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Home My WebLink About198087 06/06/2011 CITY OF CARMEL, INDIANA VENDOR: 097251 Page 1 of 1 E 4� ONE CIVIC SQUARE FISHER SCIENTIFIC CHECK AMOUNT: $139.93 CARMEL, INDIANA 46032 ACCT 955034 -001 13551 COLLECTIONS CENTER DRIVE CHECK NUMBER: 198087 CHICAGO IL 60693 CHECK DATE: 6/612011 DEPARTMENT ACCOUNT P NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 601 5023990 1596455 139.93 OTHER EXPENSES REMIT TO: INQUIRE AT: (800) 766 -7000 D- U- N -S -00- 432 -1519 0 Fisher Scientific ACCT# 955034 -001 4500 TURNBERRY DRIVE FEIN 23- 2942737 13551 COLLECTIONS CTR DR HANOVER PARK IL ORIGINAL INVOICE PartoEThermo Fisher Sciencrfic CHICAGO IL 60133 60693 PLEASE REFER TO THIS INVOICE NUMBER ON YOUR REMITTANCE CUSTOMER PURCHASE ORDER NUMBER RELEASE NUMBER INV. DATE JF4/28/11 04/29/2011 1596455 ORDER NO. ACCOUNT NO. CSO F.O.B- ORDER ENTRY DATE PAGE I DUPLICATE H11184345 955034 001 CHI SHIPPING POINT 04/28/2011 1 SOLD TO: SHIP TO. INVOICE TYPE: NOR FON CON CITY OF CARMEL THIS IS A 3450 W 131ST ST PARTIAL p; CITY OF CARMEL JAMIE FOREMAN SHITITAF IT WATER UTILITY WATER UTILITY 130 1ST SW AVE CARMEL IN 46074 DUE: 05/29/2011 CARMEL IN 46032 -2009 TERMS: NET 30 DAYS FROM INVOICE DATE, PAYABLE IN U.S. CURRENCY. Ir��l�ll��lll�Ik��l��ll�nllnll��I�nIInluEnlnn�nllll Visit: www.fishersci.com DESCRIPTION CATALOG QUANTITY UNIT PRICE AMOUNT NUMBER SHIPP CALLER- JAIMIE FOREMAN PHONE -317- 733 -2855 SHIPMw—NT-NBR: 001 FROM: -MWD ON 04/29/2011 ORION GEL FILL COM PH ELEC BNC 13 642 249 1 EA 120.88 120.88 LOT OP1 MERCHANDISE SUBTOTAL 120.88 SHIPPING 14.10 SHIPPING -FUEL SURCHARGE 4 TOTAL INVOICE AMOUNT 139.93 FOR YOUR PROTECTION, OUR COMPANY DOE NOT ACCEPT CREDIT CAKD NUMBERS VIA FAC OR EMAIL TELL US ABOUT YOUR RECENT CUSTOMER SERVICE EXPERIENCE BY CO PLETING A SHORT URVEY. THIS S OULD TAKE NO LONG R THAN THREE MINUTES. ENTER THE LINK IN O YOUR BROWSER AND EN ER THE PASSCODE HOWN. http /survey.medallia.com /fishersci PASSCODE: USA- PGH -CS1 PLEASE USE REMIT TO ADDRESS ABOVE AND I CLUDE ACCT See reverse side for complete terms and conditions or visit hftp• /www fishersci com /wos/ portal /CMSTATIC?href= Footer /tandesale 'sp PAST DUE BALANCES ARE SUBJECT TO A FINANCE CHARGE. THIS SHIPMENT WAS DELIVERED IN PERFECT CONDITION AND SIGNED FOR BY THE TRANSPORTATION COMPANY. CONSIGNORS RESPONSIBILITY CEASES UPON DELIVERY OF GOODS TO CARRIER. DO NOT ACCEPT SHIPMENT SHOWING EVIDENCE OF DAMAGE OR SHORTAGE UNTIL AGENT OF CARRIER ENDORSES NOTATION TO THIS EFFECT ON FACE OF TRANSPORTATION RECEIPT. WITHOUT THIS DOCUMENTARY EVIDENCE CLAIM CANNOT BE FILED. SELLER CERTIFIES THAT ALL GOODS (OR SERVICES) COVERED BY THIS INVOICE WERE PRODUCED IN COMPLIANCE WITH ALL APPLICABLE REQUIREMENTS OF SECTIONS 6, 7, AND 12 OF THE FAIR LABOR STANDARDS ACTS OF 1938, AS AMENDED, AND OF THE REGULATIONS AND ORDERS OF THE UNITED STATES DEPARTMENT OF LABOR ISSUED UNDER SECTION 14 THEREOF. NO CREDIT WILL BE ALLOWED FOR MERCHANDISE RETURNED WITHOUT PRIOR AUTHORIZATION. THE PRICES SHOWN ON THIS INVOICE ARE NET OF DISCOUNTS PROVIDED AT THE TIME OF PURCHASE. SOME PRODUCTS MAY BE SUBJECT TO ADDITIONAL DISCOUNTS AGREED UPON BETWEEN THE PARTIES. 714813544001308581 v0010014XD00F7tfC 000187545 TERMS AND CONDITIONS OF SALE Unless otherwise expressly agreed in writing, all sales are subject to the following terms and conditions: GI NF_RAI Fisher Scientific Company L.L.C. ("Seller hereby applicable, Bu may- return the defective Products to Seller with all Seller or its licensor, as the case may be, tenure, all rights and interest in offers for sale to the buyer named on the face hereof "Buyer the costs prepaid by Buyer. Replacement parts may be new or refurbished, software products provided hereunder. products fisted on the Face hereof (the "Products') on the express at the election of Seller. All replaced parts shall become the property of Seller hereby grants to Buyer a royalty -free, non exclusivc, condition that Buyer agrees to accept and be bound by the terms Seller. Shipment to Buyer of repaired or replacement Products shall be nontransferable license, without power to sublicense, to use software and conditions set forth herein. Any provisions contained in any made in accordance with the Delivery provisions of the Seller's 'Perms provided hereunder solely for Buyers own internal business purposes on the document issued by Buyer are expressly rejected and if the terms and Conditions of Sale. Consutnables are expressly excluded from this hardware products provided hereunder and to use the related documentation and conditions in this Agreement differ from the terms of Buyer's warranty. solely for Buyer's own internal business purposes. This license terminates offer, this document shall be construed as a conrrter offer and shall Nonvirhsneading the foregoing, Products supplied by Seller that are when Buyer's lawful possession of the hardware products provided not be effective as an acceptance of Buyer's document. Buyer's obtained by Seller from an original manuf:EUprEr or third parry supplier hereunder ceases, unless career t'erminat'ed as provided herein. Buyer agrees receipt of Products or Seller's commencement of the services are not vvarranred by Seller, but Seller agrees to assign to Buyer any to hold in confidence and not to sell, transfer, license, loan or otherwise provided hereunder will constitute Buyer's acceptance of this warranty rights in such Product that Seller may have from the original make available in any form to third parties the software products and related Agreement. This is the complete and exclusive statement of the manufacturer or third party supplier, to the extent such assignment is documentation provided hereunder. Buyer may not disassemble, decompile contracr between Seller and Buyer with respect to Buyer's purchase allowed by such original manufacturer or third part' supplier, or reverse engineer, copy, modify, enhance or otherwise change or of the Products. No waiver, consent, modification, amendment or in no event shall Seller have any obligation TO make repairs, supplement the software products provided hereunder without Seller's prior change of the terms contained herein shall be binding unless in replacements or corrections required, in whole or in part, as the result written consent. Seller will be entitled to terminate this license if Buyer fails writing and signed by Scher and Buyer. Seller's failure in objecr to of (i) normal wear and tear, (u) accident, disaster or event of force to comply with any term or condition herein. Buyer agrees, upon termination terms contained in any subsequent communication from Buyer will majeure, (iii) misuse, fault or negligence of or by Buser, (iv) use of the of this license, immediately to return to Seller all software products and not be i waiver or modification of the terms set forth herein. All Products in a manner for which they were not designed, (v) causes related documentation provided hereunder and all copies and portions orders are subtler to acceptance in writing by an authorized external to the products such as, but not limited to, power failure or thereof representative of Seller. electrical power surges, (vi) improper storage and handling of the Certain of the software products provided by Seller may be owned by one 'Rl ICI All prices published by Seller (it quoted by Seller's Products or (vii) use of the Products in combination with equipment or or more third parties and licensed to Seller. Accotdingly, Seller and Buyer representatives may be changed at any vine without notice. All software nor supplied by Seller. If Seller determines that Products for agree that such third panics retain ownership of and title to such software prices quoted by Seller or Seller's representatives ace valid for thirt which Buyer has requested warranty- services arc not coveted by the products. The warranty and indemnification provisions set forth herein shall (30) days, unless otherwise stated in writing. All prices for the warranty hereunder, Buyer shall pay or reimburse Seller for all costs of nor apply to software products owned by third poetics and provided Products will be as specified by Seller or, if no price has been investigating and responding to such request ar Seller's then prevailing hereunder. ,,specified or quoted, will be Seller's price in effect at the time of time and materials rates. If Seller provides repair services or L1DlITATION OF LIABILITY Notvitlhstanding anything to the contrary shipment, All prices are subject to adjustment on account of replacement parts that are no, covered by this warranty, Buyer shall pay contained herein, the habiliry of Seller under thesc terms and conditions specifications, quantities, raw materials, cost of production, Seller therefore at Seller's then prevailing time and materials tares. Any (whether by reason of breach of contract, tort, indemnification, or otherwise, shipmenr arrangemcnrs or other terms or condition -s which are not installation, maintenance, repair, service, relocation or alteration to or but excluding liability of Scher for breach of warranty (the sole remedy for part of Sellers original price quounion. of, or other tampering with, the products performed by any person (ir which shall le as provided under WARRANTY above)) shalt not exceed an TANF,S AND OTHEII CHARGES Prices fit the. Producrs eno,y tether than Seller without Seller's prior written approval, or any amount equal to the lesser of (a) the total purchase price theretofore paid by exclude all sales, value added and other taxes and duties imposed use of tepdacenhcnt parts nor supplied b)- Seller, shall immediately void Buyer to Seller with respect to the PTOdrgT(,$) giving rise to such liability or wish respect to the laic, delivery-, or use of any Producrs ern cted and cancel all warranties with respect to the affected Products. (b) one million dollars ($1,600,000). Nom ithsmnding anything m the hereby, all of which taxes and duties must be paid by Buyer. if The obligations created by this ,svarrunr statcnuni to repair Or contrary contained hereiq in no event shall Seller be liable For any indirect, Buyer claims any exemption, Buyer must provide a valid, signed replace a defective Product shall be the sole remedy of Buyer in the special, consequential or incidental damages (including without limitation certificate or letter of exemption for each respective jurisdiction. event of a defective product. Except as expressly provided in this damages for loss of use of facilities or equipment, loss of revenue, loss of TI'.R MS OF PAYNIEN Seller may invoice liuver upon shipment warranty statement, Seller disclaims all other warranties, whether data, loss of profits or loss of goodwill), regardless of whether Seller (a) has for the price and all other charges payable br Buyer in accordance express or implied, oral or written, with respect to the Products, been informed of the possibility of such damages or (h) is negligent. with the terms on the face hereof. If no payment terms are stated including without lincration all implied warranties of merchantability or EXPORT RESTRICT]ONS Royer acknowledges that each Product and any on the face hereof, payment shall be net thirty (30) days from the fitness for any particular purpose. Seller does not warrant that the related software and technology, including technical information supplied by date of invoice, If Buyer fads to pay- any amounts when due, Buyer Products are error -free or will accomplish any particular result. Seller or contained in documents (collectively "Items is subject to export shall pay Seller interest thereon at a periodic rate of one and one- INDEMNIFICATION BY SI JJ+R Seller agrees m indemnify, controls of the U.S. government. The export controls map include, but are half percent (13 per nhonth (or, if lower, the highest rate defend and save Buyer, its officers, directors, and employe=es from and nor limited to, those of the Export Administration Regulations of the U.S. permitted b law), together with al] costs and expenses (including against any and all damages, liabilities, actions, causes of action, suits, Department of Commerce (the "FAR which map restrict or require without. limitariou reasonable attorneys' fees and disbursements and claims, demands, losses, costs and expenses (including wtirhour licenses for the export of Items from the United States and their re- export court costs) incurred by Selier in collecting such overdue amounts limitation reasonable attorney's fees) ("Indemnified Items for (i) from other countries. Buyer shall oomph- with the EAR and all other or otherwise enforcing Seller's rights hereunder, Seller reserves the injury to or death of persons or damage to property to the extent applicable laws, regulations, laws, treaties, and agreements relating to The right to require from Buyer full or partial payment in advance, or caused by the negligence or willful misconduct of Seller, its employees, export, re- export, and import of an fi Item. Buyer shall not, without at other security that is satisfactory to Seller, at any time that Seller agents or representati— or contractors in connection with The obtaining the required license ro do so from the appropriate U.S. beli eves in good faith that Buyer's financial condition does not performance of services at Buyers premises under this Agreement and government. agency; (t) export or re -export any Item, or (i) export, re- export, justify the terms of payment specified. Ali payments shall be made (it) claims that a Product infringes any valid United States parent, distribute or supply any Item to any restricted or embargoed country- of to a in U.S. Dollars, copytight or trade secret, provided, however, Seller shall have no person or entity whose privilege to participate in exports has been denied or DELIVERY- CANCELLATION' OR CHANGES BY BUYER liability under this Section to the extent any such Indemnified Items are restricted by the U.S. government. Buyer shall cooperate fully with Seller in The Products will be shipped to the destination specified by Buyer, caused by either (i) the negligence or willful misconduct of Buyer, its any official or unofficial audit or inspection related to applicable export or F.O.B_ Sellers shipping point Seller will have the right, at its employees, agents Or representatives or contmciors, (u) by any third import control laws or regulations, and shall indemnify and hold Seller election, to make partial shipments of the Products and to invoice parry, (tat) use of a product in combination with equipment or software harmless from, or in connection with, any violation of this Section by Buyer each shipment separately, Seller reserves the right to stop delivery of not supplied lic Seller where the Product would nor itself be infringing, or its mnployccs, conadtaurs, agents, or customers. products in transit and to withhold shipments in whole or in part if (iv) compliance with Buyers designs, specifications or instructions, (v) MISCELLANEOUS (a) Buyer may not delegate an) duties nor assign any Rover Eaile to make .11131 payment to Seller when due ur otherwise use of the Product in an application or environment for which it was rights or claims hereunder withour Seller's prior written consent, and any fails to perform its obliganons hereunder. All shipping dates are not designed or (vi) modifications of the Product by anyone other than such attempted delegation or assignment shall be void. (b) The rights and approximate only, and Seller will not be liable for any loss or Seller without Seller's prior written approval. Buyer shall provide Seller obligations of the parries hereunder shall be governed by and construed in damage resoling from any delay in dnliven- or failure to deliver prompt written notice of any third parry claim covered b Seller's accordance with the laws of the Commonwealth of Pennsylvania, without which is due to any cause beyond Seller's reasonable control, In the indemnification obligations hereunder, Seller shall have the right to reference to its choice of law provisions. each parry hereby irrevocably event of a delay due to any cause beyond Seller's reasonable eontrol, assume exclusive control of die defense of such claim or, at the option consents to the exclusivc jurisdiction Of the stare and federal courts loaned Scller re.e s ire right t,, terminate rhr. order ro reschedule the of the Seller, t,, sails the s. c.- ltuycr -ogre s_n- mOperate_ec- snnably in Alleghenv_Caunty, .Pennsylvania, USA, in any action arising Out of or shipment within a reasonabe period of nme, and Buyer will not be with the Seller in connecrion with the performance by Seller of its mletng to this Agreemenr and waives :tin- other emus ui which it may be entitled to refuse delivery' or rthe—i" lie relieved t,f any obligations obfigmtions in this Sectiou entitled by domicile or otherwise. (e) In the event of any legal proceeding as the resulr of such delay. Products as to which deliver, is delayed Notwithstanding the above- Seller's infringement related between the Scher and Buyer relating to this Agreement, neither parry may due ro any cause within Buyer's control may be placed in storage by indemnification obligations shall be extinguished and relieved if Seller, claim the right to a uial by jury, and both parries waive any right they mar Seller at Buyers risk and expense and for Buyers account. Orders at its discretion and at its own expense (a) procures for Buyer the right, have under applicable law or otherwise m a right to a Trial by jury. Am, action in process may be canceled only with Seller's written consent and at no additional expense to Buyer, to commuc using the Product; 03) arising under this Agreement must be brought within one (1) year from the upon payment of Seller's cancellation charges. Orders in process replaces or modifies the Product so that it becomes non-infringing, date that the cause of action arose. (d) The application to this Agreement of may nor be changed except with Seller's written consent and upon provided the modification or replacemcor does not adversely affect the the U.N. Convention on Contracts for the Luctuational Sale of Goods is agreement by the parties as to an appropriarc adjustment in the specifications of the Product, nr (c) in the event (a) and (b) are not hereby expressly excluded (c) In the event that any one or more provisions purchase price therefore. Credit will nor be allowed for Producrs prawn al, refund to Buyer the am.ni -ci amounts paid by Buyer with contained herein shall be held by a court of competent jurisdiction no be recited withour the prior written consent of Seller. respect Thereto, based on a five (5) year amortization schedule. The invalid, illegal or unenforceable in any respect, the validity, leg-aliry and TITLE AND RISK OF LOSS Notvirh -s standing the trade terms foregoing milenmificarion provision states Sellers crime liability to enforceability of t remaining provisions contained herein shall remain in indicated above and subject, to Seller's right to stop delivery of Buyer for the claims described herein. fill force and effect, unless the revision materially changes the bargain. (o Products in transit, tick to and risk of loss of the Products will pass INDANtNIFICATION BY BUYER Buyer shall indentri fy, defend Seller's failure to enforce, or 'Seller's waiver of a breach of, any provision to Buver upon delivers of possession of the products by Seller to with competent and experienced counsel and hold harmless Seller, its contained herein shall not constitute a waiver of any other breach or of such the carrier; provided, however, that title to anv software parent, subsidiaries, affiliates and divisions, and their respecrve provision. (g) Unless otherwise expressly stated on the Product or in the incorporated within or forming a part of the products shall at all officers, directors, shareholders and employees, from and against any documentation accompanying the Product, the Product is intended for times remain with Seller or rite ]iceruur(s) thereof, as the case may be and all damages, liabilities, actions, causes of action, suits, claims, research only and is nor to be used for any other purpose, including without WARRANT] Seller warrants that the Products will operate or demands, losses, costs and expenses (including without limitation lirnirarion, unauthorized corum -eml uses, in tdbn diagnostic uses, uns or in perform sul st:mdaliv in conformance with Seller's published reasonable attorneys' fees and disbursements and court costs) to the rm therapeutic uses, or :my type of consumption by or application to spaeific rions and be tree tronh defects in material and extent arising from or in connection with (i) the negligence or willful humans or animals. (h) Buyer agree% that all pnciiig, discounts and technical workmanship, when "objected to nonrsal, proper and intended miseonduc[ of Buyer, its agents, employees, representatives or information that Seller provides to Buycr arc the confidential and propiietag usage by properh trained personnel, for the period of time set forth contractors; (it) use of a Product is combination with equipment or information of Seller. Buser agrees to (1) keep such information confidential in the product documentation. published specifications or package software not supplied by Seller where die Product itself world erl be and not disclose such information to anv third parry, and (2) use such Inserts. If a period of rime is nor specified in Seller's product infringing; (iii) Seller's compliance with designs, specifications or information solely for Buyer's internal purposes and in connection with he docmnenranon, published sli- fictinom, or package in sera, the instructions supplied to Seller by Buyer; (iv) use of a Product in an Products supplied hereunder. Nothing herein shall restrict the use of waaamy period shall be one (1) year from the date of shipment to application or environment for which it was nor designed; or (v) information available to the general public (i) Any notice or cotnmunictriou Buyer for equipment and nincry (90) day's for all other products (the modifications of a Pro ct du by anyone other than Seller withour Seller' required or perrnincci hereunder shall be in writing and shall be deemed "1Cr— suit)• Period`). Seller agrees during the Warranty Period, to prior written approval, rcccivcd when personally delivered or three (3) business days after being sent repnir or replace, at Sellers option, el feetve Products so as to cause SOI' %IARI? With respect to any sofrwware products incorporated in by certified mail, postage prepaid, to a parry at the address specified herein or at the same to operate in substantial conformance with said published or forming a parr of the Products hereunder, Seller and Buyer intend such other address as either party may from time to time designate to the other, specifrcariims; provided that Buyer shall (a) promptly notify Seller in and agree that such softvarc products are being heensed and not sold, ACCt3117 _)BIT'. PAYMENT METHODS: The Seller prefers [n ruceiee payment writing upon the discovery of any- defect, which notice shall include and that The words "purchase "sell" or similar or derivative words are `its ACH rte other electronic interface methods that directy exchange 6mds the product model and serial In lie, (if applicable) and details of understood and agreed to mean "license and that the word "Buyct" benvicen the Buyer's and Seller's bank accounts. The Seller also accepts checks the warr:unq• claim; and 0") after Seller's review, Seller will provide or similar or derivative words are understood and agreed to mean mailed ui one of its lacklaox reminancc f— riots. Although The Seller does adept Buy- With servim darn anti /or a Return Ttxtena! Authcirizntion "licensee". Notwithstanding anything to the contrary contained herein, credit card payments at the tune of purchase, it does not accept credit card Payments after the point of sale. "RMA ,-Inch pray include biohazard cleconrafninntion procedures and other product- specifte handling instructions, rhea, if TF- BACKER 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 of service rendered, by whom, rates per day, number of units, price per unit, etc. Payee 97251 FISHER SCIENTIFIC Purchase Order No. Acct #440371 -001 Terms Dept. CH 10119 Due Date 513112011 Palatine, IL 60055 Invoice Invoice Description Date Number (or note attached invoice(s) or bill(s)) Amount 5/31/2011 15996455 $139.93 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 L /3/, Cam- ef- Date Officer VOUCHER 111307 WARRANT ALLOWED 97251 IN SUM OF FISHER SCIENTIFIC co/ Acct #4 °374449; '75 ,91354 WATER Qept 13 Vie, IL C-06q,3 cG� Carmel 'Water Utility ON ACCOUNT OF APPROPRIATION FOR Board members PO INV ACCT AMOUNT Audit Trail Code $139.93 Voucher Total $139.93 Cost distribution ledger classification if claim paid under vehicle highway fund