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HomeMy WebLinkAbout156514 02/21/2008 CITY OF CARMEL, INDIANA VENDOR: 033825 Page 1 of 1 ONE CIVIC SQUARE CDW GOVERNMENT INC CARMEL, INDIANA 46032 75 REMITTANCE DR CHECK AMOUNT: $415.00 SUITE 1515 CHECK NUMBER: 156514 CHICAGO IL 60675 -1515 CHECK DATE: 2/21/2008 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 1115 4238000 JFW8535 380.00 SMALL TOOLS MINOR E 1120 4237000 JG20032 35.00 REPAIR PARTS r The Right Technology. INVOICE DATIE INVOICE 3 ANV TERMS y.Ta 01128/2 0 0 8 JFW8535 NET 30 Days- Govt/State -Local 0212712008 VISIT CDWG ON THE INTERNET OUR PART NO. DESCRIPTION QTY QTY OTY UNIT PRICE TOTAL ORD SHIP B10 1282014 SAITEK ECLIPSE II KEYBOARD 6 6 C $62.00 $372.00 Manufacture Part Number: PK02U 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 @cd .com ORDER DATE SHIP VIA PURCHASE ORDER NO. CUSTOMER NO. PRODUCT $372.00 01/2512008 i DROP SHIP GROUND JANET01252008 1674420 SUBTOTAL SALESPERSON SHIP TO: SALES ORDER NUMBER SHIPPING $8.00 BART HECKMAN CITY OF CARMEL 312 705 9572 TERRY CROCKETT SALES 3 CIVIC SCI JRG2954 TAX $0.00 barthec @cdwg.com CARMEL IN 46032.2584 INVOICE $380.00 AMOUNT I CD I W GOVERNMENT, INC. AN ILLINOIS CORPORATION FEIN 36- 4230110 AMOUNT DU $380.00 ��re 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 anti 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 tire, 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 dales 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 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 diseontinuafion. PrO hart unavailability, manufacturer AND CONDITIONS UNLESS CUSTOMER AND SELLER HAVE SIGNED A SEPARATE AGREEMENT FOR THE Wice changes, supplier price changes and errors to 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 lu €fill Customer's orders 11 Services are being performed on a time and materials basis, any estimates provided by Seller are for planning purposes only. Important Information About These Ternis and Conditions These Perms 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'Aggreement'. 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 Sel €er 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 proposes only, Additional or different terms and OTHERWISE FORESEEABLE, IN EACH CASE, WHETHER A CLAIM FOR ANY SUCH LIABILITY IS PREMISED conditions comained in any such purchase order will he null and void. This Agreement including the terms UPON BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY OF LIABILITY: contained in the'Ternts and Conditions" link at vwww.ctlw corn whurh 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 anhrefv any add all prior communications and contemporaneous OR RECOMMENDATIONS BY SELLER OR ITS AFFILIATES BASED ON, RESULTING FROM, ARISING OUT OF ayreernents and underslandings, whether oral, written, elertronlc or implied, if any, between the parties with OR OTHERWISE RELATED TO THE PRODUCTS OR SERVICES; OR (D) ANY UNAVAILABILITY OF THE PRODUCT respell 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 1 HESE TERMS AND CONDITIONS, ANY STATEMENTS OF WORK.'THE SERVICES HEREUNDER AND ANY SALE AMOUNT PAID BY CUSTOMER FOR THE PRODUCT(SI GIVING RISETO THE CLAIM OR THE SPECIFIC SERVICES OF PRODUCTS HEREUNDER WILL BE 06 BY THE LAWS OF THE STATE OF ILLINOIS, WITHOUT GIVING RISFTOTHE CLAIM; OR (B) $50,010.011. REGARD TO CONFLICTS OF LAWS RULES. ANY ARBI[RAI ION, ENFORCEMENT OF AN ARBITRATION OR LITIGATION WILL BE BROUGHT EXCLUSIVELY IN COOK COUNTY, ILLINOIS, AND CUSTOMER CONSENT'S TO Confidential Information THE JURISDICTION Or THE FEDERALAND STATE COURTS LOCATED THEREIN, SUBMITS TO THFJURISDIC'TION 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 third party (hereinafter referred to as 'Confidential information") no 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 hnfonration" means any informaton the case of nonpayment, neither party may institute any action in any farm 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 often the cause of action has arisen. The lights and remedies provided Seller or confidential and which is disclosed by a party inecrarechon with this Agreement or %vin ch 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 coonect'mn 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 wife ma':lon 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 tram a third party having the right to disclose it and having no obligation of conddendality h Customer provides Sauer rvrfth Customer's carrier account number or selects a carrier other than a carrier that to the disclosing party with respect to the applic3bte Information, er (c) is independently developed by agents ragulariy ships for Seller, title Io Products and risk of loss or damage during shipment pass from Seller to employees or subcontractors of the receiving party who have net had access to such information. To the extent Customer upon delivery to the carrier (F.O.B. Origin, freight collect) For all other shipments, title to Products practicable. Confidential Information should be ideally identified or labeled as such by the disclosing party at and risk at loss or damage during shipment pass from Seller to Customer upon delivwyto the specified destination the time of disclosure or as promptly thereatlei as possible. however, failure to so identify or Zabel such as (F.0 B, Destination, freight prepaid and added). Notwithstanding the foregoing. file to software will remain with Confidential Information will not be evidence that such information is not confidential or pialeclable the applicable licensor(s). and Customer's rights Iherein are contained in the license agreement between such Ilcensor(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 ronfldential for a period of three (3) years full, Customer authorizes Sutler to tilt a financing statement retecting such security interest and, if requested, following the date of disclosure and to do so in a mariner at least as protective as It holds it's own Confidential Customer will record such purchase honey security interest on its books. Information of like kind but to use no less than x reasonable degree of care. Disclosures of the other patty'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 10 pay the total purchase price of providing or receiving the Products or Services nr otherwise in connection with Iris Agreentenloi the applicable lei Inc Products plus shipping (to the extent shipping is not prepaid by Customer), mciUding shipping charges Statement of Work, or (l) to Its business, legal and financia€ advisers, 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 Ifle other party or for any purpose other than the business Seller's sole diecietion. In connection with Services being performed pursuant to a Statermerd 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 III accordance with any payment schedule set forth in the applicabie a party, the older party will either return or Certify the destruction of file Confidential Information of the other Statement at Work. If no priVii 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 comhnuing 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 Seiler may invoice Customer for all of the Services described in a Statement of Work or any portion thereof or by any governmental or regulatory authority, to disclose Confidential Information of the other party, the Customer agrees to pay interest on all past -due sums at the lower of one and one -half percent (1.5 per month receiving party will give the disclosing party prompt notice of such request so that the disclosing party may seek or the highest rate allowed by law. In the event of a payment default. Customer will be responsihle for all of an appropriate protective order or similar protective measure and will use reasonable efforts to obtain confidential Sellers costs of collection, including, but not €united to.. court costs, filing fees andaltorneys' tees. In addition, treatment of the Confidential Information so disclosed If payments are not received as described above, Seller reserves the right to suspend Services until payment is receivcd Belem Privileges To obtain Seller's return policy. Customer shoultl contact COW Customer Relations at 866,SVC.4CDW or email Export Sales at CustomerR?lalions cdw rbm Customer must notify CDW Customer Relations of any damaged Products If ntrs transaction involves an export of items (including, but not Limited to commodities, sofrivare or technology), within ten (10) days of receipt FOR PRODUCTS PURCHASED FROM CDW BERBEE, CUSTOMER SHOULD s.i) lect to the Export Adminlsirahon Regulations, such Rams were exported from the United States by Seller in CONTACT ITS BERBEE ACCOUNT MANAGER FOR SPECIFIC BERBEE RETURN POLICIES. accordance ,vial the Export Adminlstrafion Regulations. Diversion contrary to United States taw Is prohibited. Arbitration Warranties Any claim, dispute, or controversy (whether in contract, tart or otherwise, whether preexisting, present or future, Curstomer undersands 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 anI the only warranties offered are those of the manufacturer, col Seller or its Affiliates. In purchasing the relating to the Products, the Services, the interpretat'mn or application of these Terms and Conditions or any VOUCHER NO. WARRANT NO. ALLOWED 20 CDW Government, Inc IN SUM OF 75 Remittance Drive, Ste 1515 Chicago, IL 60675 $380.00 ON ACCOUNT OF APPROPRIATION FOR Carmel Clay Communications PO# Dept.# INVOICE NO. ACCT #(TITLE AMOUNT Board Members JFW8535 42- 380.00 $380.00 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 Tuesday, February 12, 2008 Director Title I Cost distribution ledger classification if claim paid motor vehicle highway fund i V 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)) 01/28/08 I JFW8535 I I $380.00 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 ti The Right Technology. RightAwayJ" 02/01/2008 JGZ0032 NET 30- VERBAL GOVT 03/02/2008 VISIT CDWG ON THE INTERNET OUR PART NO. DESCRIPTION ORD SHIP B/O QTY QTY O UNIT PRICE TOTAL 456835 KONICA OMS WASTE TONER 25000 PRINTS 1 1 0 $28.00 $28.00 Manufacture Part Number: 1710522 -001 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. CUSTOMER NO. 01/30/2008 DHL Ground SALLY LAFOLLETTE 6676598 PRODUCT $28.00 SUBTOTAL SALESPERSON SHIP TO BART HECKMAN CITY OF CARMEL FIRE DEPT SALES ORDER NUMBER SHIPPING $7.00 312 705 -9572 SALLY LAFOLLETTE 2 CARMEL CIVIC SO 06 SALES JSC62 TAX $0.00 barthec@cdwg.com CARMEL IN 46032 INVOICE $35.00 CDW GOVERNMENT, INC. AN ILLINOIS CORPORATION FEIN 36- 4230110 AMOUNT 111 IN AMOUNT DUE $35.00 CDW Government, Inc. "CDWoG'•) 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 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 of 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 rovided 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 enois in advertisements. All orders are subject to Product availability PROVISION OF PRODUCT OR PERFORMANCE OF SERVICES, IN WHICH CASE THE SEPARATE AGREEMENT and the availability of Personnel to perform the Services. Therefore. Seller cannot guarantee that it will be able WILL GOVERN. to fulfill Customer's orders. It Services are being performed on a time and materials basis, any estimates provided by Seller are for planning purposes only. Important Information About These Terms and Conditions These Terms and Conditions constitute a binding contract between Customer and Seller and are referred to Limitation of Liability herein as either "Terms and Conditions' or this 'Agreement' Customer accepts these Terms and Conditions by UNDER NO CIRCUMSTANCES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY making a purchase from or placing an order vaith 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 CONSEDUENTIAL capitalized terms are defined herein). DAMAGES INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, BUSINESS, REVENUES OR SAVINGS EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES OR IF SUCH DAMAGES ARE Customer may issue a purchase order for administrative purposes only. Additional or different terms and OTHERWISE FORESEEABLE, IN EACH CASE, WHETHER A CLAIM FOR ANY SUCH LIABILITY IS PREMISED conditions contained in any such purchase order will be null and void. This Agreement including the terms UPON BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABLITY OR OTHER THEORY OF LIABILITY; contained in the "Terms and Conditions' link at www.cdW.coni which Customer acknowledges and agrees are (B) ANY CLAIMS. DEMANDS OR ACTIONS AGAINST CUSTOMER BY ANY THIRD PARTY; (C) ANY LOSS OR inco posted 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, it any, between the parties with OR OTHERWISE RELATED TO THE PRODUCTS OR SERVICES; OR (0) ANY UNAVAILABILITY OF THE PRODUCT respect to tfie 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) $50,000.011. REGARD TO CONFLICTS OF LAWS RULES. ANY ARBIT RATION, 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 'eferred to as Confidential Information to the other party in OF PERSONAL JURISDICTION BY ANY SUCH COURT WITH RESPECT TO ANY SUCH PROCEEDING. Except in the performance of this Agreement and any Statement of Work. 'Confidential Information" means any information the case of nonpivment, neither party may institute anv 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 (11 year after the cause of action has arisen. The rights and remedies provided Seller or confidential and which is disclosed by a party in connection with this Agreement or which the receiving party under these Terms and Conditions are cumulative, are in addition to. and do not limit or prejudice any other right may have access to in connection with this Agreement, including but not limited to the terms and conditions or remedy available at law or in equity. of each Statement of Work. Confidential Information will not include information Which: (a) becomes known to the public through no act of the receiving party: (b) was known to the receiving party, or becomes known to Title: Risk of Loss the receiving party from a third party having the right to disclose it and having 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 paty 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, lailure to so identify or label such as T.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 prolectahle. the applicable Iicensor(s). and Customer's rights therein are contained in the license agreement between such ucensorlsl and Customer. A purchase money security interest is retained fn 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 rel]ecling such security interest and. it requested. following the date of disclosure and to do so in a mariner at least as protective as it holds it's own Confidential Customer will iecod 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 (ri) 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 paymerA are within agrees not to use any CConfidential Information of the other party or for any purpose other ttian 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 tine written request of will pay for the Services in the amounts and in accordance will) 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 Wok. If no payment schedule is provided, Customer will pay for the Services as invoiced by Seller. party. Invoices are due and payable within the [fine period specified on the invoice, measured from the date of invoice, subject to continuing credit approval by Seller. Seller may invoice Customer separately for partial shipments, If a receiving party is required by law, rule or regulation, or requested in any judicial or administrative proceeding and Seller may invoice Customer for all of the Services described in a Statement of Work or any portion thereof, or by any governmental or regulatory authority, to disclose Confidential Information of the other party, the Customer agrees to pay interest on all past -due sums at the lower of one and one -half percent (1.5%) per month receiving party will give the disclosing party prompt notice of such request so that the disclosing party may seek or the highest rate allowed by law. In the event of a payment default, Customer Will be responsible for all of an appropriate protective order or similar protective measure and will use reasonable efforts to obtain confidential Seller's costs of collection, including, but not limited to, court costs, filing fees and attorneys' fees. In addition, treatment of the Confidential Information so disclosed. if payments are not received as described above, Seller reserves the right to suspend Services until payment is received, Return Privileges To obtain Seller's return policy, Customer should contact COW Customer Relations at 866.SVC.4CDW or email Export Sales at Custom .r R .Iati ns Iw..om 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 tie Export Administration Regulations, such items were exported hoof 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 cairn. dispute, or controversy (vdheiher in contract, tort or otherwise, whether preexisirng. 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 torl and equitable claims) arising from or and] the only warranties offered are those of the manufacturer, not Seiler or its Affiliates. In purchasing the relating to the Products. the Services. the interpretation or application of these Terms and Conditions or any Prescribed j�tate Board of Accounts ACCOUNTS PAYABLE VOUCHER City Form No. 201 (Rev. 1995) 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)) Total 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 VOUCHER NO. WARRANT NO. ALLOWED 20 IN 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 Sig atur Cost distribution ledger classification if Title claim paid motor vehicle highway fund