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156994 03/05/2008 CITY OF CARMEL, INDIANA VENDOR: 033825 Page 1 of 1 `I. ONE CIVIC SQUARE CDW GOVERNMENT INC CHECK AMOUNT: $3,829.00 s, CARMEL, INDIANA 46032 75 REMITTANCE DR SUITE 1515 CHECK NUMBER: 156994 CHICAGO IL 60675 -1515 CHECK DATE: 3/5/2008 DEPARTMENT A CCOUNT PO NUMBER INVOICE NUMBER AMOUNT DE 102 4463201 JJK2778 454.00 HARDWARE 1115 4463201 18375 JJP9025 2,935.00 3COM SWITCH 102 4463201 JKG2853 454.00 HARDWARE A02 4463201 JKN4631 760.00 HARDWARE 102 4463201 JLK7691 387.00 HARDWARE 102 4463201 JLZ3833 387.00 HARDWARE r� m The Right Technology. INVOICE NUMBER -INVOICE WeG Right Away.— 02/08/2008 JJP9025 NET 30 Days- Govt/State -Local 03/09/2008 VISIT CDWG ON THE INTERNET 7 OUR PART NO. DESCRIPTION CITY OTY CITY UNIT PRICE TOTAL ORD SHIP B/O 1090635 3COM SWITCH 450OG 48 -PORT 1 1 0 $2,935.00 $2,935.00 Manufacture Part Number: 3CR17762 -91 -US Serial Number: YEWF8SK4E1480 %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 02/0712008 UPS Ground (1- 2 day) 18375 1674420 PRODUCT $2,935.00 SUBTOTAL SALESPERSON SHIP TO: SALES ORDER NUMBER $0.00 BART HECKMAN CARMEL CLAY COMMUNICATIONS SHIPPING 312- 705 -9572 TERRY CROCKETT 311STAVE NW JT07724 SALES $0.00 barthec @cdwg.com CARMEL IN 46032 -1715 TAX INVOICE $2,935.00 CDW GOVERNMENT, INC. AN ILLINOIS CORPORATION FEIN 36- 4230110 AMOUNT IIIIIII11111111llllllllll111115111111BlUl1111lll111111111IN111l AMOUNT DUE $2,935.00 l7® fFJ r• 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 circiunstances beyond Seller's reasonable control, including, 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 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 Seiler 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. 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 'Ac ieement 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 an Seller's Website Ithe'Site') or otherwise REMEDY SET FORTH HEREIN, WILL SELLER, ITS AFFILIATES OR ITS OR THEIR SUPPI IERS, SUBCONTRACTORS requesting products (the "Products °I 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 rhe'Tenrts and Conditions' link at www.cdw.com which Customer acknowledges and agrees are (8) ANY CLAIMS. DEMANDS OR ACTIONS AGAINST CUSTOMER BY ANY THIRD PARTY; (C) ANY LOSS OR ncorpnrated 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 entirely any and all prior communications and conlernperaneous OR RECOMMENDATIONS BY SELLER OR ITS AFFILIATES BASED ON, RESULTING FROM, ARISING OUT OF ag eements 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 hereot. 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 Conlidenlial 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 m 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 loan arising out of these Terms and or data in oral, electronic or written form which the receiving party knows or has reason to known 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 at 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 at 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 coofidenhal l If Customer providc 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 lama a 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). or all other shipments, title to Products practicable. Confidential Information should be clearly identified or labeled as such by the disclosing party at arid 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 rernain with Confidential Information will not be evidence that such information is not confidential or proteclable. the applicable licensor(s). and Customer's rights therein are contained in the license agreement between such licensors) 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 Customei 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 tf�tent shipping is riot 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 payrnen! are within agrees not to use any Confidential Information of the other party or for any purpose otter 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 amoums 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 pavment schedule is provided. Customer will pay for the Services as invoiced by Seller. party. Invoices are due and payable within the lime period specified on the invoice, measured from the date of invoice, subject to continuing credil 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 invoica 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 suns at the lower of one and one-half percent (1.5 per month receiving party will give the disclosing parhv prompt notice of such request so that the disclosing party may seek or Iha 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 elfons to obtain ronlidenhal Seller's costs of collection, Including, but not limited to, court costs, filing fees and attorneys tees. 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 COW Customer Relations at 866.SVC.4CDW of entail Export Sales at CuslomerRClatlons'gcdw cam Customer must notify COW Customer Relations of any damaged Products II 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 Expert 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, inlentiooal tort and equitable claims) arising from or aril the nnhv 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 C 0 INDIANA RETAIL TAX EXEMPT PAGE l I' Carmel CERTIFICATE NO. 003120155 002 0 q 1i PURCHASE ORDER NUMBER FEDERAL EXCISE TAX EXEMPT 1 8375 35- 60000972 ONE CIVIC SQUARE THIS NUMBER MUST APPEAR ON INVOICES, A/P CARMEL INDIANA 46032 -2584 VOUCHER, DELIVERY MEMO, PACKING SLIPS, SHIPPING LABELS AND ANY CORRESPONDENCE. FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL 1997 PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION 2j712008 CDW Government Inc Carmel Clay Communications a VENDOR SHIP 31 First Avenue NW 75 Remtftnce Drive, Ste 1515 TO Carmel, IN 46032 Chicago, IL 60675 (317) 571 -2566 CONFIRMATION BLANKET I CONTRACT PAYMENT TERMS FREIGHT QUANTITY UNIT OF MEASURE DESCRIPTION UNIT PRICE EXTENSION .Account 44- 632.01 1 Each 3Com Switch 4500G 48 port 1090635 $2,935.00 $2, 935.00 Sub Total: $2,935.00 fl Send Invoice To: Carmel Clay Communications 31 First Avenue NW Carmel, IN 46032- PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT Communications PAYMENT $2,935.00 A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE A PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN AFFIDAVIT ATTACHED. SHIPPING INSTRUCTIONS r I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN THIS APPROPRIATION SUFFICIEN, TO;PAY FOR THE ABOVE ORDER. SHIP REPAID. z C .O.D. SHIPMENTS CANNOT BE ACCEPTED. PURCHASE ORDER NUMBER MUST APPEAR ON ALL ORDERED BY SHIPPING LABELS. THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 TITLE J AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. CLERK TREASURER DOCUMENT CONTROL NO. A.P. COPY- SIGN AND RETURN TO CLERK'S OFFICE VOUCHER NO. WARRANT NO. ALLOWED 20 IN THE SUM OF ON ACCOUNT OF APPROPRIATION FOR Board Members PO# or INVOICE NO. ACCT #/TITLE AMOUNT DEPT. I 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 20 Signature Title Cost distribution ledger classification if claim paid motor vehicle highway fund I VOUCHER NO. WARRANT NO. ALLOWED 20 C Government, Inc IN SUM OF 75 Remittance Drive, Ste 1515 Chicago, IL 60675 $2,935.00 ON ACCOUNT OF APPROPRIATION FOR Carmel Clay Communications PO# Dept.# INVOICE NO. ACCT #/TITLE AMOUNT Board Members 18375 JJP9025 44- 632.01 $2,935.00 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, February 27, 2008 Director 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)) 02/08/08 I JJP9025 I I $2,935.00 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 .0 The Right Technology. INVOICE DATE INVOICE �WoG RighlAwayJ11 02/07/2008 JJK2778 NET 30- VERBAL GOVT 03/08/2008 VISIT CDWG ON THE INTERNET OUR PART NO. DESCRIPTION OTY QTY OTY UNIT PRICE TOTAL ORD SHIP B/O 951783 HP LJ 3052 19PPM 8.5X15 NO FAX 1 1 0 $387.00 $387.00 Manufacture Part Number: Q6502ANABA Serial Number: SCNRK703552 533900 HP LJ 1000 3000 TONER BLK 1 1 0 $67.00 $67.00 Manufacture Part Number: Q2612A 183031 BELKIN /CDW 6 USB 2.0 A/B CABLE 1 1 0 $0.00 $0.00 Manufacture Part Number: F3U133 -06 -CDW 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 U AT: credit@cdw.com ORDER DA SHI VIA PURCHASE ORDER NO. CUSTOMER NO. 02/07/2008 DHL Ground GARY CARTER 6676598 PRODUCT $454.00 SUBTOTAL SALESPERSON SHIP TO: BART HECKMAN CITY OF CARMEL FIRE DEPT SALES ORDER NUMBER SHIPPING $0.00 312 705 -9572 GARY CARTER JTQ8124 STARS $0.00 2 CARMEL CIVIC SO barthec @cdwg.com CARMEL IN 46032 INVOICE $454.00 CDW GOVERNMENT, INC. AN ILLINOIS CORPORATION FEIN 36- 4230110 AMOUNT I111111111111IIIIIIIIId1111111111111111111111111111111111 Kill 1111111111ININ AMOUNT DUE $454.00 F/@ 68 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 de ays, 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 dales 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 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 A14D 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 Son/ices. Therefore. Seller cannot guarantee that it will be able WILL GOVERN. to fulfill Customer's orders, It Services are being perixmed 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 reement'. Customer accepts these Terms and Conditions by UNDER NO CIRCUMSTANCES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY rder making a purchase hom or placing an o with Seller or shopping on Seller's Website (the "Site or otherwise REMEDY SET FORTH HEREIN, WILL SELLER, ITS AFFILIATES OR ITS OR THEIR SUPPr IERS. 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 capitalised 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 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' I 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 Statenumt 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 riot limit or prejudice any other right may have access to in connection with this Agret ment, 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; fb) 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 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 prolectable. 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 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 l. 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 Confidential Information of the other party or for any purpose other than the business Seller's sole discrelion. 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. of 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.SVCACDW or email Export Sales at f_.ustomerRelatioos (9cdw.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 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 c(.ntract, 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 claim;) 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. (tie interpretation or application of these Terms and Conditions or any m The Right Technology. INV INV W. Right Away.— VISIT WING ON THE INTERNET 0 R D SHHI P B/0 2/12/2008 JKG2853 NET 30- VERBAL GOVT 03/13/2008 OUR PART NO. DESCRIPTION O O/O UNIT PRICE TOTAL TY O 951783 HP LJ 3052 19PPM 8.5X15 NO FAX 1 1 0 $387.00 $387.00 Manufacture Part Number: Q6502ANABA Serial Number: SCNRK160768 533900 HP LJ 1000 3000 TONER BLK 1 1 0 $67.00 $67.00 Manufacture Part Number: Q2612A 183031 BELKIN/CDW 6' USB 2.0 A/B CABLE 1 1 0 $0.00 $0.00 Manufacture Part Number: 1`3U133 -06 -CDW 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 ng/19190()s r)HI rr)und GARY CARTER 6676598 SUBTOTAL $454.00 SALESPERSON SHIP TO: SALES ORDER NUMBER SHIPPING $0.00 BART HECKMAN CITY OF CARMEL FIRE DEPT 312- 705 -9572 GARY CARTER JVL8719 S ALE S $0.00 2 CARMEL CIVIC SO barthec @cdwg.com CARMEL IN 46032 INVOICE AMOUNT $454.00 CDW GOVERNMENT, INC. AN ILLINOIS CORPORATION FEIN 36- 4230110 11111111111111111111111111111 IN AMOUNT DUE $454.00 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 lo. 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 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 prising, Products and Service offerings for reasons including, PERFORM OR PROCURE ANY SERVICES, CUSTOMER AGREES TO BE BOUND BY AND 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 will be able WILL GOVERN. to lulfiil Customer's orders. if Services are being pertDra ed 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 beNveen Customer and Seller and are referred to Limitation of Liability herein as either "Terms and Conditions" or this "Agreement'. Customer accepts these Tennis 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 Sellers Website (Ihe `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 Oder 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 w•ww.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 agreerne its and understandings. whether oral, written. electronic or implied, if 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 PRODUCTfS) 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 Conlidential 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 if coiilitiential nature of such THEREOF AND WAIVES THE RIGHT TO CHANGE. VENUE. CUSTOMER FURTHER CONSENTS TO THE EXERCISE party, the Affiliates or i third party (hereinafter referred to as "Confidential Information') to the other parry in Or PERSONAL JURISDICTION BY ANY SUCH COURT WITH RESPECT TO ANY SUCH PROCEEDING. Except rn the performance of this Agreement and any Slafeinwil of Work. "Confidential Information" means any information the case of nonpayment, neither party may institute any action in any form arising out of these Terns and or data in oral, electronic or written form which Ih> receiving party knows or has reason to know is proprietaiv 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 will) this Agreement or which the receiving party under these Terrns and Conditions are cumulative. are in addition to. arid 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; III) 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 applicaole 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 riot 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 of labeled as such by the disclosing party at and risk of loss or damage during shipment pass from Seller to Customer upon delivery to uie specified destination the time of disclosure or as promptly thereafter as possible, however, failure to se 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 ficensor(s), and Customer's rights therein are contained in the license agreement between such licensoi(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 Conficential Information confidential for a period of three (3) years full. Customer authorizes Seller to fife a financing statement reflecting such security interest and, it 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 hooks. 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 Bose individuals who are participating in the performance of Payment this Agreement or the applicable Statement of Wor<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 (o) to its business, legal and financial advisors, each on a confidential basis. Each party that are billed to Seller as a result of using Customers carrier account number Terms of payment are within agrees not fo use any CConfidential Intel ination of the other party or for air 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 of regu ation. Or requested in any judicial of 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 one lower of one and one -half percent (1.5%) per month receiving paCv will give the disclosing party prompt notice of such request so trial the disclosing party may seek or the highest rate allowed by law. In the event of a payment delauh, Customer will be responsible for all of an approtenate 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 disc used. 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 shoulo contact COW Customer Relations at 866.SVC.4CDW or email Export Sales at CuslomeiRelationsrucdw 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 front the United States try 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 riot the manufacturer of the Products purchased by Customer hereunder and including, but not limited to, statutory, common law, intentional tort and equitable claims) arising Irons 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 to The Right Technology. c INVOICE .G RighiAway.l` 02/13/2008 JKN4631 NET 30- VERBAL GOVT 03114/2008 VISIT CDWG ON THE INTERNET OUR PART NO. DESCRIPTION OTY IT QTY UNIT PRICE TOTAL ORD SHIP B/O 951784 HP LJ 3055 19PPM 8.5X15 2 2 0 $370.00 $740.00 Manufacture Part Number: o6503A#ABA Serial Number: SCNRK805670 Serial Number: SCNRK805680 ACH 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 U AT: credit @cdw. om ORDER DATE SHIP VIA PURCHASE ORDER NO. CUSTOMER NO. PRODUCT $740.00 02/13/2008 DHL Ground VERBAL AIO 6676598 SUBTOTAL SALESPERSON SHIP TO: SALES ORDER NUMBER $20.00 BART HECKMAN CITY OF CARMEL FIRE DEPT SHIPPING 312-705 -9572 GARY CARTER SALES 2 CARMEL CIVIC SQ JVV4161 TAX $0.00 barthec@cdwg.com CARMEL IN 46032 INVOICE $760.00 AMOUNT CDW GOVERNMENT, INC. AN ILLINOIS CORPORATION FEIN 36- 4230110 111111111111111111111111114111111111 El 1111111111111111111 Ifil 11111111111111 IN AMOUNT DU $760.00 CDW Government, Inc. "CDIiI 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 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 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 fight 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 in 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. 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 reement'. 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 SUPPr IERS, 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 teens UPON BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY OF LIABILITY; contained in the'Tenns 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 entirely 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 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 Inforrnalion" means any information the case of nonpayment. neither party may institute any action in any term 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 part under these Terms and Conditions are cumulative, are In addition to, and do riot 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 no obligation of confidentiality It 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 durinr shipment pass from Seller to employees or subcontractors of the receiving party who have riot had access to such information. To the extent Customer upon delivery to the carrier F.O.B. Origin, freight collect). For all of er 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 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 full. Customer authorizes Seller to file a financing statement reflecting such security interest and, it 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 (f) 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 of otherwise in connection with this Agreement of the applicable lot 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. errns 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 tie 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 ore -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 casts 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 riot received as described above, Seller reserves the right to suspend Services until payment is received. Relurn Privileges To obtain Seller's return policy. Customer should contact COW Customer Relations at 866.SVC.4CDW or email Export Sales at CustomeiRelationsncdw.corn Customer must notify COW 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 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 tart 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 P n ee r, i< rehdnn no the mamdarhuer's cnerifirntinns nnly and is not relvinn no any statements. Statement of Work or the breach. termination or validity thereof. the relationships which result from these Terms W u The Righ(Technology. Righ(Away. 02/15/2008 JLK7691 NET 30- VERBAL GOVT 03/16/2008 VISIT COWG ON THE INTERNET www.odw .Com OUR PART NO. DESCRIPTION QTY QTY QTY ORD SHIP B/O UNIT PRICE TOTAL 951783 HP Li 3052 19PPM 8.5X15 NO FAX 1 -1 0 $387.00 387.00 Manufacture Part Number: 06502A#ABA Serial Number: SCNRK160768 Dear Valued Customer, We encourage you,to utilize this credit memo on your next order,_ from CDW. Failure utilize this credit memo'within•1 year from 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 $-387.00 02/12/2008 DHL Ground RMA 005201149 A GARY 6676598 SUBTOTAL SALESPERSON SHIP TO: ORIGINAL INVOICE NO. SHIPPING $0.00 BART HECKMAN CITY OF CARMEL FIRE DEPT 312 705 -9572 GARY CARTER JKG2853 SALES $0.00 2 CARMEL CIVIC SQ TAX' barthec@cdwg.com CARMEL IN 46032 INVOICE AMOUNT $-387.00 CDW GOVERNMENT, INC. AN ILLINOIS CORPORATION FEIN 36- 4230110 IIII�III IIIIIIIIIIIIIIIIIIIIIIIIIIIII IIII1111111111111111111111IEI11111111IN 387.00 CDW Government, Inc. "CDW -G Terms and Conditions of Sale TM1S Ri9Fl )�cFnnle•y RigM1f Iwey. 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 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 of 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 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, 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. 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 Terns and Conditions constitute a binding contract between Customer and Seller and are relerred to Limitation of Liability herein as either Terns and Conditions' a fit 5 A'', eemen'. 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 otter with Seller or shopping on Seller's Website (the'Site') or otherwise REMEDY SET FORTH HEREIN, WILL SELLER, ITS AFFILIATES OR ITS OR THEIR SUPPLIEC3, SUBCONTRACTORS requesting products (the "Produri a 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 caoifalized terms are aelined 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 conddions contained in any suci; 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' hnk at www.cd 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 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 SOf7WARE. 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 (8) $50,000.00. Ri:GARO TO CONFLICTS OF LAWS RULES. ANY ARBITRATION. ENFORCEMENT OF AN ARBITRATION OR I ;;.TIOPI'1411 W BROUGHT EXCLUSIVELY IN COOK COUNT`! !Lt INOIS, AND CUSTOMER CONSENTS TO Confidential Information NEJi1 -,1 ;I t1CPCN Or Ill' FEDFRAI AND STATE COURTS LOCATED THEREIN. SUBMITS 10 THE JURISDICTION Each party anticipates that it may he necessary tc provide access to information of a confidential nature of such Tr +LRR)r AND WAIVES !H[ RIGHT TO CHANCE VENUE. CUSTOMER FURTHER CONSENTS TO THE EXERCISE paty, the Affiliales or a third party (hereinafter referred to as Confidential IfIfpnmation') to the other party in Of PERSONAL JURISDICTION RY ANY SUCH COURT WI l H RESPECT TO ANY SUCH PROCEEDING Except m the performance of this Agreement and any Statement of Work. "Confidential Information" means any information the case of nonpayniem. neither party may instrhde any action in anv form arising out of these Terms and or data in oral, electronic m written form which the receiving parry 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 curnufative, are in addition to, and do not limit or prejudice any other right may have access to in correction with this Agreement, including but riot limited to the terms and conditions or remedy ;mailable at law or in equity. of each Statement of Work. Confidential Inforinnon 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.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 rsk of less or damage during shipment pass from Seller to Customer upon delivery to the specified destination the time of disclosure or as promptly thereafte as passible, 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 Confidenbaf Information will not be evidence That such information is not confidential or protectable. the applicable licensor(s). and Cuslorners rights therein are contained in the license agreement between such lictu sor(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 fub Customer authorizes Seller to file a financing statement reflecting such security interest and, if requested. following the date of disclosure and to o so in it 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 riot prepaid by Customer), including shipping charges Statement of Work, or (ii) to its business, legal and financial advisors, each an 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 wi0 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. 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, If a receiving party is required by law, rule or regulation, of 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 aulhoriti. to disclose Confidential Information of the other party, the Customer agrees to pay interest on all past -due Burns 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 life 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 riot limited to, court costs, liling fees and attorneys' fees. In addition, treatment of the Confidential Information so disclosed. rI payments are riot receiv as described above. Seller reserves the right to suspend Services until payment is ccewed Return Privileges To obtain Seller's return policy, Customer shoo d contact COW Customer Relations at 866.SVC.4CDW or email Export Sales at CustomerRelations4cdw.com Customer must notify COW 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 COW BERBEE, CUSTOMER SHOULD subject to the Export Administration Regulations, such items were exported front 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 jaw 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 1'he Right Technology 1 Right AaaV.11 02/19/2008 JLZ3833 NET 30- VERBAL GOVT 03/2012008 VISIT CDWG ON THE INTERNET www.cdwg.com OUR PART NO. DESCRIPTION QTY QTY QTY UNIT PRICE TOTAL ORD SHIP B/O 951783 HP LJ 3052 19PPM 8.5X15 NO FAX 1 -1 0 $387.00 387.00 Manufacture Part Number: Q6502A#ABA Serial Number: SCNRK703552 Dear Valued Customer, We encourage you.to,utilize,this,credit.memo on,your next order. from CDW: Failure to utilize this credit`mernowithin 1 year from 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. om ORDER DATE SHIP VIA PURCHASE ORDER NO. CUSTOMER NO. PRODUCT 02/07/2008 DHL Ground RMA 005201157 A GARY 6676598 SUBTOTAL 387.00 SALESPERSON SHIP TO: ORIGINAL INVOICE NO. SHIPPING $0.00 BART HECKMAN CITY OF CARMEL FIRE DEPT 312 705 9572 GARY CARTER JJK2778 SALES $0.00 2 CARMEL CIVIC SQ TAX barthec @cdwg.com CARMEL IN 46032 INVOICE AMOUNT 387.00 CDW GOVERNMENT, INC. AN ILLINOIS CORPORATION FEIN 36- 4230110 IIIIIIIIIII�IIIII�II IIIII IIIIIIIIIIII IIIIIIII 11111111111111111111111111111 IN 387.00 CDW Government, Inc. "CDW -G Terms and Conditions of Sale Tlw to Twclmelepr Riplrl Awap. THE TERMS AND CONDITIONS ARE LIMITED TO THOSE CONTAINED HEREIN AND THE ADDITIONAL TERMS Seller will not be responsible for and no liability E hall result to Seller or any of its Affiliates for any delays in AND CONDITIONS CONTAINED IN THE AND CONDITIONS" LINK AT WWW.CDW.COM INCORPORATED delivery or in performance which result from any rircmnstances 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 relays. delays due to fire, severe weather conditions, failure ADDITIONAL OR DIFFERENT TERMS OR CONDITIONS IN ANY FORM DELIVERED BY YOU "CUSTOMER ARE of pourer, 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 esti mates 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 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 disco rfinuation, 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. 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 Terns and Conditions constitute a binding contract between Customer and Seller and are referred to Limitation of Liability herein as eithei'Terms and Conditions` or this'Agieernenl'. Customer accepts these Terms and Condilions 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 Sellers Website (the'Sne') or otherwise REMEDY SET FORTH HEREIN, WILL SELLER, ITS AFFILIATES OR ITS OR THEIR SUPPLIEE3, SUBCONTRACTORS requesting products (the "Products or engaging Seller to perfonn or procure any Services (as this and all OR AGENTS BE LIABLE FOR: (A) ANY INCIDENTAL, INDIRECT. SPECIAL, PUNITIVE OR CONSEQUENTIAL canitabzed ter ins air, 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.corn 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 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 Govemfng 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 LA'IVS RULES. ANY ARBITRATION, ENFORCEMENT OF AN ARBITRATION OR i n ;,,,iT!QN Wit I :i! BROUGHT EXCLIISIVEI.Y IN C:UOK COUNTY ILLIN01S. AND CUSTOMER CONSENTS TO Confidential Information J'UFdS01CT!ON 01 I HL FEDERAL AND STATE COURTS LOCATED THEREIN, SUBMITS "10 THE JURISDICI ION Earh party anticipates that it may be necessary to provide access to information of a confidential nature of such T HEREOt ATM WAIVCS I HE RIGHT TO CHANGE VENUE. CUSTOMER FURTHER CONSENTS TO THE EXERCISE party, tire Alfihates or a third party (heieinalter referred to as "Confidential Information to the other party in OE PERSONAL JURISDICTION BY ANY SUCH COURT WITH RESPECT TO ANY SUCH PROCEEDING. Except m the performance of this Agreement and any Sta'ement of Work. "Confidential Information' means any information the case. of nonpayment. neither neither party may institute any action in any form arising out of these Terms and or data in oral, electronic or written form which Ire receiving party knows or has reason to know is proprietary Condilions mare 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 Lass the receiving party from a third party having the right to disclose it and having no obligation of confidentiality It 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 aril risk of loss or damage durin shipment pass torn Seller to Customer upon delivery to the specified destination the time of disclosure or as promptly thereafter as possible, however, failure to so identify m 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 protectahle. the applicable ficensoi(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 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 an a confidential basis. Each party that are billed to Seller as a result of using Customer's carrier rees account number. Terms of payment are within ag 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 +:he applicable Statement of Work. Upon the written request of wid pay for the Services in file 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 inteiest 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 rale allowed by law. In the event of a payment default. Customer will be responsible for all of an appropriate protective order or similar protect ve measure and will use reasonable efforts to obtain confidential Seller's costs of collection. including, but riot limited to, court costs, filing fees and attorneys' fees. In addition, treatment of the Confidential Information so dis dosed. 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 CustomerRelations(mcchus&M Customer must notify COW Customer Relations of any damaged Products If 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 Export Ad mini sti Regulations. such items were exported hour 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 clainn, dispute, or controversy (whether in c)ntract, 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 VOUCHER NO. WARRA NO. CDW -G ALLOWED 20 IN SUM OF 75 Remittance Drive Chicago, IL 60675 $894.00 ON ACCOUNT OF APPROPRIATION FOR Carmel Fire Department PO# Dept.# INVOICE NO. ACCT #iTITLE AMOUNT Board Members JJK2778 102- 632.01 $454.00 1 hereby certify that the attached invoice(s), or jkg2853 102 632.01 $454.00 bill(s) is (are) true and correct and that the jkn4631 102 632.01 $760.00 materials or services itemized thereon for jlk7691 102 632.01 ($387.00) JLZ3833 102 632.01 ($387.00) which charge is made were ordered and received except 'Z 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)) 02/07/08 JJK2778 Printer Sta. 41 $454.00 02/12/08 jkg2853 Printer Sta. 46 $454.00 02/13/08 jkn4631 Printer Sta. 41, 46 $760.00 02/15/08 jlk7691 CREDIT FOR RETURN ($387.00) 02/19/08 JLZ3833 CREDIT FOR RETURN ($387.00) 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