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HomeMy WebLinkAbout198897 07/06/2011 CITY OF CARMEL, INDIANA VENDOR: 00350714 Page 1 of 1 ONE CIVIC SQUARE AIRWORX CORP CHECK AMOUNT: $34.42 CARMEL, INDIANA 46032 PO BOX 7042 INDIANAPOLIS IN 46207 CHECK NUMBER: 198897 CHECK DATE: 7/6/2011 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 1120 4237000 232480 -0001 34.42 REPAIR PARTS ,ate Page: 1 construction equipment supply Remit To P BOX 7042 IN 46207 -7042 501 W. RAYMOND ST. INDIANAPOLIS, IN 46225 MON FRI 7:00 5 :00 317 -471 -1272 SATURDAY CLOSED Customer: 1132 SUNDAY CLOSED CARMEL .FIRE. DEPT. S ALES INVOICE 2 CIVIC: SQUARE:: CARMEL;' IN 46032 Invoice 23248.0- `0001 System date.. 6/20/:11 Irivoice date .6/20/11 5 01 PM, Job Sitec.. Job Loc 2 CIVIC SQUARE, CARMEL °CARMEL FIRE .DEPT.. Job No... 3 CARMEL FIRE DEPT:: 2: CIVIC SQUARE P.O. BOB V: ...CARMEL IN:<`::: 4 6 0 3 2 Ordered B y.. BOB V Sa les Rep HOUSE C 317' -57>1 -2600 J# 317 571 -2600 Written by. AAOOIDR' QtY::: Item :::.number Unit Bin Loc,. ..:Price:; Amount: 4 RUBBER FLOOR PAD ASSY EA F4.3 6.800 27.20 0082 -0283 1 FREIGHT CHARGES (PARTS) EA 7.220 7.22 FRT DELIVERY CHARGE DELIVERY INSTRUCTIONS: Drop shipped parts via UPS Ground.. Sub total: 34.42 Total: 34.42 ATTN: CUSTOMER IS TO CALL EQU I PMENT OFF RENT AND ACQ UIRE A TERM INA T 10 N NUMBER. Dealer agrees to waive certain damages and loss claims against Customer, which are provided for on the reverse side of this contract, in consideration of the following: A. Customer shall pay a fee of 10% of gross rental charges. B. A valid certificate of insurance is provided Dealer prior to the hire of equipment, whereby Dealer is named an additional insured on an insurance policy, covering the risk of loss by damage, death or otherwise, of the subject equipment, and said insurance being primary coverage as against any other insurance which may be provided by Dealer. DAMAGE WAIVER DECLINED I HAVE READ AND I AGREE TO THE CONTRACT TERMS ON THE BACK OF THIS DOCUMENT. THOSE TERMS CONSIST OF OUR ENTIRE AGREEMENT. NO ONE HAS ANY ORAL OR OTHER WRITTEN REPRESENTATIONS OR PROMISES NOT INCLUDED IN THIS CONTRACT. I HEREBY ACKNOWLEDGE RECEIPT OF A COPY OF THIS CONTRACT. CUSTOMER SIGNATURE DATE NAME PRINTED DELIVERED BY DATE YOU ARE CHARGED FOR THE TIME EQUIPMENT IS IN YOUR POSSESSION, NOT TIME IT IS USED, AND CONDITION OF EQUIPMENT DESCRIBED ABOVE IS IN GOOD WORKING ORDER. TERMS AND CONDITIONS (EQUIPMENT RENTAL) Airworx Construction Equipment Supply LLC "Airworx hereby rents to lessee identified on the reverse page of this rental agreement "lessee the personal property described on the reverse page of this agreement, subject to all of the terms and conditions on each page of this agreement. Lessee in consideration thereof, acknowledges and agrees as follows: 1. Lessee has at this date and at this time specified, received under this rental agreement from Airworx the item(s) of personal property listed and identified on the reverse page (co Ilectively, the "Equipment 2. Lessee shall soley use the Equipment only at the designated address for the stated period and soley for the puposes for which the Equipment was manufactured and intended. Lessee further agrees that the Equipment will not be removed from the designated address without the written consent of Airworx, except to return it to the designated Airworx location. LESSEE AGREES AND ACKNOWLEDGES THAT AIRWORX IS NOT THE MANUFACTURER OF THE EQUIPMENT HEREIN RENTED, NOR THE AGENT OF THE MANUFACTURER OF THE EQUIPMENT AND THAT AIRWORX GIVES NO WARRANTY AGAINST PATENT OR LATENT DEFECTS IN MATERIAL, WORKMANSHIP OR CAPACITY. AIRWORX HEREBY DISCLAIMS ANY WARRANTY, IMPLIED OR EXPRESSED OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 3. Lessee will immediately discontinue use of the Equipment should it at any time, following the execution of this agreement or any subsequent agreement, become unsafe or in a state of disrepair. Furthermore the Lessee will immediately notify Airworx that the Equipment is unsafe or in disrepair and until such time that Airworx has regained possession of the Equipment, the Lessee agrees to take all steps reasonably necessary and forseeable to prevent injuries to any person and all property from the Equipment. 4. Payment Terms d a. Lessee will pay the amount or amounts due to Airworx under this agreement within 30 days from the date of invoice. b. On all invoices not paid net 30 days, Lessee agrees to pay finance charge of 1.5% per month, 18% per annum, or the,maximun allowed by law. 40 c. In the event that a deliquent account is placed in the hands of a collector or an attorney for collection, or suit is instituted on this delinquent account, Lessee will be responsible for all costs of collection including court costs, collector's and /or attorney's fees; in addition to the amount delinquent and any finance chares that may have accrued. Upon failure to pay any invoice, rental contract, or any other breach of contract, Airworx may terminate this contract and take possession of and remove the goods from wherever they may be. Lessee agrees that Airworx shall not be liable for any claims for damages or trespassing arising from the removal of the goods from the Lessee's premises. d. All returned checks (NSF) will incur a service charge of 35.00. 5. Security Interest and Collateral assignment: Lessees hereby assigns and grants a security intest to Airworx in all of Lessee's rights, title and interest in any proceeds to be paid to Lessee for Lessee's work on any job where the Equipment is used, with full power to litigate.for, collect and discharge, or sell and assign the same. This assignment is made and given as collateral security for payment in full of all amounts due to Airworx under this agreement. Buyer hereby grants Airworx a limited power of attorney to make any filings necessary to perfect and maintain its security interests. 6. INDEMNIFICATION: Lessee assumes liability for and shall indemnify, defend and hold harmless Airxorx, its agents, employees, officers, directors, successors, and assigns from and against any and all liabilities, obligations, losses, demands, damages, in 1uries (including but not limited to, bodily injury, illness and death), claims, penalties, suits, actions, cost, and expenses, including attorneys fees, of whatsoever kind of nature, relating to or arising out of the use, condititon (including, but not limited to, latent and other defects and whether or not discoverable by Airworx or Lessee), operation, ownership, selection, delivery, leasing or return of the Equipment regardless of where, how, and by whom operated, or any failure on the part of Airworx to perform or comply with the conditions of this lease. Without limiting the gererality of the foregoing, Lessee shall at its own cost and expense, defend Airworx against all claims, suits or preceedings commenced by anyone in which Lessee is named as a party for which Lessee is alleged to be liable or responsible as a result of or arising out of the equipment, or any alleged act or omission by Lessee, and Lessee shall be liable and responsible for all costs, expenses, and attorney's, incurred in the defense and /or settlement, judgment, or other resolution thereof. In the event any such action is commenced naming Airworx as a party, Airworx may, in its sole discretion, elect to defend said action on its own behalf with counsel of its choice, and the Lessee shall be liable for and reimburse Airworx for all cost, expenses, and attorney's fees incurred by Airworx in such defense. The indemnities and assumptions of liablitites and obligations herein provided for shall continue in full force and effect notwithstanding the expiration or other termination of this agreement. Purpose of this Clause: It is understood and agreed by the parties that the purpose of this clause is to shift in its entirety the risk of all the claims relating to or arising out of the lease of the Equipment to Lessee hereunder. It is the intention of the parties that this clause to be interpreted broadly and in favor of Airworx. 7. DEFAULT: The following events shall constitute defaults hereunder on the parts of the Lessee: (a) the failure of Lessee to pay any rental payment, including supplemental rent, within (30) days after the date on which payment shall become due; (b) any breach or failure of Lessee to duly observe or perform any term, condition or other obligation hereunder; (c) Lessee ceases doing business as a going concern or circumstances occur resulting in the dissolution, termination of existence, discontinuance of Lessee's business, insolvency, business failure, or appointment of a receiver of any part of the property of, or an assignment of the benefit of creditors by Lessee or the commencement of any proceedings under any backruptcy, reorganization or arrangements, laws by or against Lessee; (d) Lessee attempts to sell or transfer or encumber in any way or sublet or part with possession of the Equipment of any part thereof other than in accordance with the terms of this agreement; (e) any warranty, representation or statement made or furnished to Airworx, by or on behalf by Lessee, proves to have been false in any material respect when made or furnished; (f) the occurrence or loss, theft, damage, destruction or the attempted sale or encumbrance by Lessee of any of the Equipment, or the making of any levy, seizure or attachment thereof or thereon; or (g) Lessee shall default in performance of any other obligation to Airworx. Upon the occurrence of an event or default, or if Airworx deems any item of the Equipment or any of its rights under this agreement,to be insecure, Airworx may, at its sole option (i) terminate this agreement; (ii) immediately retake possession of the Equipment, and for such purpose, Airworx may enter upon any premises where the Equipment may be and remove the same therefrom with or without notice, without being liable to any action, suit, claim or damage by or to Lessee whatsoever; or (iii) exercise any or all other rights and remedies that are available to Airworx at law, in equity or otherwise. 8. Damage waiver is and sales tax are not included in our rental rates. Should Lessee option to take damage waiver please refer to and sign off on seperate page containing the "damage waiver provisions." 9. Rental and Freight Charges: Rental starts when the Equipment leaves Airworx' rental yard and stops when it is returned. All rental rates exclude freight and delivery charges to and from the Lessee designated site. Lessee shall be responsible for all freight and delivery charges as billed by Airworx. 10. USAGE CHARGE and Rental Rates: a. 8 hours 1 day b. Equipment used in excess of 8 hours /1 day will be prorated to reflect extra hours. c. Lessee will be charged for time out, NOT time used. A week is 5 days. A month is 28 days. d. Airworx at its own discretion, may revert all charges to a daily rate if monthly statement or invoices are not paid on due dates. 11. FUEL All equipment requiring fuel is full when leaving the Airworx rental yard. Lessee will be billed for fuel used, upon return of the Equipment. 12. Insurance Against Damages and Loss of the Equipment: Once equipment leaves the Airworx rental yard, Lessee is responsible until equipment is returned and payment received during normal business hours. Lessee agrees to provide public insurance protecting Airworx from all losses, damages, occasioned by fire, theft, flood, explosion, accident, acts of God, or any other cause that may occur during the life of the rental. Lessee will protect the Equipment with public liability insurance for coverage to the limits of the State laws in which the equipment rented is being used. Lessee agrees to name Airworx as an additional insured and waive any right of contribution or indemnification against Airworx. 13. Dama es Losses to Rental Pro ert Lessee agrees to pay Airworx for alf losses and damages to the Equipment that may occur from the time leased unti suc property as een returned to Airworx and accepted by it. Lessee and Airworx agree that in order to determine the loss, damage or injury to the property, the replacement value shall be used as a basis for the adjustment. In making such an adjustment, it is agreed that no rentals paid or due, shall apply to the payment of such loss or damage. The Lessee shall be responsible for an additional rental charge, for loss of rental income by Airworx, during the time needed to repair or replace the damaged rental property. 14. REPLACEMENT and CLEANING: Lessee will be charged retail cost of any and all Equipment, including accessories, not returned. Equipment is to b e returned as clean as when it was rented. Charges of 540.00 /hour will be charged for cleanup. 15. OPERATING INSTRUCTIONS: Lessee warrants to Airworx that Lessee knows how to use the Equipment according to manufacturer specifications anTlessee assumes a ns s of any nature, incurred while the Equipment in Lessee's custody and control, commencing immediately when the Equipment is rented and ending when the Equipment is returned. 16. PROBLEMS: If Lessee experiences a problem call Airworx immediately. A 24 -hour answering service will take your call. 17. This agreement cannot be assigned without the written consent of Airworx. The Equipment rented shall not be sub -let without the written consent of Airworx. 18. Se�ver The provisions of this agreement shall be severable so that the invalidity, unenforceability or waiver of any of the provisions s ah II not affect the remaining provisions. 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 service rendered, by whom, rates per day, number of hours, rate per hour, number of units, price per unit, etc. Payee Purchase Order No. Terms Date Due Invoice Invoice Description Amount Date Number (or note attached invoice(s) or bill(s)) 232480 -0001 Man -Lift Parts $34.42 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 N ALLOWED 20 AirWorx ?0 1°�o x 7a`�Z— IN SUM OF Box 7842 Re4able�� 1, --dills (487— $34.42 70 YZ- ON ACCOUNT OF APPROPRIATION FOR Carmel Fire Department PO# Dept. INVOICE NO. I ACCT #/TITLE AMOUNT Board Members 1120 I 232480 -0001 I 42- 370.00 I $34.42 1 hereby certify that the attached invoice(s), or 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 of n s >I 7911 �I Fire Chief Title Cost distribution ledger classification if claim paid motor vehicle highway fund