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HomeMy WebLinkAbout158852 04/30/2008 CITY OF CARMEL, INDIANA VENDOR: 356429 Page 1 of 1 ONE CIVIC SQUARE CRANE AMERICA SERVICES +a CARMEL, INDIANA 46032 88048 EXPEDITE WAY CHECK AMOUNT: $276.00 CHICAGO IL 60695 -0001 CHECK NUMBER: 158852 CHECK DATE: 4/30/2008 D EPAR TM ENT A PO NUMBER INVOICE NUMBER AMO DESCRIPTION 2201 4350900 00307412 276.00 OTHER CONT SERVICES i a AM F CRANE AMERICA SERVICES cj _c► G> INDIANAPOLIS DIV 03 CUSTOMER COPY sFRU`G� CRANE AMERICA SERVICES I N V 0 I C E 2650 ROOSEVELT AVE INDIANAPOLIS IN 46218 Page 1 3 Sold TO: CITY OF CARMEL Ship TO: CITY OF CARMEL 3400 W. 131ST STREET 3400 W. 131ST STREET WESTFIELD IN 46074 WESTFIELD IN 46074 Date Rep ID Order No. Ord Date Ship Via Terms Inv No. 09/17/08 3 -1 00000119 04/04/08 NET 30 DAYS 00307412 Item /Description Quantities Units Price Amount 3 -6948 Ordered 1.0000 CITY OF CARMEL POHV /JEFF STEWART Shipped 1.0000 276 -0000 276.00 PERIODIC CRANE INSPECTION WE NOW ACCEPT MOST MAJOR CREDIT CARDS! *REMIT TO CRANE AMERICA SERVICES 88046 Expedite Way CHICAGO IL 60695 -0001 Subtotal 276.00 Non Taxable Taxable Sales Tax Freight Misc Invoice Total 276.00 .00 .00 .00 .00 276.00 BUYER ACKNOWLEDGES THAT BUYER RECEIVED, HAS HAD THE OPPORTUNITY TO REVIEW, AND AGREES TO THE TERMS AND CONDITIONS SET FORTH ABOVE, AS WELL AS THOSE TERMS AND CONDITIONS OF SALE CONTAINED ON THE REVERSE. ATLANTA BALTIMORE BIRMINGHAM BUFFALO CHARLESTON CHARLOTTE CINCINNATI CLEVELAND COLUMBIA COLUMBUS DAYTON FT. WAYNE INDIANAPOLIS KANSAS CITY KNOXVILLE LANCASTER LOUISVILLE NASHVILLE NORFOLK NORTHERN CALIFORNIA PHILADELPHIA PITTSBURGH PORTLAND RICHMOND SEATTLE ST. LOUIS TOLEDO TULSA A WHOLLY OWNED SUBSIDIARY OF DEMAG CRANES COMPONENTS \5,p OEM OHM MTHOU TERMS AND C®IN®f IONS{ OF SALE 1. PARTIES. 'Seller' refers to CRANE AMERICA SERVICES, ING,'Buyer' refers to the purchaser identified on of this pp rovision, requests for suspension of manufacturer or delivery shall be treated the same as cancellation. the face hereof, Gancru ation charges shall be due and payable upon Seller's making of its invoice. 2. TERMS AND ACCEPTANCE OF ORDER. All services performed °Services') and all orders and 9. LIMITED WARRANTY; DISCLAIMERS; LIMITATION OF LIABILITY AND REMEDIES. sales of nods supplied by Seller ('Goods' shall be sub'eCi to these terms and conditions. Seller warrants that the Services performed by Seller are freefrom defects in workmanship for a period of one year ACCEPTANCE BY BUYER IS WRESSLY 8IMITED TO THE TERMS AND CONDITIONS from date ofdate of performance CONTAINED HEREIN AND ON THE FACE HEREOF AND ANY INFORMATION OR Exclusions: Seller makes no warranties with respect to Goods. Buyer shall be entitled to only thosewarranties DOCUMENTS EXPRESSLY INCORPORATED BY REFERENCE. SELLER HEREBY provided by the manufacturers of such Goods, to the extent such, warranties are assignable to Buyer. Sellershall OBJECTS TO ANY CONTRARY, DIFFERENT OR ADDITIONAL TERMS OR CONDITIONS provide all reasonably available information to Buyer regarding such manufacturer warrant es. THAT MAY NOW OR IN THE FUTURE APPEAR ON BUYER'S ACKNOWLEDGMENT OR THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ANY AND ALL OTHER FORMS, OR ANY ALTERATIONS IN THE TERMS AND CONDITIONS OF THIS OTHER WARRANTIES, EXPRESS OR IMPLIED, ARISING BY LAW OR CUSTOM, DOCUMENT UNLESS EXPRESSLY AGREED TO IN WRITING BY SELLER. IF BUYER HAS PREViNSLY !MADE SELLER AN OFFER WITH RESPECT TO THE SERVICES OR INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF GOODS THIS DOCUMENT OR ANY OTHER ACKNOWLEDGMENT OR CONFIRMATION MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH BY SELLER SHALL NOT OPERATE AS AN ACCEPTANCE OF BUYER'S OFFER, BUT ARE HEREBY EXPRESSLY DISCLAIMED, RATHER SHALL BE DEEMED TO BE A COUNTEROFFER. If Seller's terms are not acceptable, Buyer shall immediately notify Selierof ils ob'ections and Buyet's failura to so Immediately upon discovery, Buyer shall give Seiler written notice of any alleged defects. Seller shall be given object and its delivery of an aeknowledgmeni or acceptance of the Goods andlor the performance of the Services, reasonable opportunity to inspect any alleged defective Services or Goods. Provided that inspection by Seller whichever occurs first, shall constitute 9uyer 's consent to the terms hereof. Any reference to Buyer's order of other verifiestheclaimed defects, BUYER'S SOLE AND EXCLUSIVE REIMEDYPURSUANT TO communication is for convenience only andnotan incorporation of the terms thereof unless expressly stated, Inthe ANY CLAIM AGAINST SELLER OF ANY KIND ARISING OUT OF OR CONNECTED event of any conflict between the terms set forth herein and the face hereof, the tatter shall control. WITH THE SERVICES AND GOODS PROVIDED BY SELLER, INCLUDING, BUT NOT 3.QUOTATION. Prices, payment terms, and dates of delivery referenced in Seller's quotations or offers are for LIMITED TO, A CLAIM IN CONTRACT, NEGLIGENCE OR TORT (INCLUDING, STRICT eforrnationat purgoses only and shall not be binding on Seller unless and until Seller has confirmed in writing its LIABILITY), SHALL BE, AT SELLER'S OPTION, THE PROPER PERFORMANCE OF acceptance of an order placed by Buyer in accordance with the quotation, Seller reserves the right to increase the CONTRACTED SERVICES OR A CREDIT OF ALL OR A PORTION OF THE PRICE price of the Goods state iinns gtat;nnorordertoreflectan subsequentircreaseinthecoslofmateriaiorlaborin PAID FOR THE SERVICES AND GOODS. the manufacture or delivery of the Goods. Quotations or otters terminate if not accepted by the Buyer within thirty (30) days. This provision is a material factor in Seller's agreement to provide the Se vices and Coeds at the price specified_ Any accommodation to Buyer by Seiler, whether for sales policy reasons or otherwise, shall not be 4, PRICING, RISKS AND TRANSPORTATION. Seller reserves the rights to increase the price of the taken to establish any liability of Seiler inconsistent herewith. Goods orServicesstatedin its quotation or order tofef€ ect any subsequent increase in the cost ofma tena!sorlabor NOTWITHSTANDING ANYTHING CONTAtNED HEREIN TO THE CONTRARY, SELLER in the manufacture ordefiveryYof the Goods orServices. WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY INDIRECT The Goods shall be shipped F.O.B. Seller's plant, Unless expPressly slated in writing, prices queried do not include INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ((INCLUDING BUT NOY an additional costs, including, but not limited to, carriage anddelivery costs, insurance, taxes, and costs associated LIM TED TO, LOSS OF PROFITS, REVENUE OR BUSINESS), ATTORNEYS FEES OR with the importafionlexportation of the Goods, which are the sole responsibility and expense of Buyer. in the event CLAIMS ARISING OUT OF THIRD PARTY ACTIONS REGARDLESS OF WHETHER SUCH that Seller expressly assumes any costs associated with the delivery, shipment, or importationlexportation of the THIRD PARTY ACTIONS OR ANY OTHER CLAIMS, LOSSES, OR DAMAGES WERE Goods in the quotation or order, the burden of any subsequent increase m these costs shall be borne by Buyer. REASONABLY FORESEEABLE TO BUYER OR SELLER RESULTING FROM OR IN ANY Regardless of whether Seller assumes any of the aforementioned Costs, all risk of damage, loss or theft shall be WAY RELATED TO SELLER'S PROVIDING THE SERVICES OR GOODS, WHETHER FOR bomeby Buyer. INJURIES TO PERSON, PROPERTY OR OTHERWISE. Buyer shall nolify Seller in compiete detail as to shipping and delivery dates and places. Should Buyyer's deliveryry instructions be delinquent, Seller shall have the right to designate the method and route of shipment, freightcoltect, 10, SITE LABOR SITE SERVICES, In the event that Seller has been enga ed to provide labor or other and to insure, at Buyer's expense with an insurer selected by Seller, the full value of the Goods so shipped. Seller services such as installation, start -up, inspections and or repairs 10 existing aquiprnen of the request of the Buyer; may. at its election, deliver the Goods in one or more installments, All such installments shall beseparately invoiced Seller shall be given free and clear access at She worksile €o most efficiently complete required site work at the and paid for when due without regard to subsequent deliveries. Buyer's designated work site. Buyer shall provide suitable power supply(s) for operation and connection of the If Goods that are ready for shipment are to be kept back on instructions of Buyer, or if shipment cannot be effected equipment that Seller has been requested to service. No warranty shall exist when a malfunction occurs to a piece for reasons beyond Seller's control, the Goods will be stored at Buyer's expense and risk a! prevailing storage rates, of equipmentwhere cause of malfunction is outside the specific scope fabor service or repairs proposed orpprovided. If Seller does not have the necessary storage space at its plant, Seller is entitled to store the Goods elsewhere at Buyer shall have no right of warranty for repair of malfunctions discovered upon operation of equipmentUsequenl Buyer's expense and risk, to an inspection service. S. TERMS OF PAYMENT. Unless otherwise stated, paymentterms for all Services performed of purchases 11. SECURITY INTEREST. Unless and until the Goods and Services are fully paid for, Buyer hereby grants of Goods are net thirty (311 days of invoice date, Payment is to be made in the specified currericy, with all Seller a security interest In the Goods to secure the unpaid balance of the price and all other obligations of Buyer to associated bank charges to e paid by Buyer. Buyer's obligation to pay does not cease until the full contract price Seller however arising. Buyer authorizes Seller to 1118 all necessary financing statements and other similar has been remitted to and is at the free disposal of Seller at the specified Iocauon. Payments shall be made as documents required to perfectible securit interest granted herein and irrevocably grants Seller a power of attorney stipulat8d without any deductions, including, but not limited to, deductions for discounts, expenses or taxes of any to execute any documents on behalf Of Blryer relating thereto. kind, or for any ailin damages or claims arising under this agreement or any other agreement unless expressly agreed to in writing y Seller. fn the event that Buyer shall fail to pay any part I he purchase price when due, Seller 12• INDEMNIFICATION BY BUYER- Buyer shat indemnify and hold harmless, and upon request byy Seiler, map, at its option, defer further shipments or cancel the unshipped balance. Seller reserves the right, prior to shall defend Seiler, its officers, directors, agen th ts, or employees, against any and all claims liability, loss ordamage, making any shipments, to re airs from Buyer satisfactory security for performance of Buyer's oblig ations. ncluding attorneys fees, arising oaf dl. any personal in;ury or dea or damage to or loss or destruction of prcpa y inte,est shalt be assessed, at a rate dsterrr,in8d by Seller in an amount Squat to or greater than Seller's cost of Origin out of, connected with crr incidental #o Bu' oils provision of Goods cr Ben €ens pursuant to instractien ho =sr ;ca+n to any pertinn ct payment not made in accordance wish the farms of this agreement Payment of such funs ed by Seller, whetter or no €said eta €ns er aeons are I <c ;nded ufon the nrrg[igence r ufleyec! neniigence cf merest �ur-s not relieve Buyer of its obligations under this atlreemonf Collection of past due accounts may be Sailer; provded however, this indemnity shall not apply where such injury io death oipesons ordamage !o er loss transferred to Seller's ahorneys and all legal expensasicosts associated with collection of past due accounts are or destruction of property is eons", by the sole, active naghgence of Setter payable by Buyer. 13, DEFAULT. If Buyer defaalte in aeriorming any o` its Obii�ation5 to Softer under this agreement, of any other Ea. DELIVERY; DELAY. Any Indicated date of delivery is only an approximate delivery date and will not be agreements, Seller may, at its option and without incurring any,iabiiity thereby, electtocaneef this agreementandlor binding unless expressly agreed to in writing by Seller. While Seller will attempt to meet any agreed delivery date, it to cancel any or all other agreements with Buyer, and pursue all available legal and equitable remedies shalt not be liable for delays in manufacture or delivery Goods or performance of Services due to any event beyond Seller's or its subcontrac €ors' reasonable control, including, but not limited to force majeure, fires, floods, riots, 14. INSOLVENCY. If Buyer shall be insolvent or cease doing business or be the sub"ect of an� proceedings str lkes, taoordisputes, freight embargoes, transpartation delays, shortage oflabor, inability to secure fuel, materials, under any bankruptcy, insolvency, or reorganization statute or law, suchactshall ,affhoop�tonofSel,acbedeemed supplies, equipment, or power on account of shortages thereof, or governmental import, export or transit a default under this agreement, and Seller may elect to cease performing and cancel t }its agreement with respect to suspensions or ""'not!ons. any Goods not delivered or received prior to a election, and pursue all available legal and equitable remedies. Delivery andlar performance of Services shall also be delayyed if Buyer fails to timelyy perform its obliggations under the agree mentorifl3uyorfail5t0 rtimitarleterined sinformation necessary fort hemanufactureoftheGoedsor 15. GOVERNING LAW; JURISDICTION. Anyconfiroversyarisingoutoierre !atedtothiscontrac €for the cerformano8 of the Services. Delay in deiivery of Goods or performance of Services does not entitle Buyer to cancel sale of goods shall be construed and governed by the laws of tho State of Ohio, including Article 2 of the Uniform the agraemantor to alai m damages directly or IndirectEy attributable to such delay unless (a) BuyBrastab!ishesthat Commercial Coda as codtied in phis Revised Cade Chapter 1312, regardless oft{ S laws that might be applicable the dal�g was within rho contol and due fo th'fault, f Seller, (b) Buyer suffered damages as a resultofsuch delay, under principles of conflicts of law. Any action arising (tom or related to this contract for the sale of goods shall be and (c) Seller has 8x reedy agreed In writing. instituted and litigated in any federal or slate court located in Montgomery County, Ohio. The parties hereby if Buyer requests a delay in delivery and Seller consanis thereto in writing, Buyer shalt pay reasonable storage irrevocably consent to the jurisdiction of the courts of Montgomery County, hio. charges plus Seller's cost for handling and repaintino or reconditioning due to weather exposure. Seller shall still have the right to render its normal invoice to Buyer as if the Goods had been In fact shipped in accordance with 15, NOTICES. Any required notices shall be delivered by hand or sent by courier, facsimile, express mat! (or its original schedule(s),Ii Buyer requests a delay in erection andlor installation when included in the contract and Seller equivaierfi, or postage prepaid certified or registered mall at the addresses provided on the face hereof, and shall consents thereto in writing, Buyer shaft pay for erection costs to that date and any additional cost resulting from the be deemed effective on the earlier of five (G) business days after having been sent or the date of actual recaip! delay Either party may change its address for no }iva by giving written notice to the other party of the change. 7. INSPECTION OF GOODS. Buyer shall, or Buyer shall instruct its agent or recipient of the Goods, to 17. MISCELLANEOUS. Theselerms and conditions setfodh the entire understanding and agreeme,itofthe nspact the Soods promptly upon receipt anther completion of applicable work by Seller. All claims for alleged parties in respect of the subiect mailer hereof No provisions shall be waived, changed terimmated, or ra ended de(ecfs in the Goods or Services rasulimg from their failure to conform to the warranty provided in this agreement, except by a writing signed by ttie part to he charged by any such waiver, chantle, ter cination or n scission No subject?a the terms herein, and any right of rejection or revocation o1 acceptance are waived if (a) Buyer, its a ant waiver of any breach of any provisra�? 0 this agreement shall constitute a wavier of any simi!a� or dissimilar or recipient of the Goods, fails 0 give Seller notice of any claim within fen (10) days after lender of delivery o.the provision prior to subsequent breach or shall eonstliute an amendment or moddcalion of this agreonient. It any Goods or rendering of Services, or (b) Buyer, its agent or recipient of the Goods, has used the Goods or done any prevision of this agreement shall be hold to be u3iaiilorc8able or Inapplicable, such holding shall riot affect the other net incdns =stmt with re;ecfon or revocation of acceptance (except for reasonaole'tesls and inspection Pnfarcaabitlty of airy o!her provision of this agreemeiil, No contraei for the purchase of Goads from Seiler or ft?a quantitiesj. Alf claims whatsoever by Baayer (,ocluding claims of shorta�gqes), exceptingg only those provided under performance of Services by Seller may he assigned by Buyer without the prior written convent of 58uer The warranty provision Whig agreement, must be asserted within said ten (1J) day period for each partial performance. previsions of flits agreement elnenvise shall bind and inure to the benefitof ±ha parties her8la and their respective there snail be no revocation of a ceptance Rejection may oily t e ter defects substantially impai ngg the value of hens, executors, administrators, successors .and assigns, Goods fir Services and the Buyers sole and exclusive ramcdy for lesser defects shall be those provided for under the warranty provision of this agreement. 10(112002 S:1VYdoxlClientig02533f(1010 ©1(}1)083395 Ooc B. CANCELLATIONICHANGES. Buyer may not rescind this agreement, or change or cancel an order, unless expressly ag €end to in writing b Seller, if Buyer makes awriften requestaf eaneeitat�on on Ihoentire o der, or any portion thereof, and Seller agrees !nwriting to such reqq€ass(, Huger shall than be responsible for payment fo Sellerof bar eltowing carrceiiation charges (i) reimbursement 'a ll material expenses (,neluding overhead costs aftributabte to direct expense) ircurred or committed to by the date cance{iat on request is received, (ii Seller's anticipated prof! en the eNrre order or cane led parfion (hereof; {{nQ any and alt incidental and consequential damages; and, fiv) if a cancellation request is mcery more than tt {try (30I days afterdate of order acceptance, a minimum canoe lollop charge of 25 °l° of the ent re price ar th8 cancelled pa ipn the eof. For purposes Prescribel by State Board of Accounts City Form No. 201 (Rev. 1995) ACCOUNTS PAYABLE VOUCHER c 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. n/ Payee Purchase Order No. Terms Date Due Invoice Invoice Description Amount Date Number n (or note attached invoice(s) or bill(s)) 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 IJAC�. -YL�_ C.�- f't'l�f'GCC1� C��i/E�,� IN SUM OF C�0�, ®n ON ACCOUNT OF APPROPRIATION FOR Board Members Po# or INVOICE NO. ACCT #/TITLE AMOUNT DEPT. I hereby certify that the attached invoice(s), or }�0 1 j_ ,1 to, Uc, 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 APR 204$ 20 Si rtatu zu, Cost distribution ledger classification if Title claim paid motor vehicle highway fund