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Home My WebLink About161872 07/23/2008 CITY OF CARMEL, INDIANA VENDOR: 00350878 Page 1 of 1 ONE CIVIC SQUARE ICI DULUX PAINT CENTERS CARMEL, INDIANA 46032 21033 NETWORK PLACE CHECK AMOUNT: $128.36 .ate CHICAGO IL 60673 -1210 CHECK NUMBER: 161872 CHECK DATE: 7/23/2008 DEPARTMENT ACCOU PO NUMBER INVOICE NUMBE AMOUNT DESCRIPTION 1125 4236400 496188827 128.36 PAINT G I a .1- l t 1. w..v..�.. -.i ;V- .s��.w+gWL.�.... wow J F P!,e Rv ro 1 Pt°1lTS r iIE;INH I'� k Rain #s V w 2 '033 NETWOR PLAC'i 148' N!.`LARMEL DRIVE CHICAGO IL 60673 CIO Invoice Nbr. 0496 188827 CARMEL IN`�! 6 Invoice date 06/18/0$:.' 1 ['3171 846 4221•,x° w DUNS NBR: 1 51334 4 2 2. TIN 51 0290518 P &QE 1 Of 1 s 1 a FSOLD TO x SHIPPED 006198 CARMEL• CLAY PARKS RECRE CARYI1r;L` CLAX PAR�K�S 11 ro.j411 E ,1E16TH ST 141} E" 116TH STRfE CARMEL ;,TN 46032 77611 CARPII3L IN. 46032 11 JUN 2.7,2008 IaIighJlillili�„ Ill. 1l. ll.. Il�ll�. ""II...II111Ii1 DATESHaPP1 306` -R! FER NGE :..ON€t[CT9R 04�QI^R`:TYA6 TERMS,C?F:SA(- 06/18/08 �,.1% 1DTH PROX NET -30' PD:Ni1kIEER(5 ;;PQ DATE.-;:... Rl i .0.. .i. SH4PPEt]VIR::. ry 'F�OGATI3f CU9T6Mi R;"t�ER CpREvIE N¢F{: SHIPP( DV.WM:>: Custo er Service Telephone Number .0496 0203900 02192758 0496 13171 846 -4221 PFiODUGT 0(m F- PRQDDCT C[3LOR UNIT SIZE gE1AN— t= )(TENS CUSTC)Iv1Ef IC! DESCAlPTION INF. FAMATIOI'1 E NUMBER PRICE E t 62D1 -0110 01 1 1 GAL ;DULUX FORTIS FLAT WhT TINT 4 28.1D 112.40 57178 R404 2QT,.PLASTIC TRAY 11" I 2 4.40 8.80 X1/2 4 1 79 7 16 71436 COMMERCIAL 9 I r 'FU �y s t, I I I -�,S n: L L 9 I I I I I I I I I L L 9 9 .'.'.L I .1, ld r" Ce L L 9 w I V I 9 9 REMARKS /COMMENTS SUBTOTALS ;5> 10 128.36 SALES TAX: IN 94 TINT BASES MAY BE SHORT FILLED TO ALLOW ADDITION OF COLORANT. THIS MATERIAL IS SOLD SUBJECT 70 THE TERMS AND CONDITIONS CONTAINED ON THE REVERSE SIDE RETAIL SALE OF ICI PAINTS PRODUCTS REQUIRES THE USE OF V PAINTS COLOR CARDS AND RELATED COLLATERAL: ICI PAINTS PROVIDES THESE MATERIALS ALONG WITH ORDERS OF ICI PAINTS, SHIPPED SEPARATELY WITH FREIGHT PREPAID AND THE TITLE �N��1Ci rtOt1 3 PASSING ON DELIVERY TO CARRIER. 1 3 7 .35 PD!ALI 103/06) Paints 10098 MONO 0 I y TERMS AND CONDITIONS The sale of any products described or referred to herein is expressly conditioned upon the terms and conditions set forth below. Any order for or any statement or intent to purchase any'such products, or any direction to proceed with such purchase shall constitute assent to said terms and conditions. Any additional or different terms or conditions set forth in any such communication from the Buyer are hereby objected to by the Manufacturer and /or ICI Paints (Seller) and shall not,be.effective or binding unless assented to in writing by an authorized representative of Seller. 1. Risk of Loss: Shipping Risk of loss, shall pass from Seller to Buyer at the time the Products are removed from Seller's premises or, if applicable, tendered to the carrier. After risk of loss has passed to Buyer, Buyer shall file all claims for loss or damage with the carrier. Buyer shall be liable to Seller for the full price of the goods, irrespective of loss or damage in transit. Seller shall not be required to provide freight cost receipts to Buyer and freight charges may be estimated at the time of invoice. Shipping dates are estimates and Seller shall not be responsible if delays occur despite Seller's reasonable efforts. 2. Prices and Payments Product prices may be revised from time to time by Seiler. All payments shall be made in U.S. currency. All late payments will bear interest at the rate of the lesser of 2% per month or the maximum allowable by applicable law. All government charges upon the production, shipment, sale, storage and disposal of the Products, including, but not limited to, use, occupation, export and import taxes and duties, shall be paid by Buyer. It credit is extended, Seller may withdraw or modify credit terms at any time without notice. If Seller determines it is insecure concerning Buyer's financial condition or Buyer has failed to timely pay for Products, Seller may revoke Buyer's credit, suspend or terminate performance on this and/or other orders, agreements or shipments, and seek other legal and/or equitable relief. 1 RETURNED GOODS No goods may be returned for any reason without Seller's written permission. If returned for reasons other than Seller's error in filling Buyer's order, the Buyer will receive a credit in the amount of the billed price of the goods returned less a handling charge not to exceed 25% on wallcovering and 15% on all other items, if returned in 90 days (30 days for wallcoverings) of the invoice date. Amount of credit given for materials returned after 90 (30) days is subject to negotiation. Goods returned to Seller are to be shipped by the Buyer F.O.B. Seller's designated warehouse. 4. FAIR LABOR STANDARDS ACT Seiler warrants that all goods furnished hereunder have been produced in compliance with all applicable laws and regulations, including the applicable requirements of the Fair Labor Standards Act, as amended, and of regulations and orders of the U.S. Department of Labor issued hereunder. Seller also is in compliance with applicable requirements of Executive Order 11141 and 11246, as well as the Rehabilitation Act of 1973, as amended. 5. FORCE MAJEURE Seller shall not be liable for delays in delivery or performance, or for failure to manufacture, deliver or perform, due to (1) a cause beyond its reasonable control, or (2) an act of God, act of Buyer, act of civil or military authority, governmental priority, strike or other labor disturbance, flood, epidemic, war, riot, delay in transportation or car shortage, or (3) inability on account of a cause beyond the reasonable control of Seller to obtain necessary materials (including energy source), components, services or facilities. Quantities so affected shall be eliminated from this contract without liability, but this contract shall otherwise remain unaffected. Seller may, during any period of shortage due to any of the above causes, allocate its supply of raw materials among its various uses therefor (e.g., manufacturing and sales) in such manner as Seller deems practicable and allocate its supply of such goods among such various users thereof in any manner which Seller deems fair and reasonable. 6. LIMITED WARRANTY Subject to the "limitation of liability" section below, the Manufacturer and /or Seller warrants that the goods sold hereunder will conform to Manufacturer's standard specifications. MANUFACTURER AND /OR SELLER MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE GOODS, WHETHER AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER MATTER, 7. LIMITATION OF LIABILITY Buyer shall give written notice of any claim within thirty (30) days of the date of delivery and any action for breach of this contract must be commenced within one year after the cause of action has accrued. MANUFACTURER AND /OR SELLER SHALL NOT BE RESPONSIBLE, OBLIGATED OR LIABLE FOR ANY APPLICATION OR USE OF OR TO WHICH THE PRODUCTS DELIVERED HEREUNDER MAY BE PUT EITHER SINGLY OR IN COMBINATION WITH OTHER PRODUCTS OR INGREDIENTS. FURTHER, IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT BUYER'S EXCLUSIVE REMEDY AND MANUFACTURER'S AND /OR SELLER'S SOLE LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES TO BUYER RESULTING FROM ANY CAUSE WHATSOEVER INCLUDING MANUFACTURER'S AND /OR SELLER'S NEGLIGENCE, ALLEGED DAMAGED OR DEFECTIVE GOODS, IRRESPECTIVE OF WHETHER SUCH DEFECTS ARE DISCOVERABLE OR LATENT, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE OF THE PARTICULAR PRODUCTS WITH RESPECT TO WHICH LOSSES OR DAMAGES ARE CLAIMED, OR AT THE ELECTION OF THE MANUFACTURER AND /OR SELLER, THE REPAIR OR REPLACEMENT OF DEFECTIVE OR DAMAGED PRODUCTS. IN NO EVENT, INCLUDING IN THE CASE OF A CLAIM OF NEGLIGENCE, SHALL MANUFACTURER AND10R SELLER BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. S. Related Products "Related products" are. goods not manufactured by Seller, or that are supplied as .an accommodation to Buyer. Seller has no responsibility for related products, and such produc#s; as' between Buyer and Seller, are accepted by Buyer "as is all prices are F.O.B. related product manufacturer's factory. SELLER MAKES NO, AND HEREBY DISCLAIMS ANY WARRANTY FOR RELATED PRODUCTS, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR. MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, THE SOLE WARRANTY, IF ANY, CONCERNING RELATED PRODUCTS SHALL BE THAT OF THE RELATED PRODUCTS MANUFACTURER. Buyer agrees that Seller shall not be liable for claims, damage, injuries, delays or other loss arising from related products. Although Buyer and Seller agree Seller has no responsibility for related products if Seller is nonetheless determined to be liable for such products, Seller's SOLE AND EXCLUSIVE OBLIGATION shall be limited to the difference between the related product manufacturer's price to Seller and Seller's price to Buyer for related product which is the subject of the specific dispute or claim. FORM 7680 PRINTED IN U.S.A. 0+02 ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL An invoice of 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 ICI Paints Purchase Order No. 21033 network Place Terms Chicago, IL 60673 -1210 Invoice Invoice Description Date Number (or note attached invoice(s) or biii(s)) 6118108 496188827 Paint &supplies for Adm. Office Amount 128.36 I hereby certify that the attached invoice(s), or bill(s) is (are) true and correct and I have audited same in accordance 428.36 with IC 5- 11- 10 -1.6 ,20 Clerk- Treasurer Voucher No. Warrant No, ICI Paints Allowed 20 21033 network Place Chicago, IL 60673 -1210 In Sum of 128.36 r ON ACCOUNT OF APPROPRIATION FOR 101 General PO# or INVOICE NO. ACCT #/TITLE AMOUNT Board Members Dept 1125 496188827 4236400 128.36 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 17 -Jul 2008 Signature 128.36 Accounts Payable Coordinator Cost distribution ledger classification if Title claim paid motor vehicle highway fund