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163894 09/17/2008 CITY OF CARMEL, INDIANA VENDOR: 361688 Page 1 of 1 ONE CIVIC SQUARE P P F C CARMEL, INDIANA 46032 10263 E WASHINGTON STREET CHECK AMOUNT: $5,236.70 INDIANAPOLIS IN 46229 -2627 CHECK NUMBER: 163894 CHECK DATE: 9/17/2008 D EPARTMENT ACCOUNT PO NUMBER INV OICE NUMBER AMOUNT DESCRIPTION 1205 4462000 18460 8043 5,236.70 SUB TRITON MIXER I 4 10263 E. WASHINGTON STREET INVOICE NUMBER: 8043 INDIANAPOLIS, INDIANA 46229 -2627 Pows. MI A ki.TUa IOW4 INVOICE DATE: 8/20/08 voice: (317) 780 -0005 Fax: (317) 780 -0004 PAGE: 1 SOLD TO: Ship To: CITY OF CARMEL CITY OF CARMEL 1 CIVIC SQUARE ATTN: MARK BAUMGART CARMEL, IN 46032 1 CIVI SQUARE USA CARMEL, IN 46032 USA C o Cam' o w PGJ c az r CITY pOF CARMEL IN 18460 a Nett 30 -Days s a D OD wmm BestWay 8/20;f08 o Z i PT# 01 -0093 -236 3HP SUB-TRITON 4,075 0% RP V! (URN firimmoll 11 7 r r� w MOTOR UNIT. LESS PUMP CHAMBER POWER m CONTROL PANEL -POWER CABLE. 2 30 VOLT 3 PHASE.I 8 7 AMPS PT# 18 ,0064 1 3HP ,SUB TTRITON MIYER 1,1239 61 0 �r r pTINIP CHAMBER F "h F z r a a 5HP NOT AVAILABLE 1 00 OTT 31 014? 003 CONTACTOR -3RT10L;120VCOIL 17 AMP 13z 22 1'32 2 W Aloomw FOR 3HP MOTOR UNIT PT# 31� 0148005 REPLACEMENT F_ a 75 97 0 OUE RI OAD RELXaY 3RT1 O 2 9 1 5 AMPS FOR 3HP MOTOR UNIT y/ E o 1 00 PT 75 GG88 GONTAGTOR &THERMFiL �y 00� 5 GOT OVERIOAD TEI�fPLATE a' C FORNET HOIE PAT�TERItT\IN EISTIIGf r 3 CONTROPAliEI s P H %0 f I, a D SC(OIT�i7 FOR 392.80 1 00 rte ti i �r IRV Sun TRITON MIXER Subtotal G no tinued X Sales Tax Continued I rece►ved, all the above Items In good condition and agree to ali `terms, Frel Continued N on face anurreverse of this form and as advertiseamn at i[p r~ A,� rit �V11L11tucLL brochuresid c ata 10 g Am, Payment Receauecl v Ci ro AN s i AZ r u ec N O' TOT ontin ed PLEASE NOTE: ALL SALES SUBJECT TO PPFC POLICIES AND FINAL APPROVAL. CLAIMS FOR FREIGHT SHORTAGES, DAMAGES, OR LOSS MUST BE MADE WITH THE DELIVERING CARRIER UPON ARRIVAL OF SHIPMENT. NO MERCHANDISE MAY BE DEDUCTED FOR OR RETURNED BY THE BUYER WITHOUT THE WRITTEN CONSENT AND RGA# OF PPFC. IN THE EVENT SUCH RETURN IS AUTHORIZED, ANY MERCHANDISE RETURNED BY THE BUYER AND ACCEPTED BY THE SELLER WILL BE SUBJECT TO A CHARGE OF 25% OF PURCHASE PRICE AS AND FOR A RESTOCKING CHARGE. ALL OTHER SHORTAGES MUST BE REPORTED WITHIN 3 DAYS. OTHERWISE, REPLACEMENT ITEMS WILL BE CHARGED AT YOUR EXPENSE. SHIPPING DAMAGES ARE NOT OUR RESPONSIBILITY. AN INTEREST CARRYING CHARGE OF 1' PER MONTH (18% PER ANNUM) WILL BE CHARGED ON ALL UNPAID INVOICES AFTER 20 DAYS. ALL SALES AND DELIVERIES ARE GOVERNED BY PPFC'S AGREEMENT OF TERMS AND CONDITIONS. (ON FACE AND REVERSE SIDE OF INVOICE.) 1. Upon any signature from Purchaser receiving any 7. The delivery terms with respect to the equipment 10. Purchaser shall hold Seller harmless, ar, indemnr.`y shipment of product or services shall bind Purchaser sold by Seller to Purchaser pursuant hereto shall be Seller, against any claim brought against Seller for to Sellers Standard Terms and Conditions as written "FOB origin" Seller's warehouse, unless otherwise infringement of any patent, copyright, trademary, of face and reverse of this document, and, as written specifically agreed in writing. The delivery date proprietary interest process or formula arising from in all Sale Catalogs /Literature and subject to change provided herein is contingent upon Purchaser's Seller's use of designs, plans, engineering, without notice by the General Office of Seller, acceptance of this Sale in writing on or before the processes. or formulas supplied, determined or date specified above, and any such delivery date requested by Purchaser. f 2. This Sale, when signed by Purchaser is subject to set forth herein is an approximate delivery date only, the approval of Seller's Credit Department and is not a guaranty of a particular delivery date and 11. No back charges by Purchaser will be honored subject to the return by Purchaser to Seller of the subject to reasonable extension thereof. This Sale unless approved in writing by an authorized completed Domestic Corporation Resale Account is subject to, and Seller shall not be responsible or representative of Seller before such back charge or Application and Project Identification. liable for, delay directly or indirectly resulting from expense is incurred. late arrival of or incorrect or incomplete plans, 3. Every effort has been made by Seller to be accurate specification or other working data, strikes, labor 12. Seller undertakes no commitment to provide surety and complete in this Sale, however verification of all disturbances, riots, shortages of labor or materials for Seller's performance hereunder unless terns, dimensions quantities and compliance with at Seller's plant, foreign or domestic embargos, previously or hereafter agreed to in writing by Seller. any applicable plans and specifications shall be the seizures acts of God, insurrections, war, the responsibility of the Purchaser. This Sale covers adoption or enactment of any law, ordinance, 13. In the event of breach in any term or condition only the items and quantities on the attached regulation, ruling or order directly or indirectly contained herein by Purchaser, in addition to all equipment schedule. No additions changes, or interfering with or rendering more burdensome the other remedies available to Seller at law or in equity, deletions will be made to the equipment schedule, production or delivery hereunder lack of usual Purchaser shall also be liable to Seller for Seller's except upon written request by Purchaser to Seller, means of transportation routes, other accidents or attorney's fees, costs and expenses incurred in and written confirmation of such changes by Seller contingencies beyond Seller's control or any other enforcing the terms and conditions of this to Purchaser. In the event a conflict exists between act or occurrence of any kind, nature or description agreement. Purchaser shall also be liable to Seller the items dimensions, or quantities listed in the in the Seller's or its suppliers' plants or elsewhere for all unpaid invoices submitted by Seller to equipment schedule and any itemized bill of material affecting transportation or production of the Purchaser on the terms and conditions contained on in either the plans or specifications, or if any materials or any ingredients used in or in connection the face thereof, additional items of excess quantities required by with its production. Seller's only obligation with Purchaser such shall be considered "optional respect to the delivery of the materials sold 14. Unless previously or hereafter agreed in writing, extras" and shall be sold by Seller to Purchaser at hereunder is to undertake its best efforts to ensure Seller shall not be liable nor responsible for any the prices in Seller's invoices related thereto but in delivery by the date set forth above. federal, state or local taxes, fees, bonds, permits, or all other respects shall be subject to the items and licenses required for Seller's performance conditions contained herein. S. Seller shall not be responsible for the suitability, hereunder. 4. Orders from Purchaser will be accepted subject to performance, adequacy, accuracy, or legality of p f Purchaser's designs any plans and specifications 15. Except for purposes of qualifying as a claimant or the approval of shop drawings. Data sheets, prints, applicable to the project or engineering related intended beneficiary of any payment and drawings or other materials required for submission thereto. Any description of the materials contained performance bond on which Purchaser, or an entity by Seller will be furnished after receipt by Seller from herein or in the equipment schedule attached hereto in direct contract with Purchaser is principal Seller Purchaser of the Sale. In the event any item or any is for the sole purpose of identifying them, is not a shall not be considered a subcontractor on any such submission is disapproved, the Purchaser may part of the basis for the bargain, and does not project for which the goods sold hereunder are cancel the order or renegotiate for a revised list of constitute a warranty that the materials shall intended to be used. Seller specifically disclaims equipment. However, the Seller does not obligate conform to that description. No affirmation of fact or compliance with any federal, state or local law, itself to furnish any equipment other than that promise made by the Seller, whether or not in this ordinance or regulation with respect to qualification originally listed in the equipment schedule attached agreement, shall constitute any warranty that the to do business in any state other than Indiana, hereto. materials will conform to any affirmation or promise unless expressly agreed in writing. 5. The Sale is based upon shipment of the entire list except as may be otherwise contained herein. No of equipment set forth in the equipment schedule by agent or representative of Seller has any authority 16. This writing is intended by Seller and Purchaser to the date specified on the face hereof or within a to bind Seller to any affirmative representation or be the final exclusive statement of the terms of the reasonable period of time it no date is designated. warranty concerning any materials sold hereunder agreement between Seller and Purchaser. No It shipment is delayed for any reason beyond the without the prior written approval of a duly course of dealing between the parties, and, no date specified above. without fault of Seller, or authorized officer of Seller. Seller makes no usage of trade, or course of performance, shall be beyond a reasonable period of time if no date is warranty, expressed or implied, that the equipment relevant to explain or supplement any term specified the prices for the equipment shall be sold hereunder is fit for any particular purpose, and expressed in this contract. No waiver alteration or Seller disclaims an warrant of merchantabilit modification of any of the provisions hereof shall be subject to renegotiation and increase. y y yr binding on Seller unless made in writing and a Seller makes no other warranty, expressed or g 9 reed 9 6. Seller contemplates that the entirety of the implied, other than set forth herein. to by a duly authorized officer of Seller. Waiver by equipment listed in the equipment schedule Seller of any default by Purchaser hereunder shall attached hereto shall be shipped at one time. Partial 9. Seller's liability hereunder shall be limited to either, not be deemed a waiver by Seller of any default shipments may be made at Seller's option, upon the at Seller's sole option, correction, replacement, or other than that default specifically waived. This written request of Purchaser, however any such prorated refund of contract price of any of the agreement and any written amendments hereto partial shipments will be made only on the condition materials or workmanship proved to be defective, shall be binding upon and insure to the benefit of that Purchaser pay for such partial shipments under provided that Purchaser give notice in writing and the Seller and Purchaser their heirs, assigns, the terms and conditions set forth in Seller's invoices produce satisfactory evidence of any such defect personal representatives and successors -in interest. related thereto. In the event Purchaser fails or promptly upon delivery and in any event within ten refuses to pay for any partial shipment on the terms (10) days after date of delivery. Seller shall have no 17. This agreement shall be governed by the laves of and conditions set forth in Seller's invoices related other liability for damages, direct or indirect, general, the State of Indiana. thereto, Purchaser grants Seller the right, without special or consequential, or for any expense, notice and at Seller's discretion, to withhold all future damage or loss of any nature whatsoever, including 18. Purchaser agrees that the preferred venue lies in shipments to Purchaser, and Seller's obligations any penalty or liquidated damages to Purchaser or Marion County, Indiana. All causes of action arising hereunder shall be deemed fulfilled and satisfied in any other person, firm or corporation. Failure of from this v reement all respects. Purchaser further agrees that in the purchaser to provide notice of defect within ten (10) agreement 1_'e. event Seller withholds further shipments, based days after delivery of completion of installation if must be d in upon the failure of Purchaser to pay for any partial applicable shall constitute an irrevocable file shipment pursuant to the terms and conditions of acceptance of the materials and workmanship, and Marion Seller's invoice related thereto. Purchaser shall be an admission that the materials and workmanship County, liable for all costs, expenses and damages fully comply with all terms conditions and State of associated with Seller's recommenceme of specifications of this agreement. Seller's maximum Indiana nt fabrication and shipment, should Seiler and liability shall not in any case exceed the purchase Purchaser subsequently agree in writing to reinstate price attributable to the equipment claimed to be Pools_ Fmx i vN. aro this agreement. defective or unsuitable. i r x` 10263 E. WASHINGTON STREET INVOICE NUMBER: 8043 INDIANAPOLIS, INDIANA 46229 -2627 INVOICE DATE: 8/20/08 Voice: (317) 780 -0005 Fax: (317) 780 -0004 PAGE: 2 SOLD TO: Ship To: CITY OF CARMEL CITY OF CARMEL 1 CIVIC SQUARE ATTN: MARK BAUMGART CARMEL, IN 46032 1 CIVI SQUARE USA CARMEL, IN 46032 USA CITY .C7F CARMEL; IN .Net 30 Days ii v Bst Wd OFF 8�J2,0/fl8 9 i9i a Y,, i 11 V091kyj o o '_i D o u LX o CH5- 0594 -699A 1.00 OTT 01``0093 236 PT# 01- 0093 -236 3HP 5UB- TRITON "4 4,075.05 w MOTOR UNIT. LESS PUMP CHAMBER, POWER CONTROL PANEL .,POWER CABLE; 230 VOLT': �3�PHASE ,AMPS 1 00 OTT18 ©464 PT# *78 0064 1 3HPSUB TRITONS MIXER1 119 „61 1 119 61 Z y PUMP CI n w o ft a 5fiP I�IO4 AVA�ILABL� y s 1 00� OTT 31; -0148 0{l5 PT# `0 0148 flfl5 REPIACEMENT 75 97 25 97 OVERLOAD RELAY „3RT102, 9 12 5 AMPS i k OR 3HP MOTOR UNIT ti a y o y TERMS NET 3�4�DAYS A y v w% on o FT ;`F O B "OR�IG +IIV PREPAY ATDI TO FINAL a \DICE ii r r �E /15SEMB 3 /I�NSTAT,LATICIN $Y TIERS ANI? i a� NOTINCLUDED WITH THIS ORDER m Subtotal 'Continued 3a es l tinued x Con IT 'InM a` Freight Continued lrecewetl allthe abo�eitems in ,goodc ition and agree to iallterms y ak o., e Amounts ont nued onface antlreversef thisformancia d vertised in aq o�prke ��rOChUr, S Gata�OgS Payment Receivers k Check No DOTAL DUE Continued A y PLEASE NOTE: ALL SALES SUBJECT TO PPFC POLICIES AND FINAL APPROVAL. CLAIMS FOR FREIGHT SHORTAGES, DAMAGES, OR LOSS MUST BE MADE WITH THE DELIVERING CARRIER UPON ARRIVAL OF SHIPMENT. NO MERCHANDISE MAY BE DEDUCTED FOR OR RETURNED BY THE BUYER WITHOUT THE WRITTEN CONSENT AND RGA# OF PPFC. IN THE EVENT SUCH RETURN IS AUTHORIZED, ANY MERCHANDISE RETURNED BY THE BUYER AND ACCEPTED BY THE SELLER WILL BE SUBJECT TO A CHARGE OF 25% OF PURCHASE PRICE AS AND FOR A RESTOCKING CHARGE. ALL OTHER SHORTAGES MUST BE REPORTED WITHIN 3 DAYS. OTHERWISE, REPLACEMENT ITEMS WILL BE CHARGED AT YOUR EXPENSE. SHIPPING DAMAGES ARE NOT OUR RESPONSIBILITY. AN INTEREST CARRYING CHARGE OF 1'/ PER MONTH (18% PER ANNUM) WILL BE CHARGED ON ALL UNPAID INVOICES AFTER 20 DAYS. ALL SALES AND DELIVERIES ARE GOVERNED BY PPFC'S AGREEMENT OF TERMS AND CONDITIONS. (ON FACE AND REVERSE SIDE OF INVOICE.) 1. Upon any signature from Purchaser receiving any 7. The delivery terms with respect to the equipment 10. Purchaser shall hold Seller harmless, a5,d indemni y shipment of product or services shall bind Purchaser sold by Seller to Purchaser pursuant hereto shall be Seller, against any claim brought against Seller for to Seller's Standard Terms and Conditions as written "FOB origin" Seller's warehouse, unless otherwise infringement of any patent, copyright, trademack, of face and reverse of this document. and, as written specifically agreed in writing. The delivery date proprietary interest process or formula arising from in all Sale Catalogs /Literature and subject to change provided herein is contingent upon Purchaser's Seller's use of designs, plans, engineering, without notice by the General Office of Seller. acceptance of this Sale in writing on or before the processes, or formulas supplied, determined or date specified above, and any such delivery date requested by Purchaser. 2. This Sete, when signed by Purchaser is subject to set forth herein is an approximate delivery date only, the approval of Sellers Credit Department and is not a guaranty of a particular delivery date and 11. No back charges by Purchaser will be honored subject to the return by Purchaser to Seller of the subject to reasonable extension thereof. This Sale unless approved in writing by an authorized completed Domestic Corporation Resale Account is subject to, and Seller shall not be responsible or representative of Seller before such back charge or Application and Project Identification. liable for, delay directly or indirectly resulting from expense is incurred. late arrival of or incorrect or incomplete plans. 3. Every effort has been made by Seller to be accurate specification or other working data, strikes, labor 12. Seller undertakes no commitment to provide surety and complete in this Sale, however verification of all disturbances, riots, shortages of labor or materials for Seller's performance hereunder unless items, dimensions quantities, and compliance with at Seller's plant, foreign or domestic embargos, previously or hereafter agreed to in writing by Seller. any applicable plans and specifications shall be the seizures, acts of God, insurrections, war, the responsibility of the Purchaser. This Sale covers adoption or enactment of any law, ordinance, 13. In the event of breach in any term or condition only the items and quantities on the attached regulation, ruling or order directly or indirectly contained herein by Purchaser, in addition to all equipment schedule. No additions, changes, or interfering with or rendering more burdensome the other remedies available to Seller at law or in equity, deletions will be made to the equipment schedule, production or delivery hereunder lack of usual Purchaser shall also be liable to Seller for Seller's except upon written request by Purchaser to Seller, means of transportation routes, other accidents or attorney's fees, costs and expenses incurred in and written confirmation of such changes by Seller contingencies beyond Seller's control, or any other enforcing the terms and conditions of this to Purchaser. In the event a conflict exists between act or occurrence of any kind, nature or description agreement. Purchaser shall also be liable to Seller the items, dimensions, or quantities listed in the in the Seller's or its suppliers' plants or elsewhere for all unpaid invoices submitted by Seller to equipment schedule and any itemized bill of material affecting transportation or production of the Purchaser on the terms and conditions contained on in either the plans or specifications, or if any materials or any ingredients used in or in connection the face thereof. additional items of excess quantities required by with its production. Seller's only obligation with Purchaser, such shall be considered "optional respect to the delivery of the materials sold 14. Unless previously or hereafter agreed in writing, extras" and shall be sold by Seller to Purchaser at hereunder is to undertake its best efforts to ensure Seller shall not be liable nor responsible for any the prices in Seller's invoices related thereto but in delivery by the date set forth above. federal, state or local taxes, fees, bonds, permits, or all other respects shall be subject to the items and licenses required for Seller's performance conditions contained herein. 8, Seller shall not be responsible for the suitability, hereunder. 4. Orders from Purchaser will be accepted subject to performance, adequacy. accuracy, or legality of p f Purchaser's designs, any plans and specifications 15. Except for purposes of qualifying as a claimant or the approval of shop drawings. Data sheets, prints, applicable to the project or engineering related intended beneficiary of any payment and drawings or other materials required for submission thereto. Any description of the materials contained performance bond on which Purchaser, or an entity by Seller will be furnished after receipt by Seller from herein or in the equipment schedule attached hereto in direct contract with Purchaser, is principal, Seller Purchaser of the Sale. In the event any item or any is for the sole purpose of identifying them, is not a shall not be considered a subcontractor on any such submission is disapproved, the Purchaser may part of the basis for the bargain, and does not project for which the goods sold hereunder are cancel the order or renegotiate for a revised list of constitute a warranty that the materials shall intended to be used. Seller specifically disclaims equipment. However, the Seller does not obligate conform to that description. No affirmation of fact or compliance with any federal, state or local law, itself to furnish any equipment other than that promise made by the Seller whether or not in this ordinance or regulation with respect to qualification originally listed in the equipment schedule attached agreement, shall constitute any warranty that the to do business in any state other than Indiana, hereto. materials will conform to any affirmation or promise unless expressly agreed in writing. 5. The Sale is based upon shipment of the entire list except as may be otherwise contained herein. No This writing is intended by Seller and Purchaser to agent or representative of Seller has any authority 16. of equipment set forth in the equipment schedule by to bind Seller to any affirmative representation or be the final exclusive statement of the terms of the the date specified on the face hereof, e within a easonable period of time if no date is designated. warranty concerning any ma agreement between Seller and Purchaser. No terials sold hereunder 9 If shipment is delayed for any reason beyond the without the prior written approval of a duly course of dealing between the parties, and, no date specified above, without fault of Seller, or authorized officer of Seller. Seller makes no usage of trade, or course of performance, shall be beyond a reasonable period of time if no date is warranty, expressed or implied, that the equipment relevant to explain or supplement any term specified, the prices for the equipment shall be sold hereunder is fit for any particular purpose, and expressed in this contract. No waiver alteration or subject to renegotiation and increase. Seller disclaims any warranty of merchantability. modification of any of the provisions hereof shall be Seller makes no other warranty, expressed or binding on Seller unless made in writing and agreed 6. Seller contemplates that the entirety of the implied, other than set forth herein. to by a duly authorized officer of Seller. Waiver by equipment listed in the equipment schedule Seller of any default by Purchaser hereunder shall attached hereto shall be shipped at one time. Partial 9. Seller's liability hereunder shall be limited to either, not be deemed a waiver by Seller of any default shipments may be made at Seller's option, upon the at Seller's sole option, correction, replacement, or other than that default specifically waived. This written request of Purchaser, however any such prorated refund of contract price of any of the agreement and any written amendments hereto partial shipments will be made only on the condition materials or workmanship proved to be defective, shall be binding upon and insure to the benefit of that Purchaser pay for such partial shipments under provided that Purchaser give notice in writing and the Seller and Purchaser, their heirs assigns, the terms and conditions set forth in Seller's invoices produce satisfactory evidence of any such defect personal representatives and successors -in interest. related thereto. In the event Purchaser fails or promptly upon delivery and in any event within ten refuses to pay for any partial shipment on the terms (10) days after date of delivery. Seller shall have no 17, This agreement shall be governed by the laws of and conditions set forth in Seller's invoices related other liability for damages, direct or indirect, general, the State of Indiana. thereto Purchaser grants Seller the right, without special or consequential or for any expense, notice and a Seller's discretion, to withhold all future damage or loss of any nature whatsoever, including 18. Purchaser agrees that the preferred venue lies in shipments to Purchaser, and Seller's obligations any penalty or liquidated damages to Purchaser or Marion County. Indiana. All causes of action arising hereunder shall be deemed fulfilled and satisfied in any other person, firm or corporation. Failure of from this all respects. Purchaser further agrees that in the purchaser to provide notice of defect within ten (10) agreement event Seller withholds further shipments, based days after delivery of completion of installation if must be upon the failure of Purchaser to pay for any partial applicable shall constitute an irrevocable filed in Marion 0 shipment pursuant to the terms and conditions of acceptance of the materials and workmanship, and Seller's invoice related thereto. Purchaser shall be an admission that the materials and workmanship County, liable for all costs, expenses and damages fully comply with all terms, conditions and State of associated with Seller's recommencement of specifications of this agreement. Seller's maximum Indiana fabrication and shipment, should Seller and liability shall not in any case exceed the purchase Purchaser subsequently agree in writing to reinstate price attributable to the equipment claimed to be this agreement. defective or unsuitable. t �D O 10263 E. WASHINGTON STREET INVOICE NUMBER: 8043 J INDIANAPOLIS, INDIANA 46229 -2627 Poem. loos. C Cos >1.ua Caawas,m INVOICE DATE: 8 Voice: (317) 780 -0005 Fax: (317) 780 -0004 PAGE: 3 iA 3 SOLD T0: Ship To: CITY OF CARMEL CITY OF CARMEL 1 CIVIC SQUARE ATTN: MARK BAUMGART CARMEL, IN 46032 1 CIVI SQUARE USA CARMEL, IN 46032 USA 0 CITY .OF CAME IN 184 S Net 30 Days Dan 11 �M 'ham y Bast Way 8 /2DJ{l8 9 1`9�I08 .a O o 5 w THANKS FOR YOUR ORDER! r J r wy m r Q o REF SERIAL NEW UNIT E 0708 10192 n` F AM OLD* UNIT# CH5'0594`6994A o g y� NMI O tt s �a a �s f o 3 v G 4 T Subtotal 5 015 05 X Sale., Tax r r eght �i 221 65! I recerved a11 above items m good and agree to�.all terms e n onfaeeand reverse ofthis� form andasadvertisedrn ago'pbe Aunt` s us 2 36 �o krrochuresl catalogs Payment �a�G'BCJr v o flT F3UE 5, 2 6 0� r ka IF N T 3 7 ri „ter, 3 PLEASE NOTE: ALL SALES SUBJECT TO PPFC POLICIES AND FINAL APPROVAL. CLAIMS FOR FREIGHT SHORTAGES, DAMAGES, OR LOSS MUST BE MADE WITH THE DELIVERING CARRIER UPON ARRIVAL OF SHIPMENT. NO MERCHANDISE MAY BE DEDUCTED FOR OR RETURNED BY THE BUYER WITHOUT THE WRITTEN CONSENT AND RGA# OF PPFC, IN THE EVENT SUCH RETURN IS AUTHORIZED, ANY MERCHANDISE RETURNED BY THE BUYER AND ACCEPTED BY THE SELLER WILL BE SUBJECT TO A CHARGE OF 25% OF PURCHASE PRICE AS AND FOR A RESTOCKING CHARGE. ALL OTHER SHORTAGES MUST BE REPORTED WITHIN 3 DAYS. OTHERWISE, REPLACEMENT ITEMS WILL BE CHARGED AT YOUR EXPENSE. SHIPPING DAMAGES ARE NOT OUR RESPONSIBILITY. AN INTEREST CARRYING CHARGE OF 1%2% PER MONTH (18% PER ANNUM) WILL BE CHARGED ON ALL UNPAID INVOICES AFTER 20 DAYS. ALL SALES AND DELIVERIES ARE GOVERNED BY PPFC'S AGREEMENT OF TERMS AND CONDITIONS. (ON FACE AND REVERSE SIDE OF INVOICE.) r 1. Upon any signature from Purchaser receiving any 7. The delivery terms with respect to the equipment 10. Purchaser shall hold Seller harmless, acl indemn >y shipment of product or services shall bind Purchaser sold by Seller to Purchaser pursuant hereto shall be Seller, against any claim brought against Seller for to Sellers Standard Terms and Conditions as written "FOB origin" Seller's warehouse, unless otherwise infringement of any patent copyright, trademars of face and reverse of this document, and, as written specifically agreed in writing. The delivery date proprietary interest, process or formula arising from in all Sale Catalogs /Literature and subject to change provided herein is contingent upon Purchaser's Seller's use of designs, plans, engineering, without notice by the General Office of Seller, acceptance of this Sale in writing on or before the processes, or formulas supplied, determined or date specified above, and any such delivery date requested by Purchaser. 2. This Sale, when signed by Purchaser, is subject to set forth herein is an approximate delivery date only, the approval of Seller's Credit Department, and is not a guaranty of a particular delivery date, and 11. No back charges by Purchaser will be honored subject to the return by Purchaser to Seller of the subject to reasonable extension thereof. This Sale unless approved in writing by an authorized completed Domestic Corporation Resale Account is subject to, and Seller shall not be responsible or representative of Seller before such back charge or Application and Project Identification. liable for, delay directly or indirectly resulting from expense is incurred, late arrival of or incorrect or incomplete plans, 3. Every effort has been made by Seller to be accurate specification or other working data, strikes, labor 12. Seller undertakes no commitment to provide surety and complete in this Sale, however verification of all disturbances, riots, shortages of labor or materials for Seller's performance hereunder unless items, dimensions, quantities, and compliance with at Seller's plant, foreign or domestic embargos, previously or hereafter agreed to in writing by Seller. any applicable plans and specifications shall be the seizures, acts of God, insurrections, war, the responsibility of the Purchaser. This Sale covers adoption or enactment of any law, ordinance, 13. In the event of breach in any term or condition only the items and quantities on the attached regulation, ruling or order directly or indirectly contained herein by Purchaser, in addition to all equipment schedule. No additions, changes, or interfering with or rendering more burdensome the other remedies available to Seller at law or in equity, deletions will be made to the equipment schedule, production or delivery hereunder, lack of usual Purchaser shall also be liable to Seller for Seller's except upon written request by Purchaser to Seller, means of transportation routes, other accidents or attorney's fees, costs and expenses incurred in and written confirmation of such changes by Seller contingencies beyond Seller's control, or any other enforcing the terms and conditions of this to Purchaser. In the event a conflict exists between act or occurrence of any kind, nature or description agreement. Purchaser shall also be liable to Seller the items dimensions; or quantities listed in the in the Seller's or its suppliers' plants or elsewhere for all unpaid invoices submitted by Seller to equipment schedule and any itemized bill of material affecting transportation or production of the Purchaser on the terms and conditions contained on in either the plans or specifications, or if any materials or any ingredients used in or in connection the face thereof. additional items of excess quantities required by with its production. Seller's only obligation with Purchaser, such shall be considered "optional respect to the delivery of the materials sold 14. Unless previously or hereafter agreed in writing, extras" and shall be sold by Seller to Purchaser at hereunder is to undertake its best efforts to ensure Seller shall not be liable nor responsible for any the prices in Seller's invoices related thereto but in delivery by the date set forth above. federal, state or local taxes, fees, bonds, permits, or all other respects shall be subject to the items and licenses required for Seller's performance conditions contained herein. 8, Seller shall not be responsible for the suitability, hereunder. 4. Orders from Purchaser will be accepted subject to performance, adequacy, accuracy, or legality of p I Purchaser's designs, any plans and specifications 15. Except for purposes of qualifying as a claimant or the approval of shop drawings. Data sheets, prints, applicable to the project. or engineering related intended beneficiary of any payment and drawings or other materials required for submission thereto. Any description of the materials contained performance bond on which Purchaser, or an entity by Seller will be furnished after receipt by Seller from herein or in the equipment schedule attached hereto in direct contract with Purchaser, is principal Seller Purchaser of the Sale. In the event any item or any is for the sole purpose of identifying them, is not a shall not be considered a subcontractor on any such submission is disapproved, the Purchaser may part of the basis for the bargain, and does not project for which the goods sold hereunder are cancel the order or renegotiate for a revised list of constitute a warranty that the materials shall intended to be used. Seller specifically disclaims equipment. However, the Seller does not obligate conform to that description. No affirmation of fact or compliance with any federal, state or local law, itself to furnish any equipment other than that promise made by the Seller, whether or not in this ordinance or regulation with respect to qualification originally listed in the equipment schedule attached agreement, shall constitute any warranty that the to do business in any state other than Indiana, hereto. materials will conform to any affirmation or promise unless expressly agreed in writing. 5. The Sale is based upon shipment of the entire list except as may be otherwise contained herein. No of equipment set forth in the equipment schedule by agent or representative of Seller has any authority 16. This writing is intended by Seller and Purchaser to the date specified on the face hereof, or within, a to bind Seller to any affirmative representation or be the final exclusive statement of the terms of the reasonable period of time if no date is designated warranty c oncerning a materials sold hereunder agreement between Seller and Purchaser. No If shipment is delayed for any reason beyond the without the prior written approval of a duly course of dealing between the parties, and, no date specified above, without fault of Seller, or authorized officer of Seller. Seiler makes no usage of trade, or course of performance, shall be beyond a reasonable period of time if no date is warranty, expressed or implied, that the equipment relevant to explain or supplement any term specified, the prices for the equipment shall be sold hereunder is fit for any particular purpose, and expressed in this contract. No waiver, alteration or subject to renegotiation and increase. Seller disclaims any warranty of merchantability, modification of any of the provisions hereof shall be Seller makes no other warranty, expressed or binding on Seller unless made in writing and agreed 6. Seller contemplates that the entirety of the implied, other than set forth herein. to by a duly authorized officer of Seller. Waiver by equipment listed in the equipment schedule Seller of any default by Purchaser hereunder shall attached hereto shall be shipped at one time. Partial 9. Seller's liability hereunder shall be limited to either, not be deemed a waiver by Seller of any default shipments may be made at Seller's option, upon the at Seller's sole option, correction, replacement, or other than that default specifically waived. This written request of Purchaser, however any such prorated refund of contract price of any of the agreement and any written amendments hereto partial shipments will be made only on the condition materials or workmanship proved to be defective, shall be binding upon and insure to the benefit of that Purchaser pay for such partial shipments under provided that Purchaser give notice in writing and the Seller and Purchaser, their heirs, assigns, the terms and conditions set forth in Seller's invoices produce satisfactory evidence of any such defect personal representatives and successors -in interest. related thereto. In the event Purchaser fails or promptly upon delivery and in any event within ten refuses to pay for any partial shipment on the terms (10) days after date of delivery. Seller shall have no 17. This agreement shall be governed by the laws of and conditions set forth in Seller's invoices related other liability for damages, direct or indirect, general, the State of Indiana. thereto, Purchaser grants Seller the right, without special or consequential, or for any expense, notice and at Seller's discretion, to withhold all future damage or loss of any nature whatsoever, including 18. Purchaser agrees that the preferred venue lies in shipments to Purchaser, and Seller's obligations any penalty or liquidated damages to Purchaser or Marion County, Indiana. All causes of action arising hereunder shall be deemed fulfilled and satisfied in any other person, firm or corporation. Failure of from this all respects. Purchaser further agrees that in the purchaser to provide notice of defect within ten (10) agreement event Seller withholds further shipments, based days after delivery of completion of installation if must be T d in upon the failure of Purchaser to pay for any partial applicable shall constitute an irrevocable file 0 shipment pursuant to the terms and conditions of acceptance of the materials and workmanship, and Marion Seller's invoice related thereto. Purchaser shall be an admission that the materials and workmanship County, liable for all costs, expenses and damages fully comply with all terms, conditions and State of aR. associated with Seller's recommencement of specifications of this agreement. Seller's maximum Indiana fabrication and shipment, should Seller and liability shall not in any case exceed the purchase Purchaser subsequently agree in writing to reinstate price attributable to the equipment claimed to be PoNrs. Poore, FOL';Pi» G ,POR,� FA this agreement. defective or unsuitable. N j Prescribed l by State Board of Accounts ACCOUNTS PAYABLE VOUCHER City Form No. 201 (Rev. 1995) 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 PPFC Purchase Order No. Terms Date Due Invoice Invoice Description Amount Date Number (or note attached invoice(s) or bill(s)) —081201051 Qr)A Sub Treton Moxer for Pond $b,236. 70 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 NQ, NO. -PPFC ALLOWED 20 IN SUM OF 10263 E. Washington Street Indianapolis, IN 46229-2627 $5, 236.70 ON ACCOUNT. OF APPROPRIATION FOR GENERAL FUND 1205 Administration Board Members DEPT or INVOICE NO. ACCT #/TITLE AMOUNT I hereby certify that the attached invoice(s), or 18460 bill(s) is (are) true and correct and that the final 8043 620 50 materials or services itemized thereon for which charge is made were ordered and 7 ---T-Zvu W43 620 221.65 received except 20 Signatu Title Cost distribution ledger classification if claim paid motor vehicle highway fund