The URL can be used to link to this page

Home My WebLink About166716 12/10/2008 CITY OF CARMEL, INDIANA VENDOR: 362241 Page 1 of 1 ONE CIVIC SQUARE HORIBA INTERNATIONAL CORP CARMEL, INDIANA 46032 LOCKBOX 776013 CHECK AMOUNT: $131.14 6013 SOLUTIONS CENTER CHECK NUMBER: 166716 CHICAGO IL 60677 -6000 CHECK DATE: 12110/2008 DEPARTMENT ACCOUNT PO NUMBER INVO NUMBER AMOUNT. DESCRIPTION 1110 4239099 208.152 131.14 OTHER MISCELLANOUS FIORIBA JO ®IN YVON INC Horiba International Corporation o 1 14ORMAJOBIN YVON 38 60 80 PARK AVENUE t_ 13 3 Sol utions ns Cen olutions Center 11/1. /08 ED150N, N.J. 08820.3012 USA Chicago IL 60677 -6000 e 32661 150.' 9001:2000 .PHONE: 732.494.8880 ACCT FAX: 732.549.379.1 Wire information: 115 Horiba Internationai Corporation Union Bank of California 1980 Saturn Street Monterey Park, CA 91755 o 45794 56 ABA# 1 5 2 2200496 208152 RI CARMEL POLICE DEPT, CARMEL POLICE DEPT. 3 CIVIC SQUARE 3 CIVIC SQUARE ATTN. JOHN ELLIOTT ATTN. JOHN ELLIOTT .CARMEL IN 46032 CARMEL IN 46032 y Tax ID: Tax Cett:: 003120155 002 0 N& FEDEX PP &A 1'1/28/08 ELLIOTT FOB Our Dock 21056.50120.200 7', C DESCRIPTION 1.bG0 25# CREAM DENTAL STONE IE1805C EA 2.000 29.9500 59.90 Y 11/2g/0 CASTONE DENTAL STONE EA 2.000 WHITE COTTON GLOVES PP1683 EA 48.000 .4063 19.50 Y 11/28/08 24 /Px EA 3.00,. S.A.F.E. BRUSH LP0500 EA 5.000 3.9500 19.75 Y 11/29/08 EA 4.004' Fackina Handlina PACKING AND HANDLING EA 1.000 5.0000 5.00 N 11/29/08 EA 5.000 Freight FREIGHT EA 1.000 26.9900 26.99 N 11 /28 /G8 Net 30 days 12/12/08 7.000 131.14 SEE TERMS AND CONDITIONS OF SALE ON BACK ORIGINAL HORIBA JOBIN YVON INC.,. CONDITIONS OF SALE 1- Scope: ALL SALES OF SELLER ARE AND SHAI.I, BE SUBJECT TO THESE CONDITIONS OF SALE WHICH TAKE PRECEDENCE OVER ALL OTHER TERMS AND CONDITIONS. SELLER REJECTS ALLY ADDITIONAL, CONTRARY OR DIFFERENT TERMS AND CONDITIONS PROPOSED BY PURCHASER, AND NO ADDITIONAL, CONTRARY OR DIFFERENT TERM§AND CONDITIONS SHALL BE BINDING ON SELLER, UNLESS SPECIFICALLY ACCEPTED AND AGREED TO BY SELLER IN WRITING. 2. Terms of Payment: Unless otherwise specified, Payment Terms are thirty -five percent (35 with order, sixty percent (60 upon delivery, five percent (5 Upon acceptance. Payments of the initial and delivery'amounls shall be due'ai the time the order is placed and upon delivery, respectively. Payment of the acceptance amount shall be made in full within thirty (30) days from the date of the invoice. A monthly service charge of one and one -half percent (1 -112%) shall be. added to balances extending beyond thirty (30) days. No installation (where applicable) will begin nor support services be rendered until all moneys are received and Seller shall have no liability or obligation under any Warranty while Purchaser is delinquent as to any payment due to Seller. If shipment is deferred Purchaser's request, payment shall nevertheless be due after notice to Purchaser that the products are ready for shipment. Reasonable storage charges shall be paid by Purchaser after seven (7) days unless prior agreement was made set forth in writing and signed by an officer of Seller. 3. Title: Purchaser shall be liable for payment in full of the purchase price of Al products, applicable taxes and other charges payable hereunder, and the risk of loss of the products shall pass to Purchaser as soon as they have been delivered by Seller to the carrier. However, title to such products shall remain with Seller, and shall not pass to Purchaser until the price specified has been paid in full. Purchaser agrees to execute within'.three (3) days of a request by Seller any documents required by Seller to perfect Seller's title to the products. 4 Delivery 'shall be F.O.B. Edison, N.J., or Port of Entry (POE) for.imported products, unless otherwise specified. All delivery and handling charges shall be paid by Purchaser and Purchaser shall be responsible for providing insurance once the products are turned over to the carrier. S. Inspection at Factory: Orders are accepted based on inspection and acceptance at Sellers plant. Upon Purchaser's request, Seller will furnish a report to Purchaser that the products were inspected and tested and were found to have met specifications. 6 Delivery: Unless otherwise specified, products ordered will be shipped from'Seller's plant within three (3) months of receipt of order. Seller will use commercially reasonable efforts to effect shipment on or before the date indicated. Seller shall not be liable for delay in performance or inability to perform occasioned by any unforeseen conditions or circumstances beyond Sellers 'reasonable control, including, but not limited to, strike, embargo, government regulation, Letter of Credit delays, war, terrorist act or inability to obtain materials or services. Bperformance by Seller is delayed by reason of any such unforeseen conditions or circumstance beyond its reasonable control, Seller shall notify Purchaser, and the time for performance by Seller shall be extended for the period of such delay. Delays in delivery shall not be grounds for cancellation of c d'er or reduction of purchase price. 7. Quotations and Prices: Unless otherwise specified, each quotation is firm for thirty (30) days. It Tax payment: Any tax imposed by any federal, state or other governmentaPauthority on the sale of Seller's products, and export and other tariffs, duties and customs, shall be paid by Purchaser in addition to the purchase price. Notwithstanding anything to the contrary herein, if no sales tax is charged by Seller and the item is subject to sales tax in Purchaser's state, it is Purchaser's responsibility to, and Purchaser shall, pay such tax or reimburse Seller for any such tax paid by Seller upon receipt of Seller's invoice therefor. 9 Cancellation. An order once placed with and accepted by Seller can be canceled only upon Seller's written agreement. In cases where Seller agrees to cancel an order, Purchaser agrees to a minimum cancellation fee of twenty- five (25 of the purchase price. Purchaser will be responsible to pay the full selling price, restocking fee or cancellation fee, whichever is appropriate, of Special or.Custom products.purchased by Seller to fulfill the delivery. of products ordered under this'Agreement. 10, Warranty. Seller warrants` tha(Tor a period of one (I year from the date of delivery of the products, or as described below, that all components manufactured and delivered by Seller will be free of manufacturing defect in inatenaland workmanshipr''Tlris.warranty is predicated on door- to•door' delivery in an air -ride van or the warranty is null void. Seller, reserves the right to refuse shipment in a non -air -ride vehicle. Notwithstanding the above, a warranty period of only ninety (90) days shall apply to data processing equipment included as part of a system, such as computer, disk drives, printers, and the like. Seller makes no warranty with respect to components which, by their nature, are normally required to be replaced periodically consistent with normal use or maintenance, or as listed elsewhere in the applicable quotation. The above warranties do not cover components manufactured by others and which are separately warranted by the manufacturer. Seller shall cooperate with Purchaser in obtaining the benefits of the warranties by manufacturers of such items but assumes no obligation with respect thereto. This warranty shall not apply to any Seller- manufactured components that have been repaired or altered by anyone not authorized by Seller in,writing.. The warranty shall not apply to any components subjected to misuse due to negligence, adverse •environmental'eonditions (refer to the spepifecations'tound iii the pre installation guide; user manual,.andlor literature), accident, nor to any components which are not operated in accordance with the printed instructions 'm the operation manual or good engineering and/or optical and/or electrical practice. Time, materials, and expenses shall be billed. to Purchaser at the rates then in effect for non- contract"purchasers on any repairs oi'replacements not coverer/ by the above warranties Seller's entire liability, and Purchaser's exclusive remedy, with respect to any breach by Seiler of the foregoing warranties is limited.to, at Seller's discretion, (a) the return and refund of the purchase price paid, or (b) repair or replacement at Seller's factory of the products purchased, or any component thereof, which Seller has determined to be defective after inspection at Seller's factory. All defective items replaced pursuant to the above warranty become the property of Seller. Costs of shipping both defective items and replacements, therefore, shall be the responsibility of, and paid by, Purchaser. THE ABOVE WARRANTIES ARE GIVEN EXPRESSLY IN LIEU OF ALL WARRANTIES INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE REMEDIES SET FORTH HEREIN ARE EXCLUSIVE. SELLER'S PERFORMANCE THEREOF SHALL CONSTITUTE FULFILLMENT OF ALL LIABILITIES OF SELLER WHETHER BASED ON CONTRACT, NEGLIGENCE OR OTHERWISE WITH RESPECT TO OR ARISING OUT OF SELLER'S PRODUCTS. SELLER SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES. The limitation on damages set forth above shall apply to all aspects of these Conditions of Sale and to any other documents to which these are attached or in which these Conditions of Sale are incorporated, including, without limitation, to Seller's obligations hereunder and thereunder. Seller shall have no liability or obligation under any warranty if Purchaser is delinquent in making any payment due to Seller. It. Remedies of Purchaser: Purchaser may cancel an order if Seller has materially breached this Agreement and any money paid to date will be reimbursed (subject to the limitations set forth herein) The foregoing shall be the exclusive remedy of Purchaser for any breach of Seller, other than Seller cancellation. 12. Remedies of Seller: If Purchaser fails to pay the purchase price for products or services ordered or any other amount payable with respect thereto as it becomes due or wrongfully rejects the products or services or any part thereof, then Seller shall have the right to recover, in addition to the purchase price of the said products and services and all other amounts payable in eortmetion therewith, all costs incurred by Seller in recovering moneys due. In addition to the foregoing and all other remedies that Seller may have hereunder or by law, Seller without notice (a) may bill and declare due and payable all amounts payable with respecf to products under this or any other agreement or contract between Seller and Purchaser and/or (b) may suspend shipment hereunder and under any other agreement or contract between Seller and Purchaser until such default, breach or rejection is cured and/or (c) may cancel any undelivered portion ofthis and/or any other agreement or contract between Seller and Purchaser in whole or in part (provided that Purchaser shall remain liable for all products delivered and for damages) a nd/or (d may offset any liabilities owed to Purchaser as partof this or any other agreement or contract between Seller and Purchaser. 13. Ability or Seller to Perform: Seller has the option to reject or cancel an order with no penalty if for any reason it becomes impractical or impossible to manufacture the ordered products, I L Patents and Copyrights: If any item in Scllces products sold hereunder when used for their normal purposes are charged with an infringement of a United States patent issued on or before the date of this Agreement and if Purchaser has given prompt written notice of this charge, Seller at its option (a) shall obtain for Purchaser the right to use such item, free of charge, or (b) shall substitute for such item another equally suitable item, or (c) at Seller's expense shall institute or defend any suit or legal proceeding which may arise as a result of such charge and in any such suit or legal proceeding shall satisfy any final award for such infringement. Sellers obligations hereunder are subject to the conditions that the charged infringement not arise from the combination ofthe items furnished with other equipment or devices not furnished by Seller, or from modification or alteration of the equipment, or from the use of the equipment in the performance of any patented. process. These provisions set forth Sellers entire responsibility for any claim or charge ofpatent infringement against Purchaser. t5. Copying of Replicating Products: The products sold are for Purchaser's individual use and may not be copied or replicated. Purchaser shall be liable for all damages, including loss of anticipatory profits, incurred by Seller as a result of such conduct. 16 Safety Obligations: Purchaser shall use safe operating procedures in the use of all products supplied by Seller, including Material Safety Data Sheets supplied with any chemicals that may be supplied, and the use of all safety devices and guards when operating equipment, and Purchaser shall maintain the same in proper working order. If Purchaser fails to observe the obligations contained in this paragraph, Purchaser agrees to indemnify and hold Seller harmless from any liability or obligation incurred by Seller arising out of Purchasers use or misuse of any such products, including- without limitation, to persons injured directly or indirectly in connection with the use or operation by Purchaser of the products. The foregoing indemnification shall in no event be deemed to have expanded Sellers liability for the products. Seller's products are not for any cosmetic, drug, food, or household application. A condition of Sellers acceptance of a purchase order is that only qualified individuals, trained and familiar with procedures suitable for the products ordered, will handle them. 17. Governing Law: This Agreement and the rights and obligations of the parties hereunder shall in all respects be governed by the laws of the State of New Jersey. Each of Purchaser and Seller hereby irrevocably submits tolhe non exclusive jurisdiction of any New Jersey State court or any Federal court located in the Stale of New Jersey as to any suit, action or proceeding arising out of or relating to this Agreement, and each also hereby agrees and consents that, in addition to any methods of service of process provided for under applicablelaw, all service of protest in any suit, action or proceeding in any New Jersey State court or any Federal court located in the State of New Jersey may be made by certified or registered mail, return receipt requested directed to Purchaser or to Seller, as the case may be, to the respective address indicated in this Agreement, and service so made shall be complete five (5) days after the same shall have been so mailed, 18. Entire Agreement: This Agreement contains the final and entire agreement between Seller and Purchaser and no understanding representations, agreements, modifications, akeratitms or additions shall be effective unless in writing signed by Seller and Purchase. Prescri�� 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 vVhom, rates per day, number of hours, rate per hour, number of units, price per unit, etc. Payee Horiba Jobin Yvon, Inc. Purchase Order No. L6ckbox 7.76013 Terms 6013 Solutions Center Chicago, IL 60677 -6000 Date Due Invoice Invoice Description Amount Date Number (or note attached invoice(s) or bill(s)) 11/1 210 208152 a ent for lab supplies 131.14 Total 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 VOUCHER NO. WARRANT NO. ALLOWED 20 HOriba International Corporation IN SUM OF Lockbox 776013 6013 Solutions Center Chicago, IL 60677 -6000 131.14 ON ACCOUNT OF APPROPRIATION FOR police general fund Board Members PO# or INVOICE NO. ACCT #/TITLE AMOUNT DEPT. I hereby certify that the attached invoice(s), or 1110 208152 390 -99 131.143 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 December 3 2 0 08 Signature Chief of Police Cost distribution ledger classification if Title claim paid motor vehicle highway fund