/2008 KDH4935 NET 30- VERBAL GOVT 05/18/2008 OUR PART NO. DESCRIPTION OTY OTY OTY UNIT PRICE TOTAL ORD SHIP Bl0 951784 HP L3 3055 19PPM 8.5X15 1 1 0 $485.00 $485.00 Manufacture Part Number: Q6503AttABA Serial Number: SCNRK277442 1059826 LOGITECH OPTICAL WHEEL MOU BLK OEM 3 3 0 $7.00 $21.00 Manufacture Part Number: 953688 -1403 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 04/18/2048 FEDEX Ground GARYCARTER 6676598 SUBTOTAL $506.00 SALESPERSON SHIP TO: SALES ORDER NUMBER SHIPPING $0.00 BART H ECKMAN CITY OF CARMEL FIRE DEPT 312- 705 -9572 GARY CARTER SALES 2 CARMEL CIVIC SO KML8803 TAX $0.00 barthec @cdwg.com CARMEL IN 46032 INVOICE AMOUNT $506.00 CDW GOVERNMENT, INC. AN ILLINOIS CORPORATION FEIN 36- 4230110 Illlllllllllllflllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll Ill IN AMOUNT DUE $506.00 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 nut he 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 bat not limited to. Product unavailability, carrier delays, delays due 3o lire, severe weather conditions. failure ADDITIONAL OR DIFFERENT TERMS OR CONDITIONS IN ANY FORM DELIVERED BY YOU "CUSTOMER") ARE of power. labor problems, acts of war, terorani, embargo, acts of God or acts or laws of arty government or HEREBY DEEMED TO BE MATERIAL ALTERATIONS AND NOTICE OF OBJECTION TO THEM AND REJECTION agency. Any shipping dates or comp €etion dates provided by Seller or any purported deadlines contained in a OF THEM IS HEREBY GIVEN. Stafernent of Work or any other document are cstimats only. BY ACCEPTING DELIVERY OF THE PRODUCTS OR BY ENGAGING THE COW AFFILIATE IDENTIFIED ON THE Pricing Intormation; 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 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 suhjeuT to Product availability PROVISION OF PRODUCT OR PERFORMANCE OF SERVICES, IN WHICH CASE THE SEPARATE AGREEMENT and the availability of Personnel to perform Ire Services. Therefore, Seller cannot guarantee that it will be able WILL GOVERN. to fultill Customer s orders. U Services are being performed on a time and materials basis, any estimates provided by Soler are for planning purposes only. Important Intormation About These Terms and Conditions These Terns and Conditions constitute a binding contract helween Customer and Seller and are referred to Limitation of Liability herein as either "Terms and Conditions" or this "Agreemenl''. Cuslmnet accepts Ihese Terms and Conditions by UNDER NO CIRCUMSTANCES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY making a purchase from of placing an orderwith Seller or shopping on Seller's Websiie (the 'Site') or otherwise REMEDY SET FORTH HEREIN, WILLSELLER, ITS AFFILIATES OR ITS ORTHEIR SUPPLIERS, SUBCONTRACTORS requesting products (the "Pruducts'I or engaging Seiler to perform or procure any Services (as this and all OR AGENTS BE LIABLE FOR: �A) ANY INCIDENTAL, INDIRECT. SPECIAL. PUNITIVE OR CONSEQUENTIAL capitalized ferns are defined hereiol. DAMAGES INCLUDING BUT NO 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 Cusrhrnar 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 [rider will be null and vold. This Agreement including the terms UPON BREACH OF CONTRACT. WARRANTY, NEGLIGENCE, STRICT LIABLITY OR OTHER THEORY OF LIABILITY; cunrarned in The "Terms and C•• link at wrvay.cdvr.rorn vibwti Customer acknowledges and agrees are (B) ANY CLAIMS, DEMANDS OR ACTIONS AGAINST CUSTOMER BY ANY THIRD PARTY; (C) ANY LOSS OR utcnrparated herein by reference c,enains the entire understanding of the parties will respect to the smatters CLAIM ARISING OUT OF OR IN CONNECTION WITH CUSTOMER'S IMPLEMENTATION OF ANY CONCLUSIONS c,Ontainecf lereSt and supaiseties and replacos Ines entirety anyand all prior COm uLlooaGhnSand conlempocaneous OR RECOMMENDATIONS BY SELLER OR ITS AFFILIATES BASED ON, RESULTING FROM. ARISING OUT OF agreen and uuderstandings, whetter 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 rcepert to I e tucloct matter hereof .FOR-USE OR ANY LOST, OAMAGEO OR CORRUPTED DATA OR SOFTWARE. IN THE EVENT OF ANY LIABILITY INCURRED BY SELLER OR ANY OF ITS AFFILIATES, THE EKTIRE LIABILITY OF SELLER ANO RS AFFILIATES Governing Law FOR DAMAGES FROM ANY CAUSE WHATSOEVER WILL NOT EXCEED THE LESSER OF: (A) THE DOLLAR TIiESE T,.PMS AND rONDITIONS ANY CIA] EPALNTS OF WORK, THE SERVICES HEREUNDER AND ANY SALE AMOUNT PAID BY CUSTOMER FOR THE PROOUCT(S) GIVING RISE TO THE CLAIM OR THE SPECIFIC SERVICES OF PRODUC S HEt ?£UNDER WILL RE 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 SATE COURT'S LOCATED THEREIN, SUBMITS TO THE JURISDICTION Each party anticipates that it may be necessary to provide access to information of a confi(lehr o nature of such THERI OF AND WAIVES THE RIGHT 1'0 CHANCE VENUE. CUSTOMER FURTHER CONSENT'S TO THE EXERCISE partly, the Affiliates or a third party (hereinafter referred to as `Confidential Information to file other party in OF PERSONAL JURISDICTION BY ANY SUCH COURT WI FH RESPECT TO ANY SUCH PROCEEDING. Except in the performance of this Agjmemem and any Statement of Work, "Confidential Information" means any information the rase of nonpayment neither parts may institute any action in any form arising out of these Terms and or data In oral, elechonie or written thrift which the receiving party knows or has reason to know is proprietary li more than one (t year after the cause of action has arisen. The fight's and remedies providers Seller or confidential and which is disclosed by a party in connection with this Agreement or which file receiving party under these Terms and Conditions are cumulative, are to addition In, and do riot Tell! or prejudice any other right may have access to in connection with Ills Agreement, Including but not limited to the terms and conditions or remedyaveitabte 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 receiying 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 no obligation of confidentiality If Customer provides Seller with Cuslhmer's carrier account number or selects a carrier other than a carrier that to the disclosing parry 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 Si llcr to ernployees or subcontractors of the receiving ppartyy who have not had access to such information. To the extent Customer upon delivery to the carrier (EO.B. Origin, freight collect). For all other shipments, utle to Products praclicable, Confidential information should be cfearly identified or labeled as such by the disclosing p ^Frty at and risk at loss ordarlI finning shipment pass from Sellerto Customer upon delivery lathe specified destination the time of disclosure or as promptly thereafter as possible, however, failure to so identify fir label s:ch as F 0,8, Destination, Insight prepaid and added). Notwithstanding the foregoing, title to software will remain with Conlidenfial information will not be evidence that such Information is not confidential or protectatele,, fie applicable hcensor(s), and Cuslamer's rights therein are contained in the license agreement between such licensor(sj and Customer, A purchase money security intetesl is retained in the Products to secure payment in Each party agrees to hold the other party's Cordidanlisl informaton confidential for a period of three (3) years into Customer authorizes Seger to file a financing statement reflecting such security interest and, if requested, following the date at disclosure and to de so in a manner at least as protective as it holds it's own Confidential Customer win record such purchase mnneq 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 at Work and need to know such Confidential Information for purposes Orders ate put binding .cpeo Seller until accepted by Seller. Customer agrees to Inv the total purchase price of providing or receiving the Products or Services or otherwise in connection with ills Agreement of the applicable for the Products plus shipping po the extent shipping is not prepaid by Customer), including shipping charges Stafernent W Work. or (ii) to husiress, legal and tlnanciell advisors, each on a confide ntiat 'gag is. Each party that ale billed tC Seller as a result of using Custhlner s corrlel' account number. Terms of payment are bvithin agrees not to use any ChnLld trtfial Information of the other parl'v of for any purpo5, Other than the business Scher 'a sole d',,r. utmn. In onnecron vq ih Services bong performed pursuaut to a Statement of Work, Customer purposes contemplated by This Agreement and the applicable Statement of Work Upon the vidteo requesr of ,ill '.a, 10I ilia Scrrices in eoroounts and IF accoriartoe voth any payment schedule set foffh in rho applicable a party, the other party will either return or certify file destruction of the Confidenlal Information of the other t sspr ens of lNork, 11 no payment schedule is provided. Customer wiil pay for the Services as invoiced by Seller party, IIVDICe$ are due and payable within the time period specified on the invoice, measured from the date of invoice, subject to rontirl credit approval by Seller, Seller may invoice Customer separately for partial shipments, It a receiving party Is required by law, rule or regulation. fir requested in any judicial or administrative proceeding and Seller may invoice Customer forall of the Services descrlhed in a Statement of Work w 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 (L5 per month receiving party will give the disclosing party prompt notice of such request so that the disclosing party may seek m' the highest Tale allowed by law. In the event of a payment default, Customer writ be responsible for all of an app measure and will use reasonable efforts protective order or protective s to obtain confidential Seller's costs of collection. including, but not Immited to, court costs, filing fees and attorneys' fees_ In addition, trealrnent of Confidential Information so disclosed. it payments are nol received as descrlhed above, Seller reserves the right to suspend Services until payment is I eceived. Return Privileges To ablain Seller's return policy, Customer should contact CDW Customer Relations at 6663VC ACDW or email Export Sales at CustomerRefationstucdw.corn Customer must notify CDW Customer Relations of any damaged Products It this transaetlon involves an "Pon of'derns (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 AdministrationRegufalions. Suchhemswercexpurtedhorn lueUnitedStatesby ;afterin CONTACT ITS BERBEE ACCOUNT' MANAGER FOR SPECIFIC BERBEE RETURN POLICIES. accordance with the Expml Administration Regulations- Diversion contrary to United States law is prohibited. Arbitralion Amt H—, dicnute fir r rvdrnv Brew fmhether m rnntre I nr rimerlvi9e virlelher nreexlshno. uresent orfuture. VOUCHER NO. WARRANT NO. CDW ALLOWED 20 IN SUM OF$ 75 Remittance Drive Chicago, IL 60675 r o tb S� ON ACCOUNT OF APPROPRIATION FOR Carmel Fire Department PO# Dept. INVOICE NO. ACCT #1TITLE AMOUNT Board Members 1120 KDH4935 102 632.01 $506.00 1 hereby certify that the attached invoice(s), or 1120 KDV5465 102 632.01 $502.11 bill(s) is (,are) true and correct and that the 1120 KFR4809 102 632.0 materials or services itemized thereon for 1120 KFN5944 102 632.01 $1,742.00 1120 KHR9647 102- 632.01 $265.0' 0 e/ which charge is made were ordered and 6 2,0 �CSN f 3$7 �a2.( I7: received except r r 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)) 0411$108 KDH4935 Printer- Station 46 $506.00 04/22/08 KDV5465 Printer Station 46 $502.11 04/24/08 KFR4809 CREDITS ($502.12) 04/24/08 KFN5944 Color Printer Admin $1,742.00 05/05/08 KHR9647 Printer Cards LifeNet $265,00 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