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Home My WebLink About157632 03/19/2008 CITY OF CARMEL, INDIANA VENDOR: 00350310 P8g@ 1 of 1 ONE CIVIC SQUARE POLYDYNE, INC CARMEL, INDIANA 46032 Po Box 930994 CHECK AMOUNT: $16,192.00 ATLANTA GA 31193 CHECK NUMBER: 157632 CHECK DATE: 3/19/2008 DEPARTMENT A CCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 651 i 5023990 S11062 394179 16,192.00 RESIN COMPOUND r r P®LY® tl 1 V E Inc. ORIGINAL INVOICE Ya DATE=3' ,y NUMBER .CUSTOMER NO TEL: (800) 848 -7659 FAX: (912) 880 -2037 507179 02/22/08 394179 50.7179 E 1 1 �fb s� DAT SH IPPED x t ASSOCIATED r� 02/22/08 305365 S CITY OF CARMEL, IN S CITY OF CARMEL, IN WASTE WATER TREATMENT PLT H L WASTE WATER TREATMENT PLT D 9609 HAZELDALE PKWY P 9609 HAZELDALE PKWY T INDIANAPOLIS, IN 46280 T INDIANAPOLIS, IN 46280 o O a* 85; r .tom �t;'^vs FREIGHT Zia SALES ,x n E uu� .z .-e�' t,nHnutS AGtIVi rs'i- z•e.. UPM "F .�1 �O ,kw r_=' w b�sw 511062 RICEBORO, GA PPD /DP RNLO 290 NET 30 DAYS "Qw0w ri UNITSi PACKAGE -a DESGRIP,TION'x 70TAL. QUANTITY y UNIT PRICE., Z _fr '`2''_ Zvi 3* 8 2300 #TOTE CLARIFLOC (R) CE -980 18400 .8800 16192.00 MERCH TOTAL 16192.00 TAX STATUS 003120155002 .00 Thank you. We appreciat your bu iness. s PLEASE REMIT TO: Polydyne Inc.�TOTAL USD 16192.00 P.O. Box 404642 3� Atlanta, GA 30384 -4642 SUBJECT TO TERMS AND CONDITIONS ON REVERSE SIDE PLEASE PAY THIS AMOUNT Past due amounts are subject to finance charge CERTIFICATIONS, TERMS AND CONDITIONS I. CERTIFICATIONS given rise to such claim, whichever first occurs. In case of breakage or loss in transit Buyer Fair Labor Standards Act The goods covered herein are warranted to have been shall also note the breakage or loss on the carrier's proof of delivery document signed r produced in compliance with requirements of the Fair Labor Standards Act of 1938. as the carrier's representative. amended, and all regulations issued thereunder. 9. INDEMNIFICATION Buyer will indemnify Seller against all claims, loss, liability and ex- pense (including but not limited to reasonable attorney fees) on account of any damage II. TERMS AND CONDITIONS to property of Injury or death of persons (including Buyer's employees) arising out o' order for goods Tuver's Buyer's unloading, storage, handling, use or disposal of the goods except for any pomnr The following terms and conditions are effective with respect to B of damages attributable to Seller's negligence. This indemnity obligation of Buyer wi as invoiced and acknowledged herein, except to the extent any of them conflict with the express terms and conditions of any agreement or contract entered into in writing survive the expiration, termination or cancellation of this contract. between Buyer and Seller covering such goods. 10. INTELLECTUAL PROPERTY INFRINGEMENT 1 TITLE Title and risk of loss in all goods sold hereunder shall pass to Buyer upon A. STAPLE COMMODITIES OF COMMERCE If suit is brought against Buyer alleging tnr only the manufacture or sale of any staple commodity of commerce sold hereunder Seller's delivery to carrier at shipping point. Infringes an U.S. patent, copyright or trademark, then Seller will defend Buyer and. pav 2. PRICE ADJUSTMENT [INCLUDING SURCHARGES]: The price herein specified any awards against Buyer for such infringement, provided Buyer(il gives Seller prom"! may be revised by written notice sent by Seller to Buyer not less than fifteen (15) written notice,(u) permits Seller to defend and (m) make its eml and per; me 1 days before the effective date of such revision. Buyer's failure to serve Seller with records available to Seiler to provide information for the defense. written notice of objection to the proposed price revision before the effective date B. GOODS MADE ESPECIALLY FOR THE BUYER -As respects all goods hereunder made thereof shall be considered acceptance of such revision. Failure of Buyer and especially for the Buyer, Buyer warrants there is no U.S. patent or copyright covennq Seller to agree on a proposed price revision after such notice by Seller releases them or Buyer has a right to have them made. Seller shall not be liable to Buyer if suet Seller without obligation and permits Buyer to purchase elsewhere the quantities for any U.S. patent or copyright infringement for the manufacture. sale, or use by other required thereafter. If any law, regulation or executive order prevents Seller from than Seller of any goods made especially for Buyer hereunder but. if Seller is suer; revising any price of particular goods, Seller shall have the right to terminate its Buyer will defend Seller and pay any awards against Seller provided Seller give; obligations to supply such goods to Buyer. Buyer prompt written notice, permits Buyer to defend, and makes its employees n 3. BUYER'S WARRANTIESAND ASSUMPTION OF DUTIES REGARDING SAFETY, pertinent records available to Buyer to provide information for the defense. HEALTH. UNLOADING, USE, HANDLINGAND DISPOSALOF THE GOODS, C. GOODS SPECIALLY LABELEDAT BUYER'S REQUEST- Buyer assumes all respons:b t for use of any design, trademark, trade name, copyright or part thereof, appear no n A. Buyer has received a material safety data sheet (MSDS) which sets forth infor- the goods at Buyer's request, and will defend Seller and pay any awards against Seller matron concerning goods and describes certain precautions to be taken in the for alleged design, trademark, tradename, or copyright infringement resulnnq f., storage. handling, and use of the same Buyer assumes the following duties Seller's compliance with Buyer's request and obligations 1 1 RESALE OF GOODS. No goods purchased by Buyer from Seller shall be resold t; B. (1) Buyer will familiarize itself with all information and precautions disclosed bearing the name or trademark of Seller or any of its affliates without the r,ior e,,r n safety and health information, including but not limited to any MSDS, written consent of Seller transmuted to Buyer by Seller before or during the term of this contract, or 1 2 TRANSPORTATION If Seller rov�des the transportation e ui menor absorbs a tion tbsorbn �Cr any such information supplied to Buyer by Seller or otherwise available p q p y to Buy er from Seller at anv other time of the freight charges, Seller shall have the right to designate carriers and routings Where the terms herein provide Buyer to absorb any portion of the freight charges, the freig (II) Buyer will adopt and follow safe handling, storage, transportation. use. charges will be those legally due and payable for the shipment treatment and disposai practices with respect to goods, including but not Buyer will use all reasonable effort to unload and return Seller' e. Sellers transportation equ pm limited to, all such practices required by federal, state, and local govern- to the carrier within the tariff or contracted period free of demurrage and or deteraion ment statutes, rules reouiahons or ordinances. charges Demurrage and/ or detention charges on such equipment shall be paid by Buyer (111) Buyer will instruct its employees, independent contractors. agents and If any transportation equipment provided by the Seller arrives at destination in damaged customers of the precautions and safe use practices required in connec- condition. Buyer shall immediately notify carrier's agent at destination of such damage, ano tion with the unloading. handling. storage, use, transportation and dis- shall also make Immediate written report thereof to Seller. During periods when transpor posal of goods, including, but not limited to, information contained In Seller's tation equipment provided by Seller is in the possession or under the jurisdiction of Buyer most current MSDS: and Buyer is responsible for same and shall be liable to Seller for all damage to or destruct nn V a safety and environmental laws and take thereof which is directly attributable to Buyer. All repairs to transportation equipment nro (IV) Buyer Y will comply P y with applicable vided by Seller shall be made under the supervision or direction of Seller. action recessary to avoid spills or other dangers to personal property or 13, TAXES Buyer shall be responsible for all sales taxes, excise taxes or other taxes levied the environment on Seller (other than income taxes) related to the manufacture, sale. delivery or use of a.' B Buyer warrants that it has used its own independent skill and expertise in goods sold to Seller by Buyer. connection with the selection and use of goods and that it possesses skill and 14. CREDIT If Buyer's financial responsibility becomes unsatisfactory to Seller and Seiler expertise in the handling, storage, transportation. treatment, use and disposal deems itself financially insecure. Seller may accelerate the due date and demand immed of the hoods. ate payment on any outstanding invoice for goods delivered under this contract If Buyer shall fail to pay any amounts due Seller or any of its affiliates when due, whether or nrr 4 AMOUNT OF SHIPMENT The quantity of goods received, and for which Buyer covered by this contract, Seller may terminate this contract. shall pay Seller. shall be measured in Pounds by Seller's certified scales. Any 15. INTEREST. Buyer shall pay Seller interest at the rate of one and one -half percent t' claims of shortage shall be deemed waived unless made in writing and received per month. or any portion thereof, on any amounts remaining unpaid after the due date cf by Seller within fifteen (15) days from Buyer's receipt of the shipment in question. any invoice Shortages of less than 1% of the net weight of shipments in tank cars or wagons 16. FOP,CE MAJEURE: If Buyer's ability to take or Seller's ability to deliver the hoods is impaired shall not 5e contested. Seller shall retain records of the weight of each shipment due to circumstances be and reasonable control, including but not limited to fire flood and of the certification of all scales used and immediately shall provide such to Government action, accide nt, labor disputes or shortage, or inability to obtain from normal Buyer upon written request. The parties agree to exercise the best efforts in good sources raw material, equipment, or transportation, the one so affected shall be excused faith to resolve any discrepancies regarding the weight of any shipment. without liability from taking or making delivery to the extent of such impairment. If Sellers ability to deliver the goods is reduced due to any such circumstance, Seller may reduce the 5. SELLER'S LIMITED WARRANTY SUBJECT TOTHE LIMITATION OF PARAGRAPH contract quantity in any year upon written notice to Buyer if Seller deems such reduction 6. 7. AND 8. Seller warrants that at the time of render the goods will conform to necessary to effect a fair allocation of the goods to users)ppurchasers thereof, in which case -!!?r 's !hen current sales speciflca ±ions for the gods described on me race or Buyer's obligation to purchase the goods from Seller f ereunder shall be reduced and adjuSied accoidiogy y. Notwit`,standiny If Scter's abi6iy to deliver f`'e goo I this document, that they will be ht for the ordinary uses explicitly identified for such due to any such circumstance, then Buyer may obtain the goods from another sour e i goods in Sellers then current product literature that Seller will convey good title he quantity of the goods obtained from another source will be credited to aly rin thereto, and that such goods will be delivered free from any lawful security interest, quantity requirement set forth in this contract, if any lien or encumbrance 17. UNIFORM COMMERCIAL CODE AND JURISDICTION This contract shall be gcve t and construed in accordance with the laws of that State of Georgia, including the Uni{crn 6. EXCLUSION AND DISCLAIMER OF ALL OTHER WARRANTIES The limited war- Commercial Code as in effect in Georgia except as the provisions of such code here ranties contained in paragraph 5 above and those contained in "I. Certifications' modified. Buyer hereby consents and waives any objection to the jurisdiction of and venue above are Seller's sole warranties with respect to the goods. THERE ARE NO in the federal and state courts of Liberty County, Georgia with respect to any action ansm OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY out of or relating to this contract and agrees to bring any such action in said courts OR FITNESS FORA PARTICULAR PURPOSE, EXCEPTAS EXPRESSLY STATED 18. NO THIRD PARTY BENEFICIARY Nothing in this contract shall be constituted as creating HEREIN 19. or beneficial right in or on behalf of any third party. 1 9. ASSIGNMENTS This contract shall not be assigned in whole or in part by Buyer wu h c 7. WARRANTIES Seller's prior written approval. 20. SET -OFF Any indebtedness of Seller to Buyer may not be credited against amounts owed A. Buyer's exclusive remedy and Seller's total liability to Buyer for claims (as by Buyer hereunder. Buyer hereby waives any right of set -off against amounts due bur- defined in subparagraph r (b) below) is expressly limited as follows: Buyer suant to this contract. has the option of replacement of or credit of the purchase price paid for, the 21. SEVERABILITY In the event any provisions of this contract shall be held invalid or unec- goods supplied hereunder with respect to which lama es are clothed. Buyer forceable b( any court of competent jurisdiction, such holding shall not invalidate or render 9 p. P Y unenforceable any other provisions hereof. waives all other claims by Buyer against Seller. Seller under no circumstances shall 22. MODIFICATION All sales of goods are limited to and made expressly conditional on Buyer s be liable to Buyer for any incidental, consequential, special, exemplary or acceptance of the foregoing terms and conditions, and Seller expressly objects to and punitive damages to any person or property, rejects any terms and condi ions that may be proposed by Buyer in which are in addition E As used in paragraph 7, 8 and 9 "claims" means all assertions of any legal, to or differ from the foregoing terms and conditions. The terms and conditions of the agree- ment may not be modified except b written instrument executed by all parties hereto and equitable, and /or admiralty causes of action (including but not limited to neg- take precedence over any inconsistent terms and conditions contained in any purchase ligence or strict liability: other tort, express or implied warranty, indemnity or order, confirmation, acknowledgment or other writing, now or hereafter existing. which contract contribution; or subrogation) related to or arising out of the perfor- may relate to the sale of goods between Buyer and Seller. malice or nonperformance of this contract or the goods purchased hereunder. 23. WAIVERS. No delay r failure by Seller in the exercise of any right or remedy shall operate C. All limitations of Buy 's remedies and Seller's liabilities shall survive the ex i- as a waiver thereofY no single or partial exercise by Seller of any right or remedy shall Y P preclude other or further exercise thereof or the exercise of any other right or remedy: and ration, termination or cancellation of this contract a waiver by Seller of any breach by Buyer shall not be construed as a waiver of any other breach by Buyer Time is of the essence of this Agreement. 8. NOTICE OF CLAIM All claims by Buyer shall be deemed waived unless made by 24. ATTORNEY'S FEES- If an action at law shall be brou ht byy Seller to recover an amount due Buyer in writing and received b Seller within 60 days of the ship ate: provided under this contract on the account of any breach ot. or to enforce or interpret any of the t for any claim which is not readily discoverable within such 60 day period such covena items or conditions of this contract Seller shall be entitled to recover from Buyer that shall claim deemed waived unless made b B in writing received by as art of its cost reasonable attorneys fees; the amount of which shall be fixed by the Coll'! Y Y g and shall be made part of any judgement or decree rendered. Seller within 180 days after receipt of the goods or within 30 days after Buyer 25. ENTIREAGREEMENT This contract sets forth the entire and complete agreement regard. learns or should have been reasonably aware of facts which should have the subject matter hereof VOUCHER 085024 WARRANT ALLOWED 350310 IN SUM OF POLYDYNE, INC PO BOX 930894 ATLANTA, GA 31193 Carmel Wastewater Utility ON ACCOUNT OF APPROPRIATION FOR Board members PO INV ACCT AMOUNT Audit Trail Code 394179 01- 7182 -05 $16,192.00 b P R l Voucher Total $16,192.00 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 350310 POLYDYNE, INC Purchase Order No. PO BOX 930894 Terms ATLANTA, GA 31193 Due Date 3/6/2008 Invoice Invoice Description Date Number (or note attached invoice(s) or bill(s)) Amount 3/6/2008 394179 $16,192.00 't 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 C Date Officer