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157895 04/01/2008 CITY OF CARMEL, INDIANA VENDOR: 00352517 Page 1 of 1 ONE CIVIC SQUARE CORRPRO WATERWORKS CHECK AMOUNT: $720.00 ,ra CARMEL, INDIANA 46032 PO sox 933026 �o�aa ATLANI 31193 -3029 CHECK NUMBER: 157895 CHECK DATE: 4/112008 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 601 5023990 W08101 51083305 720.00 TANK INSPECTION CORRPRO WATERWORKS CLEVELAND Invoice: SIO833O5 A Division of Corrpro Companies, Inc. Page: 1 1055 WEST SMITH ROAD Invoice Date: O2/29/2O08 MEDINA, OH 44256 Phone: (330) 725-6681 x339 Fax: (33O) 723-6065 REMIT.7O;'-Cg�����-Cg�Q��i��-PO-B���-933O29-Atl��t��_GA-31193�3029_-- Client Ship To: SOL0T0 CW000988-000 CWOOO988-OO1 CARMEL UTILITIES CARMEL UTILITIES ACCOUNTS PAYABLE SYSTEM 51345 146TH STREET TAN ONE CIVIC SQUARE CARMEL, IN 46O32 CARMEL, IN 46O32 Attention: MR. JOHN DUFFY Contract: 0O24O64 Period: O1/01/2007-12/31/2OO7 Order SP:0O24O64 Qty. Description Price u0m Extended Standard Service Description: J. Tank-to-water potential profile within tank to monitor and verify effectiveness of system on submerged metal surface of tank. 2. Electrical measurements to test anode and reference cells. 3, Inspect, test, and clean rectifier, controls, meters, contacts, ng, and connections. Replace fuses as required. 4. Adjust system for optimum c�rrosion control on submerged metal surface of tank. 5. Submit report with all data obtained, eva1uation of data, and recommendations for continued performance. Contract Visits: 50000O/ELEVATED/STREET DEPARTMENT G 4 3/1 1:51346 Serviced 2/2O/O8 Coverage Type: C-Standard Service 750O0O/SPHERE/146TH STREET TANK S/N:51345 Serviced 2/2O/O8 Coverage Type: C-Standard Service Contract Tax $....x $0. 00 Contract Total $720 00 VISA /MASTERCARD /AMERICAN EXPRESS ACCEPTED Total Tax $0 00 Invoice Total $720.00 PLEASE NOTE: See reverse side for terms and conditions qfsale. CUSTOMER COPY Terms: Due Upon Receipt TERMS AND CONDITIO14S OF SALE 1. Definitions workmanship at materials. as the case may be, at Seller's Plant or (ii) paying to Buyer an amount "Buyer" The person identified as Buyer or Customer on the face hereof. equal to the cost (to Buyer at the original time of sale) of the part or material which is defective. In no event shall Seller be required to repair, replace or reimburse Buyer for more than the part or "Goods" The items described on the face hereof which are being sold by Seller the terms of material that is found to be defective. The Goods, as a whole shall not be construed to be a "part' this Agreernent. or "material" for the purpose of the immediately preceding sentence. Any Goods that are repaired "Person" An individual, partnership, corporation, unincorporated association or other entity, or replaced by Seller pursuant to this subparagraph 8(a)(4) shall be re- delivered to Buyer F.O.B. Seller's Plant under the terms of Section 3 hereinabove and shall be warranted for the remaining "Seller' Corrpro. term of the Warranty with respect to such Goods. THE REMEDY SET FORTH IN THIS SUBPARA- "Seller's Plant" Sellers Plant at Houston, Texas or any other location owned by Seller. GRAPH 8(a)(4) IS EXPRESSLY AGREED TO BE THE SOLE AND EXCLUSIVE REMEDY FOR BREACH OF THE WARRANTY, "Shipping Address' The address to which the Goods are to be shipped, as shown on the face hereof (5) THE WARRANTY SET FORTH IN THE FIRST SENTENCE OF SUBPARAGRAPH 8(A) IS IN LIEU OF ALL OTHER WARRANTIES {EXCEPT OF TITLE), EXPRESS, IMPLIED OR STATU- "Warranty Period" The period of time specified as the Warranty Period on the face hereof. TORY. WITHOUT LIMITATION OF THE GENERALITY OF THE IMMEDIATELY PRECEDING SENTENCE, SELLER EXPRESSLY DISCLAIMS AND NEGATES (i) ANY IMPLIED OR EXPRESS 2. Quotations WARRANTY OF MERCHANTABILITY, (ii) ANY IMPLIED OR EXPRESS WARRANTY OF FITNESS All quotations and offers are predicted on acceptance by Buyer within the period set forth on FOR A PARTICULAR PURPOSE, (iii) ANY IMPLIED OR EXPRESS WARRANTY OF CONFORMITY the face hereof. and if not accepted within such period shall be subject to change or revocation by TO MODELS OR SAMPLES, AND (!v) ALL OTHER LIABILITY, EITHER IN CONTRACT OR TORT, Seller without notice. INCLUDING, WITHOUT LIMITATION. STRICT LIABILITY (WHETHER FOUNDED IN SECTION 402(a) OF THE RESTATEMENT OF TORTS OR OTHERWISE) AND NEGLIGENCE, 3. Delivery and Risk of Loss (a) All shipping dates given are approximate and are not a guarantee of a particular date of g. Indemnification shipment. SELLER SHALL NOT BE LIABLE FOR LOSSES OR DAMAGES OF ANY KIND WHAT- BUYER AGREES TO PROTECT AND INDEMNIFY, AND HOLD SELLER FREE AND HARM SOEVER (WHETHER INCIDENTAL. CONSEQUENTIAL, OR OTHERWISE) ATTRIBUTE TO OR LESS FROM AND AGAINST ANY AND ALL LIABILITY AND ANY AND ALL LOSSES, COSTS RESULTING IN ANY WAY FROM SELLER'S OVERBOOKING OF ORDERS OR DELAYS IN (INCLUDING, WITHOUT LIMITATION, THE COSTS OF LITIGATION AND ATTORNEY'S FEES), SHIPPING. CLAIMS AND CAUSES OF ACTION IN FAVOR OF.ANY AND ALL PERSONS ARISING OUT OF, (b) Seller shall ship the Goods to Buyer atthe Shippng Address by any commercially reasonable RESULTING FROM, OR IN ANY WAY ATTRIBUTE TO THE USE OR OPERATION OF THE means, but this requirement does not I i impose upon Seller the duty to make delivery of such address. GOODS OR ANY DEVICE, MATERIAL OR THING OF WHICH THE GOODS ARE MADE A PART Seller has the option re selecting the particular route and carrier for shipment the Goods to Buyer. OR TO WHICH THE GOODS ARE ATTACHED OR WITHIN THE GOODS ARE ENCLOSED. WHILE IN BUYER'S POSSESSION OR SUBSEQUENT TO ANY TRANSFER OF POSSESSION TO ANY THIRD PARTY, REGARDLESS OF WHETHER SELLER AND /OR OTHERS MAY BE WHOLLY 4. Inspection. CONCURRENTLY, PARTIALLY, JOINTLY OR SOLELY NEGLIGENT OR OTHERWISE AT FAULT. Buyer shall inspect the Goods immediately upon their arrival at the Shipping Address and shall, within 30 days of such arrival, give written notice Lo Seller of any claim that the Goods are 10. Limitation of Llabllfry In General nonconforming or otherwise defective. Buyer agrees that such 30 day period is a reasonable lime IN NO EVENT WHATSOEVER SHALL SELLER OR ITS AFFII..IATES BE LIABLE TO BUYER, for inspection of the Goods, and failure of Buyer to give such written notice within such 30 day ITS AFFILIATES, SUCCESSORS, ASSIGNS, VENDEES OR TRANSFEREES, OR TO ANY THIRD period shall constitute an irrevocable acceptance of the Goods. Buyer shall bear the expenses of PARTY, FOR ANY ECONOMIC LOSS, PHYSICAL HARM, INCIDENTAL, CONSEQUENTIAL OR inspection under alt circumstances. SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS AND/OR LOSS 5. Force Majeure; Adjustment OF BUSINESS OPPORTUNITIES) ARISING OUT OF, RESULTING FROM OR RELATING IN ANY WAY TO THIS AGREEMENT OR ACTS OR OMISSIONS IN CONNECTION THEREWITH (IN- if any performance of Seller under this Agreement is delayed or otherwise made impracticable CLUDING. WITHOUT LIMITATION, THE PERFORMANCE (WHETHER TEMELY OR NOT) OR or burdensome by reason of any cause beyond Seller's is reasonable control, including, without NONPERFORMANCE OF THIS AGREEMENT AND THE LOSS OF OR THE LOSS OF USE OF limitation, acts of God, riots, fires, floods, explosions, vandalism, sabotage, insurrection. severe ANY OF THE GOODS OR OTHER PROPERTY, REGARDLESS OF WHETHER THE GOODS OR weather. curtailment or termination of Seller's regular sources or supply of energy or power, inability THE USE OF THE GOODS RESULTS IN DAMAGE OR HARM ONLY TO THE GOODS OR TO to obtain or delay in obtaining necessary licenses or permits or materials or equipment, acts or OTHER PROPERTY OR WHETHER SELLER: ITS AFFILIATES AND.!OR OTHERS MAY BE omissions of Buyer, its agents or representatives, delays due toshippingortiansportationarchanges WHOLLY, CONCURRENTLY. PARTIALLY, JOINTLY OR SOLELY NEGLIGENT OR OTHERWISE or additions to this Agreement; strikes or other labor disputes involving Seller or its subcontractors AT FAULT. or suppliers (if being expressly understood that Buyer shall have no right to compel Seller to settle any such strike or other labor dispute on terms unsatisfactory to Seller) and any existing or future 11. Reliance laws or acts of any government or regulatory bodv (including, without limitation, any orders, rules, AS MORE FULLY SET FORTH IN OTHER PROVISIONS OF THIS AGREEMENT, SELLER or regulations issued by any official or agency of such government or body) affecting the conduct ACHED EXPRESS AGREEMENT WITH RESPECT TO THE LIMITATION REACHED E of Seller's business and with which Seiler in its judgement and discretion deems it advisable io AND BUYER HAVE E SELLER IN CONNECTION WITH THIS AGREEMENT. SELLER AND comply as a legal patriotic duty, then (i) Seller shall to such ca ll horn performance to the extent BUYER EXPRESSLY RECOGNIZE THAT (1) THE PRICE FOR WHICH SELLER HAS AGREED that and for so long g as such performance is delayed by such cause (ii) the delivery of the Goods TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT HAS BEEN PREDICATED ON affected shall he rescheduled, (iii) the price of such Goods shall be adjusted to reflect the effects THE AFORESAID LIMITATION OF LIABILITY, AND ii of the delay on Sellers casts. SELLER. IN DETERMINING TO PROCEED WITH ITS WORK PURSUANT TO THIS AGREEMENT, HAS EXPRESSLY RELIED ON SUCH 6. Cancellation LIMITATION OF LIABILITY AND WOULD NOT HAVE EXECUTED THIS AGREEMENT BUT FOR SUCH LIMITATION OF LIABILITY. No notice of cancellation or termination shall relieve Buyer from any obligations under this Agreement without the prior written consent of Seller, which consent must be contained in a writing 12. Form, Formation. and Readjustment of the Agreement signed by a corporate officer of Seller in Seller's General Office in Houston, Texas. If Seller permits Buyer to cancel or terminate this agreement. Buyer agrees to pay Seiler on demand, a minimum (a) this agreement constitutes the entire agreement between the parties, incorporating all prior 50% charge of the established list or quoted prices for all completed items, and forincomplete items negotiations and understandings relating to the subject matter hereof. whether written or the full cost incurred by Seller plus 20% thereof, plus charge for packing and storing, oral (b) The terms and conditions of this Agreement shall not be modified or rescinded except by 7. Stop Work written instrument executed by an authorized representative of Seller. If Seller is unable to proceed with the manufacture and shipment of your order. either due to (c) Seller's acceptance of Buyer's otter to purchase the Goods is expressly made conditional your request of as the direct result of governmental action or regulations. you will upon notification on Buyer's assent to all of the terms of this Agreement. notwithstanding any different or to that effect immediately instruct us to consider your order as completed in its then state of partial additional terms contained in any writing submilted or to be submitted to Seller by or on completion in which we will: behalf of Buyer relating to the subject matter hereof. Buyer's assent will be conclusively (a) Stop all work on the order as promptly as reasonably possible. established either by Buyers execution of this Agreement or by Buyer's acceptance of any Goods shipped under this Agreement. (h).Strrn.ali- tiNshed and ur+.;inlahatl itsme -not ITSted m -cur standard prico- lissand-aYy siartdard item which cannot be used at that time to fill another order, (d) Seller hereby objects to any and all different and/or additiona€ terms contained in any writing submitted or to be submilted to Seller by or on behalf of Buyer relating to the subject tc) Invoice you for established or quoted prices for all completed items, and for incomplete Items matter hereof, and under no circumstances are any such different and/or additional terms the full costs incurred by Seller plus 20`36, plus charge for packing and storing. to be considered a part of the contract between Buyer and Seller. I (d) Reinstate your order, at Seller's option, at the earliest possible date, subject to your acceptance of prices, terms, and shipping schedule quoted preliminary to such reinstatement. 13. Time Limitation of Actions; Waiver (e) Allow you appropriate credit for parts held in storage by us as your property if such parts Any action by Buyer for an alledged breach of warranty, breach of contract, or tort arising out can still be used in filling your reinstated order. of or related to this Agreement shall be commenced no later than one year after the cause of action accrues. If Buyer fails to commence any such action no later than one year after the cause of action 8. Limited Warranty and Limitation of Liability accrues, the action shall be deemed barred and Seller and its Affiliates shall have no liability (a) Seller warrants That the Goads, when delivered shall be free from detects in materials whatsoever to Buyer with respect thereto. manufactured'by Seller and in Seller's `workmanship. The'warranry set forth in the immediately The rights and remedies-herein reserved to Seller shalt be cumulative and in addition to any preceding sentence (the 'Warranty") shall apply only in labor of Buyer: shall apply during and shall: m other rights and remedies provided by law. The failure of Seiler to insist upon strict performance expire on the last day of the Warranty Period, and shall be subject to the following provsions; here shall not constitute a waiver of, or estoppel against asserting the right to require such performance in Ilia future, nor shall a waiver or estoppel in any one instance consfihite a waiver or (1) The Warranty shall not apply (i) to Goods which have been repaired or altered by any Person estoppel with respect to a later breach of a similar nature or otherwise. other than the Seller; (ii) to Goods which have been subjected to use beyond rated conditions, unreasonable use, negligence, or accident. (iii) to Goods which have been damaged because of 14, Governing Law; Consent to Jurisdiction their use or the use of any other materials or equipment after Buyer (or any other Parson using the Goods or acting by, through, or under Buyer) has or reasonably should have had knowledge of any This Agreement shall be deemed to have been made under- and shall be construed and defect, (iv) to Goods manufactured, fabricated or assembled by any Person other than Seller interpreted in accordance with the substantive laws of the State of Delaware without regard to the provided that Seller shall assign to Buyer, to the extent same is assignable, whatever warranty (if otherwise applicable Delaware choice of law rules or principles. Buyer hereby submits to the any) Seller has received from the manufacturer of such Goods and (v) to Seller's advisory services jurisdiction of the state and federal courts in the State of Delaware and hereby designates the (it any) to Buyer. Secretary of State of the State of Delaware as an authorized agent to accept on behalf of Buyer (2) The warranty shall not be effective unless Seller receives a written claim therefor within 30 service of any and all process in the State of Delaware in connection with this Agreement, days after the discovery of the defect with respect to which a claim is made. 15. Severabllity (3) If Buyer assess a claim under the Warranty. Seller shall have the right (but not the obligation) If any of the terms and conditions of this Agreement are held by any court to contravene or to to verify, with its own representatives, the nature and extent of the defect complained of prior to be invalid under the laws of an the time that the Goads are returned to Seller. Upon written request by Seller, Buyer shall, at its Y P olitical body havi jurisdiction over the subject matter hereof, own risk and expense, promptly return the Goods in question to Seller's Plant. such contravention or invalidity shall not i a the entire Agreement but, instead, this Agreement shall be construed as if not containing the panrticular provision or provisions held tube in contravention (4) The extent of Seller's liability for any breach of the Warranty shall be limited, at Seller's of law or invalid the rights and obligations of the parties shall be construed and enforced accordingly. option, either to (f) repairing or replacing (whichever Seller shall elect) any defect in Sellers and this Agreement shall thereupon remain in full force and effect VOUCHER. 081273 WARRANT ALLOWED "52517 IN SUM OF .CORRPRO COMPANIES (HARCO) 'P. O. BOX 933029 GA 31193 -3029 Carmel Water Utility ON ACCOUNT OF APPROPRIATION FOR Board members PO INV ACCT AMOUNT Audit Trail Code S1083305 01- 6360 -06 $720.00 Voucher Total $720.00 Cost distribution ledger classification if Claim paid under vehicle highway fund 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 of service rendered, by whom, rates per day, number of units, price per unit, etc. Payee 352517 CORRPRO COMPANIES (HARCO) Purchase Order No. P. O. BOX 933029 Terms ATLANTA, GA 31193 -3029 Due Date 3/21/2008 Invoice Invoice Description Date Number (or note attached invoice(s) or bill(s)) Amount 3/21/2008 S1083305 $720.00 hereby certify that the attached invoice(s), or bill(s) is (are) true and orrect and I have audited same in accordance with IC 5- 11- 10 -1.6 Date Officer