156204 02/06/2008 CITY OF CARMEL, INDIANA VENDOR: 357613 Page 1 of 1
Q ONE CIVIC SQUARE HORIBA JOBIN YVON INC
�r CARMEL, INDIANA 46032 PO Box 462 CHECK AMOUNT: $1,204.67
EDISON NJ 08815 -0452 CHECK NUMBER: 156204
CHECK DATE: 21612008
DEPARTMENT ACCOUNT PO NUMBER INVOIC NUMBER AMOUNT DES
1110 R4239099 17265 201777 1,204.67 MISC SUPPLIES
I
i
,A. FIORI13A JOSIRI YVON INC. 1
H0RIBAJOBIN YVON 3880 PARK AVENUE 01/15/08
EDISON, N.J. 08820.3012 USA MORIBA JOBIN YVON INC.
ISO 9001:2000 PHONE: 732.494.8850 P.O. BOX 462 32551
ACCT FAX: 732.549.3791 EDISON, NJ 08818 -0462 115
40949 56
201777 RI
CARMEL POLICE DEPT. CARMEL POLICE DEPT.
3 CIVIC SQUARE 3 CIVIC SQUARE
ATTN. TERESA ANDERSON ATTN. SGT JOHN ELLIOTT
CARMEL IN 46032 CARMEL IN 46032
Tax ID:
Tax Cert: 35- 60000972
e
UPS PP &A
12/04/07 17265 FOB Our Dock .21056.50120.200
1.000
DISPOSABLE BOOT COVER PP1637 EA 80.000 .9750 78.00 Y
12/04/07
PROTECTIVE EA
2.000
LG VINYL POLICE BOOTS PP1705 EA 10.000 6.0000 60.00 Y
12/04/07
ONE PAIN EA
3.000
MED VINYL POLICE BOOTS PP1700 EA 10.000 6.0000 60.00'. Y
12/04/07
EA
4.000
5.2" X 14.4 °WHITE GEL LIFTER LP06143 EA 5.000 7.2500 36.25 Y
12/04/07
2 /PACK EA
5.000
5.2" X 14.4" BLACK GEL LIFTER LP06141 EA 5.000 7.2500 36.25 Y
12/04/07
2 /PACK .,EA
6.000
PHENOLPHTHALEIN BLOOD TEST KIT BD1200 EA 2.000 33.0000 66.00 Y
12/04/07
PRESUMPTIVE TEST EA
7.000
FINGERNAIL COLLECTION KIT BD1251 EA 4.000 1.9500 7.90 Y
12/04/07
ORIGINAL
SEE TERMS AND CONDITIONS OF SALE ON BACK
HORIBA JOBIN YVON INC.
CONDITIONS OF SALE
1. Scope: ALL SALES OF SELLER ARE AND SHALL' BE SUBJECT TO THESE. 'CONDITIONS OF SALE WHICH TAKE PRECEDENCE OVER ALL OTHER TERMS AND CONDITIONS.
SELLER REJECTS ALL ADDITIONAL, 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.
Z. 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 amounts shall be due at the time the order is placed and upon delivery, respectively. Payment of the acceptance amount shall be made in Cull within thirty (30) days from the date
of the invoice. A monthly service charge of one and one -half percent (I -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 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 all 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!
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.
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 Seller's
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. If performance 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 order or reduction of purchase price.
7. Quotations and Prices: Unless otherwise specified, each quotation is firm for thirty (30) days.
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 taxis 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 Seiler'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 percent (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, Seiler warrants that for a period of one (])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 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
r Seller- components that been repaired or- altered by, anyone -not authorized :.by Seller.in.,wntmg_, The warranty shall not apply to any components•subjected to misuse due to
negligence adverse environmental condittons,(refer to the specifications found jri the pre ipsfallanon''g uide riser manual; and/or ]iterafure); or, accident, nor to any components which'are,not
operated in`accordaiice with'tlie printed instructions in the operation manual or goodengtneermg and %or optical and/or electrical practice." Time, materials; and'ex'penses 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 Purchasers 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 A'BO,'E'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.
Tht IiriutaUon 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 Sellers obligations hereunder and, thereunder. Seller shall have no liability or obligation under any warranty if Purchaser is delinquent in making any
11}'Remedies of ]purchaser: "Purchaserrna cancel an order if Seller has material/ breached this Agreement a ment due to Seller
y y Ag nt and any money paid to date will be reimbursed (subject to the limitations set forth
12. Remedies of Seller. e1 Purchase clusive remedy of Purchaser for any breach of Seller, other than Seller cancellation-
herein The foregoing shall be`the e
r'fails to pay the purchase, price for. products or services ordered or any other amourit 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'ln 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 orany 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
contract between Seliet end Purchaser'in whole or in part (provided that Purchaser shall remain liable for all products delivered and for damages) and/or (d) may offset any liabilities owed to
Purchaser as part of this or any other agreement or contract between Seller and Purchaser.
13.- Ability or Seller to Perrorrii ell
Swhas the option to rejector cancel an order.withme 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 obiigations hereunder are subject to the conditions that the charged infringement not arise from the combination of the
items furnished with other equipment or devices not furnished by Seller, or from•modification or alteration of the equipment, or from [he use of the equipment in the performance of airy 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, includi j 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 equipmc;mf,.and Purchaser shall maintain the same in proper working order. If Purchaser fails to observe the obligations
contained in this Purchaser agrees to ifideinhi indhold Seller harmiess from any or obligation incurred b Seller arisi out of Purchasers use or misuse of an such roducts,`
paragraph, g h" Y Y g Y g P
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, irrevocatily,submits to the non exclusive Jurisdiction Wf° i,y Neke)crsey State court or any Federal court located in the State of New Jersey as to any suit, action or proceeding arising out of
orrelatin '"to'this Bement;' andeaclialso `hcreliareesand'consentstha[ madditiontoariymethodsof` sdrvtce. oCprocess "provtdedforeindeiappEicAble' law ;alLserviceofprocessinariysuit,
Y g
action or proceeding in any New Jersey State court or any Federal court located in the 'State'of N6w Jersey may be made by'certified`oi rcgistered rrail,'roturn receipt requested directed to Purchaser
or to Seller, as the ease 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, alterations or
additions shall be effective unless in writing signed by Seller and Purchase.
t.
11 44 a
t�- HORIBA JOBIN YVON INC.
14ORMAJOBIN YVON 3880 PARK AVENUE
EDISON, N.J. 08820.3012 USA HORIBA JOB IN YVON INC. a
ISO 9001:2000 PHONE: 732 494.8660 P.O. B OX 462
ACCT PAX: 732. 549.3791 EDISON, NJ 08818 -0482 I i
40949 56
0
za1�77 RI
CARMEL POLICE DEPT. CARMEL POLICE DEPT.
3 CIVIC SQUARE .3 CIVIC SQUARE
ATTN. TERESA ANDERSON ATTN. SGT JOHN ELLIOTT
CARMEL IN 46032 CARMEL IN 46032
o
Tax 1D:
Tax Cert: 35- 60000972
UPS PP &A
12/04/07 17265 FOB Our Dock 21056.50120.200
i
8.000
3X —LARGE FULL COVERALL SUIT PP1631 EA 4.000 8.0000 32.00 Y
12/04/07
HOOD AND BOOTS EA
9.000
50ML MEDIUM VISCOSITY POLYCAST IE1804 EA 4.000 19.0000 76.00 Y
12/04/07
POLYVINYLSILOXANE EA
10.000
16" X 100' ROLL OF LIFT FILM IE1824 EA 1.000 95.0000 95.00 Y
12/04/07
DUSTPRINT EA
11.000
2" WHITE ADHESIVE PHOTO SCALE PS0309 EA 50.000 .0900 4.50 Y
12/04/07
50 /PK EA
12.000
BLUE FORCE 72MM FLEX ARM AL0950 EA 1.000 559.0000 559.00 Y
12/04/07
32 LED RING LIGHT EA
13.000
62 -72MM STEP RING AL0860SR EA 1.000 28.0000 28.00 Y
12/04/07
EA
14.000
Packing_ Handling PACKING AND HANDLING EA 1.000 17.0800 17.08 N
12/04/07
i i
SEE TERMS AND CONDITIONS OF SALE ON BACK ORIGINAL
HORIBA' JOBIN YVON INC,
CONDITIONS OF SALE
L Scope: ALL SALES OF SELLER ARE AND SHALL BE SUBJECT TO THESE CONDITIONS OF SALE WHICH TAKE PRECEDENCE OVERALL OTHER TERMS AND CONDITIONS.
SELLER REJECTS ALL ADDITIONAL, 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 Payment: Unless otherwise specified, Payment Terms are thirty-five percent (35 0 with order, 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. 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 -1l2 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 all 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. dnspeclion 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.
b 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 act or inability to obtain materials or services. If performance 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 order or reduction of,purchase price.
7. ;Quotations and Prices: Unless otherwise specified, each quotation is firm for thirty (30) days.
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 taxis 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 percent (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 that for a period ofone (1) 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 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 repaircd;or altered by anyonenot authorized by.Seller in writing.. The warranty shall not apply to any, components subjected to misuse due to
negligence advers,e-enviror%inental conditions (refer tc the specifrcations,fouiid'in the pre installation;guide user manaal and /or literature} o'r- accident, nor to any componen€s which are not
op'erated in accordance with th'e pr nted instructions lit the oper "auon manual or good engineering apd /or optical 'andlorelectrtcal'practice. TimeJtriaterials; 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 Purchasers 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.tho 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 jREMEDIES'SET Ft7RTH'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 applyto'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'obligatioiis hereunder 'and thereunder, ;Seller shall have no liability or obligation under any warranty if Purchaser is delinquent in making any
payment due to Seller.
H. Remedies or 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 Iii oductS,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 eof the said products and services and all other amounts payable in connection
therewith, all costs incuired•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,allainounts payable with respect to.products under this orany other agreement or contract between Seller and Purchaser and/or (b) may suspend shipment hereunder and
under an y other agreemenl'or,contiact 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'AUrchaser in whole or in part (provided that Purchaser shall remain liable for all products delivered and for damages) and/or (d) may offset any liabilities owed to
Purchaser as part of this or. any other agreement or contract between Seller and Purchaser.
13. Ability or Selfer'to Perform ''`Seller has the option to rejector 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 Seilet'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 of the
items furnished with other equipment or devices not furnished by Seller, or from rriodification 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.
is. Copying orReplicating 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 maybe
supplied, and the use of all safety devices and guards when operating equiprrteni, and Purchaser shall maintain the same in proper working order. If Purchaser fails to observe the obligations
contained in this paragraph, Purchaser agrees to inderiinify "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 Seller's 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. Goverotng,Law: This,Agseement 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 ineyoca61" b 'L 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 ed this Agreement, and each also hereby agrees andcon'seuis that to iddition to 'any methods of.scrvico ofprocess prwided,for under applicable law;•a11 service of process in,anysuit,
action or proceeding in any New Jersey State court or any Federal court located in the State of New- Jersey`may be"riiade by'certified or registered 'mail, return ieceiptrequested; 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, alterations or
additions shall be effective unless in writing signed by Seller and Purchase.
r
NORIBA'JOBIN YVON INC.
3
H$1RMAJOBf N YVON 3880 0�, K AVE A 30: x USA r 08
ISO 9001.2000 PRONE: 732 494 -8660 HORIBA JOBIN YVON INC. 32661
ACCT FAX: 732.549.37911 P.O. BOX 462 115
EDISON, NJ 08818 -0462
40949 5
201777 RI
CARMEL POLICE DEPT. CARMEL POLICE DEPT.
3 CIVIC SQUARE 3 CIVIC SQUARE
ATTN. TERESA ANDERSON ATTN. SGT JOHN ELLIOTT
CARMEL IN 46032 CARMEL IN 46032
Tax ID:
Tax Cart: 35-60000972
0
r r P r "I'll
UPS PP &A
1.2/04/07 17265 FOB Our Dock 21056.50120.200
LIN NO
p
r
SHIP
r r
15.000
Freight FREIGHT EA 1.000 48.7900 48.79 N
12/04/07
NET DPE r r r
=Net ys 02/14/08 6.000 1.204.67
ORIGINAL
SEE TERMS AND CONDITIONS OF SALE ON BACK
i J
HORIBA JOBIN YVON INC.
CONDITIONS OF SALE
1. Scope: ALL SALES OF SELLER ARE AND SHALL BE SUBJECT TO THESE CONDITIONS OF SALE WHICH TAKE PRECEDENCE OVER ALL OTHER TERMS AND CONDITIONS.
SELLER REJECTS ALL ADDITIONAL, 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 or 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 amounts shall be due at 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- hal£percent (1 -1l2 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 all 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 Sellers 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.
6 Delivery: Unless otherwise specified, products ordered will be shipped from Seller's plant within three (3) months olreceipt 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 act or inability to obtain materials or services. If performance 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 order 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 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.ch'arged 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. Incases where Seller agrees to cancel an order, Purchaser agrees to a
minimum cancellation fee of twenty-five percent (25 of the purchase price. Purchaser will be responsible to pay the full selling price, restocking fee or cancellation fee, whichever is appropriate,
ofSpecial or Custom products purchased by Seller to fulfill the delivery ofproducts ordered under this Agreement,:
10. Warranty. Seller warrants that for a period of one (1) year from the date of delivery of the products, or as described below, that albcomponents manufactured 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 thedike. 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
Sellerrmanufactured 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
negligetice,.adyerse environmental condiuons (refer to the specifications found m the,pre= installation guide user manual, and/or literature or` accident; nor,to any components which are not
operated in 'accordance nvrtli tha pr ritcd'instructions in th'e operation'manual or good engineering and/or optical and /or electrical practice. Timc,.materlal5, and.exp ®rises seal[ 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 Sellers 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, Rachaser-
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 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 hereunderand 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 Purchase K.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 th`e exclusive remedy of Purchaser for any breach of Seller, other. than Seller cancellation.
12. Remedies otSetler, If;Purchase'r fails to pay the purchase price for products.or services ordered or any otheharnount payable with r.speci as it becomes due or wrongfully rejects the
products or Services or any, art thereof, then Seller shall have the right to,recover in addition to the purchase price''of•the said products and services.and all other am
therewith, all costs incurred by.Seller. in recovering moneys due. In addition ounts payable in connection
to the foregoing and all other remedies that Seller may have hereunderor law, Seller without notice (a) may bill and
declare due and ;payable alFamounts 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 of this and/or any other agreement
or contract betweeri'Selier aril Purchase -in whole or in part (provided that Purchaser shall remain liable for all products delivered and for damages) and/or (d) may offset any liabilities owed to
Purchaser as part ofthis or'any'other agreement or contract between Seller and Purchaser.
13. Ability or Seiler 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.
1Q 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 Sellers 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 of the
items furnished with other equipment or devices not famished by Seller, or frocri 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 Seller, including Material Safety Data Sheets supplied with any chemicalsthat may be
supplied, and the use of all safety devices and guards when operating equipmb4 and Purchaser shall maintain the same in proper working order. If Purchaser fails to observe the'bbligations
contained in this paragraph, Purchaser agrees to indemnify and hold Seller harmless from any liability or obligation incurred by Seller arising out o£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.
1.7..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
her irievocablly submits tot a non- exclusiveluiisdretton.of any I3ew,lerscy State court or any Federal court located in the State of New Jersey as to any suit, action or proceeding arising out of
or relatin g to this A 8 'reement;' and each also heieb Y a g revs i id'eonsents'that fh Wdi66ii G ariy' "method's of.service of process provided for under applicable law, all service of process 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`certdiied or registered mail;'return receiptregnested, 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, alterations or
additions shall be effective unless in writing signed by Seller and Purchase.
0_ INDIANA RETAIL TAX'EXEMPT PAGE
CERTIFICATE NO. 003120155 002 0 9
C of Ca
PURCHASE ORDER NUMBER
FEDERAL EXCISE TAX EXEMPT
35- 60000972
ONE CIVIC SQUARE THIS NUMB R M ST APPEAR ON INVOICES, A/P
CARMEL, INDIANA 46032 -2584 VOUCHER, DELIVERY MEMO, PACKING SLIPS,
SHIPPING LABELS AND ANY CORRESPONDENCE.
FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL 1997
PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION
VENDER SP EX Forensics SHIP Carmel Police Department
19963 W. 158nrl.. St. TO 3 Civft Sousre
O'L thep 1?S 66062 Carmel, IN 46.032
CONFIRMATION BLANKET CONTRACT PAYMENTTERMS FREIGHT
QUANTITY. UNIT OF MEASURE DESCRIPTION UNIT PRICE. EXTENSION
40 PP1637- Protective lisp. boot covers 1,95 78„00
1fl PP1705- Vinyl. Police its large 600 60,00
1 0 PP1700 Vinyl. Police Roots Pledium 6.00 60.00
5 LP46143 Rubber gelatin Lifters 5,2 "x14,4 white 7.25 38,25,E
5 LP06141- 'dubber- gelatin LV.ters 5.2° black 7.25 38.25✓
2 BD1200- enolph S bl ood test. kit: 33.00 ,66.00,!
4 ED1251- Ping. kit 1.95 7,8O,`
4 nP1631- Per r t c iv l 4 8.00 32.00
4 TP-1 X304- Po `aril rib Aiu"m" vik 19.00 76.00,.1
1 1 1324- i'if'ting film# 6 X 95.00 95.00
1 ?50309- C` `,'hato scale5�"� hi.t� �h ck print 4.50 4.50,/
1 AL0950- e f o bkY 7 2 nx arm 3 :ring 11 559.00 559. C�0
1 :Ln864S ,62 --72 St rinQ'; 28.00 28.00/
B C, PACKI R L, I�: �R� 9 1 x.87,/
�EIGIW, PAC.kGI�IG AND ������I�r e 1 4�i.00
Send Jnvoice To: Cili+
ATTN o Teresa !Anderson.
3 Civic Square
Carmel, IN 46032
PLEASE INVOICE IN DUPLICATE
DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT
1110 390-99 lab supplies PAYMENT 1
f�E A/P VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O.
NUMBER IS MADE A PART OF THE VOUCHER AND EVERY INVOICE AND
VOUCHER HAS THE PROPER SWORN AFFIDAVIT ATTACHED.
SHIPPING INSTRUCTIONS I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN
THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER.
SHIP REPAID.
C.O.D. SHIPMENTS CANNOT BE ACCEPTED.
PURCHASE ORDER NUMBER MUST APPEAR ON ALL ORDERED BY
t
SHIPPING LABELS.
THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 TITLE Chief of Police
AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO.
f CLERK TREASURER
DOCUMENT CONTROL NO.1 6 5A•P•V. COPY SIGN AND RETURN TO CLERK'S OFFICE
VOUCHER NO.—� WARRANT NO.
ALLOWED 20
IN THE SUM OF
ON ACCOUNT OF APPROPRIATION FOR
Board Members
PO# INVOICE NO. ACCT /TiTI -E AMOUNT
DEPT. I hereby certify that the attached invoice(s); or
biil(s) is (are) true and correct and that the
materials or services itemized thereon for
which charge is made were ordered and
received except_
20
Signature
Title
Cost distribution ledger classification if
claim paid motor vehicle highway fund
Prescv,4ed 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
whom, rates per day, number of hours, rate per hour, number of units, price per unit, etc.
Payee
Horiba 3obin Yvon, Inc. Purchase Order No. 17265RF
P.O.B ox 462 Terms
Edison, NJ 08818 -0462 Date Due
Invoice Invoice Description Amount
Date Number (or note attached invoice(s) or bill(s))
1/15108 201777 for lab supplies 1,204.67
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
Roriba Jobin Yvon, Inc.
IN SUM OF
P.O. Box 462
ison, NJ USBIS-U415Z
1,
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
17265RF 201777 390 -99 1,204.67 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
January 29 20 08
Signature
Chief of Police
Cost distribution ledger classification if
Title
claim paid motor vehicle highway fund