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159368 05/14/2008 CITY OF CARMEL, INDIANA VENDOR 358710 Page 1 of 1 ONE CIVIC SQUARE H D SUPPLY WATERWORKS LTD CARMEL, INDIANA 46032 P 0 BOX 91036 CHECK AMOUNT: $1,403.92 CHICAGO IL 60693 CHECK NUMBER: 159368 CHECK DATE: 511412008 DEPARTMENT ACCOUNT PO NUMBER INVOI N UMBER AM OUNT DESCRIPTION 601 5023990 W08170 7049775 374.40 MARKING PAINT 601 5023990 W08183 7114809 1,029.52 LOCATE FLAGS °r rre uppreuure }our pnnnyr pu }•rn enr. Date Ordered Dale Shipped Customer PO No. Job Name Job No. ill of Ladin Shipped Via Order Number 4/14/08 4/21/08 SEE BELOW MARKING PAINT OUR TRUCK 7049775 Product Code Description Q rdcrcd Q OrdcrcJ uantit Back- P Price Per Amount Ship[xd CUSTOMER PO VERBAL JACK SPEAR 96PAINT17B 17 OZ BLUE MARKING PAINT 120 120 3.12000 EA 374.40 1241 I Terms Subtotal NET 30 374.40 Freight Delwery Handling Restock N4isc Tax Invoice Total 374.40 THANK YOU FOR YOUR ORDER WATERWORKSIHDSUPPLY. COM ['lease pay this amount FOR OTHER SERVICES OFFERED HDSWW INDIANAPOLIS IN -W Branch 430 1680 Expo-Lane Page: 1 Indianapolis IN 46214 03459 Invoice: 7049775 TERIti ANA CQNDITIONS OF SALE I All references m this document to'Seller shall Include each subsidiary or dension of The Home Depot Supply Inc whether or not speoh„sl y rPnb6ed herein. and Sell gbirl is hereunder may be performed by any entry that Is part of Seller All sales made to Buyer by Seller are subject to these Terms and Conditions of Sala, which shall prevail oval any Inconsistent terms of Buyers purchase wt ur or; ther documents. No terms and conditions to any way altering or modifying these provisions shall be binding upon Seller unless they Are Spec zed in writing by Seller c authorized represenlatve, and such additional or different terms are expressly objected to No modification or alteration of these provisions shall resort by Seller's shipment of goods following receipt of Buyer s purchase order, or other documents containing provisions, terms, or conditions in addition to, in confllot with or .ncenslstent with these provisions There are no terms. conditions, understandings, or agreements other than those slated herein, and all prior proposals and negotiations are merged herein Prices in quotations made by Seller are subject to change without nonce, and all quotations expire and be mvalld If not ri ed within 10 days hen• the date of issue, unless otherwise noted by Seller In III Price extensions when made are for Buyers convenience only, and they as well as any mal�temallcal stenographic or clerical errors, are not binding on Seller. aces shown do not Include any sales, excise, or other governmental tax or charge payable y Seller to federal, state or local authority Any razes now or hereafter imposed upon sales or shipments will be incremental to the purchase price and Buyer shall reimburse Seller for any such tax or provide Seller with an acceptable to exemption certificate. All prices and other terms provided to Buyer under this document shall be knot confidential except to the extent theta party is required by law to disclose the same Seller shall not be, liable for delay or default in delivery resultin g from any cause be end Sellers reasonable control Ill. La rot limited to governmental action, strikes or other labor troubles, fire. damage or destruction of goods. wars (declared or undeclared, ads of terrorism, manufacturers shoneges indthdr y to obtain vansppertauon, materials fuels. or supplies, and acts of God (each a 'Force Majeure Event' Upon the occurrence of a Force Maleure Event. d, the time ror Seller s ppedormance shall be extended reasonably and Buyer and Seller shall adjust all affected dates accordmg�y. and (b) the purchase price shall be adjusted tot any increased costs to Se'ler Batch no from such Force Mateure Event Setter is a fel ller of goods and as such does not ffuovlde a warranty for the roads It supplies hereunder Notwithstanding the foregqoingg Seller shall pass through to Buyer ou transferable manufacturer's standard warranties wdh esperI to gadds purchased hereunder. BUYER AND PERSONS GLAIMING 1 HROUGH BUYER SHALL SEEK RECOURSE EXCLUSIVELY FROM MANUFACTURERS IN CONNECTION WITH ANY DEFECTS IN OR FAILURES OF GOODS AND THIS SviALL BE THE EXCLUSIVE RECOURSE OF BUYEP AND PERSONS CLAIMING THROUGH BUYER FOR DEFECTIVE GOODS (IRRESPECTIVE OF WHETHER THE CLAIM OF BUYER OR THE PERSON CLAIMING THROUGH BUYER SHALL SOUND IN CONTRACT, IN TORT, IN STRICT LIABILITY PURSUANT TO STATUTE. OR FOR NEGLIGE NCE) SELLER EXCLUDES AND DISCLAIMS ALL OTHER EXPRESS AND IMPLIEDWARRANTIES INCLUDING ALL IMPLIED WARRANTIES OF M ERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE SELLERASSUNIES NO RESPONSIBILITY WHATSOEVER FOR SELLER'S INTERPRETATION OF PLANS OR SPECIFICATIONS PROVIDED BY BUYER. AND BUYERS ACCEPTANCE AND USE OF GOODS SUPPLIED HEREUNDER SHALL BE PREMISED ON FINAL APPROVAL BY BUYER OR BYAR ENGINEER:; OR OTHER THIRD PAR TIES RATHER THAN ON SELLER'S INTERPRETATION IN NO EVENT, WHETHER IN CONTRACT, WARRANTY MDEMNITY, TORT (INCLUDING NEGLIGENCE) STRICT LIABILI TY OR OTHERWISE, ARISING DIRECTLY OR INDIRECTLY OUT OF THE PERFORMANCE OR BREACH OF THIS DOCUMENT. SHALL SELLER BE LIABLE FOR tai ANY CONSEQUENTIAL, INCIDENTAL. SPECIAL, OR INDIRECT DAMAGES SUCH AS LOST PROFITS OR DELAY DAMAGES, EVEN IF SUCH DAMAGES WERE FORESEEABLE OR CAUSED BY SELLERS BREACH OFTHISDOCUMENT, /b) ANY CLAIM THAT PROPERLY IS A CLAIM AGAINST THE MANUFACTURE P,OR(c)ANv AMOUNT EXCEEDING THE AGGREGATE AMOUNT PAID TO SELLER FOR GOODS FURNISHEDTO BUYER UNDER THIS DOCUMENT Buyer small indemnity, defend, and hold Seller Its officers directors employees and affiliates harmless from any and an liability ie=tdtmu from or related to null tm.d rFri i complaint anWorjudgment arising from Bu of s use of any fea& 6; chP 1 L.•r r,dn- y 1 by Bdv'er of Inc; ;ocumert When goods ore delivered to Buyer in Seller S own vehicles, the TO B. point shall be Buyer s designated delivery site but in all niher cases lie F O B point shall be Seller S store or warehouse and .,it responsibility and costs of shipping and delivery beyond the applicable FO B point shall be borne by Buyer Title and risk of loss shall pass to Buyer at the applicable FO B. polnl, which for uods not delivered In Seller's own vehicles shall be when Seiler delivers the goods to the common carrier No claim for shortage of goods or for loss or damage to goods as to which after has the risk of loss shall be allowed unless Buyer within 10 days after receipt of the short or damaged shipment, gives Seller written notice fully descnbing the alleged shortage or damage Any change in procuct specifications, quantities, destinations, shipping schedules, or any otner aspect of the scope of supply ern'- result m a price adjustment by Seller No credit for goods rearmed by Buyer shall be given without Sellers written authorization All returns are subject to a restocking charge Unless otherwise agreed in writing, payment terms are net 30 days Notwithstanding the foregoing, all orders are subject to Seller's contanrng approval of Buyer's credit It Buyer's credit is not approved or becomes unsatisfactory to Seller then Seller, in its sole discretion, may require different payment terms, Including case on delivery or in advance of shipment In addition, Seller may m its discretion require an advance deposit of up to 100 °s, of Seller's selling pope for any specially manufactured goods ordered by Buyer hereunder. Payments due hereunder shall e made In the form of cash, check, or money older Seller may apply Buyer's payment against an open charges e: thin Seller's' sofa discretion Past due accounts bear Interest at the lesser of 1 per month or Bid maximum rate permitted by applicable law, couhnuing after Seller obtains a judgment against Buyer Seller may exercl.,e setoff or recoupment to apply to or satisfy Buyer's outstanding debt Buyer shall have no right of setoff hereunder the same being expressly waived hereby. Buyer shall not export or re- export, directly or indirectly, all or any part of the goods or related technology obtained from Seller under Vu document unless in accordance with applicable export laws and regulations of the United States of America (US) Further. a Buyer that Is a non -US company or citizen shall similarly limit any export or re- export activity to that which would be deemed compliant with US export laws and regulations d performeU by a US company or citizen The foregoing requirements shall survive any satisfaction or terminaton of this document and obligations hereunder. Buyer shall pay Seller all costs and expenses of collection suit or other legal action brought as a result of the commercial relationship between them. including all actual attorney and paralegals fees Incurred preesut. through oral. on appeal and in any adrunisoative or ban.ruptcy proceed ngs Any cause of action that Seiler has against Buyer may be assigned without Buyers consent to The Home Depot Supply, Inc or fo any affiliate of The Home Depot Supply Inc This document and the account and business relationship between Buyer and Seller shall be governed and ronstnled in :,c,l rdanre with the lavr, •d Florua without ru<.nd llSe !o conflicts of laws Subject to the foregoing, Buyer and Seller agree that anyy legal action browq by cithai as a re sa t of ,hf ac. n i of L nsrnecs reli nisi iF brnween Buyer anrPer shall be brought m the venue of the state where the sales barn Seder to Buyer ccw n ^d a ^y r gist to nbed in s r .w ue or m sic N „r e rh few•^ i� hereby waived I' Buyer fails to comply with these Term: Find Conditions at Sale S Aer may temnn.ha o rest/ j.•. I ".c- a' v�r i' r r f..it ..f ;rat i w9 nw lice Setter ...hocafintely it It becomes insolvent Buyer agrees to send Seiler wIhl anal,•, n n., -ha• l!”. ,.i 3i, ie, s t "t rr .s Will x days of suc cm,vn7e., Bi and Seller are :he onK Ppd�d b —Af,,- n r.. rt' Ill 11, t„ n a 332b746 vs, VOUCHER 081605 WARRANT ALLOWED 350591 IN SUM OF 'HD SUPPLY WATERWORKS PO BOX 91036 CHICAGO, IL 60693 -1036 p p A Carmel Water Utility ON ACCOUNT OF APPROPRIATION FOR Board members PO INV ACCT AMOUNT Audit Trail Code (01 7049775 01- 6200 -06 $37440 Voucher Total $374.40 Cost distribution ledger classification if claim paid under vehicle highway fund CD 2/ om =o E Z =o=° (3@\ 0 gl[ }f w zs -6% \G CD 2 ƒ 0 0` cL \N o nz (D )(n CL k\ -m J/ g> 2/ \f CD (D o 99 (D e 4 2 _r ..c r..• .w... D.-te Otde}cd I Date Shipped Customer PO No. Job Name Job No. Bill of Ladin Shipped Via Order Number 4/24/08 4/25/0; 1 SEE BELOW MARKING FLAGS I UPS 7114809 Product Code Descri tion Quamuy Quantity Back- Price Per Amount P Ordered Shipp.l Ordered CUSTOMER PO VERBAL JACK SPEAR HD SUPPLY WATERWORKS PO 3737064 /00006527967 BLACKBURN #P458 BLUE MARKING 8000 8000 .12000 EA 960.00 FLAG WITH REVISED SCREENING 4471(PHONE NUMBER TO READ 733- 2855) (4X5 W /18" PLASTIC STAFF) BELOW FREIGHT IS FOR OUTBOUND UPS CHARGES FROM MANUFACTURE APROVED BY CUSTOMER Terms Subtotal NET 30 960.00 Freight Delivery Handling Restock Mise Tax Invoice Total 69.52 1,029.52 THANK YOU FOR YOUR ORDER VISIT Please pay this amount WATERWORKS.HDSUPPLY.COM FOR OTHER SERVICES OFFERED HDSWW INDIANAPOLIS IN -W Branch 430 1690 Expo Lane Page: 1 Indianapolis IN 46214 03778 Invoice: 7114809 TERMS AN CO NDITIONS OF SALE All reference=_ in this document to shall include each subsidiary or division of The Home Depot S•rpply Inc ,tc,Fer rr not la.c,f ca ,nnm .f ,nu ,e ter' r D gatic�s hereunder may be performed by any entity that Is part of Seller All sales made to Buyer by Seller are subject to these Terms and Conditions of Sale which shad prevail over any'inconsistent terms of Buyer's purchase minor of her documents. No terms and conditions in any way altering or modifying these provisions shall be binding upon Seller unless they are specnccall authorized in writing by Sellers authorized representative, and such additional or different terms are expressly objected to No rnoddreat!on or alteration of these provisions shall result by Seller's shipment of goods follow -rig receipt of Buyer's purchase a d,,r, or other documents cuntarvng provisions, ief ms, or conditions in addition to, in conflict with or inconsistent with thew provisions There are no terms, conditions, understandings, or agreements other than those stated heroin, and all poor proposals and negotiations an merged herein Prices in quotations made by Seller are subject to charge without notice, and all quotations expire and become invalid d not accepred within 10 days from the date of issue. unless otnerwise noted by Seller in writing Price extensions when trade are for Buyers';onvemence only, and they, as well as any mathematical, stenograpne or clerical errors are not binding on Seiler noes shown do lot include any sales, m.uae, or other governmental tax or chargge Payable by Seller to fe oral, stale or local authority Any taxes now or hereafter rmposed upon sales or shipments will be Incremental to the purchase price, and Biver shall re,mburso Seller for any such lax or provide Seller with an accoptable tax exemption certificate. All prices and other terms provided to Buyer under this document shall be kept confidential except to the extent that a party is required by law to disclose the same. Seller shall not be liable for delay or detach in delivery resulting from any cause be and Sellers reasonahly rontro! achtel but not limited to. governmental action, strikes craftier laoortroublns, fire, damage or desirurtien of goods, wars Idnmared or undecia roY acts of terronsm, mnnutrcturers shone es, inability to obtain «ansrn;nation materials, fuels, or supplies, and acts of God (each a 'Force Maleure Event' Upon the occurrence of a Force Migrate Event, (a) trio limo for Seller's performance shall be extended reasonably and Buyer and Seller shalt adjust all affected dates according y, and gel the Darchase price shaft be adjusted far any increased costs to teller rose brig such Force Maleure Event Seller is a rent llnr of goods and as such does not provide a warranty for the goods It supplies hereunder Notwithstanding the fareggomgg Seller shall pass through to Buyer anp transferable manufacturer's standard warranties with respact M goods purchased hrroundet BUYER AND PERSONS CLAIMING T HROUGH BUYER SEEK RECOURSE EXCLUSIVELY FROM MANUFACT UHERS IN CONNECTION WITH ANY DEFECTS IN OR FAILURES OF GOODS, AND THIS SHALL BE THE EXCLUSIVE RECOURSE OF BUYER AND PERSONS CLAIMING THROUGH BUYER FOR DEFECTIVE GOODS (IRRESPECTIVE OF WHE1 HER THE CLAIM OF BUYER OR THE PERSON CLAIMING THROUGH BUYER SHALL SOUND IN CONTRACT IN TORT, IN STRICT LIABILITY. PURSUANT TO STATUTE, OR FOR NEGLIGENCE) SELLER EXCLUDES AND DISCLAIMS ALL OTHER EXPRESS AND IMPLIED WARRANTIES INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE SELLER ASSUMES NO RESPONSIBILITY WHATSOEVER FOR SELLER'S INTERPRETATION OF PLANS OR SPECIFICATIONS PROVIDED BY BUYf -H AND BUYER S A(GEPTANCE AND USE OF GOODS SUPPLIED HEREUNDER SHALL BE PREMISED 014 FINAL APPROVAL BY BUYER OR BY ARCHITECTS, ENGINEERS, OR OT HER THIRD PARTIES RATHER THAN ON SELLER'S INTERPRETATION IN NO EVENT, WHETHER IN CONTRACT WARRANTY INDEMNITY TORT (INCLUDING NEGLIGENCE) STRICT LIABILITY OR OTHERWISE, ARISING DIRECTLY OR INDIRECTLY OUT OF THE PERFORMANCE OR BREACH OF THIS DOCUMENT. SHALL SELLER BE LIABLE FOR is) ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR INDIRECT DAMAGES SUrH AS LOST PROFITS OR DELAY DAMAGES, EVEN IF SUCH DAMAGES WERE FORESEEABLE OR CAUSED BY SELLER S BREACH OFTHIS DOCUMENT, (b) ANY CLAIM FHAT PROPERC/ IS A CLAIM AGAINST THE MANUFACTURER, OR hl ANY AMOUNT I S; FEDING THE AGGF FGATE AMOUNT F'AIDTO SELLER FOR GOODS FURNISHEDTO BUYER UNDERTHIS DOCUMENT. Bever shall rttdemmfy, defend. and hold Seller its officers. directors employees and affiliates harmless from any and all liability resulting from or related to any r party Claim coripla irn'nr pudgmera acting frmn BU'ver's use of.,ry ga. in; +i ,r rd!mr in, -L i r. I 1;i: ...of 1, by Billie, of tin:. document r When goods are delivered to Buyer in Seller's own vehicles, the F O B point snail be Buyer s des delivery site but in all other cases Inc F 0 B. point Shall oe Seller's store or warenouse and all responsibility and costs of shipping and delivery bevend the applicable FO. 8, point shall be borne by Buyer. Title and risk of loss shall pass to Buyer al the applicable F.J.B. point which for ponds not delivered in Sellm'a own vehicles shalt be when Seller delivers the goods to the common carrier No clamr for starts 9a of goods or tot loss or damage to goods as to which Seller has the risk of loss shall be allowed unless Buyer within 10 days after receipt of the short or damaged shipment, gives Seller written notice fully describing the alleged shortage or damage. Any change n product specifications, quantities, destinations, shipping schedules, or any other aspect of the scope of supply may insult in a price adjustment by Seller No credit for goods returned by Buyer shall be given without Sellers w, tten authorization All iot uns are subject to a restocking charge Unless otherwise agreed in writing, payment terms are net 30 days Notwdhstanding the foregoing, all orders are subject to Seller's continung approval of Buyer's credit If Buyer's credit Is not approved or becomes unsatisfactory to Seller then Seller, in its sole discretion, may require different payment terms, including cash on deliver/ pro advance of shipment In addition, Seller mat in its discretion require an advance deposit of up to 100° of 3eller's selling price for any specialty manufactured goods ordered by' Buyer hereunder. Payments due hereunder shall be made in the form of cash, check, or money order Salter may apply Buyer's payment against an open eharrges within Seller's sole discretion. Past due accounts bear interest at the lesser of 1 S% pet month or the maximum rate pe,m« ted by applicable law. continuing after Seller obtains a judgment agamed Buyer Seller may exercise setoff or recoupment to apply to or satisfy Buyer s outstanding debt Buyer shall have no right of setoff hereunder the sage being expressly waived hereby Buyer shall not export or re- export, directly or mduectly, a0 w any part of the pools or related technology o btained from Seller under this document unless in accordance with applicable export laws and regulations of the United States of America (US) Fucher a Buyer that is a non -US company at citizen snall similarly I,m!t Snit export or re-expport activity 10 that which would be deemed compliant with US export laws and regulations it performed by a US company or citizen The foregoing requirements shall survive any ad Istact!on or termination of this document and obligations hereunder. Buyer shall pay Seller all costs and expenses of collection sun, or other Fee action brought as a result of the commercial relatiorl between them, :neludmg all actual attorneys' sort Paralegals' fe m es incurred pre -suit through trial, on appeal, and ,n any adm,sbative Pr bankruptcy tcy proreengs Any count of action that Sells has against Buyer may be assigned without Buyer's consent to The Home Depot Supply Inc or to any Wit late o' The Home Depot Supply, Inc This document and the account antl business relationship between Beym ind Seller sha I be govrrned and re ^atr .rid a: cordarre •.Nio, the laws of Florida without rep and to conflicts o':ays Subject to the F regoing, Boyer and Sellu, ag on that any ngal m,c:m b,ou�rd ty e h ti I ,is a resun,f tnn .,Poont air ,,s,ness ra!atnonsr p between Buyer and Seller wait be brought u• the venue of the stare where the sales ham Scher 'a Butt ,cu, ,pd a,'d vry n ?I•i .a +bp r i Its or In t,•r' V e it convera no or such forum n, hr.raby ;..moil R Buyer fads tr comi the Ternns and Conti NOns of S.,!e Sr,,. -r ay n.r ^an• or r• r r °le•, .q r I I B L, r. F, I" d ,t s sowert a ^P Inn q zit %admsn Seller! mml rudely if!: Pcom,rE rc;olve,r Buyer preen 1, rid lira., r- r, •s:..._, .'h„ ,d.,., of ­,h .,..tie, Ia vet ,nn Seller are i P ^ly Intended bianehoar es or P, s deco^ e 'r r. 'n ,r. tL a e; t 38287.1, v8 v TA E 3 0 i m z k O JA j 0 CO e Cl) a b R k y co CD s /2/ m a_ m J\ 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 350591 HD SUPPLY WATERWORKS Purchase Order No. PO BOX 91036 Terms CHICAGO, IL 60693 -1036 Due Date 5/5/2008 Invoice Invoice Description Date Number (or note attached invoice(s) or bill(s)) Amount 5/5/2008 7114809 $1,029.52 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 r Date i