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156115 02/06/2008 a CITY OF CARMEL, INDIANA VENDOR: 033825 Page 1 of 1 b ONE CIVIC SQUARE CDW GOVERNMENT INC CARMEL, INDIANA 46032 75 REMITTANCE OR CHECK AMOUNT: $70.00 SUITE 1515 CHECK NUMBER: 156115 CHICAGO IL 60675 -1515 CHECK DATE: 216/2008 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 1115 4238000 JBJ4286 70.00 SMALL TOOLS MINOR E I A� (r 'Ile Rig]iI "rcchnoingy. DATE INVOICE Right,lway "I t. VISIT CDWG ON THE INTERNET 01112/2008 JBJ4286 NET 30 Days- GovUState -Local 02111!2008 OUR PART NO. DESCRIPTION STY STY QTY ORD SHIP B/0 UNIT PRICE TOTAL 1282014 SAITEK ECLIPSE II KEYBOARD 1 1 0 $62.00 $62.00 Manufacture Part Number: PK02U CH INFORMATION: THE NORTHERN TRUST ROUTING NO.: 071000152 50 SOUTH LASALLE STREET ACCOUNT NAME: COW GOVERNMENT INC CHICAGO, IL 60675 ACCOUNT NO.: 91057 HAVE QUESTIONS ABOUT YOUR ACCOUNT? PLEASE EMAIL US AT: credit @cdw. om ORDER DATE SHIP VIA PURCHASE ORDER NO. CUSTOMER NO. PRODUCT 01/11/2008 DROP SHIP- GROUND COMMUNICATIONCENTER 1674420 SUBTOTAL $62.00 SALESPERSON SHIP TO: SALES ORDER NUMBER SHIPPING $8.00 BART HECKMAN CITY OF CARMEL 312- 705 -'9572 JANET JNM2819 SALES $0.00 31 1ST AVE NW TAX barthec@cdwg.com CARMEL IN 46032 -1715 INVOICE AMOUNT $70.00 CDW GOVERNMENT, INC. AN ILLINOIS CORPORATION FEIN 36- 4230110 111111111111111111111111111111111111111111111111111111% 1111111111111111111111111111111 AMOUNT DUE $70.00 COW 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 Sailer 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 im performance which result from any circumstances beyond Seller's reasonable control, including. HEREIN BY REFERENCE. ANY TERMS NOT DEFINED HEREIN ARE DEFINED AT WWW.CDW.COM. ANY but not limited to, Product unavailability, carrier delays, delays due to lire, severe weather conditions- failure ADDITIONAL OR DIFFERENT TERMS OR CONDITIONS IN ANY FORM DELIVERED BY YOU "CUSTOMER") ARE of power, labor problems, acts of war, terrorism, embargo, acts of God or acts or laws of any government or HEREBY DEEMED TO BE MATERIAL ALTERATIONS AND NOTICE OF OBJECTION TO THEM AND REJECTION agency. Any shipping dates or cor letlon 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 COW AFFILIATE FDENTIFED ON THE Pricing Information; Availability Disclaimer INVOICE, STATEMENT OF WORK OR OTHER COW DOCUMENTATION "SELLER TO PROVIDE PRODUCT OR Seller reserves Inc right to snake adjustments to pricing, Products and Service offerings for reasons incduding, 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, €nanufacWrer 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'd still he able WILL GOVERN. to fulfill Customer's orders. If Services are bring 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 bind'mg contract between Customer and Seller and are referred to Limitation of Liability herein as edher'Terms and Conditions' or this "A reenrent CnSlmner accepts these Terms and Conditions by UNDER NO CIRCUMSTANCES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY snaking 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 SUPPI IERS. SUBCONTRACTORS requesting products (the "Products or engaging Seiler to perform or procure any Services (as this and all OR AGENTS BE LIABLE FOR: (A) ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL capitalized 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 our and void. This Agreeme it including the terns UPON BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABLITY OR OTHER THEORY OF LIABILITY; contained in the "Terms and Conditions" link at v:wvr.cdw.com ,which Customer acknowledges and agrees are (B) ANY CLAIMS. DEMANDS OR ACTIONS AGAINST CUSTOMER BY ANY THIRD PARTY; (C) ANY LOSS OR ncorpmated herein by reference contains the entire understanding of the parlies wilt 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 commtmlcations and contemporaneous OR RECOMMENDATIONS BY SELLER OR ITS AFFILIATES BASED ON, RESULTING FROM, ARISING OUT OF agreements and understandings. wholher 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 hereo; 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 7ERh4S AN[) 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 Inlormation 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 at a confidential nature of such THEREOF AND WAIVES THF.RIGHTTO 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 PFRSONAL JURISDIGTION BY ANY SUCH COURT WITH RP.SPFCTTO ANY SUCH PROCEEDING_ Except in the pertormance of this Agreemeutand any Statement of Work. 'Confidential mfounatior," means any information the case of uonpaymemt neither party may inshtme any action in any farm arising out of these Terms and or data In oral, electronic or written foul which the receiving party knows or has reason to know is prap,retany Condemns o'cre than ono (1) year after the cause of action has arisen, The tights and remedies provided Seller or confidential and which is disclosed by a party ill cmulrUion with this Agreement of rrinch tine receiving parly odder Ihese 1'efmS and Gpndib011e are crinulahve, are in addition to and do not limit of prejudice any other right may [lave access to in connection with thus Agreement, htchidhlg but net limited to the ter Ins and Conditions a reniedv available at law nr in equity_ of each Statement of Work, Confidential I Later mation will not include infermailer, v,hich: (a) becomes known to the public through no act of the receiving party: (b) was known to the receWUg 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 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 independenny developed by agents regularly ships for Seiler, 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 irlormation. To the extent Cusfemer upon delivery to the carrier (F.O.B. Origin, freight collert). For all other shipments, title to Products practicable, Confidential Information should be clearly identified or labeled as such by the disclosing party at and iisk of loss or damage during shipment pass from Sellerto Customer upon delivery to the specified destination the lime of disclosure or as promptly thereafter as possible. however, failure to so Identify or label such as (F.O.B. Destination, freight prepaid andaddad). Notwithsiandingtheforegoing ,titletosoftwarewiltremainwith Confidential Information will not be, evidence that such information is not confidential or fnntectable- the applicable Ilcensor(s), and Cuslomer's rights therein are contained to the license agreement between such licensri and Customer. A pmchast money security interest is retained in the Products to secure payment in Each party agrees to hold the other party's Confidential information corifidential for a period of three (3) Veers full. Customer authorizes Sollerto file a financing statement reflecting such security Interest and. If requested, fallowing the date of disclosure and to do so in a manner at least as protective as It holds It's oWm Confidential Customer will record such purchase money security Interest on its books. Information of like kind but to Lisa na less than a reasonable degree of care. Disclosures of Ina other path's Confidential Information will he restricted H) to those individuals who are parlicipatiug in the performance of Payment his Agreement or the applicable Statement of Work and need to know such Confidential Information for purposes Oi ders are not binding apan 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 app €icahle for the Products plus shipping (to the extent shrplLntl is not prepaid by Cuslorner including shipping charges Statement of Work, or (ii) to its business, legal and financial advisors, each on a conhdentiaf basis. Each party that are billed to Seller as a result of using Customer's carrier account number. 4 orms 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 discretion. In connection with Services being performed pursuant to a Statement of Work, Customer purposes contemp[aled Icy this Agreement and the applicable Statement o1 Work Upon the written request of will pay far lire Services in the amounts and in accordance with any payment schedule set forth fn 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 fire rime period specified on the invoice, measured Iron the date of Invoice, subject to continuing credit approval by Seller. Seller may Invoice Customer separately for partial shipments, It 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 or the Services described fn a Statement of Work orany per 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°x6) 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 Sellar's costs of collection, including, but not limited to, Court costs, filing lees and attorneys' fees. In addition, treatment of the Con lidential Infounation so disclosed. it payments are not received as described above, Sakai reserves the right to suspend Services until payment is ieceived. Return Privileges To obtain Seller's return policy, Customer should contact CDW Customer Relations at 866.SVC.40OW m ounall Export Sales at C rsfomerR.lation A clw court Customer must notify COW Customer Relations of any damaged Products It this transactio involves Reexport at items (including, but not limited to cornnnditles, Safiware ortechnology). within ten (E01 days of receipt. FOR PRODUCTS PURCHASED FROM CDW BERBEE, CUSTOMER SHOULD subj to the Export Admfnistratron Regulations, such items were exported from the United States by Seller in CONTACT I S BERBEE ACCOUNT MANAGER FOR SPECIFIC BERBEE RETURN POLICIES accordance with the Export Adminislration Regulations. Diversion conitary to United States law is prohibited. Arbitration Warranties Any claim, dispute, or controversy (whether in contract, torl or otherwise, whether preexisting, present or future, Costumer understands that Seller is not the manufacturer of The Products purchased by Customer hereunder and including, but not hutted to, statutory, common law, intentional tort and equitable claims) ansing from or and the only warranfies offered are those of the manufacWrer, not Seller or its Affiliates. In ptuchasfng the relating to the Products, the Services, the interpretation or application of these Terms and Conditions or any un,d nastomer is reivioa nn the manufartirrer'c snerifirnfinns only and is not relvinn on anv statements. Statement of Work or the breach, terminafion orvalidily ireveof, the relationships which result from these Terms VOI.' C HER NO. WARRANT NO. ALLOWED 20 CDW Government, Inc IN SUM OF 75 Remittance Drive, Ste 1515 Chicago, IL 60675 $70.00 ON ACCOUNT OF APPROPRIATION FOR Carmel Clay Communications Po# Dept.# INVOICE NO. ACCT /TITLE AMOUNT Board Members JBJ4286 42- 380.00 $70.00 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 Thursday, January 31, 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. �95� 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)) 01/12/08 I JBJ4286 I I $70.00 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