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Home My WebLink About165479 10/29/2008 CITY OF CARMEL, INDIANA VENDOR: 360392 Page 1 of 1 ONE CIVIC SQUARE WHITE CAP CONSTRUCTION SUPPLY CHECK AMOUNT: $40.53 CARMEL, INDIANA 46032 9950 S 134TH STREET OMAHA NE 68138 -6199 CHECK NUMBER: 165479 CHECK DATE: 10/29/2008 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER A MOUNT DESCRIPTION 651 5023990 1.2501018001 40.53 OTHER EXPENSES re r o e. -1 INVOICE NO. 125010180 -01 KANSAS CITY A 816- 471-1188 1907 WARREN ST. KANSAS CITY MO 64116 CONST/VUCT/ON SUPPLY REMIT TO: WHITE CAP CONST. SUPPLY 9950 S. 134TH STREET OMAHA, NE 68138 -6199 TERRITORY: UMA1 SOLD TO: 175466 SHIP TO: CARMEL UTILITIES CARMEL UTILITIES 9609 HAZEL DELL PARKWAY 9609 HAZEL DELL PARKWAY INDIANAPOLIS IN 46280 INDIANAPOLIS IN 46280 JOB# PAGE: 001 srusse74 ORD BY: 317 -571 -2443 TERMS: NET 30DAYS TAKEN BY: DATHA LOC: 125 gEtDER .[JQ. Q12DE.R DATE ACCT JOB"... INV V.-DATE SHIP VIA:�Rt]UTIf�]G 1 (35TOMER P 0. NO 5LSIHN 152011509-01 10/08/08 175466 10/09 1:WH!TE CAP DIRECT UPS VERBAL 6075 EN T?ART IIEJINBER' F# /M' 1?SGl3IPTtItJ 4TY pE3 PRIG£ Gj Y Bt4 QTY::: S1iP lMOii!�fT 20 433RSWF50 50LB WUNDERFIXX RAPID SET 1 40.53 BAG 1 40.53N @BASALITE @BASALITE WHITE CAP DIRECT ORDER TOTAL GROSS 40.53 TOTAL T .00 TOTAL FREIGHT .00 TOTAL I O I CE 40.53 Recei By: 1Z2X Signatur C opy O n File Firma /Nombre Your opinion matters to us! Call 877-817 -1807 and be entered for a chance at a $1000 shopping spree. NO REFUNDS OR EXCHANGES ON NON STOCK MERCHANDISE SEE REVERSE SIDE FOR TERMS AND CONDITIONS 0000085 0000208 rr TERMS, CONDITIONS AND WARRANTIES General. This invoice (the "Invoice") is subject to and includes the terms and conditions printed hereon. The acceptance of the Invoice by the Company (as designated on the reverse side of this Invoice) is expressly made conditional on your assent to any of the terms and conditions herein which may be additional to, or different from, the terms and conditions of your proposal or order. Receipt and acceptance by you or your agent of the products sold hereunder (the "Product(s) shall constitute such assent. Any additional or different terms and conditions in any proposal, purchase order or other document submitted by you are hereby rejected by the Company and are superseded by the terms and conditions of this Invoice. Warranty Disclaimer. The Company's sole obligation with respect to the Product(s) shall be to replace or refund the price of any Product which the Company determines, in its sole discretion, to be materially defective in workmanship or material for a period of sixty (60) days from the date of delivery of such Product to you, provided that written notice is provided to the Company immediately upon your discovery of the defect. You shall be responsible for any freight charges for shipment to the Company of any purportedly defective Product and the Company shall be responsible for any freight charges for shipment to you of any replacement for such defective Product, if applicable. The Company's obligation to replace or refund the price of a defective Product shall not apply to any Product which has been (i) subjected to misuse, neglect or accident, including causes external to the Product, (ii) altered or repaired in such manner as to affect adversely its performance, stability or reliability, (iii) subjected to environmental stress beyond design specifications, or (iv) used for any purpose other than that for which it was designed. EXCEPT AS EXPRESSLY STATED ABOVE, THE COMPANY MAKES NO WARRANTY. WHETHER EXPRESS OR IMPLIED IN FACT OR AT LAW, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE PRODUCT(S) OR THE USE THEREOF. Limitation of Liability. THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES. INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, SUCH AS, BUT NOT LIMITED TO, LOSS OF ANTICIPATED PROFITS OR BENEFITS, OR DELAY DAMAGES, ARISING OUT OF THE USE, OWNERSHIP OR POSSESSION OF THE PRODUCT(S), WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY AGREE TO RELEASE, DISCHARGE AND HOLD COMPANY, ITS OFFICERS, AGENTS AND EMPLOYEES HARMLESS FROM LIABILITY FOR ANY LOSS, DAMAGE, INJURY OR DEATH WHICH MAY ARISE OUT OF THE USE, OWNERSHIP OR POSSESSION OF THE PRODUCT(S), WHETHER OR NOT THERE IS CONCURRENT ACTIVE OR PASSIVE NEGLIGENCE ON THE PART OF THE COMPANY OR ITS OFFICERS, AGENTS OR EMPLOYEES. Payment of Purchase Price. The purchase price for the Product(s) is set forth on the reverse side of this Agreement. Such purchase price shall be due and payable within thirty (30) days of the date of invoice. The Company hereby reserves the right to adjust the estimated freight charges on this Invoice to reflect actual freight charges incurred in shipment of the Product(s) to the shipping destination. A LATE CHARGE SHALL BE ADDED TO THE PURCHASE PRICE FOR ANY AMOUNTS PAST DUE. SUCH LATE CHARGE SHALL BE EQUAL TO THE LESSER OF ONE AND ONE -HALF PERCENT (1- 112 OF ALL AMOUNTS PAST DUE OR THE MAXIMUM RATE ALLOWED BY APPLICABLE LAW, Nonconforming Orders. The Company shall not be liable for shortages or nonconforming Products unless (A) written notice thereof is received by the Company within ten (10) business days after the Product(s) reaches the shipping destination and before any portion is used and (B) the Company is given reasonable opportunity to examine the alleged nonconforming Product(s). The Company's liability for any breach hereof shall not exceed the purchase price of the Product(s), or portion thereof, for which the Company is adjudged liable. Returns. Returned merchandise must be accompanied by an original invoice number and shall be subject to a restocking charge. Special Orders. A one hundred percent (100 deposit must be received in advance for all special orders. All special ordered items must be picked up within thirty (30) days from the date you are notified by Company to pick up such special order, Any special ordered items not picked up within such thirty (30) day period shall be subject to a restocking charge of not less than fifteen percent (15 and not more than the cost of the special ordered items plus any handling charges applicable. Risk of Loss. Except when delivery of the Product(s) is made in the Corpany's own vehicle, delivery of the Product(s) shall be F.O.B. Company's store or warehouse and possession of and title to all Products ordered hereunder shall be deemed to be pass to you upon delivery to the common carrier at the point of shipment. You shall thereupon assume all risk of loss or damage. In the event that the Company shall deliver the Products) in its own vehicle, then delivery of the products shall be F.O.B. the shipping destination. Force Majeure. The Company shall not be liable for any delays in delivery or performance due to contingencies beyond the reasonable control of the Company, including, without limitation, fire, flood, epidemic, unusually severe weather, strike, acts of God, riots, acts of war, acts of terrorism embargoes, transportation failure, compliance with any law, regulation, guideline, or order of any governmental body or instrumentality thereof. Taxes. You shall be solely responsible for taxes of any nature imposed by reason of sale or use of the Product(s), including, without limitation, sales, use, excise, custom, commodity or similar taxes, and all such taxes shall be added to the sales price of the Product(s). Assignment. This Invoice shall inure to the benefit of your successors and assigns. Notwithstanding the foregoing, this Agreement may not be assigned by you without the prior written consent of the Company and any attempt by you to transfer by any means the rights duties or obligations of this Invoice shall be of no force or effect. The Company may assign this Invoice to any subsidiary or affiliate of Company or to any corporation with which it may hereafter be merged or consolidated or to which all or substantially all of its assets are transferred. Notices. All notices required hereunder shall be in writing and shall be delivered by U.S. Mail, postage prepaid, to such address as such party has designated herein, or to such other address as such party shall designate by proper written notice. Notice shall be deemed to be given when it is deposited in a mail box properly addressed and postage prepaid. Severability. If any term or condition of this Invoice is determined by a court to be invalid or unenforceable, then such provision shall be deemed to be amended and interpreted to the extent possible to make it valid and enforceable according to their terms. If such term or condition is not capable of such amendment and interpretation, then such term or condition shall be severed from this Invoice with the remaining terms and provisions to continue in effect. Entire Agreement. This Invoice constitutes the entire agreement between the parties and supersedes any and all prior or contemporaneous understandings and representations. No covenant, term or provision of this Invoice may be modified or waived, unless such waiver is express and is evidenced by a writing duly executed by an officer of the Company. Prescribed by State Board of Accounts City Form No. 201 (Rev 1995) ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL s 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 360392 WHITE CAP CONSTRUCTION SUPPLY Purchase Order No. 9950 S 134TH STREET Terms OMAHA, NE 68138 -6199 Due Date 10/23/2008 Invoice Invoice Description Date Number (or note attached invoice(s) or bill(s)) Amount 10/23/2001 1250101800' $40.53 hereby certify that the attached invoice(s), or bill(s) is (are) true and ;orrect and I have audited same in accordance with IC 5- 11- 10 -1.6 /o Y/$ Date Officer VJUCHER 086551 WARRANT ALLOWED 3x0392 IN SUM OF WHITE CAP CONSTRUCTION SUPPLY 9950 S 134TH STREET OMAHA, NE 68138 -6199 Carmel Wastewater Utility C`+ ON ACCOUNT OF APPROPRIATION FOR Board members PO INV ACCT AMOUNT Audit Trail Code 12501018001 01- 7202 -06 $40.53 Voucher Total $40.53 Cost distribution ledger classification if claim paid under vehicle highway fund