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Home My WebLink About156297 02/06/2008 CITY OF CARMEL, INDIANA VENDOR: 00350310 Page 1 of 1 ONE CIVIC SQUARE POLYDYNE INC CARMEL, INDIANA 46032 P 0 e0x 404642 CHECK AMOUNT: $16,192.00 ATLANTA GA 30384 -4642 CHECK NUMBER: 156297 CHECK DATE: 2/612008 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 651 5023990 511009 387482 16,192.00 RESIN i t POLYDYN E Inc ORIGINAL INVOICE DATE UMBER 4STOMERN04 TEL: (800) 848 -7659 FAX: (912) 880 -2037 507179 01/16/08 387482 507179 DATE'SHIPPED ,ASSOCIATED °NUMBER 01/16/08 296379 .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 I i$7(1ER Nb'MBER r�. ..,�HAR[`FSL`xHIPPED VIA ,wGEN, -7 r R.w.�,r- 511009 RICEBORO, GA PPD /DP RNLO 290 NET 30 DAYS .UNITS PACKAGE DESCRIPTION TOTAL QUANTITY UNIT PRICE a 7 AMOUNT s t. 8 2300 #TOTE CLARIFLOC (R) CE -980 18400 .8800 16192.00 MERCH TOTAL 16192.00 TAX STATUS 003120155002 .00 Thank you. We appreciate your business. PLEASE REMIT TO: F USD 16192.00 Polydyne Inc. �g+TOTAL�, g P.O. Box 404642 `s 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 Gansu 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 by 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' The following terms and conditions are effective with respect to Buyer's order for goods Buyer's unloading, storage, handling, use or disposal of the goods except for any portion as invoiced and acknowledged herein, except to the extent any of them conflict with the of damages attributable to Seller's negligence. This Indemnity obligation of Buyer will 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 alt-N hat 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 pay 2. PRICE ADJUSTMENT [INCLUDING SURCHARGES]. The price herein specified any awards against Buyer for such infringement, provided Buyer(i) gives Seller prompt may be revised by written notice sent by Seller to Buyer not less than fifteen (15) written notice,(ii) permits Seller to defend and (iii) make its employees and pertinent days before the effective date of such revision. Buyer's failure to serve Seller with records available to Seller 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 o such revision. Failure of Buyer and especially for the Buyer, Buyer warrants there is no U.S. patent or copyright covering 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 sued 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 sued revising any price of particular goods, Seller shall have the Wahl to terminate its Buyer will defend Seller and pay any awards against Seller provided Seller gives obligations to supply such goods to Buyer. Buyer prompt written notice, permits Buyer to defend, and makes its employees and 3. BUYER'S WARRANTIES AND ASSUMPTION OF DUTIES REGARDING SAFETY, pertinent records available to Buyer to provide information for the defense HEALTH, UNLOADING, USE, HANDLINGAND DISPOSALOF THE GOODS. C. GOODSSPECIALLY LABELED AT BUYER'S REQUEST Buyerassumesall responsibility A. Buyer has received a material safety data sheet (MSDS) which sets forth infor- for use of any design, trademark, trade name, copyright or part thereof. appearing on mahon concern goods and describes certain precautions to se Taken in the the goods at Buyer s request. and will defend Seller and pay any awards against Seller 9 P for alleged design, trademark, tradename, or copyright infringement resulting from storage, handling, and use of the same Buyer assumes the following duties Seller's compliance with &.ryes s request and obligations. 1 1 RESALE OF GOODS No goods purchased by Buyer from Seller shall be rese d ty Bu,- Buyer will familiarize itself with all information and precautions disclosed bearing the rame ;,r trxie^a•� Se "er o any ^t !s a ;I w'.hou! the exc in safety and health information. including but not limited to any MSDS, written consent cf Se ier transmitted to Buyer by Seller before or during the term of this contract, or 12. TRANSPORTATION If Setter provides the transportation equipment or absorbs any port oa any such information supplied to Buyer by Seller or otherwise available of the freight charges, Seller shall have the right to designate carriers and routings Where to Buyer from Seller at any other time. the terms herein provide Buyer to absorb any portion of the freight charges, the freight (II) Buyer will adopt and follow safe handling storage, transportation, use, charges will be those legally due and payable for the shipment. treatment and disposal practices with respect to goods, includin� but not Buyer will use all reasonable effort to unload and return Seller's transportation equipment limited to, all such practices required by federal, slate, and Iota govern- to the carrier within the tariff or contracted period free of demurrage and/or detention men) statutes, rules regulations 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 Seiler 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. and 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 destrucCon a thereof which is directly attributable to Buyer All repairs to transportation equipment pro- IV) B Y will comply with a pplicable safety and environmental laws and take vided by Seller shall be made under the supervision or direction of Seller. action necessary 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 Seller 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 goods ate payment on any outstanding invoice for goods delivered under this contract. If Buyer shall fad to pay any amounts due Seller or any of its affiliates when due, whether or nct q 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 ('1'1' 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 of 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. FORCE MAJEURE: If Buyer's ability to take or Seller's ability to deliver the goods is impa shall not be contested. Seller shall retain records of the weight of each shipment due to circumstances beyond 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, accident, 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 Seller's ability to deliver the goods is reduced due to any such circumstance, Seller may reduce the 5. SELLER'S LIMITED WARRANTY- SUBJECTTO THE 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 elect a fair allocation of the goods to users purchasers thereof, in which case Sc r t Buver's ohligatinn to nurchasa the ono s from Seller here e xa under sha be redd a 1 cr; tiler curent sales spec c s for the goods described on the face of adjusted accord Notwithstand rig. If Seller's ability to deliver the goods s red,i this docurrent treat trey ^;4; be fit for the ordinary uses explicitly identified for such due to any such :rcurnstan n ce then Buyer may obta the goods from anothersr,.rce goods in Seller's then current product literature, that Seller will convey good title the quantity of the goods obla ned from another source wal be credited to ar y 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 governed by and construed in accordance with the laws of that State of Georgia, including the Uniforr- 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 warrantees with respect to the goods. THERE ARE NO in the federal and state courts of Liberty County, Georgia with respect to any action ars,r q 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 crea4nq HEREIN 19 or beneficial right in or on behalf of any third party 19. ASSIGNMENTS This contract shall not be assigned in whole or in part by Buyer .v thrit 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 cur defined in subparagraph 7 (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 ire goods supplied hereunder with respect to which dama es are claimed. Buyer forceable by any court of competent jurisdiction, such holding shall not Invalidate or render PP P g 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 Buie be liable to Buyer for any incidental, consequential, special, exemplary or acceptance of the foregoing terms and conditions, and Sefler expressly objects to a-,,. punitive damages to any person or property. rejects any terms and conditions that may be proposed by Buyer in which are in add t.cr laims" means all asse lions of any legal, to or differ from the foregoing terms and conditions. The terms and conditions of the agree, g, As used in paragraph 7, 8 and 9 "c e equitable, analog admiral) causes la action (including s all but not limited to ne ment may not be modified except by written instrument executed by all parties hereto and q Y 9 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. mance or nonperformance of this contract or the goods purchased hereunder. 23. WAIVERS: No delay or failure by Seller in the exercise of any right or remedy shall operate C. All limitations of Buyer's remedies and Seller's liabilities shall survive the e p i- as a waiver thereof; 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 ol�er 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 brought by Sellerto recover an amount due Buyer in writing and received by Seller within 60 days of the ship date; provided under this contract on the account of anyy breach oT, or to enforce or Interpret any of the covenants, items or conditions of this contract. Seller shall be entitled to recover from Buyer that for any claim which is not readily discoverable within such 60 day period such as part of its cost reasonable attorneys fees, the amount of which shall be fixed by the court claim shall be deemed waived unless made by Buyer In writing and received by 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 P5 ENTIRE AGREEMENT. This contract sets forth the entire and complete agreement regarding learns or should have been reasonably aware of facts which should have the subject matter hereof VC1UCHER 077206 WARRANT ALLOWED 350310 IN SUM OF POLYDYNE, INC PO BOX- `(�y.d ,ATLANTA, GA 3 Carmel Wastewater Utility ON ACCOUNT OF APPROPRIATION FOR Board members PO INV ACCT AMOUNT Audit Trail Code 387482 01- 7182 -05 $16,192.00 .o i I o 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. 0 Payee 350310 POLYDYNE, INC Purchase Order No. PO BOX 930894 Terms ATLANTA, GA 31193 Doe Date 2/1/2008 Invoice Invoice Description Date Number (or note attached invoice(s) or bill(s)) Amount 2/1/2008 387482 $16,192.00 ,Y 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 Date Officer