164756 10/16/2008 CITY OF CARMEL, INDIANA VENDOR: 357701 Page 1 of 1
ONE CIVIC SQUARE HORIBA JOBIN YVON INC
CARMEL, INDIANA 46032 PO BOX 462 CHECK AMOUNT: $85.38
EDISON NJ 08816 -0462 CHECK NUMBER: 164756
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CHECK DATE: 10/16/2008
DEPARTMENT ACCOU PO NUMBER INVO NUMBER AMOU D
10 4239099 207075 85.38 OTHER MISCEL,LANOUS
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NORIBA JOBIN YVON INC. Horiba International Cor
ter
I�itI�J�BIN YVON 3ee0 PARK A VEN UE Lockbox #77fi013
®1$ON, N.J. 08820•$012 USA Chicago�IL -6000 ?An
9001:2000 PHONE: 732 494.8660
Wire information:
r= ACOT FAX: 732.549.3781 Horiba International Corporation
Union Bank of California o
1980 Saturn Street
Monterey Park, CA 91755 4 5 006 a
Acct# 1520008760
ABA #122000496 q
'CARMEL POLICE DEPT. CARMEL POLICE DEPT.
3 CIVIC SQUARE 3 CIVIC SQUARE
ATTN. JOHN ELLIOTT ATTN. JOHN ELLIOTT
CARMEL IN 46032 CARMEL IN 46032
Tax ID:
Tax Cert: '003120155.002 0 SPECIAL INST
a
10 /13%08 092208 FO$ Our Dock 21056.50120.200
1. UfjU
SWAB BOXES £iD1225 EA 260'000 .1995 39.90 4
10/13/00`
100 /PK EA.
2.000
bUAL PRONG SWAZI BOX PLAIN BD1280P EA 100.000. .3900 39.00 Y
10/13/08
'100/RK EA
3.000
Freioht FREIGHT EA- 1.000 6.4600 6.48 N
10/13/0e
TAX D UE
Net 30 days 10/25/08 7.000 85.38
SEE TERMS AND CONDITIONS OF SALE ON SACK ORIGINAL
i
HORIBA JOBIN YVON,INC.`...
CONDITIONS OF SALE
1: Scope: ALL SALES OFSELLER ARE AND SHALL BE SUBJECT THESE CONDITIONS OF SALE WHICH TAKE PRECEDENCE OVERALL OTHER TERMS AND CONDITIONS.
SELLER REJECTS ALCADDITIONAL, CONTRARY OR DIFFERENT TERMS AND CONDITIONS PROPOSED BY PURCHASER, AND NO ADDITIONAL, CONTRARY OR
DIFFERENT TERMS AND CONDITIONS SHALL BE BINDING ON SELLER, UNLESS. SPECIFICALLY ACCEPTED AND AGREED TO BY SELLER IN WRITING.
2. Terms of Payineni: Unless otherwise specified, Payment, Terms are thirty-five percent (35 with sixty percent (60 upon delivery, five percent (5 upon acceptance. Payments of the
initial and delivery amounts shall be due at the time the order is placed and upon'delivery, respectively- ayment 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 (I V2.5!o) 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 at 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.A pioducts; 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 Sellerlarry 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.
5. Inspection at Factory: Orders are accepted based on inspection and acceptance at Seller's 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.
G 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 Seller's
reasonable_ ,control, including, but not limited to, strike, embargo, government regulation, Letter of Credit delays, war, terrorist actor inability to obtain materials or services. If performance by Seller
is delayed b reason of anysuch unfomseen conditions of circumstance beyond its reasonable control, Seiler shall notify Purchaser, and the time for performance by Sella shall be extended for the
Y Y
nod.cf suchdela De]a s m dative shell noYbe ounds for cancellation oforder or reduction of purchase price.
7 Quotations and Prices: Unless otherwise specified, each quotation is firm for. thirty (30)`eiays
a Tax payment: Any tax imposed by any federal, state or other governmental authority 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 Sella 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 of the Ptirchasc price:;PUrchaser.will bc.resporssible to pay the fLll selling'price, restocking fee or cancellation fee, whichever,is' appropriate;
of Special or Custom products Ptipchafedby Seller to fWfill th'e delivery of products ordered under this Agreement.
10. Warranty. Seller warrants that for a period ofone (1) year from the date of delivery of the products; or as dei6ri6ed below, that all components'manufactwed and delivered by Seller will be free
of manufacturing defect in material and workmanship. This warranty is predicated on door- to-door delivery in an air -ride van or the warranty is null and 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 conditions (refer to the specifications found in the pre installation guide, user manual, and/or literature), or accident, nor to any components which are not
operated in accordance with the printed instructions in 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 or replacements not covered by the above warranties Seller's entire liability, and Purchaser's exclusive remedy, with respect to
any breach by Seller 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 CONSTTTUTE
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 We 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.
11. 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.
I2. Remedies of Seiler: 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 connection
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 respect, 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 atuvor 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) and/or (d) may offset an y liabilities ow_ ed to
P urchaser as part of this or any other agreement or contract between Seller.and Purchaser:
13: Ability of Setler 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.
14 Patents and Copyrights: If any item in Seller's 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. Seller's 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 Seller's entire responsibility for any claim or charge of patent infringement against Purchaser.
15. 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 Sella, including Material Safety Data Sheets supplied with any chemicals that maybe
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 Purchaser's 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 Seller's 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 to the non exclusive jurisdiction of any New Jersey State'court or any Federal court located in the State 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 applicable law, all service ofprocess 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 Agreementr This Agreement contains the final and entire agreement between Seller and Purchaser and no understanding representations agreements, modifications, alterations or
additions shall be effective unless in writing signed by Seller and Purchase.
Presedbed.by State Board of Accounts City Form No. 201 (Rev. 1995)
ACCOUNTS PAYABLE VOUCHER
�J CITY OF CARMEL
kh 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
Horiba Jobin Yvon, Inc. Purchase Order No.
Lcokbox #776013
6013 Solutions Center Terms
Chicago, IL 60677 -6000
Date Due
Invoice Invoice Description Amount
Date Number (or note attached invoice(s) or bill(s))
9/25/08 207075 payment for lab supplies 85.38
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 Jobin Yvon, Inc. IN SUM OF
Lockbox 776013
6013 Solutions Center
Chicago, IL 60677 -6000
85.38
ON ACCOUNT OF APPROPRIATION FOR
police general fund
Board Members
Po# or INVOICE NO. ACCT /TITLE AMOUNT
DEPT. 1 hereby certify that the attached invoice(s), or
1110 207075 390 -99 85.38 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
October 13 20 08
Signature
Chief of POlice
Cost distribution ledger classification if Title
claim paid motor vehicle highway fund